80_FR_30347 80 FR 30246 - Enhancements to Federal Reserve Bank Same-Day ACH Service, Request for Comments

80 FR 30246 - Enhancements to Federal Reserve Bank Same-Day ACH Service, Request for Comments

FEDERAL RESERVE SYSTEM

Federal Register Volume 80, Issue 101 (May 27, 2015)

Page Range30246-30248
FR Document2015-12739

Federal Register, Volume 80 Issue 101 (Wednesday, May 27, 2015)
[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Pages 30246-30248]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12739]


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FEDERAL RESERVE SYSTEM

[Docket No. OP-1515]


Enhancements to Federal Reserve Bank Same-Day ACH Service, 
Request for Comments

    The Board of Governors (Board) is requesting comment on 
enhancements that the Federal Reserve Banks (Reserve Banks) are 
considering to their current same-day automated clearing house (ACH) 
service. The enhancements would require receiving depository financial 
institutions (RDFIs) to participate in the service and originating 
depository financial institutions (ODFIs) to pay a fee to RDFIs for 
each same-day ACH forward transaction. The Board believes that these 
changes may have a significant longer-run effect on the nation's 
payment system. Interested persons may express their views in writing 
to the Board, by any of the methods indicated below. Comments must be 
received no later than July 2, 2015.

ADDRESSES: You may submit comments, identified by Docket No. OP-1515 by 
any of the following methods:
     Agency Web site: http://www.federalreserve.gov. Follow the 
instructions for submitting comments at http://www.federalreserve.gov/apps/foia/proposedregs.aspx.
     Email: regs.comments@federalreserve.gov. Include the 
docket number in the subject line of the message.
     FAX: (202) 452-3819 or (202) 452- 3102.
     Mail: Robert deV. Frierson, Secretary, Board of Governors 
of the Federal Reserve System, 20th Street and Constitution Avenue NW., 
Washington, DC 20551.
    All public comments are available on the Board's Web site at http://www.federalreserve.gov/apps/foia/proposedregs.aspx 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 
3515, 1801 K Street NW. (between 18th and 19th Street NW.), Washington, 
DC 20006 between 9:00 a.m. and 5:00 p.m. on weekdays.

FOR FURTHER INFORMATION CONTACT: Ian C.B. Spear, Senior Financial 
Services Analyst (202/452-3959); Anjana Ravi, Financial Services 
Analyst (202/530-6286); or Samantha Pelosi, Manager (202/530-6292), 
Division of Reserve Bank Operations and Payment Systems; for users of 
Telecommunication Devices for the Deaf (TDD) only, contact 202/263-
4869.

SUPPLEMENTARY INFORMATION:

I. Background

    The ACH network serves as a ubiquitous, nationwide mechanism for 
processing batch-based credit and debit transfers electronically. The 
private sector and the Federal Reserve jointly developed the ACH 
network as an electronic alternative to checks, the growth of which in 
the late 1960s and early 1970s was creating operational and cost 
burdens. Initially used for government payments and recurring payments 
such as payroll disbursements, the ACH network evolved with user needs 
and now facilitates many types of transactions. The time it takes to 
settle transactions, however, has not changed materially since next-day 
settlement was introduced nearly four decades ago.\1\
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    \1\ ACH transactions using the Federal Reserve Banks' current 
same-day service and some transactions conducted outside of the 
traditional ACH network, such as ``on us'' transactions in which the 
originator and receiver both have accounts at the same bank, or 
proprietary ``on we'' networks between financial institutions, 
settle in less than one day.
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    NACHA, whose membership consists of insured financial institutions 
and regional payment associations, establishes network-wide ACH rules 
through its Operating Rules & Guidelines. As an ACH operator, the 
Reserve Banks, through Operating Circular 4, incorporate NACHA's 
Operating Rules & Guidelines as rules that govern clearing and 
settlement of commercial ACH items by the Reserve Banks, except for 
those provisions specifically excluded in the Operating Circular.\2\
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    \2\ Operating Circular 4, Section 1.4, https://www.frbservices.org/files/regulations/pdf/operating_circular_4_11042013.pdf.
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A. Current Federal Reserve Same-Day ACH Services

    To address growing market demand for faster, intraday ACH 
processing and settlement, the Reserve Banks began offering an optional 
FedACH[supreg] SameDay Service (FedACH SameDay Service) to Reserve Bank 
ACH customers in 2010. The service allows ODFI participants to 
originate same-day payments to all RDFI participants that agree to 
accept such payments.\3\ As part of the FedACH SameDay Service, the 
Reserve Banks charge participating ODFIs a per-item surcharge on the 
normal ACH processing fee and provide RDFIs a discount on the normal 
ACH processing fee for receipt of forward items.\4\ There is no fee 
paid by ODFIs to RDFIs.\5\
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    \3\ The service accommodates all non-government ACH credits and 
debits except International ACH Transactions (IAT), Check Truncated 
Entry (TRC), and Check Truncated Entries Exchange (TRX). Forward 
items may be sent between 2:15 a.m. and 2:00 p.m. with settlement at 
5:00 p.m. Returns of eligible forward items may be sent between 2:00 
p.m. and 4:30 p.m. with settlement at 5:30 p.m. All times in this 
notice are Eastern Time unless otherwise noted.
    \4\ The per-item forward surcharge ranges from $.003 to $.0035, 
and the per-item discount is $.0025.
    \5\ Additional information on the FedACH SameDay Service is 
available at https://www.frbservices.org/serviceofferings/fedach/sameday_service.html.
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    In the five years since its introduction, the FedACH SameDay 
Service has experienced limited adoption; fewer than 100 depository 
institutions are currently using the service. A number of factors may 
account for this. RDFIs typically need to upgrade internal processing 
capabilities to post same-day transactions. ODFIs may be able to 
realize value from the service through enhanced ACH product offerings, 
such as emergency bill pay, although these services may be unappealing 
to originators because of low RDFI participation and corresponding 
limited receiver reach.

