[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Proposed Rules]
[Pages 2552-2555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-489]
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FARM CREDIT ADMINISTRATION
12 CFR Parts 614, 615, and 618
RIN 3052-AB53
Loan Policies and Operations; Funding and Fiscal Affairs, Loan
Policies and Operations, and Funding Operations; General Provisions
AGENCY: Farm Credit Administration.
ACTION: Proposed rule.
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SUMMARY: The Farm Credit Administration (FCA), by order of the FCA
Board (Board), proposes to repeal several regulations as part of an
ongoing effort to reduce unnecessary regulatory burden on Farm Credit
System (FCS or System) institutions. Comments that the FCA solicited
through a notice of intent regarding regulatory burden identified most
of the regulations that the FCA now proposes to delete. The FCA concurs
with the commenters that these particular regulations should be
repealed because they are outdated or impose a burden that is greater
than the benefit derived.
DATES: Written comments must be received on or before February 9, 1995.
ADDRESSES: Comments may be mailed or delivered (in triplicate) to
Patricia W. DiMuzio, Associate Director, Regulation Development, Office
of Examination, 1501 Farm Credit Drive, McLean, VA 22102-5090. Copies
of all communications received will be available for examination by
interested parties in the Office of Examination, Farm Credit
Administration.
FOR FURTHER INFORMATION CONTACT:
W. Eric Howard, Policy Analyst, Regulation Development, Office of
Examination, Farm Credit Administration, McLean, VA 22102-5090, (703)
883-4498, TDD (703) 883-4444,
or
Richard A. Katz, Senior Attorney, Regulatory Operations Division,
Office of General Counsel, Farm Credit Administration, McLean, VA
22102-5090, (703) 883-4020, TDD (703) 883-4444.
SUPPLEMENTARY INFORMATION:
I. Background
On June 10, 1993, the FCA Board approved a Statement on Regulatory
Burden seeking public comment on the appropriateness of requirements
the FCA regulations impose on the FCS. More specifically, the FCA asked
the public to identify regulations that either duplicate other
governmental requirements, are not effective, or impose a burden that
is greater than the benefit derived. The notice of intent was published
in the Federal Register (58 FR 34003) on June 23, 1993. Although the
90-day comment period expired on September 21, 1993, the FCA considered
comments that were received subsequent to that date.
The FCA received a total of 28 responses. The FCA received nine
comment letters from individual Farm Credit associations and three
letters from groups of associations in particular Farm Credit
districts. Seven Farm Credit banks sent 12 comment letters to the FCA.
The Farm Credit Council (FCC) sent a comment letter on behalf of its
membership. Additionally, three separate work groups of the Farm Credit
System Presidents Planning Committee each sent the FCA a position paper
containing recommendations to relieve regulatory burdens pertaining to
capital, eligibility, and financially related services.
Many of the comments involve regulatory projects that the FCA Board
previously identified in the Unified Agenda of Federal Regulations
published in the Federal Register on October 25, 1993 (58 FR 57276).
The FCA work groups organized to develop revised regulations on these
issues will consider the comments as they evaluate various policy
options during the course of their regulatory projects. The analysis
and appropriate response to comments regarding topics under review by
these existing work groups will be included as part of any regulatory
action published in the Federal Register.
The remaining comments contained a number of recommendations for
eliminating or modifying specific regulations that are perceived as
imposing unnecessary regulatory burdens on the FCS. The FCA's review
and analysis of these comments was guided, in part, by the FCA Board's
Policy Statement on Regulatory Philosophy (Policy Statement).1
\1\59 FR 32189, June 22, 1994.
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The Policy Statement conveys that ``[t]he FCA will work to
eliminate outdated regulations and ensure that its regulations
implement the purposes of the law without unnecessary burden or cost.''
According to the Policy Statement, the FCA shall only adopt regulations
that: (1) Implement or interpret the law; or (2) are necessary to
promote the safe and sound operations of System institutions. The
Policy Statement also commits the FCA to replacing outmoded regulations
with new regulations that implement the purposes of the law without
imposing unnecessary costs or burdens on FCS institutions. Another
provision in the Policy Statement declares that the FCA will strive to
ensure that each regulation has a well-defined objective addressing
specific problems or risks. In this context, the FCA will seek to
establish a regulatory environment that grants FCS institutions the
business flexibility to offer a full range of high-quality, low-cost
credit services to borrowers. The Policy Statement also states that the
FCA, to the extent feasible, will seek to eliminate regulations that
prescribe specific operational or managerial practices to System
institutions. If appropriate, the FCA will consider the regulatory
approaches of other Federal financial institution regulators. Finally,
another provision in the Policy Statement pledges that when the need
arises, the FCA will draft new regulations so that they are clear, easy
to understand, and designed to minimize the potential for ambiguity,
uncertainty, and resultant litigation.
