Policy on Payment System Risk; Daylight Overdraft Posting Rules, 79127-79130 [E8-30628]
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Federal Register / Vol. 73, No. 248 / Wednesday, December 24, 2008 / Notices
foreign bank, that access Fedwire
through accounts in more than one
Federal Reserve District are expected to
manage their accounts so that the total
daylight overdraft position across all
accounts does not exceed their net debit
caps. One Reserve Bank will act as the
administrative Reserve Bank and will
have overall risk-management
responsibilities for institutions
maintaining accounts in more than one
Federal Reserve District. For domestic
institutions that have branches in
multiple Federal Reserve Districts, the
administrative Reserve Bank generally
will be the Reserve Bank where the head
office of the bank is located.
In the case of families of U.S.
branches and agencies of the same FBO,
the administrative Reserve Bank
generally is the Reserve Bank that
exercises the Federal Reserve’s oversight
responsibilities under the International
Banking Act.81 The administrative
Reserve Bank, in consultation with the
management of the foreign bank’s U.S.
operations and with Reserve Banks in
whose territory other U.S. agencies or
branches of the same foreign bank are
located, may determine that these
agencies and branches will not be
permitted to incur overdrafts in Federal
Reserve accounts. Alternatively, the
administrative Reserve Bank, after
similar consultation, may allocate all or
part of the foreign family’s net debit cap
to the Federal Reserve accounts of
agencies or branches that are located
outside of the administrative Reserve
Bank’s District; in this case, the Reserve
Bank in whose Districts those agencies
or branches are located will be
responsible for administering all or part
of this policy.82
H. Transfer-Size Limit on Book-Entry
Securities [No Change]
By order of the Board of Governors of the
Federal Reserve System, dated: December 18,
2008.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E8–30627 Filed 12–23–08; 8:45 am]
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U.S.C. 3101–3108.
82 As in the case of Edge and agreement
corporations and their branches, with the approval
of the designated administrative Reserve Bank, a
second Reserve Bank may assume the responsibility
of managing and monitoring the net debit cap of
particular foreign branch and agency families. This
would often be the case when the payments activity
and national administrative office of the foreign
branch and agency family is located in one District,
while the oversight responsibility under the
International Banking Act is in another District. If
a second Reserve Bank assumes management
responsibility, monitoring data will be forwarded to
the designated administrator for use in the
supervisory process.
18:45 Dec 23, 2008
[Docket No. OP–1346]
Policy on Payment System Risk;
Daylight Overdraft Posting Rules
AGENCY: Board of Governors of the
Federal Reserve System.
ACTION: Notice.
SUMMARY: The Board has decided not to
pursue at this time its proposal to
change the posting time to 8:30 a.m. for
commercial and government automated
clearinghouse (ACH) debit transfers that
are processed by the Federal Reserve
Banks’ (Reserve Banks) FedACH service.
(All times are eastern time.) The
proposal would have aligned the
posting time for ACH debit transfers
with the posting time for ACH credit
transfers, which are currently posted at
8:30 a.m. on the settlement date.
Commercial and government ACH debit
transfers processed by the Reserve
Banks’ FedACH service will continue to
be posted at 11 a.m., while commercial
and government ACH credit transfers
will continue to be posted at 8:30 a.m.
The credit and debit accounting entries
associated with ACH credit transfers
and ACH debit transfers are posted
simultaneously at the appointed posting
time. In line with this decision, the
Board will not move the posting time for
Treasury Tax and Loan (TT&L)
investments associated with Electronic
Federal Tax Payment System (EFTPS)
ACH debit transfers. These transactions
will continue to be posted at 11 a.m.
The Board will reconsider the proposal
in the future.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Marquardt, Deputy Director
(202–452–2360) or Susan Foley,
Assistant Director (202–452–3596),
Division of Reserve Bank Operations
and Payment Systems, Board of
Governors of the Federal Reserve
System; for users of
Telecommunications Device for the Deaf
(‘‘TDD’’) only, contact (202) 263–4869.
SUPPLEMENTARY INFORMATION:
I. Background
81 12
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FEDERAL RESERVE SYSTEM
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On March 7, 2008, the Board
requested comment on changing the
posting time for commercial and
government ACH debit transfers that are
processed by the Reserve Banks’
FedACH service to 8:30 a.m. (from 11
a.m.) on the settlement date to coincide
with the posting time for commercial
and government ACH credit transfers.1
The Board outlined four potential
benefits from shifting earlier the posting
1 See
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79127
time for ACH debit transfers. First, for
institutions that originate large values of
ACH debit transfers, the liquidity
needed to fund the settlement of ACH
credit originations at 8:30 a.m. could be
largely or entirely offset by the receipt
of funds from the settlement of ACH
debit transfers also at 8:30 a.m.2 Second,
the change could increase liquidity for
institutions that originate ACH debit
transfers over the Electronic Payments
Network (EPN), the other ACH operator,
but have transfers delivered to receiving
depository institutions over the FedACH
network (inter-operator transactions).3
All ACH debit transfers would settle at
8:30 a.m. (with all ACH credit transfers)
regardless of the operator through which
the transfer is originated. Third, moving
the posting time for ACH debit transfers
to 8:30 a.m. would align the Reserve
Banks’ FedACH settlement times with
those of EPN. The Reserve Banks’ Retail
Payments Office, which has primary
responsibility for FedACH, believed that
this change would remove competitive
disparities between the two ACH
operators and their participants that
arise from different settlement times for
ACH debit transfers. Fourth, the change
would conform more closely to the
Board’s guidelines for measuring
daylight overdrafts, specifically the
principle that encourages posting times
to be as close as possible to the delivery
of payments to the receiving institution.