B. 2011 NACHA Same-Day ACH Proposal

    In 2011, NACHA identified faster and more flexible ACH clearing and 
settlement capabilities as important to the long-term viability of the 
ACH network, and proposed creation of a network-wide, same-day 
framework called Expedited Processing and Settlement (EPS). Through 
amendments to NACHA's Operating Rules & Guidelines, EPS would have 
required RDFIs to credit a receiver's account by the end of the RDFI's 
processing day when an originator properly specified same-day 
processing.\6\ EPS failed to receive the number of votes required for 
adoption under NACHA voting rules. According to NACHA, the proposal 
failed because it provided insufficient value to originators, caused 
uncertainty around funds availability, and created significant 
implementation costs for

[[Page 30247]]

RDFIs without adequate options to offset those costs.\7\
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    \6\ Originators would have been required to specify same-day 
processing in compliance with EPS, ODFI deadlines, and ACH operator 
requirements. NACHA proposed a single submission deadline of 2:00 
p.m. for all same-day payments, excluded IATs, and limited 
transaction amounts to $25,000 or less. The requirement that RDFIs 
credit a receiver's account by the end of the RDFI's processing day 
would have been satisfied as long as the receiver's account was 
credited ``as of'' the settlement date.
    \7\ Membership feedback also indicated that the timing of 
proposed same-day ACH schedules was not useful for west coast users, 
that risk concerns surrounded the inclusion of debits in same-day 
processing, and that the Federal Reserve's National Settlement 
Service (NSS) closing times limited flexibility of the service.
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C. 2015 NACHA Same-Day ACH Amendments

    In December 2014, NACHA requested comment on a new same-day ACH 
proposal. Like EPS, the 2014 proposal would amend NACHA's Operating 
Rules & Guidelines to enable the network-wide processing of same-day 
ACH payments.\8\ On May 19, 2015, NACHA announced that its voting 
members approved amendments to NACHA's Operating Rules & Guidelines 
(amended operating rules) to allow ODFIs to send same-day ACH 
transactions to accounts held at any RDFI.\9\ Unlike the Reserve Banks' 
current FedACH SameDay Service, the amended operating rules require all 
RDFIs to participate in the same-day service, and ODFIs to pay a fee to 
RDFIs for each same-day ACH forward transaction (interbank fee).\10\ A 
summary of these amendments is available on NACHA's Web site.\11\
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    \8\ Unlike EPS, once fully implemented the amendments (1) 
require RDFIs to make funds available from same-day ACH credits by 
5:00 p.m. local time, (2) offer two submission deadlines at 10:30 
a.m. and 3:00 p.m., and (3) assess a fee paid by ODFIs to RDFIs for 
each same-day forward transaction.
    \9\ The amendments become effective over three phases beginning 
in 2016. Next-day settlement will also remain available.
    \10\ The amended operating rules refer to the interbank fee as 
the ``Same Day Entry Fee.''
    \11\ https://www.nacha.org/content/same-day-ach. The amended 
operating rules contain other elements that would require 
modifications to the Reserve Banks' current FedACH SameDay Service. 
The Board believes these changes are operational in nature and will 
not have significant longer-run effects on the nation's payment 
system. These include updated submission and settlement windows (a 
morning submission deadline at 10:30 a.m. ET, with settlement 
occurring at 1:00 p.m. and an afternoon submission deadline at 3:00 
p.m. ET, with settlement occurring at 5:00 p.m.). IATs and 
transactions above $25,000 cannot be completed via same-day service.
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II. Request for Comment

