64884 Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Rules and Regulations

1The CPI–U is compiled by the Bureau of

Statistics of the Department of Labor. To calculate

the adjustment, the FDIC used the Department of

Labor, Bureau of Labor Statistics B All Urban

Consumers tables to get the CPI–U values.

(i) The name, mailing address, and

telephone number(s) of the person(s)

making the disclosure(s), and a time

when that person(s) can be safely

contacted by OSC;

(ii) The department or agency,

location and organizational unit

complained of; and

(iii) A statement as to whether the

filer consents to the disclosure of his or

her identity to the agency by OSC in

connection with any referral to the

appropriate agency.

Dated: October 25, 2000.

Elaine Kaplan,

Special Counsel.

[FR Doc. 00–27828 Filed 10–30–00; 8:45 am]

BILLING CODE 7405–01–P

FEDERAL DEPOSIT INSURANCE

CORPORATION

12 CFR Part 308

RIN 3064–AC45

Rules of Practice and Procedure

AGENCY: Federal Deposit Insurance

Corporation.

ACTION: Final rule.

SUMMARY: The Federal Civil Monetary

Penalty Inflation Adjustment Act of

1990 requires all federal agencies with

statutory authority to impose civil

money penalties (CMPs) to evaluate and

adjust those CMPs every four years. The

FDIC last adjusted its CMP statutes in

1996. The FDIC is issuing this final rule

to implement the required adjustments

to its CMP statutes.

EFFECTIVE DATE: October 31, 2000.

FOR FURTHER INFORMATION CONTACT: John

T. Mahshie, Counsel, (202) 898–3503,

Compliance and Enforcement Section,

Legal Division, 550 17th Street, NW,

Washington, DC 20429.

SUPPLEMENTARY INFORMATION:

I. Background

The Debt Collection Improvement Act

(DCIA) (Pub. L. 104–134) amended

section 4 of the Federal Civil Penalties

Inflation Adjustment Act of 1990

(Inflation Adjustment Act) (28 U.S.C.

2461 note), to require the head of each

Federal agency to enact regulations

within 180 days of the enactment of the

DCIA and at least once every four years

thereafter, that adjust each CMP

provided by law within the jurisdiction

of the agency (with the exception of

certain specifically listed statutes) by

the inflation adjustment formula set

forth in section 5(b) of the Inflation

Adjustment Act.

To satisfy the requirements of the

DCIA, the FDIC is amending those

sections of part 308 of its regulations

pertaining to its Rules of Practice and

Procedure which address CMPs. The

amount of each CMP which the FDIC

has jurisdiction to impose has been

increased according to the prescribed

formula. The penalties were last

adjusted in 1996. (61 FR 57987). Any

increase in penalty amounts under the

DCIA shall apply only to violations

which occur after the effective date of

the increase.

Summary of Calculation

The Inflation Adjustment Act requires

that each CMP amount be increased by

the ‘‘cost of living’’ adjustment, which

is defined as the percentage by which

the Consumer Price Index (CPI–U) 1 for

the month of June of the calendar year

preceding the adjustment exceeds the

CPI for the month of June of the

calendar year in which the amount of

the CMP was last set or adjusted

pursuant to law. Any increase is to be

rounded to the nearest multiple of $10

in the case of penalties less than or

equal to $100; multiple of $100 in the

case of penalties greater than $100 but

less than or equal to $1,000; multiple of

$1,000 in the case of penalties greater

than $1,000 but less than or equal to

$10,000; multiple of $5,000 in the case

of penalties greater than $10,000 but

less than or equal to $100,000; multiple

of $10,000 in the case of penalties

greater than $100,000 but less than or

equal to $200,000; and multiple of

$25,000 in the case of penalties greater

than $200,000. Under the DCIA, the first

adjustment may not exceed ten percent

of the current penalty amount.

Example

To explain the inflation adjustment

calculation for CMP amounts that were

last adjusted in 1996, we will use the

following example. Under 12 U.S.C.

1818(i), as adjusted under 12 CFR

308.132(c), the FDIC may impose a daily

maximum Tier Three CMP not to exceed

$1,100,000 for violating certain laws.

We first determine the appropriate

CPI–U. The statute requires the FDIC to

use the CPI–U for June of the calendar

year preceding the year of adjustment.

