Mr. Robert E. Feldman
Executive Secretary
Attention: Comments/Legal ESS
Federal Deposit Insurance Corporation
550 17th Street, NW
Washington, DC 20429

RE: Proposed Revisions to FDIC Part 328 (RIN 3064-AD05)

Dear Mr. Feldman:

Following are the comments of First Niagara Bank regarding the proposed revisions to FDIC Part 328 (“Advertisement of Membership”) that were published in the Federal Register on July 17, 2006:

1. Section 18(a)(1)(A) of the Federal Deposit Insurance Act states that each insured depository institution shall display, at each place of business maintained by that institution, a sign or signs relating to the insurance of the deposits of the institution, in accordance with regulations to be prescribed by the FDIC. Thus, Part 328 could be revised to require the official sign to be displayed, for example, at each customer entrance to an office of an insured institution rather than at each station or window where insured deposits are usually and normally received. If that approach were used, members of the public would be informed prior to entering an insured institution office that deposits in that institution are insured by the FDIC.

2. The final rule should include a provision that sets forth the requirements for using, not using and/or segregating the official FDIC advertising statement in advertisements relating to non-deposit products, hybrid products, and combinations of insured deposit products, non-deposit products and hybrid products.

3. We assume that insured institutions will be permitted to order from the FDIC, without charge, as many official signs as they need in order to comply with the final regulation.

Sincerely,

Robert N. Murphy
First Vice President/Compliance Officer