81_FR_79703 81 FR 79484 - Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB

81 FR 79484 - Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB

FEDERAL RESERVE SYSTEM

Federal Register Volume 81, Issue 219 (November 14, 2016)

Page Range79484-79487
FR Document2016-27299

Notice is hereby given of the final approval of a proposal to extend for three years, with revision, the debit card issuer survey (FR 3064a; OMB No. 7100-0344) and to extend for three years, without revision, the payment card network survey (FR 3064b; OMB No. 7100-0344) by the Board of Governors of the Federal Reserve System (Board) under OMB delegated authority, as per 5 CFR 1320.16 (OMB Regulations on Controlling Paperwork Burdens on the Public). Board-approved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the Paperwork Reduction Act Submission, supporting statements and approved collection of information instrument(s) are placed into OMB's public docket files. The Federal Reserve may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number.

Federal Register, Volume 81 Issue 219 (Monday, November 14, 2016)
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79484-79487]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27299]


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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: Notice is hereby given of the final approval of a proposal to 
extend for three years, with revision, the debit card issuer survey (FR 
3064a; OMB No. 7100-0344) and to extend for three years, without 
revision, the payment card network survey (FR 3064b; OMB No. 7100-0344) 
by the Board of Governors of the Federal Reserve System (Board) under 
OMB delegated authority, as per 5 CFR 1320.16 (OMB Regulations on 
Controlling Paperwork Burdens on the Public). Board-approved 
collections of information are incorporated into the official OMB 
inventory of currently approved collections of information. Copies of 
the Paperwork Reduction Act Submission, supporting statements and 
approved collection of information instrument(s) are placed into OMB's 
public docket files. The Federal Reserve may not conduct or sponsor, 
and the respondent is not required to respond to, an information 
collection that has been extended, revised, or implemented on or after 
October 1, 1995, unless it displays a currently valid OMB control 
number.

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, Washington, DC 20551, (202) 452-3829. Telecommunications Device 
for the Deaf (TDD) users may contact (202) 263-4869, Board of Governors 
of the Federal Reserve System, Washington, DC 20551.
    OMB Desk Officer--Shagufta Ahmed--Office of Information and 
Regulatory Affairs, Office of Management and Budget, New Executive 
Office Building, Room 10235, 725 17th Street NW., Washington, DC 20503.
    Final approval under OMB delegated authority of the extension for 
three years, with revision, of the following report:
    Report Title: Interchange Transaction Fees Surveys.

[[Page 79485]]

    Agency Form Number: FR 3064a (Extended with revision) and FR 3064b 
(Extended without revision).
    OMB Control Number: 7100-0344.
    Frequency: FR 3064a--Biennial; FR 3064b--Annual.
    Respondents: Issuers of debit cards (FR 3064a) and payment card 
networks (FR 3064b).
    Estimated Annual Burden Hours: FR 3064a: 89,280 hours; FR 3064b: 
1,275 hours.
    Estimated Average Hours per Response: FR 3064a: 160 hours; FR 
3064b: 75 hours.
    Number of Respondents: FR 3064a: 558; FR 3064b: 17.
    General description of report: The FR 3064a and 3064b surveys are 
authorized by subsection 920(a) of the Electronic Fund Transfer Act, 
which was amended by section 1075(a) of the Dodd-Frank Act.\1\ This 
statutory provision requires the Federal Reserve, at least once every 
two years,\2\ to disclose aggregate or summary information concerning 
the costs incurred and interchange transaction fees charged or received 
by issuers or payment card networks in connection with the 
authorization, clearance or settlement of electronic debit transaction, 
as the Federal Reserve considers appropriate and in the public 
interest.\3\ It also provides the Federal Reserve with authority to 
require issuers and payment card networks to provide information to 
enable the Federal Reserve to carry out the provisions of the 
subsection.\4\ The obligation to respond to these surveys is mandatory.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 1693o-2.
    \2\ The subsection refers to biannual disclosures and the 
Federal Reserve interprets this to mean once every two years. See 76 
FR 43458 (July 20, 2011).
    \3\ 15 U.S.C. 1693o-2(a)(3)(B).
    \4\ Id.
---------------------------------------------------------------------------