Because we are adjusting CMPs in 2000,

we use the CPI–U for June 1999, which

was 166.2. We must also determine the

CPI–U for June of the year the CMP was

last set by law or adjusted for inflation.

Because the FDIC last adjusted the

CMPs under 12 U.S.C. 1818 in 1996, we

use the CPI–U for June 1996, which was

156.7.

We next calculate the cost of living

adjustment or inflation factor. To do

this, we divide the CPI–U for June 1999

(166.2) by the CPI–U for June 1996

(156.7). The result is 1.061 (i.e., a 6.1

percent increase).

Third, we calculate the raw inflation

adjustment. To do this, multiply the

maximum penalty amounts by the

inflation factor. In our example,

$1,100,000 multiplied by the inflation

factor of 1.061 equals $1,167,100.

Fourth, we round the raw inflation

amounts according to the rounding rules

in section 5(a) of the Inflation

Adjustment Act. Since we round only

the increased amount, we calculate the

increased amount by subtracting the

current maximum penalty amounts from

the raw maximum inflation

adjustments. Accordingly, the increased

amount for the maximum penalty in our

example is $67,100 (i.e., $1,167,100 less

$1,100,000). Under the rounding rules,

if the penalty is greater than $200,000,

we round the increase to the nearest

multiple of $25,000. Therefore, the

maximum penalty increase for our

example is $75,000.

Fifth, we add the rounded increase to

the maximum penalty amount last set or

adjusted. In our example, $1,100,000

plus $75,000 yields a maximum

inflation adjusted penalty amount of

$1,175,000.

Summary of Adjustments

Under the Inflation Adjustment Act,

the FDIC must adjust for inflation the

civil monetary penalties in statutes that

it administers. The following chart

displays the adjusted civil money

penalty amounts for the enumerated

statues. The amounts in this chart apply

to violations that occur after October 31,

2000:

Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Rules and Regulations 64885

U.S. Code citation Current maximum

amount New maximum amount

12 U.S.C. 1817(a):

Tier One penalties ............................................................................................................ 2,000 2,200

Tier Two penalties ............................................................................................................ 22,000 22,000

Tier Three penalties ......................................................................................................... 1,100,000 1,175,000

12 U.S.C. 1817(c):

Tier One penalties ............................................................................................................ 2,000 2,200

Tier Two penalties ............................................................................................................ 22,000 22,000

Tier Three penalties 1,100,000 1,175,000.

12 U.S.C. 1817(j):

Tier One penalties ............................................................................................................ 5,500 5,500

Tier Two penalties ............................................................................................................ 27,500 27,500

Tier Three penalties ......................................................................................................... 1,100,000 1,175,000

12 U.S.C. 1818(i)(2):

Tier One penalties ............................................................................................................ 5,500 5,500

Tier Two penalties ............................................................................................................ 27,500 27,500

Tier Three penalties ......................................................................................................... 1,100,000 1,175,000

12 U.S.C. 1820(e)(4) 5,500 5,500

12 U.S.C. 1828(a)(3) 110 110

12 U.S.C. 1828(h) 110 110

12 U.S.C. 1829b(j) ................................................................................................................... 11,000 11,000

12 U.S.C. 1832(c) .................................................................................................................... 1,100 1,100

12 U.S.C. 1884 ........................................................................................................................ 110 110

12 U.S.C. 1972(2)(F):

Tier One penalties ............................................................................................................ 5,500 5,500

Tier Two penalties ............................................................................................................ 27,500 27,500

Tier Three penalties ......................................................................................................... 1,100,000 1,175,000

12 U.S.C. 3108(b):

Tier One penalties ............................................................................................................ 5,500 5,500

Tier Two penalties ............................................................................................................ 27,500 27,500

Tier Three penalties ......................................................................................................... 1,100,000 1,175,000

12 U.S.C. 3349(b):

Tier One penalties ............................................................................................................ 5,500 5,500

Tier Two penalties ............................................................................................................ 27,500 27,500

Tier Three penalties ......................................................................................................... 1,100,000 1,175,000

12 U.S.C. 3909(d) .................................................................................................................... 1,100 1,100

12 U.S.C. 4717(b):

Tier One penalties ............................................................................................................ 5,500 5,500

Tier Two penalties ............................................................................................................ 27,500 27,500

Tier Three penalties ......................................................................................................... 1,100,000 1,175,000

15 U.S.C. 78u–2 ...................................................................................................................... 5,500

55,000

55,000

110,000

275,000

550,000

5,500

60,000

60,000

120,000

300,000

575,000

31 U.S.C. 3802 ........................................................................................................................ 5,500 5,500

42 U.S.C. 4012a(f) ................................................................................................................... 350/105,000 350/115,000

II. Section-by-Section Analysis

Section 308.116(b)

Section 308.116(b) pertains to the

amount of any CMP that may be

assessed for violations of the Change in

Bank Control Act of 1978 (12 U.S.C.

