Proposed Agency Information Collection Activities; Comment Request, 57037-57041 [2011-23614]
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Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Notices
The
September 13, 2011 meeting was
canceled.
FEDERAL DEPOSIT INSURANCE
CORPORATION
CHANGES IN THE MEETING:
Notice to All Interested Parties of the
Termination of the Receivership of
10000, Metropolitan Savings Bank,
Pittsburgh, PA
PERSON TO CONTACT FOR INFORMATION:
Judith Ingram, Press Officer, Telephone:
(202) 694–1220.
Notice is Hereby Given that the
Federal Deposit Insurance Corporation
(‘‘FDIC’’) as Receiver for Metropolitan
Savings Bank, (‘‘the Receiver’’) intends
to terminate its receivership for said
institution. The FDIC was appointed
receiver of Metropolitan Savings Bank
on February 2, 2007. The liquidation of
the receivership assets has been
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available funds and in accordance with
law, the Receiver will be making a final
dividend payment to proven creditors.
Based upon the foregoing, the
Receiver has determined that the
continued existence of the receivership
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Consequently, notice is given that the
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this Notice to: Federal Deposit
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Attention: Receivership Oversight
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No comments concerning the
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considered which are not sent within
this timeframe.
Dated: September 12, 2011.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2011–23705 Filed 9–14–11; 8:45 am]
BILLING CODE 6714–01–P
FEDERAL ELECTION COMMISSION
Sunshine Act Notice
Federal Election Commission.
Federal Register Citation of Previous
Announcement—76 FR 55677
(September 8, 2011).
DATE AND TIME: Tuesday, September 13,
and Thursday, September 15, 2011 at 10
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PLACE: 999 E Street, NW., Washington,
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STATUS: This meeting is closed to the
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AGENCY:
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Shawn Woodhead Werth,
Secretary and Clerk of the Commission.
[FR Doc. 2011–23733 Filed 9–13–11; 11:15 am]
BILLING CODE 6715–01–P
FEDERAL RESERVE SYSTEM
Proposed Agency Information
Collection Activities; Comment
Request
Board of Governors of the
Federal Reserve System.
SUMMARY: Under authority delegated to
the Board of Governors of the Federal
Reserve System (Board) by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act (PRA), the
Board is requesting comment on four
surveys related to its obligations under
section 920(a) of the Electronic Fund
Transfer Act (EFTA). Two surveys
request information about the
prevalence of the use of general-use
prepaid cards in federal, state, and local
government-administered payment
programs and the interchange and
cardholder fees charged with respect to
this use. The Board is proposing to
conduct these surveys to collect
information necessary to meet its
obligation under EFTA section
920(a)(7)(D) to submit an annual report
to the Congress on such programs and
fees. One of these surveys will require
information from issuers of governmentadministered, general-use prepaid cards,
in accordance with the Board’s
information collection authority in
section 920(a)(3)(B) of the EFTA. The
other survey, which is voluntary, will be
directed to state governments that
administer general-use prepaid cards.
The Board is also requesting comment
on two mandatory surveys, one for debit
card issuers and one for payment card
networks, that will collect information
on costs, debit card usage, and
interchange fees. These surveys will
enable the Board to meet its obligation
under EFTA section 920(a)(3) to
disclose aggregate or summary
information concerning the costs
incurred and interchange fees charged
or received by issuers or payment card
networks in connection with the
authorization, clearance or settlement of
electronic debit transactions.
DATES: Comments must be submitted on
or before November 14, 2011.
AGENCY:
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You may submit comments,
identified by FR 3063a or b
(government-administered, general-use
prepaid cards), FR 3064a (debit card
issuers), or FR 3064b (payment card
networks), 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.
Additionally, commenters should
send a copy of their comments to the
OMB Desk Officer, Shagufta Ahmed, by
mail to Office of Information and
Regulatory Affairs, Office of
Management and Budget, New
Executive Office Building, Room 10235,
725 17th Street, NW., Washington, DC
20503 or by fax to 202–395–6974.
All public comments are available on
the Board’s Web site at https://
www.federalreserve.gov/generalinfo/
foia/ProposedRegs.cfm as submitted,
unless modified for technical reasons.
Accordingly, 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:
Jennifer Williams, Senior Financial
Services Analyst (202–452–2446),
Division of Reserve Bank Operations
and Payment Systems, Board of
Governors of the Federal Reserve
System, Washington, DC 20551, for FR
3063a or b (government-administered,
general-use prepaid cards).
Edith Collis, Senior Financial
Services Analyst (202–452–3638),
Division of Reserve Bank Operations
and Payment Systems, Board of
Governors of the Federal Reserve
System, Washington, DC 20551, for FR
3064a (debit card issuers).
Linda Healey, Senior Financial
Services Analyst (202–452–5274),
Division of Reserve Bank Operations
and Payment Systems, Board of
ADDRESSES:
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Governors of the Federal Reserve
System, Washington, DC 20551, for FR
3064b (payment card networks).
A copy of the PRA OMB submission,
including the proposed surveys,
supporting statement, and other
documentation will be placed into
OMB’s public docket files, once
approved. These documents will also be
made available on the Board’s public
Web site at: https://
www.federalreserve.gov/boarddocs/
reportforms/review.cfm or may be
requested from the agency clearance
officer, whose name appears below.
Cynthia Ayouch, Federal Reserve
Board Clearance Officer (202–452–
3829), Division of Research and
Statistics, Board of Governors of the
Federal Reserve System, Washington,
DC 20551. Telecommunications Device
for the Deaf (TDD) users may contact
(202–263–4869), Board of Governors of
the Federal Reserve System,
Washington, DC 20551.
SUPPLEMENTARY INFORMATION:
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Background
On June 15, 1984, the OMB delegated
to the Board its approval authority
under the PRA, pursuant to 5 CFR
1320.16, to approve of and assign OMB
control numbers to collection of
information requests and requirements
conducted or sponsored by the Board
under conditions set forth in 5 CFR Part
1320 Appendix A.1. Board-approved
collections of information are
incorporated into the official OMB
inventory of currently approved
collections of information. Copies of the
PRA submission, supporting statements
and approved collection of information
instruments are placed into OMB’s
public docket files. The Board may not
conduct or sponsor, and a respondent is
not required to respond to, an
information collection that has been
extended, revised, or implemented on or
after October 1, 1995, unless it displays
a currently valid OMB control number.
Request for Comment on Information
Collection Proposals
The following information
collections, which are being handled
under OMB delegated authority, have
received initial Board approval and are
hereby published for comment. After
the comment deadline, the proposed
information collections, along with an
analysis of comments and
recommendations received, will be
submitted to the Board for final
approval under this delegated authority.
