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609

Minutes for September 19, 1966

To:

Members of the Board

From:

Office of the Secretary

Attached is a copy of the minutes of the
Board of Governors of the Federal Reserve System on
the above date.
It is not proposed to include a statement
with respect to any of the entries in this set of
minutes in the record of policy actions required to
be maintained pursuant to section 10 of the Federal
Reserve Act.
Should you have any question with regard to
the minutes, it will be appreciated if you will advise
the Secretary's Office. Otherwise, please initial
below. If you were present at the meeting, your
initials will indicate approval of the minutes. If
You were not present, your initials will indicate
only that you have seen the minutes.

Chm. Martin
Gov. Robertson
Gov. Shepardson
Gov. Mitchell
Gov. Daane
Gov. Maisel
Gov. Brimmer

AYif,
Minutes of the Board of Governors of the Federal Reserve
System on Monday, September 19, 1966.

The Board met in the Board

Room at 9:45 a.m.
PRESENT:

Mr.
Mr.
Mr.
Mr.
Mr.
Mr.

Martin, Chairman
Robertson, Vice Chairman
Shepardson
Daane
Maisel
Bri_Hauer
Mr. Sherman, Secretary

A record of the discussion that occurred during the initial
Portion of today's meeting is appended to these minutes as Attachment A.
At 10:15 a.m. the following members of the staff were called
into the room:
Mr. Kenyon, Assistant Secretary
Mr. Bakke, Assistant Secretary
Mr. Young, Senior Adviser to the Board and Director,
Division of International Finance
Mr. Solomon, Adviser to the Board
Mr. Cardon, Legislative Counsel
Mr. Fauver, Assistant to the Board
Mr. Brill, Director, Division of Research and Statistics
Mr. Hexter, Associate General Counsel
Mr. Shay, Assistant General Counsel
Mr. Partee, Associate Director, Division of Research and
Statistics
Mr. Gramley, Associate Adviser, Division of Research and
Statistics
Messrs. Eckert, Ettin, and Keir of the Division of
Research and Statistics
Mr. Egertson of the Division of Examinations
Regulation of interest rates.

The Chairman explained for the

benefit of the staff members who had joined the meeting that the Board
had been giving consideration to what action should be taken under

9/19/66

-2-

Regulation Q, Payment of Interest on Deposits, in keeping with bill
H.R. 14026, now before the President for signature, providing increased
flexibility for establishing ceiling rates on time deposits and savings
accounts at commercial banks and other depository institutions.

He

said the Board had tentatively agreed to reduce to 5 per cent (from
5-1/2 per cent) the maximum rate of interest permitted to be paid by
member banks on any time deposit under $100,000.

The maximum rate pay-

able on savings accounts would remain at 4 per cent.

The maximum rates

Payable on multiple maturity time deposits (4 per cent or 5 per cent,
depending on maturity) would also remain unchanged, and the ceiling
rate on single maturity time deposits of over $100,000 would remain at
the present level of 5-1/2 per cent.

He further indicated that it was

the Board's thinking that the reduction from 5-1/2 per cent to 5 per
cent in the maximum rate applicable to time deposits up to $100,000
would be made effective at the beginning of business September 26, 1966.
Question was raised whether the 5 per cent maximum rate would
sPPlY to outstanding deposits, and Governor Robertson stated that the
announcement of the action should make clear that the 5 per cent maximum would apply only to contracts made on and after the effective date
Of the amendment to the Supplement to Regulation Q.
It was noted that the proposed amendment would also contain a
statement that in calculating the rate of interest paid on time and
savings deposits, member banks could disregard the effects of compounding

9/19/66

-3-

of interest.

However, a member bank that elected to compound interest--

either at the maximum permissible rate or at a lower rate--must state
the basis of compounding (such as semiannually, quarterly, monthly,
weekly, daily, or continuously) in every advertisement, announcement,
solicitation, and agreement relating to the rate of interest paid on a
deposit.
Governor Robertson pointed out that this was in line with a
Proposal that had previously been sent to the Federal Deposit Insurance
Cor poration for consideration and that the Corporation was now willing
to go along in terms of its interest rate regulation applicable to nonzember insured banks.
The Chairman then called for staff views on the proposed interest rate action, and Mr. Brill pointed out that there had been distributed to the Board a memorandum indicating the virtue of a proposal such
as the Board had in mind that was simply stated and easily applied.
Such action would preserve maximum flexibility for the Board.

However,

there was the possibility that the ceiling would become the floor in
8°me areas; the Board would have to follow developments closely and be
alert to any shifts in competitive relationships.
Mr. Partee commented that some banks might find themselves in
"usiderable difficulty, in the absence of a grandfather clause, as
dePosit
contracts matured.

For example, one national bank in the New

'ork City area had attracted a significant volume of high-rate funds

9/19/66

-4-

from around the country through an aggressive advertising campaign, and
it might experience a run-off of deposits that would require special
assistance.

In the absence of a grandfather clause, there was little

that such a bank could do to protect itself.
Chairman Martin commented that any action the Board might take
in this area was certain to hurt somebody.

The Federal Reserve probably

would have to be prepared to assist some banks, such as the one mentioned,
if they got into serious difficulty.
Governor Robertson observed that it had been indicated in the
September 1 letter to member banks that banks experiencing a severe loss
of deposits could obtain assistance through the discount window.
It was pointed out that there was still the question whether
the President would sign the new legislation today, and it was understood
that announcement of the Board's action would have to be governed accordingly.