    The Reserve Banks' incorporation of the amended operating rules 
into Operating Circular 4 and implementation of a mandatory same-day 
service would reflect a significant change to the Reserve Banks' 
current ACH services. In considering new services and major service 
enhancements to existing Reserve Bank services, the Board requires the 
following criteria be met: The service must enable full long-run 
recovery of costs by the Reserve Banks; the service must yield a clear 
public benefit; and the service must be one that other providers alone 
cannot be expected to provide with reasonable effectiveness, scope, and 
equity.\12\
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    \12\ Clear public benefits include promoting the integrity of 
the payments system, improving the effectiveness of financial 
markets, reducing the risk associated with payments and securities-
transfer services, or improving the efficiency of the payments 
system. Federal Reserve System (1990) ``Federal Reserve in the 
Payment System,'' http://www.federalreserve.gov/paymentsystems/pfs_frpaysys.htm.
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    The Board believes that the introduction of a FedACH same-day 
service with mandatory participation by RDFIs and an interbank fee 
would not adversely affect the Reserve Banks' ability to recover the 
cost of providing the ACH service over the long run. Specifically, 
there would be minimal technological and operational investment 
required by the Reserve Banks to implement the service, and any 
operating costs can be recovered through fees charged for using the 
Reserve Banks' ACH services.
    The Board also believes that a same-day ACH service offers clear 
public benefits. A ubiquitous same-day ACH service would enhance the 
efficiency and integrity of the ACH network and the broader U.S. 
payment system, consistent with the strategic goals identified in the 
Federal Reserve's Strategies for Improving the U.S. Payment System 
paper (Strategies Paper).\13\ NACHA identified a number of use cases 
that would benefit from a ubiquitous same-day ACH service, including 
faster person-to-person payments, expedited bill payments, enhanced e-
commerce transactions with faster collection of funds and release of 
goods, accelerated check collection to decrease non-sufficient funds 
returns, and same-day payroll payments. To realize the benefits of 
same-day transactions, however, the service must achieve ubiquity among 
depository institutions in order to reach any banked receiver and 
provide a useful service to originators. Without adoption by the 
Reserve Banks, a significant number of depository institutions 
receiving ACH services from the Reserve Banks may not participate. 
Further, absent the ability to reach any RDFI in the ACH network, it 
may not be possible to implement an effective same-day ACH service and 
any corresponding public benefits would be limited. The Board therefore 
believes that the private sector cannot be expected to provide the 
service alone with reasonable effectiveness, scope, or equity.\14\
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    \13\ The Strategies Paper communicates desired outcomes for the 
payment system and outlines the strategies the Federal Reserve will 
pursue, in collaboration with stakeholders, to help the country 
achieve these outcomes. One of the specific strategies for improving 
the U.S. payment system in the Strategies Paper is enhanced Reserve 
Bank payment, settlement, and risk-management services through 
promoting greater use of same-day ACH capabilities. Federal Reserve 
System (2015), ``Strategies for Improving the U.S. Payment System,'' 
(Federal Reserve System, January), fedpaymentsimprovement.org/wp-content/uploads/strategies-improving-us-payment-system.pdf.
    \14\ When it considers changes to an existing service, the Board 
also conducts a competitive impact analysis to determine whether 
there will be a direct and material adverse effect on the ability of 
other service providers to compete effectively with the Federal 
Reserve in providing similar services due to differing legal powers 
or the Federal Reserve's dominant market position deriving from such 
legal differences. The Board believes that there are no adverse 
effects to other service providers resulting from adoption of the 
amended operating rules. Changes to the Reserve Banks' existing 
service as a result of adoption would be to conform to industry-wide 
ACH operating rules, and not the result of differing legal 
differences or the Federal Reserve's dominant market position.
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    The Board believes that the service may have a significant longer-
run effect on the nation's payment system through increased efficiency 
and integrity of the ACH network. Therefore, the Board requests comment 
on the Reserve Banks' adoption of an enhanced same-day ACH service with 
mandatory participation of RDFIs and an interbank fee by incorporating 
NACHA's amended operating rules into the Reserve Banks' Operating 
Circular 4 governing their ACH service.

A. Mandatory Participation of RDFIs

    Unlike the Reserve Banks' current FedACH SameDay Service, under 
NACHA's amended operating rules RDFIs cannot refuse same-day ACH 
transactions and must make funds available from same-day ACH credits to 
their depositors by 5:00 p.m.\15\ The limited adoption of the Reserve 
Banks' current FedACH SameDay Service demonstrates that achieving 
ubiquity without such a mandate is unlikely, and the Board believes 
that mandatory participation by RDFIs is critical to the success of a 
same-day ACH service. The Board recognizes that this may require 
operational changes to the normal processing procedures and schedules 
used by RDFIs. The Board requests comment on making receipt of same-day 
ACH transactions mandatory for all RDFIs. If commenters believe that 
participation by RDFIs should not be mandatory, the Board requests 
comment on why the Reserve Banks' same-day ACH service should remain 
optional and whether there are non-mandatory alternatives to achieving 
ubiquity.
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    \15\ RDFIs' local time.

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[[Page 30248]]

B. Interbank Fee

    The Board recognizes that both ODFIs and RDFIs will need to make 
investments in systems and operations to facilitate same-day ACH 
transactions. ODFIs have the choice of offering a same-day ACH service 
to originating customers and may be able to offset their investment 
through additional service offerings and higher fees for same-day 
processing. RDFIs, in contrast, would not be able to refuse receipt of 
same-day ACH transactions under a mandatory participation requirement 
and may incur same-day settlement costs that they are unable to fully 
offset through incremental revenue. As a result, RDFIs may lack an 
effective method of offsetting the investment and ongoing costs of 
same-day ACH settlement.
    In light of this potential effect on RDFIs, NACHA designed the 
interbank fee to allow RDFIs to offset costs associated with the up-
front investments and ongoing operating costs necessary for accepting, 
posting, and making funds available from same-day transactions. The 
initial interbank fee under NACHA's amended operating rules is 5.2 
cents per forward transaction.\16\ The amended operating rules provide 
that the interbank fee would be reduced if actual same-day transaction 
volume exceeds original projections by more than 25 percent during 
regularly required review periods.\17\ Ten years after the final phase 
of implementation is effective, and every ten years thereafter, NACHA 
will reevaluate the interbank fee.\18\ In no instance may the interbank 
fee be increased from its initial level of 5.2 cents per forward 
transaction.
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    \16\ In the amended operating rules, the interbank fee per 
transaction is equal to RDFIs' estimated costs of same-day ACH (plus 
a rate of return equal to 12.2%), divided by projected same-day ACH 
volume. To create the methodology for and the calculation of the 
interbank fee, NACHA engaged a consultant who surveyed and 
interviewed both RDFIs and ODFIs to determine implementation and 
ongoing costs. The final interbank fee does not include the 
allowance for lost opportunity costs that was included in NACHA's 
December 2014 proposal. The original fee calculation proposed by 
NACHA considered opportunity costs that included the profits lost by 
RDFIs if some transactions migrated to same-day ACH from other 
higher-margin payment methods.
    \17\ Same-day ACH volume will be reviewed five years and eight 
years after the final phase of implementation is effective.
    \18\ NACHA's reevaluation will not include recovered 
implementation costs, and will be based on the average costs 
incurred by RDFIs, same-day ACH volumes, projected future 
developments, and the extent to which the fee satisfied RDFI costs.
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    The Board requests comment on whether the interbank fee included in 
NACHA's amended operating rules equitably reapportions the initial 
implementation costs and ongoing operating costs between ODFIs and 
RDFIs.