The FCA analyzed the commenters' recommendations, and determined
that many of the suggestions warranted the immediate repeal of certain
FCA regulations. Other suggestions will require additional research and
analysis before the FCA determines whether, and to what extent, changes
in the existing regulations should be proposed. Once a determination is
made, the public will be notified of the FCA Board's decisions
regarding the remaining issues in an appropriate manner.
The FCA is proposing to repeal the following regulatory provisions:
Secs. 615.5104; 615.5105(c); 615.5170(b) through (e); 615.5190;
615.5498; 615.5500; 615.5520; 615.5530; and 618.8220. In addition, the
FCA is proposing to repeal the FCA prior approval requirements in
Secs. 614.4470(b)(1) and (b)(3). An explanation of the FCA's reasons
for proposing the repeal of these regulations follows. The FCA invites
public comment on all aspects of the proposed rule.
II. Analysis of Changes and Comments by Section
A. Loans Subject to Bank Approval
A Farm Credit Bank (FCB) and a bank for cooperatives (BC) suggested
that the FCA eliminate all agency prior approvals of FCS institution
policies, procedures, and transactions that are not required by the
Act. The commenters stated that these prior approval requirements are
inconsistent [[Page 2553]] with the FCA's status as an arm's-length
regulator, and deny System institutions the opportunity to use their
business judgment. The commenters specifically indicated that the
agency should give priority to the removal of the prior approval
requirements for general financing agreements (GFAs), financially
related services (FRS), and certain insider loan transactions.
Since the enactment of the Agricultural Credit Act of 1987 (1987
Act),2 the FCA has eliminated from the regulations many of the
prior approval requirements that are not mandated by the Act. The FCA
is in the process of reviewing all the remaining non-statutory prior
approvals in order to determine whether they should be retained. The
FCA has already established regulatory projects to determine whether
the agency prior approvals of GFAs and FRS are still feasible. Another
work group is currently reviewing whether the FCA should continue to
pre-approve the retirement of protected stock outside the ordinary
course of business.
\2\Pub. L. No. 100-233, 101 Stat. 1568, (January 6, 1988).
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At this time, the FCA is proposing to eliminate from both
Secs. 614.4470(b)(1) and (b)(3) the requirement that the agency pre-
approve certain insider loan transactions at System associations.
Section 614.4470(a) requires funding banks to pre-approve loans that
their affiliated associations make to: (1) Their own directors or
employees; (2) directors or employees of a jointly managed association;
or (3) bank employees. Furthermore, Sec. 614.4470(b) requires FCA
approval of loans to any borrower whenever certain institution-
affiliated parties will: (1) Receive proceeds of a loan in excess of an
amount established by the funding bank; or (2) endorse, guarantee, or
comake a loan that is in excess of the amount established by the
funding bank.
The FCA agrees with the commenters that the prior approval
requirements in Secs. 614.4470 (b)(1) and (b)(3) are no longer
appropriate since the FCA has become an arm's-length regulator. An
existing regulation, 12 CFR 620.5, requires that System institutions
disclose in their annual reports to shareholders insider loan
transactions. In addition, the FCA has sufficient examination and
enforcement powers to ensure that loans to institution-affiliated
parties do not undermine the solvency of any FCS bank or association.
If the agency prior approval requirements in Sec. 614.4470(b) are
repealed, the FCA intends to rely upon its examination authority to
determine whether: (1) Bank policy adequately deters insider abuses at
institutions in its district; and (2) associations are complying with
bank policy.
B. Debt Policy and Consolidated Systemwide Notes
Two Farm Credit banks requested that the FCA repeal Secs. 615.5104
and 615.5105(c) because they are no longer necessary. Section 615.5104
requires each bank to adopt a policy for the management of its debt.
Section 615.5105(c) requires each bank to identify in its debt
management policy the maximum amount of discount notes that can be
outstanding at any one time.
The FCA recently revised Sec. 615.5135 to require each FCS bank to
adopt an asset/liability management policy. See 58 FR 63034, November
30, 1993. This new regulation requires the policies of System banks to
address the management of both assets and liabilities in a more
comprehensive manner than Secs. 615.5104 and 615.5105(c) currently
require. Since the FCA agrees with the commenters that Secs. 615.5104
and 615.5105(c) are now obsolete, the agency proposes to delete these
two regulations. The new investment regulations in subpart E of part
615 enhance the ability of Farm Credit banks to control liquidity and
solvency risks in their portfolios.
