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frrnzz May 30, 1980 To the Addressee: As indicated in this Bank’s Circular No. 8838, we are enclosing copies of the text of the regulatory changes that reflect the actions taken on May 22, 1980, by the Board of Governors of the Federal Reserve System to modify its credit restraint program: (1) Amendment to Subpart A (Consumer Credit) of the Credit Restraint regulation, to reduce the special deposit requirement to an amount equal to 7-1/2 percent of the amount by which a creditor's outstanding covered credit during a month exceeds its base. (2) Amendment to Subpart B (Short Term Financial Intermediaries) of the Credit Restraint regulation, to decrease the special deposit ratio to 7-1/2 percent for creditors subject to this subpart. (3) Amendment Restraint nonmember a covered (4) Amendment to Subpart D (Reports) of the Credit Restraint regulation, to reduce the reporting burden under the program on commercial banks, U.S. branches and agencies of foreign banks, and on finance compa nies and bank holding companies, and to discontinue the reporting requirements for large corporate borrowers. (5) Amendment to Regulation D (Reserves of Member Banks), to decrease the marginal reserve requirement ratio, for member banks, Edge and Agreement Corporations, and certain U.S. branches and agencies of foreign banks, to 5 percent and to increase, generally, a covered institution's managed liabilities base. to Subpart C (Nonmember Commercial Banks) of the Credit regulation, to decrease the special deposit ratio for commercial banks to 5 percent and to increase, generally, bank's managed liabilities base. Additional copies of the enclosures will be furnished upon request. Circulars Division FEDERAL RESERVE BANK OF NEW YORK TITLE 1 2 — CHAPTER SUBCHAPTER A II — -- B O A R D O F BANKS AND BANKING FEDERAL GOVERNORS RESERVE OF [Regulation ( D o c k e t N o. Part 204 — AGENCY: Board of ACTION: Final rul e . SUMMARY: Governors On October to establish an by which total the and Agreement of foreign 6, 8 per 1979, liabilities. of managed exceeds On March 14, requirement ratio managed liabilities base reduction and in balances upon has an an due cent and, of institution EFFECTIVE to be day DATE: total period Division, 20551. SUPPLEMENTARY amended member branches bank 26, and excess No. 29, is and to to cent (and E d g e base by to n o n - U n i t e d other credit the data, marginal an institution's amount residents Based the requirement managed the States institutions. agencies managed the other reserve and of reduce or D amount branches increase and 7 per loans effective Board ratio liabilities to base for period liabilities marginal reserves beginning June outstanding 12, during required 1980, the seven- 1980. Paul Gilbert S. of Part cent the 204) amount and Agreement of foreign of $1 banks billion outstanding 6, 1979, to impose Reserve the Board the System, of a marginal by w h i c h with Assistant General (202/452-3281), the total Corporations) exceeds during whichever Schwartz, Attorney t he F e d e r a l On October (12 C F R T. Pilecki, of G o v e r n o r s on acted cent of of banks States Regulation the cent. CONTACT: or $100 mill i o n , 8838] gross increase managed (and E d g e agencies in or Cir. D 8 per liabilities 1979) [Ref. of greater seven-day INFORMATION: banks assets managed Board Regulation requirement of the INFORMATION Board banking per member on institution's 10 p e r offices to action during (202/452-3625), D. C. This marginal Legal the amended requirement of an the m a r g i n a l 7-1/2 beginning May FOR FURTHER Counsel by of System. of G o v e r n o r s reserve 8 to the recent generally, maintained against of to d e c r e a s e 5 per an 1980, foreign Reserve certain United institution's from evaluation determined Board amount from by Requirements liabilities and the reserve of the SYSTEM MEMBER BANKS Federal cent marginal Corporations) banks t he RESERVE D] OF Reserve of FEDERAL R-0304) RESERVES Marginal THE SYSTEM total Governors reserve managed and United worldwide amount of base period (September (44 liabilities States consolidated the is g r e a t e r Washington, t he institution's 13- F e d . R e g . 60071). -2 - On March ratio 14, 1980, to 10 p e r the cent F e d . R e g . 