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FEDERAL RESERVE BANK OF NEW YORK r Circular No. 9168 October 22, 1981 ~ | D EPO SITO R Y INSTITUTIO NS D ER EG U LA T IO N C O M M IT T E E Proposals Regarding New Deregulation Schedule and New Short-Term Deposit Instrum ents To All Commercial Banks, Mutual Savings Banks, and Savings and Loan Associations in the Second Federal Reserve District: The D epository Institutions D eregulation C om m ittee (D ID C ) has invited co m ment on (a) a new proposed schedule for progressively deregulating tim e deposits, starting with a new 3V i-year (or over) deposit categ o ry, and (b) the desirability o f authorizing a new short-term deposit instrument that would enable fed erally insured com m ercial banks, mutual savings banks, and savings and loan associations to com pete more effectiv ely for short-term deposits. Printed on the follow ing pages is the text o f the proposals. C om m ents on the deregulation schedule should be submitted by N ovem ber 6 , 1 9 81; com m ents on the short-term deposits should be submitted by N ovem ber 16, 1981. All com m ents may be sent to our C onsum er A ffairs and Bank R egulations D epartm ent. A nthony M. S olom on, P resid en t. DEPOSITORY INSTITUTION S DEREGULATION C O M M ITTEE 12 CFR Part 1204 (Docket No. D-0022] Time Deposits of Less Than $100,000 With Original Maturities of 3 % Years or More agency : Depository Institutions Deregulation Committee. a c t io n : Proposed rulemaking. s u m m a r y : The Depository Institutions Deregulation Committee (the ‘‘Committee”) is considering amending its rules to establish a new category of time deposit that could be offered by federally-insured commercial banks, mutual savings banks, and savings and loan associations. The Committee requests comment on an account that would have the following principal characteristics: (1) Minimum original maturity of 3 lh years of more; (2) no interest rale limitation; (3) permitting additional deposits to be made during the first year of the account without extending its maturity; and (4) a minimum denomination of $250. The Committee also requests comments on a schedule that would each year reduce the minimum maturity of this new deposit category by one year, and the creation of two additional new desposit categories to be effective in 1984 and 1935, respectively. date : Comments must be received by November 0,1901. ADDRESS: Interested parties are invited to submit written data, views, or arguments concerning the proposed rules to Steven L. Skancke, Executive Secretary, Depository Institutions Deregulation Committee, Room 1054, Department of the Treasury, 15th Street and Pennsylvania Avenue, NW., Washington, D.C. 20220. All material submitted should include the Docket Number D-0022 and will be available for inspection and copying upon request, except as provided in § 1202.5 of the Committee’s Rules Regarding Availability of Information (12 CFR 1202.5). FOR FURTHER INFORMATION CONTACT: Paul S. Pilecki, Senior Attorney, Board of Governors of the Federal Reserve System (202/452-3281); Allan Schott, Attorney-Adviser, Treasury Department (202/580-2914); F. Douglas Birdzell, Counsel, Federal Deposit Insurance Corporation (202/389— 4201); Rebecca Laird, Senior Associate General Counsel, Federal Home Loan Bank Board (202/377-6448); or David Ansell, Attorney, Office of the Comptroller of the Currency (202/447-1880). SUPPLEMENTARY INFORMATION: The Depository Institutions Deregulation Act of 1980 (Title II of Pub. L. 96-221; 12 U.S.C. 3501 et s e q .) ("Act”) was enacted to provide for the orderly phaseout and the utimate elimination of the limitations on the maximum rates of interest and dividends that may be paid on deposit accounts by depository institutions. In adopting the Act, Congress determined that rate ceilings have: (1) Discouraged savings; (2) created inequities for depositors; (3) impeded competition among depository institutions; and (4) not provided an even flow of funds for home mortgage lending. The Congress also found that all depositors, particularly those with modest savings, are entitled to receive a market rate-ofretum as soon as it is economically feasible for institutions to pay such rates. Under the Act, authority to administer deposit rate ceilings has been given to the Committee. The Act also provides that the Committee can phase out rate ceilings by an y or all of the following methods: (1) Gradually increase ceilings applicable to a ll account categories (however when increasing rates on a ll existing accounts, the DIDC may not exceed market rates); (2) Complete elimination of limitations applicable to particular account categories; (3) Creation of new account categories subject to limits or with limits set at current market rates; (4) By any combination of the above methods; and (5) By any other method. In accordance with its responsiblities, the Committee is requesting public comment on a proposal to meet the objectives of the Act. The Committee proposes to create a new category of time deposit that would not be subject to an interest rate ceiling. The new category (1) would require a minimum maturity of 3Vz years or more, (2) would permit