However, it was understood that the Board had agreed on the action

that was to be announced when the President signed the bill.
Question was raised about the actions that would be announced
bY the Federal Deposit Insurance Corporation and the Federal Home Loan
1/ahk Board under the new legislation, and Chairman Martin noted that
G"ernor Robertson had been in consultation with them.
Governor Brimmer expressed his understanding that each agency
kneW fairly well what the other agencies had in mind in the way of action
that would be taken.

There was admittedly some risk that the other

9/19/66

-5-

agencies would move in a direction quite different from the Board, but
he felt the risk was slight.
On the matter of the effective date, Chairman Martin expressed
the opinion that the opening of business on September 26 was probably
the best choice, thus allowing a brief period of adjustment but not an
unduly long period.

No disagreement was expressed with that view.

Governor Brimmer mentioned that Governor Robertson had suggested
Periodic surveys in order to keep the Board up to date on developments,
and he inquired whether Governor Robertson had in mind including reference to such surveys in the Board's press release.

Governor Robertson

indicated that he felt there was some obligation to make known, either
in the press release or otherwise, that the Board would be alert to
de

velopments and be prepared to take whatever further action was appro-

Priete at any time.

Governor Brimmer agreed that it would be in order

to indicate that the Board would stay alert to developments.

He also

agreed that it might be premature to make a commitment at this time that
the Board would conduct a survey of a certain type at a certain date.
Governor Daane expressed the view that the simplicity of the action that
the Board was taking should be kept in mind in formulating an announce-

Mr. Cardon referred to a letter that had been received from
C°11gressman Mills this morning inquiring whether municipal deposits
plight be exempted from whatever rate ceilings were applied to other
time deposits under the new legislation.

-6-

9/19/66

Governor Robertson expressed the opinion that public deposits
Should not be excluded at this time and that the answer to Congressman
Mills should be in terms that the problem would be kept in mind and the
Board would watch developments.
for experience was indicated.

Chairman Martin agreed that the need

He felt that the Board probably would

have to make further amendments at some stage, but it seemed desirable
for the Board at this time to move in a simple, direct way and then see

What occurred.
Mr. Gramley commented that the situation might become quite
d ifficult for the banking system, particularly some larger banks.

One

Of the main remaining sources of funds on which such banks had been
ralYing was being cut off, in view of prevailing market rate relationThe situation must be watched carefully to see how the banks
reaPonded, for at some point they might become panicky.
Chairman Martin agreed that the point was well taken.

However,

he did not think the Board had any alternative except to take some action
under the new legislation, and the question was what type of action
Would be least damaging, yet of some significance.

The discount window

nr. other facilities would have to be relied upon to help any banks that
became panicky.
Mr. Hexter mentioned that the Board did not have any legal duty

under the bill to moderate rates, and Chairman Martin agreed. He
l'ecalled that earlier in the year he had testified that he would prefer

9/19/66

-7-

not to do anything.

However, the whole history of the debate of the

new legislation over the summer must be borne in mind.

In the circum-

stances, while the Board legally could stand aside and do nothing, he
felt that that would be a mistake.
The discussion then turned to the content of the press release
that would be issued by the Board, and Chairman Martin expressed the
view that it should emphasize that the purpose of the action was to
limit further escalation of interest rates paid in competition for consumer savings.

This, to him, was the element that should be stressed,

a lthough it could also be indicated that the action was designed to
help keep the growth of commercial bank credit to a moderate pace.
There were several expressions of agreement with the Chairman's
view that the press release should be in such terms and also that it
Should be kept relatively brief.
There followed further discussion of the effect that the action
might have on banks in the deposit range of $50 co $500 million, and
several comments were made reflecting sensitivity to the possible consequences.
earlier
certain
such as

It was brought out, however, that as the Chairman had noted

any type of action in this area seemed certain to affect a
number of banks rather severely.

It was suggested that action

the Board had in mind was likely to have considerable impact in

Individual bank cases, but that it did not portend a disruption of comIllUnity banking services generally.

y

9/19/66

-8There was also some further discussion of the part of the

Proposed amendment relating to compounding of interest.

Among other

things, it was noted that it would be possible for banks, through frequent compounding, to pay an effective rate slightly above the maximum
rates expressed in Regulation Q, which were geared to quarterly comPounding.

Governor Daane recalled that he had had reservations when

the proposal was under consideration earlier, and he inquired whether
it seemed essential to make such an amendment at this time.

Governor

Robertson expressed the view that that would be desirable, for banks
would then be placed on a more equitable competitive basis.

They would

be required, however, to state the basis of compounding clearly in their
ad vertising, thus minimizing possible misunderstanding and confusion.
Governor Brimmer recalled that the Board had come to a tentative
Conclusion on this feature earlier and that it had been awaiting the view
of the Federal Deposit Insurance Corporation, which was now reported to
be favorable.

The discussion concluded with a consensus that the pro-

relating to compounding of interest should be included in the
Proposed amendment to the Supplement to Regulation Q.
At this point a draft of possible press release developed by the
staff was distributed.

