Electronic Fund Transfers, 69500-69504 [E6-20301]
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(c) When performing inspections of
products from sea containers unloaded
directly from sea transportation or when
palletized products unloaded directly
from sea transportation are not offered
for inspection at dock-side, the carlot
fees in ‘‘a’’ of this section shall apply.
(d) When performing inspections for
Government agencies, or for purposes
other than those prescribed in
paragraphs (a) through (c) of this
section, including weight-only and
freezing-only inspections, fees for
inspections shall be based on the time
consumed by the grader in connection
with such inspections, computed at a
rate of $64 ($74) per hour:
Provided, that:
(1) Charges for time shall be rounded
to the nearest half hour;
(2) The minimum fee shall be two
hours for weight-only inspections, and
one-half hour for other inspections;
(3) When weight certification is
provided in addition to quality and/or
condition inspection, a one-hour charge
shall be added to the carlot fee;
(4) When inspections are performed to
certify product compliance for Defense
Personnel Support Centers, the daily or
weekly charge shall be determined by
multiplying the total hours consumed to
conduct inspections by the hourly rate.
The daily or weekly charge shall be
prorated among applicants by
multiplying the daily or weekly charge
by the percentage of product passed
and/or failed for each applicant during
that day or week. Waiting time and
overtime charges shall be charged
directly to the applicant responsible for
their incurrence.
(e) When performing inspections at
the request of the applicant during
periods which are outside the grader’s
regularly scheduled work week, a
charge for overtime or holiday work
shall be made at the rate of $33 ($38) per
hour or portion thereof in addition to
the carlot equivalent fee, package
charge, or hourly charge specified in
this subpart. Overtime or holiday
charges for time shall be rounded to the
nearest half hour.
(f) When an inspection is delayed
because product is not available or
readily accessible, a charge for waiting
time shall be made at the prevailing
hourly rate in addition to the carlot
equivalent fee, package charge, or
hourly charge specified in this subpart.
Waiting time shall be rounded to the
nearest half hour.
Dated: November 27, 2006.
Lloyd C. Day,
Administrator, Agriculture Marketing Service.
[FR Doc. E6–20315 Filed 11–30–06; 8:45 am]
BILLING CODE 3410–02–P
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FEDERAL RESERVE SYSTEM
12 CFR Part 205
[Regulation E; Docket No. R–1270]
Electronic Fund Transfers
Board of Governors of the
Federal Reserve System.
ACTION: Proposed rule; request for
public comment.
AGENCY:
SUMMARY: The Board is proposing to
amend Regulation E, which implements
the Electronic Fund Transfer Act, and
the official staff commentary to the
regulation, which interprets the
requirements of Regulation E. The
proposed amendments would create an
exception for certain small-dollar
transactions from the requirement that
terminal receipts be made available to
consumers at the time of the transaction.
DATES: Comments must be received on
or before January 30, 2007.
ADDRESSES: You may submit comments,
identified by Docket No. R–1270, by any
of the following methods:
• Agency Web Site: https://
www.federalreserve.gov. Follow the
instructions for submitting comments at
https://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
regs.comments@federalreserve.gov.
Include the docket number in the
subject line of the message.
• FAX: (202) 452–3819 or (202) 452–
3102.
• Mail: Jennifer J. Johnson, Secretary,
Board of Governors of the Federal
Reserve System, 20th Street and
Constitution Avenue, NW., Washington,
DC 20551.
All public comments are available
from the Board’s Web site at https://
www.federalreserve.gov/generalinfo/
foia/ProposedRegs.cfm as submitted,
unless modified for technical reasons.
Accordingly, your comments will not be
edited to remove any identifying or
contact information. Public comments
may also be viewed electronically or in
paper form in Room MP–500 of the
Board’s Martin Building (20th and C
Streets, NW.) between 9 a.m. and 5 p.m.
on weekdays.
FOR FURTHER INFORMATION CONTACT: Ky
Tran-Trong or David A. Stein, Counsels,
or Vivian W. Wong, Attorney, Division
of Consumer and Community Affairs,
Board of Governors of the Federal
Reserve System, Washington, DC 20551,
at (202) 452–2412 or (202) 452–3667.
For users of Telecommunications
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Device for the Deaf (TDD) only, contact
(202) 263–4869.
SUPPLEMENTARY INFORMATION:
I. Statutory Background
The Electronic Fund Transfer Act (15
U.S.C. 1693 et seq.) (EFTA or Act),
enacted in 1978, provides a basic
framework establishing the rights,
liabilities, and responsibilities of
participants in electronic fund transfer
(EFT) systems. The EFTA is
implemented by the Board’s Regulation
E (12 CFR part 205). Examples of the
types of transfers covered by the Act
and regulation include transfers
initiated through an automated teller
machine (ATM), point-of-sale (POS)
terminal, automated clearinghouse
(ACH), telephone bill-payment plan, or
remote banking service. The Act and
regulation provide for the disclosure of
terms and conditions of an EFT service;
documentation of EFTs by means of
terminal receipts and periodic account
activity statements; limitations on
consumer liability for unauthorized
transfers; procedures for error
resolution; and certain rights related to
preauthorized EFTs. Further, the Act
and regulation also restrict the
unsolicited issuance of ATM cards and
other access devices.
The official staff commentary (12 CFR
part 205 (Supp. I)) interprets the
requirements of Regulation E to
facilitate compliance and provides
protection from liability under Sections
915 and 916 of the EFTA for financial
institutions and other persons subject to
the Act. 15 U.S.C. 1693m(d)(1). The
commentary is updated periodically to
address significant questions that arise.
II. Background
Historically, consumers have tended
to use cash to make small-dollar
purchases, for example, to buy food or
beverages from a vending machine or to
pay for a subway fare.1 Data from the
payment card associations indicates,
however, that in certain market
segments, consumers are increasingly
using credit and debit cards in place of
cash, even for small-dollar
transactions.2 This shift in consumer
1 According to one industry estimate, consumers
spent more than $1 trillion on transactions less than
$5 in 2003, with an average payment of $3.72. See
TowerGroup, ‘‘Making Sense from Cents: Trends in
the Rebirth of Electronic Micropayments’’ (July
2004).
2 See ‘‘More and More Consumers Use Visa to
Make Small Purchases,’’ Visa Press Release (August
24, 2006) (reporting double digit growth in the use
of payment cards in the first six months of 2006
compared to the same period in 2005); ‘‘MasterCard
PayPass Increases Customer Loyalty and Moves
Payments Away From Cash,’’ Master Card Press
Release (July 18, 2006). See also TowerGroup,
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payment preferences in small-dollar
transactions is consistent with evidence
suggesting the declining use of cash as
a share of all payments.3 Consumers
have cited numerous reasons for using
debit cards over other payment
methods, such as cash or checks. These
reasons include convenience, shorter
checkout times, avoiding ATM fees or
check printing fees, and the ability to
track and record payments.4
Merchants, financial institutions and
payment card associations have
responded to the shift in consumer
preferences towards non-cash methods
of payment for small-dollar transactions
in various ways. Payment card
associations have changed their rules to
enable quicker processing of
transactions for both debit and credit
cards. For example, these associations
have waived the signature and personal
identification number (PIN)
authorization requirements for certain
types of purchases under $25. Moreover,
to encourage merchant acceptance of
payment cards, these associations have
also reduced their debit and credit card
interchange rates for certain small-dollar
transactions.5 In addition, some card
issuers have integrated new
technologies into their products which
allow consumers to swipe or wave radio
frequency-enabled cards or other
devices to authorize payment in
‘‘contactless’’ transactions. These
initiatives have reduced the amount of
time consumers spend at checkout,
which has in turn allowed merchants to
process more transactions in the same
amount of time.