1817(j)). This section has been amended

by increasing the Tier Three penalty

amount from $1,100,000 for each day

the violation continues to $1,175,000 for

each day the violation continues or, in

the case of a depository institution,

increasing the penalty from an amount

not to exceed the lesser of $1,100,000 or

one percent of the total assets of the

institution for each day the violation

continues to the lesser of $1,175,000 or

one percent of the total assets of the

institution for each day the violation

continues.

Section 308.132

Section 308.132 pertains to the

manner in which the FDIC assesses

CMPs. Paragraph (c)(2) of that section

pertains to the CMPs imposed pursuant

to section 7(a) of the Federal Deposit

Insurance Act (FDIA) (12 U.S.C. 1817(a))

for the late filing of a bank’s Reports of

Condition and Income (Call Reports) or

for the submission of false or misleading

Call Reports or information. Paragraph

(c)(2)(i) has been amended to reflect the

increase in the Tier One penalty amount

from a maximum of $2,000 per day to

$2,200 per day for each day the failure

to file continues. Paragraph (c)(ii)(3)(C)

has been amended to increase the Tier

Three penalty amount from a maximum

of the lesser of $1,100,000 or one

percent of the total assets of the

institution for each day the violation

continues to a maximum of the lesser of

$1,175,000 or one percent of the total

assets of the institution for each day the

violation continues.

Paragraph (c)(2)(iii) pertains to

penalties for the submission of false or

misleading Call Reports or information.

Paragraph (c)(2)(iii)(A) of that section

has been amended to reflect the increase

in Tier One penalty amounts from a

maximum of $2,000 per day for each

day the information is not corrected to

a maximum of $2,200 per day for each

day the information is not corrected.

Paragraph (c)(2)(iii)(C) of that section

reflects the increase in Tier Three

penalties from an amount not to exceed

the lesser of $1,100,000 or one percent

of the total assets of the institution for

each day the information is not

64886 Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Rules and Regulations

corrected to an amount not to exceed

the lesser of $1,175,000 or one percent

of the total assets of such institution for

each day the information is not

corrected. No change has been made to

Tier Two penalty amounts by the DCIA.

Paragraph (c)(3)(i) sets forth the

increases for CMPs assessed pursuant to

section 8(i)(2) of the FDIA (12 U.S.C.

1818(i)(2)). A Tier Three CMP which

may be assessed pursuant to section

8(i)(2)(C) (12 U.S.C. 1818(i)(2)(C)) will

increase from an amount not to exceed,

in the case of any person other than an

insured depository institution

$1,100,000 or, in the case of any insured

depository institution, the amount will

increase from an amount not to exceed

the lesser of $1,100,000 or one percent

of the total assets of such institution for

each day during which the violation,

practice, or breach continues to an

amount not to exceed the lesser of

$1,175,000 or one percent of the total

assets of such institution for each day

during which the violation, practice, or

breach continues.

Paragraph (c)(3)(i)( A) of § 308.132

lists a number of statutes which provide

jurisdiction to the FDIC to assess CMPs

under section 8(i)(2) of the FDIA for

violation thereof, including, the Home

Mortgage Disclosure Act (12 U.S.C. 2804

et seq.) and implementing Regulation C

(12 CFR 203.6), the Expedited Funds

Availability Act (12 U.S.C. 4001 et seq.),

the Truth in Savings Act (12 U.S.C. 4301

et seq.), the Real Estate Settlement

Procedures Act (12 U.S.C. 2601 et seq.)

and implementing Regulation X (24 CFR

Part 3500), the Truth in Lending Act (15

U.S.C. 1601 et seq.), the Fair Credit

Reporting Act (15 U.S.C. 1681 et seq.),

the Equal Credit Opportunity Act (15

U.S.C. 1691 et seq.), the Fair Debt

Collection Practices Act (15 U.S.C. 1692

et seq.), the Electronic Funds Transfer

Act (15 U.S.C. 1693 et seq.), and the Fair

Housing Act (42 U.S.C. 3601 et seq.).