C. Real and Personal Property
An FCB and a BC commented that Secs. 615.5170 (c) and (d) are
outdated and should be removed from the FCA regulations. These
commenters also asserted that the regulation improperly involves banks
in the real and personal property acquisitions of their affiliated
associations. After carefully evaluating the commenters' suggestions,
the FCA proposes to repeal Secs. 615.5170 (b) through (e).
The FCA has concluded that Secs. 615.5170 (b) through (d) prescribe
detailed operational standards, rather than performance criteria, for
ensuring the safe and sound operation of System banks and associations.
Furthermore, these provisions neither implement nor interpret
provisions in the Act that govern the acquisition of real or personal
property by FCS banks and associations. The FCA believes that these
regulatory provisions impose burdens on System institutions that
produce no corresponding benefits. The FCA also observes that
paragraphs (b), (c), and (d) of Sec. 615.5170 are obsolete because they
impose responsibilities on the ``district boards'' that were abolished
by section 409(d) of the Agricultural Credit Technical Corrections Act
of 1988.3
\3\Pub. L. No. 100-399, Section 409(d), 102 Stat. 989, 1003,
(August 17, 1988).
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The FCA also believes that Sec. 615.5170 (d) and (e) are no longer
necessary because the safety and soundness concerns posed by
information system processing technology are now adequately addressed
in FCA Information Systems Bulletins. Additionally, Information Systems
Bulletin 92-1 addresses information system risks in mergers and
acquisitions.
The FCA proposes, however, to retain Sec. 615.5170(a) because this
provision implements the applicable sections of the Act. Sections
1.5(5) and 3.1(5) of the Act authorize each bank, subject to regulation
by the FCA, to acquire, hold, dispose, and otherwise exercise all the
usual incidents of ownership of real and personal property necessary or
convenient to its business. Sections 2.2(5) and 2.12(5) of the Act
provide associations with similar authorities subject to the
supervision by the district bank and regulation by the FCA. Section
615.5170(a) implements these sections of the Act by specifically
stating that the ownership of real estate for office quarters of any
bank or association ``shall be limited to facilities reasonable and
necessary to meet the foreseeable requirements of the institution.''
Furthermore, Sec. 615.5170(a) expressly prohibits any FCS institution
from acquiring real property ``if it involves, or appears to involve, a
bank or association in the real estate or other unrelated business.''
For safety and soundness reasons, Sec. 615.5170(a) also prohibits banks
and associations from directly investing in real estate because such
extraneous business activities may increase the exposure of System
institutions to loss.
D. Deposits of Funds
The FCA proposes to repeal Sec. 615.5190. The FCA did not receive
any comments concerning Sec. 615.5190(a), but it proposes to repeal
this provision. The FCA has determined that Sec. 615.5190(a) is
unnecessary because sections 1.5(14), 2.2(10), 2.12(18) and 3.1(12) of
the Act provide the requisite authority for FCS institutions to deposit
current funds in commercial banks that are either members of the
Federal Reserve System, or are insured by the Federal Deposit Insurance
Corporation (FDIC).
Two Farm Credit banks recommended that the FCA repeal
Sec. 615.5190(b) because there is no statutory basis for requiring the
National Bank for Cooperatives (CoBank) to make foreign
[[Page 2554]] deposits for the other BCs. The commenters also assert
that Sec. 615.5190(b) unnecessarily restricts other BCs from becoming
active in the international arena.
Section 615.5190(b) was originally adopted in 1981 (46 FR 51881,
October 22, 1981), when there were 12 BCs and the Central Bank for
Cooperatives (CBC). After section 304 of the Farm Credit Act Amendments
of 19804 granted international lending authorities to the BCs, the
FCA decided that the CBC should conduct all international banking
transactions on behalf of the district BCs. At the time, only the CBC
had the expertise to reduce the safety and soundness risks that derive
from currency exchange transactions. After the CBC and 10 district BCs
merged to form the CoBank, the FCA amended Sec. 615.5190(b) to require
CoBank to assume the CBC's function. See 56 FR 2671, January 24, 1991.
\4\Pub. L. No. 96-592, Section 304, 94 Stat. 3437, 3444,
(December 24, 1980).
