65326 Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Notices

transmit claims information to the

proper Payers and transmit Payers’

coverage decisions to Providers for

posting on Providers’ books as accounts

receivable. In addition, Company would

arrange for electronic funds transfers

from Payers to Providers through an

affiliate, First American National Bank,

Nashville, Tennessee (Bank), offer

medical service credit cards, issued by

Bank, to Providers’ patients to be used

to pay for all medical expenses not

covered by Payers, and operate a

collection agency for Providers to

collect past-due accounts. Company also

would perform general data processing

services, including maintaining medical

records and scheduling the provision of

medical services, for Springhill

Hospitals, Inc., Mobile, Alabama, which

is affiliated with Applicant’s coventurer and would serve as a beta site

for the testing and development of data

processing and transmission software

and facilities offered by Company to

Providers. Applicant also proposes that

Company would provide electronic

storage and retrieval of financial

documents and information to insured

depository institutions and other

financial companies. The scope of

Company’s activities would be

nationwide.

Section 4(c)(8) of the BHC Act

provides that a bank holding company

may engage in any activity that the

Board, after due notice and opportunity

for hearing, has determined by order or

regulation to be so closely related to

banking or managing or controlling

banks as to be a proper incident thereto.

This statutory test requires that two

separate tests be met for an activity to

be permissible for a bank holding

company. First, the Board must

determine that the activity is, as a

general matter, closely related to

banking. Second, the Board must find in

a particular case that the performance of

the activity by the applicant bank

holding company may reasonably be

expected to produce public benefits that

outweigh possible adverse effects.

A particular activity may be found to

meet the ‘‘closely related to banking’’

test if it is demonstrated that banks have

generally provided the proposed

services, that banks generally provide

services that are operationally or

functionally similar to the proposed

services so as to equip them particularly

well to provide the proposed services,

or that banks generally provide services

that are so integrally related to the

proposed services as to require their

provision in a specialized form.

National Courier Ass’n v. Board of

Governors, 516 F.2d 1229, 1237 (D.C.

Cir. 1975). In addition, the Board may

consider any other basis that may

demonstrate that the activity has a

reasonable or close relationship to

banking or managing or controlling

banks. Board Statement Regarding

Regulation Y, 49 FR 806 (1984).

Applicant states that the Board

previously has determined by regulation

that providing certain financial,

banking, or economic data processing

and data transmission services and

facilities and providing access to such

services and facilities by any

technological means are closely related

to banking for purposes of section

4(c)(8) of the BHC Act. See 12 CFR

225.25(b)(7). Applicant maintains that

the transmission of claims from

providers to payers and the payers’

responses to such claims constitutes the

transmission of financial data.

Applicant also contends that, to the

extent the proposed activities involve

transmitting nonfinancial data (such as

patient identification, coverage

eligibility, and a description of the

medical services provided), a bank

holding company may engage in these

activities as incidental to the

transmitting of Providers’ requests for

payment. See Banc One Corporation, 80

Federal Reserve Bulletin 139 (1994).

Applicant contends that Providers’

requests for payment and Payers’

remittance decisions on those requests

are financial data, even in the absence

of an actual transfer of funds. See

Citicorp, 72 Federal Reserve Bulletin

497 (1986).

Applicant states that the Board

previously has determined by regulation

that operating a collection agency for

overdue accounts receivable, either

retail or commercial, is closely related

to banking for purposes of section

4(c)(8) of the BHC Act, provided the

collection agency does not obtain the

names of customers of competing

collection agencies from an affiliated

depository institution that maintains

trust accounts for those agencies and

does not provide preferential treatment

to an affiliate or customers of an affiliate

seeking collection of an outstanding

debt. See 12 CFR 225.25(b)(23).

Applicant states that its proposed

collection agency activities would solely

be for overdue accounts as required by

the Board’s regulation.

In order to approve the proposal, the

Board also must determine that the

proposed activities to be engaged in by

Company are a proper incident to

banking that ‘‘can reasonably be

expected to produce benefits to the

public, such as greater convenience,

increased competition, or gains in

efficiency, that outweigh possible

adverse effects, such as undue

concentration of resources, decreased or

unfair competition, conflicts of

interests, or unsound banking

practices.’’ 12 U.S.C. 1843(c)(8).

Applicant contends that its proposal

would produce public benefits,

including gains in efficiency, that

outweigh any potential adverse effects.

