E9-31254. Availability of Funds and Collection of Checks  

  • Start Preamble Start Printed Page 219

    AGENCY:

    Board of Governors of the Federal Reserve System.

    ACTION:

    Final rule.

    SUMMARY:

    The Board of Governors (Board) is amending the routing number guide to next-day availability checks and local checks in Regulation CC to delete the reference to the head office of the Federal Reserve Bank of Atlanta and to reassign the Federal Reserve routing symbols currently listed under that office to the head office of the Federal Reserve Bank of Cleveland. These amendments reflect the restructuring of check-processing operations within the Federal Reserve System. Subsequent to these amendments, there will only be a single check-processing region for purposes of Regulation CC and there will no longer be any checks that are nonlocal.

    DATES:

    The final rule will become effective on February 27, 2010.

    Start Further Info

    FOR FURTHER INFORMATION CONTACT:

    Jeffrey S. H. Yeganeh, Financial Services Manager (202/728-5801), or Joseph P. Baressi, Financial Services Project Leader (202/452-3959), Division of Reserve Bank Operations and Payment Systems; or Dena L. Milligan, Attorney (202/452-3900), Legal Division. For users of Telecommunications Devices for the Deaf (TDD) only, contact 202/263-4869.

    End Further Info End Preamble Start Supplemental Information

    SUPPLEMENTARY INFORMATION:

    Regulation CC establishes the maximum period a depositary bank may wait between receiving a deposit and making the deposited funds available for withdrawal.[1] A depositary bank generally must provide faster availability for funds deposited by a “local check” than by a “nonlocal check.” A check is considered local if it is payable by or at or through a bank located in the same Federal Reserve check-processing region as the depositary bank.

    Appendix A to Regulation CC contains a routing number guide that assists banks in identifying local and nonlocal banks and thereby determining the maximum permissible hold periods for most deposited checks. The appendix includes a list of each Federal Reserve check-processing office and the first four digits of the routing number, known as the Federal Reserve routing symbol, of each bank that is served by that office for check-processing purposes. Banks whose Federal Reserve routing symbols are grouped under the same office are in the same check-processing region and thus are local to one another.

    On February 27, 2010, the Reserve Banks will transfer the check-processing operations of the head office of the Federal Reserve Bank of Atlanta to the head office of the Federal Reserve Bank of Cleveland. As a result of this change, some checks that are drawn on and deposited at banks located in the Atlanta and Cleveland check-processing regions and that currently are nonlocal checks will become local checks subject to faster availability schedules. To assist banks in identifying local and nonlocal checks and making funds availability decisions, the Board is amending the lists of routing symbols in appendix A associated with the Federal Reserve Banks of Atlanta and Cleveland to reflect the transfer of check-processing operations from the head office of the Federal Reserve Bank of Atlanta to the head office of the Federal Reserve Bank of Cleveland. To coincide with the effective date of the underlying check-processing changes, the amendments to appendix A are effective February 27, 2010. At that time, there will only be a single check-processing region for purposes of Regulation CC and there will no longer be any checks that are nonlocal. The Board is providing notice of the amendments at this time to give affected banks ample time to make any needed processing changes. Early notice also will enable affected banks to amend their availability schedules and related disclosures if necessary and provide their customers with notice of these changes.[2]

    Administrative Procedure Act

    The public comment requirements of section 553(b) of the Administrative Procedure Act do not apply to these amendments to Appendix A of Regulation CC because the amendments involve matters of agency organization. The Monetary Control Act requires cost recovery for Federal Reserve Bank priced services over the long term, which from time to time necessitates changes in the internal organization of Reserve Bank services in order to meet the statutory mandate. The rapid decline in paper check volumes, generally, and the decline in paper checks sent to the Reserve Banks for collection have significantly reduced the need for Federal Reserve check-processing locations and the ability of Reserve Banks to recover the costs of maintaining those locations. In order to achieve the Monetary Control Act requirement of long-run full cost recovery, the Reserve Banks have adjusted their check service infrastructure to reduce the number of check-processing regions. In light of the fact that the Reserve Banks are receiving a high percentage of checks electronically, the consolidation of check-processing centers is required in order to meet the mandate of the Monetary Control Act. As a result of the consolidation of Federal Reserve check-processing offices, amendments to Appendix A are necessary because the statutory and regulatory terms “local” and “nonlocal” are defined in terms of “check-processing regions”—the geographic areas served by a Federal Reserve check-processing office.

    Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506; 5 CFR part 1320, appendix A.1), the Board has reviewed the final rule under authority delegated to the Board by the Office of Management and Budget. The Start Printed Page 220amendments to appendix A of Regulation CC will delete the reference to the head office of the Federal Reserve Bank of Atlanta and reassign the routing symbols listed under that office to the head office of the Federal Reserve Bank of Cleveland. The depository institutions that are located in the affected check-processing regions and that include the routing numbers in their disclosure statements would be required to notify customers of the resulting change in availability under § 229.18(e). However, all paperwork collection procedures associated with Regulation CC already are in place, and the Board accordingly anticipates that no additional burden will be imposed as a result of this rulemaking.