Increases in the amount of any CMP

which the FDIC may assess for

violations of those statutes are the same

as the increases for section 8(i)(2)

penalties. Therefore, for the foregoing

statutes, as in section 8(i)(2), only the

Tier Three penalty amounts will

increase.

Paragraph (c)(3)(ii) of § 308.132

reflects the increases in CMP amounts

that may be assessed pursuant to section

7(c) of the FDIA for late filing or the

submission of false or misleading

certified statements. A Tier One CMP

pursuant to section 7(c)(4)(A) of the

FDIA (12 U.S.C. 1817(c)(4)(A)) will

increase from an amount not to exceed

$2,000 per day to an amount not to

exceed $2,200 for each day during

which the failure to file continues or the

false or misleading information is not

corrected. A Tier Three CMP which may

be assessed pursuant to section

7(c)(4)(C) of the FDIA (12 U.S.C.

1817(c)(4)(B)) will increase from an

amount not to exceed the lesser of

$1,100,000 or one percent of the total

assets of the institution for each day

during which the failure to file

continues or the false or misleading

information is not corrected to an

amount not to exceed the lesser of

$1,175,000 or one percent of the total

assets of the institution for each day

during which the failure to file

continues or the false or misleading

information is not corrected. Tier Two

penalties remain the same.

Paragraph (c)(3)(ix) of § 308.132 sets

forth the increases in the CMP amounts

that may be assessed pursuant to the

Bank Holding Company Act of 1970 (12

U.S.C. 1841 et seq.) for prohibited tying

arrangements. A Tier Three CMP which

may be assessed pursuant to 12 U.S.C.

1972(2)(F)(iii) will increase from an

amount not to exceed, in the case of any

person other than an insured depository

institution $1,100,000 for each day

during which the violation, practice, or

breach continues to an amount not to

exceed $1,175,000 for each day during

which the violation, practice, or breach

continues. In the case of any insured

depository institution, Tier Three

penalties will increase from an amount

not to exceed the lesser of $1,100,000 or

one percent of the total assets of such

institution for each day during which

the violation, practice, or breach

continues to an amount not to exceed

the lesser of $1,175,000 or one percent

of the total assets of such institution for

each day during which the violation,

practice, or breach continues. Tier One

and Tier Two penalties remain the

same.

Paragraph (c)(3)(x) of § 308.132

indicates that pursuant to the

International Banking Act of 1978 (IBA)

(12 U.S.C. 3108(b)), a CMP may be

assessed for failure to comply with the

requirements of the IBA pursuant to

section 8(i)(2) of the FDIA (12 U.S.C.

1818(i)(2)). Such CMP will increase in

the amounts set forth in paragraph

(c)(3)(i) of § 308.132 which contains the

increases for section 8(i)(2).

Paragraph (c)(3)(xi) of § 308.132 sets

forth the increase in CMP that may be

assessed pursuant to section 8(i)(2) of

the FDIA (12 U.S.C. 1818(i)(2)), as made

applicable by 12 U.S.C. 3349(b), where

a financial institution seeks, obtains, or

gives any other thing of value in

exchange for the performance of an

appraisal by a person that the institution

knows is not a state certified or licensed

appraiser in connection with a federally

related transaction. Such CMP amounts

will increase in the amounts set forth in

paragraph (c)(3)(i) of § 308.132 which

contains the increases for section 8(i)(2).

Paragraph (c)(3)(xiii) of § 308.132

indicates that pursuant to the

Community Development Banking and

Financial Institution Act (Community

Development Banking Act) (12 U.S.C.

4717(b)) a CMP may be assessed for

violations of the Community

Development Banking Act pursuant to

section 8(i)(2) of the FDIA (12 U.S.C.

1818(i)(2)). Such CMP amounts will

increase in the amounts set forth in

paragraph (c)(3)(i) of § 308.132 which

contains the increases for section 8(i)(2).

