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FEDERAL RESERVE BANGC
OF MEW YORK

d ra ft M> 9?¥-£
November 7, 1985

BOARD OF GOVERNORS9 SEMIANNUAL REGULATORY AGENDA
OCTOBER 1, 1985 — APRIL 1, 1986

To A ll Depository Institutions
in the Second Federal Reserve District:

The Board of Governors of the Federal Reserve System has published, in the
Federal Register of October 29, 1985, its Semiannual Regulatory Agenda for the
period October 1, 1985 through April 1, 1986. The Agenda provides information
on those regulatory matters that the Board now has under consideration or antic­
ipates considering over the next six months. It is divided into three parts: (1)
regulatory matters that have been proposed and are under Board consideration, and
other regulatory matters that the Board may consider for public comment during
the next six months; (2) major regulatory reviews in progress under the Board’s
Regulatory Improvement Project scheduled over the next 12 months; and (3)
regulatory matters that the Board has completed or is not expected to consider fur­
ther.
Enclosed, for those who have requested it, is a copy of the Agenda, which has
been reprinted from the Federal Register. It will be provided to others upon re­
quest directed to the Circulars Division of this Bank (Tel. No. 212-791-5216).
Comments regarding any of the Agenda items should be submitted directly to
the Board of Governors.




E.

G

er ald

C

o r r ig a n

,

P resident.




Tuesday
October 29s 1985

Part Li IS

Federal Reserve
System
Semiannual Regulatory Agenda

F ed eral R egister / Vol. 50, No. 209 / T u esday, O cto b er 29, 1985 / U nified A genda

44950
FRS

FEDERAL RESERVE SYSTEM!

12 CFR Gh. IS
Semiannual Regulatory Flexibility
Agenda

A©EN6Y: Board of Governors of the
Federal Reserve System.
ACTION: Semiannual agenda.

SUMMARY: The Board is issuing this
Agenda under the Regulatory Flexibility
Act and the Board’s Statement of Policy
Regarding Expanded Rulemaking
Procedures. The Board anticipates
having under consideration regulatory
matters as indicated below during the
period from October 1,1985 through
April 1,1986. The next Semiannual
Agenda will be published in April 1986.

Comments about the form or
content of the Agenda may be submitted
any time during the next six months.
a d d r e s s : Comments should be
addressed to William W. Wiles,
Secretary of the Board, Board of
Governors of the Federal Reserve
System, Washington, D.C. 20551.
FOR FURTHER INFORMATION CONTACT: A
staff contact for each item is indicated
with the regulatory description below.
SUPPLEMENTARY INFORMATION: The
Board is publishing its October 1985
Agenda as part of the October 1985
Unified Agenda of Federal Regulations,
which is coordinated by the Office of
Management and Budget under
Executive Order 12291. Participation by
the Board in the Unified Agenda is on a
voluntary basis.
The Board’s Agenda is divided into
three sections. The first, Current and

DATE:

Projected Rulemakings, reports on
regulatory matters that have been
proposed and are under Board
consideration, and other regulatory
matters (designated by a plus sign (+))
the Board may consider for public
comment during the next six months.
The second section, Existing Regulations
Under Review, reports on any major
regulatory reviews under the Board’s
Regulatory Improvement Project that are
scheduled for the next 12 months. A
third section, Completed Rulemaking,
reports on regulatory matters the Board
has completed or is not expected to
consider further.
A dot (©) preceding an entry indicates
a new matter that was not a part of the
Board’s previous Agenda, and which the
Board has not completed.
Barbara R. Lowrey,

Associate Secretary of the Board.

Current and Projected Rulemakings
S e­
que nce
N um ber
3819
3820
3821
3822
3823
3824
3825
3826
3827
3828
3829
3830
3831
3832

T itle

R egulation: B - Equal C redit O pportunity (D o cket N um ber: R -0 5 4 1 )...................................................................................................
- f R egulation: D - R eserve R equirem ents o f D ep o sito ry Institutions and R egulation: Q - In te re st o n D e p o s its ...................
R egulation: J - C o lle c tio n o f C hecks and O th e r Item s and W ire T ra n sfe rs o f F un d s....................................................................
R egulation: K - International Banking O pe ra tio n s (D o cket N um ber: R -0 55 0 )...................................................................................
R egulation: Q - Interest on D eposits (D o cket N um ber: R -0 5 1 4 )...........................................................................................................
+ R egulation: Q - In te re s t on D e p o s its .........................................................................................................................................................
+ R egulation: U - C redit by B anks For T he P urpose o f P urchasing or C arrying M argin S to cks (D o cke t N um ber: R0 5 1 0 ).............................................................................. .......................................................................................................................................
R egulation: Y - Bank H olding C om panies and C hange in Bank C ontrol (D o cket N um ber: R -0 5 1 1 )........................................
R egulation: Y - B ank H olding C om panies and C hange in Bank C o n tro l (D o cket N um ber. R -0 4 9 1 )........................................
+ R egulation: Y - B ank H olding C om panies and C hange in Bank C o n tro l......................................................................................
R egulation: Y - Bank H olding C om panies and C hange in Bank C ontrol (D o cket N um ber: R -0 5 3 7 )........................................
R egulation: Y - Bank H olding C om panies and C hange in Bank C ontrol (D o cket N um ber: R -0 5 3 6 )........................................
R egulation: Z - T ruth in Lending (D o cket N um ber R -0 5 4 5 )...................................................................................................................
F urther P roposals to R educe R isks on Large-D ollar W ire T ra n sfe r S ystem s (D o cket N um ber: R -0515A , R -0515B , R0 5 1 5 C ) ..................................................................................................................................................................................................................

R egulation
Identifier
N um ber
7100-A A 28
7100-A A 57
7 1 00-A A 55
7100-A A 58
7 1 00-A A 36
7 1 00-A A 56
7 1 00 -A A 3 8
7 1 00-A A 17
71 0 0-A A 4 0
7100-AA 41
7 1 00-A A 52
7100-AA 51
7 1 0 0-A A 5 0
710 0-A A 5 9

4- Indicates regulatory matter the Board may consider for public comment.

Existing Regulations Under Review
Se­
quence
N um ber
3833




T itle

R egulatory Im pro ve m e n t P ro je c t.....................................................................................................................................................................

R egulation
Identifier
N um ber
7100-A A 14

F ed eral R egister / Vol. 50, No. 209 / T u esd ay , O cto b er 29, 1985 / U nified A genda

44951

FRS

Com pleted Actions
S e­
que nce
N um ber
3834
3835
3836
383 7
3838
383 9
384 0
3841
384 2
3843

R egulation
Ide ntifie r
N um ber

Title

R egulation: F - S ecurities o f S ta te M em b e r B a n k s ..................................................................................................................................
R egulation: G - S ecurities C redit by P ersons o th er than Banks, B rokers, or D ealers (D o cket Num ber: R -0 5 2 9 )................
R egulation: K - International B anking O perations (D o cket N um ber. R -0 49 8 )..................................................................................
R egulation: K - In ternational B anking O perations (D o cket N u m b e r R -0 52 0 )..................................................................................
R egulation: T - C redit by B rokers and D ealers (D o cket Num ber: R -0 5 3 8 ).......................................................................................
R egulations: Y - B ank H olding C om panies and C hange in B ank C ontrol; R egulation: H - “ S tate Bank M em b e rsh ip ” ;
and R ules o f P ractice fo r H earings (D ocket N u m b e r R -0 52 6 )...........................................................................................................
R egulation: A A - U nfair o r D eceptive A c ts or P ractices (D o cket N u m b e r R -0 0 0 6 )......................................................................
R egulation: A A - U nfair or D eceptive A cts o r P ra c tic e s ..........................................................................................................................
R egulation: Equal E m ploym ent O pportunity (D o cket Num ber: R -0 5 2 7 ).............................................................................................
P olicy S ta te m e n t on R isks on Large-D ollar T ra n sfe r S ystem s (D o cket N um ber: R -0 5 1 5 )..........................................................