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III. Summary of Proposed Revision
When a debit card is used to pay for
a purchase at a POS terminal,
Regulation E requires that a receipt
setting forth transaction information
about the EFT be made available to the
consumer at that time. The receipt
requirement applies whenever an EFT is
‘‘Anticipating Micropayment Growth’’ (October
2005) (indicating nearly $3 billion in growth (up to
$13.5 billion) for transactions less than $5 using
debit and credit cards between 2003 and 2004).
3 See Geoffrey Gerdes and Jack Walton II, ‘‘Trends
in the Use of Payment Instruments in the United
States,’’ Federal Reserve Bulletin 180, 181 (Spring
2005).
4 See Ron Borzekowski, Elizabeth Kiser, and
Shaista Ahmed, ‘‘Consumers’’ Use of Debit Cards:
Patterns, Preferences, and Price Response,’’ April
2006. Working paper, Federal Reserve Board. See
also Elizabeth Klee, ‘‘Paper or Plastic? The Effect of
Time on Check and Debit Card Use at Grocery
Stores,’’ February 2006. Working paper, Federal
Reserve Board (concluding that based on an
analysis of grocery store scanner data, consumer
preferences for debit cards over checks is
significantly driven by the differences in
transaction time).
5 See, e.g., ‘‘Visa Takes Big Steps Into Small
Payments,’’ Visa Press Release (April 11, 2006).
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made at an electronic terminal,
regardless of the amount of the
transaction.
Board staff has received several
industry inquiries asking the Board to
consider eliminating the receipt
requirement at POS terminals for smalldollar transactions. According to
industry representatives, the receipt
requirement is a significant impediment
to allowing consumers to use debit
cards to make small-dollar purchases
due to the cost of installing, servicing,
and maintaining printers at POS
terminals. In addition, in some
applications, such as for mass transit,
the additional time required to provide
a receipt to each consumer using a debit
card to pay for individual fares would
add delays that would make it
operationally unfeasible to allow
consumers to use debit cards for such
transactions.
In light of the implementation costs
and other considerations and the
uncertain consumer benefit from
receipts for small-dollar transactions,
the Board is proposing to create an
exception from the terminal receipt
requirement for EFTs of $15 or less. The
proposed rule would facilitate
electronic transactions in circumstances
where the receipt requirement is
sufficiently burdensome or impractical
so as to potentially deter merchants
from allowing consumers to use
electronic methods of payment.
Moreover, it is unclear whether
consumers typically request or retain
receipts for small-dollar transactions at
POS terminals. As further discussed in
more detail in the section-by-section
analysis, the Board also believes that the
risks to consumers of not receiving a
receipt for their transactions (and the
benefit of receiving a receipt) would be
minimal given the small value of the
transaction. In particular, the Board
notes that consumers would continue to
receive a listing of each transaction on
their periodic statements, regardless of
the transaction amount, and would have
the right to assert errors that may arise
from any such transaction, provided
such notice was provided within the
required time frames.
IV. Section-by-Section Analysis
Section 205.9 Receipts at Electronic
Terminals; Periodic Statements
Under § 205.9(a), when a consumer
initiates an EFT at an electronic
terminal, a receipt reflecting the
transaction details must be made
available to the consumer at the time of
the transaction. An electronic terminal
is defined as any electronic device
(other than a telephone operated by a
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consumer) through which a consumer
may initiate an EFT. Electronic
terminals include, but are not limited to,
POS terminals, ATM machines, and
cash dispensing machines. See
§ 205.2(h).6 Proposed § 205.9(a)(2)
would except EFTs of $15 or less from
the requirement that financial
institutions make a terminal receipt
available at the time of the transaction.
The National Commission on
Electronic Fund Transfers, whose
recommendations provided much of the
basis for the EFTA, deemed the
requirement to make available terminal
receipts at the time a consumer initiates
an EFT at an electronic terminal
necessary to provide consumers, ‘‘at a
minimum, records that provide the
same information and can be used in the
same way as cancelled checks.’’ 7 The
legislative history of the Act indicates
that Congress was similarly concerned
about the importance of terminal
receipts for EFTs as evidence of the
transaction. In particular, Senate
Banking Committee Reports noted that
‘‘receipts * * * would give the
consumer written verification of the
amount, date, and type of transfer and
the person paid.’’ S. Rep. No. 915, 95th
Cong., 2d Sess. 5 (1978).8 Receipts may
also serve to assist consumers in
tracking their purchases for account
management purposes.
According to industry representatives,
start-up, servicing, and maintenance
costs arising from the terminal receipt
requirements pose a significant obstacle
to the industry’s efforts to offer cashless
payment options for small-dollar
purchases in certain retail
environments. For example, in retail
environments which exclusively handle
small-dollar transactions, such as
vending machines or parking meters,
installing and maintaining additional
equipment capable of providing
terminal receipts may not be costeffective. In other circumstances, the
requirement to provide receipts may be
impractical, such as in the case of masstransit systems where the time required
to print a receipt for each consumer
purchasing single fares with a debit card
6 The terminal receipt requirement does not apply
to transactions initiated through a telephone
operated by a consumer, or to transactions initiated
by a consumer ‘‘by a means analogous in function
to a telephone.’’ Thus, the receipt requirement does
not apply to Internet transactions, where a
consumer uses a computer to visit a merchant’s web
site to purchase goods or services. See § 205.2(h);
comment 2(h)–1(ii).
7 National Commission on Electronic Fund
Transfers, EFT in the United States: Policy
Recommendations in the Public Interest 47–48
(1977).
8 See also S. Rep. No. 1273, 95th Cong., 2d Sess.
30 (1978); H.R. Rep. No. 1315, 95th Cong., 2d Sess.
6 (1978).
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would cause delays that would
significantly conflict with a transit
system’s need to handle a heavy volume
of transactions within short time
periods. Anecdotally, industry
representatives also report that in retail
environments in which the transaction
amount is typically low, such as
convenience stores and quick-service
restaurants, consumers often choose not
to request or retain receipts for those
transactions. Thus, in the absence of any
relief from the receipt requirement,
merchants may choose to forego the
acceptance of debit cards entirely,
thereby limiting consumer payment
choices.