The Board requests comment on all
aspects of the proposed surveys, as
discussed further below, including the
following:
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a. Whether the proposed collection of
information is necessary for the proper
performance of the Board’s functions,
including whether the information has
practical utility;
b. The accuracy of the Board’s
estimate of the burden of the proposed
information collection, including the
validity of the methodology and
assumptions used;
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.
Proposal To Approve Under OMB
Delegated Authority the
Implementation of the Following
Information Collections
1. Report title: Governmentadministered, General-use Prepaid Card
Surveys.1
Agency form number: FR 3063a and
FR 3063b.
OMB control number: 7100– to be
assigned.
Frequency: Annual.
Reporters: Issuers of governmentadministered, general-use prepaid cards
(FR 3063a) and state governments that
administer general-use prepaid cards
(FR 3063b).
Estimated annual reporting hours: FR
3063a: 1,000 hours; FR 3063b: 900
hours.
Estimated average hours per response:
FR 3063a: 50 hours; FR 3063b: 15 hours.
Number of respondents: FR 3063a: 20;
FR 3063b: 60.
General description of report: These
information collections are authorized
by section 920(a) of the EFTA, which
was added by section 1075(a) of the
Dodd-Frank Wall Street Reform and
Consumer Protection Act (Dodd-Frank
Act). 15 U.S.C. 1693o–2. EFTA Section
920(a) requires the Board to submit an
annual report to the Congress on the
prevalence of the use of general-use
prepaid cards in federal, state, or local
government-administered payment
programs and the interchange
transaction fees and card-holder fees
charged with respect to the use of such
general-use prepaid cards. 15 U.S.C.
1693o–2(a)(7)(D). EFTA Section 920(a)
also provides the Board with authority
to require issuers to provide information
to enable the Board to carry out the
1 The proposed issuer and state government
surveys, supporting statement, and other
documentation are available on the Board’s public
Web site at: https://www.federalreserve.gov/
boarddocs/reportforms/review.cfm.
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provisions of EFTA Section 920(a). 15
U.S.C. 1693o–2(a)(3)(B).
The obligation of issuers to respond to
the issuer survey (FR 3063a) is
mandatory. Some of the data collected
by FR 3063a may be kept confidential
under exemption (b)(4) of the Freedom
of Information Act (FOIA), which
exempts from disclosure ‘‘trade secrets
and commercial or financial information
obtained from a person and privileged
or confidential.’’ 5 U.S.C. 552(b)(4).
Information collected under FR 3063a
can be kept confidential under
exemption (b)(4) if the release of data
would cause substantial harm to the
competitive position of the issuer.
The obligation of state governments to
respond to the government survey (FR
3063b) is voluntary. The Board
anticipates that all of the information
collected by FR 3063b would be
publicly available information and
would not be given confidential
treatment.
The Board specifically requests
comment on the following:
a. What information collected by the
issuer survey (FR 3063a) would consist
of trade secrets or commercial or
financial information;
b. Whether information collected by
the government survey (FR 3063b) is
publicly available information; and
c. Whether there are issuers of
government-administered, general-use
prepaid cards that are not depository
institutions, and, if so, should the
depository institution holding the
insured deposits underlying the cards
be required to report on behalf of those
issuers.
Abstract: Section 920 of the EFTA
provides that the Board shall provide
annually a report to the Congress
regarding the prevalence of the use of
general-use prepaid cards in federal,
state, and local governmentadministered payment programs, and
the interchange and cardholder fees
charged with respect to this use. Section
920(a) also provides the Board with
authority to require card issuers to
respond to information requests as may
be necessary to carry out the provisions
of the section.
On March 24, 2011, the Board
distributed two surveys to industry
participants (a depository institution
survey and a state government survey)
designed to assist the Board in meeting
the reporting requirements in section
920(a) related to the prevalence of the
use of general-use prepaid cards in
federal, state, or local governmentadministered payment programs and
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associated fees.2 In response to
comments and survey submissions from
issuers and governments, the Board
developed the FR 3063a and 3063b
surveys, as described below, which
would replace the surveys distributed in
March 2011.
Current Actions: The Board proposes
to implement the issuer survey (FR
3063a) and the government survey (FR
3063b). Responding to the issuer survey
(FR 3063a) would be required for
approximately 20 depository
institutions that issue general-use
prepaid cards for federal, state, or local
government-administered payment
programs. The survey would request
information on cards associated with
accounts domiciled in the United States,
District of Columbia, and U.S.
territories.3
In general, the issuer survey (FR
3063a) would collect information
separately for each governmentadministered program for which the
depository institution is the issuer of
general-use prepaid cards as well as in
the aggregate for all programs. The
issuer survey would collect information
on card programs using two types of
authentication mechanisms: dualmessage transactions (those generally
requiring a signature) and singlemessage transactions (those generally
requiring the input of a personal
identification number (PIN)).4 The first
reporting period would cover the
calendar year 2011, collected as of
December 31, 2011.
The Board specifically requests
comment on the following:
a. The best terms to use in identifying
types of authentication mechanisms
(single-message and dual-message
versus PIN and signature) given that not
all dual-message transactions require a
signature and not all single-message
transactions require a PIN.
The issuer survey would comprise 10
sections:
I. Respondent Information:
Respondents would provide the name of
the card issuer covered in the response;
and the contact person(s) name, survey
2 The 2011 depository institution and state
government surveys were conducted via the Ad Hoc
Payment System Surveys (FR 3054a; OMB No.
7100–0332).
3 U.S. territories include American Samoa,
Federal States of Micronesia, Guam, Midway
Islands, Northern Mariana Islands, Puerto Rico,
Republic of Palau, Republic of the Marshall Islands,
and U.S. Virgin Islands.
4 In dual-message transactions, authorization
information is carried in one message and clearing
information is carried in a separate message. In
single-message transactions, authorization and
clearing information is carried in one message.
General-use prepaid cards may use either method
(although dual-message transactions are more
common) and may be reloadable or non-reloadable.
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section for which they are responsible,
e-mail, and phone number.
II. Card program information:
Respondents would report summary
information on card programs covered
in the response, whether the response
covers federal, state, or local programs,
jurisdiction,5 sponsoring government
agency(ies), a description of payment
type, recipients receiving payments on
prepaid cards, and recipients receiving
payments by all payment methods.
The Board specifically requests
comment on the following:
a. The ability of issuers to provide the
total number of recipients receiving
payments, regardless of payment
method.
III. Government-Administered Prepaid
Cards: Respondents would report
summary information on the number of
cards outstanding, and the allocation of
cards outstanding between cards that
can be used on both dual-message
(signature) and single-message (PIN)
networks.
IV. Funding: Respondents would
report the value of funds loaded into
prepaid card accounts, funds
outstanding on prepaid card accounts,
and all funds disbursed by all payment
methods.
