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Federal Register Citations

Agency Information Collection Activities: Revision of an Information Collection; Comment Request. Account Based Disclosures in Connection with Federal Reserve Regulations E, CC and DD.

    [Federal Register: March 29, 2005 (Volume 70, Number 59)] 
   [Notices]  
   [Page 15857-15858] 
   From the Federal Register Online via GPO Access [wais.access.gpo.gov] 
   [DOCID:fr29mr05-63]
     ======================================================================= 
   -----------------------------------------------------------------------  
    FEDERAL DEPOSIT INSURANCE CORPORATON  
     
   Agency Information Collection Activities: Revision of an  
   Information Collection; Comment Request  
    AGENCY: Federal Deposit Insurance Corporation (FDIC).  
    ACTION: Notice and request for comment.  
    -----------------------------------------------------------------------
    
    SUMMARY: The FDIC, as part of its continuing effort to reduce paperwork
    
   and respondent burden, invites the general public and other Federal  
   agencies to comment on the proposed revision of an information  
   collection, as required by the Paperwork Reduction Act (PRA, 44 U.S.C.  
   chapter 35). Currently, the FDIC is soliciting comments concerning an  
   information collection titled ``Account Based Disclosures in Connection  
   with Federal Reserve Regulations E, CC and DD.''  
    DATES: Comments must be submitted on or before March 31, 2005.  
    ADDRESSES: Interested parties are invited to submit written comments to
    
   Thomas Nixon, Legal Division, Federal Deposit Insurance Corporation,  
   550 17th Street, NW., Washington, DC 20429. All comments should refer  
   to ``Account Based Disclosures in Connection with Federal Reserve  
   Regulations E, CC, and DD.'' Comments may be hand-delivered to the  
   guard station at the rear of the 17th Street Building (located on F  
   Street), on business days between 7 a.m. and 5 p.m. Comments may also  
   be submitted to the OMB desk officer for the FDIC: Mark Menchik, Office  
   of Information and Regulatory Affairs, Office of Management and Budget,  
   New Executive Office Building, Washington, DC 20503.  
    FOR FURTHER INFORMATION CONTACT: Thomas Nixon, (202) 898-8766, or at  
   the address above.  
    SUPPLEMENTARY INFORMATION: Proposal to revise the following currently  
   approved collection of information: 
   Title: Account Based Disclosures in Connection with Federal Reserve  
   Regulations E, CC, and DD. 
   OMB Number: 3064-0084. 
   Affected Public: State chartered banks that are not members of the  
   Federal Reserve System. 
   Information about the Collection and Proposed Changes to it: This  
   FDIC information collection provides for the application of Regulations  
   E (Electronic Fund Transfers), CC (Availability of Funds), and DD  
   (Truth in Savings) to state nonmember banks. Regulations E, CC, and DD  
   are issued by the Federal Reserve Board of Governors (FRB) to ensure,  
   among other things, that consumers are provided adequate disclosures  
   regarding accounts, including electronic fund transfer services,  
   availability of funds, and fees and annual percentage yield for deposit  
   accounts. The FDIC is providing this notice in order to keep its Office  
   of Management and Budget (OMB) approved information collection  
   consistent with changes the FRB proposed to Regulation E, 12 CFR part  
   205, (69 FR 55996, Sept. 17, 2004). Currently, Regulation E requires  
   respondents to provide disclosures of basic terms, costs, and rights  
   relating to electronic fund transfer services.  
    [[Page 15858]]  
    If the proposed changes to Regulation E are made final, state  
   nonmember banks will need to modify their Regulation E disclosures to  
   provide initial disclosures that electronic check conversion  
   transactions are a new type of transfer that can be made from a  
   consumer's account. The FDIC estimates that it will require  
   institutions, on average, one business day to reprogram and update  
   systems to include the new notice concerning electronic check  
   conversion disclosure to their ongoing Regulation E disclosure  
   requirements. The one-time burden would be 42,400 hours (8 hours x  
   5,300 respondents). 
   If the proposed changes to Regulation E are made final,  
   institutions involved in offering payroll card accounts will be  
   required to ensure compliance with Regulation E and provide disclosure  
   of basic terms, costs, and rights relating to electronic fund transfer  
   services in connection with the payroll card account. Certain  
   information must be disclosed to consumers, including: initial and  
   updated electronic fund transfer terms, transaction information,  
   periodic statements of activity, the consumer's potential liability for  
   unauthorized transfers, and error resolution rights and procedures. The  
   disclosures are standardized and machine-generated and do not  
   substantively change from one individual account to another; thus, the  
   average time for providing the disclosure to all consumers should be  
   minimal. 
   The FDIC estimates that five state nonmember banks participate in  
   payroll card account programs and that each institution will make  
   approximately 5,000 disclosures which will require an average of 1.5  
   minutes per disclosure to prepare and distribute, resulting in 625  
   hours of annual burden. The FDIC estimates that the five institutions  
   will take, on average, 7 hours to prepare and distribute 12 periodic  
   statements for an annual burden of 420 hours. The FDIC estimates that  
   the five respondents will take, on average, 30 minutes for eight error  
   resolution procedures for a total of 20 hours. The payroll card account  
   disclosures would add 1,065 hours of ongoing burden to the current  
   annual Regulation E burden of 28,930 hours. 
   At this time, the FDIC does not believe that any state nonmember  
   banks are engaged in electronic check conversion transactions as a  
   merchant or payee. The FDIC is not proposing to make any changes to the  
   Regulation CC or DD parts of the OMB approved information collection.  
   The FDIC's burden estimate is based on the FRB's proposed rule; we will  
   adjust it as necessary to make it consistent with the FRB's final rule.  
    Request for Comment  
    Comments are invited on: (a) Whether the collection of information  
   is necessary for the proper performance of the FDIC's functions,  
   including whether the information has practical utility; (b) the  
   accuracy of the estimates of the burden of the 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 the information  
   collection on respondents, including through the use of automated  
   collection techniques or other forms of information technology. 
   At the end of the comment period, the comments and recommendations  
   received will be analyzed to determine the extent to which the  
   collection should be modified prior to submission to OMB for review and  
   approval. Comments submitted in response to this notice also will be  
   summarized or included in the FDIC's request to OMB for renewal of this  
   collection. All comments will become a matter of public record.  
    Dated in Washington, DC, this 22nd day of March, 2005.  
    Federal Deposit Insurance Corporation. 
   Robert E. Feldman, 
   Executive Secretary. 
   [FR Doc. 05-6121 Filed 3-28-05; 8:45 am]  
    BILLING CODE 6714-01-P 

Last Updated: March 29, 2005