Because FedACH payments are
processed in the early morning hours,
usually between 2 a.m. and 4 a.m., and
payment advices are sent to depository
institutions generally by 6 a.m., posting
ACH debit transfers at 8:30 a.m. would
shift the settlement time closer to the
payment delivery time.
In its proposal, the Board also
recognized that the simultaneous
posting of ACH debit and credit
transfers would reduce, on average, the
available balances between 8:30 a.m.
and 10:59 a.m. for the majority of
FedACH participants (approximately 95
percent). The majority of FedACH
participants currently gain balances
from the posting of ACH credit transfers
at 8:30 a.m. If ACH debit transfers are
also posted at 8:30 a.m., the gain in
balances for these institutions will
either diminish or be eliminated. Many
institutions would need to fund their
Federal Reserve accounts through
daylight overdrafts or other funding
sources. The vast majority of
2 Liquidity refers to balances and intraday credit
available in Federal Reserve accounts to make
payments.
3 Inter-operator transactions are posted to the
Federal Reserve accounts of the originating and
receiving institutions according to the Board’s
posting rules for the underlying ACH transfers.
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institutions that would need to fund
their accounts are eligible to incur
daylight overdrafts, but the Board
estimated that there are at least thirtyfive institutions affected that do not
have access to intraday credit.
In addition to proposing the change to
the posting rules for ACH debit
transfers, the Board also intended, in
consultation with the U.S. Treasury, to
move the posting of TT&L investments
associated with EFTPS ACH debit
transfers to 8:30 a.m. The U.S. Treasury
uses TT&L accounts to collect taxes and
invest excess Treasury balances with
depository institutions, including
EFTPS tax payments collected through
either ACH credit or debit transfers. The
TT&L investments are currently posted
at the same time as their respective ACH
credit and debit transfers, at 8:30 a.m.
and 11 a.m. The simultaneous posting
for the collection of these tax payments
and investment of excess tax funds
collected is intended to minimize the
effect of the daily tax collection on
aggregate reserve balances of the
banking system. The Board intended to
shift the posting of TT&L investments
associated with EFTPS ACH debit
transfers to the same time as ACH debit
transfers to continue to minimize the
effect of fluctuations in government
receipts on the intraday reserve balances
of the banking industry.
II. Summary of Comments and Analysis
The Board received twenty-seven
comment letters on its proposed policy
to change the daylight overdraft posting
rules. The commenters included eight
commercial banking organizations, nine
bankers’ banks (including corporate
credit unions), one governmentsponsored entity (GSE), one Reserve
Bank, one private-sector clearing and
settlement system, and seven industry
organizations. Nine commenters,
including commercial banking
organizations, the Reserve Banks’ Retail
Payments Office, and industry
organizations, were generally supportive
of the proposed changes to help reduce
the intraday liquidity needs of certain
depository institutions for ACH
transfers. While supportive of the
proposal, several of these commenters
raised concerns about other
institutions—particularly smaller
institutions, institutions in western time
zones, and those that do not have access
to intraday credit—that would incur
costs associated with the proposed
change.
Seventeen commenters, including
commercial banking organizations,
bankers’ banks, industry organizations,
and a GSE, opposed the proposed
change to posting rules. These
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18:45 Dec 23, 2008
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commenters stated that the proposed
change would increase daylight
overdrafts and create significant funding
and other costs for their institutions or
members. Some of these commenters
either do not have or represent those
that do not have regular discount
window access and thus do not have
access to intraday credit under the
Board’s Policy on Payment System Risk
(PSR).4 These institutions would need
to hold higher balances overnight at the
Reserve Banks or find alternative
sources to supply funding before 8:30
a.m. to avoid incurring daylight
overdrafts and thereby avoid violating
the PSR policy and incurring daylight
overdraft penalty fees.
One commenter, a private-sector
clearing and settlement system,
indicated that it had no objection to the
proposed change but noted that some
depository institutions might incur
greater daylight overdrafts. This
commenter, as well as several others,
recommended implementing the
posting-rule change simultaneously
with the proposed changes to the PSR
policy.5 The proposed PSR policy
changes would allow institutions to
pledge voluntarily collateral and obtain
a zero daylight overdraft fee on the
resulting collateralized daylight
overdrafts. Institutions that might incur
daylight overdrafts from earlier posting
of ACH debit transfers would have the
opportunity to collateralize all or a
portion of their daylight overdrafts to
reduce or eliminate daylight overdraft
fees associated with the posting-rule
change.
In responding to the proposal, the
majority of commenters also addressed
the questions raised by the Board on
competitive disparities, availability of
funds to customers of depository
institutions, liquidity concerns, cost
estimates, and implementation time
frames.
The Board asked whether the
differences in settlement times caused
competitive disparities between the
ACH operators or institutions that use
one or the other operator. Eight
commenters stated that they believed
that there are no competitive disparities
between ACH operators or their
participating depository institutions or
that the disparity resulting from the
differences in settlement times is
negligible. Three of these commenters
4 See the PSR policy at https://
www.federalreserve.gov/paymentsystems/psr/
default.htm.
