[Federal Register Volume 70, Number 89 (Tuesday, May 10, 2005)]
[Notices]
[Pages 24581-24583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9318]


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FEDERAL RESERVE SYSTEM


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Board of Governors of the Federal Reserve System.


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SUMMARY:

Background

    On June 15, 1984, the Office of Management and Budget (OMB) 
delegated to the Board of Governors of the Federal Reserve System 
(Board) its authority under the Paperwork Reduction Act, as per 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 OMB 83-Is and supporting statements and 
approved collection of information instruments are placed into OMB's 
public docket files. The Federal Reserve may not conduct or sponsor, 
and the 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 Proposal

    The following information collection, which is being handled under 
this delegated authority, has received initial Board approval and is 
hereby published for comment. At the end of the comment period, the 
proposed information collection, along with an analysis of comments and 
recommendations received, will be submitted to the Board for final 
approval under OMB delegated authority. Comments are invited on the 
following:
    a. Whether the proposed collection of information is necessary for 
the proper performance of the Federal Reserve's functions; including 
whether the information has practical utility;
    b. The accuracy of the Federal Reserve's estimate of the burden of 
the proposed information collection, including the 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.

DATES: Comments must be submitted on or before July 11, 2005.

ADDRESSES: You may submit comments, identified by FR 3080, by any of 
the following methods:
     Agency Web site: http://www.federalreserve.gov. Follow the 
instructions for submitting comments at http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include docket 
number in the subject line of the message.
     FAX: 202/452-3819 or 202/452-3102.
     Mail: Jennifer J. Johnson, Secretary, Board of Governors 
of the Federal Reserve System, 20th Street and Constitution Avenue, 
NW., Washington, DC 20551.

All public comments are available from the Board's Web site at http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as submitted, 
except as necessary for technical reasons. Accordingly, your comments 
will not be edited to remove any identifying or contact information. 
Public comments may also be viewed electronically or in paper 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: A copy of the proposed form and 
instructions, the Paperwork Reduction Act Submission (OMB 83-I), 
supporting statement, and other documents that will be placed into 
OMB's public docket files once approved may be requested from the 
agency clearance officer, whose name appears below.
    Michelle Long, 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.
    For further information regarding the purpose and content of the 
proposed survey contact Jack Walton, Associate Director (202-452-2660), 
Jeffrey Yeganeh, Manager (202-728-5801), or Susan Foley, Project Leader 
(202-452-3596), Retail Payments Section, Division of Reserve Bank 
Operations and Payment Systems.
    Proposal to conduct under OMB delegated authority the following 
survey:
    Report title: Check 21 Act Survey.
    Agency form number: FR 3080.
    OMB control number: 7100-0279.
    Frequency: Once.
    Reporters: Depository institutions.
    Annual reporting hours: 15,000 hours.
    Estimated average hours per response: 10 hours.
    Number of respondents: 1,500.
    General description of report: This information collection is 
voluntary (12 U.S.C. 5015) and may be accorded confidential treatment 
under the Freedom of Information Act (5 U.S.C. 552 (b)(4)).
    Abstract: Section 16 of the Check 21 Act requires the Federal 
Reserve to study the implementation of the law and its effect on 
various aspects of check processing, including funds availability, and 
to report the results of the study to Congress by April 28, 2007.\1\ 
Specifically, Congress directed the Federal Reserve to study and report 
to Congress on:
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    \1\ The Check 21 Act also directs the Board to include in its 
report to Congress any recommendations for legislative action.
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    (1) The percentage of total checks cleared in which the paper check 
is not returned to the paying bank;
    (2) The extent to which banks make funds available to consumers for 
local and nonlocal checks prior to the expiration of maximum hold 
periods;
    (3) The length of time within which depositary banks learn of the 
nonpayment of local and nonlocal checks;
    (4) The increase or decrease in check-related losses over the study 
period; and
    (5) The appropriateness of the time periods and amount limits 
applicable under sections 603 and 604 of the Expedited Funds 
Availability Act, as in effect on the date of enactment of the Check 21 
Act.
    To fully address the issues raised by Congress, the Federal Reserve 
believes it is necessary to conduct a broad-based survey to ensure the 
accurate characterization of the nation's evolving check processing 
system, and the Federal Reserve is hereby publishing for comment a 
draft survey to gather data from a nationally representative sample of 
depository institutions, including commercial banks, savings 
institutions, and credit unions.
    Further, the availability for withdrawal of funds deposited by 
check is governed by the Federal Reserve's Regulation CC, which 
implements the Expedited Funds Availability Act (EFAA). EFAA and 
Regulation CC set maximum permissible hold periods for checks deposited 
into transaction accounts at depository institutions. EFAA directs the 
Federal Reserve to reduce the statutory funds availability schedules as 
the check clearing system improves, while also ensuring that the 
reduced schedules provide depositary banks a reasonable opportunity to 
learn