    Start List of Subjects

    List of Subjects in 12 CFR Part 229

    • Banks
    • Banking
    • Reporting and recordkeeping requirements
    End List of Subjects

    Authority and Issuance

    Start Amendment Part

    For the reasons set forth in the preamble, the Board is amending 12 CFR part 229 to read as follows:

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    PART 229—AVAILABILITY OF FUNDS AND COLLECTION OF CHECKS (REGULATION CC)

    End Part Start Amendment Part

    1. The authority citation for part 229 continues to read as follows:

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    Authority: 12 U.S.C. 4001-4010, 12 U.S.C. 5001-5018.

    End Authority Start Amendment Part

    2. In appendix A, the Fourth and Sixth District routing symbol lists are amended by removing the headings and listings for the Sixth Federal Reserve District and revising the listings for the Fourth Federal Reserve District to read as follows:

    End Amendment Part Start Appendix

    Appendix A to Part 229—Routing Number Guide to Next-Day Availability Checks and Local Checks

    * * * * *

    Fourth Federal Reserve District

    [Federal Reserve Bank of Cleveland]

    Head Office

    0110 12110
    01112111
    01122112
    01132113
    01142114
    01152115
    01162116
    01172117
    01182118
    01192119
    02102210
    02112211
    02122212
    02132213
    02142214
    02152215
    02162216
    02192219
    02202220
    02232223
    02602260
    02802280
    03102310
    03112311
    03122312
    03132313
    03192319
    03602360
    04102410
    04122412
    04202420
    04212421
    04222422
    04232423
    04302430
    04322432
    04332433
    04342434
    04402440
    04412441
    04422442
    05102510
    05142514
    05152515
    05192519
    05202520
    05212521
    05222522
    05302530
    05312531
    05322532
    05392539
    05402540
    05502550
    05602560
    05702570
    06102610
    06112611
    06122612
    06132613
    06202620
    06212621
    06222622
    06302630
    06312631
    06322632
    06402640
    06412641
    06422642
    06502650
    06512651
    06522652
    06532653
    06542654
    06552655
    06602660
    06702670
    07102710
    07112711
    07122712
    07192719
    07202720
    07242724
    07302730
    07392739
    07402740
    07492749
    07502750
    07592759
    08102810
    08122812
    08132813
    08152815
    08192819
    08202820
    08292829
    08302830
    08392839
    08402840
    08412841
    08422842
    08432843
    08632863
    08652865
    09102910
    09112911
    09122912
    09132913
    09142914
    09152915
    09182918
    09192919
    09202920
    09212921
    09292929
    09602960
    10103010
    10113011
    10123012
    10193019
    10203020
    10213021
    10223022
    10233023
    10303030
    10313031
    10393039
    10403040
    10413041
    10493049
    10703070
    11103110
    11113111
    11133113
    11193119
    11203120
    11223122
    11233123
    11303130
    11313131
    11403140
    11493149
    11633163
    12103210
    12113211
    12123212
    12133213
    12203220
    12213221
    12223222
    12233223
    12243224
    12303230
    12313231
    12323232
    12333233
    12403240
    12413241
    12423242
    12433243
    12503250
    12513251
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    12523252
    1 The first two digits identify the bank's Federal Reserve District. For example, 01 identifies the First Federal Reserve District (Boston), and l2 identifies the Twelfth District (San Francisco). Adding 2 to the first digit denotes a thrift institution. For example, 21 identifies a thrift in the First District, and 32 denotes a thrift in the Twelfth District.
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    End Appendix Start Signature

    By order of the Board of Governors of the Federal Reserve System, acting through the Secretary of the Board under delegated authority, December 30, 2009.

    Jennifer J. Johnson,

    Secretary of the Board.

    End Signature End Supplemental Information

    Footnotes

    1.  For purposes of Regulation CC, the term “bank” refers to any depository institution, including commercial banks, savings institutions, and credit unions.

    Back to Citation

    2.  Section 229.18(e) of Regulation CC requires that banks notify account holders who are consumers within 30 days after implementing a change that improves the availability of funds.

    Back to Citation

    [FR Doc. E9-31254 Filed 1-4-10; 8:45 am]

    BILLING CODE 6210-01-P

Document Information

Comments Received:
0 Comments
Effective Date:
2/27/2010
Published:
01/05/2010
Department:
Federal Reserve System
Entry Type:
Rule
Action:
Final rule.
Document Number:
E9-31254
Dates:
The final rule will become effective on February 27, 2010.
Pages:
219-221 (3 pages)
Docket Numbers:
Regulation CC, Docket No. R-1382
Topics:
Banks, banking, Banks, banking, Banks, banking, Banks, banking, Reporting and recordkeeping requirements
PDF File:
e9-31254.pdf
CFR: (1)
12 CFR 229