FED ER AL RESERVE SYSTEM (FRS)

Legal Authority:

15

USC

1691b

A c tio n
Equal

C redit O pportu n ity A c t

CFR Citation: 12 CFR 202
Abstract: In March 1985, the Board

published for comment proposed
revisions to Regulation B (50 FR 10890,
March 18, 1985). The proposal stems
from the Board’s commitment to review
its regulations every five years. The
review of Regulation B focussed on how
the regulation could be clarified, and
whether any burdens on creditors could
be reduced without diminishing
consumer protections.
The proposal contains some technical
changes, including a streamlined
procedure dealing with incomplete
applications and a broader selection of
sample forms for informing applicants
of the reasons for a credit denial. The
proposal also would change the data
notation requirements applicable to
residential mortgage transactions and
revise the definition of “applicant” to
give a guarantor (who already has
certain protections under Regulation B)
legal standing in the courts when there
is an alleged violation of the regulation.
The Board is also publishing for
comment an official staff commentary
that would replace existing staff and
Board Interpretations.
The proposal would apply to all
creditors equally. Small (cont)




7 1 00-A A 45
7 1 00-A A 42
7 1 00-A A 49
7 1 00-A A 46
7 1 00-A A 47

C u rre n t and P ro je c te d R ule m a king s
Timetable:

3819. REGULATION: B - EQUAL
CREDIT OPPORTUNITY (DOCKET
NUMBER: R-0541)

7 100-A A 32
7 100-A A 54
7 100-A A 35
7100-A A 44
7 1 00-A A 53

D a te

AN P R M
Propose sp e cific
revisions fo r
co m m e n t
F urther B oard
actio n by

0 6 /2 1 /8 3 48
0 3 /1 8 /8 5 50

FR C ite
FR 28285
FR 10890

1 0 /0 0 /8 5

Small Entity: No
Additional Information: ABSTRACT

CONT:creditors will incur some
additional burden in complying with the
expanded monitoring data
requirements, but the shortening of the
regulation and the clarification and
streamlining of other rules such as
treatment of incomplete applications,
should reduce some burdens and the
addition of a staff commentary and
sample notice forms should make
compliance easier for small creditors.
The Board will review the comments
and take further action within the next
two months.
Agency Contact: John Wood, Senior
Attorney, Federal Reserve System,
Division of Consumer and Community
Affairs, 202 452-2412
RIN: 7 1 0 0 -A A 2 8

Timetable:
A c tio n
B oard w ill
co n sid e r
issuing fo r
com m ent a
p roposal to
am end
R egulations D

D a te

FR C ite

1 0 /0 0 /8 5

and Q by

Small Entity: N o

Additional Information: ADDITIONAL
AGENCY CONTACT: Daniel L. Rhoads,
Attorney, Legal Division, (202) 452-3711.
Agency Contact: John Harry Jorgenson,
Senior Attorney, Federal Reserve
System, Legal Division, 202 452-3778
RIN: 7 1 0 0 -A A 5 7

3820. © + REGULATION: D - RESERVE
REQUIREMENTS OF DEPOSITORY
INSTITUTIONS AND REGULATION: Q INTEREST ON DEPOSITS
Legal Authority:

12 USC 371b; 12 USC

461(b)

CFR C ita tio n :

A bstract: On March 31,1986, the
authority' transferred to the Depository’
Institutions Deregulation Committee
expires, and interest paid on deposits
will generally no longer be subject to
regulation. The Board will consider
amending its Regulations D and Q to
reflect this expiration and to-make
other technical changes. It is expected
that any changes in the regulations will
not have a significant adverse effect on
small entities.

12 CFR 204, 12 CFR 217

3821. REGULATION: J - COLLECTION
OF CHECKS AND OTHER ITEMS AND
WIRE TRANSFERS OF FUNDS
Legal Authority: 12 USC 342 F ederal R e ­
serve Act; 12 USC 248(o) F ederal R eserve
Act; 12 USC 360 Federal R eserve Act; 12
USC 246(i; Federal

Reserve Ac;

CFR Citation: 12 CFR 210

44952

Federal Register / Vol. 50, No. 209 / T u esd ay , O cto b er 29, 1985 / U nified A genda

Abstract: In March 1985, the Board
issued for public comment proposed
amendments to Regulation J intended to
clarify certain issues that have arisen
regarding Federal Reserve payments
mechanism activities (50 FR 12310,
March 28,1985). The proposed
amendments include (1) permitting the
owner or other subsequent holder
injured by a Reserve Bank’s alleged
failure to exercise ordinary care in
handling a check to bring suit against
the Reserve Bank; (2) establishing a
two-year limitation for actions against a
Reserve Bank for alleged mishandling
of the collection of checks or processing
wire transfers and for actions against
payor institutions for failure to follow
the notification of nonpayment
requirements; (3) permitting Reserve
Banks to require any prior indorser to
defend a suit even if the Reserve Bank
has not been sued directly; (4)
authorizing depository institutions to
deposit with Reserve Banks for
collection checks drawn on institutions
in foreign countries where Reserve
Banks have made arrangements for
their collection; (5) clarifying that
Reserve Banks are not liable for
consequential damages in handling wire
transfers; (6) adding the northern
Mariana Islands to the Twelfth (cont)
Timetable;
Action
B oard requested
com m ent
F urther B oard
actio n by

Date
0 3 /2 8 /8 5

FR Cite
50 FR 12310

1 0 /0 0 /8 5

Small Entity: No
Additional Information; ABSTRACT

3822. • REGULATION: K INTERNATIONAL BANKING
OPERATIONS (DOCKET NUMBER: R0550)
Legal Authority: 12 U SC 611 et seq
CFR Citation: 1 2 C F R 2 1 1
Abstract: In August 1985, the Board

published for comment proposed
regulations that would restrict lending
by an Edge Corporation to its affiliates
where the Edge Corporation is not
subject to the restrictions of section
23A of the Federal Reserve Act (12 USC
371c) by virtue of being owned by a
U.S. insured bank (Federal Register cite
unavailable). In taking this action, the
Board noted the increasing number of
owners of Edge Corporations that are
not subject to federal banking
supervision and the potential adverse
effects that might result from such
affiliations, such as the impairment of
the Edge’s ability to act as an impartial
arbiter of credit. The Board requested
comment on the effect of the proposal
on existing Edge Corporations,
especially those owned by foreign
banks and whether any exemptions
from the restrictions are appropriate.
It is not expected that the proposal
would have a significant economic
impact on a substantial number of
small businesses, because it applies
only to organizations involved in
international banking. The Board will
review the public comments and take
further action within the next six
months.
Timetable:
Action

CONT: District for check collection
purposes; and (7) clarifying the
definitions in subpart A by
incorporating by reference definition of
the Uniform Commercial Code.