    In accordance with the statutory requirement, the Federal Reserve 
will release aggregate or summary information from the survey 
responses. In addition, the Federal Reserve will release, at the 
network level, the percentage of total number of transactions, the 
percentage of total value of transactions, and the average transaction 
value for exempt and not-exempt issuers obtained on the FR 3064b. The 
Federal Reserve has determined to release this information both because 
it can already be determined mathematically based on the information 
the Federal Reserve currently releases on average interchange fees and 
because the Federal Reserve believes the release of such information 
may be useful to issuers and merchants in choosing payment card 
networks in which to participate and to policymakers in assessing the 
effect of Regulation II on the level of interchange fees received by 
issuers over time.
    However, the remaining individual issuer and payment card 
information collected on these surveys can be kept confidential under 
exemption (b)(4) of the Freedom of Information Act (FOIA) because staff 
has advised that, if released, this information would cause substantial 
harm to the competitive position of the survey respondents.\5\
---------------------------------------------------------------------------

    \5\ 5 U.S.C. 552(b)(4) (exempting from disclosure ``trade 
secrets and commercial or financial information obtained from a 
person and privileged or confidential'').
---------------------------------------------------------------------------

    Abstract: The Wall Street Reform and Consumer Protection Act of 
2010 (Dodd-Frank Act) requires the Federal Reserve to disclose, at 
least every two years, such aggregate or summary information concerning 
the costs incurred for, and interchange transaction fees received by, 
issuers with respect to debit card transactions, as the Federal Reserve 
considers appropriate or in the public interest. The data from these 
surveys are used in fulfilling that disclosure requirement. In 
addition, the Federal Reserve uses data from the payment card network 
survey (FR 3064b) to publicly report on an annual basis the extent to 
which networks have established separate interchange fees for exempt 
and covered issuers. Finally, the Federal Reserve uses the data from 
these surveys in determining whether to propose revisions to the 
interchange fee standards in Regulation II (12 CFR part 235). The Dodd-
Frank Act provides the Federal Reserve with authority to require debit 
card issuers and payment card networks to submit information in order 
to carry out provisions of the Dodd-Frank Act regarding interchange fee 
standards.
    Current Actions: On August 9, 2016 the Federal Reserve published a 
notice in the Federal Register (81 FR 52689) requesting public comment 
for 60 days on the extension, with revision, of the Interchange 
Transaction Fees Surveys. The comment period for this notice expired on 
October 11, 2016. The Federal Reserve received one joint comment letter 
addressing this collection, which are summarized and addressed below.

Summary Discussion of Public Comments and Recommended Responses 
6
---------------------------------------------------------------------------

    \6\ On August 2, 2016, the Federal Reserve Board granted initial 
approval of these surveys. Notice of the proposed action was 
published in the Federal Register on August 9, 2016; the comment 
period ended on October 11, 2016. The Federal Reserve received one 
comment letter addressing the proposed revisions to the FR 3064 
information collection.
---------------------------------------------------------------------------

    The Federal Reserve received one joint comment letter from eight 
banking industry associations, which concerned the debit card issuer 
survey (FR 3064a). The commenters in this letter commended the Federal 
Reserve for proposing a full 90-day period for respondents to complete 
the survey, but suggested that the 90-day period commence in mid-
February rather than mid-January, because respondents generally cannot 
begin collecting the requested data until February. The commenters 
suggested several changes to the online reporting tool which they 
argued would facilitate completion of the survey. The commenters also 
suggested that the survey no longer ask respondents to provide 
information on interchange fees repaid as a result of chargebacks and, 
separately, interchange fees repaid as a result of returns, but instead 
ask respondents to provide a single number that is interchange fees 
repaid as a result of chargebacks or returns. In addition, the 
commenters argued that the survey's definition of ``costs of 
authorization, clearance, and settlement'' fails to include all costs 
related to a debit card issuer's authorization, clearance, and 
settlement activities, and they recommended expanding the definition to 
include additional cost items. Lastly, the commenters suggested that 
international fraud losses be included as part of reported fraud 
losses.
    In addition to revisions that were already suggested and were 
supported by the commenters, the Federal Reserve revised the debit card 
issuer survey to incorporate certain additional suggestions from the 
commenters. In particular, the Federal Reserve is commencing the survey 
at the beginning of February, providing a total line for interchange 
fees repaid as a result of chargebacks or returns, and making certain 
technical changes to the reporting tool for the survey. The Federal 
Reserve is not expanding the survey to include international fraud 
losses or additional cost elements.