To facilitate the ability of consumers
to use electronic payment methods in
circumstances where providing receipts
may not be practical or cost-effective,
the Board is proposing to exercise its
authority under Section 904(c) of the
EFTA to create a limited exception from
the terminal receipt requirement for
small-dollar transactions.9 In weighing
the appropriateness for the exception,
the Board has also considered that the
consumer benefit from receiving
receipts is likely to be minimal for these
transactions. While receipts may be
important for consumers for moderate to
high value transactions, the Board
believes that receipts are less significant
for transactions of relatively small
amounts because consumers are less
likely to retain them for proof of
payment or for account management
purposes given the limited risk of loss
to the consumer. Moreover, consumers
will continue to receive a record of each
transaction on monthly periodic
statements.10 In the event of a double
debit or incorrect EFT amount in
connection with a small-dollar
purchase, the consumer would retain
the right to assert an error arising from
that transaction with his or her financial
institution. In light of these
considerations, § 205.9(e) of the
proposed rule would provide financial
institutions an exception from the
requirement to provide a receipt at the
time the consumer initiates an EFT at an
electronic terminal where the value of
the transaction is $15 or less. The
9 Section 904(c) of the EFTA provides that the
rules issued by the Board ‘‘may contain such
classifications, differentiations, or other provisions,
and may provide for any adjustments and
exceptions for any class of electronic fund
transfers’’ that in the judgment of the Board are
‘‘necessary or proper to effectuate the purposes of
[the Act], to prevent circumvention or evasion
thereof, or to facilitate compliance therewith.’’
10 Consumers that wish to keep a
contemporaneous record of their transactions could
of course deduct the transaction amount promptly
in their check registers or use a similar account
reconciliation process.
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exception would apply to all types of
transfers initiated by a consumer at an
electronic terminal, including signaturebased and personal identification
number (PIN)-based debits from the
consumer’s account. To simplify the
rule and in light of the broad definition
of EFT under the regulation, the
proposed exception would also apply to
deposits at ATMs or other electronic
terminals of $15 or less. See
§ 205.3(b)(1); comment 3(b)(1)–1(i).
However, the Board anticipates that
financial institutions would, for
operational reasons, continue to make
receipts available for ATM transactions,
regardless of the amount of the transfer.
In proposing the $15 threshold under
which no terminal receipt would be
required, the Board has considered a
variety of factors, including the average
dollar transaction amount for the
various market segments for which this
relief would be most useful 11 and the
benefit to consumers from receiving a
receipt in these transactions. While it
appears that a threshold of $5 or less
would enable consumers to use debit
cards in the vast majority of the retail
environments where cashless payment
options are contemplated, the Board
believes a $5 threshold would not be
flexible enough to accommodate price
increases that may occur over time. In
addition, setting too low a threshold
may impede the future acceptance of
cashless methods of payments in
additional retail environments, such as
for parking meters and commuter rail
systems.12 The Board believes the $15
threshold would provide sufficient
flexibility for the industry to
accommodate consumer preferences for
electronic forms of payment instead of
cash in a variety of circumstances while
ensuring that consumer protections
provided by the regulation’s receipt
provisions would be retained for
moderate to higher-dollar transactions
in which consumers may have more
need for evidence of payment and for
11 Vending industry data indicates that the
average cost in 2005 for food and beverages sold in
vending machines was about 75 cents for candy, $1
for bottled beverages, and $2 for frozen and
refrigerated food products. Automatic Merchandiser
40–62 (August 2006). In addition, a survey of major
transit systems in Boston, Chicago, New York, and
Washington, DC, indicates maximum one-way fares
ranging between $2 and $5 for subway systems.
12 For example, commuter one-way peak fares on
the Long Island Railroad (LIRR) to or from New
York’s Pennsylvania Station range from just under
$6 to $20. See LIRR fare map (effective March 1,
2005), available at https://www.mta.nyc.ny.us
(visited October 15, 2006). Similarly, one payment
card association reported that in 2004, its average
ticket for fast-food purchases using debit and credit
cards was just under $12. See John Stewart,
‘‘Micropayments, Macro-Market?’’ Digital
Transactions (May 2005).
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error resolution purposes. Comment is
requested on whether any additional
consumer protections are necessary for
consumers who would not receive
receipts under the proposed rule.
Comment is also requested on the dollar
amount threshold set forth in the
proposed rule.
Section 205.11 Procedures for
Resolving Errors
11(a) Definition of Error
New comment 11(a)–6 would provide
that the fact that an institution does not
make a terminal receipt available for a
transaction of $15 or less is not a billing
error for purposes of §§ 205.11(a)(1)(vi)
or (vii).
V. Initial Regulatory Flexibility
Analysis
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) (RFA) generally
requires an agency to perform an
assessment of the impact a rule is
expected to have on small entities.
However, under section 605(b) of the
RFA, 5 U.S.C. 605(b), the regulatory
flexibility analysis otherwise required
under section 604 of the RFA is not
required if an agency certifies, along
with a statement providing the factual
basis for such certification, that the rule
will not have a significant economic
impact on a substantial number of small
entities. Based on its analysis and for
the reasons stated below, the Board
believes that this proposed rule will not
have a significant economic impact on
a substantial number of small entities. A
final regulatory flexibility analysis will
be conducted after consideration of
comments received during the public
comment period.
1. Statement of the need for, and
objectives of, the proposed rule. The
Board is revising Regulation E to
provide financial institutions relief from
the requirement to make available
terminal receipts at the time of a
transaction, for EFTs of $15 or less.
The EFTA was enacted to provide a
basic framework establishing the rights,
liabilities, and responsibilities of
participants in electronic fund transfer
systems. The primary objective of the
EFTA is the provision of individual
consumer rights. 15 U.S.C. 1693. The
EFTA authorizes the Board to prescribe
regulations to carry out the purpose and
provisions of the statute. 15 U.S.C.
1693b(a). The Act expressly states that
the Board’s regulations may contain
‘‘such classifications, differentiations, or
other provisions, * * * as, in the
judgment of the Board, are necessary or
proper to effectuate the purposes of [the
Act], to prevent circumvention or
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evasion [of the Act], or to facilitate
compliance [with the Act].’’ 15 U.S.C.
1693b(c). The Board believes that the
revisions to Regulation E discussed
above are within Congress’s broad grant
of authority to the Board to adopt
provisions that carry out the purposes of
the statute. These revisions facilitate the
use of electronic payment methods by
consumers in circumstances where the
value to the consumer of having a
record of the transaction (i.e., the
terminal receipt) is limited.
2. Small entities affected by the
proposed rule. The requirement to make
available receipts when a consumer
initiates an EFT at an electronic
terminal applies to all financial
institutions, regardless of their size.
Accordingly, the proposed exception
would reduce the burden and
compliance costs for small institutions
by providing relief from the requirement
from the duty to make terminal receipts
available to consumers at the time of the
transaction, where the transaction
amount is small.
3. Other federal rules. The Board has
not identified any federal rules that
duplicate, overlap, or conflict with the
proposed revisions to Regulation E.
4. Significant alternatives to the
proposed revisions. The Board solicits
comment about additional ways to
reduce regulatory burden associated
with this proposed rule.
VI. Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act (PRA) of 1995 (44 U.S.C.