B oard pro p o se d
revisions to
R egulation K
F urther B oard
a ctio n by

It is not expected that the proposals
will have a significant economic impact
on a substantial number of small
entities. The Board will review the
public comments and take further
action within the next two months.

Small Entity: No

Agency Contact: Joseph R. Alexander,

Attorney, Federal Reserve System,
Legal Division, 202 452-2489
RIN: 7 1 0 0 -A A 5 5




Date

FR Cite

0 8 /1 4 /8 5

0 2 /0 0 /8 6

deposits to incorporate a policy
statement concerning advertisements
for split rate time deposits and for
deposits used as Individual Retirement
Account (IRA) investments (49 FR
11642, March 27, 1984). Under the
proposal, in the case of a split rate
account where a schedule of fixed rates
to be paid is established in advance
and the first rate to be paid is higher
than subsequent rates, the Board w ould
regard any advertisement of a rate as
misleading unless the advertisement
includes each rate to be paid in equal
size type together with a conspicuous
statement as to how long each rate will
be in effect and a conspicuous
statement of the average effective
annual yield. In addition,
advertisements should refer to IRAs as
“tax deferred” and not as “tax exempt”
or “tax free.” The proposal would not
adversely affect small businesses
because no additional reporting or
recordkeeping requirements are
imposed.
The Board will review the public
comments and is expected to take
further action at the same time it
considers updating (cont)
Timetable:
Action
B oard p ro p o se d
a m e n d m e nts
N e xt B oard
a c tio n by

Date
0 3 /2 7 /8 4

FR Cite
4 9 FR 11642

1 0 /0 0 /8 5

Small Entity: No
Additional Information: ABSTRACT

CONT: and incorporating all the
Board’s existing requirements governing
advertisement of interest on deposits.
(See RIN: 7100-AA56).
Agency Contact: Daniel L. Rhoads,
Attorney, Federal Reserve System,
Legal Division, 202 452-3711
RIN: 7 1 0 0 -A A 3 6

Agency Contact: Kathleen O’Day,

Senior Attorney, Federal Reserve
System, Legal Division, 202 452-3786

3824. + REGULATION: Q - INTEREST
ON DEPOSITS

RIN: 710Q -A A 58

Legal Authority: 12 U SC 371 b
CFR Citation: 12 CFR 217

3823. REGULATION: Q - INTEREST ON
DEPOSITS (DOCKET NUMBER: R-

0514)
Legal Authority: 12 USC 371 b
CFR Citation: 12 CFR 217

A bsiract: In March 1984, the Board
proposed amendments to its rules
concerning advertising interest on

A bstract: In March 1984, the Board
proposed amendments to its rules
concerning advertising interest on
deposits to incorporate a policy
statement regarding advertisements for
split-rate time deposits and for deposits
used as Individual Retirement Account
investments. (See entry RIN: 7100-

F ed eral R egister / Vol. 50, No. 209 / T u esday, O cto b er 29, 1985 / U nified A genda
(FRS

C urrent and Projected Rulemakings

AA36). In response to comments
received in that proceeding, the Board
may consider whether to propose
amending Regulation Q further in order
to update and incorporate all the
Board’s existing requirements governing
advertisement of interest on deposits.
The Board might also request comment
on whether additional requirements are
necessary to provide depositors with
accurate and adequate information in
advertisements or at the time of
opening an account. It has been
suggested by some that such new
requirements should be imposed to
enable depositors to evaluate the many
deposit options now available as a
result of deregulation of interest rates.
If the Board proposes any new rules,
they are not likely to be severe nor to
require reporting or recordkeeping.
Therefore, it is expected that any such
proposals would not have a significant
adverse effect on small entities.
Timetable:
Action

Date

FR Cite

and Dealers). In particular, the
petitioner has requested the Board to
change, if necessary, what is perceived
to be a regulatory disparity between the
treatment of banks and broker-dealers
with respect to the financing of options
transactions. This action may not be
necessary if litigation upholds recent
Securities and Exchange Commission
Rule 3b-9 (17 CFR 240.3b-9), effective
January 1, 1986, which requires a bank
to conduct these activities through a
broker-dealer subject to Regulation T.
It is not anticipated that this proposal
would affect a significant portion of the
overall lending activities of a
substantial number of small firms.

armored car services; 5. tax planning
and tax preparation; and 6. operating a
credit agency and credit bureau.
Consumer financial counseling, check
guaranty services and limited types of
tax preparation have been permitted
previously by Board order on individual
applications.
In addition the Board has proposed to
expand the activities of property
appraisal and providing advice in
connection with future commission
merchant activities. These activities
have been included previously in the
list of permissible activities (cont)

Timetable:

Action

Action
B oard m ay
review a
p roposal to
am end
R egulation U
by

Date

FR Cite

0 6 /0 0 /8 6

Small Entity: No
B oard w ill
co n sid e r
issuing fo r
com m ent a
p roposal to
am end
R egulation Q
by

1 0 /0 0 /8 5

Small Entity: No
Additional Information: ADDITIONAL
AGENCY CONTACT: Daniel L. Rhoads,
Attorney, Legal Division, (202) 452-3711

Additional Information: ADDITIONAL

AGENCY CONTACT: Susan S.
Meyers, Securities Regulation Analyst,
Division of Banking Supervision and
Regulation, (202) 452-2781.
Agency Contact: Laura Homer,

Securities Credit Officer, Federal
Reserve System, Div. of Banking
Supervision and Regulation, 202 4522781
RIN: 7 1 0 0 -A A 3 8

Agency Contact: John Harry Jorgenson,

Senior Attorney, Federal Reserve
System, Legal Division, 202 452-3778
RIM: 7100-AA56
3825. + REGULATION: U - CREDIT BY
BANKS FOR THE PURPOSE OF
PURCHASING OR CARRYING MARGIN
STOCKS (DOCKET NUMBER: R-0510)
Legal Authority:

15 USC 78g S ecurities
E xchange A c t o f 1934, as am ended; 15 USC
7 8w Securities E xchange A c t o f 1934, as
am ended
CFR

44953

Citation: 12 CFR 221

Abstract: In 1985 or 1986, the Board
may review a proposal submitted on
behalf of a banking institution calling
for an amendment to Regulation U that
would permit banks to extend credit for
options transactions in the same
manner that broker-dealers may do so
under Regulation T (Credit by Brokers




3826. REGULATION: Y - BANK
HOLDING COMPANIES AND CHANGE
IN BANK CONTROL (DOCKET
NUMBER: R-0511)
Legal Authority:

12 USC 1843(c)(8) Bank
H olding C om pany A ct

CFR Citation: 12 CFR 225
Abstract: In March 1984, the Board

proposed for public comment an
amendment to Regulation Y that would
list certain additional nonbanking
activities as generally permissible for
bank holding companies under section
4(c)(8) of the Bank Holding Company
Act and in which bank holding
companies may seek Board approval to
engage (49 F R 9215, March 12, 1984).
The activities proposed to be included
in Regulation Y for the first time
in c lu d e : 1. c o m m o d i t y t r a d in g a d v i s o r y

services; 2. check guaranty services; 3.
consumer financial counseling; 4.

