[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Notices]
[Pages 62101-62102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22242]


-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Agency Information Collection Activities: Announcement of Board 
Approval Under Delegated Authority and Submission to OMB

AGENCY: Board of Governors of the Federal Reserve System.

SUMMARY: The Board of Governors of the Federal Reserve System (Board) 
is adopting a proposal to extend for three years, without revision, the 
Disclosure Requirements and Recordkeeping Requirements Associated with 
Regulation CC (FR CC; OMB No. 7100-0235).

FOR FURTHER INFORMATION CONTACT: Federal Reserve Board Clearance 
Officer--Nuha Elmaghrabi--Office of the Chief Data Officer, Board of 
Governors of the Federal Reserve System, [email protected], (202) 
452-3884.
    Office of Management and Budget (OMB) Desk Officer for the Federal 
Reserve Board, 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.

SUPPLEMENTARY INFORMATION: On June 15, 1984, OMB delegated to the Board 
authority under the Paperwork Reduction Act (PRA) to approve and assign 
OMB control numbers to collections of information conducted or 
sponsored by the Board. Board-approved collections of information are 
incorporated into the official OMB inventory of currently approved 
collections of information. The OMB inventory, as well as copies of the 
PRA Submission, supporting statements, and approved collection of 
information instrument(s) are available at https://www.reginfo.gov/public/do/PRAMain. These documents are also available on the Federal 
Reserve Board's public website at https://www.federalreserve.gov/apps/reportforms/review.aspx or may be requested from the agency clearance 
officer, whose name appears above.

Final Approval Under OMB Delegated Authority of the Extension for Three 
Years, Without Revision, of the Following Information Collection

    Collection title: Disclosure Requirements and Recordkeeping 
Requirements Associated with Regulation CC.
    Collection identifier: FR CC.
    OMB control number: 7100-0235.
    Frequency: Event-generated.
    Respondents: State member banks and uninsured state branches and 
agencies of foreign banks.
    Estimated number of respondents: Bank burden: 686 (except for 
Changes in policy, 100); Consumer burden: 17,150.
    Estimated average hours per response: Specific availability policy 
disclosures and initial disclosures, 0.02; Longer delays on a case-by-
case basis--Notice in specific policy disclosure, 0.05; Notice of 
exceptions, 0.05; Locations where employees accept consumer deposits 
and ATMs, 0.25; Quinquennial inflation adjustments for disclosures 
(annualized), 8; Annual notice of new ATMs, 5; Changes in policy, 20; 
Notification of quinquennial inflation adjustments (annualized), 4; 
Notice of nonpayment on paying bank, 0.02; Notification to customer, 
0.02; Expedited recredit for consumers, 0.25; Expedited recredit for 
banks, 0.25; Consumer awareness, 0.02; Expedited recredit claim notice, 
0.25.
    Estimated annual burden hours: Specific availability policy 
disclosures and initial disclosures, 6,860; Longer delays on a case-by-
case basis--Notice in specific policy disclosure, 24,010; Notice of 
exceptions, 68,600; Locations where employees accept consumer deposits 
and ATMs, 172; Quinquennial inflation adjustments for disclosures 
(annualized), 5,488; Annual notice of new ATMs, 3,430; Changes in 
policy, 4,000; Notification of quinquennial inflation adjustments 
(annualized), 2,744; Notice of nonpayment on paying bank, 480; 
Notification to customer, 5,076; Expedited recredit for consumers, 
6,003; Expedited recredit for banks, 2,573; Consumer awareness, 4,116; 
Expedited recredit claim notice, 4,288.
    General description of collection: Regulation CC--Availability of 
Funds and Collection of Checks (12 CFR 229), which implements the 
Expedited Funds

[[Page 62102]]

Availability Act of 1987 (EFA Act) \1\ and the Check Clearing for the 
21st Century Act of 2003 (Check 21 Act),\2\ requires banks \3\ to make 
funds deposited in transaction accounts available within specified time 
periods, disclose their availability policies to customers, and begin 
accruing interest on such deposits promptly. The disclosures are 
intended to alert customers that their ability to use deposited funds 
may be delayed, prevent unintentional (and potentially costly) 
overdrafts, and allow customers to compare the policies of different 
banks before deciding at which bank to deposit funds. Regulation CC 
also requires notice to the depositary bank and to a customer of 
nonpayment of a check. Model disclosure forms, clauses, and notices are 
appended to the regulation to ease compliance.
---------------------------------------------------------------------------

    \1\ See 12 U.S.C. 4001 et seq.
    \2\ See 12 U.S.C. 5001 et seq.
    \3\ For purposes of Regulation CC, banks are commercial banks, 
savings associations, credit unions, and U.S. branches and agencies 
of foreign banks.
---------------------------------------------------------------------------

    Legal authorization and confidentiality: Section 609 of the EFA 
Act, as amended by section 1086 of the Dodd-Frank Wall Street Reform 
and Consumer Protection Act (Dodd-Frank Act),\4\ states that, ``the 
Board, jointly with the Director of the Bureau of Consumer Financial 
Protection, shall prescribe regulations--(1) to carry out the 
provisions of this chapter; (2) to prevent the circumvention or evasion 
of such provisions; and (3) to facilitate compliance with such 
provisions.'' Additionally, section 15 of the Check 21 Act \5\ 
authorizes the Board to ``prescribe such regulations as the Board 
determines to be necessary to implement, prevent circumvention or 
evasion of, or facilitate compliance with the provisions of this 
chapter.'' The Board is therefore authorized by these statutory 
provisions to promulgate the disclosure and recordkeeping requirements 
contained in Regulation CC. The disclosure and recordkeeping 
requirements in Regulation CC are mandatory. The information that 
Regulation CC requires of consumers who are making an expedited 
recredit claim is required to obtain a benefit.
---------------------------------------------------------------------------

    \4\ 12 U.S.C. 4008.
    \5\ 12 U.S.C. 5014.
---------------------------------------------------------------------------

    Because records required by Regulation CC are maintained at each 
banking organization, the Freedom of Information Act (FOIA) would only 
be implicated if the Board obtained such records as part of the 
examination or supervision of a banking organization. In the event the 
records are obtained by the Board as part of an examination or 
supervision of a financial institution, this information may be 
considered confidential pursuant to exemption 8 of the FOIA, which 
protects information contained in ``examination, operating, or 
condition reports'' obtained in the bank supervisory process.\6\
---------------------------------------------------------------------------

    \6\ 5 U.S.C. 552(b)(8).
---------------------------------------------------------------------------

    Current actions: On May 24, 2022, the Board published a notice in 
the Federal Register (87 FR 31560) requesting public comment for 60 
days on the extension, without revision, of the FR CC. The comment 
period for this notice expired on July 25, 2022. The Board did not 
receive any comments.

    Board of Governors of the Federal Reserve System, October 7, 
2022.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
[FR Doc. 2022-22242 Filed 10-12-22; 8:45 am]
BILLING CODE 6210-01-P