The Board specifically requests
comment on the following:
a. The ability of issuers to provide the
total value of all funds disbursed,
regardless of payment method.
b. Whether any funding patterns
during the month may change
significantly an issuer’s response
depending on the as-of date requested.
Note—The draft survey requests
outstanding funds at the end of the
month.
V. ATM Transactions: Respondents
would report summary information on
the number of cards outstanding at yearend that can be used to make ATM cash
withdrawals, the volume and value of
ATM cash withdrawals, and the ATM
fees charged for withdrawals by ATM
operators at nonproprietary ATMs.
VI. Purchase Transactions:
Respondents would report summary
information on the volume and value of
settled purchase transactions and the
volume and value of settled purchase
transactions for dual-message
(signature) transactions and singlemessage (PIN) transactions.
VII. Interchange Fees: Respondents
would report interchange fee revenues
received on settled purchase
transactions and the allocation of the
interchange fee revenues received on
5 Jurisdiction refers to the geographic area in
which the general-use prepaid card program is
administered.
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settled purchase transactions 6 for dualmessage (signature) transactions and
single-message (PIN) transactions.
VIII. Fees Paid by Issuers:
Respondents would report the fees paid
on nonproprietary ATM cash
withdrawals and the fees paid on overthe-counter cash withdrawals at other
banks’ teller stations.
The Board specifically requests
comment on the following:
a. Whether fees paid for over-thecounter at-bank (teller) cash
withdrawals should be included in the
survey.
IX. Revenues From Cardholder Fees:
Respondents would provide total
revenues received on all fees charged to
cardholders and the allocation of all fees
charged to cardholders between routine
purchase transaction fees, monthly fees,
balance inquiry fees, ATM fees, overthe-counter at-bank (teller) fees, account
servicing fees, penalty fees, and all other
fees.
X. Fees Assessed to Cardholders:
Respondents would provide summary
information on fees assessed to
cardholders by the issuer, including
routine purchase transaction fees,
monthly fees, balance inquiry fees, ATM
fees charged to cardholders, over-thecounter at-bank (teller) fees, account
servicing fees, penalty fees, and all other
fees.
Responding to the government survey
(FR 3063b) would be voluntary for
approximately 60 government entities,
including the states, the District of
Columbia, and U.S. territories
(collectively ‘‘state governments’’). The
survey would collect information about
the prevalence of use of general-use
prepaid cards in federal, state, and local
government-administered payment
programs.7 The first reporting period
would cover the calendar year 2011,
collected as of December 31, 2011.
The government survey would
comprise four sections:
I. Respondent Information:
Respondents would identify the
government agency (including federal,
state or other jurisdiction) for which
they are responding; and provide the
contact person(s) name, survey section
for which they are responsible, e-mail,
and phone number.
II. Program information: Respondents
would report summary information on
card programs covered in the response,
whether the response covers a federal,
state, or local program, sponsoring
6 A settled purchase transaction refers to a debit
card transaction that has been settled, excluding
transactions that are pre-authorizations, denials,
adjustments, or returns.
7 See footnote 3.
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government agency(ies), card-issuer(s), a
description of payment type, the
number of recipients receiving
payments on prepaid cards, and the
number of recipients receiving
payments by all payment methods.
III. Cards: Respondents would report
the number of cards outstanding.
IV. Funding: Respondents would
report the value of funds loaded into
prepaid card accounts and the value of
all funds paid by all payment methods.
The issuer survey (FR 3063a) and the
government survey (FR 3063b) would be
made available online by mid-February
2012 and would request that the surveys
be completed and returned to the Board
within 30 calendar days.
The Board specifically requests
comment on the following:
a. Whether 30 calendar days allows
sufficient time for respondents to
complete the proposed surveys.
2. Report title: Interchange
Transaction Fees Surveys.8
Agency form number: FR 3064a and
FR 3064b.
OMB control number: 7100—to be
assigned.
Frequency: FR 3064a—Biennial; FR
3064b—Annual.
Reporters: Issuers of debit cards (FR
3064a) and payment card networks (FR
3064b).
Estimated annual reporting hours: FR
3064a: 46,400 hours; FR 3064b: 425
hours.
Estimated average hours per response:
FR 3064a: 80 hours; FR 3064b: 25 hours.
Number of respondents: FR 3064a:
580; FR 3064b: 17.
General description of report: These
information collections are authorized
by section 920(a) of the EFTA, which
was added by section 1075(a) of the
Dodd-Frank Act. 15 U.S.C. 1693o–2.
This section requires the Board to (on a
biennial basis) disclose aggregate or
summary information concerning the
costs incurred and interchange
transactions fees charged or received, by
issuers or payment card networks in
connection with the authorization,
clearance, or settlement of electronic
debit transaction as the Board considers
appropriate and in the public interest.
15 U.S.C. 1693o–2(a)(3)(B). It also
provides the Board with authority to
require issuers (or agents of issuers) and
payment card networks to provide
information to enable the Board to carry
out the provisions of the section.
The obligation to respond to these
surveys is mandatory. In accordance
8 The proposed debit card issuer and payment
card network surveys, supporting statement, and
other documentation are available on the Board’s
public Web site at: https://www.federalreserve.gov/
boarddocs/reportforms/review.cfm.
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with the statutory requirement, the
Board will release aggregate or summary
information from the survey responses.
Some of the data collected by the
surveys may be kept confidential under
exemption (b)(4) of FOIA, which
exempts from disclosure ‘‘trade secrets
and commercial or financial information
obtained from a person and privileged
or confidential.’’ 5 U.S.C. 552(b)(4).
Information collected under the surveys
can be kept confidential under
exemption (b)(4) if the release of data
would cause substantial harm to the
competitive position of the respondent.
Abstract: Section 920(a)(3) of the
EFTA provides that the Board shall at
least on a biennial basis disclose
aggregate or summary information
concerning the costs incurred, and
interchange transaction fees charged or
received, by issuers or payment card
networks in connection with debit card
transactions. 15 U.S.C. 1693o–2(a)(3)(B).
When the Board adopted Regulation II
setting debit card interchange fee
standards, the Board’s rulemaking stated
that information would be gathered
from payment card networks annually
regarding interchange fees that are
received by covered and exempt
issuers.9
On September 13, 2010, the Board
distributed three surveys to industry
participants (a card issuer survey, a
payment card network survey, and a
merchant acquirer/processor survey)
designed to gather information to assist
the Board in developing Regulation II.
Industry participants, including
payment card networks, trade groups,
and individual firms from both the
banking industry and merchant
community, commented on preliminary
versions of the 2010 issuer and network
surveys, through both written
submissions and a series of drop-in
calls. In response to the comments, the
two surveys were modified, as
appropriate.10 The implementation of
the FR 3064a and 3064b, as described
below, would replace the 2010 surveys.
