Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Notices 54827 

may also require that FDIC staff 

participate as the SARC deems 

appropriate. 

L. Dismissal and Withdrawal 

An appeal may be dismissed by the 

SARC if it is not timely filed, if the basis 

for the appeal is not discernable from 

the appeal, or if the institution moves to 

withdraw the appeal. 

M. Scope of Review and Decision 

The SARC will review the appeal for 

consistency with the policies, practices 

and mission of the FDIC and the overall 

reasonableness of and the support 

offered for the positions advanced, and 

notify the institution, in writing, of its 

decision concerning the disputed 

material supervisory determination(s) 

within 60 days from the date the appeal 

is filed, or within 60 days from oral 

presentation, if held. SARC review will 

be limited to the facts and 

circumstances as they existed prior to or 

at the time the material supervisory 

determination was made, even if later 

discovered, and no consideration will 

be given to any facts or circumstances 

that occur or corrective action taken 

after the determination was made. The 

SARC may reconsider its decision only 

on a showing of an intervening change 

in the controlling law or the availability 

of material evidence not reasonably 

available when the decision was issued. 

N. Publication of Decisions 

SARC decisions will be published, 

and the published SARC decisions will 

be redacted to avoid disclosure of 

exempt information. In cases where 

redaction is deemed to be insufficient to 

prevent improper disclosure, published 

decisions may be presented in summary 

form. Published SARC decisions may be 

cited as precedent in appeals to the 

SARC. 

O. SARC Guidelines Generally 

Appeals to the SARC will be governed 

by these guidelines. The SARC will 

retain the discretion to waive any 

provision of the guidelines for good 

cause; the SARC may adopt 

supplemental rules governing SARC 

operations; the SARC may order that 

material be kept confidential; and the 

SARC may consolidate similar appeals. 

P. Limitation on Agency Ombudsman 

The subject matter of a material 

supervisory determination for which 

either an appeal to the SARC has been 

filed or a final SARC decision issued is 

not eligible for consideration by the 

Ombudsman. 

Q. Coordination With State Regulatory 

Authorities 

In the event that a material 

supervisory determination subject to a 

request for review is the joint product of 

the FDIC and a State regulatory 

authority, the Director, Division of 

Supervision and Consumer Protection, 

will promptly notify the appropriate 

State regulatory authority of the request, 

provide the regulatory authority with a 

copy of the institution’s request for 

review and any other related materials, 

and solicit the regulatory authority’s 

views regarding the merits of the request 

before making a determination. In the 

event that an appeal is subsequently 

filed with the SARC, the SARC will 

notify the institution and the State 

regulatory authority of its decision. 

Once the SARC has issued its 

determination, any other issues that 

may remain between the institution and 

the State authority will be left to those 

parties to resolve. 

R. Effect on Supervisory or Enforcement 

Actions 

The use of the procedures set forth in 

these guidelines by any institution will 

not affect, delay, or impede any formal 

or informal supervisory or enforcement 

action in progress or affect the FDIC’s 

authority to take any supervisory or 

enforcement action against that 

institution. 

S. Effect on Applications or Requests for 

Approval 

Any application or request for 

approval made to the FDIC by an 

institution that has appealed a material 

supervisory determination which relates 

to or could affect the approval of the 

application or request will not be 

considered until a final decision 

concerning the appeal is made unless 

otherwise requested by the institution. 

T. Prohibition on Examiner Retaliation 

The FDIC has an experienced 

examination workforce and is proud of 

its professionalism and dedication. 

FDIC policy prohibits any retaliation, 

abuse, or retribution by an agency 

examiner or any FDIC personnel against 

an institution. Such behavior against an 

institution that appeals a material 

supervisory determination constitutes 

unprofessional conduct and will subject 

the examiner or other personnel to 

appropriate disciplinary or remedial 

action. Institutions that believe they 

have been retaliated against are 

encouraged to contact the Regional 

Director for the appropriate FDIC region. 

Any institution that believes or has any 

evidence that it has been subject to 

retaliation may file a complaint with the 

Director, Office of the Ombudsman, 

Federal Deposit Insurance Corporation, 

550 17th Street, Washington, DC 20429, 

explaining the circumstances and the 

basis for such belief or evidence and 

requesting that the complaint be 

investigated and appropriate 

disciplinary or remedial action taken. 

The Office of the Ombudsman will work 

with the Division of Supervision and 

Consumer Protection to resolve the 

allegation of retaliation. 

For the reasons stated in the 

Preamble, the Board has adopted the 

Guidelines for Appeals of Material 

Supervisory Determinations as set forth 

above 

By Order of the Board of Directors. 

Dated at Washington, DC, the 17th day of 

September, 2008. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. E8–22148 Filed 9–22–08; 8:45 am] 

BILLING CODE 6714–01–P 

FEDERAL RESERVE SYSTEM 

Change in Bank Control Notices; 

Acquisition of Shares of Bank or Bank 

Holding Companies 

The notificants listed below have 

applied under the Change in Bank 

Control Act (12 U.S.C. 1817(j)) and 

§ 225.41 of the Board’s Regulation Y (12 

CFR 225.41) to acquire a bank or bank 

holding company. The factors that are 

considered in acting on the notices are 

set forth in paragraph 7 of the Act (12 

U.S.C. 1817(j)(7)). 