Timetable:

B o a rd requested
co m m e n t
F urther Board
actio n by

Date
0 3 /1 2 /8 4

FR Cite*V
I
49 FR 9215

0 1 /0 0 /8 6

Small Entity: No
Additional Information: ABSTRACT

CONT; in Regulation Y, although in a
more restricted manner.
The Board has also proposed to define
and clarify the insurance agency and
underwriting activities generally
permissible for bank holding companies
so as to conform the regulation to Title
VI of the Gam-St. Germain Depository
Institutions Act, which was adopted in
October 1982.
Adoption of the proposal would ena'ble
bank holding companies to engage in
additional activities and would impose
no additional burden on any bank
holding company.
The Board will review the comments
and is expected to take further action
within the next four months.
Agency Contact: James Scott, Attorney,
Federal Reserve System, Legal Division,
202 452-3513

RIN:

7 1 0 0 -A A 1 7

3827. REGULATION: Y - BANK

HOLDING COMPANIES AND CHANGE
IN BANK CONTROL (DOCKET

NUMBER: R-0491)
Legal Authority:

12 USC 1843(c)(8) Bank
H olding C om pany A ct

CFR Citation: 12 CFR 225
Abstract: In November 1983, the Board

published for comment a proposal to
e l i m i n a t e t h e requirement in Regulation
Y t h a t bank holding c o m p a n i e s
engaging in credit life and credit

44954

F e d e ra l R egister / Vol. 50, No. 209 / T u esd ay , O cto b er 29, 1985 / U nified A genda

FRS

Current and Projected Rulem akings

accident and health insurance
underwriting provide rate reductions or
increased policy benefits in order to
engage in this activity (48 FR 53125,
November 25, 1983.) The Board took
this action as a result of the suggestions
of several commenters to the Board’s
recent revision of Regulation Y, who
advocated elimination of the rate
reduction requirement from the
regulation. These commenters stated
that in their view the requirement puts
bank holding companies at a
competitive disadvantage with respect
to other providers of this service, and
that the potential adverse effects on the
public that prompted the Board to
impose this condition in 1972 have not
been realized. This proposal, if adopted,
would relax the regulatory requirements
on bank holding companies which
engage in this activity.
The Board will review the public
comments and is expected to take
further action within the next four
months.

subsidiaries regarding activities
permissible for such banks under
federal law.) The Board received
comments on this provision in
connection with its general request for
comments in May 1983 regarding the
proposed revision of Regulation Y.
Some of the commenters challenged the
Board’s authority to issue this
provision, although it has been part of
Regulation Y since 1971. In taking final
action on the revision of Regulation Y,
the Board deferred consideration of the
comments on this provision and
allowed the existing rule to remain in
effect in the interim (49 FR 794, January
5, 1984).
The Board plans to review this
provision of the regulation in the near
future. A determination to reverse the
rule could have an adverse impact on
many small banks that are subsidiaries
of holding companies because they
might be required to (cont)

to authorize or limit the conduct of real
estate investment activities by bank
holding companies and their nonbank
subsidiaries (50 FR 4519, January 31,
1985). The Board has not proposed a
specific regulation at this time, and has
only requested comment on the general
question of whether, and in what
direction Board regulation in this area
is appropriate. In file event the Board
determines to propose a regulation in
this area, the public will be invited to
comment on the regulation. Comment in
this area w as requested in response to
enactment of a number of state laws
that have recently authorized state
banks to conduct a broad array of
nonbanking activities that previously
were not authorized for state banks or
bank holding companies, including real
estate investment activities. Until the
Board reviews the public comments on
this activity, it is unclear whether the
Board will act in this area or (cont)

Timetable:

Timetable:

Action

T lm etabte

Date

Small Entity: No

B oard requ e ste d
c o m m e n ts
B oard a llo w s
existing rule to
rem ain in
e ffe c t
B o a rd w ill review
fu rth e r by

Additional Information: ADDITIONAL

Small Entity: Y es

Action
B oard requ e ste d
co m m e n t
F urth e r B oard
actio n by

Date
1 1 /2 5 /8 3

FR Cite
4 8 FR 53125

01 /0 0 /8 6

AGENCY CONTACT: Michael J.
O ’Rourke, Attorney, Legal Division,
(202) 452-3288.
Agency C o n ta c t J. Virgil Mattingly,
Deputy General Counsel, Federal
Reserve System, Legal Division, 202
452-3430

BIN: 7100-AA40

FR Cite

0 5 /2 5 /8 3

48 FR 2 3520

0 1 /0 5 /8 4

49 FR 794

CFR

Citation: 12 C FR 225

A bstract: A provision of Regulation Y
permits a state bank subsidiary of a
bank holding company to engage
through a nonbank subsidiary in any
activity that is permissible under state
law for the bank subsidiary itself,
subject to the same limits as if the bank
eneaees in the activity directly. (A
similar rule applies to national bank




Date
0 1 /3 1 /8 5
11 /0 0 /8 5

FR Cite
50 FR 451 9

Additional Information: ABSTRACT
0 4 /0 0 /8 6

Additional Information: ABSTRACT

CONT: restructure their nonbanking
activities or to take other action.
Agency Contact: J. Virgil Mattingly,
Deputy General Counsel, Federal
Reserve System, Legal Division, 202
452-3430
B IN : 710 0-A A 4 1

Legal Authority: 12 U SC 1843 B ank H o ld ­
ing C om pany A ct; 12 USC 1844(b) B ank H o ld ­
ing C om pany A c t

ANPRM
F urth e r B oa rd
a ctio n by

Small Entity: Yes

WKaammasKmsammBBtsstBiBmmmamBBmasmmmBammaBmaaamm

3828. + REGULATION: Y - BANK
HOLDING COMPANIES AND CHANGE
IN BANK CONTROL

Action

3829. REGULATION: Y - BANK
HOLDING COMPANIES AND CHANGE
IN BANK CONTROL (DOCKET
NUMBER: R-0537)
Legal Authority: 12 USC 1841 Bank H o ld ­
ing C om pany A ct; 12 USC 221 Federal R e ­
se rve A ct; 12 USC 3901 in te rn a tio n a l Lending
S upervision A c t o f 1983
CFR Citation: 12 CFR 225
Abstract: In January 1985, the Board

requested public comment regarding
whether, and to what extent, the Board
should exercise its authority under the
Bank Holding Company Act, the
t eQeral Reserve Act, and Mil
International Lending Supervision Act

CONT: w hat specific action the Board
may take. Therefore, the effect on small
entities cannot be accurately predicted.
However, if the Board should take
restrictive measures, bank holding
companies of all sizes and their
subsidiaries participating in this activity
would be affected.
Agency Contact: J. Virgil Mattingly,
Deputy General Counsel, Federal
Reserve System, Legal Division, 202
452-3430
RIN: 7100-AA52
3830. REGULATION: Y - BANK
HOLDING COMPANIES AND CHANGE
IN BANK CONTROL (DOCKET
NUMBER: R-0536)
Legal Authority: 12 USC
B a n k H olding C om pany A ct

1841

et

seq

CFR Citation: 12 CFR 225
Abstract: In January 1985, the Board
requested public comment as to
whether the Board should permit bank
holding companies that own nonbank
banks to provide internal
administrative services to, and
establish management interlocks with,
those nonbank banks (50 FR 2057,

44955

F ed eral R egister / Vol. 50, No. 209 / T u esday, O cto b er 29, 1985 / U nified A genda
PRS