Current Actions: The Board proposes
to implement the debit card issuer
survey (FR 3064a) and the payment card
network survey (FR 3064b). The debit
card issuer survey would be required for
each debit card issuer that, together
with its affiliates, has assets of $10
billion or more. The survey would
request information on accounts and
cards associated with accounts
9 Regulation II—Debit Card Interchange Fees and
Routing (76 FR 43394 (July 20, 2011)).
10 The 2010 issuer and network surveys were
conducted under the emergency clearance
provision of the OMB’s regulation, Interchange
Transaction Fees Survey (FR 3062; OMB No. 7100–
0329).
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domiciled in the United States, the
District of Columbia, and U.S.
territories.11
The Board specifically requests
comment on the following:
a. The feasibility of requiring each
chartered entity that issues debit cards
to complete a separate survey rather
than requiring a holding company to
complete one survey for all its chartered
entities, as was done in the 2010 card
issuer survey (12 CFR 235.8(b)).
In general, the debit card issuer
survey (FR 3064a) would collect
information on card programs that use
two types of authentication
mechanisms: Dual-message transactions
(those generally requiring a signature)
and single-message transactions (those
generally requiring the input of a
personal identification number (PIN)).
Both programs include general-use
prepaid card transactions.12 The first
reporting period would cover the
calendar year 2011, collected as of
December 31, 2011. If certain costs for
a card program are shared with other
card programs, respondents would be
asked to allocate costs to a particular
card program based on transaction
volume.
The Board specifically requests
comment on the following:
a. The best terms to use in identifying
types of processing (single-message and
dual-message versus PIN and signature)
given that not all dual-message
transactions require a signature and not
all single-message transactions require a
PIN.
b. Whether issuers should report
general-use prepaid card data combined
with other transaction data related to
single- or dual-message systems (and if
so, whether they would be able to do so)
or should report general-use prepaid
card activity separately.
The debit card issuer survey would
comprise four sections:
I. Respondent Information:
Respondents would provide the name of
the debit card issuer covered in the
response and the contact person(s)
name, section of the survey for which
they are responsible, e-mail, and phone
11 See
footnote 3.
the 2010 debit card issuer survey, generaluse prepaid cards were treated separately as their
own program and issuers reported much higher
costs for the authorization, clearance, and
settlement of prepaid card transactions than for
other debit card transactions. However, the
authorization, clearance, and settlement process for
prepaid card transactions is essentially the same as
it is for other debit card transactions. The higher
costs reported under the 2010 survey may have
resulted from the costs of prepaid account
maintenance, costs for loading funds onto the cards,
and costs for other activities that are not considered
to be tied to the authorization, clearance, and
settlement of prepaid card transactions.
12 In
E:\FR\FM\15SEN1.SGM
15SEN1
wreier-aviles on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Notices
number. Respondents also would report
whether general-use prepaid cards are
issued.
II. All Debit Card Transactions
(including general-use prepaid card
transactions): Respondents would
report summary information for debit
card (including general-use prepaid
card) transaction volume and value;
chargebacks to acquirers; costs of
authorization, clearance, and settlement;
payments and incentives paid by
networks to issuers; costs for fraud
prevention and data security;
interchange fee revenue; fraudulent
transactions; and fraud losses.
The Board specifically requests
comment on the following:
a. Whether the guidance provided in
the proposed survey is sufficient for
issuers to report authorization, clearing,
and settlement costs;
b. The usefulness of including a
checklist of fraud prevention activities
and, if so, which fraud prevention
activities should be included in the
checklist for the 2012 survey. If a
checklist is provided in the survey, are
the activities proposed in the draft
survey (transaction monitoring,
merchant blocking, data security, and
PIN customization) the right categories
or are other categories more meaningful?
If a checklist is provided in the survey,
the listed activities could be updated
over time based on ‘‘other’’ activities
reported.
c. The issuers’ ability to allocate
payments and incentives as specified
and whether other major categories of
payments and incentives should be
included.
d. The issuers’ ability to report the
subset of customer service costs
associated with customer inquiries
regarding particular debit card
transactions (as opposed to customer
inquiries regarding the account, the
debit card more generally, or credit
cards/ATM cards).
III. All Single-Message (PIN) Debit
Card Transactions (including generaluse prepaid card transactions):
Respondents would submit data for the
same set of questions asked in Section
II above, but specifically about singlemessage debit card programs, including
general-use prepaid cards.
IV. All Dual-Message (Signature)
Debit Card Transactions (including
general-use prepaid card transactions):
Respondents would submit data for the
same set of questions asked in Section
II above, but specifically about dualmessage debit card programs, including
general-use prepaid cards.
The payment card network survey (FR
3064b) would require payment card
networks to submit information about
VerDate Mar<15>2010
15:07 Sep 14, 2011
Jkt 223001
debit card (including general-use
prepaid card) transaction volume and
value; interchange fees; other network
fees; and incentives and discounts paid
to acquirers, merchants, and issuers.13
The first reporting period would cover
the calendar year 2011, collected as of
December 31, 2011.
The network survey would comprise
two sections: 14
I. Respondent Information:
Respondents would identify the
network covered in the response and
provide the contact person(s) name,
section of the survey for which they are
responsible, e-mail, and phone number.
Respondents also would report whether
the payment card network is a singlemessage (PIN) or dual-message
(signature) network, whether the
payment card network offers a tiered
interchange fee rate schedule that
differentiates between exempt issuers
and non-exempt issuers, and the
number of merchant locations that
accept debit cards whose transactions
can be processed by the payment card
network.
II. Debit Card Transactions (including
general-use prepaid card transactions):
Respondents would report the volume
and value of settled purchase
transactions; as well as information
related to card-present versus card-notpresent transactions; general-use
prepaid card versus non-general-use
prepaid card transactions; general-use
prepaid card transactions exempt from
the interchange fee standards in
Regulation II versus general-use prepaid
card transactions that are not exempt;
transactions processed for small issuers
that are exempt from the interchange fee
standards versus those processed for
non-exempt issuers; pre- and posteffective date transactions processed for
exempt and non-exempt debit card
issuers; chargebacks and returns to
merchants; the value of interchange
fees; the value of network fees; and
payments and incentives paid by
networks to acquirers, merchants, and
issuers.
The Board specifically requests
comment on the following:
a. The payment card networks’ ability
to identify separately general-use
prepaid card transactions from other
debit card transactions.
b. Whether the networks can provide
data for exempt and non-exempt issuers
that compares information for three time
periods: January 1 to June 30, 2011
(during which all transactions would be
13 See
12 CFR 235.8.
that have both single-message and
dual-message networks will be asked to report data
for each program separately.
14 Entities
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
57041
considered exempt); July 1 to September
30, 2011 (during which all transactions
could be considered exempt, but some
networks may begin to distinguish
between exempt and non-exempt
issuers, if such networks are offering a
tiered interchange fee schedule); and
October 1, 2011 to December 31, 2011
(during which all networks that provide
a tiered interchange fee schedule would
distinguish between exempt and nonexempt issuers).
