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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-