Current and Projected Rulemakings

January 15, 1985). [“Nonbank banks”
are institutions that are chartered as
banks but which either do not accept
demand deposits or do not make
commercial loans.) The Board took this
action to resolve a number of questions
that had been raised regarding the
appropriate scope of relationships
between nonbank banks and their
affiliates. It is likely that any action the
Board might take would primarily affect
larger bank holding systems and would
relax a requirement or prohibition.
Therefore, it is expected that any Board
action would not have a significant
economic impact on a substantial
number of small entities.
In view of recent court decisions
holding that nonbank banks violate the
National Bank Act and the Bank
Holding Company Act in certain
circumstances, the Board has
suspended further consideration of
nonbank bank applications by bank
holding companies pending (cont)

convey to consumers the terms and
potential costs of these mortgages.
The Board has proposed that creditors
make more extensive disclosure of the
variable rate feature in transactions
secured by the consumer’s home in
ordeT to provide consumers with the
information needed for informed credit
decisions, in keeping with the purpose
of Truth in Lending (50 FR 20221, May
15, 1985). The proposal would amend
the regulation to require that creditors
make available to consumers general
descriptive material about adjustable
rate mortgages. The regulation would
also be amended to require creditors to
provide a more detailed description of
their variable rate feature, together with
an example showing the effect of a raie
increase of two percentage points for
each of the first three years of the
transaction, (cont)

Timetable:

Board p roposed
am e n d m e nt
F urther B oard
action by

Aetion

Date

B oard requested
com m ent
A w aiting C ourt
A ctio n

0 1 /1 5 /8 5

FR Cfte
50 FR 2057

Action

Date
0 5 /1 5 /8 5

FR Cite
50 FR 20221

1 0 /3 0 /8 5

Small Entity: Yes
0 0 /0 0 /0 0

Small Entity: No
Additional Information: ABSTRACT

CONT: definitive resolution of the
status of these entities by Congress or
the Supreme Court. Final action on the
proposal for public comment thus is not
likely until the underlying issue of the
legality of nonbank banks is resolved.
Agency Contact: Melanie Fein, Senior
Attorney, Federal Reserve System,
Legal Division, 202 452-3534
RIN: 7 1 00-A A 51
3831. REGULATION: Z - TRUTH IN
LENDING (DOCKET NUMBER R-0545)
%

Legal Authority: 15 USC 1604, as a m e n d ­
ed T ruth in Lending A ct
CFR Citation: 12 CFR 226
Abstract: Regulation Z currently

requires that creditors provide
information to consumers regarding
variable rate features in credit
transactions. In the last several years,
adjustable rate mortgages have become
increasingly common and complex, and
concern has been expressed in
Congre ss end else w h e r e as to v A . - t h c r

Truth in Lending disclosures adequately




Timetable:

Additional Information: ABSTRACT

CONT: Finally, the proposal would
eliminate a provision of the regulation
that currently permits creditors to
substitute the disclosure required by
other federal agencies for those called
for in Regulation Z. The Board is
concerned about the creditor burdens
associated with compliance with the
overlapping and duplicative disclosures
in this area, and believes that
elimination of that provision could
encourage further movement among the
agencies toward developing uniform
disclosure requirements.
If the Board adopts this proposal, .
mortgage creditors, including small
business engaged in mortgage lending,
could incur some costs in implementing
the revised disclosure by providing the
general descriptive material, revising
and reprinting forms, and changing
certain procedures to comply with the
requirement. Before any final action,
the Board would consider appropriate
actions to minimize the burdens and
costs of compliance.
The Board wrill review the public
comments and take further action
within the next twro months.

Agency Contact: Susan Werthan,
Senior Attorney, Federal Reserve
System, Division of Consumer and
Community Affairs, 202 452-3667
RIN: 7 1 0 0 -A A 5 0
3832. © FURTHER PROPOSALS TO
REDUCE RISKS ON LARGE-DOLLAR
WIRE TRANSFER SYSTEMS (DOCKET
NUMBER: R-0515A, R-0515B, R-0515C)
Legal Authority: 12 USC 221 et seq
CFR Citation: 00 C FR N one
Abstract: In May 1985, the Board

adopted a statement of its policy on
reducing risks on large-dollar wire
transfer systems (50 FR 21120, May 22,
1985) (see RIN: 7100-AA47). The Board
determined, however, that certain
aspects of this topic require further
study and issued the following three
requests for comments: (1) Book-entry
securities transfer (R-0515A). In
formulating its policy on risk reduction,
the Board has been concerned about
the impact that overdraft restrictions
could have in the U.S. government
securities market, which is vital to the
conduct of monetary policy and the
funding of the federal debt.
Consequently, the Board has exempted
daylight overdrafts resulting from the
transfer of such securities from these
restrictions. Instead, the Board is
seeking comment on a proposal to
reduce risks associated with transfers
of book-entry securities that would
require institutions to choose between
treating book-entry related overdrafts
the same as funds overdrafts of
pledging collateral to secure book-entry
overdrafts. (2) Automated Clearing
Houses (R-0515B). The Board has
previously regarded automated clearing
house (ACHs) as (cont)
Timetable:
Action

Date

B oard requested
co m m e n t

0 5 /2 2 /8 5

B oard exte nd e d
com m ent
period until

0 9 /3 0 /8 5

F urth e r B oard
action by

0 6 /0 0 /8 6

FR Cite
50 FR 21130

Small Entity: No

Additional Information: ABSTRACT
CONT: low-dollar networks. Recently,
however, ACHs have begun processing
large-dollar payments, thus presenting
m rm y r f A n ram-" r i r U r a r l a ’-q e - d r l la r

networks. Accordingly, the Board is

44956

F e d e ra l R eg ister / Vol. 50, No. 209 / T u esd ay , O cto b er 29, 1985 / U nified A genda

requesting comment on risks associated
with ACH payments and how such
risks can be controlled. (3) Net
Settlement Arrangements (R-0515C).
The Board did not consider risks
associated with the many net
settlement services offered by the
Federal Reserve (ATM, POS, check, and
credit cards]. The Board has determined

to consider these risks, and requested
comment on various aspects of these
services and the risks they entail, to aid
it in its study. It is not expected that
these proposals, if adopted, would have
a significant economic impact on a
substantial number of small entities,
because small entities do not usually
participate’ in large-dollar wire transfer

FED ER AL RESERVE SYSTEM (FRS)
3833. REGULATORY IMPROVEMENT
PROJECT
Legal A u t h o r i t y :

12 USC 3501 F inancial
R egulation S im plification A c t o f 1980; 5 USC
605 R egulatory Flexibility A c t

CFR Citation: 00 CFR N one
Abstract: The Board's Regulatory

Improvement Project involves, among
other things, a substantive, zero-based
review of all Federal Reserve
regulations that affect the public to
determine: (1) the fundamental
objectives of the regulation and the
extent to which it is meeting current
policy goals, (2) nonregulatory
alternatives that would accomplish the
objectives, [3] costs and benefits of the
regulation, (4) unnecessary burdens
imposed by the regulation, and (5] the
clarity of the regulation. The Project
also participates in the development of
proposals listed in this agenda to
ensure that the objectives of the Project
are met.
Since publication of the last semiannual
Agenda, comments from the public on
the proposed revision of Regulation B
(“Equal Credit Opportunity”) have been
reviewed by the staff; and the revision

systems. The Board will review the
public comments and take further
action within the next ten months.
Agency Contact: Edward C. Ettin,
Deputy Director, Federal Reserve
System, Division of Research and
Statistics, 202 452-3368
FUN: 7 1 0 0 -A A 5 9

