17052 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 

Dated: March 20, 2012. 

Aimee Hessert, 

Deputy Director, NEPA Compliance Division, 

Office of Federal Activities. 

[FR Doc. 2012–7031 Filed 3–22–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2011–0038; FRL–9339–2] 

Environmental Protection Agency, 

Department of Health and Human 

Services and Department of 

Agriculture; Memorandum of 

Understanding Regarding Genetically 

Engineered Plants; Clarification and 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; clarification and 

correction. 

SUMMARY: EPA issued a notice in the 

Federal Register of February 1, 2012, 

concerning a Memorandum of 

Understanding between the 

Environmental Protection Agency, 

Department of Health and Human 

Services and the Department of 

Agriculture regarding genetically 

engineered plants. This document is 

being issued to clarify and correct the 

notice announcing the Memorandum of 

Understanding. 

FOR FURTHER INFORMATION CONTACT: 

Mario Steadman, Information 

Technology and Resources Management 

Division (7502P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (703) 305–8338, 

steadman.mario@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

The Agency included in the notice a 

list of those who may be potentially 

affected by this action. If you have 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How can I get copies of this document 

and other related information? 

EPA has established a docket for this 

action under docket identification (ID) 

number EPA–HQ–OPP–2011–0038. 

Publicly available docket materials are 

available either in the electronic docket 

at http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. The hours of 

operation of this Docket Facility are 

from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

II. What does this correction do? 

In the SUMMARY of the notice 

published on February 1, 2012, (77 FR 

5012) (FRL–9328–7), announcing the 

Memorandum of Understanding, it was 

stated that the Department of Health and 

Human Services’ Centers for Disease 

Control and Prevention and the Food 

and Drug Administration would 

perform work for EPA’s Office of 

Pesticide Programs. However, under the 

Memorandum of Understanding neither 

the Centers for Disease Control and 

Prevention nor the Food and Drug 

Administration will perform any work 

for OPP; therefore EPA is correcting the 

SUMMARY to the notice announcing the 

Memorandum of Understanding. 

FR Doc. 2012–2198, published in the 

Federal Register of February 1, 2012, at 

page 5012 is corrected as follows: 

On page 5012, in the third column, in 

EPA document ‘‘EPA–HQ–OPP–2011– 

0038,’’ the SUMMARY for the 

Memorandum of Understanding is 

corrected to read: SUMMARY: This notice 

announces that pesticide-related 

information submitted to EPA’s Office 

of Pesticide Programs (OPP) pursuant to 

the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) and the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), including information that 

may have been claimed as Confidential 

Business Information (CBI) by 

submitters in accordance with 40 CFR 

2.309(c) and 2.308(h)(2) will be shared 

with the Department of Health and 

Human Services (HHS) and the U.S. 

Department of Agriculture (USDA). The 

Memorandum of Understanding (MOU) 

will support and encourage cooperation 

and communication between USDA, 

HHS’ Food and Drug Administration 

and Centers for Disease Control and 

Prevention, and EPA in the regulatory 

oversight over genetically engineered 

plants and the foods derived from such 

plants. Under the MOU, USDA’s Office 

of Animal and Plant Health Inspection 

Service/Biotechnology Regulatory 

Services (APHIS/BRS) and EPA agree to 

share with each other information about 

genetically engineered plants and the 

foods derived from such plants, 

including non-public information 

exempt from public disclosure usually 

referred to as ‘‘confidential business 

information’’ and/or ‘‘trade secrets.’’ 

List of Subjects 

Environmental protection, 

Confidential business information, 

Interagency agreements, Memorandum 

of Understanding, Pesticides and pests. 

Dated: March 8, 2012. 

Michael Hardy, 

Acting Director, Information Technology and 

Resources Management Division, Office of 

Pesticide Programs. 

[FR Doc. 2012–6926 Filed 3–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2005–0231; FRL–9342–6] 

Metaldehyde; Notice of Receipt of 

Request To Voluntarily Amend a 

Registration To Terminate Certain 

Uses 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In accordance with section 

6(f)(1) of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended, EPA is issuing a 

notice of receipt of a request by the 

registrant to voluntarily amend its 

metaldehyde product registration to 

terminate or delete one or more uses. 