In publishing the proposal for

comment, the Board does not take a

position on issues raised by the

proposal. Notice of the proposal is

published solely to seek the views of

interested persons on the issues

presented by the notice and does not

represent a determination by the Board

that the proposal meets, or is likely to

meet, the standards of the BHC Act.

Any comments or requests for hearing

should be submitted in writing to

William W. Wiles, Secretary, Board of

Governors of the Federal Reserve

System, Washington, D.C. 20551, not

later than January 2, 1996. Any request

for a hearing on this notice must, as

required by § 262.3(e) of the Board’s

Rules of Procedure (12 CFR 262.3(e)), be

accompanied by a statement of reasons

why a written presentation would not

suffice in lieu of a hearing, identifying

specifically any questions of fact that

are in dispute, summarizing the

evidence that would be presented at a

hearing, and indicating how the party

commenting would be aggrieved by

approval of the proposal.

This application may be inspected at

the offices of the Board of Governors or

the Federal Reserve Bank of Atlanta.

Board of Governors of the Federal Reserve

System, December 12, 1995.

Jennifer J. Johnson,

Deputy Secretary of the Board.

[FR Doc. 95–30728 Filed 12–18–95; 8:45 am]

BILLING CODE 6210–01–F

Middlefork Financial Group, Inc., et al.;

Formations of; Acquisitions by; and

Mergers of Bank Holding Companies

The companies listed in this notice

have applied for the Board’s approval

under section 3 of the Bank Holding

Company Act (12 U.S.C. 1842) and §

225.14 of the Board’s Regulation Y (12

CFR 225.14) to become a bank holding

company or to acquire a bank or bank

holding company. The factors that are

considered in acting on the applications

are set forth in section 3(c) of the Act

(12 U.S.C. 1842(c)).

Each application is available for

immediate inspection at the Federal

Reserve Bank indicated. Once the

application has been accepted for

processing, it will also be available for

inspection at the offices of the Board of

Governors. Interested persons may
Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Notices 65327

express their views in writing to the

Reserve Bank or to the offices of the

Board of Governors. Any comment on

an application that requests a hearing

must include a statement of why a

written presentation would not suffice

in lieu of a hearing, identifying

specifically any questions of fact that

are in dispute and summarizing the

evidence that would be presented at a

hearing.

Unless otherwise noted, comments

regarding each of these applications

must be received not later than January

11, 1996.

A. Federal Reserve Bank of Cleveland

(John J. Wixted, Jr., Vice President) 1455

East Sixth Street, Cleveland, Ohio

44101:

1. Middlefork Financial Group, Inc.,

Hyden, Kentucky; to acquire 100

percent of the voting shares of Farmers

& Traders Bank of Campton, Campton,

Kentucky.

B. Federal Reserve Bank of

Richmond (Lloyd W. Bostian, Jr., Senior

Vice President) 701 East Byrd Street,

Richmond, Virginia 23261:

1. Centura Banks, Inc., Rocky Mount,

North Carolina; to merge with First

Commercial Holding Corporation,

Asheville, North Carolina, and thereby

indirectly acquire First Commercial

Bank, Asheville, North Carolina.

C. Federal Reserve Bank of Atlanta

(Zane R. Kelley, Vice President) 104

Marietta Street, N.W., Atlanta, Georgia

30303:

1. Whitney Holding Corporation, New

Orleans, Louisiana; to merge with First

Citizens BancStock, Inc., Morgan City,

Louisiana, and thereby indirectly

acquire First National Bank in St. Mary

Parish, Morgan City, Louisiana.

D. Federal Reserve Bank of St. Louis

(Randall C. Sumner, Vice President) 411

Locust Street, St. Louis, Missouri 63166:

1. CCB Bancorp, Inc., Santa Ana,

California (a subsidiary of First Banks,

Inc., Creve Coeur, Missouri); to merge

with QCB Bancorp, Long Beach,

California (a subsidiary of First Banks,

Inc., Creve Coeur, Missouri), and

thereby indirectly acquire Queen City

Bank, N.A., Long Beach, California.

E. Federal Reserve Bank of Kansas

City (John E. Yorke, Senior Vice

President) 925 Grand Avenue, Kansas

City, Missouri 64198:

1. FirstBank Holding Company of

Colorado, Lakewood, Colorado; to

acquire 100 percent of the voting shares

of The Bank of Douglas County, Castle

Rock, Colorado.

Board of Governors of the Federal Reserve

System, December 12, 1995.

Jennifer J. Johnson,

Deputy Secretary of the Board.