17924). deposits in denominations less than one year; of less than one required agencies; one with parties year o n U. other and (4) S. sales to r e l a t e d to U. S. the financial, to dampen data, the ratio to Based upon Board has 5 per maintenance period an evaluation This institutions* subject the determined reserve ending September lesser of 26, 21, 1.075 or its a reported May 21, 1980, (107.5 per daily average ending base of cent total September of such liabilities daily average balances week is of managed will an not be 28, liabilities institution period that September loans The 28, offices any into Federal re offices, were office to better excesses thereby during the 8 of serve f or f or will by a net 13-26, 1979. the statement for the an base lender 198 0 , of base the t he an institution period ending institution's the to period amount. be residents of the will reduced the and during such was the liabilities institution's statement and from March a net 13-26, not in gross loans period that liabilities managed by w h i c h (September managed if new managed amount base week $107.5 million such September for period the during example, because institution be multiplied fourteen-day amount institution computation FR 2414d, be an shall institutions The if computation States period liabilities program. fourteen-day then week addition, managed th e continue average requirement reserve 29, if the other In For the 1980, 1980. liabilities million, above t he reserve the credit reserve for of Form 197 9 . base of and other requirement base would $100 million. was amount However, $105 daily base during below 12, to non- U n i t e d lowest during 1980. reduced be increased May June $105 million, liabilities the outstanding to M a y be after new liabilities was place managed base its would foreign than less foreign and banking take for 26, million). 1979, gross from lower balances 1980 due of of entered speculative reserve line total liabilities cannot periods bank liabilities base September $100 The m a n a g e d computation managed average institution base maturities government banking actions beginning May reported on managed 26, S. the m a r g i n a l base liabilities $100 million, times recent t he period its ending managed of the m a r g i n a l liabilities as daily fourteen-day period has to 1979, 1980, maturities original to m a i ntain curb (45 time institutions securities these help on Thursday, managed its m a n a g e d ending Ma y times of of (1) maturities foreign to decrease to a d j u s t computation borrower f r o m U. and member reduction will beginning for a net and from with depository original of original and commodity markets determined Board For total with required credit, the reserve liabilities forces. the was has bank of agency purposes marginal managed borrowings with offices The more reserves borrowings exchange cent. or and the of include offices institutions foreign inflationary base funds agreements of foreign S. Federal residents. expansion in increase t he $100,000 U. Eurodollar loans to Federal government than asset control of from repurchase year acted adjust liabilities (2) to m a i n t a i n (3) than serves; to Managed of not Board and 1979), change during 6, borrower for the -3- the Board deferral to this In o r d e r to achieve for cause of good effective action is These under §§ 461, Act of 601 Effective is § (12 U . S . C . June revised 204.5 s e q .) a n d as 12, taken 1980, the of the (3) . (2) daily average the the beginning exceeds the accordance with the public interest. Board's Reserve regard authority Act (12 U . S . C . International Banking (12 C F R 204.5) bank of i ts period ending States assets by w h i c h reserve shall equal total eight maintain to as 5 per managed days maintenance base branches a g e n c y of in excess against a daily cent of average t he liabilities prior to period determined the and of its $1 billion of in t he during beginning exceeds t he accordance * foreign shall with worldwide maintain 5 per managed days as a daily cent liabilities prior maintenance base banks. total to total eight reserve liabilities (3). of with equal i ts ending seven-day managed subparagraph bank liabilities daily average corresponding agencies a foreign computation period institution's with bank deposits liabilities balance th e * * * * seven-day of 553(b) Regulation D * A member time average b r anch or reserve amount during of * seven-day United States consolidated of the bank's managed A United and § the t he quickly, procedure, Requirements. its computation corresponding subparagraph to 7 of 204.5 * banks. against by w h i c h member section section Reserve Member balance seven-day to Federal action more REQUIREMENTS Marginal (1) amount 5 U.S.C. contrary t he this public 3105). * reserve of pursuant of of notice, follows: RESERVE (f) and 25(a) under § th e provisions are 25 a n d objectives that impracticable 19, et 1978 date actions sections the finds to t he period determined in * * (3) Managed liabilities bas e . D u r i n g the s e v e n - d a y reserve c o m p u t a t i o n p e r i o d b e g i n n i n g M a y 29, 1 9 8 0 , a n d d u r i n g e a c h s e v e n - d a y reserve computation period of a member bank of a foreign or bank ("family") (i) basis, day is base shall be reserve a net period the For ending lesser computation of 1.075, during fourteen-day shall total September t he period times of or the m a n a g e d United States a member borrower