Federal Register / Vol. 60, No. 205 / Tuesday, October 24, 1995 / Notices 54503 voting shares of Community Bank of 1. Bank Corporation of Georgia, fact that are in dispute, summarizing the South Florida, Inc., Homestead, Florida, Macon, Georgia; to acquire 100 percent evidence that would be presented at a and thereby indirectly retain shares of of the voting shares of Effingham Bank hearing, and indicating how the party Community Bank of Homestead, & Trust, Rincon, Georgia. commenting would be aggrieved by Homestead, Florida. 2. Regions Financial Corporation, approval of the proposal. Board of Governors of the Federal Reserve Birmingham, Alabama; to merge with Comments regarding the application System, October 18, 1995. Metro Financial Corporation, Atlanta, must be received at the Reserve Bank Jennifer J. Johnson, Georgia, and thereby indirectly acquire indicated or the offices of the Board of Metro Bank, Atlanta, Georgia. Governors not later than November 17, Deputy Secretary of the Board. 1995. [FR Doc. 95-26276 Filed 10-23-95; 8:45 am] Board of Governors of the Federal Reserve System, October 18, 1995. A. Federal Reserve Bank of BILLING CODE 6210-01-F Jennifer J. Johnson, Minneapolis (James M. Lyon, Vice President) 250 Marquette Avenue, Deputy Secretary of the Board. Minneapolis, Minnesota 55480: BT Financial Corporation, et al.; [FR Doc. 95–26277 Filed 10–23–95; 8:45 am] 1. First Bank System, Inc., Formations of; Acquisitions by; and BILLING CODE 6210±01±F Minneapolis, Minnesota; to merge with Mergers of Bank Holding Companies FirsTier Financial, Inc., Omaha, Nebraska, and thereby indirectly acquire The companies listed in this notice First Bank System, Inc.; Formation of, FirsTier Bank, N.A., Omaha, Nebraska; have applied for the Board’s approval Acquisition by, or Merger of Bank FirsTier Bank, N.A., Norfolk, Nebraska; under section 3 of the Bank Holding Holding Companies; and Acquisition FirsTier Bank, N.A., Scottsbluff, Company Act (12 U.S.C. 1842) and § of Nonbanking Company 225.14 of the Board’s Regulation Y (12 Nebraska; FirsTier Bank, N.A., Lincoln, CFR 225.14) to become a bank holding The company listed in this notice has Nebraska; Nevada National Bank, company or to acquire a bank or bank applied under § 225.14 of the Board’s Nevada, Iowa; Security Savings Bank, holding company. The factors that are Regulation Y (12 CFR 225.14) for the Williamsburg, Iowa; and Valley State considered in acting on the applications Board’s approval under section 3 of the Bank, Rock Valley, Iowa. are set forth in section 3(c) of the Act Bank Holding Company Act (12 U.S.C. In connection with this application, (12 U.S.C. 1842(c)). 1842) to become a bank holding Applicant also has applied to acquire Each application is available for company or to acquire voting securities FirsTier Insurance, Inc., Omaha, immediate inspection at the Federal of a bank or bank holding company. The Nebraska, and thereby engage in the sale Reserve Bank indicated. Once the listed company has also applied under of credit-related insurance in application has been accepted for § 225.23(a)(2) of Regulation Y (12 CFR connection with extensions of credit by processing, it will also be available for 225.23(a)(2)) for the Board’s approval the FirsTier Financial, Inc., bank inspection at the offices of the Board of under section 4(c)(8) of the Bank subsidiaries, pursuant to §§ Governors. Interested persons may Holding Company Act (12 U.S.C. 225.25(b)(8)(i) and (vii) of the Board’s express their views in writing to the 1843(c)(8)) and § 225.21(a) of Regulation Regulation Y; FirsTier Mortgage Reserve Bank or to the offices of the Y (12 CFR 225.21(a)) to acquire or Company, Omaha, Nebraska, and Board of Governors. Any comment on control voting securities or assets of a thereby engage in mortgage lending an application that requests a hearing company engaged in a nonbanking activities, pursuant to § 225.25(b)(1) of must include a statement of why a activity that is listed in § 225.25 of the Board’s Regulation Y; and Wyoming written presentation would not suffice Regulation Y as closely related to Trust Management Company, Gillette, in lieu of a hearing, identifying banking and permissible for bank Wyoming, and thereby engage in specifically any questions of fact that holding companies, or to engage in such providing fiduciary and asset are in dispute and summarizing the an activity. Unless otherwise noted, management services to individuals and evidence that would be presented at a these activities will be conducted corporations, pursuant to §§ hearing. throughout the United States. 