[Federal Register Volume 65, Number 23 (Thursday, February 3, 2000)]
[Proposed Rules]
[Pages 5286-5289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2333]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 65, No. 23 / Thursday, February 3, 2000 / 
Proposed Rules  

[[Page 5286]]



FARM CREDIT ADMINISTRATION

12 CFR Part 611

RIN 3052-AB86


Organization; Termination of Farm Credit Status

AGENCY:  Farm Credit Administration.

ACTION:  Proposed rule; supplemental and extension of comment period.

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SUMMARY:  We are publishing a sample exit fee calculation for a 
hypothetical Farm Credit System (FCS, Farm Credit or System) bank or 
association choosing to terminate its Farm Credit status. The purpose 
of this supplement is to guide FCS institutions through the exit fee 
calculation described in our proposed termination rule. We are also 
extending the comment period for the proposed termination rule.

DATES:  Please send your comments to us on or before March 6, 2000. The 
comment period for the proposed rule (64 FR 60370, November 5, 1999) is 
extended to March 6, 2000.

ADDRESSES:  We encourage you to send comments via electronic mail to 
``[email protected]'' or through the Pending Regulations section of our 
interactive website at ``www.fca.gov.'' You may mail or deliver 
comments to Patricia W. DiMuzio, Director, Regulation and Policy 
Division, Office of Policy and Analysis, 1501 Farm Credit Drive, 
McLean, VA, 22102-5090 or send by facsimile transmission to (703) 734-
5784. You may review copies of all comments we receive in the Office of 
Policy and Analysis, FCA.

FOR FURTHER INFORMATION CONTACT:

Alan Markowitz, Senior Policy Analyst, Office of Policy and Analysis, 
Farm Credit Administration, McLean, VA 22102-5090, (703) 883-4479; or
Rebecca S. Orlich, Senior Attorney, Office of General Counsel, Farm 
Credit Administration, McLean, VA 22102-5090, (703) 883-4020, TDD (703) 
883-4444.

SUPPLEMENTARY INFORMATION: The objectives of our supplemental 
information are:

 To ensure that the readers of our proposed termination rule 
understand the exit fee calculation for an institution terminating its 
Farm Credit status; and
 To extend the comment period on the proposed termination rule.

1. Sample Exit Fee Calculation

    Our proposed termination regulation was published on November 5, 
1999 (64 FR 60370). Section 611.1255(a) of our proposal prescribes the 
calculation of a terminating association's exit fee, and 
Sec. 611.1255(b) prescribes the calculation of a terminating bank's 
exit fee. This supplemental information contains hypothetical examples 
of an association terminating alone and of that same association 
terminating along with its affiliated bank to illustrate how to apply 
the procedures described in Sec. 611.1255(a) and (b). (The exit fee 
calculation for an association is the same whether it terminates alone 
or with its affiliated bank.) The exit fee calculation worksheet will 
not be part of the final termination regulations.
    Our examples contain selected balance sheet items for a Farm Credit 
Bank and a direct lending association. The first part of our examples 
includes the balance sheet assumptions for each institution. We provide 
the average daily balances (ADBs) for those items where the proposed 
rule requires such calculations. We have included only those balance 
sheet items that are necessary for calculating the exit fees for the 
bank and the association. For your convenience, notes follow the 
worksheet and explain which provision of the termination regulations 
each worksheet line implements.

2. Extension of Comment Period

    In our proposed rule, we provided for a 90-day comment period 
ending on February 3, 2000. In order to give the public ample time to 
study the sample exit fee calculation before submitting comments, we 
are extending the comment period on the proposed rule.

BILLING CODE 6705-01-P

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Notes to the Worksheet

    All the references are to paragraphs of proposed Sec. 611.1255.
    Line 1. Paragraphs (a)(1), (a)(2), and (a)(3). Assume for this 
calculation that you have not paid or accrued the amounts described in 
lines 4-7.
    Line 2. Paragraph (a)(4)(i). This item includes only the expenses 
incurred in the 12 months before termination.
    Line 3. Paragraph (a)(4)(i).
    Line 4. Paragraph (a)(4)(ii)(A).
    Line 5. Paragraph (a)(4)(ii)(B).
    Lines 6 and 7. Paragraph (a)(4)(ii)(C).
    Lines 8 and 9. Paragraph (a)(4)(ii).
    Lines 10 and 11. Paragraph (a)(4)(iv). This is an adjustment to 
assets we may require. In this example, we are requiring the 
terminating association to add back to its assets the termination 
expenses it paid or accrued more than 12 months before termination.
    Line 12. Paragraphs (a)(1) and (a)(3). Assume for this calculation 
that you have not paid or accrued the amounts described in lines 4-7.
    Lines 13 and 14. Paragraph (a)(4)(iii).
    Lines 15 and 16. Paragraph (a)(4)(iv). This is an adjustment to 
liabilities we may require. In this example, we are not requiring the 
terminating association to make adjustments to its liabilities.
    Line 17. Paragraph (a)(5).
    Lines 18 and 19. Paragraph (a)(6)--association terminating alone, 
or (b)(1)--association terminating with its affiliated bank. The exit 
fee calculation ends here for an association terminating without its 
affiliated bank.
    Line 20. Paragraphs (b)(2), (b)(3), and (b)(4). Assume for this 
calculation that you have not paid or accrued the amounts described in 
lines 27-30. We note that proposed paragraph (b)(4) incorrectly refers 
to ``assets and total capital.'' It should say ``assets and 
liabilities.''
    Line 21. Paragraph (b)(5)(i)(A).
    Line 22. paragraph (b)(5)(i)(B).
    Lines 23 and 24. Paragraph (b)(5)(i).
    Line 25. Paragraph (b)(5)(ii).
    Line 26. Paragraph (b)(5)(iii)(A).
    Line 27. Paragraph (b)(5)(iii)(B).
    Line 28. Paragraph (b)(5)(iii)(C).
    Lines 29 and 30. Paragraph (b)(5)(iii)(D). In this example, we 
assume there are no dissenting stockholders.
    Lines 31 and 32. Paragraph (b)(5)(iii).
    Lines 33 and 34. Paragraph (b)(5)(v). This is an adjustment to 
assets we may require. In this example, we are requiring the 
terminating bank to add back to its assets the termination expenses it 
paid or accrued more than 12 months before termination.
    Line 35. Paragraphs (b)(2), (b)(3), and (b)(4). We note that 
proposed paragraph (b)(4) incorrectly refers to ``assets and total 
capital.'' It should say ``assets and liabilities.''
    Line 36. Paragraph (b)(5)(ii).
    Line 37. Paragraph (b)(5)(iv).
    Lines 38 and 39. Paragraphs (b)(5)(ii) and (b)(5)(iv).
    Lines 40 and 41. Paragraph (b)(5)(v). This is an adjustment to 
liabilities we may require. In this example, we are not requiring the 
terminating bank to make adjustments to its liabilities.
    Lines 42-51. Paragraph (b)(6). These lines show how to combine the 
balance sheets of the terminating bank and terminating association.
    Line 52. Paragraph (b)(7).
    Lines 53-55. Paragraph (b)(8).
    Line 56. Paragraph (b)(9).

    Dated: January 27, 2000.
Vivian L. Portis,
Secretary, Farm Credit Administration Board.
[FR Doc. 00-2333 Filed 2-2-00; 8:45 am]
BILLING CODE 6705-01-P