The Board would make the payment
card network survey available online by
mid-January 2012 and would request
that the survey be completed and
submitted to the Board within 30
calendar days. The debit card issuer
survey would be made available by midFebruary 2012 and would request that
the survey be completed and submitted
to the Board within 60 calendar days.15
By order of the Board of Governors of the
Federal Reserve System, September 12, 2011.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2011–23614 Filed 9–14–11; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL TRADE COMMISSION
[File No. 102 3205]
Kobe Brown and Gregory W. Pearson,
dba DERMAPPS; Analysis of Proposed
Consent Order To Aid Public Comment
Federal Trade Commission.
Proposed Consent Agreement.
AGENCY:
ACTION:
The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair or
deceptive acts or practices or unfair
methods of competition. The attached
Analysis to Aid Public Comment
describes both the allegations in the
draft complaint and the terms of the
consent order—embodied in the consent
agreement—that would settle these
allegations.
SUMMARY:
Comments must be received on
or before October 10, 2011.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘DERMAPPS, File No. 102
3205’’ on your comment, and file your
comment online at https://
ftcpublic.commentworks.com/ftc/
DATES:
15 In subsequent years, the Board anticipates that
both the debit card issuer and payment card
network surveys would be made available by midJanuary.
E:\FR\FM\15SEN1.SGM
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Agencies
[Federal Register Volume 76, Number 179 (Thursday, September 15, 2011)]
[Notices]
[Pages 57037-57041]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23614]
=======================================================================
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FEDERAL RESERVE SYSTEM
Proposed Agency Information Collection Activities; Comment
Request
AGENCY: Board of Governors of the Federal Reserve System.
SUMMARY: Under authority delegated to the Board of Governors of the
Federal Reserve System (Board) by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA), the Board is requesting
comment on four surveys related to its obligations under section 920(a)
of the Electronic Fund Transfer Act (EFTA). Two surveys request
information about the prevalence of the use of general-use prepaid
cards in federal, state, and local government-administered payment
programs and the interchange and cardholder fees charged with respect
to this use. The Board is proposing to conduct these surveys to collect
information necessary to meet its obligation under EFTA section
920(a)(7)(D) to submit an annual report to the Congress on such
programs and fees. One of these surveys will require information from
issuers of government-administered, general-use prepaid cards, in
accordance with the Board's information collection authority in section
920(a)(3)(B) of the EFTA. The other survey, which is voluntary, will be
directed to state governments that administer general-use prepaid
cards.
The Board is also requesting comment on two mandatory surveys, one
for debit card issuers and one for payment card networks, that will
collect information on costs, debit card usage, and interchange fees.
These surveys will enable the Board to meet its obligation under EFTA
section 920(a)(3) to disclose aggregate or summary information
concerning the costs incurred and interchange fees charged or received
by issuers or payment card networks in connection with the
authorization, clearance or settlement of electronic debit
transactions.
DATES: Comments must be submitted on or before November 14, 2011.
ADDRESSES: You may submit comments, identified by FR 3063a or b
(government-administered, general-use prepaid cards), FR 3064a (debit
card issuers), or FR 3064b (payment card networks), 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.
Additionally, commenters should send a copy of their comments to
the OMB Desk Officer, Shagufta Ahmed, by mail to Office of Information
and Regulatory Affairs, Office of Management and Budget, New Executive
Office Building, Room 10235, 725 17th Street, NW., Washington, DC 20503
or by fax to 202-395-6974.
All public comments are available on the Board's Web site at https://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as submitted,
unless modified for technical reasons. Accordingly, 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: Jennifer Williams, Senior Financial
Services Analyst (202-452-2446), Division of Reserve Bank Operations
and Payment Systems, Board of Governors of the Federal Reserve System,
Washington, DC 20551, for FR 3063a or b (government-administered,
general-use prepaid cards).
Edith Collis, Senior Financial Services Analyst (202-452-3638),
Division of Reserve Bank Operations and Payment Systems, Board of
Governors of the Federal Reserve System, Washington, DC 20551, for FR
3064a (debit card issuers).
Linda Healey, Senior Financial Services Analyst (202-452-5274),
Division of Reserve Bank Operations and Payment Systems, Board of
[[Page 57038]]
Governors of the Federal Reserve System, Washington, DC 20551, for FR
3064b (payment card networks).
A copy of the PRA OMB submission, including the proposed surveys,
supporting statement, and other documentation will be placed into OMB's
public docket files, once approved. These documents will also be made
available on the Board's public Web site at: https://www.federalreserve.gov/boarddocs/reportforms/review.cfm or may be
requested from the agency clearance officer, whose name appears below.
Cynthia Ayouch, Federal Reserve Board Clearance Officer (202-452-
3829), Division of Research and Statistics, Board of Governors of the
Federal Reserve System, Washington, DC 20551. Telecommunications Device
for the Deaf (TDD) users may contact (202-263-4869), Board of Governors
of the Federal Reserve System, Washington, DC 20551.
SUPPLEMENTARY INFORMATION:
Background
On June 15, 1984, the OMB delegated to the Board its approval
authority under the PRA, pursuant to 5 CFR 1320.16, to approve of and
assign OMB control numbers to collection of information requests and
requirements conducted or sponsored by the Board under conditions set
forth in 5 CFR Part 1320 Appendix A.1. Board-approved collections of
information are incorporated into the official OMB inventory of
currently approved collections of information. Copies of the PRA
submission, supporting statements and approved collection of
information instruments are placed into OMB's public docket files. The
Board may not conduct or sponsor, and a respondent is not required to
respond to, an information collection that has been extended, revised,
or implemented on or after October 1, 1995, unless it displays a
currently valid OMB control number.
Request for Comment on Information Collection Proposals
The following information collections, which are being handled
under OMB delegated authority, have received initial Board approval and
are hereby published for comment. After the comment deadline, the
proposed information collections, along with an analysis of comments
and recommendations received, will be submitted to the Board for final
approval under this delegated authority. The Board requests comment on
all aspects of the proposed surveys, as discussed further below,
including the following:
a. Whether the proposed collection of information is necessary for
the proper performance of the Board's functions, including whether the
information has practical utility;
b. The accuracy of the Board's estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
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.
Proposal To Approve Under OMB Delegated Authority the Implementation of
the Following Information Collections
1. Report title: Government-administered, General-use Prepaid Card
Surveys.\1\
---------------------------------------------------------------------------
\1\ The proposed issuer and state government surveys, supporting
statement, and other documentation are available on the Board's
public Web site at: https://www.federalreserve.gov/boarddocs/reportforms/review.cfm.
---------------------------------------------------------------------------
Agency form number: FR 3063a and FR 3063b.
