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FEDERAL R E SE R V E BANK OF DALLAS Station K, Dallas, Texas 7 5 2 2 2 Circular No. 84-70 June 28, 1984 TO: All member banks and others concerned in the Eleventh Federal Reserve District ATTENTION: Chief Executive Officer SUBJECT: Amendment to Regulation J — Interlocks SUIWARY: The Board of Governors of the Federal Reserve System has amended its Regulation L to conform it with the new classifications for Metropolitan Statistical Areas. The amendment deletes all references to "Standard Metropolitan Statistical Areas" and substitutes the terminology currently used by the Office of Management and Budget. ATTACHMENTS: Board's press release and the material as published in the Federal Register MORE INFORMATION: Legal Department, Extension 6171 ADDITIONAL COPIES: Public Affairs Department, Extension 6289 Management Official Banks and others are encouraged to use the following incoming WATS numbers in contacting this Bank: 1-800-442-7140 (intrastate) and 1-800-527-9200 (interstate). For calls placed locally, please use 651 plus the extension referred to above. This publication was digitized and made available by the Federal Reserve Bank of Dallas' Historical Library (FedHistory@dal.frb.org) FEDERAL RESERVE press release For immediate release June 11, 1984 The Federal Reserve Board today amended its Regulation L (Management Official Interlocks) to conform it to recent legislation which deleted all references in the Depository Institution Management Interlocks Act to "Standard Metropolitan Statistical Areas" and substituted therefore the new classifications for Metropolitan Statistical Areas now in use by the Federal Office of Management and Bu dget. In a joint notice for publication in the Federal Register the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Federal Home Loan Bank Board and the National Credit Union Administration are similarly amending their regulations. of the notice is available at district Federal Reserve Banks. The amendment is effective immediately. The text DEPARTMENT OF THE TREASURY COMPTROLLER OF THE CURRENCY [12 CFR Part 26] FEDERAL RESERVE SYSTEM [12 CFR Part 212] FEDERAL DEPOSIT INSURANCE CORPORATION [12 CFR Part 348] FEDERAL HOME LOAN BANK BOARD [12 CFR Part 563f] NATIONAL CREDIT UNION ADMINISTRATION [12 CFR Part 711] Management Official Interlocks AGENCIES: Office of the Comptroller of the Currency, Governors of the Federal Insurance Corporation, Reserve Federal System, Home Loan Federal Bank Board of Deposit Board, and National Credit Union Administration. ACTION: Final Rule. SUMMARY: The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Loan Board, Insurance and the Corporation, National the Credit Federal Union Home Bank Administration (collectively referred to as the "agencies") are amending their respective regulations implementing Management Interlocks Act, management official the Depository Institution which generally prohibits certain interlocks between unaffiliated depository 2- - institutions their asset and depository holding size and location. regulations to a change Management Interlocks "Standard Metropolitan in Act The the which companies amendments Depository deleted Statistical depending upon all Areas" conform the Institution references ("SMSAs") to and substituted therefore the new classifications for Metropolitan Statistical Areas adopted by the Office of Management and Budget. EFFECTIVE DATE: [Immediately effective upon publication in the Federal Register] . FOR FURTHER INFORMATION CONTACT: Melanie Fein ((202) or Board of Daniel Federal ((202) Fredric Burd ((202) Reserve System; 447-1880), H. Karr 452-3263), Chari Office of or Pamela Anhouse or F. LeCren Federal Deposit Insurance Corporation; 377-6461) or George Scruggs Bank Board; or Steven R. Governors of Jonathan the Comptroller of E. the Rushdoony the Currency; ((202) 389-4171), David J. Bristol ((202)* 377-6963), Bisker 452-3594) ( (202) ( (202) Federal Home Loan 357-1030), National Credit Union Administration. SUPPLEMENTARY INFORMATION: On November 30, 1983, Pub. L. 98-181 amended the Depository Institution Management Interlocks Act (12 U.S.C. reference to 3201 et s e q ., "Interlocks Act") by deleting the Standard Metropolitan Statistical Area and 3- - substituting therefore the new classifications of Metropolitan Statistical Areas promulgated by the Office of Management and Budget ("OMB"). The statutory amendment was necessitated by a change in the standards and terminology used by OMB. As originally enacted, (12 U.S.C. 3202) interlocks between section prohibited, 203(1) of the Interlocks Act in certain instances, unaffiliated depository management organizations both depository organizations had offices located in if "the same standard metropolitan statistical area as defined by the Office of Management and Budget . . . However, standard metropolitan statistical area is no longer a defined term used by OMB. As a result of statistical 1980 areas (see 45 Fed. statistical areas PB 83-218891) the reclassification of metropolitan initiated by the Department of Commerce Reg. 956), OMB published a new listing of ("Metropolitan Statistical Areas which omitted metropolitan statistical areas. its place Primary the terms Metropolitan Consolidated Essentially, the new any reference to Statistical Area Statistical standards 1983," NIS standard The new