multiplied the thereafter, a f a m i l y of be bank determined or family managed 26, t he period daily 1979, ending 21, as and that, on average the fourteen- liabilities liabilities 1980, a daily during its m a n a g e d average base agencies follows: liabilities reported managed ending May liabilities branches base (Form F R of its total September 26, 1979. for 2414d, line managed For base the 8) liabilities each -4 coraputation p e r i o d base of period a member by the beginning bank amount or after family by w h i c h (A) (B) May shall its is lower during than outstanding May to 28, the the during 1980. next was gross and loans gross balances other institutions— deposits limitations base period basis, average of which of of United States credit is 26, resident extended) District of or entity organized other any branch Credit other Columbia; or office extended foreign or more to a United such business of the from the Q pursuant after such May loans difference liabilities liabilities 1979, be less million. the exempt between March and A offices / to 7 p e r i o d e n d i n g S e p t e m b e r 26, 1 9 7 9 , i t s t h e s u m o f it s d a i l y a v e r a g e n e g a t i v e 18/ are Regulation day base s h a l l be time residents— 6, 28, and 1980, shall be 1980, balances and rounded base during than for the an institution fourteen-day $100 m i l l i o n . (ii) For a m e m b e r bank or f a m i l y that, o n a d a i l y a v e r a g e a n e t l e n d e r of total m a n a g e d l i a b i l i t i e s d u r i n g the f o u r t e e n - is $100 of institutions, beginning such liabilities computation $2 m i l l i o n . managed September the foreign 7 or amount the m a n a g e d of managed average from thereof,— representing will borrower ending of computation period amount event due time daily the during to n o n - U n i t e d S t a t e s rate lowest multiple a net daily computation period any The In n o that any lowest 1980, reduced lowest § 217.3(g) outstanding 28, be to any Any State individual of corporation, therein of a foreign branch, office, corporations resident of ("foreign other if foreign any other not or and (c) entity wherever deemed will be affiliates of the t o be used organized. affiliate controlled proceeds the t he association subsidiary, be (at States corporation"); affiliate") will t he residing the U n i t e d partnership, ("domestic located domestic that (a) any therein establishment States or (b) is: in m a n aged liabilities base total managed liabilities in or by o n e credit i ts controlling extended foreign domestic corporation(s). 19/ and Any the banking office District located of C o l u m b i a of outside a the States bank o r g a n i z e d of the U n i t e d S t a t e s under domestic or foreign law. 20/ A foreign the U n i t e d central States and Development exempt Regulation Q bank, or a member, any such international as the (World B a n k ) , International Development Bank, entities is and from (12 C F R other foreign interest rate 2 1 7 . 3 ( g ) (3)). organization International Bank M o n e t a r y Fund, international, limitations or under of for which Reconstruction Inter-American supranational § 217.3(g)(3) of Board of Governors of the Federal Reserve System CREDIT RESTRAINT A M E N D M E N T S TO S U B P A R T S A, B, C, and D (Modification of Credit Restraint Program) [Docket Part 229 - No. R-0300] Credit Restraint [ S u b p a r t A] Consumer AGENCY: Board of ACTION: Final Rule. SUMMARY: program Governors On March 14, (12 C . F . R . 1980, Part that sumer credit to m a i n t a i n equal to of program the 15% during was certain t he to curb of consumer of t he of consumer credit its deposit requirement a consumer creditor's EFFECTIVE FOR credit DATE: FURTHER to an outstanding July INFORMATION (202/452-3274); Counsel would with certain th e creditor's by that be base. in the the equal to Gilbert Division, of Governors creditor's INFORMATION: a increase because growth March, of through the of t he a month t he in t he Board's Board reduce t he restraining trends of The by has the therefore special amount by exceeds which it s base. L. Robert T. E. Egginton, of Mannion, Schwartz, the Attorney Federal Deputy Assistant General General Counsel (202/452-3786); Reserve System, Legal Washington, 20551. SUPPLEMENTARY the covered to In adopting its consumer r e g u l a t i o n , p u r s u a n t to the C r e d i t C o n t r o l A c t (12 a s I m p l e m e n t e d by E x e c u t i v e O r d e r 1 2 2 0 1 , t h e B o a r d amount con Reserve purpose Recent 7 1/2% during 19, of The regulation regulation types outstanding economy appropriate. restraint March Federal modification credit CONTACT: Margaret C. extend credit 17927, 198 0 . or D. Reg. requirement. restraint amount (202/452-3625); Board the covered covered 24, that System. a consumer Fed. pressures indicate credit 45 creditor's deposit regulation