OMB control number: 7100- to be assigned.
Frequency: Annual.
Reporters: Issuers of government-administered, general-use prepaid
cards (FR 3063a) and state governments that administer general-use
prepaid cards (FR 3063b).
Estimated annual reporting hours: FR 3063a: 1,000 hours; FR 3063b:
900 hours.
Estimated average hours per response: FR 3063a: 50 hours; FR 3063b:
15 hours.
Number of respondents: FR 3063a: 20; FR 3063b: 60.
General description of report: These information collections are
authorized by section 920(a) of the EFTA, which was added by section
1075(a) of the Dodd-Frank Wall Street Reform and Consumer Protection
Act (Dodd-Frank Act). 15 U.S.C. 1693o-2. EFTA Section 920(a) requires
the Board to submit an annual report to the Congress on the prevalence
of the use of general-use prepaid cards in federal, state, or local
government-administered payment programs and the interchange
transaction fees and card-holder fees charged with respect to the use
of such general-use prepaid cards. 15 U.S.C. 1693o-2(a)(7)(D). EFTA
Section 920(a) also provides the Board with authority to require
issuers to provide information to enable the Board to carry out the
provisions of EFTA Section 920(a). 15 U.S.C. 1693o-2(a)(3)(B).
The obligation of issuers to respond to the issuer survey (FR
3063a) is mandatory. Some of the data collected by FR 3063a may be kept
confidential under exemption (b)(4) of the Freedom of Information Act
(FOIA), which exempts from disclosure ``trade secrets and commercial or
financial information obtained from a person and privileged or
confidential.'' 5 U.S.C. 552(b)(4). Information collected under FR
3063a can be kept confidential under exemption (b)(4) if the release of
data would cause substantial harm to the competitive position of the
issuer.
The obligation of state governments to respond to the government
survey (FR 3063b) is voluntary. The Board anticipates that all of the
information collected by FR 3063b would be publicly available
information and would not be given confidential treatment.
The Board specifically requests comment on the following:
a. What information collected by the issuer survey (FR 3063a) would
consist of trade secrets or commercial or financial information;
b. Whether information collected by the government survey (FR
3063b) is publicly available information; and
c. Whether there are issuers of government-administered, general-
use prepaid cards that are not depository institutions, and, if so,
should the depository institution holding the insured deposits
underlying the cards be required to report on behalf of those issuers.
Abstract: Section 920 of the EFTA provides that the Board shall
provide annually a report to the Congress regarding the prevalence of
the use of general-use prepaid cards in federal, state, and local
government-administered payment programs, and the interchange and
cardholder fees charged with respect to this use. Section 920(a) also
provides the Board with authority to require card issuers to respond to
information requests as may be necessary to carry out the provisions of
the section.
On March 24, 2011, the Board distributed two surveys to industry
participants (a depository institution survey and a state government
survey) designed to assist the Board in meeting the reporting
requirements in section 920(a) related to the prevalence of the use of
general-use prepaid cards in federal, state, or local government-
administered payment programs and
[[Page 57039]]
associated fees.\2\ In response to comments and survey submissions from
issuers and governments, the Board developed the FR 3063a and 3063b
surveys, as described below, which would replace the surveys
distributed in March 2011.
---------------------------------------------------------------------------
\2\ The 2011 depository institution and state government surveys
were conducted via the Ad Hoc Payment System Surveys (FR 3054a; OMB
No. 7100-0332).
---------------------------------------------------------------------------
Current Actions: The Board proposes to implement the issuer survey
(FR 3063a) and the government survey (FR 3063b). Responding to the
issuer survey (FR 3063a) would be required for approximately 20
depository institutions that issue general-use prepaid cards for
federal, state, or local government-administered payment programs. The
survey would request information on cards associated with accounts
domiciled in the United States, District of Columbia, and U.S.
territories.\3\
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\3\ U.S. territories include American Samoa, Federal States of
Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto
Rico, Republic of Palau, Republic of the Marshall Islands, and U.S.
Virgin Islands.
---------------------------------------------------------------------------
In general, the issuer survey (FR 3063a) would collect information
separately for each government-administered program for which the
depository institution is the issuer of general-use prepaid cards as
well as in the aggregate for all programs. The issuer survey would
collect information on card programs using two types of authentication
mechanisms: dual-message transactions (those generally requiring a
signature) and single-message transactions (those generally requiring
the input of a personal identification number (PIN)).\4\ The first
reporting period would cover the calendar year 2011, collected as of
December 31, 2011.
---------------------------------------------------------------------------
\4\ In dual-message transactions, authorization information is
carried in one message and clearing information is carried in a
separate message. In single-message transactions, authorization and
clearing information is carried in one message. General-use prepaid
cards may use either method (although dual-message transactions are
more common) and may be reloadable or non-reloadable.
---------------------------------------------------------------------------
The Board specifically requests comment on the following:
a. The best terms to use in identifying types of authentication
mechanisms (single-message and dual-message versus PIN and signature)
given that not all dual-message transactions require a signature and
not all single-message transactions require a PIN.
The issuer survey would comprise 10 sections:
I. Respondent Information: Respondents would provide the name of
the card issuer covered in the response; and the contact person(s)
name, survey section for which they are responsible, e-mail, and phone
number.
II. Card program information: Respondents would report summary
information on card programs covered in the response, whether the
response covers federal, state, or local programs, jurisdiction,\5\
sponsoring government agency(ies), a description of payment type,
recipients receiving payments on prepaid cards, and recipients
receiving payments by all payment methods.
---------------------------------------------------------------------------
\5\ Jurisdiction refers to the geographic area in which the
general-use prepaid card program is administered.
---------------------------------------------------------------------------
The Board specifically requests comment on the following:
a. The ability of issuers to provide the total number of recipients
receiving payments, regardless of payment method.
III. Government-Administered Prepaid Cards: Respondents would
report summary information on the number of cards outstanding, and the
allocation of cards outstanding between cards that can be used on both
dual-message (signature) and single-message (PIN) networks.
IV. Funding: Respondents would report the value of funds loaded
into prepaid card accounts, funds outstanding on prepaid card accounts,
and all funds disbursed by all payment methods.
The Board specifically requests comment on the following:
a. The ability of issuers to provide the total value of all funds
disbursed, regardless of payment method.
b. Whether any funding patterns during the month may change
significantly an issuer's response depending on the as-of date
requested. Note--The draft survey requests outstanding funds at the end
of the month.
V. ATM Transactions: Respondents would report summary information
on the number of cards outstanding at year-end that can be used to make
ATM cash withdrawals, the volume and value of ATM cash withdrawals, and
the ATM fees charged for withdrawals by ATM operators at nonproprietary
ATMs.