225.25(b)(3) and (4) of the Board’s Unless otherwise noted, comments The application is available for Regulation Y. regarding each of these applications immediate inspection at the Federal Board of Governors of the Federal Reserve must be received not later than Reserve Bank indicated. Once the System, October 18, 1995. November 17, 1995 application has been accepted for Jennifer J. Johnson, A. Federal Reserve Bank of processing, it will also be available for Deputy Secretary of the Board. inspection at the offices of the Board of Philadelphia (Michael E. Collins, Senior [FR Doc. 95–26278 Filed 10–23–95; 8:45 am] Vice President) 100 North 6th Street, Governors. Interested persons may BILLING CODE 6210±01±F Philadelphia, Pennsylvania 19105: express their views in writing on the 1. BT Financial Corporation, question whether consummation of the Johnstown, Pennsylvania; to acquire 100 proposal can ‘‘reasonably be expected to First National of Nebraska, Inc.; percent of the voting shares of The produce benefits to the public, such as Application to Engage in Nonbanking Huntington National Bank of greater convenience, increased Activities Pennsylvania, Uniontown, competition, or gains in efficiency, that Pennsylvania. outweigh possible adverse effects, such First National of Nebraska, Inc., In connection with this application, as undue concentration of resources, Omaha, Nebraska (Applicant), has given the target bank will be merged with and decreased or unfair competition, notice pursuant to section 4(c)(8) of the into Applicant’s subsidiary bank, conflicts of interests, or unsound Bank Holding Company Act (12 U.S.C. Fayette Bank, Uniontown, banking practices.’’ Any request for a 1843(c)(8)) (BHC Act) and § 225.23(a)(3) Pennsylvania. hearing on this question must be of the Board’s Regulation Y (12 CFR B. Federal Reserve Bank of Atlanta accompanied by a statement of the 225.23(a)(3)) to engage de novo through (Zane R. Kelley, Vice President) 104 reasons a written presentation would a wholly owned subsidiary, First Marietta Street, N.W., Atlanta, Georgia not suffice in lieu of a hearing, Technology Solutions, Inc., Omaha, 30303: identifying specifically any questions of Nebraska (Company), in designing, 54504 Federal Register / Vol. 60, No. 205 / Tuesday, October 24, 1995 / Notices selecting, installing, and testing client/ maintains that Company’s activities later than November 7, 1995. Any server computer networks (server with respect to server networks would request for a hearing on this notice networks), and providing support be data processing, would relate must, as required by § 262.3(e) of the services for the operation of such primarily to financial, banking, or Board’s Rules of Procedure (12 CFR networks. These services would be economic data, and would otherwise 262.3(e)), be accompanied by a provided to depository institutions and conform to Regulation Y. statement of reasons why a written certain other customers. Applicant Applicant also states that the Board presentation would not suffice in lieu of proposes to conduct these activities on has determined by order that a bank a hearing, identifying specifically any a nationwide basis. holding company may engage in these questions of fact that are in dispute, Section 4(c)(8) of the BHC Act activities with respect to other data as summarizing the evidence that would provides that a bank holding company part of its offering of a larger package of be presented at a hearing, and indicating may engage in any activity that the data processing services, when how the party commenting would be Board, after due notice and opportunity nonfinancial data processing is a aggrieved by approval of the proposal. for hearing, has determined by order or relatively small part of the package and This application may be inspected at regulation to be so closely related to is a necessary part of providing financial the offices of the Board of Governors or banking or managing or controlling data processing. See BNCCORP, 81 the Federal Reserve Bank of Kansas banks as to be a proper incident thereto. Federal Reserve Bulletin 295 (1995). City. This statutory test requires that two Applicant represents that nonfinancial Board of Governors of the Federal Reserve separate tests be met for an activity to data processing would be a relatively System, October 18, 1995. be permissible for a bank holding small part of its proposed activities, and Jennifer J. Johnson, company. First, the Board must that it is necessary to provide Deputy Secretary of the Board. determine that the activity is, as a nonfinancial data processing on a [FR Doc. 95–26279 Filed 10–23–95; 8:45 am] general matter, closely related to client/server network in order to banking. Second, the Board must find in accommodate traditional financial data BILLING CODE 6210±01±F a particular case that the performance of processing. the activity by the applicant bank In