94-23556. Availability of Funds and Collection of Checks  

  • [Federal Register Volume 59, Number 184 (Friday, September 23, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-23556]
    
    
    [[Page Unknown]]
    
    [Federal Register: September 23, 1994]
    
    
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    FEDERAL RESERVE SYSTEM
    
    12 CFR Part 229
    
    [Regulation CC; Docket No. R-0847]
    
     
    
    Availability of Funds and Collection of Checks
    
    AGENCY: Board of Governors of the Federal Reserve System.
    
    ACTION: Final rule; technical amendment.
    
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    SUMMARY: The Board is publishing technical amendments to Appendices A 
    and B-2 of Regulation CC. The amendments will conform Appendix A to a 
    realignment in Federal Reserve check processing regions by adding the 
    routing numbers formerly assigned to the Buffalo check processing 
    region to the Utica check processing region. The amendments will also 
    make other minor corrections to headings in Appendices A and B-2.
    
    EFFECTIVE DATE: October 11, 1994.
    
    FOR FURTHER INFORMATION CONTACT: Oliver Ireland, Associate General 
    Counsel (202/452-3625), or Stephanie Martin, Senior Attorney (202/452-
    3198), Legal Division. For the hearing impaired only: 
    Telecommunications Device for the Deaf, Dorothea Thompson (202/452-
    3544).
    
    SUPPLEMENTARY INFORMATION: The Board's Regulation CC (12 CFR part 229) 
    implements the Expedited Funds Availability Act (12 U.S.C. 4001 et 
    seq.) and requires banks\1\ to make funds deposited into transaction 
    accounts available for withdrawal within specified time frames. The Act 
    and regulation allow banks to place longer holds on nonlocal checks 
    than on local checks. A nonlocal check is one for which the paying 
    bank\2\ is located in a different check processing region than the 
    depositary bank. Regulation CC defines ``check processing region'' as 
    ``the geographical area served by an office of a Federal Reserve Bank 
    for purposes of its check-processing activities.''\3\ Appendix A to 
    Regulation CC lists the Federal Reserve check processing offices and 
    the 4-digit routing number prefixes that are local to each office.
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        \1\The term bank refers to any depository institution, including 
    commercial banks, savings institutions, and credit unions.
        \2\The paying bank is the bank by, at, or through which a check 
    is payable. The depositary bank is the first bank to which a check 
    is transferred.
        \3\12 CFR 229.2(m). The Act's definition is substantially 
    similar (12 U.S.C. 4001(9)).
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        Effective October 11, 1994, the Federal Reserve Bank of New York 
    will discontinue check processing at its Buffalo office and incorporate 
    the Buffalo check processing region into the Utica check processing 
    region. This consolidation is part of a larger effort by the Federal 
    Reserve Bank of New York to achieve greater efficiency and cost savings 
    in its check operations by consolidating systems, equipment, and 
    operations. (In 1992 the Federal Reserve Bank of New York transferred 
    its head office check processing operations to its Jericho office. The 
    Board made corresponding changes to Appendix A of Regulation CC at that 
    time. 58 FR 2, January 4, 1993.) Accordingly, the Board has amended the 
    routing number list in Appendix A to reflect the Buffalo-Utica 
    consolidation. The Board has also corrected mislabeled headings in 
    Appendices A and B-2.
        Although the substance of Regulation CC will be unaffected by the 
    amendment to Appendix A, the consolidation of check processing regions 
    may require some banks to adjust their internal procedures. For 
    example, checks deposited in the former Buffalo region will now be 
    considered local checks in the Utica region (and vice versa). Banks 
    that now distinguish between the Buffalo and Utica regions in assigning 
    availability will need to realign their internal operating systems to 
    reflect the consolidation. In addition, banks in the former Buffalo 
    region, now part of the Utica region, will be subject to the reduction 
    of schedules for certain nonlocal checks, as listed in Appendix B-2.\4\
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        \4\Specifically, Appendix B-2 provides that nonlocal checks 
    deposited in the Utica region bearing the 4-digit routing number 
    prefixes ``0210'' and ``0280'' must be made available for withdrawal 
    by the third business day following the banking day on which the 
    checks were deposited.
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        Banks also need to reflect any availability policy changes in their 
    disclosures, as the availability for certain checks may be improved. 
    Section 229.18(e) of Regulation CC provides that, in the case of an 
    availability policy change that expedites the availability of funds, a 
    bank shall send a notice of the change to holders of consumer accounts 
    not later than 30 days after implementation.
        The amendments adopted by the Board are technical amendments that 
    reflect the realignment of Federal Reserve check processing regions and 
    are required by the statutory and regulatory definitions of ``check 
    processing region.''
        Accordingly, 5 U.S.C. 553(b), requiring public comment, and 5 
    U.S.C. 553(d), requiring a delayed effective date, do not apply.
    
    Final Regulatory Flexibility Analysis
    
        The amendment will apply to all banks, regardless of size. There is 
    no possible alternative rule for small banks, as ``check processing 
    region'' is defined by the Expedited Funds Availability Act, which 
    applies to all banks. The amendment will affect only those banks in the 
    current Buffalo and Utica check processing regions that distinguish 
    between checks drawn on paying banks located in those two regions for 
    purposes of assigning availability. The Board expects that the majority 
    of small institutions located in those two regions will be unaffected 
    by the amendment.
    
    List of Subjects in 12 CFR Part 229
    
        Banks, banking, Federal Reserve System, Reporting and recordkeeping 
    requirements.
    
        For the reasons set out in the preamble, 12 CFR part 229 is amended 
    as follows:
    
    PART 229--[AMENDED]
    
        1. The authority citation for part 229 continues to read as 
    follows:
    
        Authority: 12 U.S.C. 4001 et seq.
    
    Appendix A to Part 229 [Amended]
    
        2. In Appendix A to part 229, under the heading ``SECOND FEDERAL 
    RESERVE DISTRICT,'' the numbers appearing directly under the subheading 
    ``Buffalo Branch'' are transferred in numerical order under the 
    subheading ``Utica Office'', the subheading ``Buffalo Branch'' is 
    removed, and the subheading ``Cranford Office'' is revised to read 
    ``East Rutherford Office''.
    
    Appendix B-2 to Part 229 [Amended]
    
        3. In Appendix B-2 to part 229, the subheading ``Cranford'' is 
    revised to read ``East Rutherford''.
    
        By order of the Board of Governors of the Federal Reserve 
    System, September 19, 1994.
    William W. Wiles,
    Secretary of the Board.
    [FR Doc. 94-23556 Filed 9-22-94; 8:45 am]
    BILLING CODE 6210-01-P
    
    
    

Document Information

Published:
09/23/1994
Department:
Federal Reserve System
Entry Type:
Uncategorized Document
Action:
Final rule; technical amendment.
Document Number:
94-23556
Dates:
October 11, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: September 23, 1994, Regulation CC, Docket No. R-0847
CFR: (1)
12 CFR 229