There emerged from discussion of the draft a gen-

sr'l consensus in favor of a statement along the lines that had been
Indicated earlier during the meeting; that is, a release going somewhat
beyond a technical description of the action being taken but stopping
h°rt of pronouncements on the prospective effects of the action.

9/19/66

-9As to procedure, it was understood that Governor Robertson would

be in touch with Chairman Randall of the Federal Deposit Insurance Corporation and Chairman Horne of the Federal Home Loan Bank Board to
advise them of the action that had been agreed upon by the Board.

It

was also understood that the staff would continue work on the drafting
of a press release conforming to the views that the Board had expressed
regarding the scope of such statement.

It was further understood that

When word had been received that the President had signed the new legislation, the Board would meet again to take whatever steps were then
n
ecessary.
Reports on S. 3158 and H.R. 17703 (Items 1 and 2).
been

There had

distributed a draft of letter to the Chairman of the House Banking

and Currency Committee regarding S. 3158, a bill to strengthen the
enforcement powers of the three Federal bank supervisory agencies and

the Federal Home Loan Bank Board.

The Board had supported the bill in

the form in which it was originally introduced, but as the bill now
st°°d it reflected three major changes made by the Senate.

The first

Change, to which the Board had previously indicated that it would not
obi
'
act, limited suspension and removal orders to cases regarding pers°4e1 dishonesty.
orders

The second change vested authority to issue such

with respect to national banks in the Board of Governors rather

than the Comptroller of the Currency, although the Comptroller would be
authorized to participate, with power to vote, in Board proceedings in

9/19/66

-10-

such cases.

The third change would require a Federal agency, before

Invoking procedures authorized by the bill against a State-chartered
institution, to notify the State supervisory authorities of its intent
and the grounds for acting, and to specify an appropriate period within
Which corrective action should be taken.

The Federal agency could then

Proceed if the State authority failed to act within the specified period.
A distributed memorandum from Mr. Cardon dated September 16,
1966, reported that the Home Loan Bank Board had testified in support
°f the bill as passed by the Senate, and an understanding that the
Treasury Department and the Federal Deposit Insurance Corporation also
Supported the bill.

The draft of proposed letter to Chairman Patman

would recommend prompt and favorable action.
There had also been distributed a draft of letter in response
tO Chairman Patman t s request for the Board's views on H.R. 17703, a
d ifferent version of proposed legislation in the same area.

The draft

letter commented on the main differences between the two bills, as they
a pplied to banks, and recounended against enactment of H.R. 17703.
The two letters to Chairman Patman were approved unanimously;
c°Pies are attached as Items 1 and 2.
Approved letters.

The following letters, copies of which are

attached
under the respective item numbers indicated, were approved
unanimously after consideration of background information that had been
Triade available to the Board:

9/19/66

-11Item No.

Letter to Bankers Trust Company, New York,
New York, approving the establishment of a
branch in the Borough of Brooklyn.

3

Letter to Iowa State Bank and Trust Company
of Fairfield, Iowa, Fairfield, Iowa, approving the establishment of an in-town branch.

4

Letter to Charlevoix County State Bank,
Charlevoix, Michigan, waiving the requireInent of six months' notice of withdrawal
from membership in the Federal Reserve
System =

5

Public Bank matter.

Mr. Sherman reported receipt of a telegram

from President Scanlon of the Federal Reserve Bank of Chicago stating
his understanding that an agreement providing for the purchase of assets
of Public Bank, Detroit, Michigan, by Bank of the Commonwealth, also of
Detroit, was being signed in Washington today and that the Chicago
Reserve Bank recommended approval despite the capital position of Bank
of the Commonwealth.
Mr. Egertson brought out that it was still necessary to obtain
the approval of the stockholders of Public Bank, which apparently might
take some little time.
Mr. Shay said it was his understanding that the Federal Deposit
surance Corporation now contemplated less precipitate action on the
matter than had only recently been envisaged, which might mean that the
Proposed merger would be handled as a case where competitive factor
reports would be obtained on a ten-day basis.

9/19/66

-12Members of the Board urged that the staff keep closely in touch

With developments so as to avoid any possibility that it could be said
that consununation of the proposed merger was in some manner being held
Up by the Federal Reserve.
The meeting then adjourned.
Secretary's Notes: Governor Shepardson
today approved on behalf of the Board
the following items:
Letter to the Federal Reserve Bank of Dallas (copy attached as
Item No. 6) approving the appointment of John N. Ainsworth as Federal
Reserve Agent's Representative at the Houston Branch.
Letter to the Federal Reserve Bank of Dallas (copy attached as
Item No. 7) approving the appointment of Robert G. Jenkins as assistant
e
xaminer.
Letter to the Federal Reserve Bank of San Francisco (copy attached
as Item No. 8) approving the appointment of Willard A. Bogart as assistant examiner.
Memorandum from the Division of Research and Statistics dated
Se ptember 16, 1966, recommending that Professor Otto Eckstein of the
Center for Advanced Study in the Behavioral Sciences be appointed as
, onsultant effective to December 31, 1966, on a temporary contractual
asis with compensation at the rate of $75 a day, with the understandthat any necessary travel would be in accordance with the Board's
travel regulations.
Memoranda recommending the following actions relating to the
Board's staff:

SS,2..alEeLEE
s.
Helen C. Droitsch, from the position of Clerk-Typist in the Diviil°n of Personnel Administration to the position of Clerk-Typist in
Office of the Secretary, with no change in basic annual salary at
ne rate of $4,701, effective September 25, 1966.
Joyce M. Hile, from the position of Secretary in the Office of
Secretary to the position of Secretary in the Division of Data
secessing, with an increase in basic annual salary from $5,683 to
'
°65, effective September 25, 1966.
t,

1,7

9/19/66

-13-

Transfers (continued)
Kathryn A. Jackson, from the position of Statistical Assistant
to the position of Statistical Supervisor, Division of Data Processing,
With an increase in basic annual salary from $7,055 to $7,516, effective September 25, 1966.
Marguerite L. Renucci, Statistical Assistant, Division of Data
Processing, to another budget position in that Division, with no change
in basic annual salary at the rate of $6,211, effective September 25,
1966.
Dorothy B. Slagle, from the position of Statistical Clerk to the
Position of Statistical Assistant, Division of Data Processing, with
no change in basic annual salary at the rate of $5,256, effective
September 25, 1966.
eptance of resignation
Michael W. Estes, Electrician-Operating Engineer, Division of
Administrative Services, effective the close of business September 29,
1966.
Governor Shepardson today noted on behalf
of the Board a memorandum advising that
Glenn M. Goodman, Assistant Director, Division of Examinations, had filed application
for retirement effective October 1, 1966.
Attached as Item No. 9 is a copy of a
letter sent to the Bureau of the Budget
over the signature of Chairman Martin
recommending approval of enrolled bill
H.R. 14026, which had been the subject of
discussion at today's Board meeting.
In July the Board agreed to publish for
comment certain proposed amendments to
its regulations to sharpen the technical
distinctions between time and savings
deposits, but it was understood that a
check would first be made with the Federal
Deposit Insurance Corporation. That now
having been done, action was instituted to
transmit to the Federal Register a notice

9/19/66

-14of proposed rule making. Attached as Item
No. 10 is a copy of the notice as submitted.
It did not include a proposal to classify
Christmas and vacation club accounts as
savings deposits in view of an objection
expressed by the Corporation.

311,4.
Attachment A
9/19/66

Governor Robertson reported on conversations that he had had
over the past few days with the representatives of various agencies
that would be concerned with the implementation of bill H.R. 14026, now
before the President for signature, providing increased flexibility for
establishing ceiling rates on time deposits and savings accounts at
commercial banks and other depository institutions.

The conversations

reported at this meeting included those with representatives of the
Federal Deposit Insurance Corporation and the Federal Home Loan Bank
Board, with both of which the new legislation required consultation in
connection with the changing of maximum permissible rates.

Governor

Robertson commented on several alternative procedures that had been
d iscussed, noting that he had pointed out that the entire Board would

have to consider what action it would wish to take and that he could
not speak for the Board until the latter had considered the matter.
H
owever, his own view was that the best course would be a simple change
that would reduce from 5-1/2 per cent to 5 per cent the maximum permissible rate on all time certificates of deposit of less than $100,000.
This would leave the present maximum of 4 per cent applicable to savings
accounts and 5-1/2 per cent applicable to time deposits of $100,000 or
More.

Governor Robertson indicated that he had also discussed the pos-

Sibility of including a "grandfather" provision whereby presently held
deposits could be renewed at the existing rates rather than be made

-2subject to the reduced rate of 5 per cent for amounts of less than
$100,000, but that there was not much disposition to include such a
provision, partly because it would be somewhat complex to administer.
Chairman Martin expressed the view that the simpler any change
made under the new legislation the better.

It appeared probable that

the bill would be signed by the President early this week, and it would
seem desirable for the Board to be in a position to announce promptly
Whatever changes it agreed upon under the new bill.
Governors Brimmer and Maisel also reported on conversations

that they had had over the week end, all of which seemed to point toward
the desirability of a simple reduction from 5-1/2 per cent to 5 per cent
in the maximum permissible rate for time deposits of less than $100,000.
In response to a question from Governor Daane, Governor Robertson
Stated that no views had been expressed in his conversations regarding a
figure different than $100,000 as the amount below which deposits would
be subject to a reduced rate.

In response to an inquiry from Governor

SbePardson, Governor Robertson stated that his own approach had been

that any changes should apply only to deposits made after the effective
datc

perhaps October 1, 1966.
Governor Maisel inquired again as to the possibility of includ-

jug a "grandfather" clause that would permit banks already holding
eet'tain deposits to continue to pay the present maximum rate on renewals
Of such deposits.

His feeling was that this might avoid liquidity prob-

lerns for certain banks which were now paying more than 5 per cent and

-3which otherwise might be faced with considerable pressure if those
deposits were to move elsewhere.
In discussion of this point, the consensus seemed to be that
While a provision such as that suggested by Governor Maisel might have
logic, it would complicate the administration of the regulation and,
further, such a provision was not looked upon with favor by the other
agencies concerned.
Chairman Martin suggested that if members of the Board were
generally in agreement that a simple change along the lines mentioned
by

Governor Robertson under which the maximum permissible rate on time

dePosits of less than $100,000 would be reduced to 5 per cent would be
aPpropriate, it would be desirable to call in other members of the staff
4nd to explore in greater detail the effects of such a change and the
kind of announcement that might be issued by the Board in connection
/41-th such action, dependent, of course, on the signing of the legislati°n by the President.