additional deposits to be made during the first year of the life of the deposit without extending the maturity date of the account, (3) could be issued in negotiable or nonnegotiable form, (4) could be discounted, (5) would be issued in a minimum denomination of $250, and (8) would be subject to an early withdrawal penalty of at least nine months’ forfeiture of interest. In addition, all other provisions of the Committee’s rules and the rules of the other agencies would continue to apply. The Committee and the agencies have taken actions in the past that have been regarded as the establishment of n ew categories of deposit accounts. These accounts include 20-week money market time deposits (MMCs), small saver certificates (SSCs), and the 3-year time deposit available only to IRA and Keogh Plan depositors. These accounts have been regarded as new accounts by 2 virtue of particular characteristics such as maturity, method of determination of ceiling rates, and availability limited to certain classes of depositors. The Committee believes that the proposed 3Vi year or more time deposit would be a new category of deposit account for purposes of both the Act and Pub. L. 94200.1 The Committee expects that the new 3V2-year time deposits could be offered by depository institutions on a fixed or variable rate basis. For variable rate time deposits, it is expected that the method of determining how the rate would fluctuate would be readily ascertainable and disclosed in writing at the opening of the deposit contract. For example, the rate could be pegged to the rate based on the yield for a particular category of U.S. Treasury securities or any other market based or independently determined yield. The Committee also requests comment on a proposed schedule under which each year the mininum maturity of the new deposit category would be reduced by one year. Under the schedule, the maturity range and method of determining the rate ceiling of the small saver certificate category of time deposit also would be modified in 1982 and 1983. In addition, the schedule would establish two new time deposit categories without a differential in 1984 and 1985, respectively. This schedule would be as follows: Applicable Rate Ceiling For Original maturity Effective Feb. 1, 1982: (1) 3Vi years or more. (2) 2V s years to less than 3 V i years. Effective Feb. 1, 1983: (1) 2 V years or i more. (2) 1 Vs years to less than 2 V i years. Effective Feb. 1, 1984: (1) 1 V years or i more. (2) 6 months to 1 V years i (new deposit category). Effective Feb. 1, 1985: (1) 8 months or more. (2) 14 days to 6 months (new deposit category). Effective Feb. 1, 1986: All time deposits.. Commercial banks MSBs and S4Ls No limit.-...... ....... No limit Avg. yield for 2 V i year Treasury securities less y, point Avg. yield for 2<i year Treasury securities. No limit__________ No lim it. Avg. yield for 1 V i year Treasury securities less y« point Avg. yield for 1 V i year Treasury securities. No limit.-................. No limit 26-week B rate.... 26-week Bill rate rfl No limit..... .. .......... No Hmit 13-week Bil rate__ 13-week B rata iff No limit............... .. No lim it. 1 Pub. L 94-200 provide* that the differential between thrift institution and commercial bank interest rate ceilings on any category of account in existence on December 10,1975, cannot be reduced or eliminated without Congressional approval. The Committee has considered the potential impact on small entities of the proposal to establish a new SVfe-year time deposit category and the proposed schedule, as required by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). In this regard, the Committee’s action would not impose any new regulatory burden, or increase any existing or impose any new reporting or recordkeeping requirements. Consistent with the Committee’s statutory mandate to eliminate deposit interest rate ceilings, this proposal would enable depository institutions to pay interest on certain time deposits with maturities of 3 Vi years or more without regard to interest rate limitations. Thus, small entities that are depositors generally could benefit from the Committee’s proposal, since they would be able to earn higher rates of interest on their time deposits. Small entities that are depository institutions could have increased costs as a result of this action, because it is likely that they will be paying higher interest rates on certain time deposits; however, their competitive position vis-a-vis nondepository institution competitors should be enhanced by their ability to offer higher rates on time deposits. The proposed new deposit category could be offered by all federally insured > commercial banks, mutual savings banks and savings and loan associations. In particular, the Committee requests comments on the following specific aspects of the proposal. (1) Maturity. The appropriateness of a minimum maturity period of 3Vi years or more. Should the minimum maturity on the proposed deposit category be reduced each year by one year? " (2) A ddition al deposits during first year. It is appropriate to allow additions to such accounts during the first year without requiring an extension of the