The request would delete metaldehyde 

use in or on all but the following sites: 

Artichokes, blueberries, caneberries 

(bingleberry, black raspberry, 

blackberry, boysenberry, dewberry, 

lowberry, marionberry, olallieberry, red 

raspberry, youngberry) and other berries 

(currant, elderberry, gooseberry, 

huckleberry, loganberry, lingonberry, 

juneberry, salal), citrus, lettuce, cole 

crops and other leafy greens (broccoli, 

Brussels sprouts, cabbage, cauliflower, 

cavalo, broccolo, collards, kale, 

kohlrabi, mizuna, mustard greens, 

mustard spinach, rape greens), grass 

grown for seed, ornamentals, prickly 

pear cactus, tomato, strawberry, 

watercress, and use sites with directions 

for use in state and/or Federal invasive 

mollusk eradication operations. The 

request would not terminate the last 

metaldehyde product registered for use 

in the United States. EPA intends to 

grant this request at the close of the 

comment period for this announcement 

unless the Agency receives substantive 

comments within the comment period 

that would merit its further review of 

the request, or unless the registrant 

withdraws its request. If this request is 

granted, any sale, distribution, or use of 

products listed in this notice will be 

permitted after the uses are terminated 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 17053 

only if such sale, distribution, or use is 

consistent with the terms as described 

in the final order. 

DATES: Comments must be received on 

or before September 19, 2012. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2005–0231, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2005– 

0231. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or 

email. The regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: Jill 

Bloom, Pesticide Re-evaluation Division 

(7508P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8019; fax number: (703) 308– 

7070; email address: bloom.jill@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action is directed to the public 

in general, and may be of interest to a 

wide range of stakeholders including 

environmental, human health, and 

agricultural advocates; the chemical 

industry; pesticide users; and members 

of the public interested in the sale, 

distribution, or use of pesticides. Since 

others also may be interested, the 

Agency has not attempted to describe all 

the specific entities that may be affected 

by this action. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations part or 

section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background on the Receipt of the 

Request To Amend the Registration To 

Terminate Uses 

This notice announces receipt by EPA 

of a request from Lonza, Inc., to amend 

its metaldehyde product registration to 

terminate certain uses. Metaladehyde is 

a molluscide used to kill snail and slug 

pests of various food, seed, and 

ornamental plants. Lonza holds the sole 

registration for a metaldehyde 

manufacturing-use product. The Agency 

determined in 2006 that some uses of 

metaldehyde were not eligible for 

reregistration. In correspondence dated 

February 23, 2012, Lonza requested that 

EPA amend the registration of its 

metaldehyde manufacturing-use 

product to terminate certain uses. The 

subject pesticide product registration is 

identified in Table 1 of Unit III. Because 

the current metaldehyde manufacturinguse product label lists only broad 

categories of permitted use sites (e.g., 

terrestrial food crops, outdoor 

noncommercial homeowner uses), it is 

not feasible to reference specific use 

sites that will be deleted. The request by 

Lonza is for an amendment that 


srobinson on DSK4SPTVN1PROD with NOTICES
17054 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 

terminates all uses except a subset that 

has been determined to be eligible for 

reregistration. The excepted uses are 

artichokes, blueberries, caneberries 

(bingleberry, black raspberry, 

blackberry, boysenberry, dewberry, 

lowberry, marionberry, olallieberry, red 

raspberry, youngberry) and other berries 

(currant, elderberry, gooseberry, 

huckleberry, loganberry, lingonberry, 

juneberry, salal), citrus, lettuce, cole 

crops and other leafy greens (broccoli, 

Brussels sprouts, cabbage, cauliflower, 

cavalo, broccolo, collards, kale, 

kohlrabi, mizuna, mustard greens, 

mustard spinach, rape greens), grass 

grown for seed, ornamentals, prickly 

pear cactus, tomato, strawberry, 

watercress, and use sites with directions 

for use in state and/or Federal invasive 

mollusk eradication operations. Lonza 

has requested that it be allowed to sell 

existing stocks of its product as 

currently labeled for 18 months after the 

use terminations become effective, and 

that other registrants be permitted to use 

existing stocks until those stocks are 

exhausted. The registrant’s request will 

not terminate the last metaldehyde 

products registered in the United States. 

Other registrants who formulate Lonza’s 

metaldehyde manufacturing-use 

product into end-use products have 

submitted new labels that conform to 

the Reregistration Eligibility Decision. 

Coupled with the actions of the 

formulators, the request by Lonza would 

terminate the last metaldehyde pesticide 

products registered in the United States 

for all but the specific uses cited in this 

notice. 

III. What action is the agency taking? 

This notice announces receipt by EPA 

of a request from a registrant to amend 

its metaldehyde product registration to 

terminate certain uses. The affected 

product and the registrant making the 

request are identified in Tables 1 and 2 

of this unit. 

Unless the request is withdrawn by 

the registrant or the Agency determines 

that there are substantive comments that 

warrant further review of this request, 

EPA intends to issue an order amending 

the affected registration. 

