Notice to All Interested Parties of Intent To Terminate Receivership

Published date25 January 2021
Citation86 FR 6879
Record Number2021-01543
SectionNotices
CourtFederal Deposit Insurance Corporation
6879
Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Notices
ACTION
: Notice of housing price inflation
adjustment.
SUMMARY
: The Department of Defense is
announcing the 2020 rent threshold
under the Servicemembers Civil Relief
Act. Applying the inflation adjustment
for 2020, the maximum monthly rental
amount as of January 1, 2021, will be
$4,089.62.
DATES
: These housing price inflation
adjustments are effective January 1,
2021.
FOR FURTHER INFORMATION CONTACT
: Lt.
Col. Patrick Schwomeyer, Office of the
Under Secretary of Defense for
Personnel and Readiness, (703) 692–
8170.
SUPPLEMENTARY INFORMATION
: The
Servicemembers Civil Relief Act, as
codified at 50 U.S.C. App. 3951,
prohibits a landlord from evicting a
Service member (or the Service
member’s family) from a residence
during a period of military service,
except by court order. The law as
originally passed by Congress applied to
dwellings with monthly rents of $2,400
or less. The law requires the Department
of Defense to adjust this amount
annually to reflect inflation and to
publish the new amount in the Federal
Register. Applying the inflation
adjustment for 2020, the maximum
monthly rental amount for 50 U.S.C.
App. 3951(a)(1)(A)(ii) as of January 1,
2021, will be $4,089.62.
Dated: January 19, 2021.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2021–01481 Filed 1–22–21; 8:45 am]
BILLING CODE 5001–06–P
FARM CREDIT SYSTEM INSURANCE
CORPORATION
Regular Meeting; Farm Credit System
Insurance Corporation Board
AGENCY
: Farm Credit System Insurance
Corporation.
ACTION
: Notice; regular meeting.
SUMMARY
: Notice is hereby given, in
accordance with the provisions of
Article VI of the Bylaws of the Farm
Credit System Insurance Corporation
(FCSIC), of a forthcoming regular
meeting of the Board of Directors of
FCSIC.
DATES
: January 28, 2021, at 10:00 a.m.
EDT, until such time as the Board may
conclude its business. Note: Because of
the COVID–19 pandemic, we will
conduct the board meeting virtually. If
you would like to observe the open
portion of the virtual meeting, see
instructions below for board meeting
visitors.
ADDRESSES
: Because of the COVID–19
pandemic, we will conduct the board
meeting virtually. If you would like to
observe the open portion of the virtual
meeting, see instructions in
SUPPLEMENTARY INFORMATION
for board
meeting visitors.
FOR FURTHER INFORMATION CONTACT
: Dale
Aultman, Secretary to the Board of the
Farm Credit System Insurance
Corporation, (703) 883–4009. TTY is
(703) 883–4056.
SUPPLEMENTARY INFORMATION
:
Instructions for attending the virtual
meeting: Parts of this meeting of the
Board will be open to the public, and
parts will be closed. To observe the
open portion of the virtual meeting, go
to FCSIC.gov, select ‘‘News & Events,’’
then ‘‘Board Meetings.’’ There you will
find a description of the meeting and
‘‘Instructions for board meeting
visitors.’’ If you need assistance for
accessibility reasons or if you have any
questions, contact Dale Aultman,
Secretary to the Farm Credit System
Insurance Corporation Board, at (703)
883–4009. The matters to be considered
at the meeting are as follows:
A. Approval of Minutes
December 17, 2020
B. New Business
Review of Insurance Premium Rates
Policy Statement—Receivership and
Conservatorship Counsel
Policy Statement—Appraisals
Policy Statement—Allowance for
Insurance Fund Loss
C. Closed Session—Audit Committee
CFO Report—List & Status of All
Contracts
Annual Report on Whistleblower
Activity
Dated: January 19, 2021.
Dale Aultman,
Secretary, Farm Credit System Insurance
Corporation.