maturity? Should this be a required feature or should it be optional for depository institutions? (3) Minimum denom ination. Should the proposed instrument have a minimum denomination of $250, or some other amount? (4) E arly w ithdraw al penalty. Should the proposed 3 V year instrument be z subject to a minimum early withdrawal penalty of nine month’s forfeiture of interest or the current six month penalty? As alternatives for this account, should the minimum early withdrawal penalty be: (1) Three months’ loss of interest for each year or part thereof of the original maturity of the time deposit (a 3 Vi year time deposit would have a twelve month early withdrawal penalty); or (2) Three months’ loss of interest for each year or part thereof remaining to maturity of the time deposit? (5) Other featu res. The Committee requests comment on whether the proposed deposit category should allow negotiable certificates of deposits, whether issuance of such deposits on a discount basis should be permitted, or whether any other or different characteristics should apply to such accounts. (6) N ew account categ ories to b e in trodu ced in 1984 an d 1985. Should the proposed two new account categories have characteristics similar to the proposed ZVz year category? (7) O ther com m ents. The Committee also requests comments on any other aspect of the proposal that is relevant, including, but not limited to, the effect of the proposed new deposit category on the competitive position and safety and soundness of depository institutions and the effect of the proposal on small entities. The Committee has determined to shorten the length of the comment period normally provided to the public so that it can consider this issue at its meeting tentatively scheduled for December 16,1981. Accordingly, all comments must be received by November 6,1981. PART 1204— INTEREST ON DEPOSITS Pursuant to its authority under section 203(a) of the Depository Institutions Deregulation Act of 1980 (Title II of Pub. L. 96-221; 12 U.S.C. 3502(a)), the Committee proposes to amend 12 CFR Part 1204: 1. Effective February 1,1982 by adding a new § 1204.119 that would read as follows: § 1204.119 Time deposits of less than $100,000 with original maturities of 3 Vi years or more. (a) A commercial bank, mutual savings bank, or savings and loan association may pay interest without limit on any time deposit of $250 or more with an original maturity of 3Vz years or more. (b) Any time deposit issued pursuant to this section may provide by contract that additional deposits may be made to the account for a period of one year from the date that is is established without extending the original maturity date of the account. Deposits made to the account more than one year after the date that it is established shall extend the maturity of the entire account for a period at least equal to the original term of the account, or such additional deposit shall be regarded as a separate account. (c) Where a time deposit issued pursuant to this section is paid before maturity, a depositor shall forfeit an amount at least equal to nine months of interest earned, or that could have been earned, on the amount withdrawn at the 3 nominal (simple interest) rate paid on the deposit, regardless of the length of time the funds withdrawn have remained on deposit. (d) A depository institution may issue time deposits pursuant to this section with any of the following characteristics: (1) Such time deposits may be represented by a negotiable or nonnegotiable instrument, or may be in book-entry form; or (2) Such time deposits may be issued on a discount basis. (e) Effective February 1,1983, this section is amended by striking the term “3 V years” wherever it appears and z inserting in its place the term “2V4 years”. (f) Effective February 1,1984, this section is amended by striking the term “Z -z years” wherever it appears and V inserting in its place the term “IV2 years”. (g) Effective February 1,1985, this section is amended by striking the term “IV2 years” wherever it appears and inserting in its place ”6 months”. (h) Effective February 1,1986, this section is amended by striking the term “6 months” wherever it appears and inserting in its place “14 days”. 2. Effective February 1,1982, § 1204.106 would be amended by adding a new paragraph (c) as follows: § 1204.106 Time deposit of less than $100,000 with maturities of 2V years to 4 fe years. « * * * * (c)(1) Effective February 1,1982, this section is amended by striking the term “2 V years to less than 4 years” 2 wherever it appears and inserting in its place “2 V years to less than 3 V years”. 2 2 (2) Effective February 1,1983, this section is amended by sinking the term “2 V years to less than 3 Yt years” 2 wherever it appears and inserting in its place “IV2 years to less than 2 V years”. 