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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations regulation to the current titles of these positions.
The clarifications relate to agency management and personnel, and to agency practice and procedure. Further, to the extent that non-agency parties are impacted by the amended rules i.e., they may be required to submit requests and documents to the attention of the Administrative Officer rather than the Executive Secretary, their rights and obligations will not be substantially affected. As such, submission to Congress and the Comptroller General is not required for the rules to become effective.
B. Paperwork Reduction Act This rule does not propose new or revisions to existing collections of information as that term is defined under the Paperwork Reduction Act of 1995, Public Law 10413, 44 U.S.C.
chapter 35, and its implementing regulations, 5 CFR part 1320.

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C. Regulatory Flexibility Act The Regulatory Flexibility Act RFA
5 U.S.C. 601612 does not apply to a rulemaking where a general notice of proposed rulemaking is not required. 5
U.S.C. 603 and 604. As noted previously, the FDIC has determined that it is unnecessary to publish a notice of proposed rulemaking for the final rule amending part 308. Accordingly, the RFAs requirements relating to an initial and final regulatory flexibility analysis do not apply to this rulemaking for part 308.
D. Riegle Community Development and Regulatory Improvement Act of 1994
Pursuant to section 302a of the Riegle Community Development and Regulatory Improvement Act RCDRIA,3 in determining the effective date and administrative compliance requirements for new regulations that impose additional reporting, disclosure, or other requirements on insured depository institutions IDIs, each Federal banking agency must consider, consistent with the principle of safety and soundness and the public interest, any administrative burdens that the regulations would place on depository institutions, including small depository institutions and customers of depository institutions, as well as the benefits of the regulations. In addition, section 302b of RCDRIA requires new regulations and amendments to regulations that impose additional reporting, disclosures, or other new requirements on IDIs generally to take effect on the first day of a calendar
quarter that begins on or after the date on which the regulations are published in final form.4 The FDIC has determined that the rule would not impose additional reporting, disclosure, or other requirements; therefore the requirements of the RCDRIA do not apply.
E. Plain Language Section 722 of the Gramm-LeachBliley Act 5 requires the Federal banking agencies to use plain language in all proposed and final rules published after January 1, 2000. In light of this requirement, the FDIC has sought to present the final rule in a simple and straightforward manner.
List of Subjects in 12 CFR Part 308
Administrative practice and procedure, Bank deposit insurance, Banks, banking, Claims, Crime, Equal access to justice, Fraud, Investigations, Lawyers, Penalties, Savings associations.
12 CFR Chapter III
Authority and Issuance For the reasons stated in the preamble, the FDIC amends 12 CFR part 308 as follows:
PART 308RULES OF PRACTICE AND
PROCEDURE
1. The authority citation for part 308
continues to read as follows:

Authority: 5 U.S.C. 504, 554557; 12
U.S.C. 93b, 164, 505, 1464, 1467d, 1467a, 1468, 1815e, 1817, 1818, 1819, 1820, 1828, 1829, 1829b, 1831i, 1831mg4, 1831o, 1831p1, 1832c, 1884b, 1972, 3102, 3108a, 3349, 3909, 4717, 5412b2C, 5414b3; 15 U.S.C. 78h and i, 78oc4, 78o4c, 78o5, 78q1, 78s, 78u, 78u2, 78u3, 78w, 6801b, 6805b1; 28 U.S.C.
2461 note; 31 U.S.C. 330, 5321; 42 U.S.C.
4012a; Pub. L. 104134, sec. 31001s, 110
Stat. 1321; Pub. L. 109351, 120 Stat. 1966;
Pub. L. 111203, 124 Stat. 1376; Pub. L. 114
74, sec. 701, 129 Stat. 584.

2. Amend 308.3 by:
a. Removing the first-level paragraph designations from paragraphs a through s;
b. Adding definitions of Administrative Officer and Assistant Administrative Officer in alphabetical order;
c. Revising the definition of Decisional employee;
d. Removing the definition of Executive Secretary; and e. Revising the definition of Person.
The additions and revisions read as follows:

4
3

12 U.S.C. 4802a.

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12 U.S.C. 4802.
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308.3

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Definitions.

Administrative Officer means an inferior officer of the Federal Deposit Insurance Corporation, duly appointed by the Board of Directors of the Federal Deposit Insurance Corporation to serve as the Boards designee to hear certain motions or requests in an adjudicatory proceeding and to be the official custodian of the record for the Federal Deposit Insurance Corporation.

Assistant Administrative Officer means an inferior officer of the Federal Deposit Insurance Corporation, duly appointed by the Board of Directors of the Federal Deposit Insurance Corporation to serve as the Boards designee to hear certain motions or requests in an adjudicatory proceeding upon the designation or unavailability of the Administrative Officer.

Decisional employee means any member of the Federal Deposit Insurance Corporations or administrative law judges staff who has not engaged in an investigative or prosecutorial role in a proceeding and who may assist the Board of Directors, the administrative law judge, or the Administrative Officer, or the Assistant Administrative Officer, in preparing orders, recommended decisions, decisions, and other documents under the Uniform Rules.

Person means an individual, sole proprietor, partnership, corporation, unincorporated association, trust, joint venture, pool, syndicate, agency, or other entity or organization, including an institution as defined in this section.

3. Amend 308.18 by revising paragraph a1ii to read as follows:
308.18 Commencement of proceeding and contents of notice.

a
1
ii The notice must be served by Enforcement Counsel upon the respondent and given to any other appropriate financial institution supervisory authority where required by law.

4. Amend 308.23 by revising paragraphs c and d to read as follows:
308.23

Motions.

c Filing of motions. Motions must be filed with the administrative law judge, except that following the filing of the recommended decision, motions must
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