5 The Board issued a separate proposal to address
broad changes to the PSR policy. See 73 FR 12417,
March 7, 2008. The final rule for these broad policy
changes is published elsewhere in today’s Federal
Register.
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mentioned that they consider a number
of factors, including price and service
levels, in choosing an operator and
believed others use similar criteria in
making a decision about what operator
to use. Five commenters, however,
believed that FedACH and large
originating depository institutions using
FedACH would be in a better position
if they received credits earlier for the
ACH debit transfers they originate.
These commenters generally believed
that FedACH and its customers are
competitively disadvantaged relative to
EPN and its customers because of
differences in settlement timing.
The Board also requested feedback on
whether customers of depository
institutions would benefit from earlier
availability of funds. Two respondents
noted that the posting-rule change could
have the opposite effect for the
availability of funds for customers of
bankers’ banks. Such customers would
need to hold a higher value of funds
overnight and in the morning in order
to cover the earlier debit for ACH debit
transfers, which would reduce the
availability of funds for those
customers. Three commenters
responded that the proposed change
would not have an effect on the
availability of funds to their customers
and believed that there would be no
change for most depository institutions.
Some of these commenters and one
additional commenter, however,
acknowledged that the change could
improve the availability of funds to
customers at certain depository
institutions. To the extent funds would
be made available earlier, one
commenter stated that businesses would
be able to manage their cash positions
earlier in the day and use those funds
for other purposes.
The Board asked whether the
proposed broad PSR policy changes,
which include a zero fee for
collateralized daylight overdrafts, might
mitigate the liquidity concerns of
originating institutions of ACH debits
without changing the posting rules. The
simultaneous posting of ACH credit and
debit transfers could reduce the use of
intraday liquidity for certain originating
depository institutions because they
would only need to fund the net amount
at 8:30 a.m. Three commenters noted
that the broad PSR policy changes alone
would be sufficient to alleviate liquidity
issues for most originating institutions.
While in agreement with these three
commenters, another respondent stated
that liquidity concerns of large
originating institutions could be best
mitigated if both the proposed broad
PSR policy changes and the proposed
posting-rule change were adopted
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simultaneously. This commenter and
the other eight supporters of the
proposed change noted that
simultaneous posting of ACH debits
with ACH credits would reduce the
liquidity certain originating depository
institutions would need.
In addition, the Board sought
feedback on whether the proposed
broad PSR changes would mitigate
liquidity pressures for receiving
institutions if the posting-rule change
were adopted. Six commenters stated
that the simultaneous adoption of the
broad PSR policy and posting-rule
changes could mitigate liquidity issues
created by the posting-rule change for
receiving institutions. Most of these
commenters, however, expressed
concern about whether institutions,
especially large receiving depository
institutions, would have sufficient
collateral to pledge to offset increases in
daylight overdrafts. In addition to these
commenters, four other commenters
stated that either they or others do not
have access to intraday credit and thus
the proposed PSR policy changes would
not mitigate the effect of the postingrule change for those institutions. Two
commenters requested that the Federal
Reserve allow bankers’ banks that do
not have access to intraday credit to
pledge collateral and receive
collateralized intraday credit at a zero
fee. Under the current eligibility criteria,
collateralized credit at a zero fee would
be restricted to accountholders that have
access to intraday credit.
In response to questions on costs, four
commenters stated that the cost of
increased daylight overdrafts might not
be significant if the broad PSR policy
changes were simultaneously
implemented, although two of these
commenters indicated that some
institutions, particularly large receivers
of ACH debit transfers, might not have
sufficient collateral or might not have
access to daylight overdrafts and would
incur increased costs. A range of
commenters identified interest-related
and other costs associated with the
proposed posting-rule change. Fifteen
commenters believed that institutions
without access to intraday credit as well
as their customers would be especially
likely to suffer lost interest income.
Several of these commenters discussed
the opportunity cost of needing to fund
their accounts the previous night,
including over weekends and holidays,
rather than investing in the market.
Others discussed pursuing arrangements
for the early return of fed funds loans.
Commenters expressed doubt that
counterparties would be willing to
return fed funds loans before 8:30 a.m.
and stated that reduced rates would be
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18:45 Dec 23, 2008
Jkt 217001
associated with such arrangements, if
counterparties were willing.6 One
commenter also raised the option of
holding greater contractual clearing
balances to increase its earnings credits
for Reserve Banks’ services but stated
the earnings credits would exceed its
needs for Reserve Bank-provided priced
services and would be at a rate lower
than alternative investments.
Eight respondents also highlighted the
daily variability that makes it difficult
for receivers of ACH debit transfers to
predict with certainty their net debit
positions before the day of settlement.
This variability might require
institutions to hold higher overnight
balances than actually needed to ensure
sufficient funds to cover ACH debit
transfers. For some, an alternative to
holding overnight balances or obtaining
the early return of fed funds loans
would be to hold reserves voluntarily
(and thus gain access to the discount
window and eligibility for intraday
credit), but commenters indicated that
holding reserves would also entail
significant costs.7 In addition, three
commenters noted that depository
institutions located outside the eastern
time zone, particularly smaller
institutions, might incur additional
staffing costs in order to manage their
accounts before normal business hours.
For implementation, the Board stated
that, if adopted, it would specify an
effective date at least six months from
the announcement of a final rule. In
response, six commenters stated that six
months or less would be a sufficient
lead time for implementation, while two
commenters noted that implementation
in six months would be a hardship.