2 3. Effective February 1,1984, by „ adding a new § 1204.120 that would read as follows: § 1204.120 Time deposits of less than $100,000 with original maturities of 6 months to 1Vs years. Commercial banks, mutual savings banks, and savings and loan associations may pay interest on any time deposit of $250 or more with an original maturity 6 months or more but less than IV2 years at a rate not to exceed the rate established and announced (auction average on a discount basis) for U.S. Treasury bills with maturities of 26 weeks at the auction held immediately prior to the date of deposit. Rounding rates to the next higher rate is not permitted. Time deposits issued under this section shall also be subject to paragraphs (b), (c), and (d) of § 1204.119. This section shall expire on February 1,1985. 4. Effective February 1,1985, by adding a new § 1204.121 that would read as follows: § 1204.121 Time deposits of less than $100,000 with original maturities of less than 6 months. Commercial banks, mutual savings banks, and savings and loan associations may pay interest on any time deposit of $250 or more with an original maturity of 14 days or more but less than 6 months at a rate not to exceed the rate established and announced (auction average on a discount basis) for U.S. Treasury bills with maturities of 13 weeks at the auction held immediately prior to the date of deposit. Rounding rates to the 4 next higher rate is not permitted. Time deposits issued under this section shall also be subject to paragraph (d) of § 1204.119. By order of the Committee, September 25, 1981. Steven9 L. Skancke, E xecutive Secretary. [FR Doc. 81-28998 10-5-81; 8:45 am] I Schott, Attorney-Adviser, Treasury Department (202/566-6798). SUPPLEMENTARY INFORMATION: The Depository Institutions Deregulation Act 12CFR Part 1204 of 1980 (Title II of Pub. L. 96-221; 12 [Docket No. D -0023] U.S.C. 3501 et seq.) (“Act”) was enacted to provide for the orderly phaseout and Short-Term Time Deposit Instruments ultimate elimination of the limitations on the maximum rates of interest and AGENCY: Depository Institutions dividends that may be paid on deposit Deregulation Committee. accounts by depository institutions as ACTION: Proposed rulemaking. rapidly as economic conditions warrant. Under the Act, the Committee is s u m m a r y : The Depository Institutions authorized to phase out interest rate Deregulation Committee (the ceilings by any one of a number of “Committee”) is considering amending methods including the creation of new its rules to establish a new short-term account categories not subject to deposit instrument that would enable interest rate limitations or with interest federally insured commercial banks, rate ceilings set at market rates of mutual savings banks, and savings and interest. loan associations to compete more effectively for short-term funds. The At its June 25,1981 meeting, the Committee requests comments on the Committee considered the issue of short desirability of authorizing a new short term time deposit instruments and term deposit instrument and, in decided to request public comments on particular, comments on the following the desirability of authorizing a new instruments: (1) a $5,000 minimum deposit instrument having denomination transactions account with characteristics similar to money market no interest rate ceiling; (2) a $10,000 mutual funds (MMFs). 44 FR 36712 (July minimum denomination 91-day account 15,1981). The Committee did not put with a 14-day required notice for forth a specific proposal at that time. withdrawal thereafter, and a floating Over 400 comments were received by interest rate tied to the 13-week the Committee on this issue. (An Treasury bill discount rate; and (3) a analysis of the comments is contained in $25,000 minimum denomination account the DIDG staff paper “Proposals to with no interest rate ceiling and a 1-day Change the Method of Calculating the notice requirement. The Committee also Ceiling Rate on MMCs and requires comments or ideas on any other Consideration of Creation of a New short-term instrument or combination of Short-Term Deposit Instrument", instruments which respondents believe September 16,1981 which is available would be desirable. upon request from the Executive Secretary of the Committee). DATE: Comments must be received by Approximately half of the respondents November 16,1981. favored creation of a new short-term ADDRESS: Interested parties are invited instrument and half were opposed. to submit written data, views, or Those against the authorization of a arguments concerning the proposed new short-term instrument, generally rules to Steven L. Skancke, Executive thrift institutions, argued that the higher Secretary, Depository Institutions costs associated with a new deposit Deregulation Committee, Room 1054, instrument and the potential shifts from Department of the Treasury, 15th Street savings accounts would add to their and Pennsylvania Avenue NW., current earnings problem. Washington, D.C. 20220. All material submitted should include the Docket At its September 22,1981 meeting, the Number D-0023 and will be available Committee decided to solicit comments for inspection and copying upon request, on several new deposit alternatives so except as provided in § 1202.5 of the that the public would have an Committee’s rules regarding Availability opportunity to present their views on the of Information (12 CFR 1202.5). instruments under consideration. In light of the previous comment period on the FOR FURTHER INFORMATION CONTACT: same issue and