VI. Purchase Transactions: Respondents would report summary
information on the volume and value of settled purchase transactions
and the volume and value of settled purchase transactions for dual-
message (signature) transactions and single-message (PIN) transactions.
VII. Interchange Fees: Respondents would report interchange fee
revenues received on settled purchase transactions and the allocation
of the interchange fee revenues received on settled purchase
transactions \6\ for dual-message (signature) transactions and single-
message (PIN) transactions.
---------------------------------------------------------------------------
\6\ A settled purchase transaction refers to a debit card
transaction that has been settled, excluding transactions that are
pre-authorizations, denials, adjustments, or returns.
---------------------------------------------------------------------------
VIII. Fees Paid by Issuers: Respondents would report the fees paid
on nonproprietary ATM cash withdrawals and the fees paid on over-the-
counter cash withdrawals at other banks' teller stations.
The Board specifically requests comment on the following:
a. Whether fees paid for over-the-counter at-bank (teller) cash
withdrawals should be included in the survey.
IX. Revenues From Cardholder Fees: Respondents would provide total
revenues received on all fees charged to cardholders and the allocation
of all fees charged to cardholders between routine purchase transaction
fees, monthly fees, balance inquiry fees, ATM fees, over-the-counter
at-bank (teller) fees, account servicing fees, penalty fees, and all
other fees.
X. Fees Assessed to Cardholders: Respondents would provide summary
information on fees assessed to cardholders by the issuer, including
routine purchase transaction fees, monthly fees, balance inquiry fees,
ATM fees charged to cardholders, over-the-counter at-bank (teller)
fees, account servicing fees, penalty fees, and all other fees.
Responding to the government survey (FR 3063b) would be voluntary
for approximately 60 government entities, including the states, the
District of Columbia, and U.S. territories (collectively ``state
governments''). The survey would collect information about the
prevalence of use of general-use prepaid cards in federal, state, and
local government-administered payment programs.\7\ The first reporting
period would cover the calendar year 2011, collected as of December 31,
2011.
---------------------------------------------------------------------------
\7\ See footnote 3.
---------------------------------------------------------------------------
The government survey would comprise four sections:
I. Respondent Information: Respondents would identify the
government agency (including federal, state or other jurisdiction) for
which they are responding; and provide the contact person(s) name,
survey section for which they are responsible, e-mail, and phone
number.
II. Program information: Respondents would report summary
information on card programs covered in the response, whether the
response covers a federal, state, or local program, sponsoring
[[Page 57040]]
government agency(ies), card-issuer(s), a description of payment type,
the number of recipients receiving payments on prepaid cards, and the
number of recipients receiving payments by all payment methods.
III. Cards: Respondents would report the number of cards
outstanding.
IV. Funding: Respondents would report the value of funds loaded
into prepaid card accounts and the value of all funds paid by all
payment methods.
The issuer survey (FR 3063a) and the government survey (FR 3063b)
would be made available online by mid-February 2012 and would request
that the surveys be completed and returned to the Board within 30
calendar days.
The Board specifically requests comment on the following:
a. Whether 30 calendar days allows sufficient time for respondents
to complete the proposed surveys.
2. Report title: Interchange Transaction Fees Surveys.\8\
---------------------------------------------------------------------------
\8\ The proposed debit card issuer and payment card network
surveys, supporting statement, and other documentation are available
on the Board's public Web site at: https://www.federalreserve.gov/boarddocs/reportforms/review.cfm.
---------------------------------------------------------------------------
Agency form number: FR 3064a and FR 3064b.
OMB control number: 7100--to be assigned.
Frequency: FR 3064a--Biennial; FR 3064b--Annual.
Reporters: Issuers of debit cards (FR 3064a) and payment card
networks (FR 3064b).
Estimated annual reporting hours: FR 3064a: 46,400 hours; FR 3064b:
425 hours.
Estimated average hours per response: FR 3064a: 80 hours; FR 3064b:
25 hours.
Number of respondents: FR 3064a: 580; FR 3064b: 17.
General description of report: These information collections are
authorized by section 920(a) of the EFTA, which was added by section
1075(a) of the Dodd-Frank Act. 15 U.S.C. 1693o-2. This section requires
the Board to (on a biennial basis) disclose aggregate or summary
information concerning the costs incurred and interchange transactions
fees charged or received, by issuers or payment card networks in
connection with the authorization, clearance, or settlement of
electronic debit transaction as the Board considers appropriate and in
the public interest. 15 U.S.C. 1693o-2(a)(3)(B). It also provides the
Board with authority to require issuers (or agents of issuers) and
payment card networks to provide information to enable the Board to
carry out the provisions of the section.
The obligation to respond to these surveys is mandatory. In
accordance with the statutory requirement, the Board will release
aggregate or summary information from the survey responses. Some of the
data collected by the surveys may be kept confidential under exemption
(b)(4) of FOIA, which exempts from disclosure ``trade secrets and
commercial or financial information obtained from a person and
privileged or confidential.'' 5 U.S.C. 552(b)(4). Information collected
under the surveys can be kept confidential under exemption (b)(4) if
the release of data would cause substantial harm to the competitive
position of the respondent.
Abstract: Section 920(a)(3) of the EFTA provides that the Board
shall at least on a biennial basis disclose aggregate or summary
information concerning the costs incurred, and interchange transaction
fees charged or received, by issuers or payment card networks in
connection with debit card transactions. 15 U.S.C. 1693o-2(a)(3)(B).
When the Board adopted Regulation II setting debit card interchange fee
standards, the Board's rulemaking stated that information would be
gathered from payment card networks annually regarding interchange fees
that are received by covered and exempt issuers.\9\
---------------------------------------------------------------------------
\9\ Regulation II--Debit Card Interchange Fees and Routing (76
FR 43394 (July 20, 2011)).
---------------------------------------------------------------------------
On September 13, 2010, the Board distributed three surveys to
industry participants (a card issuer survey, a payment card network
survey, and a merchant acquirer/processor survey) designed to gather
information to assist the Board in developing Regulation II. Industry
participants, including payment card networks, trade groups, and
individual firms from both the banking industry and merchant community,
commented on preliminary versions of the 2010 issuer and network
surveys, through both written submissions and a series of drop-in
calls. In response to the comments, the two surveys were modified, as
appropriate.\10\ The implementation of the FR 3064a and 3064b, as
described below, would replace the 2010 surveys.
---------------------------------------------------------------------------
\10\ The 2010 issuer and network surveys were conducted under
the emergency clearance provision of the OMB's regulation,
Interchange Transaction Fees Survey (FR 3062; OMB No. 7100-0329).
---------------------------------------------------------------------------
Current Actions: The Board proposes to implement the debit card
issuer survey (FR 3064a) and the payment card network survey (FR
3064b). The debit card issuer survey would be required for each debit
card issuer that, together with its affiliates, has assets of $10
billion or more. The survey would request information on accounts and
cards associated with accounts domiciled in the United States, the
District of Columbia, and U.S. territories.\11\
---------------------------------------------------------------------------
\11\ See footnote 3.