TABLE 1—METALDEHYDE PRODUCT REGISTRATION SUBJECT TO THE PENDING REQUEST FOR AMENDMENT

Registration No. Product name Company 

6836–107 .................................................. Lonza Meta Metaldehyde Technical Molluscicide ..................................................... Lonza, Inc. 

Table 2 of this unit shows the name 

and address of record for the registrant 

of the product listed in Table 1 of this 

unit. 

TABLE 2—REGISTRANT REQUESTING VOLUNTARY AMENDMENT

EPA company No. Company name and address 

6836 .......................................................................................................... Lonza, Inc., 90 Boroline Road, Allendale, NJ 07401 

IV. What is the agency’s authority for 

taking this action? 

Section 6(f)(1) of FIFRA provides that 

a registrant of a pesticide product may 

at any time request that any of its 

pesticide registrations be canceled or 

amended to terminate one or more uses. 

FIFRA further provides that, before 

acting on the request, EPA must publish 

a notice of receipt of any such request 

in the Federal Register. 

Section 6(f)(1)(B) of FIFRA requires 

that before acting on a request for 

voluntary cancellation, EPA must 

provide a 30-day public comment 

period on the request for voluntary 

cancellation or use termination. In 

addition, FIFRA section 6(f)(1)(C) 

requires that EPA provide a 180-day 

comment period on a request for 

voluntary cancellation or termination of 

any minor agricultural use before 

granting the request, unless: 

1. The registrants request a waiver of 

the comment period, or 

2. The EPA Administrator determines 

that continued use of the pesticide 

would pose an unreasonable adverse 

effect on the environment. 

The metaldehyde registrant has not 

requested that EPA waive the 180-day 

comment period. Accordingly, EPA will 

provide a 180-day comment period on 

the request. 

V. Procedures for Withdrawal of 

Requests 

Registrants who choose to withdraw a 

request for product cancellation or use 

deletion should submit the withdrawal 

in writing to the person listed under FOR

FURTHER INFORMATION CONTACT. If the 

products have been subject to a previous 

cancellation action, the effective date of 

cancellation and all other provisions of 

any earlier cancellation action are 

controlling. 

VI. Provisions for Disposition of 

Existing Stocks 

Existing stocks are those stocks of 

registered pesticide products that are 

currently in the United States and that 

were packaged, labeled, and released for 

shipment prior to the effective date of 

the action. If the request for the 

amendment to terminate uses is granted, 

the Agency intends to publish the use 

termination order in the Federal 

Register. 

In any order issued in response to this 

request for an amendment to terminate 

uses, EPA proposes to include the 

following provisions for the treatment of 

any existing stocks of the product listed 

in Table 1 of Unit III. 

Once EPA has approved the product 

label reflecting the requested 

amendments to terminate uses, the 

registrant will be permitted to sell or 

distribute the product under the 

previously approved labeling for a 

period of 18 months after the date of 

Federal Register publication of the use 

termination order, unless other 

restrictions have been imposed. 

Thereafter, the registrant will be 

prohibited from selling or distributing 

the product identified in Table 1 of Unit 

III. with labels which include the 

deleted uses, except for export 

consistent with FIFRA section 17 or for 

proper disposal. 

Persons other than the registrant may 

sell, distribute, or use existing stocks of 

the product with labels which include 

the deleted uses until supplies are 

exhausted, provided that such sale, 

distribution, or use is consistent with 

the terms of the previously approved 

labeling on, or that accompanied, the 

deleted uses. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 17055 

Dated: March 15, 2012. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2012–7078 Filed 3–22–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Sunshine Act Meeting; Deletion of 

Agenda Items From March 21, 2012 

Open Meeting 

March 20, 2012. 

The following items have been 

deleted from the list of Agenda items 

scheduled for consideration at the 

Wednesday, March 21, 2012, Open 

Meeting and previously listed in the 

Commission’s Notice of March 14, 2012. 

These items have been adopted by the 

Commission. 

Item Nos. Bureau Subject 

1 .............. Media ............................... Title: Revision of the Commission’s Program Access Rules; News Corporation and The DIRECTV 

Group, Inc., Transferors, and Liberty Media Corporation, Transferee, for Authority to Transfer Control 

(MB Docket No. 07–18) and Applications for Consent to the Assignment and/or Transfer of Control of 

Licenses, Adelphia Communications Corporation (and subsidiaries, debtors-in-possession), Assignors, to Time Warner Cable Inc. (subsidiaries), Assignees, et al. (MB Docket No. 05–192) 

Summary: The Commission will consider a Notice of Proposed Rulemaking exploring whether to retain, 

sunset, or relax the exclusive contract prohibition of the program access rules and whether to revise 

the program access rules to better address alleged violations. 