the desire to consider David Ansell, Attorney, Office of the this issue at the December 16,1981 Comptroller of the Currency (202/447meeting, the Committee believes that a 1880); F. Douglas Birdzell, Counsel, period of 30 days is sufficient time for Federal Deposit Insurance Corporation public comment on the current proposal. (202/389-4324); Rebecca Laird, Senior Associate General Counsel, Federal The Committee has considered the Home Loan Bank Board (202/377-6446); potential effect on small entities of the Paul S. Pilecki, Senior Attorney, Board proposal to establish a new short-term of Governors of the Federal Reserve instrument, as required by the System (202/452-3281); Randall J. Miller, Regulatory Flexibility Act (5 U.S.C. 603 Acting Director, Office of Policy et seq.). In this regard, the Committee’s Analysis, National Credit Union action would not impose any new Administration (202/357-1090); or Allan reporting or recordkeeping requirement. DEPOSITORY INSTITUTIONS DEREGULATION COMMITTEE 5 Consistent with the Committee’s statutory mandate to eliminate deposit interest rate ceilings, this proposal would enable all depository institutions to compete more effectively in the marketplace for short-term funds. Depositors generally should benefit from the Committee’s proposal, since the new instrument would provide them a market rate of return. If low-yielding deposits shift into the new account, depository institutions might have increased costs as a result of this action. However, their competitive position vis-a-vis nondepository competitiors would be enhanced by their ability to offer a competitive short-term instrument at market rates. The new funds attracted by the new instrument (or the retention of deposits that might otherwise have left the institution) could be invested at a positive spread and would therefore at least partially offset the higher costs associated with the shifting of lowyielding accounts. In structuring a regulation authorizing a new short-term instrument, the relevant variables for the Committee to consider are yield, minimum denomination, maturity, and transactions characteristics. At one extreme, the creation of an account with no interest rate ceiling, no minimum denomination, no minimum maturity requirement and a transactions capability, would provide depository institutions with an instrument which would be competitiver with MMF shares, and would thereby help stem deposit outflows and indeed might induce deposit inflows. Such an account could also result in substantial shifting of deposit funds from low-yield deposit accounts, resulting in increased costs to depository institutions. The introduction of another interest-bearing transaction account could also have an adverse effect on the conduct of monetary policy. Creation of an account with a high minimum denomination and/or a longer term-to-maturity, however, might minimize shifting, but would be less competitive with MMFs and therefore less effective in attracting new deposits. In creating any short-term deposit category, major factors that must be taken into account include potential operational problems, the effect on earnings of depository institutions and the competitive viability of the instrument. Because of the need to consider all of the variables discussed above, the Committee requests comments concerning desirable short-term instrument characteristics. In particular, the Committee requests comments on the following aspects of a new short term instrument; (a) What should be the minimum denomination requirement on the short term instrument? (b) Should the account be ceilingless or indexed to market rates? Should the ceiling be equal to the market rate? Should the institution be allowed to offer a floating rate? (c) If indexed, should the regulation include a thrift-commercial bank interest rate ceiling differential? (d) Should a minimum maturity or notice requirement be imposed on the account? (e) Should third-party transfers be permitted? [Federal Reserve Board Regulation D (12 CFR Part 204) stipulates that the account would be subject to higher reserve requirements than for other time deposits if the institution permits more than three transfers per month to another account or a third party.] Should transfers be limited by regulation to some minimum number per month? (f) Should the eligibility for this account be restricted in any way, for example, to individuals only? (g) What is the preferred combination of the above features? (h) Is the authorization of a short-term instrument with characteristics similar to MMF shares desirable at this time? What would be the impact of introducing such an instrument on the earnings of depository institutions? (i) Would an alternative to a short term instrument, such as lowering the minimum denomination on MMCs, be preferable to introducing a new short term instrument at this time? As an example pf how the minimum denomination, maturity and transaction features of a short-term account might be combined, the Committee has developed three specific proposals. Comments are requested on the desirability of each of these instruments, including the operational feasibility, the cost implications, and