[[Page 79486]]

Detailed Discussion of Public Comments and Recommended Responses

Debit Card Issuer Survey (FR 3064a)

Section-by-Section Analysis
Section II: All Debit Card Transactions, Section III: All Single-
Message (PIN) Debit Card Transactions, Section IV: All Dual-Message 
(Signature) Debit Card Transactions, and Section V: General-Use Prepaid 
Card Transactions
    Question 3: Cost of authorization, clearance, and settlement--The 
Federal Reserve proposed to delete questions 3e and 3f which break out 
the fixed and variable cost components for line items 3b.1 In-house 
costs and 3b.2 Third-party processing fees, respectively. The 
commenters strongly supported this proposal. They argued that the 
allocation of costs to fixed and variable components places an undue 
burden on respondents by forcing them to categorize costs in an 
artificial manner outside of respondents' standard cost accounting 
practices. The Federal Reserve believes that the commenters' support 
for this change validates the Federal Reserve's proposal to remove 
these items.
    The commenters further believe that the definition of ``costs of 
authorization, clearance, and settlement'' fails to include all costs 
related to a debit card issuer's authorization, clearance, and 
settlement activities. The commenters provided a list of categories of 
costs that should be included and recommended that these categories be 
reported as individual cost items, if they are not already. 
Specifically, the commenters recommended expanding the definition to 
include the following items: costs associated with receiving, 
responding to, and resolving customer inquiries with respect to debit 
card transactions; debit card transaction compliance costs; debit card 
transaction non-sufficient funds handing costs; card production and 
delivery costs; and a portion of costs related to establishing and 
maintaining debit account relationships.
    The Federal Reserve is keeping the set of data elements as 
proposed. Some of the proposed categories of costs (e.g., cardholder 
inquiry and non-sufficient funds handling costs) are already included 
in the survey, and all of the proposed categories are costs that the 
Federal Reserve determined would not be considered as part of the 
interchange fee standard in Regulation II. Including these additional 
cost categories and requiring issuers to report at a more detailed 
level would not significantly enhance the Federal Reserve's 
understanding of the relevant costs for Regulation II and would 
represent a significant burden to respondents.
    The commenters suggested that international fraud losses be 
included as part of reported fraud losses. The commenters argued that 
international fraud losses should be considered as part of the fraud 
losses associated with domestic transactions for U.S.-issued debit 
cards because the data compromise leading to the fraudulent debit card 
activity frequently occurs in the United States and generates 
fraudulent international transactions even if the cardholder never 
leaves the United States. The commenters likened this to the Federal 
Reserve allowing respondents to include costs from international 
transaction processing centers when reporting the costs associated with 
U.S.-issued debit cards. The commenters acknowledge that the Federal 
Reserve's authority to regulate debit card activity is restricted to 
the United States, but argued that this does not preclude the Federal 
Reserve from considering costs that occurred outside of the United 
States, if those costs could not have been incurred but for the 
issuance of a U.S. debit card.
    International fraud losses arise from international transactions, 
not domestic transactions, and are therefore outside the scope of 
Regulation II.\7\ As such, international fraud losses are analogous to 
ATM fraud losses, which are also not included. The commenters noted 
that costs incurred at international transaction processing centers are 
included, but that is because costs incurred at those processing 
centers are still associated with domestic transactions, whereas 
international fraud losses are not associated with domestic 
transactions. Thus, international fraud losses will not be reported.
---------------------------------------------------------------------------

    \7\ Regulation II applies only to electronic debit transactions 
that are initiated at a merchant located in the United States. See 
paragraph 235.2(h)-5 of the Official Commentary on Regulation II.
---------------------------------------------------------------------------