listing substituted in Metropolitan ’Statistical Metropolitan in provide Area ("PMSA"), Area ("MSA"), and ("CMSA"). that any MSA with a population of one million or more may be divided into PMSAs which are smaller Furthermore, as a CMSA. areas with very strong internal ties. two or more PMSAs may be combined and designated 4- - These changes have rendered obsolete 203(1) of the Accordingly, Interlocks section Act statistical Interlocks by area" and statistical statistical area, or that originally of Pub. out L. area, the 98-181 "standard inserting in metropolitan statistical area Act as 701(c) striking the language of section lieu the enacted. amended the metropolitan thereof same "primary metropolitan same consolidated metropolitan is not comprised of designated primary metropolitan statistical areas." This regulatory amendment will simply conform regulations to the amended statute. regulation to preclude, unaffiliated depository It does so by amending the in certain instances, organizations organizations have offices in the same statistical phrase area." statistical area" The the agencies' where interlocks among such depository "relevant metropolitan "relevant is defined to mean a MSA, metropolitan PMSA, or a CMSA that is not comprised of designated PMSAs. Inasmuch as the agencies are merely conforming their respective regulations to changes in the underlying statute, the amendment is being accomplished in final without opportunity for public comment and is immediately effective upon publication Federal Register. sections 553(b)(A) Procedure Act, in the This action is being done under authority of and 553(d)(1) of the Administrative which authorize waiver of public comment and - 5- waiver of delayed effective date when the adopting agency finds for good cause effective that public comment date are unnecessary. and the Because 3 0-day delayed the amendments not the subject of a notice of proposed rulemaking, not subject 5 U.S.C. 601 to review under et seq. Currency certifies the were they are Regulatory Flexibility Act, Additionally, the Comptroller of the that the amendments to 12 CFR Part 26 are not a major rule as defined by Executive Order 12291. Accordingly, pursuant to their respective authority under section 209 of the Depository Institution Management Interlocks Act (12 U.S.C. Currency, 3207), the Office of the Comptroller of the the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Federal Home Loan Bank Board, and the National Credit Union Administration, hereby amend Title 12 of the Code of Federal Regulations, Parts 26, 212, 348, 563f, and 711, respectively, as follows: List of Subjects: Savings and Corporation; Currency; loan Antitrust; Banks, associations; Federal Reserve banking; Federal System; interlocks. Holding companies; Deposit Insurance Comptroller Federal Home Loan Bank Board; Administration; Credit unions; National Management of the Credit Union official - 6- FEDERAL RESERVE SYSTEM [12 CFR Part 212] MANAGEMENT OFFICIAL INTERLOCKS 12 C.F.R. Part 212 is amended as follows: 1. The authority citation for Part 212 reads as follows: AUTHORITY: 2. 12 U.S.C. 3201 et seq. Section 212.2 is amended by adding a new paragraph (n) to read as follows: § 212.2 Definitions. * (n) * * * * "Relevant metropolitan statistical area" means a Primary Metropolitan Statistical Area, a Metropolitan Statistical Area, or a Consolidated Metropolitan Statistical Area that is not comprised of designated Primary Metropolitan Statistical Areas as defined by the Office of Management and Budget. 3. Section 212.3 is amended by revising paragraph (b) to read as follows: § 212.3 General prohibitions. * * * * * (b) Metropolitan Statistical A r e a . A management official of a depository organization may not serve at the same time as a - inanagement official of 7- another depository organization not affiliated with it if: (1) Both are depository institutions, each has an office in the same relevant metropolitan statistical area, and either institution has total assets of $20 million or more; (2) Offices of depository institution affiliates of both are located in the same relevant metropolitan statistical area and either of the depository institution affiliates has total assets of $20 million or more; or (3) One is a depository institution that has an office in the same relevant metropolitan statistical depository institution affiliate of area as the other and either a the depository institution or the depository institution affiliate has total assets of $20 million or more. 4. Section 212.6 is amended by revising paragraph (a) to read as follows: § 212.6 Changes in circumstances. (a) Non-grandfathered interlocks. service as a management official ds section 212.5 of this part, the If a person's not grandfathered under person's service must be terminated if a change in circumstances causes such service to become prohibited. Such a change may include, but is not limited to, an increase in asset size of an organization due to natural growth, area or a change in relevant metropolitan statistical community boundaries or the designation of a new - 8- relevant metropolitan statistical area, an acquisition, merger, or consolidation, the establishment of an office, the Federal or a disaffiliation. * * * By Order of System, * * the Board of Governors of Reserve effective June 8, 1984. William W. Wiles Secretary of the Board