    By order of the Board of Governors of the Federal Reserve 
System, May 21, 2015.
Robert deV. Frierson,
Secretary of the Board.
[FR Doc. 2015-12739 Filed 5-26-15; 8:45 am]
 BILLING CODE 6210-01-P



                                                  30246                       Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices

                                                    Dated: May 18, 2015.                                  Analyst (202/452–3959); Anjana Ravi,                  SameDay Service, the Reserve Banks
                                                  Melvin L. Watt,                                         Financial Services Analyst (202/530–                  charge participating ODFIs a per-item
                                                  Director, Federal Housing Finance Agency.               6286); or Samantha Pelosi, Manager                    surcharge on the normal ACH
                                                  [FR Doc. 2015–12781 Filed 5–26–15; 8:45 am]             (202/530–6292), Division of Reserve                   processing fee and provide RDFIs a
                                                  BILLING CODE 8070–01–C
                                                                                                          Bank Operations and Payment Systems;                  discount on the normal ACH processing
                                                                                                          for users of Telecommunication Devices                fee for receipt of forward items.4 There
                                                                                                          for the Deaf (TDD) only, contact 202/                 is no fee paid by ODFIs to RDFIs.5
                                                                                                          263–4869.                                                In the five years since its
                                                  FEDERAL RESERVE SYSTEM
                                                                                                          SUPPLEMENTARY INFORMATION:                            introduction, the FedACH SameDay
                                                  [Docket No. OP–1515]                                                                                          Service has experienced limited
                                                                                                          I. Background                                         adoption; fewer than 100 depository
                                                  Enhancements to Federal Reserve                            The ACH network serves as a                        institutions are currently using the
                                                  Bank Same-Day ACH Service, Request                      ubiquitous, nationwide mechanism for                  service. A number of factors may
                                                  for Comments                                            processing batch-based credit and debit               account for this. RDFIs typically need to
                                                     The Board of Governors (Board) is                    transfers electronically. The private                 upgrade internal processing capabilities
                                                  requesting comment on enhancements                      sector and the Federal Reserve jointly                to post same-day transactions. ODFIs
                                                  that the Federal Reserve Banks (Reserve                 developed the ACH network as an                       may be able to realize value from the
                                                  Banks) are considering to their current                 electronic alternative to checks, the                 service through enhanced ACH product
                                                  same-day automated clearing house                       growth of which in the late 1960s and                 offerings, such as emergency bill pay,
                                                  (ACH) service. The enhancements                         early 1970s was creating operational                  although these services may be
                                                  would require receiving depository                      and cost burdens. Initially used for                  unappealing to originators because of
                                                  financial institutions (RDFIs) to                       government payments and recurring                     low RDFI participation and
                                                  participate in the service and originating              payments such as payroll                              corresponding limited receiver reach.
                                                  depository financial institutions (ODFIs)               disbursements, the ACH network
                                                                                                          evolved with user needs and now                       B. 2011 NACHA Same-Day ACH
                                                  to pay a fee to RDFIs for each same-day                                                                       Proposal
                                                  ACH forward transaction. The Board                      facilitates many types of transactions.
                                                  believes that these changes may have a                  The time it takes to settle transactions,                In 2011, NACHA identified faster and
                                                  significant longer-run effect on the                    however, has not changed materially                   more flexible ACH clearing and
                                                  nation’s payment system. Interested                     since next-day settlement was                         settlement capabilities as important to
                                                  persons may express their views in                      introduced nearly four decades ago.1                  the long-term viability of the ACH
                                                  writing to the Board, by any of the                        NACHA, whose membership consists                   network, and proposed creation of a
                                                  methods indicated below. Comments                       of insured financial institutions and                 network-wide, same-day framework
                                                  must be received no later than July 2,                  regional payment associations,                        called Expedited Processing and
                                                  2015.                                                   establishes network-wide ACH rules                    Settlement (EPS). Through amendments
                                                                                                          through its Operating Rules &                         to NACHA’s Operating Rules &
                                                  ADDRESSES: You may submit comments,                     Guidelines. As an ACH operator, the                   Guidelines, EPS would have required
                                                  identified by Docket No. OP–1515 by                     Reserve Banks, through Operating                      RDFIs to credit a receiver’s account by
                                                  any of the following methods:                           Circular 4, incorporate NACHA’s                       the end of the RDFI’s processing day
                                                     • Agency Web site: http://                           Operating Rules & Guidelines as rules                 when an originator properly specified
                                                  www.federalreserve.gov. Follow the                      that govern clearing and settlement of                same-day processing.6 EPS failed to
                                                  instructions for submitting comments at                 commercial ACH items by the Reserve                   receive the number of votes required for
                                                  http://www.federalreserve.gov/apps/                     Banks, except for those provisions                    adoption under NACHA voting rules.
                                                  foia/proposedregs.aspx.                                 specifically excluded in the Operating                According to NACHA, the proposal
                                                     • Email: regs.comments@                              Circular.2                                            failed because it provided insufficient
                                                  federalreserve.gov. Include the docket                                                                        value to originators, caused uncertainty
                                                  number in the subject line of the                       A. Current Federal Reserve Same-Day
                                                                                                          ACH Services                                          around funds availability, and created
                                                  message.                                                                                                      significant implementation costs for
                                                     • FAX: (202) 452–3819 or (202) 452–                    To address growing market demand
                                                  3102.                                                   for faster, intraday ACH processing and               Transactions (IAT), Check Truncated Entry (TRC),
                                                     • Mail: Robert deV. Frierson,                        settlement, the Reserve Banks began                   and Check Truncated Entries Exchange (TRX).
                                                  Secretary, Board of Governors of the                    offering an optional FedACH® SameDay                  Forward items may be sent between 2:15 a.m. and
                                                  Federal Reserve System, 20th Street and                 Service (FedACH SameDay Service) to                   2:00 p.m. with settlement at 5:00 p.m. Returns of
                                                  Constitution Avenue NW., Washington,                                                                          eligible forward items may be sent between 2:00
                                                                                                          Reserve Bank ACH customers in 2010.                   p.m. and 4:30 p.m. with settlement at 5:30 p.m. All
                                                  DC 20551.                                               The service allows ODFI participants to               times in this notice are Eastern Time unless
                                                     All public comments are available on                 originate same-day payments to all RDFI               otherwise noted.
                                                  the Board’s Web site at http://                         participants that agree to accept such
                                                                                                                                                                   4 The per-item forward surcharge ranges from