Eight commenters requested that the
Board align the implementation time of
the posting-rule changes with the
implementation of the broad PSR policy
changes, although in citing a preference
for simultaneous implementation, two
of these commenters requested bankers’
banks without access to intraday credit
6 Today, a typical agreement for the early return
of fed funds loans includes a reduced rate and
delivery by 9 a.m.
7 Bankers’ banks, including corporate credit
unions, are depository institutions that are not
required to maintain reserves under the Board’s
Regulation D (12 CFR 204) because they are
organized solely to do business with other financial
institutions, are owned primarily by the financial
institutions with which they do business, and do
not do business with the general public. Such
bankers’ banks also generally are not eligible for
Reserve Bank discount window credit under the
Board’s Regulation A (12 CFR 201.2(c)(2)) and thus
are not eligible for intraday credit under the Board’s
PSR policy. Bankers’ banks may waive their
exemption from reserve requirements under
Regulation D to gain regular access to the discount
window and eligibility for intraday credit.
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79129
be able to pledge collateral for a zero
fee.
Three commenters requested that the
Board implement the posting-rule
change after the Reserve Banks begin
paying interest on Federal Reserve
account balances. Paying interest on
Federal Reserve account balances would
reduce the opportunity cost of holding
balances overnight at the Federal
Reserve to cover the earlier posting of
ACH debit transfers. In some cases, the
interest paid by the Federal Reserve may
be greater than rates available in the
market, which would remove the
opportunity cost of holding higher
balances.8 To the extent that the interest
paid by the Federal Reserve is less than
the interest that could be obtained in the
market, however, institutions would
still incur opportunity costs of holding
balances at the Reserve Banks, but the
incremental cost would be greatly
reduced through the payment of interest
on these balances. Paying interest on
Federal Reserve account balances would
also reduce the costs for bankers’ banks
to hold reserves voluntarily (by waiving
their exemption from reserve
requirements) to gain access to the
discount window and eligibility for
intraday credit. In holding reserves
voluntarily, bankers’ banks would have
the possibility of using daylight
overdrafts to cover the earlier posting of
ACH debit transfers. While the original
effective date for paying interest on
Federal Reserve account balances was
October 2011, the Board was granted
authority for an earlier implementation
in October 2008. The Board issued an
interim final rule to outline its initial
implementation for paying interest on
Federal Reserve account balances,
which began on October 9, while also
requesting comment on certain aspects
of the implementation.9
The Board has considered the
comments on the proposed posting-rule
change and has decided not to pursue
the change at this time. Almost all
commenters stated that the posting-rule
change would place additional costs
and liquidity pressures on many
institutions, especially those
institutions that do not have access to
intraday credit at the Reserve Banks,
smaller institutions, and West Coast
institutions. Most commenters indicated
that they do not believe significant
competitive disparities between the
ACH operators or depository
8 The rate paid by the Federal Reserve currently
exceeds the effective rate for fed funds loans.
Institutions have a significant incentive to hold
balances, in particular excess balances (balances
held in excess of required reserve balances and
clearing balances), at the Reserve Banks.
9 See 73 FR 59482, October 9, 2008.
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Federal Register / Vol. 73, No. 248 / Wednesday, December 24, 2008 / Notices
institutions result from differences in
settlement times. It also does not appear
that customers of depository institutions
would significantly benefit from ACH
debit transfers being settled earlier in
the day. In addition, the majority of
commenters opposed the proposed
change and several of those that
supported the change raised significant
concerns about its effect on other
institutions.
The Board, however, believes that
over time the payment of interest on
Federal Reserve account balances and
the broad PSR policy changes, which
were announced separately today in the
Federal Register, will significantly
mitigate the concerns raised by
commenters. Interest on Federal Reserve
account balances will reduce the cost of
holding balances overnight to fund
earlier posting of ACH debits and may
encourage institutions to hold reserves
voluntarily, which would make them
eligible for intraday credit. The broad
PSR policy changes will also mitigate
the cost of incurring greater daylight
overdrafts through the voluntary
pledging of collateral for a zero fee.
While not pursuing the original
proposal at this time, the Board believes
that the simultaneous posting of ACH
credit and debit transfers at 8:30 a.m.
would enhance the efficiency of the
payment system in the long run.
Institutions that originate large values of
ACH debit transfers would benefit from
the need for less liquidity to settle their
ACH transfers. Such a change also
would align the settlement times for all
ACH transfers so that it would not
matter through which operator an
institution originated its ACH transfers.
In addition, the change would conform
more closely to the Board’s guidelines
for measuring daylight overdrafts. The
Board will monitor changes in the
environment as the industry adjusts to
the initial implementation of paying
interest on Federal Reserve account
balances and other market events and
will reconsider the proposed postingrule change in the future.
mstockstill on PROD1PC66 with NOTICES
By order of the Board of Governors of the
Federal Reserve System, December 18, 2008.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E8–30628 Filed 12–23–08; 8:45 am]
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[OMB Control No. 3090–0007]
General Services Administration
Acquisition Regulation; Information
Collection; GSA Form 527,
Contractor’s Qualifications and
Financial Information
they meet the financial responsibility
standards in accordance with the
Federal Acquisition Regulation (FAR)
and the General Services
Administration Acquisition Manual
(GSAM).
B. Annual Reporting Burden
GENERAL SERVICES
ADMINISTRATION
AGENCY: Office of the Chief Finance
Officer, GSA.