E x is tin g R e g u la tio n s U n d e r R e vie w

should be finalized in the Fall. (See
Entry RIN 7100-AA28). Also, the
proposed revision of Regulation K
(“International Banking Operations”)
has been adopted with some changes.
(See Entry RIN 7100-AA44). In addition,
zero-based reviews have been
commenced on Regulation N~
“Relations (cont)
Timetable:
Action
ANPRM
R e gulation B

Date

FR Cite

0 6 /2 1 /8 3

48 FR 28 2 85

R evision o f
0 3 /1 8 /8 5
R egulation B
p ro p o se d fo r
co m m e n t
R evision o f Equal 0 5 /0 2 /8 5
E m p lo ym e n t
O pp ortu n ity
R egulation
a d o pte d
R evision o f
0 8 /1 4 /8 5
R egu la tio n K
ado pte d
F urth e r B oard
1 0 /0 0 /8 5
actio n on
R egulation B
by

50 FR 10889

50 FR 18767

Additional information: ABSTRACT

CONT: with Foreign Banks and
Bankers” (12 CFR 214) and the Board’s
“Rules Regarding Availability of
Information” (12 CFR 261).
Consideration will also be given to
commencing within the next twelve
months the zero-based reviews of the
following regulations: P - “Minimum
Security Devices and Procedures” (12
CFR 216); Q--“Interest on Deposits” (12
CFR 217); R - “Relations with Dealers in
Securities under Section 32, Banking
Act of 1933” (12 CFR 218); and A A “Unfair or Deceptive Acts or Practices”
(12 CFR 227).
Commenters are invited to submit any
suggestions they may have for possible
changes in this regulatory agenda for
the next twelve months.
Agency Contact: Barbara R. Lowrey,

Associate Secretary, Federal Reserve
System, Office of the Secretary, 202

452-3742
R IN : 7 1 0 0 -A A 1 4

Small Entity: No

Completed Actions

FEDERAL RESERVE SYSTEM (FRS)
COMPLETED RULEMAKINGS
3834. REGULATION: F - SECURITIES
OF STATE MEMBER BANKS
Legal Authority:

15 USC 78(f) S ecurities
E xchange A ct o f 1934

CFR Citation: 12 CFR 206

Abstract The April 1985 Agenda .
referred to a possible proposal to
amend Regulation F to conform that
regulation with a series of recent
changes in the securities disclosure
regulations of the Securities cud
Exchange Commission. Pursuant to
section 12(i) of the Securities Exchange




Act of 1934, the Board is required to
periodically update its securities
disclosure regulations to make them
substantially identical to comparable
regulations of the Securities and
Exchange Commission or to publish
reasons why they should not be so
revised.

Timetable:

It is not expected that the Board will
consider this matter during the next six
months.

Additional Information: ADDITIONAL

Action

Date

FR Cite

B oard actio n not. 0 8 /2 7 /8 5
e xp e cte d
during n e xt six
m on th s

Small Entity: No

AGENCY CONTACT: J. Virgil
Mattingly, Deputy General Counsel,
Legal Division, (202) 452-3430.

44957

F e d e ra l R egister / Vol. 50, No. 209 / T u esd ay , O cto b er 29, 1985 / U nified A genda
PRS

C o m p le te d A c tio n s

Agency Contact: W alter McEwen,

Agency Contact: Laura Homer,

Agency Contact: Michael G. Martinson,

Attorney, Federal Reserve System,
Legal Division, 202 452-3321

Securities Credit Officer, Federal
Reserve System, Div of Banking
Supervision and Regulation, 202 4522781

Projects Manager-International
Activities, Federal Reserve System, Div

RIN: 7 1 0 0 -A A 5 4

RIN: 7 1 0 0 -A A 3 5

3836. REGULATION: K INTERNATIONAL BANKING
OPERATIONS (DOCKET NUMBER: R0498)

3837. REGULATION: K INTERNATIONAL BANKING
OPERATIONS (DOCKET NUMBER: R0520)

Legal Authority:

12 USC 3901 et seq
In ternational Lending S upervision A ct, 1983

Legal Authority: 12 USC 601 to 604a; 12

CFR Citation: 1 2 C F R 2 0 7

CFR Citation: 1 2 C F R 2 1 1

CFR Citation: 1 2 C F R 2 1 1

A bstract: In March 1985, the Board
proposed for public comment, an
amendment to Regulation G that would
provide an exemption for lenders
subject to that regulation who make
loans to qualified employee stock
ownership plans (ESOPs) (50 FR 10972,
March 19, 1985). At the same time the
Board asked for comment as to whether
Regulation T should also be amended
to provide a comparable exception for
brokers and dealers. In June 1985, the
Board adopted amendments to
regulations G and T after receiving
favorable comments on the proposals
(50 FR 26354, June 19, 1985). The effect
of those amendments is to permit the
lending to ESOPs on a “good faith”
basis instead of under the usual margin
requirements. As adopted by the Board,
these exemptions parallel one already
provided to lenders subject to
Regulation U (Credit by Banks for the
Purpose of Purchasing or Carrying
Margin Stocks). It is not anticipated
that the amendments will have a
substantial impact on a significant
number of small firms.

Abstract: In February and March 1984,
the Board adopted regulations
implementing the International Lending
Supervision Act of 1983 (Title IX, Pub.

Abstract: In August 1985, the Board

RIM: 7 1 0 0 -A A 3 2
3835. REGULATION: G - SECURITIES
CREDIT BY PERSONS OTHER THAN
BANKS, BROKERS, OR DEALERS
(DOCKET NUMBER: R-0529)
Legal Authority: 15 USC 78g S ecurities
E xchange A c t o f 1934, as am ended; 15 USC
78w S ecurities E xchange A c t of 1934, as
am e n d e d

Timetable:
A c tio n

D a te

FR C ite

B oard requested
co m m e n t

0 3 /1 9 /8 5

50 FR 10972

B oard a d o p te d
a m endm ents

0 6 /1 9 /8 5

50 FR 26354

Small Entity: No
Additional Information: ADDITIONAL
AGENCY CONTACT: Susan Meyers,
Securities Regulation Analyst, Division
of Banking Supervision and Regulation,

(202) 452-2781.




L. 98-181) with respect to maintenance
of reserves against certain international
assets, disclosure of information on
international assets, and accounting
rules for fees on certain international
loans. In publishing these regulations
the Board requested comment on
whether and to w hat extent the Act
should apply taU .S. branches, agencies,
and commercial lending company
subsidiaries of foreign banks. By action
of February 13, 1984 (49 FR 5587, 5591),
the Board left open the comment period
on this issue in order to allow for
further public comment.