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After careful reflection on this issue, the FCA has determined that
the safety and soundness risks inherent in currency exchange
transactions should not be controlled by a regulation which flatly
prohibits a BC or an agricultural credit bank (ACB), other than CoBank,
from independently exercising its international banking authorities
under section 3.7(a) of the Act. The existing regulation unduly
restricts the business flexibility of BCs and ACBs, other than CoBank,
to offer a full range of high-quality, low-cost international financial
and credit services to their customers.
If Sec. 615.5190(b) is repealed, the FCA will rely upon its
examination and enforcement powers to ensure that all BCs and ACBs
conduct their currency exchange transactions in a safe and sound
manner. The FCA emphasizes that each BC and ACB is responsible for
employing personnel who have the competency and expertise to conduct
its international banking operations. In the alternative, a BC or an
ACB may contract with commercial banks, other FCS banks operating under
title III of the Act, or other qualified institutions for the
management of its currency exchange transactions.
Another provision in Sec. 615.5190(b) prohibits FCS banks from
holding certificates of deposit that are denominated in foreign
currencies as investments under Sec. 615.5140. This provision predates
the revisions to Sec. 615.5140, which now requires System banks to
acquire investments that are denominated only in United States dollars.
The duplicative nature of Sec. 615.5190 supports FCA's decision to
repeal this regulation.
E. Farm Credit Securities as Illustrations
The FCA is proposing to repeal Sec. 615.5498, which regulates the
illustration of Farm Credit securities that are used for educational or
illustrative purposes. The FCA proposes to delete Sec. 615.5498
although it received no comments about this regulation. The purpose of
this regulation is to deter counterfeiting of definitive FCS
securities. Since virtually all FCS securities are now issued in book-
entry form, Sec. 615.5498 is obsolete. The Federal Farm Credit Banks
Funding Corporation and individual System banks can implement adequate
safeguards to minimize the risk of counterfeiting of the few securities
that are still issued in definitive form.
F. Open Registered Mail and Express Policy
The FCA is proposing to repeal subpart P of part 615, which
consists of Secs. 615.5500, 615.5520, and 615.5530. These three
regulations govern the shipment of negotiable securities through the
United States Postal Service. The regulations of subpart P of part 615
were designed to eliminate the System's exposure to loss at a time when
FCS negotiable securities were routinely shipped by mail between the
Bureau of Printing and Engraving and the Federal Reserve Bank of New
York. The practice of shipping negotiable securities through the mail
was discontinued several years ago. The advent of electronic and
computer technology for transferring negotiable securities through the
book-entry system has rendered subpart P of part 615 obsolete.
G. Contributions and Membership in Other Organizations
Two FCBs petitioned the FCA either to delete or amend
Sec. 618.8220. This regulation requires the boards of directors of FCS
banks and associations to approve: (1) Charitable contributions; and
(2) the payment of membership dues in any voluntary association, club,
or society. The regulation further requires boards of directors, during
the approval process, to consider the business benefits and tax
consequences of such contributions and memberships for the bank or
association.
The commenters contend that Sec. 618.8220 prohibits an
institution's board of directors from delegating responsibility for
such matters to management. The commenters also assert that board
approval often prevents a Farm Credit bank or association from honoring
unforeseen charitable requests in a timely manner. In this context, the
commenters expressed concern that an FCS institution's reputation in
its community will suffer damage if it does not respond to requests
from charities and benevolent societies in a prompt and prudent manner.
The FCA agrees with the commenters that Sec. 618.8220 unnecessarily
interferes in the business operations of System institutions.
Furthermore, Sec. 618.8220 unnecessarily prescribes management
practices to System banks and associations. The FCA observes that
Sec. 618.8220 imposes requirements on FCS institutions that are not
commensurate with the safety and soundness risks posed by System
charitable and social activities. The FCA's examination and enforcement
powers can adequately deter System institutions from conducting these
activities in an unsafe and unsound manner. For these reasons, the FCA
is proposing to remove Sec. 618.8220 to provide FCS institutions the
additional flexibility they are seeking.
List of Subjects
12 CFR Part 614
Agriculture, Banks, Banking, Foreign trade, Reporting and
recordkeeping requirements, Rural areas.
12 CFR Part 615
Accounting, Agriculture, Banks, Banking, Government securities,
Investments, Rural areas.
12 CFR Part 618
Agriculture, Archives and records, Banks, Banking, Insurance,
Reporting and recordkeeping requirements, Rural areas, Technical
assistance.