ACTION: Notice of request for comments
regarding a renewal to an existing OMB
clearance.
SUMMARY: Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the General Services
Administration will be submitting to the
Office of Management and Budget
(OMB) a request to review and approve
a renewal of a currently approved
information collection requirement
regarding GSA Form 527, Contractor’s
Qualifications and Financial
Information.
Public comments are particularly
invited on: Whether this collection of
information is necessary and whether it
will have practical utility; whether our
estimate of the public burden of this
collection of information is accurate,
and based on valid assumptions and
methodology; ways to enhance the
quality, utility, and clarity of the
information to be collected.
DATES: Submit comments on or before:
February 23, 2009.
FOR FURTHER INFORMATION CONTACT:
Norma Tolson, Accountant, Office of the
Chief Financial Officer, Office of
Finance, at (202) 208–0584 or via e-mail
at norma.tolson@gsa.gov.
ADDRESSES: Submit comments regarding
this burden estimate or any other aspect
of this collection of information,
including suggestions for reducing this
burden to the Regulatory Secretariat
(VPR), General Services Administration,
Room 4041, 1800 F Street, NW.,
Washington, DC 20405. Please cite OMB
Control No. 3090–0007, GSA Form 527,
Contractor’s Qualifications and
Financial Information, in all
correspondence.
SUPPLEMENTARY INFORMATION:
A. Purpose
The General Services Administration
will be requesting the Office of
Management and Budget to extend
information collection 3090–0007,
concerning GSA Form 527, Contractor’s
Qualifications and Financial
Information. This form is used to
determine the financial capability of
prospective contractors as to whether
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Respondents: 2,940.
Responses Per Respondent: 1.2.
Total Responses: 3,528.
Hours Per Response: 2.5.
Total Burden Hours: 8,820.
Obtaining Copies of Proposals:
Requesters may obtain a copy of the
information collection documents from
the General Services Administration,
Regulatory Secretariat (VPR), 1800 F
Street, NW., Room 4041, Washington,
DC 20405, telephone (202) 501–4755.
Please cite OMB Control No. 3090–0007,
GSA Form 527, Contractor’s
Qualifications and Financial
Information, in all correspondence.
Dated: December 17, 2008.
Casey Coleman,
Chief Information Officer, Office of the Chief
Information Officer.
[FR Doc. E8–30567 Filed 12–23–08; 8:45 am]
BILLING CODE 6820–34–P
GENERAL SERVICES
ADMINISTRATION
[OMB Control No. 3090–0277]
Office of Citizen Services and
Communications; Information
Collection; Market Research Collection
AGENCY: Office of Citizen Services and
Communications, GSA.
ACTION: Notice of request for comments
regarding a renewal to an existing OMB
clearance.
SUMMARY: Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the General Services
Administration will be submitting to the
Office of Management and Budget
(OMB) a request to review and approve
a renewal of a currently approved
information collection requirement
regarding Market Research for the Office
of Citizen Services and
Communications. The OMB clearance
currently expires on April 30, 2009.
This information collection will be
used to determine the utility and ease of
use of GSA’s Web site, https://
www.gsa.gov. The respondents include
individuals and representatives from
businesses currently holding GSA
contracts.
Public comments are particularly
invited on: Whether this collection of
information is necessary and whether it
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Agencies
[Federal Register Volume 73, Number 248 (Wednesday, December 24, 2008)]
[Notices]
[Pages 79127-79130]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30628]
-----------------------------------------------------------------------
FEDERAL RESERVE SYSTEM
[Docket No. OP-1346]
Policy on Payment System Risk; Daylight Overdraft Posting Rules
AGENCY: Board of Governors of the Federal Reserve System.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Board has decided not to pursue at this time its proposal
to change the posting time to 8:30 a.m. for commercial and government
automated clearinghouse (ACH) debit transfers that are processed by the
Federal Reserve Banks' (Reserve Banks) FedACH service. (All times are
eastern time.) The proposal would have aligned the posting time for ACH
debit transfers with the posting time for ACH credit transfers, which
are currently posted at 8:30 a.m. on the settlement date. Commercial
and government ACH debit transfers processed by the Reserve Banks'
FedACH service will continue to be posted at 11 a.m., while commercial
and government ACH credit transfers will continue to be posted at 8:30
a.m. The credit and debit accounting entries associated with ACH credit
transfers and ACH debit transfers are posted simultaneously at the
appointed posting time. In line with this decision, the Board will not
move the posting time for Treasury Tax and Loan (TT&L) investments
associated with Electronic Federal Tax Payment System (EFTPS) ACH debit
transfers. These transactions will continue to be posted at 11 a.m. The
Board will reconsider the proposal in the future.
FOR FURTHER INFORMATION CONTACT: Jeffrey Marquardt, Deputy Director
(202-452-2360) or Susan Foley, Assistant Director (202-452-3596),
Division of Reserve Bank Operations and Payment Systems, Board of
Governors of the Federal Reserve System; for users of
Telecommunications Device for the Deaf (``TDD'') only, contact (202)
263-4869.