amended the Reserve adopted A; deposit which credit special consumer by inflationary growth growth Board creditors exceeds imposition Federal Subpart a special amount a month t he the 229, 1980) credit requires of Credit of trends reduction in t he in c o v e r e d Board covered credit. in c o n s u m e r the ratio credit regarded Since credit to be as that the credit required special amount as appropriate adoption of the have applied led the Board restraint U .S.C. §§ 1 9 0 1-1909) a d o p t e d 15% of a deposit to regulation to in d e t e r m i n i n g conclude the [Ref. Cir. No. 8838] in m i d that special For this Regulation to be complete, retain: 1) Regulation pamphlet entitled “Credit Restraint,” adopted effective March 14, 1980. 2) Subpart D, effective March 28, 1980. 3) Amendment to Subpart B, effective March 28, 1980. 4) Amendments to Subpart A, effective April 2, 1980 and April 14, 1980. 5) This slip sheet. restrain deposit requirement the month July of 24, the is of 1980, month the burden by The good cause 5 U.S.C. to the § Board of comment the its as public § hereby amends by special deposit the will outstanding it is useful notice the deposit period be for beginning equal covered and public while that to credit public this interest maintaining publication purpose. and to in program, possible, regard during 7 1/2% during base. that a the held The Board procedure action are to reduce its of ef this rule therefore provisions unnecessary for of and contrary Act (12 interest. to i ts as substituting of § the (a) Each deposit average amount 229, "7%" reads 229.4 covered equal of Part number 229.4(a) special authority under implemented 12 C . F . R . SECTION its the with 1901-1901), sentence as with special restraint serve that Pursuant U.S.C. the be creditor's believes not 553(b) must creditor's promptly finds of the credit would Beginning which amount which exceeds fectiveness, 1980, the amount the for appropriate. June, to as - by S u b p a r t A, for the set forth creditor credit 12201, "15," July so that the 24, Board 1980, the first below: OF shall cent Control Order effective number MAINTENANCE 7 1/2 per i ts c o v e r e d the C r e d i t Executive of SPECIAL hold t he DEPOSIT a non-interest amount outstanding by during which the bearing t he month exceeds base. * By System, order effective * of the Board May 22, 1980. * of * Govervors (Sign e d ) [SEAL] -2- * of the Federal Reserve Theodore E. Allison Theodore E. Allison Secretary of the B o a r d (Docket No. R-0301) PART 229— CREDIT RESTRAINT [ S u b p a r t B] S h o r t Terra F i n a n c i a l AGENCY: Board of G o v e r n o r s ACTION: Final Rule. SUMMARY: to On March 14, 1980, the C r e d i t C o n t r o l A c t Executive Order 12201 through money market subsequently was of to the F e d e r a l the Board (12 U . S . C . restrain funds amended Intermediaries and other on March adopted §§ the Reserve this 1901-1909) expansion similar 28, System. Subpart as of short Based This upon by terra c r e d i t creditors. 1980. pursuant implemented an Subpart evaluation of r e c e n t c r e d i t data, t he B o a r d has d e t e r m i n e d to d e c r e a s e the s p e c i a l d e p o s i t r a t i o f r o m 15 p e r c e n t t o 7- 1 / 2 p e r c e n t for c r e d i t o r s s u b j e c t to this Subpart. EFFECTIVE to be 1980, FOR DATE: for the FURTHER Counsel INFORMATION Division, 20551. SUPPLEMENTARY term current to by credit 28, 1980 credit ratio by Subpart. from deposits required June 1980, 30, CONTACT: Gilbert L. Daniel for Order (45 Subpart 14, 15 p e r The to Board cent decreased 12201 to Assistant General Reserve Board restrain adopted §§ the System, Washington, this 1901-1909) expansion of similar creditors subsequently was amended by has to Based determined 7-1/2 per ratio will computation upon an for all effective during the period beginning the of special creditors for maintenance June the (45 Board evaluation to d e c r e a s e cent be 30, (202/452-3711), (12 U . S . C . funds June 1980. Schwartz, the required beginning and be m a i n t a i n e d the 16, Attorney 1980, Act F e d . R e g . 23642). the T. deposits period the F e d e r a l through money market This special June Rhoads, of On March Executive for beginning the C r e d i t C o n t r o l data, deposit this effective or INFORMATION: F e d . R e g . 