It is not expected that the Board will
take action on these issues in the near
future. If the Board takes action on
these issues it will do so only after a
new notice is published for comment.
Timetable:
Action

Date

B oard a d opted
0 2 /1 3 /8 4
regulations
im plem enting
the
inte rn a tio n a l
Lending
S upervision A ct
of 1983
B oard a d o pte d
0 3 /2 9 /8 4
additional
regulations
N o fu rth e r action 0 8 /2 7 /8 5
expe cte d in
near future

FR Cite
49 FR 5591

adopted final revisions (Federal
Register cite unavailable) to its
Regulation K governing the
international operations of U.S. banking
organizations. The revisions had been
proposed for comment in June 1984. The
review and revision of the regulation
were undertaken pursuant to a
provision of the International Banking
Act of 1978 which requires a review
every five years of the rule governing
Edge Corporations.
In order to improve the competitive
position of Edge Corporations, the
Board adopted one of the several
alternatives that were proposed to
enable Edge Corporations to provide a
broader range of banking services than
is currently permitted. The revision
permits an Edge Corporation to lend for
any purpose to a company that by its
charter or license must engage only in
international business. The Board also
left this proposal open for comment
with respect to a procedure permitting
certification of other companies to
which an Edge may lend for any
purpose. Other major revisions include
an increase in the Edge Corporation
lending limit; relaxation of the limits on
investments in (cont)
Action

Date

FR Cite

49 FR 12192

ADDITIONAL •
AGENCY CONTACT: Kathleen O’Day,
Senior Counsel, Legal Division, (202)

452-3780.

USC 611 e t seq; 12 USC 1841 e t seq

Timetable:

Small Entity: No
Additional Information:

of Banking Supervision, and Regulation,
202 452-3621

B oard p roposed
revisions to
R egulation K

0 6 /2 5 /8 4

49 FR 26002

C o m m e n t period
e xtended until

1 0 /1 2 /8 4

49 FR 33895

B oard adopted
revisions

0 8 /1 4 /8 5

Small Entity: No
Additional Information:

ABSTRACT

C O N T - o th e r o r g a n iz a tio n s :
e s ta b lis h m e n t o f p r o c e d u r e s g o v e r n in g

a change in control of an Edge

44958

Federal Register / Vol. 50, No. 209 / Tuesday, October 29, 1985 / Unified Agenda

Completed Actions

FRS

Corporation; and several provisions
governing U.S. operations of foreign
banks. The Board also deferred
consideration of a proposal to conform
Edge capital standards to those of state
member banks.
It is not expected that the revisions
would have a significant economic
impact on a substantial number of
small businesses.

Additional information: ADDITIONAL

Additional information: ADDITIONAL

AGENCY CONTACT: Martha Scanlon,
Economist, Division of Research and
Statistics, (2 0 2 ) 45 2-3 6 3 3 .

AGENCY CONTACT: Richard
Spillenkothen, Assistant Director,
Division of Banking Supervision and
Regulation, (202) 452-2594.
Agency Contact: James E. Scott, Senior
Attorney, Federal Reserve System,
Legal Division, 202 452-3513

Agency Contact Kathleen O’Day,

3840. REGULATION: AA - UNFAIR OR
DECEPTIVE ACTS OR PRACTICES
3839. REGULATIONS: Y - BANK
HOLDING COMPANIES ANDCHANGE (DOCKET NUMBER: R-0006)
INBANK CONTROL; REGULATION: H- Legal Authority: 15 USC 57a Federal
“STATE BANK MEMBERSHIP”; AND
Trade Commission Act
RULES OF PRACTICE FOR HEARINGS
C F R Citation: 12 CFR 227
(DOCKET NUMBER: R-0526)
Legal Authority: 12 USC 3 9 07 Internation­ Abstract: The Federal Trade

Senior Counsel, Federal Reserve
System, Legal Division, 202 452-3706
R IN : 7 1 00-A A 4 4

3838. REGULATION: T - CREDIT BY
BROKERS AND DEALERS (DOCKET
NUMBER: R-0538)
Legal Authority: 15 U SC 78g Securities
Exchange Act of 1934, as amended; 15 USC
7 8 w Securities Exchange Act of 1934, as
am ended

CFR Citation: 12 C FR 220
Abstract: In June 1985, the Board
adopted an amendment to Regulation T
that would set the initial margin
requirement for the writing of options
on equity securities at the same level as
the maintenance margin that is required
by the national securities exchange or
association and that has been approved
by the Securities and Exchange
Commission (50 FR 26355, June 26,
1985). This would replace the margin
requirement for these instruments set at
30 percent of the value of the
underlying securities plus any
unrealized loss or minus any unrealized
gain. W hen effective, the new margin
for writing options on equity securities
will be similar to that of the writing of
other options; that is, the initial margin
will be identical to that of the
Securities and Exchange Commission
approved maintenance margin. It is not
anticipated that this amendment will
have a significant impact on a
substantial number of small firms. The
amendment consolidates existing
provisions into a single rule and adds a
provision to cover options not effected
on exchange or association facilities.

Timetable:
A ctio n
Board requested
■comm ent
Board adopted
am endm ents
S m s ': E n tity ': No




D a te

FR C ite

0 2 /1 2 /8 5

50 FR 5766

0 6 /2 6 /8 5

50 FR 26355

Agency Contact: Laura Homer,
Securities Credit Officer, Federal
Reserve System, Div. of Banking
Supervision and Regulation, 202 4522781

R IN : 71 0 0 -A A 4 5

R IN : 7 1 0 0 -A A 53

al Lending Supervision Act of 1983; 12 USC
39 03 International Lending Supervision Act of
1983; 12 USC 1844(b) Bank Holding Com pa­
ny Act; 12 USC 1818 Financial Institutions Su­
pervisory Act of 1966; 12 USC 248 Federal
Reserve Act; 12 USC 324 Federal Reserve
Act; 12 USC 329 Federal Reserve Act

Citation:

CFR
12 C FR 208.13;
225, Appendix A; 12 C FR 263.35

12

C FR

Abstract: In April 1985, the Board
adopted amended Capital Adequacy
Guidelines for bank holding companies
and State member banks as well as a
regulation embodying procedures to
enforce these Guidelines (50 FR 16057,
April 24, 1985). The amended
Guidelines were adopted pursuant to
the International Lending Supervision
Act of 1983, which requires that the
Board "cause banking institutions to
achieve and maintain adequate
capital.” The Guidelines establish
uniform minimum capital levels for all
federally regulated banks (in
conjunction with the Federal Deposit
Insurance Corporation and the
Comptroller of the Currency). The
Guidelines also raise the minimum
capital requirements for larger regional
and multinational state member banks
and bank holding companies, and
establish a uniform minimum capital
level for large and small banks and
bank holding companies. The impact on
small institutions is a slight easing of
minimum primary capital requirements.
Timetable:
A ction

D ate

Board requested
comment
Board adopted

Guidelines-

Small Entity:

No

FR C ite

0 7 /3 0 /8 4

49 FR 30317

0 4 /2 4 /8 5

50 FR 16057

Commission (FTC) Act requires that
whenever the FTC enacts a rule
covering unfair or deceptive acts or
practices, the Federal Reserve Board
must, within 60 days of the rule’s
effective date, promulgate a
substantially similar rule governing
banks. The Board may decline to issue
such a rule only if the Board determines
that such acts or practices of banks are
not unfair or deceptive or that
implementation of the rule with respect
to banks would seriously conflict with
essential monetary and payment
systems policies of the Board.
In March 1984, the FTC published a
trade regulation rule known as the
Credit Practices Rule (49 FR 7740,
March 1, 1984), which prohibits certain
provisions that sometimes appear in
consumer credit contracts to aid in the
collection of unpaid debts. It also
imposed certain specific disclosure and
contractual requirements on creditors.
The rule went into effect on March 1,
1985, and applies only to non-financial
institution creditors.
W hen the FTC first published the
proposed Credit Practices Rule in 1975,
the Board published a substantially
similar (cont)
Timetable:
Action