Paragraph (c)(3)(xiv) of § 308.132 sets

forth that pursuant to section 21B of the

Securities Exchange Act of 1934

(Exchange Act) (15 U.S.C. 78u–2), CMPs

may be assessed for violations of certain

provisions of the Exchange Act, where

such penalties are in the public interest.

The Tier One CMP amounts which may

be assessed pursuant to 15 U.S.C. 78u–

2(b)(1) will increase from an amount not

to exceed $5,500 for a natural person or

$55,000 for any other person for

violations set forth in 15 U.S.C. 78u–

2(a), to $5,500 for a natural person or

$60,000 for any other person. The Tier

Two CMP which may be assessed

pursuant to 15 U.S.C. 78u–2(b)(2) for

each violation set forth in 15 U.S.C.

78u–2(a) will increase from an amount

not to exceed $55,000 for a natural

person to $275,000 for any other person

to an amount not to exceed $60,000 for

a natural person or $300,000 for any

other person if the act or omission

involved fraud, deceit, manipulation, or

deliberate or reckless disregard of a

regulatory requirement. The Tier Three

CMP which may be assessed pursuant to

15 U.S.C. 78u–2(b)(3) for each violation

set forth in 15 U.S.C. 78u–2(a), in an

amount not to exceed $110,000 for a

natural person or $550,000 for any other

person, if the act or omission involved

fraud, deceit, manipulation, or

deliberate or reckless disregard of a

regulatory requirement; and such act or

omission directly or indirectly resulted

in substantial losses, or created a

significant risk of substantial losses to

other persons or resulted in substantial

pecuniary gain to the person who

committed the act or omission to an

amount not to exceed $120,000 for a

natural person or $575,000 for any other

person.

Paragraph (c)(3)(xvi) of § 308.132 sets

forth the CMP that may be assessed

pursuant to the Flood Disaster

Protection Act (FDPA)(42 U.S.C.

4012a(f)) against any regulated lending

institution that engages in a pattern or

practice of violations of the FDPA. The

Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Rules and Regulations 64887

2 12 U.S.C. 4802. 3 5 U.S.C. 603.

amount of the penalty for each violation

will remain at $350; however, the

annual amount which may be assessed

will increase from an amount not to

exceed a total of $105,000 annually to

an amount not to exceed a total of

$115,000 annually.

III. Exemption From Public Notice and

Comment

Because the law requires the FDIC to

amend its rules, provides the specific

adjustments to be made and leaves the

FDIC no discretion in calculating the

amount of those adjustments, the

changes are ministerial, technical and

noncontroversial, and the law requires

that the regulation implementing the

adjustments be published in the Federal

Register within 180 days of enactment

of the DCIA, the FDIC has determined

for good cause that public notice and

comment is unnecessary and

impracticable under the APA (5 U.S.C.

553(b)(3)(B)), and that the rule should

be published in final form.

IV. Effective Date

For the same reasons that the FDIC for

good cause has determined that public

notice and comment is unnecessary,

impractical and contrary to the public

interest, the FDIC finds that it has good

cause to adopt an effective date that is

less than 30 days after the date of

publication in the Federal Register

pursuant to the APA (5 U.S.C. 553(d)),

and therefore, the regulation is effective

upon publication. Moreover, section 302

of the Riegle Community Development

and Regulatory Improvement Act of

1994 2 states that a final rule imposing

new requirements must take effect on

the first day of a calendar quarter

following its publication. That section

provides, however, that an agency may

determine that the rule should take

effect earlier upon a finding of good

cause.

Under the statute, agencies must make

the required CMP inflation adjustments:

(1) According to the formula in the

statute; and (2) within four years of the

last inflation adjustment, or by October

31, 2000. Agencies have no discretion as

to the amount or timing of the

adjustment. The regulation is

ministerial, technical, and

noncontroversial. Accordingly, the FDIC

believes that notice and comment are

unnecessary. For these same reasons,

the FDIC believes that there is good

cause to make this rule effective

immediately upon publication.

V. Regulatory Flexibility Act

An initial regulatory flexibility

analysis under the Regulatory

Flexibility Act (RFA) is required only

when an agency must publish a general

notice of proposed rulemaking.3 As

already noted, the FDIC has determined

that publication of a notice of proposed

rulemaking is not necessary for this

final rule. Accordingly, the RFA does

not require an initial regulatory

flexibility analysis. Nevertheless, the

FDIC has considered the likely impact

of the rule on small entities and believes

that the rule will not have a significant

impact on a substantial number of small

entities.