The notices are available for 

immediate inspection at the Federal 

Reserve Bank indicated. The notices 

also will be available for inspection at 

the office of the Board of Governors. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than October 

7, 2008. 

A. Federal Reserve Bank of Chicago 

(Burl Thornton, Assistant Vice 

President) 230 South LaSalle Street, 

Chicago, Illinois 60690–1414: 

1. Nicholas J. Burns, Jr., Almond, 

Wisconsin, to acquire additional votings 

shares of River Cities Bancshares, Inc., 

and thereby indirectly acquire 

additional voting shares of River Cities 

Bank, both of Wisconsin Rapids, 

Wisconsin. 

B. Federal Reserve Bank of San 

Francisco (Kenneth Binning, Director, 

Regional and Community Bank Group) 


jlentini on PROD1PC65 with NOTICES
54828 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Notices 

101 Market Street, San Francisco, 

California 94105–1579: 

1. Rommel R. Medina and Ruell R. 

Medina, both of San Bruno, California, 

to acquire additional voting shares of 

MNB Holdings Corporation, and thereby 

indirectly acquire additional voting 

shares of Mission National Bank, both of 

San Francisco, California. 

Board of Governors of the Federal Reserve 

System, September 17, 2008. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E8–22114 Filed 9–22–08; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR Part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The applications also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

conducted throughout the United States. 

Additional information on all bank 

holding companies may be obtained 

from the National Information Center 

website at www.ffiec.gov/nic/. 

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than October 17, 

2008. 

A. Federal Reserve Bank of 

Minneapolis (Jacqueline G. King, 

Community Affairs Officer) 90 

Hennepin Avenue, Minneapolis, 

Minnesota 55480–0291: 

1. Glacier Bancorp, Inc., Kalispell, 

Montana, to acquire 100 percent of the 

voting shares of Bank of the San Juans 

Bancorporation, and thereby indirectly 

acquire voting shares of Bank of the San 

Juans, both of Durango, Colorado. 

B. Federal Reserve Bank of Kansas 

City (Todd Offenbacker, Assistant Vice 

President) 1 Memorial Drive, Kansas 

City, Missouri 64198–0001: 

1. CCB Financial Corporation, Kansas 

City, Missouri, to acquire 100 percent of 

the voting shares of NKC Bancshares, 

Inc., and thereby indirectly acquire 

voting shares of Norbank, both of North 

Kansas City, Missouri. 

C. Federal Reserve Bank of Dallas (E. 

Ann Worthy, Vice President) 2200 

North Pearl Street, Dallas, Texas 75201– 

2272: 

1. ST Financial Group, Inc., 

Montgomery, Texas, to become a bank 

holding company by acquiring 100 

percent of the voting shares of Snook 

Bancshares, Inc., and thereby indirectly 

acquire voting shares of First Bank of 

Snook, both of Snook, Texas. 

Board of Governors of the Federal Reserve 

System, September 17, 2008. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E8–22113 Filed 9–22–08; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR Part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The applications also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

conducted throughout the United States. 

Additional information on all bank 

holding companies may be obtained 

from the National Information Center 

website at www.ffiec.gov/nic/. 

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than October 17, 

2008. 

A. Federal Reserve Bank of Atlanta 

(Steve Foley, Vice President) 1000 

Peachtree Street, N.E., Atlanta, Georgia 

30309: 

1. First National Bankers Bankshares, 

Inc., Baton Rouge, Louisiana, to merge 

with Arkansas Bankers Bancorporation, 

Inc., and thereby indirectly acquire 

Arkansas Bankers Bank, both of Little 

Rock, Arkansas. 

Board of Governors of the Federal Reserve 

System, September 18, 2008. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E8–22185 Filed 9–22–08; 8:45 am] 

BILLING CODE 6210–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

[Docket Number NIOSH–109] 

Review of NIOSH Draft Current 

Intelligence Bulletin, ‘‘A Strategy for 

Assigning the New NIOSH Skin 

Notations for Chemicals’’ 

AGENCY: The National Institute for 

Occupational Safety and Health 

(NIOSH) of the Centers for Disease 

Control and Prevention (CDC), 

Department of Health and Human 

Services (HHS). 

ACTION: Notice of Public Meeting and 

availability for Public Comment. 

SUMMARY: The National Institute for 

Occupational Safety and Health 

(NIOSH) of the Centers for Disease 

Control and Prevention (CDC) is 

conducting a public review of the 

NIOSH document ‘‘CIB: A Strategy for 

Assigning the New NIOSH Skin 

Notations for Chemicals.’’ This draft 

Current Intelligence Bulletin (CIB) was 

developed to provide the scientific 

rationale and framework for a strategy 

for the assignment of multiple skin 

notations capable of distinguishing 

between systemic, localized, and 

sensitizing health effects of dermal 

chemical exposures. The strategy has 


jlentini on PROD1PC65 with NOTICES