3506; 5 CFR Part 1320 Appendix A.1),
the Board reviewed the rule under the
authority delegated to the Board by the
Office of Management and Budget
(OMB). The collection of information
that is required by this proposed rule is
found in 12 CFR part 205. The Federal
Reserve may not conduct or sponsor,
and an organization is not required to
respond to, this information collection
unless the information collection
displays a currently valid OMB control
number. The OMB control number is
7100–0200.
This information collection is
required to provide benefits for
consumers and is mandatory (15 U.S.C.
1693 et seq.). The respondents/
recordkeepers are for-profit financial
institutions, including small businesses.
Institutions are required to retain
records for 24 months.
The proposed rule provides relief to
financial institutions from the
requirement to make available terminal
receipts to consumers for all EFTs of
$15 or less. Thus, for purposes of the
PRA, respondents would face a one-time
burden of 8 hours (one business day) to
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reprogram and update their systems if
they wish to make use of the proposed
exception. The Federal Reserve
estimates that the total annual burden
for this requirement for the 100
estimated respondents likely to be
affected by this proposed rulemaking
would be 800 hours. This would
increase the total annual burden of this
information collection from 83,866
hours to 84,666 hours.
The other federal financial agencies
are responsible for estimating and
reporting to OMB the total paperwork
burden for the institutions for which
they have administrative enforcement
authority. They may, but are not
required to, use the Federal Reserve’s
burden estimates. Using the Federal
Reserve’s method, the total estimated
annual burden for all financial
institutions subject to Regulation E,
including Federal Reserve-supervised
institutions, would be approximately
1,397,572 hours. The above estimates
represent an average across all
respondents and reflect variations
between institutions based on their size,
complexity, and practices. All covered
institutions, including retailers, ATM
operators, and depository institutions
(of which there are approximately
19,300) potentially are affected by this
collection of information, and thus are
respondents for purposes of the PRA.
Comments are invited on: a. Whether
the proposed collection of information
is necessary for the proper performance
of the Federal Reserve’s functions;
including whether the information has
practical utility; b. the accuracy of the
Federal Reserve’s estimate of the burden
of the proposed information collection,
including the cost of compliance; c.
ways to enhance the quality, utility, and
clarity of the information to be
collected; and d. ways to minimize the
burden of information collection on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Comments on the collection of
information should be sent to Michelle
Long, Federal Reserve Board Clearance
Officer, Division of Research and
Statistics, Mail Stop 151–A, Board of
Governors of the Federal Reserve
System, Washington, DC 20551, with
copies of such comments sent to the
Office of Management and Budget,
Paperwork Reduction Project (7100–
0200), Washington, DC 20503.
Text of Proposed Revisions
Certain conventions have been used
to highlight the proposed changes to the
text of the regulation and staff
commentary. New language is shown
inside bold-faced arrows, while
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69503
language that would be deleted is set off
with bold-faced brackets. Comments are
numbered to comply with Federal
Register publication rules.
List of Subjects in 12 CFR Part 205
Consumer protection, Electronic fund
transfers, Federal Reserve System,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, the Board proposes to amend
12 CFR part 205 and the Official Staff
Commentary, as follows:
PART 205—ELECTRONIC FUND
TRANSFERS (REGULATION E)
1. The authority citation for part 205
would continue to read as follows:
Authority: 15 U.S.C. 1693b.
2. Section 205.9 would be amended
by revising paragraph (a) and adding a
new paragraph (e) as follows:
§ 205.9 Receipts at electronic terminals;
periodic statements.
(a) Receipts at electronic terminals.
[A] flGeneral. Except as provided in
paragraph (e) of this section, a fi
financial institution shall make a receipt
available to a consumer at the time the
consumer initiates an electronic fund
transfer at an electronic terminal. The
receipt shall set forth the following
information, as applicable:
(1) Amount. The amount of the
transfer. A transaction fee may be
included in this amount, provided the
amount of the fee is disclosed on the
receipt and displayed on or at the
terminal.
(2) Date. The date the consumer
initiates the transfer.
(3) Type. The type of transfer and the
type of the consumer’s account(s) to or
from which funds are transferred. The
type of account may be omitted if the
access device used is able to access only
one account at that terminal.
(4) Identification. A number or code
that identifies the consumer’s account
or accounts, or the access device used
to initiate the transfer. The number or
code need not exceed four digits or
letters to comply with the requirements
of this paragraph (a)(4).
(5) Terminal location. The location of
the terminal where the transfer is
initiated, or an identification such as a
code or terminal number. Except in
limited circumstances where all
terminals are located in the same city or
state, if the location is disclosed, it shall
include the city and state or foreign
country and one of the following:
(i) The street address; or
(ii) A generally accepted name for the
specific location; or
E:\FR\FM\01DEP1.SGM
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Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Proposed Rules
(iii) The name of the owner or
operator of the terminal if other than the
account-holding institution.
(6) Third party transfer. The name of
any third party to or from whom funds
are transferred.
*
*
*
*
*
fl(e) Exception for receipts in smallvalue transfers. A financial institution is
not subject to the requirement to
provide a receipt under paragraph (a) of
this section if the amount of the transfer
is $15 or less.fi
3. In Supplement I to part 205, under
§ 205.11—Procedures for Resolving
Errors, under 11(a) Definition of Error,
paragraph 6. would be added.
Supplement I to Part 205—Official Staff
Interpretations
*
*
*
*
*
Section 205.11—Procedures for
Resolving Errors
11(a) Definition of Error
*
*
*
*
*
fl6. Terminal receipts for transfers of
$15 or less. The fact that an institution
does not make a terminal receipt
available for a transfer of $15 or less in
accordance with § 205.9(e) is not an
error for purposes of §§ 205.11(a)(1)(vi)
or (vii).fi
*
*
*
*
*
By order of the Board of Governors of the
Federal Reserve System, November 27, 2006.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E6–20301 Filed 11–30–06; 8:45 am]
BILLING CODE 6210–01–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1312
[Docket No. DEA–282P]
RIN 1117–AB03
Authorized Sources of Narcotic Raw
Materials
Drug Enforcement
Administration (DEA), Justice.
ACTION: Notice of proposed rulemaking;
extension of comment period.
rmajette on PROD1PC67 with PROPOSALS1
AGENCY:
SUMMARY: DEA is extending the
comment period on the Notice of
Proposed Rulemaking entitled
‘‘Authorized Sources of Narcotic Raw
Materials’’ published October 4, 2006
(71 FR 58569).
DATES: The period for public comment
which was to close on December 4,
2006, will be extended to January 3,
VerDate Aug<31>2005
13:14 Nov 30, 2006
Jkt 211001
2007. Written comments must be
postmarked, and electronic comments
must be sent, on or before January 3,
2007.
ADDRESSES: To ensure proper handling
of comments, please reference ‘‘Docket
No. DEA–282P’’ on all written and
electronic correspondence. Written
comments being sent via regular mail
should be sent to the Deputy Assistant
Administrator, Office of Diversion
Control, Drug Enforcement
Administration, Washington, DC 20537,
Attention: DEA Federal Register
Representative/Liaison and Policy
Section (ODL). Written comments sent
via express mail should be sent to DEA
Headquarters, Attention: DEA Federal
Register Representative/ODL, 2401
Jefferson-Davis Highway, Alexandria,
VA 22301. Comments may be directly
sent to DEA electronically by sending an
electronic message to
dea.diversion.policy@usdoj.gov.