                                                  www.federalreserve.gov/apps/foia/                       payments.3 As part of the FedACH
                                                                                                                                                                $.003 to $.0035, and the per-item discount is
                                                  proposedregs.aspx as submitted, except                                                                        $.0025.
                                                                                                                                                                   5 Additional information on the FedACH
                                                  as necessary for technical reasons.                        1 ACH transactions using the Federal Reserve
                                                                                                                                                                SameDay Service is available at https://
                                                  Accordingly, your comments will not be                  Banks’ current same-day service and some              www.frbservices.org/serviceofferings/fedach/
                                                  edited to remove any identifying or                     transactions conducted outside of the traditional     sameday_service.html.
                                                  contact information. Public comments                    ACH network, such as ‘‘on us’’ transactions in           6 Originators would have been required to specify
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          which the originator and receiver both have           same-day processing in compliance with EPS, ODFI
                                                  may also be viewed electronically or in                 accounts at the same bank, or proprietary ‘‘on we’’   deadlines, and ACH operator requirements. NACHA
                                                  paper in Room 3515, 1801 K Street NW.                   networks between financial institutions, settle in    proposed a single submission deadline of 2:00 p.m.
                                                  (between 18th and 19th Street NW.),                     less than one day.                                    for all same-day payments, excluded IATs, and
                                                                                                             2 Operating Circular 4, Section 1.4, https://
                                                  Washington, DC 20006 between 9:00                                                                             limited transaction amounts to $25,000 or less. The
                                                                                                          www.frbservices.org/files/regulations/pdf/            requirement that RDFIs credit a receiver’s account
                                                  a.m. and 5:00 p.m. on weekdays.                         operating_circular_4_11042013.pdf.                    by the end of the RDFI’s processing day would have
                                                  FOR FURTHER INFORMATION CONTACT: Ian                       3 The service accommodates all non-government      been satisfied as long as the receiver’s account was
                                                  C.B. Spear, Senior Financial Services                   ACH credits and debits except International ACH       credited ‘‘as of’’ the settlement date.



                                             VerDate Sep<11>2014   18:14 May 26, 2015   Jkt 235001   PO 00000   Frm 00041   Fmt 4703   Sfmt 4703   E:\FR\FM\27MYN1.SGM   27MYN1


                                                                              Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices                                                        30247