VI. Small Business Regulatory

Enforcement Fairness Act

The Small Business Regulatory

Enforcement Fairness Act of 1996

(SBREFA) (Public Law 104–121)

provides generally for agencies to report

rules to Congress and for Congress to

review such rules. The reporting

requirement is triggered in instances

where the FDIC issues a final rule as

defined by the Administrative

Procedures Act (APA) at 5 U.S.C. 551.

Because the FDIC is issuing a final rule

as defined by the APA, the FDIC will

file the reports required by the SBREFA.

The Office of Management and Budget

has determined that this final revision

to part 308 does not constitute a

‘‘major’’ rule as defined by the statute.

VII. The Treasury and General

Government Appropriations Act, 1999

Assessment of Federal Regulations and

Policies on Families

The FDIC has determined that this

final rule will not affect family wellbeing within the meaning of section 654

of the Treasury and General

Government Appropriations Act, 1999,

Pub. L. 105–277, 112 Stat. 2681 (1998).

VIII. Paperwork Reduction Act

No collection of information pursuant

to section 3504(h) of the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.) is contained in this rule.

Consequently, no information has been

submitted to the Office of Management

and Budget for review.

IX. Authority for the Regulation

This regulation is authorized by the

FDIC’s general rulemaking authority and

pursuant to its fundamental

responsibilities to ensure the safety and

soundness of insured depository

institutions. Specifically, 12 U.S.C.

1819(a) Tenth provides the FDIC with

general authority to issue such rules and

regulations as it deems necessary to

carry out the statutory mandates of the

Federal Deposit Insurance Act and other

laws that the FDIC is charged with

administering or enforcing.

List of Subjects in 12 CFR Part 308

Administrative practice and

procedure, Banks, banking, Claims,

Crime, Equal access to justice, Ex parte

communications, Fraud, Hearing

procedure, Lawyers, Penalties, State

nonmember banks.

For the reasons set out in the

preamble, part 308 of chapter III of title

12 of the Code of Federal Regulations is

amended as set forth below.

PART 308—RULES OF PRACTICE AND

PROCEDURE

1. The authority citation continues to

read as follows:

Authority: 5 U.S.C. 504, 554–557; 12

U.S.C. 93(b), 164, 505, 1815(e), 1817, 1818,

1820, 1828, 1829, 1829b, 1831i, 1831o,

1831p–1, 1832(c), 1884(b), 1972, 3102,

3108(a), 3349, 3909, 4717; 15 U.S.C. 78(h)

and (i), 78o–4(c), 78o–5, 78q–1, 78s, 78u,

78u–2, 78u–3 and 78w; 28 U.S.C. 2461 note;

31 U.S.C. 330, 5321; 42 U.S.C. 4012a; sec.

31001(s), Pub. L. 104–134, 110 Stat. 1321–

358.

§ 308.116 [Amended]

2. In § 308.116, amend paragraphs

(b)(4)(iii)(A) and (b)(4)(iii)(B) by

removing $1,100,000 and adding

$1,175,000 in its place.

§ 308.132 [Amended]

3. In § 308.132, amend:

a. Paragraphs (c)(2)(i), (c)(2)(iii)(A),

and (c)(3)(ii) by removing $2,000 and

adding $2,200 in its place.

b. Paragraphs (c)(2)(iii)(C), (c)(3)(i),

and (c)(3)(ix) by removing $1,100,000

and adding $1,175,000 in its place each

time it appears.

c. Paragraph (c)(3)(xiv) by removing

$55,000 and adding in its place $60,000

each time it appears; by removing

$110,000 and adding in its place

$120,000; by removing $275,000 and

adding in its place $300,000; and by

removing $550,000 and adding in its

place $575,000.

d. Paragraph (c)(3)(xvi) by removing

$105,000 and adding in its place

$115,000.

Dated at Washington, D.C., this 17th day of

October, 2000.

By order of the Board of Directors.

Federal Deposit Insurance Corporation.

Robert E. Feldman,

Executive Secretary.

[FR Doc. 00–27864 Filed 10–30–00; 8:45 am]

BILLING CODE 6714–01–P