the expected benefits to be provided by the instruments. These comments should address the proposals, both individually and in relation to one another, as well as any other proposed instruments. (1) A $5,000 minimum denom ination transaction accou nt with no in terest rate ceiling. If the balance on this account falls below $5,000 at any time during a monthly period, the maximum rate payable on this account would be reduced for the period to the rate in effect for NOW accounts (currently 5 lA%). Any withdrawals, including transfers to third parties, could be made only in amounts of $500 or more. It should be noted that if a depository institution would elect to permit more than three transfers per month to another account or to a third party, the instrument would be subject to transaction account reserve requirements as stipulated by Federal Reserve Regulation D. In addition to addressing the desirability of the above account, respondents are requested to address the following questions: (a) What would be the effect of this account on deposit flows (both on the expected inflows and internal shifts of funds) and on the earnings of depository institutions? (b) Should the minimum withdrawal amount be smaller or larger? (c) Should there be an interest rate ceiling on this account? If so, should the ceiling rate be indexed to a market rate such as the yield on 30-day Treasury bills? Should institutions be given the option of using a moving average of past T-bill rates as an interest rate ceiling? Should a thrift-commercial bank ceiling differential be imposed? (d) Should the number of third-party transfers be limited? If so, how many transfers per month should be permitted? (2) A $10,000 minimum denom ination time dep osit with an in itial maturity o f 91-days an d a 14-day n otice p e r io d thereafter, an d an in terest rate ceiling tied to the 13-w eek Treasury b ill discount rate. It would be the institution’s option to offer this instrument with the interest rate fixed for periods of 91 days or on a floating rate basis (e.g., set daily or weekly). Depositors would be required to keep their funds on deposit for at least 91 days. Depositors could maintain funds in the account after the initial maturity of 91 days, and the withdrawal of those funds would be subject to a 14day notice requirement. Under this option the institution could offer a fixed or floating rate on the account for the initial 91 days, and a floating rate thereafter. No additions to this account or partial withdrawals from principal would be permitted, and the account would not be permitted to function as a transaction account. In addition to commenting on the desirability of authorizing such an account, respondents are requested to address the following issues: (a) Would this account serve to lessen the outflow of deposits at depository institutions? Would there be substantial shifting from other accounts within the same institution? Ho\v effective would the new account be in attracting new funds? What would be the effect on earnings? (b) Should depository institutions be given the option of using a moving average of past T-bill rates as an interest rate ceiling? Should there be a differential between the thrift and commercial bank ceilings? Should the accounfhave a ceiling rate at all? (c) Should additions or partial withdrawals be permitted after the initial 91-day maturity? If partial 6 withdrawals are permitted, should the balance in the account be permitted to fall below $10,000? Should there be a minimum withdrawal amount, such as $500? Would it be preferable to structure the account so that additional deposits after the first $10,000 would reset the 91day initial maturity? (e) Should the 14-day notice period be required or should depository institutions be permitted to establish alternative maturity dates at least 14 days apart? (3) A $25,000 minimum denom ination accou nt with no in terest rate ceiling, a minimum 1-day n otice requirem ent, an d no additions or w ithdraw als. Comments are requested on the general desirability of this account as well as on the following specific issues: (a) What is the estimated effect of this account on deposit flows (both in terms of internal shifts and expected inflows of deposits) and on earnings? (b) Would a notice requirement of a different length be preferred: seven days? fourteen days? more than fourteen days? Should the imposition of the notice requirement be at the institution’s option, similar to the current rules on passbook accounts? (c) Should there be an interest rate ceiling? If so, should there be a bankthrift differential? Should depository institutions be given the option of using a moving average of past market rates as a ceiling? In addition to addressing the specific short-term instrument proposals, above the Committee requests comments on whether or not a new short-term deposit instrument should be introduced at this time. Respondents are requested to specify their relative preferences for the above instruments, and what modifications, if any, would be desirable. By order of the Committee, October 9, 1981. Stevens L. Skancke, E xecutive Secretary. |FR Doc. 81-20837 Filed KM 4-B1: 8.45 ;im|