'

BOARD OF GOVERNORS
OF THE:

FEDERAL RESERVE SYSTEM

Item No. 1
9/19/66

WASHINGTON, D. C. 20551

OFFICE OF THE CHAIRMAN

September 19, 1966.

The Honorable Wright Patman,
C
hairman,
Committee on Banking and Currency,
House of Representatives,
Washington, D. C.
20515
bear Mr. Chairman:
This is in reply to your request for a report on S. 3158,
48 Passed by the Senate.
As you know, the Board joined with the Secretary of the
the Chairman of the Federal Deposit Insurance Corporation,
and the Chairman of the Federal Home Loan Bank Board in recommending
enactment of
S. 3158 as introduced. We now recommend favorable
action on the bill as passed by the Senate.

Treasury,

In exercising its supervisory responsibilities with respect
State member banks, the Board has found that for the most part
(
gestionable practices are corrected when brought to the attention of
e officers or directors of the bank involved. In the exceptional
ease
where corrective action is not obtained in this fashion, the
Board has
available two basic enforcement procedures, both of which
re too
severe and too cumbersome for use in any but the most extreme
eases.r,
Under section 9 of the Federal Reserve Act, the Board may
:
orminate a State bank's membership in the System, with a resulting
of88 of its deposit insurance. Under section 30 of the Banking Act
1933 the Board may remove an officer or director of a member bank
i'luar continuing a violation of law or unsafe or unsound practice after
ng been warned to stop it (where a national bank is involved,
thevi:t Proceeding must be initiated by the Comptroller, but the Board
ermines whether the individual should be removed).
tO

';eU
The Honorable Wright Patman,

-2-

September 19, 1966.

The provisions of S. 3158 authorizing cease and desist
orders fill two important needs: the need for an intermediate, less
drastic means of enforcement than those now available, and the need
for a sanction that can be employed promptly in emergency situations.
Although the Board has reservations about the Senate amendment
limiting suspension and removal orders to cases involving personal
dishonesty--an amendment that may prove unduly restrictive--we
believe that the benefits to the public and the banking industry to
be derived from the new cease and desist procedures outweigh any
Shortcomings in the suspension and removal procedures.
the bill.

Accordingly, we recommend prompt and favorable action on

Sincerely yours,
(Signed) Wm. McC. Martin, Jr.
Wm. McC. Martin, Jr.

14
II_

BOARD OF GOVERNORS
OF THE

FEDERAL RESERVE SYSTEM

Item No. 2
9/19/66

WAS.1-41NOTON

OFFICE OF THE CHAIRMAN

September 19, 1966.

The Honorable Wright Patman,
Chairman,
Committee on Banking and Currency,
House of Representatives,
Washington, D. C.
20515
Dear Mr. Chairman:
This is in reply to your request for the Board's views
On H.R. 17703, a bill to strengthen the regulatory and supervisory
authority of Federal agencies over insured banks and insured
savings and loan associations, and for other purposes. Because
of the limited time available to study this bill, our comments
Will be restricted to the main features in which it differs from
S s 3158. We are also commenting only on title II of the bill,
inasmuch as we assume title I, dealing with savings and loan
associations, will be the subject of comment by the Federal
Home Loan Bank Board.
Title II of H.R. 17703 differs from the corresponding
title of S. 3158 in four principal respects, one relating to
suspension or removal orders and three relating to cease and
desist orders. First, H.R. 17703 omits the provisions of S. 3158
relating to suspension or removal of directors, officers, and
other persons participating in the management of banks. Insofar
as member banks are concerned, it would thus leave in effect the
existing provisions of section 30 of the Federal Reserve Act, 1/
which have proved too drastic for use in most cases and too
cumbersome to bring about prompt correction. Since the suspenstl°n and removal provisions of S. 3158 were amended in the Senate
b° limit their use to cases involving personal dishonesty, we
elleve that this authority would be of very limited use;
nev ertheless, in those rare instances when dishonest individuals
might threaten the safety of a bank we believe the much more
exPeditious provisions of S. 3158 should be available for the
Protection of the public.
1/

1

Should have read "section 30 of the Banking Act of 1933."

The Honorable Wright Patman

The differences between the two bills as regards cease
and desist orders are of much greater importance, since the
authority to issue such orders is, in our judgment, the heart of
the bill. H.R. 17703 omits the provisions of S. 3158 authorizing
the issuance of temporary cease and desist orders to cope with
emergency situations. It also provides for de novo review in
Federal district courts of cases in which permanent cease and
desist orders are issued, in contrast to S. 3158, which follows
the standard pattern specified in the Administrative Procedure
Act for review by Federal courts of appeal based on the record
made at the administrative proceeding. The third difference as
to
regards cease and desist orders between the two bills relates
S tate-chartered banks. S. 3158 provides that before the Federal
s upervisory agency may take action under the bill with respect
to such a bank, it must notify the State supervisor and allow
an appropriate time for the State supervisor to take action.
Under
Failing such action, the Federal agency may then proceed.
could
agency
Federal
the
action
H.R. 17703, however, the only
take in such a situation would be to bring suit in a Federal
district court to settle the question of which agency, if
either, should be allowed to proceed. Taken together, these
of a
Provisions of H.R. 17703 would so delay the taking effect
useless
proceeding
a
cease and desist order as to render such
in emergencies and extremely cumbersome in other situations.
against
The Board of Governors, therefore, recommends
enactment of H.R. 17703.
Sincerely yours,
(Signed) Wm. McC. Martin, Jr.
Wm. McC. Martin, Jr.

