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F ederal Reserve ba n k o f Dallas

DALLAS, TEXAS

75222
C i r c u l a r No. 76-35
M a rc h 11, 1976

AMENDMENT TO REGULATION H

TO ALL MEMBER BANKS IN THE
ELEVENTH FEDERAL RESERVE DISTRICT:
T h e B o a r d of G o v e r n o r s of t h e F e d e r a l R e s e r v e S y s te m h a s
a m e n d e d R e g u l a ti o n H, " M e m b e r s h ip o f S tate B a n k i n g I n s t i t u t i o n s in th e
F e d e r a l R e s e r v e S y s t e m , " to p e r m i t u n til M a r c h 1, 1976, t h e m a k in g of
c e r t a i n m o r t g a g e loan s in id e n tif ie d flood h a z a r d a r e a s of c o m m u n itie s
t h a t a r e n o t p a r t i c i p a t i n g in th e N ational Flood I n s u r a n c e P r o g r a m .
A c o p y of t h e A m e n d m e n t to R e g u l a ti o n H is e n c l o s e d a n d
s h o u l d b e i n s e r t e d in y o u r R e g u l a t i o n s B i n d e r . P r i n t e d on th e follow ing
p a g e s is th e FEDERAL REGISTER d o c u m e n t r e g a r d i n g t h e a m e n d m e n t . If
y o u h a v e q u e s t i o n s c o n c e r n i n g t h i s a m e n d m e n t a s it is a p p l i c a b l e to S tate
m e m b e r b a n k s , p l e a s e c o n t a c t t h i s B a n k ' s E x a m in a tio n D e p a r t m e n t a t
(214) 651-6274.
A d d itio n a l c o p i e s of t h e a m e n d m e n t a n d FEDERAL REGISTER
d o c u m e n t w ill b e f u r n i s h e d u p o n r e q u e s t to t h e S e c r e t a r y ' s Office of
this Bank.
S incerely y o u rs ,
T . W. P la n t
F i r s t V ice P r e s i d e n t
E nclosure

This publication was digitized and made available by the Federal Reserve Bank of Dallas' Historical Library (FedHistory@dal.frb.org)

TITLE 12— BANKS AND BANKING
CHAPTER II— FEDERAL RESERVE SYSTEM
SUBCHAITER A— BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
[Reg. H]
PART 208— MEMBERSHIP OF STATE BANKING
INSTITUTIONS IN THE FEDERAL RESERVE SYSTEM
Loans by State Member Banks in Flood-Prone Areas
[Amendment]

The Board of Governors of the Federal Reserve System
Is amending Part 208 by revising section 208.8(e)(5) in order to
implement the grace period provided in Pub. L. No. 94-198 (Dec. 31,
1975), concerning certain real estate loans made by State member
banks in identified flood hazard areas of communities that are not
participating in the National Flood Insurance Program.
Pub. L. No. 94-198 amends section 202(b) of the Flood
Disaster Protection Act of 1973 (42 U.S.C. 2001 et. seq.) to permit
until March 1, 1976 (or one year from the date of a community's
notification that it has flood-prone areas, whichever is later),
the making of certain mortgage loans and similar loans by federally
chartered, supervised, or insured lending institutions for the
purchase of previously occupied residential dwellings located in
the identified flood hazard areas of communities that are not

- 2 -

participating in the National Flood Insurance Program.

The

deadline contained in section 202(b) applicable to such loans was
previously extended from July 1, 1975, until January 1, 1976
(section 303 of the Emergency Housing Act of 1975, Pub. L. No.
94-50).

The following amendment is intended to conform the pro­

visions of existing Board regulations, which reflect the January 1,
1976 dealine, to the additional extension contained in Pub. L.
No. 94-19S.
Effective immediately the last sentence of § 208.8(e)(5)
shall be amended by deleting the date, January 1, 1976, and adding
the date, March 1, 1976, as follows:
§ 208.8
*

Banking Practices
*

*

*

*

(e)

Loans by State member banks in identified flood hazard areas.

(5)

. . .Provided, that the prohibition contained in this section

shall not apply to any loan made prior to [January 1, 1976] March 1,
1976, if the loan is made to finance the acquisition of a previously
occupied residential dwelling.
*

*

*

*

*

The provisions of section 553 of Title V, United States Code,
relating to notice, public participation and deferred effective date
were not followed in connection with this amendment because this

- 3 -

amendment merely clarifies Regulation H by implementing a statutory
provision of Pub. L. No. 94-198 (December 31, 1975) without significant
exercise of administrative discretion or interpretation.
By order of the Board of Governors, February 26, 1976.

(Signed) Theodore E. Allison

Theodore E. Allison
Secretary of the Board

[SEAL]

BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

MEMBERSHIP OF STATE BANKING INSTITUTIONS
IN THE FEDERAL RESERVE SYSTEM

A M EN D M EN T TO R E G U L A T IO N H t

Effective February 26, 1976, the last sentence
o f §208.8(e)(5) shall be am ended by deleting the
date, January 1, 1976, and adding the date, M arch
1, 1976, as follows:
S EC T IO N 208.8 — B A N K IN G PR A C T IC E S
*

*

*

*

*

(e) Loans by State member banks in identified
flood hazard areas.
*

*

*

*

*

(5) * * * Provided, th at the prohibition con­
tained in this section shall n o t apply to any loan
m ade prior to M arch 1, 1976, if the loan is m ade
to finance the acquisition o f a previously occupied
residential dwelling.

fF o r this Regulation to be complete as amended effective February 26, 1976, retain:
1) Printed Regulation pamphlet as amended effective March 18, 1969;
2) Amendment to §208.10(b) and (c) effective December 21, 1973;
3) Amendments adding a new §208.8 and renumbering succeeding section effective March 2, 1974;
4) Amendment effective September 16, 1974;
5) Amendment effective September 22, 1974;
6) Amendment effective May 12, 1975;
7) Amendment effective October 17, 1975;
8) Amendment effective December 30,1975; and
9) This slip sheet.