SUPPLEMENTARY INFORMATION:
I. Background
On March 7, 2008, the Board requested comment on changing the
posting time for commercial and government ACH debit transfers that are
processed by the Reserve Banks' FedACH service to 8:30 a.m. (from 11
a.m.) on the settlement date to coincide with the posting time for
commercial and government ACH credit transfers.\1\ The Board outlined
four potential benefits from shifting earlier the posting time for ACH
debit transfers. First, for institutions that originate large values of
ACH debit transfers, the liquidity needed to fund the settlement of ACH
credit originations at 8:30 a.m. could be largely or entirely offset by
the receipt of funds from the settlement of ACH debit transfers also at
8:30 a.m.\2\ Second, the change could increase liquidity for
institutions that originate ACH debit transfers over the Electronic
Payments Network (EPN), the other ACH operator, but have transfers
delivered to receiving depository institutions over the FedACH network
(inter-operator transactions).\3\ All ACH debit transfers would settle
at 8:30 a.m. (with all ACH credit transfers) regardless of the operator
through which the transfer is originated. Third, moving the posting
time for ACH debit transfers to 8:30 a.m. would align the Reserve
Banks' FedACH settlement times with those of EPN. The Reserve Banks'
Retail Payments Office, which has primary responsibility for FedACH,
believed that this change would remove competitive disparities between
the two ACH operators and their participants that arise from different
settlement times for ACH debit transfers. Fourth, the change would
conform more closely to the Board's guidelines for measuring daylight
overdrafts, specifically the principle that encourages posting times to
be as close as possible to the delivery of payments to the receiving
institution. Because FedACH payments are processed in the early morning
hours, usually between 2 a.m. and 4 a.m., and payment advices are sent
to depository institutions generally by 6 a.m., posting ACH debit
transfers at 8:30 a.m. would shift the settlement time closer to the
payment delivery time.
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\1\ See 73 FR 12443, March 7, 2008.
\2\ Liquidity refers to balances and intraday credit available
in Federal Reserve accounts to make payments.
\3\ Inter-operator transactions are posted to the Federal
Reserve accounts of the originating and receiving institutions
according to the Board's posting rules for the underlying ACH
transfers.
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In its proposal, the Board also recognized that the simultaneous
posting of ACH debit and credit transfers would reduce, on average, the
available balances between 8:30 a.m. and 10:59 a.m. for the majority of
FedACH participants (approximately 95 percent). The majority of FedACH
participants currently gain balances from the posting of ACH credit
transfers at 8:30 a.m. If ACH debit transfers are also posted at 8:30
a.m., the gain in balances for these institutions will either diminish
or be eliminated. Many institutions would need to fund their Federal
Reserve accounts through daylight overdrafts or other funding sources.
The vast majority of
[[Page 79128]]
institutions that would need to fund their accounts are eligible to
incur daylight overdrafts, but the Board estimated that there are at
least thirty-five institutions affected that do not have access to
intraday credit.
In addition to proposing the change to the posting rules for ACH
debit transfers, the Board also intended, in consultation with the U.S.
Treasury, to move the posting of TT&L investments associated with EFTPS
ACH debit transfers to 8:30 a.m. The U.S. Treasury uses TT&L accounts
to collect taxes and invest excess Treasury balances with depository
institutions, including EFTPS tax payments collected through either ACH
credit or debit transfers. The TT&L investments are currently posted at
the same time as their respective ACH credit and debit transfers, at
8:30 a.m. and 11 a.m. The simultaneous posting for the collection of
these tax payments and investment of excess tax funds collected is
intended to minimize the effect of the daily tax collection on
aggregate reserve balances of the banking system. The Board intended to
shift the posting of TT&L investments associated with EFTPS ACH debit
transfers to the same time as ACH debit transfers to continue to
minimize the effect of fluctuations in government receipts on the
intraday reserve balances of the banking industry.
II. Summary of Comments and Analysis
The Board received twenty-seven comment letters on its proposed
policy to change the daylight overdraft posting rules. The commenters
included eight commercial banking organizations, nine bankers' banks
(including corporate credit unions), one government-sponsored entity
(GSE), one Reserve Bank, one private-sector clearing and settlement
system, and seven industry organizations. Nine commenters, including
commercial banking organizations, the Reserve Banks' Retail Payments
Office, and industry organizations, were generally supportive of the
proposed changes to help reduce the intraday liquidity needs of certain
depository institutions for ACH transfers. While supportive of the
proposal, several of these commenters raised concerns about other
institutions--particularly smaller institutions, institutions in
western time zones, and those that do not have access to intraday
credit--that would incur costs associated with the proposed change.
Seventeen commenters, including commercial banking organizations,
bankers' banks, industry organizations, and a GSE, opposed the proposed
change to posting rules. These commenters stated that the proposed
change would increase daylight overdrafts and create significant
funding and other costs for their institutions or members. Some of
these commenters either do not have or represent those that do not have
regular discount window access and thus do not have access to intraday
credit under the Board's Policy on Payment System Risk (PSR).\4\ These
institutions would need to hold higher balances overnight at the
Reserve Banks or find alternative sources to supply funding before 8:30
a.m. to avoid incurring daylight overdrafts and thereby avoid violating
the PSR policy and incurring daylight overdraft penalty fees.
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\4\ See the PSR policy at https://www.federalreserve.gov/
paymentsystems/psr/default.htm.
