A directive can be contested and lapses if not affirmed in 10 days
What the document says“If, after 10 days after the receipt of a response described in subclause (I), the Board does not affirm, modify, or rescind the directive, the directive shall automatically lapse.”
Subsection (e)(1)(D) and, in the same terms, subsection (e)(2)(D). The issuer or an institution-affiliated party subject to a directive may present to the Board or the Comptroller in writing the reasons the directive should be modified or rescinded. If the agency affirms or modifies it, any affected party may then petition the United States district court where its main office is located, or the United States District Court for the District of Columbia, to stay, modify, terminate or set aside the directive. On a showing of extraordinary cause a party may go to court without first exhausting the administrative route.
What the document actually says“If, after 10 days after the receipt of a response described in subclause (I), the Board does not affirm, modify, or rescind the directive, the directive shall automatically lapse.”
A firm can write back to say why an order is wrong. The agency then has 10 days. If it does nothing, the order falls away.
The agency can keep the order, change it or drop it. If it keeps it, the firm can go to court. In a rare case it may go straight there.
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