BOARD OF GOVERNORS

Item No. 3
9/19/66

OF THE

FEDERAL RESERVE SYSTEM
WASHINGTON, D. C. 20551
AI:MRCSS OFFICIAL CORRESPONDENCIC
TO THE BOARD

September 19, 1966

Board of Directors,
Bankers Trust Company,
New York, New York.
Gentlemen:
The Board of Governors of the Federal Reserve
System approves the establishment by Bankers Trust Company,
New York, New York, of a branch on the northwest corner of
88th Street and Fourth Avenue, Brooklyn, New York, provided
the branch is established within one year from the date of
this letter.
Very truly yours,
(Signed) Karl E. Bakke

Karl E. Bakke,
Assistant Secretary.

(The letter to the Reserve Bank stated that the
Board also had approved a six-month extension
of the period allowed to establish the branch;
and that if an extension should be requested,
the procedure prescribed in the Board's letter
of November 9, 1962 (S-1846), should be followed.)

BOARD OF GOVERNORS

Item No. 4
9/19/66

......
•

.* OvG0p•

OF THE

o's

FEDERAL RESERVE SYSTEM
WASHINGTON, D. C. 20551

4%.*

ADDRESS OrrICIAL CORRESPONDENCE
TO THE BOARD

RESt

September 19, 1966.

Board of Directors,
Iowa State Bank and Trust Company
of Fairfield, Iowa,
Fairfield, Iowa.
Gentlemen:
The Board of Governors of the Federal
Reserve System approves the establishment by
Iowa State Bank and Trust Company of Fairfield,
Iowa, Fairfield, Iowa, of a branch at 311-313
West Burlington Street, Fairfield, Iowa, provided
the branch is established within six months from
the date of this letter.
Very truly yours,
(Signed) Karl E. Bakke

Karl E. Bakke,
Assistant Secretary.

(The letter to the Reserve Bank stated that the
Board also had approved a six-month extension
of the period allowed to establish the branch;
and that if an extension should be requested,
the procedure prescribed in the Board's letter
of November 9, 1962 (S-1846), should be followed.)

431 f
BOARD OF GOVERNORS

Item No. 5
9/19/66

OF THE

FEDERAL RESERVE SYSTEM
WASHINGTON, D. C. 20551
ADDRESS orriciAL CORRESPONDENCE
TO THE OCIARD

September 19, 1966

Board of Directors,
Charlevoix
County State Bank,
Charlevoix,
Michigan.
G
entlemen:
The Federal Reserve Bank of Chicago has forwarded to the
Board
of Governors a letter dated September 7, 1966, signed by
President E. D. Hawley, together with the accompanying resolution,
!
ignifying your intention to withdraw from membership in the
rederal Reserve System and requesting waiver of the six months'
notice of such withdrawal.
The Board of Governors waives the requirement of six
;
171°11the' notice of withdrawal. Under the provisions of Section
',18.10(c) of the Board's Regulation H, your institution may accomlish termination of its membership at any time within eight months
':Qm the date that notice of intention to withdraw from membership
given. Upon surrender to the Federal Reserve Bank of Chicago
lOf
u.lp
he Federal Reserve stock issued to your institution, such stock
the
11 be cancelled and appropriate refund will be made thereon.
returned

It is requested that the certificate of membership be
to the Federal Reserve Bank of Chicago.
Very truly yours,
(Signed) Karl E. Bakke
Karl E. Bakke,
Assistant Secretary.

f

BOARD OF GOVERNORS

Item No. 6
9/19/66

OF THE

FEDERAL RESERVE SYSTEM
WASHINGTON, D. C. 20551
ADDRESS OFFICIAL. CORRESPONDENCE
TO THE BOARD

September 20, 1966
AIR MAIL
Mr. Carl J.
Thomsen,
Chairman of the Board and
Federal Reserve Agent,
Federal Reserve Bank of Dallas,
Dallas, Texas. 75222
• Dear Mr.
Thomsen:
In accordance with the request contained in your letter of
September 2,
1966, the Board of Governors approves the appointment of
John N. Ainsworth as a Federal Reserve Agent's Repres
entative at
the Housto
n Branch to succeed Mr. H. A. Yancey.
This approval is given with the understanding that Mr. Ainsworth
be solely responsible to the Federa
l Reserve Agent and the Board of
Governors
for the proper performance of his duties, except that, during
the
absence or disability of the Federal Reserve Agent or a vacancy in
thatA
office, his responsibility will be to the Assistant Federal Reserve
Agent
and the Board of Governors.
When not engaged in the performance of his duties as Federal
kese.rve
Agent's Representative, Mr. Ainsworth may, with the approval of.
e Federal
Reserve Agent and the Vice President in charge of the Houston
1144nch, Perform such work for the Branch as will not be inconsistent with
's duties as Federa
l Reserve Agent's Representative.
It will be appreciated if Mr. Ainsworth is fully informed of
Portance of his responsibilities as a member of the staff of the
al. Reserve Agent
and the need for maintenance of independence from
the
°Perations of the Bank in the discha
rge of these responsibilities.

the
ped

4

A'It is noted from your letter that, with the approval of
14r.
the lnsworth's appointment by the Board of Govern
ors, he will execute
wit,
usual Oath of Office which will be forwarded to the Board together
" advice of
the effective date of his appointment.
Very truly yours,
(Signed) Merritt Sherman
Merritt Sherman,
Secretary.