order to approve the proposal, the South Florida Banking Corp.; Notice of holding company may reasonably be Board also must determine that the Application to Engage de novo in expected to produce public benefits that proposed activities to be engaged in by Permissible Nonbanking Activities outweigh possible adverse effects. Company ‘‘can reasonably be expected A particular activity may be found to to produce benefits to the public, such The company listed in this notice has meet the ‘‘closely related to banking’’ as greater convenience, increased filed an application under § 225.23(a)(1) test if it is demonstrated that banks have competition, or gains in efficiency, that of the Board’s Regulation Y (12 CFR generally provided the proposed outweigh possible adverse effects, such 225.23(a)(1)) for the Board’s approval activity, that banks generally provide as undue concentration of resources, under section 4(c)(8) of the Bank services that are operationally or decreased or unfair competition, Holding Company Act (12 U.S.C. functionally similar to the proposed conflicts of interests, or unsound 1843(c)(8)) and § 225.21(a) of Regulation activity so as to equip them particularly banking practices.’’ 12 U.S.C. 1843(c)(8). Y (12 CFR 225.21(a)) to commence or to well to provide the proposed activity, or Applicant states that its proposal would engage de novo, either directly or that banks generally provide services produce public benefits that outweigh through a subsidiary, in a nonbanking that are so integrally related to the any potential adverse effects. In activity that is listed in § 225.25 of proposed activity as to require their particular, Applicant maintains that Regulation Y as closely related to provision in a specialized form. Company’s proposed activities would banking and permissible for bank National Courier Ass’n v. Board of increase the availability of the proposed holding companies. Unless otherwise Governors, 516 F.2d 1229, 1237 (D.C. services to smaller financial institutions noted, such activities will be conducted Cir. 1975). In addition, the Board may (and certain other customers), which throughout the United States. consider any other basis that may frequently lack staff expertise in The application is available for demonstrate that the activity has a selecting and supporting the operation immediate inspection at the Federal reasonable or close relationship to of server networks. In addition, Reserve Bank indicated. Once the banking or managing or controlling Applicant states that the proposed application has been accepted for banks. Board Statement Regarding activities would not result in adverse processing, it will also be available for Regulation Y, 49 FR 806 (1984). effects such as an undue concentration inspection at the offices of the Board of Applicant states that the Board of resources, decreased or unfair Governors. Interested persons may previously has determined by regulation competition, conflicts of interests, or express their views in writing on the that providing certain data processing unsound banking practices. question whether consummation of the and data transmission services and In publishing the proposal for proposal can ‘‘reasonably be expected to facilities and providing access to such comment, the Board does not take a produce benefits to the public, such as services and facilities by any position on issues raised by the greater convenience, increased technological means are closely related proposal. Notice of the proposal is competition, or gains in efficiency, that to banking for purposes of section published solely to seek the views of outweigh possible adverse effects, such 4(c)(8) of the BHC Act. In order to be interested persons on the issues as undue concentration of resources, found to be closely related to banking, presented by the notice and does not decreased or unfair competition, the data to be handled must be represent a determination by the Board conflicts of interests, or unsound ‘‘financial, banking, or economic’’ in that the proposal meets, or is likely to banking practices.’’ Any request for a nature, and such activities must be meet, the standards of the BHC Act. hearing on this question must be conducted within certain additional Any comments or requests for hearing accompanied by a statement of the limitations established by the Board. should be submitted in writing to reasons a written presentation would See 12 CFR 225.25(b)(7) (providing data William W. Wiles, Secretary, Board of not suffice in lieu of a hearing, processing and data transmission Governors of the Federal Reserve identifying specifically any questions of services and facilities). Applicant System, Washington, D.C. 20551, not fact that are in dispute, summarizing the