[[Page 24583]]

of the nonpayment of most checks in each category (such as ``nonlocal'' 
checks and ``local'' checks). The results of the proposed survey would 
be used to determine whether reducing the hold periods in Regulation CC 
is warranted.
    The proposed survey would consist of five sections. Section I would 
collect general information on the depository institution, such as 
name, address, and contact person.
    Section II consists of seven questions on respondents' losses and 
recoveries related to check fraud. In its role as bank of first deposit 
and as paying bank, an institution would be asked to provide the value 
and number of check losses incurred in 2005, as well as the value and 
number of cases associated with recoveries received in 2005 from check 
losses. As bank of first deposit, institutions would be asked to 
provide information on their losses by category, such as the origin of 
the check (e.g., local or non-local), whether the check was dishonored 
versus subject to a warranty claim, and the age of the account. As 
paying bank, institutions would be asked to provide their losses by 
presentment method (original checks, substitute checks, or checks 
presented electronically). Both the dollar value and the number of 
cases would be reported. The respondent also would be asked to compare 
its check losses in 2005 with its check losses in 2004. Section II 
questions are in response to study requirements 4 and 5.
    Section III consists of two questions on the volume of checks, for 
cases where the institution was the paying bank and for cases where the 
institution was the bank of first deposit. The institution would be 
asked to provide the total number and value of checks presented to it 
in a calendar month, categorized by presentment method (original 
checks, substitute checks, or checks presented electronically). The 
institution also would be asked to provide the total number and value 
of checks deposited at the institution as the bank of first deposit 
during the same calendar month, categorized by origin of the check. 
Section III questions are in response to study requirement 1.
    Section IV consists of five questions on the institution's funds 
availability policies and practices for next-day availability, local, 
and nonlocal checks. The institution would be asked to provide its 
number of transaction accounts and the percentage of these accounts 
held by consumers. The institution would also be asked to indicate its 
published funds availability policy, including the percentage of 
consumer transaction accounts for which the policy permits hold 
extensions on a case-by-case basis, and to specify what changes (if 
any) it has made to its policy in the past two years. The institution 
would be asked to indicate its funds availability practices for 
deposits that do not qualify as exception holds under Regulation CC. 
Finally, institutions would be asked for the percentage of check 
deposits subject to Regulation CC exception holds that receive later 
availability than the Regulation CC permitted holds for next-day 
availability, local, and nonlocal checks. Section IV questions are in 
response to study requirement 2.
    Section V consists of three questions addressing the institution's 
experiences with returned checks. The institution would be asked to 
specify the number of business days within which it receives local and 
nonlocal checks that have been returned unpaid by the paying bank. Two 
questions request data on notifications and procedures regarding large-
dollar returned checks. Section V questions are in response to study 
requirement 3.
    The Federal Reserve will accept comments on all aspects of the 
proposed survey. In general, the Federal Reserve requests comment on 
how the survey might be modified to improve its responsiveness to the 
requirements of section 16 of the Check 21 Act, while also enabling 
depository institutions to respond to the survey with reasonable 
burden. More specifically, the Federal Reserve requests comments on the 
following. To what extent are institutions, in their role as banks of 
first deposit, able to categorize check losses by local and non-local 
checks (proposed question 2.2)? To what extent are institutions, in 
their role as paying banks, able to categorize check losses by 
presentment method (proposed question 2.6)? How might questions 4.2 and 
4.4 be restructured to better capture the frequency with which 
institutions make funds available sooner than Regulation CC requires? 
Do the options listed under question 4.3(d) capture the reasons why 
institutions might have changed their funds availability policies in 
the past two years? And, finally, do institutions typically track check 
losses by check or by case (which may involve one or more checks)? The 
proposed survey is available electronically at http://www.federalreserve.gov/boarddocs/reportforms/review.cfm.

    Board of Governors of the Federal Reserve System, May 5, 2005.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 05-9318 Filed 5-9-05; 8:45 am]
BILLING CODE 6210-01-P