Comments may also be sent
electronically through https://
www.regulations.gov using the
electronic comment form provided on
that site. An electronic copy of this
document is also available at the
https://www.regulations.gov Web site.
DEA will accept attachments to
electronic comments in Microsoft word,
WordPerfect, Adobe PDF, or Excel file
formats only. DEA will not accept any
file formats other than those specifically
listed here.
FOR FURTHER INFORMATION CONTACT:
Christine A. Sannerud, PhD, Chief, Drug
and Chemical Evaluation Section, Office
of Diversion Control, Drug Enforcement
Administration, Washington, DC 20537,
telephone: (202) 307–7183.
SUPPLEMENTARY INFORMATION: DEA
published a notice of Proposed
Rulemaking (71 FR 58569, October 4,
2006) proposing to update the list of
nontraditional countries authorized to
export narcotic raw materials (NRM) to
the United States by replacing
Yugoslavia with Spain. This action will
maintain a consistent and reliable
supply of narcotic raw materials from a
limited number of countries consistent
with United States’ obligations under
international treaties and resolutions.
On November 3, 2006, DEA received
a request that the comment period be
extended to February 5, 2007. The
Australian Government indicated that
the additional time would be necessary
to consult with the Australian State of
Tasmania, the Tasmanian Poppy
Advisory and Control Board and the
Australian poppy industry to better
evaluate the short- and long-term
implications of this Notice of Proposed
Rulemaking.
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
Upon consideration of this request,
DEA is granting a thirty day extension
of the comment period. This allows
sufficient time for persons to evaluate
and consider all relevant information
and respond accordingly. Therefore, the
comment period is extended to January
3, 2007. Written comments must be
postmarked, and electronic comments
must be sent, on or before this date.
Dated: November 28, 2006.
Joseph T. Rannazzisi,
Deputy Assistant Administrator.
[FR Doc. E6–20383 Filed 11–30–06; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF LABOR
Employment Standards Administration
Wage and Hour Division
29 CFR Part 825
RIN 1215–AB35
Request for Information on the Family
and Medical Leave Act of 1993
Employment Standards
Administration, Wage and Hour
Division, Department of Labor.
ACTION: Request for information from
the public.
AGENCY:
SUMMARY: This notice requests
comments related to the Family and
Medical Leave Act of 1993 (the ‘‘FMLA’’
or the ‘‘Act’’). The Employment
Standards Administration, Wage and
Hour Division, of the Department of
Labor (the ‘‘Department’’) seeks
information for its consideration and
review of the Department’s
administration of the Act and
implementing regulations.
The Department held stakeholder
meetings regarding the FMLA with more
than 20 groups from December 2002–
February 2003. Many of the subject
matter areas in this request are derived
from comments at those stakeholder
meetings and also from (1) rulings of the
Supreme Court of the United States and
other federal courts over the past twelve
years; (2) the Department’s experience
in administering the law; and (3) public
input presented in numerous
Congressional hearings and public
comments filed with the Office of
Management and Budget (‘‘OMB’’) in
connection with three annual reports to
Congress regarding the Costs and
Benefits of Federal regulations in 2001,
2002, 2004. In addition, the Department
has reviewed numerous source
materials about issues associated with
the FMLA. During this process, the
E:\FR\FM\01DEP1.SGM
01DEP1
Agencies
[Federal Register Volume 71, Number 231 (Friday, December 1, 2006)]
[Proposed Rules]
[Pages 69500-69504]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20301]
=======================================================================
-----------------------------------------------------------------------
FEDERAL RESERVE SYSTEM
12 CFR Part 205
[Regulation E; Docket No. R-1270]
Electronic Fund Transfers
AGENCY: Board of Governors of the Federal Reserve System.
ACTION: Proposed rule; request for public comment.
-----------------------------------------------------------------------
SUMMARY: The Board is proposing to amend Regulation E, which implements
the Electronic Fund Transfer Act, and the official staff commentary to
the regulation, which interprets the requirements of Regulation E. The
proposed amendments would create an exception for certain small-dollar
transactions from the requirement that terminal receipts be made
available to consumers at the time of the transaction.
DATES: Comments must be received on or before January 30, 2007.
ADDRESSES: You may submit comments, identified by Docket No. R-1270, by
any of the following methods:
Agency Web Site: https://www.federalreserve.gov. Follow the
instructions for submitting comments at https://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: regs.comments@federalreserve.gov. Include the
docket number in the subject line of the message.
FAX: (202) 452-3819 or (202) 452-3102.
Mail: Jennifer J. Johnson, Secretary, Board of Governors
of the Federal Reserve System, 20th Street and Constitution Avenue,
NW., Washington, DC 20551.
All public comments are available from the Board's Web site at
https://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as
submitted, unless modified for technical reasons. Accordingly, your
comments will not be edited to remove any identifying or contact
information. Public comments may also be viewed electronically or in
paper form in Room MP-500 of the Board's Martin Building (20th and C
Streets, NW.) between 9 a.m. and 5 p.m. on weekdays.
FOR FURTHER INFORMATION CONTACT: Ky Tran-Trong or David A. Stein,
Counsels, or Vivian W. Wong, Attorney, Division of Consumer and
Community Affairs, Board of Governors of the Federal Reserve System,
Washington, DC 20551, at (202) 452-2412 or (202) 452-3667. For users of
Telecommunications Device for the Deaf (TDD) only, contact (202) 263-
4869.
SUPPLEMENTARY INFORMATION:
I. Statutory Background
The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) (EFTA or
Act), enacted in 1978, provides a basic framework establishing the
rights, liabilities, and responsibilities of participants in electronic
fund transfer (EFT) systems. The EFTA is implemented by the Board's
Regulation E (12 CFR part 205). Examples of the types of transfers
covered by the Act and regulation include transfers initiated through
an automated teller machine (ATM), point-of-sale (POS) terminal,
automated clearinghouse (ACH), telephone bill-payment plan, or remote
banking service. The Act and regulation provide for the disclosure of
terms and conditions of an EFT service; documentation of EFTs by means
of terminal receipts and periodic account activity statements;
limitations on consumer liability for unauthorized transfers;
procedures for error resolution; and certain rights related to
preauthorized EFTs. Further, the Act and regulation also restrict the
unsolicited issuance of ATM cards and other access devices.
The official staff commentary (12 CFR part 205 (Supp. I))
interprets the requirements of Regulation E to facilitate compliance
and provides protection from liability under Sections 915 and 916 of
the EFTA for financial institutions and other persons subject to the
Act. 15 U.S.C. 1693m(d)(1). The commentary is updated periodically to
address significant questions that arise.