For the reasons stated in the preamble, parts 614, 615, and 618 of
chapter VI, title 12 of the Code of Federal Regulations are proposed to
be amended to read as follows:
PART 614--LOAN POLICIES AND OPERATIONS
1. The authority citation for part 614 continues to read as
follows:
Authority: Secs. 1.3, 1.5, 1.6, 1.7, 1.9, 1.10, 2.0, 2.2, 2.3,
2.4, 2.10, 2.12, 2.13, 2.15, 3.0, 3.1, 3.3, 3.7, 3.8, 3.10, 3.20,
3.28, 4.12, 4.12A, 4.13, 4.13B, 4.14, 4.14A, 4.14C, 4.14D, 4.14E,
4.18, 4.19, 4.36, 4.37, 5.9, 5.10, 5.17, 7.0, 7.2, 7.6, 7.7, 7.8,
7.12, 7.13, 8.0, 8.5, of the Farm Credit Act (12 U.S.C. 2011, 2013,
2014, 2015, 2017, 2018, 2071, 2073, 2074, 2075, 2091, 2093, 2094,
2096, 2121, 2122, 2124, 2128, 2129, 2131, 2141, 2149, 2183, 2184,
2199, 2201, 2202, 2202a, 2202c, 2202d, 2202e, 2206, 2207, 2219a,
2219b, 2243, 2244, 2252, 2279a, 2279a-2, 2279b, 2279b-1, 2279b-2,
[[Page 2555]] 2279f, 2279f-1, 2279aa, 2279aa-5); sec. 413 of Pub. L.
100-233, 101 Stat. 1568, 1639.
Subpart M--Loan Approval Requirements
Sec. 614.4470 [Amended]
2. Section 614.4470 is amended by removing the words ``and approved
by the Farm Credit Administration'' from paragraphs (b)(1) and (b)(3).
PART 615--FUNDING AND FISCAL AFFAIRS, LOAN POLICIES AND OPERATIONS,
AND FUNDING OPERATIONS
3. The authority citation for part 615 continues to read as
follows:
Authority: Secs. 1.5, 1.7, 1.10, 1.11, 1.12, 2.2, 2.3, 2.4, 2.5,
2.12, 3.1, 3.7, 3.11, 3.25, 4.3, 4.9, 4.14B, 4.25, 5.9, 5.17, 6.20,
6.26, 8.0, 8.4, 8.6, 8.7, 8.8, 8.10, 8.12 of the Farm Credit Act (12
U.S.C. 2013, 2015, 2018, 2019, 2020, 2073, 2074, 2075, 2076, 2093,
2122, 2128, 2132, 2146, 2154, 2160, 2202b, 2211, 2243, 2252, 2278b,
2278b-6, 2279aa, 2279aa-4, 2279aa-6, 2279aa-7, 2279aa-8, 2279aa-10,
2279aa-12); sec. 301(a) of Pub. L. 100-233, 101 Stat. 1568, 1608.
Subpart C--Issuance of Bonds, Notes, Debentures and Similar
Obligations
Sec. 615.5104 [Removed]
4. Section 615.5104 is removed.
Sec. 615.5105 [Amended]
5. Section 615.5105 is amended by removing paragraph (c).
Subpart F--Property and Other Investments
Sec. 615.5170 [Amended]
6. Section 615.5170 is amended by removing paragraphs (b), (c),
(d), (e) and the designation for paragraph (a).
Subpart G--[Removed and reserved]
7. Subpart G, consisting of Sec. 615.5190, is removed and reserved.
Subpart O--Issuance of Farm Credit Securities
Sec. 615.5498 [Removed and reserved]
8. Section 615.5498 is removed and reserved.
Subpart P--[Removed and reserved]
9. Subpart P, consisting of Secs. 615.5500, 615.5520, and 615.5530,
is removed and reserved.
PART 618--GENERAL PROVISIONS
10. The authority citation for part 618 continues to read as
follows:
Authority: Secs. 1.5, 1.11, 1.12, 2.2, 2.4, 2.5, 2.12, 3.1, 3.7,
4.12, 4.13A, 4.25, 4.29, 5.9, 5.10, 5.17 of the Farm Credit Act (12
U.S.C. 2013, 2019, 2020, 2073, 2075, 2076, 2093, 2122, 2128, 2183,
2200, 2211, 2218, 2243, 2244, 2252).
Subpart F--Miscellaneous Provisions
Sec. 618.8220 [Removed and reserved]
11. Section 618.8220 is removed and reserved.
Dated: January 4, 1995.
Floyd Fithian,
Acting Secretary, Farm Credit Administration Board.
[FR Doc. 95-489 Filed 1-9-95; 8:45 am]
BILLING CODE 6705-01-P