[FR Doc. 2021–01495 Filed 1–22–21; 8:45 am]
BILLING CODE 6710–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
Notice to All Interested Parties of
Intent To Terminate Receivership
Notice is hereby given that the
Federal Deposit Insurance Corporation
(FDIC or Receiver) as Receiver for the
institution listed below intends to
terminate its receivership for said
institution.
N
OTICE OF
I
NTENT
T
O
T
ERMINATE
R
ECEIVERSHIP
Fund Receivership name City State
Date of
appointment
of receiver
10148 ..... Century Bank, FSB ......................................................................................................... Sarasota ........ FL ........... 11/13/2009
The liquidation of the assets for the
receivership has been completed. To the
extent permitted by available funds and
in accordance with law, the Receiver
will be making a final dividend
payment to proven creditors.
Based upon the foregoing, the
Receiver has determined that the
continued existence of the receivership
will serve no useful purpose.
Consequently, notice is given that the
receivership shall be terminated, to be
effective no sooner than thirty days after
the date of this notice. If any person
wishes to comment concerning the
termination of the receivership, such
comment must be made in writing,
identify the receivership to which the
comment pertains, and sent within
thirty days of the date of this notice to:
Federal Deposit Insurance Corporation,
Division of Resolutions and
Receiverships, Attention: Receivership
Oversight Department 34.6, 1601 Bryan
Street, Dallas, TX 75201.
No comments concerning the
termination of this receivership will be
considered which are not sent within
this time frame.
(Authority: 12 U.S.C. 1819)
Federal Deposit Insurance Corporation.
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6880
Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Notices
1
85 FR 54377 (Sep. 1, 2020).
2
12 U.S.C. 4806(a).
3
12 U.S.C. 4806(f)(2).
4
12 U.S.C. 4806(b).
5
12 U.S.C. 4806(f)(1)(A).
6
12 U.S.C. 4806(f)(1)(B).
7
12 U.S.C. 4806(g).
8
60 FR 15923 (Mar. 28, 1995).
9
60 FR 15923, 15930. Committee members could
also designate another person to serve on their
behalf.
10
60 FR 15923, 15924.
11
60 FR 15923, 15924.
12
69 FR 41479, 41480 (July 9, 2004).
13
69 FR 41479, 41480.
14
69 FR 41479, 41480–81. For example, the
Ombudsman was excluded from the SARC in order
to avoid any possible conflict between the
Ombudsman’s statutory role as a liaison between
the agency and financial institutions on the one
hand, and as a decision maker on the SARC on the
other hand.
15
69 FR 41479, 41480.
Dated at Washington, DC, on January 19,
2021.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2021–01543 Filed 1–22–21; 8:45 am]
BILLING CODE 6714–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
RIN 3064–ZA20
Guidelines for Appeals of Material
Supervisory Determinations
AGENCY
: Federal Deposit Insurance
Corporation.
ACTION
: Notice of guidelines.
SUMMARY
: The Federal Deposit
Insurance Corporation has adopted
revised Guidelines for Appeals of
Material Supervisory Determinations to
establish an independent office that
would replace the existing Supervision
Appeals Review Committee and to
modify the procedures and timeframes
for considering formal enforcement-
related decisions through the
supervisory appeals process.
DATES
: The new Guidelines for Appeals
of Material Supervisory Determinations
will become effective once the Office of
Supervisory Appeals is fully
operational.
FOR FURTHER INFORMATION CONTACT
:
Sheikha Kapoor, Senior Counsel, Legal
Division, (202) 898–3960, skapoor@
fdic.gov; James Watts, Counsel, Legal
Division, (202) 898–6678, jwatts@
fdic.gov.
SUPPLEMENTARY INFORMATION
:
On September 1, 2020, the Federal
Deposit Insurance Corporation (FDIC)
published in the Federal Register for
notice and comment proposed
amendments to its Guidelines for
Appeals of Material Supervisory
Determinations (Guidelines), which
provide the process by which insured
depository institutions (IDIs) may
appeal material supervisory
determinations made by the FDIC.