II. Background
Historically, consumers have tended to use cash to make small-
dollar purchases, for example, to buy food or beverages from a vending
machine or to pay for a subway fare.\1\ Data from the payment card
associations indicates, however, that in certain market segments,
consumers are increasingly using credit and debit cards in place of
cash, even for small-dollar transactions.\2\ This shift in consumer
[[Page 69501]]
payment preferences in small-dollar transactions is consistent with
evidence suggesting the declining use of cash as a share of all
payments.\3\ Consumers have cited numerous reasons for using debit
cards over other payment methods, such as cash or checks. These reasons
include convenience, shorter checkout times, avoiding ATM fees or check
printing fees, and the ability to track and record payments.\4\
---------------------------------------------------------------------------
\1\ According to one industry estimate, consumers spent more
than $1 trillion on transactions less than $5 in 2003, with an
average payment of $3.72. See TowerGroup, ``Making Sense from Cents:
Trends in the Rebirth of Electronic Micropayments'' (July 2004).
\2\ See ``More and More Consumers Use Visa to Make Small
Purchases,'' Visa Press Release (August 24, 2006) (reporting double
digit growth in the use of payment cards in the first six months of
2006 compared to the same period in 2005); ``MasterCard PayPass
Increases Customer Loyalty and Moves Payments Away From Cash,''
Master Card Press Release (July 18, 2006). See also TowerGroup,
``Anticipating Micropayment Growth'' (October 2005) (indicating
nearly $3 billion in growth (up to $13.5 billion) for transactions
less than $5 using debit and credit cards between 2003 and 2004).
\3\ See Geoffrey Gerdes and Jack Walton II, ``Trends in the Use
of Payment Instruments in the United States,'' Federal Reserve
Bulletin 180, 181 (Spring 2005).
\4\ See Ron Borzekowski, Elizabeth Kiser, and Shaista Ahmed,
``Consumers'' Use of Debit Cards: Patterns, Preferences, and Price
Response,'' April 2006. Working paper, Federal Reserve Board. See
also Elizabeth Klee, ``Paper or Plastic? The Effect of Time on Check
and Debit Card Use at Grocery Stores,'' February 2006. Working
paper, Federal Reserve Board (concluding that based on an analysis
of grocery store scanner data, consumer preferences for debit cards
over checks is significantly driven by the differences in
transaction time).
---------------------------------------------------------------------------
Merchants, financial institutions and payment card associations
have responded to the shift in consumer preferences towards non-cash
methods of payment for small-dollar transactions in various ways.
Payment card associations have changed their rules to enable quicker
processing of transactions for both debit and credit cards. For
example, these associations have waived the signature and personal
identification number (PIN) authorization requirements for certain
types of purchases under $25. Moreover, to encourage merchant
acceptance of payment cards, these associations have also reduced their
debit and credit card interchange rates for certain small-dollar
transactions.\5\ In addition, some card issuers have integrated new
technologies into their products which allow consumers to swipe or wave
radio frequency-enabled cards or other devices to authorize payment in
``contactless'' transactions. These initiatives have reduced the amount
of time consumers spend at checkout, which has in turn allowed
merchants to process more transactions in the same amount of time.
---------------------------------------------------------------------------
\5\ See, e.g., ``Visa Takes Big Steps Into Small Payments,''
Visa Press Release (April 11, 2006).
---------------------------------------------------------------------------
III. Summary of Proposed Revision
When a debit card is used to pay for a purchase at a POS terminal,
Regulation E requires that a receipt setting forth transaction
information about the EFT be made available to the consumer at that
time. The receipt requirement applies whenever an EFT is made at an
electronic terminal, regardless of the amount of the transaction.
Board staff has received several industry inquiries asking the
Board to consider eliminating the receipt requirement at POS terminals
for small-dollar transactions. According to industry representatives,
the receipt requirement is a significant impediment to allowing
consumers to use debit cards to make small-dollar purchases due to the
cost of installing, servicing, and maintaining printers at POS
terminals. In addition, in some applications, such as for mass transit,
the additional time required to provide a receipt to each consumer
using a debit card to pay for individual fares would add delays that
would make it operationally unfeasible to allow consumers to use debit
cards for such transactions.
In light of the implementation costs and other considerations and
the uncertain consumer benefit from receipts for small-dollar
transactions, the Board is proposing to create an exception from the
terminal receipt requirement for EFTs of $15 or less. The proposed rule
would facilitate electronic transactions in circumstances where the
receipt requirement is sufficiently burdensome or impractical so as to
potentially deter merchants from allowing consumers to use electronic
methods of payment. Moreover, it is unclear whether consumers typically
request or retain receipts for small-dollar transactions at POS
terminals. As further discussed in more detail in the section-by-
section analysis, the Board also believes that the risks to consumers
of not receiving a receipt for their transactions (and the benefit of
receiving a receipt) would be minimal given the small value of the
transaction. In particular, the Board notes that consumers would
continue to receive a listing of each transaction on their periodic
statements, regardless of the transaction amount, and would have the
right to assert errors that may arise from any such transaction,
provided such notice was provided within the required time frames.
IV. Section-by-Section Analysis
Section 205.9 Receipts at Electronic Terminals; Periodic Statements
Under Sec. 205.9(a), when a consumer initiates an EFT at an
electronic terminal, a receipt reflecting the transaction details must
be made available to the consumer at the time of the transaction. An
electronic terminal is defined as any electronic device (other than a
telephone operated by a consumer) through which a consumer may initiate
an EFT. Electronic terminals include, but are not limited to, POS
terminals, ATM machines, and cash dispensing machines. See Sec.
205.2(h).\6\ Proposed Sec. 205.9(a)(2) would except EFTs of $15 or
less from the requirement that financial institutions make a terminal
receipt available at the time of the transaction.
---------------------------------------------------------------------------
\6\ The terminal receipt requirement does not apply to
transactions initiated through a telephone operated by a consumer,
or to transactions initiated by a consumer ``by a means analogous in
function to a telephone.'' Thus, the receipt requirement does not
apply to Internet transactions, where a consumer uses a computer to
visit a merchant's web site to purchase goods or services. See Sec.
205.2(h); comment 2(h)-1(ii).
---------------------------------------------------------------------------
The National Commission on Electronic Fund Transfers, whose
recommendations provided much of the basis for the EFTA, deemed the
requirement to make available terminal receipts at the time a consumer
initiates an EFT at an electronic terminal necessary to provide
consumers, ``at a minimum, records that provide the same information
and can be used in the same way as cancelled checks.'' \7\ The
legislative history of the Act indicates that Congress was similarly
concerned about the importance of terminal receipts for EFTs as
evidence of the transaction. In particular, Senate Banking Committee
Reports noted that ``receipts * * * would give the consumer written
verification of the amount, date, and type of transfer and the person
paid.'' S. Rep. No. 915, 95th Cong., 2d Sess. 5 (1978).\8\ Receipts may
also serve to assist consumers in tracking their purchases for account
management purposes.
---------------------------------------------------------------------------
\7\ National Commission on Electronic Fund Transfers, EFT in the
United States: Policy Recommendations in the Public Interest 47-48
(1977).
\8\ See also S. Rep. No. 1273, 95th Cong., 2d Sess. 30 (1978);
H.R. Rep. No. 1315, 95th Cong., 2d Sess. 6 (1978).
