Federal Deposit
Insurance Corporation

By letter dated July 30, 2001, you requested a change to the capital group of the assessment risk classification assigned to [Bank] (“Bank”), for the semiannual assessment period that began on July 1, 2001.

At its meeting held on January 28, 2002, the Federal Deposit Insurance Corporation’s (“FDIC”) Assessment Appeals Committee (“Committee”) considered your request and determined that it should be granted. The committee determined that the Bank had an agreement with the FDIC regarding its capital group which included an understanding that the Bank would be treated as if it were well capitalized for purposes of the semiannual period that began on July 1, 2001, because the Bank:

1. Communicated with the FDIC’s Division of Supervision in December 2001 regarding its capital position relative to planned future transactions;
2. Reached an agreement regarding the maintenance of its existing capital group with the FDIC prior to the capital cut-off date associated with the semiannual assessment period in question;
3. Acted in reliance on that agreement;
4. Had at all relevant times the ability and willingness to maintain its existing capital group; and
5. Was well capitalized, as defined by Part 327 of the FDIC’s Rules and Regulations (12 CFR Part 327), during the semiannual periods preceding and following the one at issue in this request.

Therefore, the assessment risk classification assigned to the Bank will be changed from “3A” to “1A” for the semiannual assessment period beginning July 1, 2001.

You may contact Ms. Cheryl Timmons, Chief, Assessment Operations Section of the FDIC’s Division of Finance at (202) 416-7546 with questions on the method and timing of any refunds or credits that result from this action.

By direction of the Assessment Appeals Committee.