                                                  RDFIs without adequate options to                       costs by the Reserve Banks; the service                 Banks may not participate. Further,
                                                  offset those costs.7                                    must yield a clear public benefit; and                  absent the ability to reach any RDFI in
                                                                                                          the service must be one that other                      the ACH network, it may not be possible
                                                  C. 2015 NACHA Same-Day ACH
                                                                                                          providers alone cannot be expected to                   to implement an effective same-day
                                                  Amendments
                                                                                                          provide with reasonable effectiveness,                  ACH service and any corresponding
                                                     In December 2014, NACHA requested                    scope, and equity.12                                    public benefits would be limited. The
                                                  comment on a new same-day ACH                              The Board believes that the                          Board therefore believes that the private
                                                  proposal. Like EPS, the 2014 proposal                   introduction of a FedACH same-day                       sector cannot be expected to provide the
                                                  would amend NACHA’s Operating                           service with mandatory participation by                 service alone with reasonable
                                                  Rules & Guidelines to enable the                        RDFIs and an interbank fee would not                    effectiveness, scope, or equity.14
                                                  network-wide processing of same-day                     adversely affect the Reserve Banks’
                                                  ACH payments.8 On May 19, 2015,                         ability to recover the cost of providing                  The Board believes that the service
                                                  NACHA announced that its voting                         the ACH service over the long run.                      may have a significant longer-run effect
                                                  members approved amendments to                          Specifically, there would be minimal                    on the nation’s payment system through
                                                  NACHA’s Operating Rules & Guidelines                    technological and operational                           increased efficiency and integrity of the
                                                  (amended operating rules) to allow                      investment required by the Reserve                      ACH network. Therefore, the Board
                                                  ODFIs to send same-day ACH                              Banks to implement the service, and any                 requests comment on the Reserve Banks’
                                                  transactions to accounts held at any                    operating costs can be recovered                        adoption of an enhanced same-day ACH
                                                  RDFI.9 Unlike the Reserve Banks’                        through fees charged for using the                      service with mandatory participation of
                                                  current FedACH SameDay Service, the                     Reserve Banks’ ACH services.                            RDFIs and an interbank fee by
                                                  amended operating rules require all                        The Board also believes that a same-                 incorporating NACHA’s amended
                                                  RDFIs to participate in the same-day                    day ACH service offers clear public                     operating rules into the Reserve Banks’
                                                  service, and ODFIs to pay a fee to RDFIs                benefits. A ubiquitous same-day ACH                     Operating Circular 4 governing their
                                                  for each same-day ACH forward                           service would enhance the efficiency                    ACH service.
                                                  transaction (interbank fee).10 A                        and integrity of the ACH network and
                                                  summary of these amendments is                          the broader U.S. payment system,                        A. Mandatory Participation of RDFIs
                                                  available on NACHA’s Web site.11                        consistent with the strategic goals                        Unlike the Reserve Banks’ current
                                                                                                          identified in the Federal Reserve’s                     FedACH SameDay Service, under
                                                  II. Request for Comment
                                                                                                          Strategies for Improving the U.S.                       NACHA’s amended operating rules
                                                     The Reserve Banks’ incorporation of                  Payment System paper (Strategies
                                                  the amended operating rules into                                                                                RDFIs cannot refuse same-day ACH
                                                                                                          Paper).13 NACHA identified a number                     transactions and must make funds
                                                  Operating Circular 4 and                                of use cases that would benefit from a
                                                  implementation of a mandatory same-                                                                             available from same-day ACH credits to
                                                                                                          ubiquitous same-day ACH service,                        their depositors by 5:00 p.m.15 The
                                                  day service would reflect a significant                 including faster person-to-person
                                                  change to the Reserve Banks’ current                                                                            limited adoption of the Reserve Banks’
                                                                                                          payments, expedited bill payments,
                                                  ACH services. In considering new                                                                                current FedACH SameDay Service
                                                                                                          enhanced e-commerce transactions with
                                                  services and major service                                                                                      demonstrates that achieving ubiquity
                                                                                                          faster collection of funds and release of
                                                  enhancements to existing Reserve Bank                                                                           without such a mandate is unlikely, and
                                                                                                          goods, accelerated check collection to