34
BOARD OF GOVERNORS

Item No. 7
9/19/66

OF THE

FEDERAL RESERVE SYSTEM
WASHINGTON, 0. C. 20531
ADDRESS

OFFICIAL

CORRUPONDENCIL

TO THIE 110ARO

September 19, 1966

Mt. Thomas R. Sullivan, Vice President,
Federal Reserve Bank of Dallas,
Dallas, Texas.
75222
Dear M±. Sullivan:
In accordance with the request contained in your letter of September 13, 1966,
the Board approves the appointment of Robert G.
Jenkins as an assistant examiner for the Federal
Reserve Bank of Dallas, effective today.
Very truly yours,
(Signed) Elizabeth L. Carmichael
Elizabeth L. Carmichael,
Assistant Secretary.

3460
BOARD OF GOVERNORS

Item No. 8
9/19/66

OF THE

FEDERAL RESERVE SYSTEM
WASHINGTON, D. C. 20551
orrociAL COAMIESPONOCNCIL
TO TIME •omeo

September 21, 1966

Mr. Irwin L. Jennings, Vice President,
Federal Reserve Bank of San Francisco,
94120
San Francisco, California.
Dear Mr. Jennings:
In accordance with the request contained in
your letter of September 14, 1966, the Board approves
the appointment of Willard A. Bogart as an assistant
sco,
examiner for the Federal Reserve Bank of San Franci
effective today.
Very truly yours,
(Signed) Elizabeth L. Carmichael
Elizabeth L. Carmichael,
Assistant Secretary.

BOARD OF GOVERNORS

Item No. 9
9/19/66

OF THE

FEDERAL RESERVE SYSTEM
WASHINGTON, O. C. ZOSSI

OFFICE Of THE CHAIRMAN

September 20, 1966.

Mr. Wilfred H. Rommel,
Assistant Director for
Legislative Reference,
Bureau of the Budget,
Washington, D. C.
20503
Dear Mr. Rommel:
This is in response to your communication of September 16,
1966, requesting the views of the Board on enrolled bill, H.R. 14026,
"To provide for the more flexible regulation of maximum rates of *
interest or dividends payable by banks and certain other financial
institutions on deposits or share accounts, to authorize higher
reserve requirements on the time deposits at member banks, to
authorize open market operations in agency issues by the Federal
Reserve banks, and for other purposes."
The Board favors prompt Presidential approval of the
bill.
Sincerely yours,
(Signed) Wm. McC. Martin, Jr.
Wm. McC. Martin, Jr.

FEDERAL RESERVE SYSTEM

Item No. 10
9/19/66

112 CFR Farts 204, 2171
Mewl. D, Q]
RESERVES OF MEMBER BANKS; PAYMENT OF INTEREST ON DEPOSITS
Notice of Proposed Rule Making
The Board of Governors is considering amending Parts 204
end 217 as follows:
1. Section 204.1(d) and (e) and § 217.1(d) and (e) would
be amended to read as follows:
(d) Time deposits, open account.--The term "time deposit,
°Pen account" means a deposit, other than a "time certificate of
4Po8it", with respect to which there is in force a written contract
/lien the depositor that neither the whole nor any part of such
deposit may be withdrawn, by check or otherwise, prior to the date of
414turi

which shall be not less than 30 days after the date of the

det .. 2/
or prior to the expiration of the period of notice which
o'Its
Illust be
given by the depositor in writing not less than 30 days in

vaLme

2/

of withdrawal.

(6) Savings deposits.--The term "savings deposit" means a

4°P°8it.(1) which consists of funds deposited to the credit Of
/414 ePosits, such as Christmas club accounts and vacation club accounts,
be'h are made under written contracts providing that no withdrawal shall
during
Dillade until a certain number of periodic deposits have been made
account"
el:icld of not less than 3 months constitute "time deposits, open
of
end
the
from
days
30
within
made
are
the though some of the deposits
Period.
A,dePosit with respect to which the bank merely reserves the right to
telu
aot 41.6 notice of not less than 30 days before any withdrawal is made is
def411 time deposit, open account", within the meaning of the above
'nition.

.2
One or more individuals, or of a corporation, association, or
Other organization operated primarily for religious, philanthropic,
Charitable, educational, fraternal, or other similar purposes and
A/
"t operated for profit;
or in which the entire beneficial interest
18

held by one or more individuals or by such a corporation, associa-

tion) or other organization; and
(2) with respect to which the depositor is not required
by the deposit contract but
may at any time be required by the bank
to give notice in writing of an intended withdrawal not less than 30
2/
deYs before such withdrawal is made
and which is not payable on a
8Pecified date or at the expiration of a specified time after the date
Of

deposit.
2. Footnote 7 in § 217.2(b)(2) would be redesignated

footnote
6; footnote 8 in § 217.3(e) would be redesignated footnote 7.
3. Section 217.5 would be amended to read as follows:
1 217.5 Withdrawal of savings deposits.
(a) Requirements regarding,notice of withdrawal.--Whether or
not interest is paid, no member bank shall require notice of withdrawal
84 to any amount or percentage of the savings deposit of any depositor
a. ePosits in joint accounts of two or more individuals may be classified
,
8avinga deposits if they meet the other requirements of the above
b:Iinition, but deposits of a partnership operated for profit may not
x07,80 classified. Deposits to the credit of an individual of funds in
4;
1-01 any beneficial interest la held by a corporation, partnership,
h..80ciation, or other organization operated for profit or not operated
imerily for religious.Philatrrik_ropies charitable, educational, fraternal.
"r other similar
purposes may not be classified as savings deposits.
Th