---------------------------------------------------------------------------
According to industry representatives, start-up, servicing, and
maintenance costs arising from the terminal receipt requirements pose a
significant obstacle to the industry's efforts to offer cashless
payment options for small-dollar purchases in certain retail
environments. For example, in retail environments which exclusively
handle small-dollar transactions, such as vending machines or parking
meters, installing and maintaining additional equipment capable of
providing terminal receipts may not be cost-effective. In other
circumstances, the requirement to provide receipts may be impractical,
such as in the case of mass-transit systems where the time required to
print a receipt for each consumer purchasing single fares with a debit
card
[[Page 69502]]
would cause delays that would significantly conflict with a transit
system's need to handle a heavy volume of transactions within short
time periods. Anecdotally, industry representatives also report that in
retail environments in which the transaction amount is typically low,
such as convenience stores and quick-service restaurants, consumers
often choose not to request or retain receipts for those transactions.
Thus, in the absence of any relief from the receipt requirement,
merchants may choose to forego the acceptance of debit cards entirely,
thereby limiting consumer payment choices.
To facilitate the ability of consumers to use electronic payment
methods in circumstances where providing receipts may not be practical
or cost-effective, the Board is proposing to exercise its authority
under Section 904(c) of the EFTA to create a limited exception from the
terminal receipt requirement for small-dollar transactions.\9\ In
weighing the appropriateness for the exception, the Board has also
considered that the consumer benefit from receiving receipts is likely
to be minimal for these transactions. While receipts may be important
for consumers for moderate to high value transactions, the Board
believes that receipts are less significant for transactions of
relatively small amounts because consumers are less likely to retain
them for proof of payment or for account management purposes given the
limited risk of loss to the consumer. Moreover, consumers will continue
to receive a record of each transaction on monthly periodic
statements.\10\ In the event of a double debit or incorrect EFT amount
in connection with a small-dollar purchase, the consumer would retain
the right to assert an error arising from that transaction with his or
her financial institution. In light of these considerations, Sec.
205.9(e) of the proposed rule would provide financial institutions an
exception from the requirement to provide a receipt at the time the
consumer initiates an EFT at an electronic terminal where the value of
the transaction is $15 or less. The exception would apply to all types
of transfers initiated by a consumer at an electronic terminal,
including signature-based and personal identification number (PIN)-
based debits from the consumer's account. To simplify the rule and in
light of the broad definition of EFT under the regulation, the proposed
exception would also apply to deposits at ATMs or other electronic
terminals of $15 or less. See Sec. 205.3(b)(1); comment 3(b)(1)-1(i).
However, the Board anticipates that financial institutions would, for
operational reasons, continue to make receipts available for ATM
transactions, regardless of the amount of the transfer.
---------------------------------------------------------------------------
\9\ Section 904(c) of the EFTA provides that the rules issued by
the Board ``may contain such classifications, differentiations, or
other provisions, and may provide for any adjustments and exceptions
for any class of electronic fund transfers'' that in the judgment of
the Board are ``necessary or proper to effectuate the purposes of
[the Act], to prevent circumvention or evasion thereof, or to
facilitate compliance therewith.''
\10\ Consumers that wish to keep a contemporaneous record of
their transactions could of course deduct the transaction amount
promptly in their check registers or use a similar account
reconciliation process.
---------------------------------------------------------------------------
In proposing the $15 threshold under which no terminal receipt
would be required, the Board has considered a variety of factors,
including the average dollar transaction amount for the various market
segments for which this relief would be most useful \11\ and the
benefit to consumers from receiving a receipt in these transactions.
While it appears that a threshold of $5 or less would enable consumers
to use debit cards in the vast majority of the retail environments
where cashless payment options are contemplated, the Board believes a
$5 threshold would not be flexible enough to accommodate price
increases that may occur over time. In addition, setting too low a
threshold may impede the future acceptance of cashless methods of
payments in additional retail environments, such as for parking meters
and commuter rail systems.\12\ The Board believes the $15 threshold
would provide sufficient flexibility for the industry to accommodate
consumer preferences for electronic forms of payment instead of cash in
a variety of circumstances while ensuring that consumer protections
provided by the regulation's receipt provisions would be retained for
moderate to higher-dollar transactions in which consumers may have more
need for evidence of payment and for error resolution purposes. Comment
is requested on whether any additional consumer protections are
necessary for consumers who would not receive receipts under the
proposed rule. Comment is also requested on the dollar amount threshold
set forth in the proposed rule.
---------------------------------------------------------------------------
\11\ Vending industry data indicates that the average cost in
2005 for food and beverages sold in vending machines was about 75
cents for candy, $1 for bottled beverages, and $2 for frozen and
refrigerated food products. Automatic Merchandiser 40-62 (August
2006). In addition, a survey of major transit systems in Boston,
Chicago, New York, and Washington, DC, indicates maximum one-way
fares ranging between $2 and $5 for subway systems.
\12\ For example, commuter one-way peak fares on the Long Island
Railroad (LIRR) to or from New York's Pennsylvania Station range
from just under $6 to $20. See LIRR fare map (effective March 1,
2005), available at https://www.mta.nyc.ny.us (visited October 15,
2006). Similarly, one payment card association reported that in
2004, its average ticket for fast-food purchases using debit and
credit cards was just under $12. See John Stewart, ``Micropayments,
Macro-Market?'' Digital Transactions (May 2005).
---------------------------------------------------------------------------
Section 205.11 Procedures for Resolving Errors
11(a) Definition of Error
New comment 11(a)-6 would provide that the fact that an institution
does not make a terminal receipt available for a transaction of $15 or
less is not a billing error for purposes of Sec. Sec. 205.11(a)(1)(vi)
or (vii).
V. Initial Regulatory Flexibility Analysis
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) (RFA)
generally requires an agency to perform an assessment of the impact a
rule is expected to have on small entities.
However, under section 605(b) of the RFA, 5 U.S.C. 605(b), the
regulatory flexibility analysis otherwise required under section 604 of
the RFA is not required if an agency certifies, along with a statement
providing the factual basis for such certification, that the rule will
not have a significant economic impact on a substantial number of small
entities. Based on its analysis and for the reasons stated below, the
Board believes that this proposed rule will not have a significant
economic impact on a substantial number of small entities. A final
regulatory flexibility analysis will be conducted after consideration
of comments received during the public comment period.
1. Statement of the need for, and objectives of, the proposed rule.
The Board is revising Regulation E to provide financial institutions
relief from the requirement to make available terminal receipts at the
time of a transaction, for EFTs of $15 or less.
The EFTA was enacted to provide a basic framework establishing the
rights, liabilities, and responsibilities of participants in electronic
fund transfer systems. The primary objective of the EFTA is the
provision of individual consumer rights. 15 U.S.C. 1693. The EFTA
authorizes the Board to prescribe regulations to carry out the purpose
and provisions of the statute. 15 U.S.C. 1693b(a). The Act expressly
states that the Board's regulations may contain ``such classifications,
differentiations, or other provisions, * * * as, in the judgment of the
Board, are necessary or proper to effectuate the purposes of [the Act],
to prevent circumvention or
[[Page 69503]]
evasion [of the Act], or to facilitate compliance [with the Act].'' 15
U.S.C. 1693b(c). The Board believes that the revisions to Regulation E
discussed above are within Congress's broad grant of authority to the
Board to adopt provisions that carry out the purposes of the statute.