Date

FR Cite

FTC proposed
Credit
Practices Rule

0 4 /0 0 /7 5

40 FR 16347

Similar proposal
published by
Board
FTC adopted

0 4 /0 0 /7 5

40 FR 19495

0 3 /0 1 /8 4

49 FR 77 40

Credit
Practices Rule

Federal Register / Vol. 50, No. 209 / Tuesday, October 29, 1985 / Unified Agenda

FRS

Completed

Action

Date

Board published
1 1 /3 0 /8 4
similar proposal
Board adopted
0 4 /2 2 /8 5
final rule

FR Cite
49 FR 47041
50 FR 16695

Small Entity: Yes
Additional Information: ABSTRACT
CONT: proposal. The Board received
public comments and made them
available to the FTC. In November
1984, the Board published for comment
a proposal substantially similar to the
FTC’s final Credit Practices Rule and
requested comment on whether the
FTC’s rule should apply to banks. In
April 1985, the Board adopted a final
rule with an effective date of January 1,
1986 (50 FR 16695, April 22, 1985).
Under the rule, commercial bank
lenders including small banks, may
incur some one-time costs in preparing
and revising forms, and in changing
certain procedures to comply with the
rule.

Agency Contact Maureen P. English,
Section Chief, Federal Reserve System,
Division of Consumer and Community
Affairs, 202 452-3867

RIN:

44958

7 1 00-A A 4 2

3841. REGULATION: AA - UNFAIR OR
DECEPTIVE ACTS OR PRACTICES
L e g a l A u t h o r it y :
15
Trade Commission Act

USC

57a

Federal

CFR Citation: 12 C FR 227
Abstract: In November 1984, the
Federal Trade Commission (FTC)
published a final trade regulation rule
on the sale of used motor vehicles,
known as the “Used Car Rule," (49 FR
45692 November 29, 1984), effective
May 9, 1985. In adopting the Used Car
Rule, the FTC specifically excluded
banks and other financial institutions
from the rule’s “dealer” definition. This
conclusion was based upon the
determination that banks do not engage
in the sale of used motor vehicles in a
retail sales environment, and, absent
such an environment, the risk of the
deceptive practices found to be
characteristic of used car sales
presentations was substantially
diminished.
Generally, the Board is required by the
Federal Trade Commission Act to issue
a substantially similar rule for banks

whenever tne Commission adopts a
final trade regulation rule under its
authority to prohibit unfair or deceptive




acts or practices. The Board has
concluded, however, that since banks
do not engage in the activity being
regulated by the Commission —the sale
of used motor vehicles in a retail sales
environment —it is unnecessary to
adopt a rule substantially similar to
(cont)

Timetable:_____________________
Action
FTC adopted the
“ Used Car
Rule"
Board decided
not to adopt
rule

Date

FR Cite

1 1 /2 9 /8 4

49 FR 45692

0 3 /2 6 /8 5

50 FR 11945

CONT: the Commission’s Used Car
Rule, that would be applicable to banks
(50 FR 11945, March 26, 1985).
Agency Contact: Gerald Hurst, Senior
Attorney, Federal Reserve System,
Division of Consumer and Community
Affairs, 202 452-3667
71 0 0 -A A 4 9

3842. REGULATION: EQUAL
EMPLOYMENT OPPORTUNITY
(DOCKET NUMBER: R-G527)
Legal Authority: 12 USC 244 Federal

Timetable:
Action
Board requested
comment
Board issued
final rule

Date

FR Cite

0 8 /2 4 /8 4

49 FR 33 822

0 5 /0 2 /8 5

50 FR 18767

Small Entity: No
Additional Information: ADDITIONAL
AGENCY CONTACT: Stephen L.
Siciliano, Special Assistant to the
General Counsel, Legal Division, (202)
452-3920.

Agency Contact Portia Thompson,

Small Entity: No
Additional Information: ABSTRACT

RIN:

Board personnel and management
policies and practices.

Re­

serve Act, Sec 10(4)

CFR Citation: 12 CFR 268
Abstract: In August 1984, the Board
issued for public comment proposals to
revise and expand its Equal
Employment Opportunity regulation for
the following purposes: (1) to conform
the regulation insofar as possible to
existing regulations of the Equal
Employment Opportunity Commission
governing the substantive rights of
employees and applicants for
employment with Federal agencies: (2)
to designate clear responsibility for
equal employment opportunity
functions in light of changes in the
Board’s organizational structure; and (3)
to prohibit discrimination against the
handicapped in programs and activities
conducted by the Board.
In April 1985, after reviewing and
considering all public comments, the
Board adopted a revised rule with an
effective date of June 1,1985 (50 FR
18767, May 2, 1985). This proposal will
not have a significant economic impart
on a substantial number of small
entities since it focuses primarily on

EEO Programs Officer, Federal Reserve
System. Office of Staff Director for
Management, 202 452-3549

RIN:

7 1 0 0 -A A 46

3843. POLICY STATEMENT ON RISKS
ON LARGE-DOLLAR TRANSFER
SYSTEMS (DOCKET NUMBER: R-0515)
Legal Authority: 12 USC 221 et seq
CFR Citation: 00 C FR None
Abstract: In April 1984, the Board
requested public comment on several
proposals to reduce risks on largedollar wire transfer systems (49 FR
13186, April 3, 1984). The Board took
this action in response to its concern
that developments that might arise in
connection with such networks could
destabilize financial markets and the
economy. In May 1985, after reviewing
the comments, the Board took the
following actions: (1) effective March
27, 1986, no large-dollar payment
network will be eligible for Federal
Reserve net settlement services unless
it (a) requires each participant to
establish a limit on the net value of
transfers that it will receive from each
other participant; (b) establishes a limit
on the net debit position of each
participant that is reasonably designed
to reduce risks to other participants on
that network; (c) develops and
implements a system that will reject
any payment that would reach either
such limit; and (d) agrees to provide
transaction data to its Reserve Bank on
request. (2) The Board also strongly
encouraged each institution running
daylight overdrafts on Fedwire or
participating on a private large-dollar
network to adopt voluntarily by
December 31, 1965, a (cont)

Federal Register / Vol. 50, No. 209 / Tuesday, October 29, 1985 / Unified Agenda

44960
FRS

Com pleted A ctio n s

Additional information: ABSTRACT

Timetable:
A ction

D ate

Board requested
comm ent
Board extended
comm ent
period until
Board adopted
policy

Small Entity:




No

FR C ite

0 4 /0 3 /8 4

4 9 FR 13186

1 0 /2 9 /8 4

49 FR 24595

0 5 /2 2 /8 5

50 FR 21 120

CONT: cross-system limit on its net
debit position following guidelines set
out in an appendix to the Board’s policy
statement (50 FR 21120, May 22, 1985).
Because large-dollar funds transfer
systems are typically used frequently
only by the largest financial
institutions, it is not anticipated that the
proposals would have a significant
economic impact on a substantial
number of small entities.

In addition to adopting a policy
statement, the Board requested public
comment on three additional proposals
to reduce risk (see Entry 14).
Agency Contact: Edward C. Ettin,
Deputy Director, Federal Reserve
System, Division of Research and
Statistics, 202 452-3368
R1N: 7 1 00-A A 4 7
[FR Doc. 85-21507 Filed 10-28-85; 8:45am]
BILLING CODE 6210-01-T