17930). on March is seven-day maintenance B o a r d of G o v e r n o r s pursuant implemented short the (202/452-3625), Legal Subpart action during computation period D.C. as This maintained period 16, covered special beginning 1980. In the Board provisions and order for of contrary good 5 U.S.C. to the Pursuant U.S.C. §§ Restraint to achieve cause § 553(b) public to its the finds objectives that the with of notice regard to this and action more quickly, public these procedure actions are impracticable the C r e d i t C o n t r o l Act (12 interest. authority 1901-1909) the Board regulation (12 C . F . R . under hereby Part amends 229) Subpart B effective of June its C r e d i t 30, 1980, as follows: in its 1. place 2. its place In section 229.14(a)(1), bystriking 229.14(b), striking by May order 23, "15" and and inserting inserting of the B o a r d of G o v e r n o r s of t he F e d e r a l Reserve 1980. (Sign e d ) [ S EAL] "15" "7-1/2". By System, In s e c t i o n "7-1/2". Theodore E. Allison Theodore E. Allison Secretary of the B o a r d in (Docket No. R-0302) PART 229— CREDIT RESTRAINT [ S u b p a r t C] Nonmember AGENCY: Board of ACTION: Final rule. SUMMARY: Pursuant as implemented on March the by Based to the the System Federal of upon an equal of recent increase, Reserve Act System. (12 U . S . C . Board banks that are not members to of 10 per of cent those banking credit and deposit an t he banks during generally, 1901-1909) provisions bearing outstanding special §§ adopted a non-interest liabilities the Banks the commercial liabilities to d e c r e a s e and 12201 to m a i n t a i n Reserve evaluation cent Federal Control Order managed such m a n a g e d t he Credit requiring total determined 5 per to of Executive 1980, the of by Reserve with which amount has 14, Federal deposit Governors Commercial ratio amount exceeds a base data, from institution's of special the period. the Board 10 per managed cent liabilities base. EFFECTIVE required DATE: to day period May 29, be beginning FOR FURTHER L. INFORMATION Rhoads, of the SUPPLEMENTARY Subpart be nonmember 12, 1980, implemented Reserve System Federal to the effective for commercial for the Gilbert Pilecki, the banks special for computation Reserve System, On March 14, Credit Control 12201 banks that to m a i n t a i n the equal of outstanding a covered a to nonmember bank special 10 p e r bank during Legal 1980, (45 are the period deposit sevenbeginning of exceeded a net Assistant General (202/452-3281), Division, the D.C. Board (12 U . S . C . §§ Board members the adopted the period. borrower amount of Federal deposit with managed such m a n a g e d Additionally, of This the by w h i c h of this 1901-1909) bearing total or of 20551. F e d . R e g . 17932). not non-interest cent a base that was Schwartz, Washington, Act Order Reserve T. Attorney (202/452-3711), Executive liabilities S. commercial liabilities requires Paul Attorney by requires Federal CONTACT: INFORMATION: pursuant Subpart the by June (202/452-3625), Governors as amendment will 1980. Counsel Daniel This maintained managed this Subpart liabilities during its the base fourteen-day by an domestic offices. based the on States residents beginning down to daily Subpart banks does not (12 C . F . R . are § Board subject cent be to March deposit s u m of from of 1980. That of States upon an United this be and the branches bank of 10 p er and then other rounded of in e x c e s s reserve from This agencies assets is any computation period. branches recent the is banking special cent effective period of subtracted base from to n o n - U n i t e d for is reduce period offices lending difference States to for seven-day period computation loans foreign such f or to lending foreign of $1 requirements and agencies of Subpart. to d e c r e a s e from gross Board's marginal evaluation Subpart the to 1980, foreign computation $2 m i l l i o n liabilities Other 12, its its due the subject in total subject to March any given consolidated f or corresponding 19, multiple to U n i t e d ratio will maintained the gross managed determined this for world-wide are has ending reduction balances lowest 204.5(f)). banks Based the between lower of the adjustment apply total that foreign after largest period for gross the average with billion and and week the The difference institutions, the base adjustment 5 per special beginning the and credit deposit ratio cent. The data, f or new deposits required June 1980. seven-day 12, period banks 5 per to The beginning May covered banks 29, 1980. The to m a k e For a covered excess day be Board has a one-time of period multiplying by 7-1/2 12, per beginning was period a net ending March million may not daily average balances week is due lower balances was than 28 The managed loans foreign the 13, base of 12, will liabilities base will 1980, of by 1.075. will by 2412d for However, during on M a r c h 12, the a fourteen- 1980, was for statement -6- any The such base during reduced that February bank's t he loans week for an statement and f or institution the base period below $100 million. was 28 in the and gross during or a bank period residents of 1980. be reduced by w h i c h amount liabilities not to be amount institutions period 28, continue States average will the base determined f o r m F.R. by the other base change during be in fourteen- base. to M a y managed 1980) not base the liabilities 8 of base. liabilities during