These revisions facilitate the use of electronic payment methods by
consumers in circumstances where the value to the consumer of having a
record of the transaction (i.e., the terminal receipt) is limited.
2. Small entities affected by the proposed rule. The requirement to
make available receipts when a consumer initiates an EFT at an
electronic terminal applies to all financial institutions, regardless
of their size. Accordingly, the proposed exception would reduce the
burden and compliance costs for small institutions by providing relief
from the requirement from the duty to make terminal receipts available
to consumers at the time of the transaction, where the transaction
amount is small.
3. Other federal rules. The Board has not identified any federal
rules that duplicate, overlap, or conflict with the proposed revisions
to Regulation E.
4. Significant alternatives to the proposed revisions. The Board
solicits comment about additional ways to reduce regulatory burden
associated with this proposed rule.
VI. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act (PRA) of 1995 (44
U.S.C. 3506; 5 CFR Part 1320 Appendix A.1), the Board reviewed the rule
under the authority delegated to the Board by the Office of Management
and Budget (OMB). The collection of information that is required by
this proposed rule is found in 12 CFR part 205. The Federal Reserve may
not conduct or sponsor, and an organization is not required to respond
to, this information collection unless the information collection
displays a currently valid OMB control number. The OMB control number
is 7100-0200.
This information collection is required to provide benefits for
consumers and is mandatory (15 U.S.C. 1693 et seq.). The respondents/
recordkeepers are for-profit financial institutions, including small
businesses. Institutions are required to retain records for 24 months.
The proposed rule provides relief to financial institutions from
the requirement to make available terminal receipts to consumers for
all EFTs of $15 or less. Thus, for purposes of the PRA, respondents
would face a one-time burden of 8 hours (one business day) to reprogram
and update their systems if they wish to make use of the proposed
exception. The Federal Reserve estimates that the total annual burden
for this requirement for the 100 estimated respondents likely to be
affected by this proposed rulemaking would be 800 hours. This would
increase the total annual burden of this information collection from
83,866 hours to 84,666 hours.
The other federal financial agencies are responsible for estimating
and reporting to OMB the total paperwork burden for the institutions
for which they have administrative enforcement authority. They may, but
are not required to, use the Federal Reserve's burden estimates. Using
the Federal Reserve's method, the total estimated annual burden for all
financial institutions subject to Regulation E, including Federal
Reserve-supervised institutions, would be approximately 1,397,572
hours. The above estimates represent an average across all respondents
and reflect variations between institutions based on their size,
complexity, and practices. All covered institutions, including
retailers, ATM operators, and depository institutions (of which there
are approximately 19,300) potentially are affected by this collection
of information, and thus are respondents for purposes of the PRA.
Comments are invited on: a. Whether the proposed collection of
information is necessary for the proper performance of the Federal
Reserve's functions; including whether the information has practical
utility; b. the accuracy of the Federal Reserve's estimate of the
burden of the proposed information collection, including the cost of
compliance; c. ways to enhance the quality, utility, and clarity of the
information to be collected; and d. ways to minimize the burden of
information collection on respondents, including through the use of
automated collection techniques or other forms of information
technology. Comments on the collection of information should be sent to
Michelle Long, Federal Reserve Board Clearance Officer, Division of
Research and Statistics, Mail Stop 151-A, Board of Governors of the
Federal Reserve System, Washington, DC 20551, with copies of such
comments sent to the Office of Management and Budget, Paperwork
Reduction Project (7100-0200), Washington, DC 20503.
Text of Proposed Revisions
Certain conventions have been used to highlight the proposed
changes to the text of the regulation and staff commentary. New
language is shown inside bold-faced arrows, while language that would
be deleted is set off with bold-faced brackets. Comments are numbered
to comply with Federal Register publication rules.
List of Subjects in 12 CFR Part 205
Consumer protection, Electronic fund transfers, Federal Reserve
System, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, the Board proposes to
amend 12 CFR part 205 and the Official Staff Commentary, as follows:
PART 205--ELECTRONIC FUND TRANSFERS (REGULATION E)
1. The authority citation for part 205 would continue to read as
follows:
Authority: 15 U.S.C. 1693b.
2. Section 205.9 would be amended by revising paragraph (a) and
adding a new paragraph (e) as follows:
Sec. 205.9 Receipts at electronic terminals; periodic statements.
(a) Receipts at electronic terminals. [A] [rtrif]General. Except as
provided in paragraph (e) of this section, a [ltrif] financial
institution shall make a receipt available to a consumer at the time
the consumer initiates an electronic fund transfer at an electronic
terminal. The receipt shall set forth the following information, as
applicable:
(1) Amount. The amount of the transfer. A transaction fee may be
included in this amount, provided the amount of the fee is disclosed on
the receipt and displayed on or at the terminal.
(2) Date. The date the consumer initiates the transfer.
(3) Type. The type of transfer and the type of the consumer's
account(s) to or from which funds are transferred. The type of account
may be omitted if the access device used is able to access only one
account at that terminal.
(4) Identification. A number or code that identifies the consumer's
account or accounts, or the access device used to initiate the
transfer. The number or code need not exceed four digits or letters to
comply with the requirements of this paragraph (a)(4).
(5) Terminal location. The location of the terminal where the
transfer is initiated, or an identification such as a code or terminal
number. Except in limited circumstances where all terminals are located
in the same city or state, if the location is disclosed, it shall
include the city and state or foreign country and one of the following:
(i) The street address; or
(ii) A generally accepted name for the specific location; or
[[Page 69504]]
(iii) The name of the owner or operator of the terminal if other
than the account-holding institution.
(6) Third party transfer. The name of any third party to or from
whom funds are transferred.
* * * * *
[rtrif](e) Exception for receipts in small-value transfers. A
financial institution is not subject to the requirement to provide a
receipt under paragraph (a) of this section if the amount of the
transfer is $15 or less.[ltrif]
3. In Supplement I to part 205, under Sec. 205.11--Procedures for
Resolving Errors, under 11(a) Definition of Error, paragraph 6. would
be added.
Supplement I to Part 205--Official Staff Interpretations
* * * * *
Section 205.11--Procedures for Resolving Errors
11(a) Definition of Error
* * * * *
[rtrif]6. Terminal receipts for transfers of $15 or less. The fact
that an institution does not make a terminal receipt available for a
transfer of $15 or less in accordance with Sec. 205.9(e) is not an
error for purposes of Sec. Sec. 205.11(a)(1)(vi) or (vii).[ltrif]
* * * * *
By order of the Board of Governors of the Federal Reserve
System, November 27, 2006.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E6-20301 Filed 11-30-06; 8:45 am]
BILLING CODE 6210-01-P