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One commenter, a private-sector clearing and settlement system,
indicated that it had no objection to the proposed change but noted
that some depository institutions might incur greater daylight
overdrafts. This commenter, as well as several others, recommended
implementing the posting-rule change simultaneously with the proposed
changes to the PSR policy.\5\ The proposed PSR policy changes would
allow institutions to pledge voluntarily collateral and obtain a zero
daylight overdraft fee on the resulting collateralized daylight
overdrafts. Institutions that might incur daylight overdrafts from
earlier posting of ACH debit transfers would have the opportunity to
collateralize all or a portion of their daylight overdrafts to reduce
or eliminate daylight overdraft fees associated with the posting-rule
change.
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\5\ The Board issued a separate proposal to address broad
changes to the PSR policy. See 73 FR 12417, March 7, 2008. The final
rule for these broad policy changes is published elsewhere in
today's Federal Register.
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In responding to the proposal, the majority of commenters also
addressed the questions raised by the Board on competitive disparities,
availability of funds to customers of depository institutions,
liquidity concerns, cost estimates, and implementation time frames.
The Board asked whether the differences in settlement times caused
competitive disparities between the ACH operators or institutions that
use one or the other operator. Eight commenters stated that they
believed that there are no competitive disparities between ACH
operators or their participating depository institutions or that the
disparity resulting from the differences in settlement times is
negligible. Three of these commenters mentioned that they consider a
number of factors, including price and service levels, in choosing an
operator and believed others use similar criteria in making a decision
about what operator to use. Five commenters, however, believed that
FedACH and large originating depository institutions using FedACH would
be in a better position if they received credits earlier for the ACH
debit transfers they originate. These commenters generally believed
that FedACH and its customers are competitively disadvantaged relative
to EPN and its customers because of differences in settlement timing.
The Board also requested feedback on whether customers of
depository institutions would benefit from earlier availability of
funds. Two respondents noted that the posting-rule change could have
the opposite effect for the availability of funds for customers of
bankers' banks. Such customers would need to hold a higher value of
funds overnight and in the morning in order to cover the earlier debit
for ACH debit transfers, which would reduce the availability of funds
for those customers. Three commenters responded that the proposed
change would not have an effect on the availability of funds to their
customers and believed that there would be no change for most
depository institutions. Some of these commenters and one additional
commenter, however, acknowledged that the change could improve the
availability of funds to customers at certain depository institutions.
To the extent funds would be made available earlier, one commenter
stated that businesses would be able to manage their cash positions
earlier in the day and use those funds for other purposes.
The Board asked whether the proposed broad PSR policy changes,
which include a zero fee for collateralized daylight overdrafts, might
mitigate the liquidity concerns of originating institutions of ACH
debits without changing the posting rules. The simultaneous posting of
ACH credit and debit transfers could reduce the use of intraday
liquidity for certain originating depository institutions because they
would only need to fund the net amount at 8:30 a.m. Three commenters
noted that the broad PSR policy changes alone would be sufficient to
alleviate liquidity issues for most originating institutions. While in
agreement with these three commenters, another respondent stated that
liquidity concerns of large originating institutions could be best
mitigated if both the proposed broad PSR policy changes and the
proposed posting-rule change were adopted
[[Page 79129]]
simultaneously. This commenter and the other eight supporters of the
proposed change noted that simultaneous posting of ACH debits with ACH
credits would reduce the liquidity certain originating depository
institutions would need.
In addition, the Board sought feedback on whether the proposed
broad PSR changes would mitigate liquidity pressures for receiving
institutions if the posting-rule change were adopted. Six commenters
stated that the simultaneous adoption of the broad PSR policy and
posting-rule changes could mitigate liquidity issues created by the
posting-rule change for receiving institutions. Most of these
commenters, however, expressed concern about whether institutions,
especially large receiving depository institutions, would have
sufficient collateral to pledge to offset increases in daylight
overdrafts. In addition to these commenters, four other commenters
stated that either they or others do not have access to intraday credit
and thus the proposed PSR policy changes would not mitigate the effect
of the posting-rule change for those institutions. Two commenters
requested that the Federal Reserve allow bankers' banks that do not
have access to intraday credit to pledge collateral and receive
collateralized intraday credit at a zero fee. Under the current
eligibility criteria, collateralized credit at a zero fee would be
restricted to accountholders that have access to intraday credit.
In response to questions on costs, four commenters stated that the
cost of increased daylight overdrafts might not be significant if the
broad PSR policy changes were simultaneously implemented, although two
of these commenters indicated that some institutions, particularly
large receivers of ACH debit transfers, might not have sufficient
collateral or might not have access to daylight overdrafts and would
incur increased costs. A range of commenters identified interest-
related and other costs associated with the proposed posting-rule
change. Fifteen commenters believed that institutions without access to
intraday credit as well as their customers would be especially likely
to suffer lost interest income. Several of these commenters discussed
the opportunity cost of needing to fund their accounts the previous
night, including over weekends and holidays, rather than investing in
the market. Others discussed pursuing arrangements for the early return
of fed funds loans. Commenters expressed doubt that counterparties
would be willing to return fed funds loans before 8:30 a.m. and stated
that reduced rates would be associated with such arrangements, if
counterparties were willing.\6\ One commenter also raised the option of
holding greater contractual clearing balances to increase its earnings
credits for Reserve Banks' services but stated the earnings credits
would exceed its needs for Reserve Bank-provided priced services and
would be at a rate lower than alternative investments.
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\6\ Today, a typical agreement for the early return of fed funds
loans includes a reduced rate and delivery by 9 a.m.