                                                  services, the Board requires the                                                                                the Board believes that mandatory
                                                                                                          decrease non-sufficient funds returns,
                                                  following criteria be met: The service                                                                          participation by RDFIs is critical to the
                                                                                                          and same-day payroll payments. To
                                                  must enable full long-run recovery of                                                                           success of a same-day ACH service. The
                                                                                                          realize the benefits of same-day
                                                                                                                                                                  Board recognizes that this may require
                                                                                                          transactions, however, the service must
                                                     7 Membership feedback also indicated that the                                                                operational changes to the normal
                                                                                                          achieve ubiquity among depository
                                                  timing of proposed same-day ACH schedules was                                                                   processing procedures and schedules
                                                  not useful for west coast users, that risk concerns     institutions in order to reach any
                                                                                                          banked receiver and provide a useful                    used by RDFIs. The Board requests
                                                  surrounded the inclusion of debits in same-day
                                                  processing, and that the Federal Reserve’s National     service to originators. Without adoption                comment on making receipt of same-day
                                                  Settlement Service (NSS) closing times limited
                                                                                                          by the Reserve Banks, a significant                     ACH transactions mandatory for all
                                                  flexibility of the service.
                                                                                                          number of depository institutions                       RDFIs. If commenters believe that
                                                     8 Unlike EPS, once fully implemented the
                                                                                                          receiving ACH services from the Reserve                 participation by RDFIs should not be
                                                  amendments (1) require RDFIs to make funds
                                                  available from same-day ACH credits by 5:00 p.m.                                                                mandatory, the Board requests comment
                                                  local time, (2) offer two submission deadlines at          12 Clear public benefits include promoting the       on why the Reserve Banks’ same-day
                                                  10:30 a.m. and 3:00 p.m., and (3) assess a fee paid     integrity of the payments system, improving the         ACH service should remain optional
                                                  by ODFIs to RDFIs for each same-day forward             effectiveness of financial markets, reducing the risk   and whether there are non-mandatory
                                                  transaction.                                            associated with payments and securities-transfer
                                                     9 The amendments become effective over three                                                                 alternatives to achieving ubiquity.
                                                                                                          services, or improving the efficiency of the
                                                  phases beginning in 2016. Next-day settlement will      payments system. Federal Reserve System (1990)
                                                  also remain available.                                  ‘‘Federal Reserve in the Payment System,’’ http://        14 When it considers changes to an existing
                                                     10 The amended operating rules refer to the          www.federalreserve.gov/paymentsystems/pfs_              service, the Board also conducts a competitive
                                                  interbank fee as the ‘‘Same Day Entry Fee.’’            frpaysys.htm.                                           impact analysis to determine whether there will be
                                                     11 https://www.nacha.org/content/same-day-ach.          13 The Strategies Paper communicates desired         a direct and material adverse effect on the ability
                                                  The amended operating rules contain other               outcomes for the payment system and outlines the        of other service providers to compete effectively
                                                  elements that would require modifications to the        strategies the Federal Reserve will pursue, in          with the Federal Reserve in providing similar
                                                  Reserve Banks’ current FedACH SameDay Service.          collaboration with stakeholders, to help the country    services due to differing legal powers or the Federal
                                                  The Board believes these changes are operational in     achieve these outcomes. One of the specific             Reserve’s dominant market position deriving from
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                                                  nature and will not have significant longer-run         strategies for improving the U.S. payment system in     such legal differences. The Board believes that there
                                                  effects on the nation’s payment system. These           the Strategies Paper is enhanced Reserve Bank           are no adverse effects to other service providers
                                                  include updated submission and settlement               payment, settlement, and risk-management services       resulting from adoption of the amended operating
                                                  windows (a morning submission deadline at 10:30         through promoting greater use of same-day ACH           rules. Changes to the Reserve Banks’ existing
                                                  a.m. ET, with settlement occurring at 1:00 p.m. and     capabilities. Federal Reserve System (2015),            service as a result of adoption would be to conform
                                                  an afternoon submission deadline at 3:00 p.m. ET,       ‘‘Strategies for Improving the U.S. Payment             to industry-wide ACH operating rules, and not the
                                                  with settlement occurring at 5:00 p.m.). IATs and       System,’’ (Federal Reserve System, January),            result of differing legal differences or the Federal
                                                  transactions above $25,000 cannot be completed via      fedpaymentsimprovement.org/wp-content/uploads/          Reserve’s dominant market position.
                                                  same-day service.                                       strategies-improving-us-payment-system.pdf.               15 RDFIs’ local time.