liabilities whose daily the 1980 liabilities will 1980, to n o n - U n i t e d lowest borrower - March 28, offices during from March a net (February gross outstanding period that of from its May 15, certain managed base line managed liabilities after new May 1980, increase The m a n a g e d periods 12, of of basis its m a n a g e d reported on borrower allow managed borrower The period to their average 1980, cent. computation computation of a net base that in a daily bank's $100 the was on the bank day that million determined increase ending March increased the bank $100 also only a net - March lender 12, 198 0 . In order to achieve the objectives of this action more quickly, the Board for good cause finds that the notice, public procedure, and deferral of effective date provisions of 5 U.S.C. § 553(b) with regard to these actions are impracticable and contrary to the public interest. Pursuant to its authority under the Credit Control Act (12 U.S.C. §§ 1901-1909), the Board hereby amends Subpart C of its Credit Restraint regulation (12 C.F.R. Part 229) effective June 12, 1980, as follows: SECTION 229.24— MAINTENANCE OF SPECIAL DEPOSIT (a) During the seven-day maintenance period beginning June 12, 1980, and each deposit maintenance period thereafter, each covered bank shall maintain a non-interest bearing special deposit equal to 5 per cent of the amount by which the daily average of its total managed liabilities during the seven-day computation period ending eight days prior to the beginning of the corresponding seven-day maintenance period exceeds its managed liabilities base as determined in accordance with paragraph (b). * * * (b) Managed liabilities base. During the seven-day deposit computation period beginning May 29, 1980, and during each seven-day deposit computation period thereafter, the managed liabilities base of a covered bank shall be determined as follows: (1) For a covered bank that, on a daily average basis, was a net borrower of total managed liabilities during the fourteen-day base period ending March 12, 1980, its base for the computation period beginning May 29, 1980, shall be equal to its base reported for the computation period beginning May 15, 1980 (as reported on line 8 of form F.R. 2412d) multiplied by 1.075. However, a covered bank whose base has never exceeded $100 million shall not multiply its base by 1.075. The managed liabilities base of a covered bank shall be reduced by the amount by which its lowest daily average of 3/ (A) gross loans to non-United States residents— and 3/ A United States resident is: (a) any individual residing (at the time the credit is extended) in any State of the United States or the District of Columbia; (b) any corporation, partnership, association or other entity organized therein ("domestic corporation"); and (c) any branch or office located therein of any other entity wherever organized. Credit extended to a foreign branch, office, subsidiary, affiliate or other foreign establishment ("foreign affiliate") controlled by one or more such domestic corporations will not be deemed to be credit extended to a United States resident if the proceeds will be used in its foreign business or that of other foreign affiliates of the controlling domestic corporation(s). -7 - (B) gross balances due from foreign offices of other institutions— or institutions the time deposits of which are exempt from the rate limitations of Regulation Q pursuant to § 217.3(g) thereof,— outstanding during any computation period beginning after May 28,1980, is lower than the lowest daily average amount of such loans and balances outstanding during the base period or any computation period between March 13, 1980 and May 28, 1980. The amount of the reduction shall be rounded down to the largest lower multiple of $2 million. However, in no event will the managed liabilities base for a covered bank that was a net borrower of managed liabilities during the fourteen-day base period ending March 12, 1980, be less than $100 million. (2) For a covered bank that, on a daily average basis, is a net lender of total managed liabilities during the fourteenday base period ending March 12, 1980, its managed liabilities base shall be the sum of its daily average negative total managed liabilities and $100 million. 