[FR Doc. 95–30722 Filed 12–18–95; 8:45 am]

BILLING CODE 6210–01–F

Julie Christine Yarbrough, et al.;

Change in Bank Control Notices;

Acquisitions of Shares of Banks or

Bank Holding Companies

The notificants listed below have

applied under the Change in Bank

Control Act (12 U.S.C. 1817(j)) and §

225.41 of the Board’s Regulation Y (12

CFR 225.41) to acquire a bank or bank

holding company. The factors that are

considered in acting on the notices are

set forth in paragraph 7 of the Act (12

U.S.C. 1817(j)(7)).

The notices are available for

immediate inspection at the Federal

Reserve Bank indicated. Once the

notices have been accepted for

processing, they will also be available

for inspection at the offices of the Board

of Governors. Interested persons may

express their views in writing to the

Reserve Bank indicated for that notice

or to the offices of the Board of

Governors. Comments must be received

not later than January 2, 1996.

A. Federal Reserve Bank of St. Louis

(Randall C. Sumner, Vice President) 411

Locust Street, St. Louis, Missouri 63166:

1. Julie Christine Yarbrough,

Shawnee, Kansas; to acquire an

additional 7.31 percent, for a total of

31.93 percent, of the voting shares of

B.B. Bancshares, Inc., Shell Knob,

Missouri, and thereby indirectly acquire

The Community Bank of Shell Knob,

Shell Knob, Missouri.

B. Federal Reserve Bank of

Minneapolis (James M. Lyon, Vice

President) 250 Marquette Avenue,

Minneapolis, Minnesota 55480:

1. Richard F. Wartman, Ashland,

Wisconsin; and Eugene A. Halker,

Ashland, Wisconsin (as trustee), to each

acquire an additional 7.32 percent, for a

total of 30.96 percent; Laura G. Halker,

Ashland, Wisconsin (as trustee), to

acquire an additional 6.15 percent, for a

total of 26.01 percent; Dennis K.

Christensen, Ontonagon, Michigan, to

acquire an additional 7.31 percent, for a

total of 30.90 percent; and Halker Joint

Revocable Trust, Ashland, Wisconsin, to

acquire an additional 6.15 percent, for a

total of 26.01 percent, of the voting

shares of UP Financial, Inc., Ontonagon,

Michigan, and thereby indirectly

acquire First National Bank in

Ontonagon, Ontonagon, Michigan.

Board of Governors of the Federal Reserve

System, December 13, 1995.

Jennifer J. Johnson,

Deputy Secretary of the Board.

[FR Doc. 95–30729 Filed 12–18–95; 8:45 am]

BILLING CODE 6210–01–F

FEDERAL TRADE COMMISSION

Announcement of Dates for Public

Workshop Regarding ‘‘Made in USA’’

Claims in Product Advertising and

Labeling and Procedure for

Requesting to Participate

AGENCY: Federal Trade Commission.

ACTION: Announcement of dates for

public workshop on the use of ‘‘Made in

USA’’ claims in product advertising and

labeling and procedures for requesting

to participate.

SUMMARY: On October 18, 1995 the

Federal Trade Commission

(Commissioner Roscoe B. Starek, III

dissenting) published a Federal Register

Notice seeking public comments

through January 16, 1996 in connection

with its comprehensive review of

consumers’ perceptions of ‘‘Made in

USA’’ claims in product advertising and

labeling. As part of this review, the

Commission announced that it would

invite representatives of consumers,

industry, government agencies, and

other groups to attend a public

workshop to exchange views on the

issues, including those raised by the

comments received. Among other

things, in its review the Commission

will be considering (i) whether it should

alter its legal standard regarding the use

of unqualified ‘‘Made in USA’’ claims,

and (ii) how domestic content should be

measured under any future standard.

The Commission has scheduled the

workshop for March 26–27, 1996 at its

headquarters at Sixth Street and

Pennsylvania Ave., N.W., Washington,

D.C. If necessary to accommodate the

number of issues raised by the

comments, the workshop may be

continued through March 28. Today’s

Federal Register Notice discusses,

among other matters, the procedure to

be followed by those who wish to

participate in the workshop. The

Commission also announces that it will

hold the record of this proceeding open

for approximately one month (until

April 30, 1996) for workshop

participants and other interested parties

to submit clarifying or rebuttal

comments on the issues discussed at the

workshop.

DATES: Requests to participate in the

workshop must be submitted on or

before January 16, 1996.