---------------------------------------------------------------------------
The Board specifically requests comment on the following:
a. The feasibility of requiring each chartered entity that issues
debit cards to complete a separate survey rather than requiring a
holding company to complete one survey for all its chartered entities,
as was done in the 2010 card issuer survey (12 CFR 235.8(b)).
In general, the debit card issuer survey (FR 3064a) would collect
information on card programs that use two types of authentication
mechanisms: Dual-message transactions (those generally requiring a
signature) and single-message transactions (those generally requiring
the input of a personal identification number (PIN)). Both programs
include general-use prepaid card transactions.\12\ The first reporting
period would cover the calendar year 2011, collected as of December 31,
2011. If certain costs for a card program are shared with other card
programs, respondents would be asked to allocate costs to a particular
card program based on transaction volume.
---------------------------------------------------------------------------
\12\ In the 2010 debit card issuer survey, general-use prepaid
cards were treated separately as their own program and issuers
reported much higher costs for the authorization, clearance, and
settlement of prepaid card transactions than for other debit card
transactions. However, the authorization, clearance, and settlement
process for prepaid card transactions is essentially the same as it
is for other debit card transactions. The higher costs reported
under the 2010 survey may have resulted from the costs of prepaid
account maintenance, costs for loading funds onto the cards, and
costs for other activities that are not considered to be tied to the
authorization, clearance, and settlement of prepaid card
transactions.
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The Board specifically requests comment on the following:
a. The best terms to use in identifying types of processing
(single-message and dual-message versus PIN and signature) given that
not all dual-message transactions require a signature and not all
single-message transactions require a PIN.
b. Whether issuers should report general-use prepaid card data
combined with other transaction data related to single- or dual-message
systems (and if so, whether they would be able to do so) or should
report general-use prepaid card activity separately.
The debit card issuer survey would comprise four sections:
I. Respondent Information: Respondents would provide the name of
the debit card issuer covered in the response and the contact person(s)
name, section of the survey for which they are responsible, e-mail, and
phone
[[Page 57041]]
number. Respondents also would report whether general-use prepaid cards
are issued.
II. All Debit Card Transactions (including general-use prepaid card
transactions): Respondents would report summary information for debit
card (including general-use prepaid card) transaction volume and value;
chargebacks to acquirers; costs of authorization, clearance, and
settlement; payments and incentives paid by networks to issuers; costs
for fraud prevention and data security; interchange fee revenue;
fraudulent transactions; and fraud losses.
The Board specifically requests comment on the following:
a. Whether the guidance provided in the proposed survey is
sufficient for issuers to report authorization, clearing, and
settlement costs;
b. The usefulness of including a checklist of fraud prevention
activities and, if so, which fraud prevention activities should be
included in the checklist for the 2012 survey. If a checklist is
provided in the survey, are the activities proposed in the draft survey
(transaction monitoring, merchant blocking, data security, and PIN
customization) the right categories or are other categories more
meaningful? If a checklist is provided in the survey, the listed
activities could be updated over time based on ``other'' activities
reported.
c. The issuers' ability to allocate payments and incentives as
specified and whether other major categories of payments and incentives
should be included.
d. The issuers' ability to report the subset of customer service
costs associated with customer inquiries regarding particular debit
card transactions (as opposed to customer inquiries regarding the
account, the debit card more generally, or credit cards/ATM cards).
III. All Single-Message (PIN) Debit Card Transactions (including
general-use prepaid card transactions): Respondents would submit data
for the same set of questions asked in Section II above, but
specifically about single-message debit card programs, including
general-use prepaid cards.
IV. All Dual-Message (Signature) Debit Card Transactions (including
general-use prepaid card transactions): Respondents would submit data
for the same set of questions asked in Section II above, but
specifically about dual-message debit card programs, including general-
use prepaid cards.
The payment card network survey (FR 3064b) would require payment
card networks to submit information about debit card (including
general-use prepaid card) transaction volume and value; interchange
fees; other network fees; and incentives and discounts paid to
acquirers, merchants, and issuers.\13\ The first reporting period would
cover the calendar year 2011, collected as of December 31, 2011.
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\13\ See 12 CFR 235.8.
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The network survey would comprise two sections: \14\
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\14\ Entities that have both single-message and dual-message
networks will be asked to report data for each program separately.
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I. Respondent Information: Respondents would identify the network
covered in the response and provide the contact person(s) name, section
of the survey for which they are responsible, e-mail, and phone number.
Respondents also would report whether the payment card network is a
single-message (PIN) or dual-message (signature) network, whether the
payment card network offers a tiered interchange fee rate schedule that
differentiates between exempt issuers and non-exempt issuers, and the
number of merchant locations that accept debit cards whose transactions
can be processed by the payment card network.
II. Debit Card Transactions (including general-use prepaid card
transactions): Respondents would report the volume and value of settled
purchase transactions; as well as information related to card-present
versus card-not-present transactions; general-use prepaid card versus
non-general-use prepaid card transactions; general-use prepaid card
transactions exempt from the interchange fee standards in Regulation II
versus general-use prepaid card transactions that are not exempt;
transactions processed for small issuers that are exempt from the
interchange fee standards versus those processed for non-exempt
issuers; pre- and post-effective date transactions processed for exempt
and non-exempt debit card issuers; chargebacks and returns to
merchants; the value of interchange fees; the value of network fees;
and payments and incentives paid by networks to acquirers, merchants,
and issuers.
The Board specifically requests comment on the following:
a. The payment card networks' ability to identify separately
general-use prepaid card transactions from other debit card
transactions.
b. Whether the networks can provide data for exempt and non-exempt
issuers that compares information for three time periods: January 1 to
June 30, 2011 (during which all transactions would be considered
exempt); July 1 to September 30, 2011 (during which all transactions
could be considered exempt, but some networks may begin to distinguish
between exempt and non-exempt issuers, if such networks are offering a
tiered interchange fee schedule); and October 1, 2011 to December 31,
2011 (during which all networks that provide a tiered interchange fee
schedule would distinguish between exempt and non-exempt issuers).
The Board would make the payment card network survey available
online by mid-January 2012 and would request that the survey be
completed and submitted to the Board within 30 calendar days. The debit
card issuer survey would be made available by mid-February 2012 and
would request that the survey be completed and submitted to the Board
within 60 calendar days.\15\
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\15\ In subsequent years, the Board anticipates that both the
debit card issuer and payment card network surveys would be made
available by mid-January.
By order of the Board of Governors of the Federal Reserve
System, September 12, 2011.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2011-23614 Filed 9-14-11; 8:45 am]
BILLING CODE 6210-01-P