4/ Any banking office located outside the States of the United States and the District of Columbia of a bank organized under domestic or foreign law. 5/ A foreign central bank, or any international organization, of which the United States is a member, such as the International Bank for Reconstruc tion and Development (World Bank), International Monetary Fund, InterAmerican Development Bank, and other foreign international, or supranational entities exempt from interest rate limitations under § 217.3(g)(3) of Regulation Q (12 C.F.R. § 217.3(g)(3)). By order of the Board of Governors of the Federal Reserve System, May 27, 1980. (Signed) Theodore E. Allison Theodore E. Allison Secretary of the Board [SEAL] (Docket No. R-0303) PART 229-CREDIT RESTRAINT [Subpart D] Reports Under Special Credit Restraint Program AGENCY: Board of Governors of the Federal Reserve System. ACTION: Final rule. SUMMARY: Pursuant to the Credit Control Act (12 U.S.C. §§ 1901-1909) as implemented by Executive Order 12201, under its Special Credit Restraint Program issued on March 14, 1980, the Board has amended its regulation to enable it to reduce the reporting burden on U.S. commercial banks, and U.S. branches and agencies of foreign banks, finance companies, U.S. bank holding companies, and to discontinue the reporting require ments for large corporate borrowers. EFFECTIVE DATE: May 27, 1980. FOR FURTHER INFORMATION CONTACT: Gilbert T. Schwartz, Assistant General Counsel (202/452-3625), Bronwen Mason, Senior Attorney (202/452-3564) Legal Division, or Eleanor J. Stockwell, Senior Deputy Associate Director (202/452-3651), Division of Research and Statistics, Board of Governors of the Federal Reserve System, Washington, D.C. 20551. SUPPLEMENTARY INFORMATION: On March 14, 1980, the Board announced a Special Credit Restraint Program designed to encourage lenders and borrowers, in their individual credit decisions, to take specific account of the overall aims and quantitative objectives of the Federal Reserve in restraining growth in money and credit generally. While compliance with the Program guidelines is on a voluntary basis, the Board instituted a reporting program, as authorized by section 1-104 of Executive Order 12201, to monitor developments in the credit markets and compliance with the Program. Under this reporting program the affected lenders were required to provide data periodically concerning types and amounts of outstanding loans and selected corporations were required to provide data on certain types of borrowing. (45 Fed. Reg. 22883) . Based on an evaluation of recent banking and credit data, on May 22, 1980, the Board announced that it would reduce the reporting burden on U.S. commercial banks, U.S branches and agencies of foreign banks, finance companies, and U.S. bank holding companies, which should now file reports on a bimonthly basis. In addition, the Board stated that it would discontinue reports by large corporate borrowers. The first quarterly report for intermediate size banks due in June, will be simplified, and the need for subsequent reports will be evaluated after that checkpoint is passed. In order to achieve the objectives of this action more quickly the Board for good cause has determined that the notice and public procedure provisions of 5 U.S.C. § 553(b) with regard to this action are not in the public interest, and will not be followed. Pursuant to its authority under the Credit Control Act (12 U.S.C. §§ 1901-1909) as implemented by Executive Order 12201 the Board has amended sections 229.33 and 229.34 of Subpart D of its Credit Restraint Regulation (12 C.F.R. § 229) to read as follows: SUBPART D - Reports under Special Credit Restraint Program * * * * * SECTION 229.33— REPORTS BY LARGE LENDERS (a) Large Commercial banks. Each U.S. commercial bank having U.S. consolidated assets of $1 billion or more shall file such reports on its activities as may be required by the Board from time to time on forms prescribed by the Board in accordance with the instructions thereto. (b) U.S. agencies and branches of foreign banks. Each family of U.S. offices of a foreign bank having worldwide banking assets of more than $1 billion monthly shall file such reports on its activities as may be required by the Board from time to time on forms prescribed by the Board in accordance with the instructions thereto. (c) U.S, bank holding companies. Each U.S. bank holding company with U.S. consolidated financial assets of $1 billion or more shall file such reports on its activities as may be required by the Board from time to time on forms prescribed by the Board in accordance with the instructions thereto. (d) U.S. finance companies. Each U.S. finance company with total business receivables outstanding (that is, all loans excluding those made for personal, family or household uses) of $1 billion or more shall file such reports on its activities as may be required by the Board from time to time on forms prescribed by the Board in accordance with the instructions thereto. -1 0 - SECTION 229.34— REPORTS BY INTERMEDIATE-SIZED COMMERCIAL BANKS Each U.S. commercial bank with U.S. consolidated assets of $300 million or more but less than $1 billion shall file such reports on its activities as may be required by the Board from time to time on forms prescribed by the Board in accordance with the instructions thereto. Board of Governors of the Federal Reserve System, effective May 27, 1980. Theodore E. Allison Secretary of the Board [SEAL] -11-