2 .............. Media ............................... Title: Creation of a Low Power Radio Service (MM Docket No. 99–25) and Amendment of Service and 

Eligibility Rules for FM Broadcast Translator Stations (MB Docket No. 07–172, RM–11338) 

Summary: The Commission will consider a Fourth Report and Order and Third Order on Reconsideration to implement a market-specific FM translator processing scheme, adopt application caps to prevent trafficking, and modify policies to expand opportunities to rebroadcast AM stations on FM translators. 

3 .............. Media ............................... Title: Creation of a Low Power Radio Service (MM Docket No. 99–25) 

Summary: The Commission will consider a Fifth Report and Order, Fourth Further Notice of Proposed 

Rulemaking and Fourth Order on Reconsideration regarding proposals to implement the Local Community Radio Act and to strengthen the LPFM service, including second adjacent channel waiver procedures, interference remediation requirements, and modification of eligibility, ownership, and selection standards. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, Office of the Secretary, Office of 

Managing Director. 

[FR Doc. 2012–7265 Filed 3–21–12; 4:15 pm] 

BILLING CODE 6712–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Intra-Agency Appeal Process: 

Guidelines for Appeals of Material 

Supervisory Determinations and 

Guidelines for Appeals of Deposit 

Insurance Assessment Determinations 

AGENCY: Federal Deposit Insurance 

Corporation. 

ACTION: Notice of Guidelines. 

SUMMARY: On March 20, 2012, the 

Federal Deposit Insurance Corporation 

(‘‘FDIC’’) Board of Directors (‘‘Board’’) 

adopted revised Guidelines for Appeals 

of Material Supervisory Determinations 

(‘‘SARC Guidelines’’) and also adopted 

revised Guidelines for Appeals of 

Deposit Insurance Assessment 

Determinations (‘‘AAC Guidelines’’). 

These revisions are technical and 

ministerial and were made to reflect 

changes in the organization of the 

FDIC’s Board, of its offices and 

divisions, and in the categories of 

institutions that it supervises. In 

addition, both guidelines have been 

amended to effect limited and minor 

language changes. 

DATES: The revised SARC Guidelines 

and the revised AAC Guidelines became 

effective on March 20, 2012. 

For Further Information Concerning 

the SARC Guidelines Contact: Serena L. 

Owens, Associate Director, Division of 

Risk Management Supervision, (202) 

898–8996; Dianne Dixon, Associate 

Director, Division of Depositor and 

Consumer Protection, (202) 898–6568; 

Catherine Needham, Chief, Institution 

Monitoring, Office of Complex Financial 

Institutions, (917) 320–2721; Jeannette 

E. Roach, Counsel, Legal Division, (202) 

898–3785, Federal Deposit Insurance 

Corporation, 550 17th Street NW., 

Washington, DC 20429. 

For Further Information Concerning 

the AAC Guidelines Contact: Serena L. 

Owens, Associate Director, Division of 

Risk Management Supervision, (202) 

898–8996; Dianne Dixon, Associate 

Director, Division of Depositor and 

Consumer Protection, (202) 898–6568; 

Catherine Needham, Chief, Institution 

Monitoring, Office of Complex Financial 

Institutions, (917) 320–2721; 

Christopher Bellotto, Counsel, Legal 

Division, (202) 898–3801, Federal 

Deposit Insurance Corporation, 550 17th 

Street NW., Washington, DC 20429. 

SUPPLEMENTARY INFORMATION: 

Background 

1. Guidelines for Appeals of Material 

Supervisory Determinations 

Section 309(a) of the Riegle 

Community Development and 

Regulatory Improvement Act of 1994 

(Public Law No. 103–325, 108 Stat. 

2160) (‘‘Riegle Act’’) required the FDIC 

(as well as the other Federal banking 

agencies and the National Credit Union 

Administration Board) to establish an 

independent intra-agency appellate 

process to review material supervisory 

determinations. 

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. In the appeals process, 

the FDIC is required to ensure that (1) 

an appeal of a material supervisory 

determination by an insured depository 

institution is heard and decided 

expeditiously; and (2) appropriate 

safeguards exist for protecting 

appellants from retaliation by agency 

examiners. 

On March 21, 1995, the FDIC’s Board 

of Directors adopted the original 

Guidelines for Appeals of Material 

Supervisory Determinations, which 

established procedures governing the 

SARC, whose purpose was to consider 


srobinson on DSK4SPTVN1PROD with NOTICES