303.262 Issuance of notice of intention to terminate insured status under section 8(a) of the FDI Act (12 U.S.C. 1818(a)). 303.263 Cease-and-desist actions under section 8(b) of the FDI Act (12 U.S.C. 1818(b)).

303.264 Temporary cease-and-desist orders under section 8(c) of the FDI Act (12 U.S.C. 1818(c)).

303.265 Removal and prohibition actions under section 8(e) of the FDI Act (12 U.S.C. 1818(e)).

303.266 Suspension and removal action under section 8(g) of the FDI Act (12 U.S.C. 1818(g)).

303.267 Termination of insured status under section 8(p) of the FDI Act (12 U.S.C. 1818(p)).

303.268 Termination of insured status under section 8(q) of the FDI Act (12 U.S.C. 1818(q)).

303.269 Civil money penalties.

303.270 Notices of assessment under section 5(e) of the FDI Act (12 U.S.C. 1815(e)). 303.271 Prompt corrective action directives and capital plans under section 38 of the FDI Act (12 U.S.C. 18310) and part 325 of this chapter.

303.272 Investigations under section 10(c) of the FDI Act (12 U.S.C. 1820(c)). 303.273 Unilateral settlement offers. 303.274 Acceptance of written agreements. 303.275 Modifications and terminations of enforcement actions and orders. 303.276 Enforcement of outstanding enforcement orders.

303.277 Compliance plans under section 39 of the FDI Act (12 U.S.C. 1831p-1) (standards for safety and soundness) and part 308 of this chapter.

Counsel of the Legal Division, the Executive Secretary, and, in some cases, their designees to act on certain filings and enforcement matters.

(b) Additional application procedures may be found in the following FDIC regulations:

(1) 12 CFR part 327-Assessments (Request for review of assessment risk classification);

(2) 12 CFR part 328-Advertisement of Membership (Application for temporary waiver of advertising requirements);

(3) 12 CFR part 345-Community Reinvestment (CRA strategic plans and requests for designation as a wholesale or limited purpose institution);

Subpart A-Rules of General Applicability

§303.1 Scope.

This subpart A prescribes the general procedures for submitting filings to the FDIC which are required by statute or regulation. This subpart also prescribes the procedures to be followed by the FDIC, applicants and interested parties during the process of considering a filing, including public notice and comment. This subpart explains the availability of expedited processing for eligible depository institutions (defined in §303.2(r)). Certain terms used

throughout this part are also defined in this subpart. Finally, this subpart sets forth general principles governing delegations of authority by the FDIC's Board of Directors.

§303.2 Definitions.

For purposes of this part:

(a) Act or FDI Act means the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.).

(b) Adjusted part 325 total assets means adjusted 12 CFR part 325 total assets as calculated and reflected in the FDIC's Report of Examination.

(c) Adverse comment means any objection, protest, or other adverse written statement submitted by an interested party relative to a filing. The term adverse comment shall not include any comment concerning the Community Reinvestment Act (CRA), fair lending, consumer protection, or civil rights that the appropriate regional director

or deputy regional director (DCA) determines to be frivolous (for example, raising issues between the commenter and the applicant that have been resolved). The term adverse comment also shall not include any other comment that the appropriate regional director or deputy regional director (DOS) determines to be frivolous (for example, a non-substantive comment submitted primarily as a means of delaying action on the filing).

(d) Amended order to pay means an order to forfeit and pay civil money penalties, the amount of which has been changed from that assessed in the original notice of assessment of civil money penalties.

(e) Applicant means a person or entity that submits a filing to the FDIC.

(f) Application means a submission requesting FDIC approval to engage in various corporate activities and transactions.

(g) Appropriate FDIC region, appropriate FDIC regional office, appropriate regional director, appropriate deputy regional director, appropriate regional counsel mean, respectively, the FDIC region, and the FDIC regional office, regional director, deputy regional director, and regional counsel, which the FDIC designates as follows:

(1) When an institution or proposed institution that is the subject of a filing or administrative action is not and will not be part of a group of related institutions, the appropriate region for the institution and any individual associated with the institution is the FDIC region in which the institution or proposed institution is or will be located; or

(2) When an institution or proposed institution that is the subject of a filing or administrative action is or will be part of a group of related institutions, the appropriate region for the institution and any individual associated with the institution is the FDIC region in which the group's major policy and decision makers are located, or any other region the FDIC designates on a case-by-case basis.

(h) Associate director means any associate director of the Division of Supervision (DOS) or the Division of Compliance and Consumer Affairs (DCA) or, in the event such titles become obsolete,