1
The
FDIC proposed to establish an
independent office that would replace
the existing Supervision Appeals
Review Committee (SARC) and to
modify the procedures and timeframes
for considering formal enforcement-
related decisions through the
supervisory appeals process. The
comment period ended October 20,
2020, and the FDIC received fifteen
comment letters. These comments and
the FDIC’s responses are summarized
below.
I. Background
Section 309(a) of the Riegle
Community Development and
Regulatory Improvement Act of 1994
(Riegle Act) required the FDIC (as well
as the other Federal banking agencies
and the National Credit Union
Administration) to establish an
‘‘independent intra-agency appellate
process’’ to review material supervisory
determinations.
2
The Riegle Act defines
the term ‘‘independent appellate
process’’ to mean ‘‘a review by an
agency official who does not directly or
indirectly report to the agency official
who made the material supervisory
determination under review.’’
3
In the
appeals process, the FDIC is required to
ensure that: (1) An IDI’s appeal of a
material supervisory determination is
heard and decided expeditiously; and
(2) appropriate safeguards exist for
protecting appellants from retaliation by
agency examiners.
4
The Riegle Act defines ‘‘material
supervisory determinations’’ to include
determinations relating to: (1)
Examination ratings; (2) the adequacy of
loan loss reserve provisions; and (3)
classifications on loans that are
significant to an institution.
5
Expressly
excluded from this definition are
decisions to appoint a conservator or
receiver for an IDI or to take prompt
corrective action pursuant to Section 38
of the Federal Deposit Insurance Act
(FDI Act), 12 U.S.C. 1831o.
6
Finally,
Section 309(g) of the Riegle Act
expressly provides that the requirement
to establish an appeals process shall not
affect the authority of the Federal
banking agencies to take enforcement or
supervisory actions against an IDI.
7
A. Structure of the Supervisory Appeals
Review Committee
On March 21, 1995, the FDIC’s Board
of Directors (Board) adopted the
Guidelines to implement Section 309(a).
The Board, at that time, established the
SARC to consider and decide appeals of
material supervisory determinations.
8
The SARC was initially comprised of
five members: The FDIC’s Vice
Chairperson (as Chairperson of the
SARC), the Director of the Division of
Supervision (DOS) (the predecessor to
the Division of Risk Management
Supervision (RMS)), the Director of the
Division of Compliance and Consumer
Affairs (DCA) (the predecessor to the
Division of Depositor and Consumer
Protection (DCP)), the FDIC
Ombudsman, and the General Counsel.
9
Consistent with the Riegle Act’s
mandate to create an intra-agency
appeals process, membership in the
SARC was limited to FDIC officials.
10
In
order to ‘‘establish[] a fair and credible
review process,’’ the SARC was
comprised of senior officials at the
FDIC, including the Directors of DOS
and DCA, who were expected to ‘‘bring
to the Committee the necessary
experience and judgment to make well-
informed decisions concerning
determinations under review.’’
11
The
Guidelines were subsequently amended
to add the Director of the Division of
Insurance as a voting member of the
SARC, and to provide formally that the
Directors of DOS and DCA would not
vote on cases brought before the SARC
involving their respective divisions.
12
In July 2004, the FDIC revised the
Guidelines to change the structure and
composition of the SARC to its current
form. Specifically, the voting members
of the SARC are now comprised of: One
of the FDIC’s three inside directors (who
serves as the SARC Chairperson), and
one deputy or special assistant to each
of the other two inside directors.
13
The
FDIC’s General Counsel also serves as a
non-voting member of the SARC. In the
event of a vacancy, the Guidelines
authorize the FDIC Chairperson to
designate alternate member(s) to the
SARC, so long as the alternate member
was not directly or indirectly involved
in making or affirming the material
supervisory determination under
review. These changes were intended to
avoid the potential conflicts then faced
by the Ombudsman and Division
Directors,
14
and to ‘‘further underscore
the perception of the SARC as a fair and
independent high-level body for review
of material supervisory determinations
within the FDIC.’’
15
In July 2017, the FDIC further revised
the Guidelines to provide an
opportunity for IDIs to appeal certain
material supervisory determinations
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