-e exercise by the bank of its right to require such notice shall
--"‘ cause the deposit to cease to be a savings deposit.

-3-

3461

"less it shall similarly require such notice as to the same amount
°t percentage of the savings deposits of every other depositor which
are subject to the same requirements as to notice of withdrawal.

If

4 member bank, without requiring notice of withdrawal, pays interest
that has
accrued on a savings deposit during the preceding interest
Period, it shall, upon request and without requiring such notice, pay
the same manner interest that has accrued during the preceding
illterest period on the savings deposits of every other depositor.

No

nleraher bank shall change its practice with respect to requiring notice
quithdrawal of savings deposits for the purpose of discriminating in
41/or of or against any depositor or depositors, and no such change of
P4CtiCe shall be made except pursuant to duly recorded action of the
bunks's board of directors
or a properly authorized committee thereof.
(b) Loans on security of savings deposits.--If it is not the
hattice of a member bank to require notice of withdrawal of savings
deP"ite, no restrictions are imposed by this part upon loans by such
1/41lik -0
its depositors upon the security of such deposits.

If it is

the Practice of a member bank to require notice of withdrawal of a
411inil8 deposit, such bank may make loans to a depositor upon the
IleturitY of such deposit, but the rate of interest on such loans shall

be Ihlt less than 2 per cent per annum in excess of the rate of interest
11414 °II the savings deposit.
3. Subparagraphs (2), (3), and (4) of present § 217.1(e)
14°‘114 be

transferred to § 217.5 and become paragraph (c) of that section,

With
edesignation of such subparagraphs as subparagraphs (1), (2), and

-4(3) respectively,

with

conforming changes in cross-references within

such subparagraphs, and with redesignation of present footnote 5 as
footnote 8.
* * * * *
The purpose of these amendments is to sharpen the distinction
between savings deposits and time deposits in order to facilitate interPretation and administration of the Regulations. The Regulations are
Ilot entirely clear whether certificates or other instruments that are
Payable at a "fixed" maturity (i.e., at a specified date or at the
exPiration of a specified period after the date of deposit), which meet

the definition of a "time certificate of deposit", may nevertheless
hero
-488sifed

as savings deposits.

Also, under the present Regulations, "savings deposits" are
dsf4
4ned as deposits of individuals and certain types of non-profit
411amizations as to which the depositor "is required, or may at any
441e be required, by the bank to give notice in writing of an intended
wttbdrawal not less than 30 days before such withdrawal is made."
1144use this definition includes a deposit of an individual as to which
at

least 30 days' written notice of withdrawal is required by the

det*sit contract, an individual is literally presluded from having a
tiLne deposit, open account". The definition of that term includes
411448 as to which not less than 30 days' written notice of with-.
4/441 is required, and expressly excludes any deposit that meets
the d efinition of a savings

deposit.

-5-

3466

The proposed amendments to the Regulations would amend the
definition of savings deposit

so that''

(1)deposits payable on a specified date or at the
of
expiration of a specified period of time after the date
deposit wuld be expressly excluded from savings deposits;
(2) deposits as to which notice of withdrawal is
deposits,
SlakiEti by the contract would be excluded from savings
but the exercise of a bank's reserved right to require such notice
would not cause a savings deposit to cease to be'such.
8eceuse the definitions of "time deposit, open account" and "savings
dePcaits" would no longer overlap, the exception from the definition
$4 "time deposit, open account" of a "savings deposit" would be
liminated.

contain
Because a savings deposit contract could no longer

4 Provision requiring the depositor to give notice of withdrawal, the
hovieions of Regulation Q with respect to the requirements of notice
ill connection with contracts containing such a provision would also be
eliminated.

In doing so, the section relating to notice of withdrawal

411 savings deposits would be editorially revised, and subparagraphs (2),
0)) and (4) of the present § 217.1(e), which relate to the manner of
11415Fment of savings deposits, would be transferred thereto.
title 5,
This notice is published pursuant to section 553(b) of
ikilted States Code, and section 1(b) of the Rules of Procedure of the
).
4etd of Governors of the Federal Reserve System (12 CPR 262.1(b)
To aid in the consideration of this matter by the Board,
trite
rested persons are invited to submit relevant data, views, or

(IA

ts..)
414
6uUlent8•

Any such material should be submitted in writing to

he

Secret
-arY, Board of Governors of the Federal Reserve System,
Ihshington, 1). C., 20551

to be received not later than October 21, 1966.

Dated at Washington, D. C., this 21st day of September, 1966.
By order of the Board of Governors.

(signed) Merritt Sherman

Merritt Sherman,
Secretary.