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Eight respondents also highlighted the daily variability that makes
it difficult for receivers of ACH debit transfers to predict with
certainty their net debit positions before the day of settlement. This
variability might require institutions to hold higher overnight
balances than actually needed to ensure sufficient funds to cover ACH
debit transfers. For some, an alternative to holding overnight balances
or obtaining the early return of fed funds loans would be to hold
reserves voluntarily (and thus gain access to the discount window and
eligibility for intraday credit), but commenters indicated that holding
reserves would also entail significant costs.\7\ In addition, three
commenters noted that depository institutions located outside the
eastern time zone, particularly smaller institutions, might incur
additional staffing costs in order to manage their accounts before
normal business hours.
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\7\ Bankers' banks, including corporate credit unions, are
depository institutions that are not required to maintain reserves
under the Board's Regulation D (12 CFR 204) because they are
organized solely to do business with other financial institutions,
are owned primarily by the financial institutions with which they do
business, and do not do business with the general public. Such
bankers' banks also generally are not eligible for Reserve Bank
discount window credit under the Board's Regulation A (12 CFR
201.2(c)(2)) and thus are not eligible for intraday credit under the
Board's PSR policy. Bankers' banks may waive their exemption from
reserve requirements under Regulation D to gain regular access to
the discount window and eligibility for intraday credit.
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For implementation, the Board stated that, if adopted, it would
specify an effective date at least six months from the announcement of
a final rule. In response, six commenters stated that six months or
less would be a sufficient lead time for implementation, while two
commenters noted that implementation in six months would be a hardship.
Eight commenters requested that the Board align the implementation time
of the posting-rule changes with the implementation of the broad PSR
policy changes, although in citing a preference for simultaneous
implementation, two of these commenters requested bankers' banks
without access to intraday credit be able to pledge collateral for a
zero fee.
Three commenters requested that the Board implement the posting-
rule change after the Reserve Banks begin paying interest on Federal
Reserve account balances. Paying interest on Federal Reserve account
balances would reduce the opportunity cost of holding balances
overnight at the Federal Reserve to cover the earlier posting of ACH
debit transfers. In some cases, the interest paid by the Federal
Reserve may be greater than rates available in the market, which would
remove the opportunity cost of holding higher balances.\8\ To the
extent that the interest paid by the Federal Reserve is less than the
interest that could be obtained in the market, however, institutions
would still incur opportunity costs of holding balances at the Reserve
Banks, but the incremental cost would be greatly reduced through the
payment of interest on these balances. Paying interest on Federal
Reserve account balances would also reduce the costs for bankers' banks
to hold reserves voluntarily (by waiving their exemption from reserve
requirements) to gain access to the discount window and eligibility for
intraday credit. In holding reserves voluntarily, bankers' banks would
have the possibility of using daylight overdrafts to cover the earlier
posting of ACH debit transfers. While the original effective date for
paying interest on Federal Reserve account balances was October 2011,
the Board was granted authority for an earlier implementation in
October 2008. The Board issued an interim final rule to outline its
initial implementation for paying interest on Federal Reserve account
balances, which began on October 9, while also requesting comment on
certain aspects of the implementation.\9\
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\8\ The rate paid by the Federal Reserve currently exceeds the
effective rate for fed funds loans. Institutions have a significant
incentive to hold balances, in particular excess balances (balances
held in excess of required reserve balances and clearing balances),
at the Reserve Banks.
\9\ See 73 FR 59482, October 9, 2008.
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The Board has considered the comments on the proposed posting-rule
change and has decided not to pursue the change at this time. Almost
all commenters stated that the posting-rule change would place
additional costs and liquidity pressures on many institutions,
especially those institutions that do not have access to intraday
credit at the Reserve Banks, smaller institutions, and West Coast
institutions. Most commenters indicated that they do not believe
significant competitive disparities between the ACH operators or
depository
[[Page 79130]]
institutions result from differences in settlement times. It also does
not appear that customers of depository institutions would
significantly benefit from ACH debit transfers being settled earlier in
the day. In addition, the majority of commenters opposed the proposed
change and several of those that supported the change raised
significant concerns about its effect on other institutions.
The Board, however, believes that over time the payment of interest
on Federal Reserve account balances and the broad PSR policy changes,
which were announced separately today in the Federal Register, will
significantly mitigate the concerns raised by commenters. Interest on
Federal Reserve account balances will reduce the cost of holding
balances overnight to fund earlier posting of ACH debits and may
encourage institutions to hold reserves voluntarily, which would make
them eligible for intraday credit. The broad PSR policy changes will
also mitigate the cost of incurring greater daylight overdrafts through
the voluntary pledging of collateral for a zero fee.
While not pursuing the original proposal at this time, the Board
believes that the simultaneous posting of ACH credit and debit
transfers at 8:30 a.m. would enhance the efficiency of the payment
system in the long run. Institutions that originate large values of ACH
debit transfers would benefit from the need for less liquidity to
settle their ACH transfers. Such a change also would align the
settlement times for all ACH transfers so that it would not matter
through which operator an institution originated its ACH transfers. In
addition, the change would conform more closely to the Board's
guidelines for measuring daylight overdrafts. The Board will monitor
changes in the environment as the industry adjusts to the initial
implementation of paying interest on Federal Reserve account balances
and other market events and will reconsider the proposed posting-rule
change in the future.
By order of the Board of Governors of the Federal Reserve
System, December 18, 2008.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E8-30628 Filed 12-23-08; 8:45 am]
BILLING CODE 6210-01-P