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                                                  30248                       Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices

                                                  B. Interbank Fee                                        implementation costs and ongoing                      www.federalreserve.gov/apps/foia/
                                                     The Board recognizes that both ODFIs                 operating costs between ODFIs and                     proposedregs.aspx as submitted, unless
                                                  and RDFIs will need to make                             RDFIs.                                                modified for technical reasons.
                                                  investments in systems and operations                     By order of the Board of Governors of the           Accordingly, your comments will not be
                                                  to facilitate same-day ACH transactions.                Federal Reserve System, May 21, 2015.                 edited to remove any identifying or
                                                  ODFIs have the choice of offering a                     Robert deV. Frierson,                                 contact information. Public comments
                                                  same-day ACH service to originating                     Secretary of the Board.                               may also be viewed electronically or in
                                                  customers and may be able to offset                     [FR Doc. 2015–12739 Filed 5–26–15; 8:45 am]
                                                                                                                                                                paper form in Room 3515, 1801 K Street
                                                  their investment through additional                                                                           (between 18th and 19th Streets NW.)
                                                                                                          BILLING CODE 6210–01–P
                                                  service offerings and higher fees for                                                                         Washington, DC 20006 between 9:00
                                                  same-day processing. RDFIs, in contrast,                                                                      a.m. and 5:00 p.m. on weekdays.
                                                  would not be able to refuse receipt of                  FEDERAL RESERVE SYSTEM                                  Additionally, commenters may send a
                                                  same-day ACH transactions under a                                                                             copy of their comments to the OMB
                                                  mandatory participation requirement                     Proposed Agency Information                           Desk Officer—Shagufta Ahmed—Office
                                                  and may incur same-day settlement                       Collection Activities; Comment                        of Information and Regulatory Affairs,
                                                  costs that they are unable to fully offset              Request                                               Office of Management and Budget, New
                                                  through incremental revenue. As a                                                                             Executive Office Building, Room 10235
                                                                                                          AGENCY:   Board of Governors of the                   725 17th Street NW., Washington, DC
                                                  result, RDFIs may lack an effective                     Federal Reserve System.
                                                  method of offsetting the investment and                                                                       20503 or by fax to (202) 395–6974.
                                                                                                          SUMMARY: On June 15, 1984, the Office
                                                  ongoing costs of same-day ACH                                                                                 FOR FURTHER INFORMATION CONTACT: A
                                                                                                          of Management and Budget (OMB)
                                                  settlement.                                                                                                   copy of the PRA OMB submission,
                                                     In light of this potential effect on                 delegated to the Board of Governors of
                                                                                                                                                                including the proposed reporting form
                                                  RDFIs, NACHA designed the interbank                     the Federal Reserve System (Board) its
                                                                                                                                                                and instructions, supporting statement,
                                                  fee to allow RDFIs to offset costs                      approval authority under the Paperwork
                                                                                                                                                                and other documentation will be placed
                                                  associated with the up-front                            Reduction Act (PRA), to approve of and
                                                                                                                                                                into OMB’s public docket files, once
                                                  investments and ongoing operating costs                 assign OMB numbers to collection of
                                                                                                                                                                approved. These documents will also be
                                                  necessary for accepting, posting, and                   information requests and requirements
                                                                                                          conducted or sponsored by the Board.                  made available on the Federal Reserve
                                                  making funds available from same-day                                                                          Board’s public Web site at: http://
                                                  transactions. The initial interbank fee                 Board-approved collections of
                                                                                                          information are incorporated into the                 www.federalreserve.gov/apps/
                                                  under NACHA’s amended operating                                                                               reportforms/review.aspx or may be
                                                  rules is 5.2 cents per forward                          official OMB inventory of currently
                                                                                                          approved collections of information.                  requested from the agency clearance
                                                  transaction.16 The amended operating                                                                          officer, whose name appears below.
                                                  rules provide that the interbank fee                    Copies of the PRA Submission,
                                                                                                          supporting statements and approved                      Federal Reserve Board Acting
                                                  would be reduced if actual same-day                                                                           Clearance Officer—Mark Tokarski—
                                                  transaction volume exceeds original                     collection of information instruments
                                                                                                          are placed into OMB’s public docket                   Office of the Chief Data Officer, Board
                                                  projections by more than 25 percent                                                                           of Governors of the Federal Reserve
                                                  during regularly required review                        files. The Federal Reserve may not
                                                                                                          conduct or sponsor, and the respondent                System, Washington, DC 20551 (202)
                                                  periods.17 Ten years after the final phase                                                                    452–3829. Telecommunications Device
                                                  of implementation is effective, and                     is not required to respond to, an
                                                                                                          information collection that has been                  for the Deaf (TDD) users may contact
                                                  every ten years thereafter, NACHA will                                                                        (202) 263–4869, Board of Governors of
                                                  reevaluate the interbank fee.18 In no                   extended, revised, or implemented on or
                                                                                                          after October 1, 1995, unless it displays             the Federal Reserve System,
                                                  instance may the interbank fee be                                                                             Washington, DC 20551.
                                                  increased from its initial level of 5.2                 a currently valid OMB number.
                                                                                                          DATES: Comments must be submitted on                  SUPPLEMENTARY INFORMATION:
                                                  cents per forward transaction.
                                                     The Board requests comment on                        or before July 27, 2015.                              Request for Comment on Information
                                                  whether the interbank fee included in                   ADDRESSES: You may submit comments,                   Collection Proposal
                                                  NACHA’s amended operating rules                         identified by Reg W, by any of the
                                                                                                                                                                  The following information collection,
                                                  equitably reapportions the initial                      following methods:
                                                                                                             • Agency Web site: http://                         which is being handled under this
                                                    16 In the amended operating rules, the interbank      www.federalreserve.gov. Follow the                    delegated authority, has received initial
                                                  fee per transaction is equal to RDFIs’ estimated        instructions for submitting comments at               Board approval and is hereby published
                                                  costs of same-day ACH (plus a rate of return equal
                                                                                                          http://www.federalreserve.gov/apps/                   for comment. At the end of the comment
                                                  to 12.2%), divided by projected same-day ACH                                                                  period, the proposed information
                                                  volume. To create the methodology for and the           foia/proposedregs.aspx.
                                                  calculation of the interbank fee, NACHA engaged a          • Federal eRulemaking Portal: http://              collection, along with an analysis of
                                                  consultant who surveyed and interviewed both            www.regulations.gov. Follow the                       comments and recommendations
                                                  RDFIs and ODFIs to determine implementation and         instructions for submitting comments.                 received, will be submitted to the Board
                                                  ongoing costs. The final interbank fee does not
                                                  include the allowance for lost opportunity costs
                                                                                                             • Email: regs.comments@                            for final approval under OMB delegated
                                                  that was included in NACHA’s December 2014              federalreserve.gov. Include OMB                       authority. Comments are invited on the
                                                  proposal. The original fee calculation proposed by      number in the subject line of the                     following:
                                                  NACHA considered opportunity costs that included        message.                                                a. Whether the proposed collection of
                                                  the profits lost by RDFIs if some transactions
                                                  migrated to same-day ACH from other higher-
                                                                                                             • FAX: (202) 452–3819 or (202) 452–                information is necessary for the proper
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                                                  margin payment methods.                                 3102.                                                 performance of the Federal Reserve’s
                                                    17 Same-day ACH volume will be reviewed five             • Mail: Robert deV. Frierson,                      functions; including whether the
                                                  years and eight years after the final phase of          Secretary, Board of Governors of the                  information has practical utility;
                                                  implementation is effective.                            Federal Reserve System, 20th Street and                 b. The accuracy of the Federal
                                                    18 NACHA’s reevaluation will not include
                                                                                                          Constitution Avenue NW., Washington,                  Reserve’s estimate of the burden of the
                                                  recovered implementation costs, and will be based
                                                  on the average costs incurred by RDFIs, same-day        DC 20551.                                             proposed information collection,
                                                  ACH volumes, projected future developments, and            All public comments are available                  including the validity of the
                                                  the extent to which the fee satisfied RDFI costs.       from the Board’s Web site at http://                  methodology and assumptions used;


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Document Created: 2015-12-15 15:35:37
Document Modified: 2015-12-15 15:35:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactIan C.B. Spear, Senior Financial Services Analyst (202/452-3959); Anjana Ravi, Financial Services Analyst (202/530-6286); or Samantha Pelosi, Manager (202/530-6292), Division of Reserve Bank Operations and Payment Systems; for users of Telecommunication Devices for the Deaf (TDD) only, contact 202/263- 4869.
FR Citation80 FR 30246 

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