    Question 6: Interchange fee revenue--The commenters suggested that 
the survey no longer ask respondents to provide information on 
interchange fees repaid as a result of chargebacks and, separately, 
interchange fees repaid as a result of returns. The commenters argued 
that payment networks providing interchange fee information do not 
readily provide a breakdown of chargebacks and returns, such that 
respondents are often forced to make arbitrary allocations. The 
commenters suggested that the survey instead ask respondents to provide 
a single value consisting of interchange fees repaid as a result of 
chargebacks or returns.
    The Federal Reserve added a line item in which respondents are 
asked to provide the value that commenters argue is readily available: 
interchange fees repaid as a result of chargebacks or returns. However, 
the Federal Reserve will continue to also ask respondents to provide a 
breakdown of this total number into interchange fees repaid as a result 
of chargebacks and, separately, interchange fees repaid as a result of 
returns. Respondents will, as always, have the option of entering ``not 
reported'' for those items.
General Instructions
    The Federal Reserve proposed to make the survey available in mid-
January, with a deadline in mid-April, thereby giving respondents a 
full 90 days in which to provide responses. The commenters commended 
the Federal Reserve for proposing a 90-day completion period, but 
suggested that the 90-day period begin in mid-February rather than in 
mid-January. The commenters noted that issuers will not have the 
required data to respond to the survey before mid-February; for 
instance, processors and networks often do not provide invoices to 
issuers until mid-January or later. Also, commenters argued that the 
necessary personnel are unavailable to begin completing the survey 
until other end-of-year closing activities are complete.
    The Federal Reserve is making the survey available at the beginning 
of February instead of mid-January, and due in early May rather than 
mid-April, in order to address the timing concerns raised by the 
commenters.
    The commenters also proposed three changes to the online reporting 
tool for the survey. First, commenters recommended that the online 
survey round entries to the nearest whole dollar. Second, commenters 
recommended that entries be right-justified. Third, commenters 
suggested that there be a way for respondents to consolidate all of 
entries, across all sections, into a single editable spreadsheet. The 
Federal Reserve is making all of these changes, subject to any 
unanticipated technical difficulties that may arise in the current 
interface.

Payment Card Network Survey (FR 3064b)

    The Federal Reserve received no comments on the Payment Card 
Network survey (FR 3064b).


[[Page 79487]]


    Board of Governors of the Federal Reserve System, November 8, 
2016.
Robert deV. Frierson,
Secretary of the Board.
[FR Doc. 2016-27299 Filed 11-10-16; 8:45 am]
 BILLING CODE 6210-01-P



                                                  79484                      Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices

                                                     Final approval under OMB delegated                   mandatory and its collection is                         Board of Governors of the Federal Reserve
                                                  authority of the extension for three                    authorized by sections 17A(c), 17(a)(3),              System, November 8, 2016.
                                                  years, with revision, of the following                  and 23(a)(1) of the Act, as amended (15               Robert deV. Frierson,
                                                  report:                                                 U.S.C. 78q–1(c), 78q(a)(3), and                       Secretary of the Board.
                                                     Report Title: Uniform Interagency                    78w(a)(1)). Additionally, section                     [FR Doc. 2016–27292 Filed 11–10–16; 8:45 am]
                                                  Transfer Agent Registration and                         3(a)(34)(B)(ii) of the Act (15 U.S.C.                 BILLING CODE 6210–01–P
                                                  Amendment Form.                                         78c(a)(34)(B)(ii)) provides that the Board
                                                     OMB Control Number: 7100–0099.
                                                     Agency Form Number: Form TA–1.                       is the appropriate regulatory agency for
                                                                                                          purposes of various filings by SMBs and               FEDERAL RESERVE SYSTEM
                                                     Frequency: On occasion.
                                                     Reporters: State member banks                        their subsidiaries, BHCs, SLHCs, and
                                                                                                                                                                Agency Information Collection
                                                  (‘‘SMBs’’) and their subsidiaries, bank                 certain nondepository trust company                   Activities: Announcement of Board
                                                  holding companies (‘‘BHCs’’), certain                   subsidiaries of BHCs that act as a                    Approval Under Delegated Authority
                                                  nondeposit trust company subsidiaries                   clearing agency or transfer agent. The                and Submission to OMB
                                                  of BHCs, and savings and loan holding                   registrations are public filings and are
                                                  companies (‘‘SLHCs’’).                                  not considered confidential.                          AGENCY:   Board of Governors of the
                                                     Effective Date: December 31, 2016.                                                                         Federal Reserve System.
                                                     Estimated Number of Respondents:                       Board of Governors of the Federal Reserve           SUMMARY: Notice is hereby given of the
                                                                                                          System, November 8, 2016.                             final approval of a proposal to extend
                                                  Registrations: 2; amendments: 4.
                                                     Estimated Average Hours per                          Robert deV. Frierson,                                 for three years, with revision, the debit
                                                  Response: Registrations: 1.25 hours;                    Secretary of the Board.                               card issuer survey (FR 3064a; OMB No.
                                                  amendments: 10 minutes.                                 [FR Doc. 2016–27298 Filed 11–10–16; 8:45 am]          7100–0344) and to extend for three
                                                     Estimated Annual Burden Hours: 4                     BILLING CODE 6210–01–P                                years, without revision, the payment
                                                  hours.                                                                                                        card network survey (FR 3064b; OMB
                                                     General Description of Report: The                                                                         No. 7100–0344) by the Board of
                                                  Securities Exchange Act of 1934 (the                    FEDERAL RESERVE SYSTEM                                Governors of the Federal Reserve
                                                  Act) requires any person acting as a                                                                          System (Board) under OMB delegated
                                                  transfer agent to register as such and to               Change in Bank Control Notices;                       authority, as per 5 CFR 1320.16 (OMB
                                                  amend registration information when it                  Acquisitions of Shares of a Bank or                   Regulations on Controlling Paperwork
                                                  changes. State member banks (SMBs)                      Bank Holding Company                                  Burdens on the Public). Board-approved
                                                  and their subsidiaries, bank holding                                                                          collections of information are
                                                  companies (BHCs), savings and loan                        The notificants listed below have                   incorporated into the official OMB
                                                  holding companies (SLHCs), and certain                  applied under the Change in Bank                      inventory of currently approved
                                                  nondeposit trust company and other                                                                            collections of information. Copies of the
                                                                                                          Control Act (12 U.S.C. 1817(j)) and
                                                  subsidiaries of BHCs register with the                                                                        Paperwork Reduction Act Submission,
                                                                                                          § 225.41 of the Board’s Regulation Y (12
                                                  Federal Reserve System by submitting                                                                          supporting statements and approved
                                                  Form TA–1. The information collected                    CFR 225.41) to acquire shares of a bank
                                                                                                          or bank holding company. The factors                  collection of information instrument(s)
                                                  is available to the public upon request                                                                       are placed into OMB’s public docket
                                                  and includes the company name, all                      that are considered in acting on the
                                                                                                          notices are set forth in paragraph 7 of               files. The Federal Reserve may not
                                                  business addresses, and answers to                                                                            conduct or sponsor, and the respondent
                                                  three questions about the registrant’s                  the Act (12 U.S.C. 1817(j)(7)).
                                                                                                                                                                is not required to respond to, an
                                                  proposed activities as a transfer agent.                  The notices are available for                       information collection that has been
                                                  The Federal Reserve uses the                            immediate inspection at the Federal                   extended, revised, or implemented on or
                                                  information to act upon registration                    Reserve Bank indicated. The notices                   after October 1, 1995, unless it displays
                                                  applications and to aid in performing its               also will be available for inspection at              a currently valid OMB control number.
                                                  supervisory duties.                                     the offices of the Board of Governors.
                                                     Current Actions: On June 10, 2016,                                                                         FOR FURTHER INFORMATION CONTACT:
                                                                                                          Interested persons may express their                     Federal Reserve Board Clearance
                                                  the Board, FDIC, and OCC jointly
                                                                                                          views in writing to the Reserve Bank                  Officer —Nuha Elmaghrabi—Office of
                                                  published an initial notice in the
                                                                                                          indicated for that notice or to the offices           the Chief Data Officer, Board of
                                                  Federal Register 1 requesting public
                                                  comment for 60 days on the extension,                   of the Board of Governors. Comments                   Governors of the Federal Reserve
                                                  with revision, of Form TA–1. The Board                  must be received not later than                       System, Washington, DC 20551, (202)
                                                  proposed to revise the Form TA–1 to                     November 29, 2016.                                    452–3829. Telecommunications Device
                                                  require submission of the form to a                       A. Federal Reserve Bank of                          for the Deaf (TDD) users may contact
                                                  designated Federal Reserve Board email                  Minneapolis (Jacquelyn K. Brunmeier,                  (202) 263–4869, Board of Governors of
                                                  address, as well as certain other                       Assistant Vice President) 90 Hennepin                 the Federal Reserve System,
                                                  instructional clarifications.2 The                                                                            Washington, DC 20551.
                                                                                                          Avenue, Minneapolis, Minnesota
                                                  comment period for this notice expired                                                                           OMB Desk Officer—Shagufta
                                                                                                          55480–0291:                                           Ahmed—Office of Information and
                                                  on August 9, 2016. The Board did not
                                                  receive any comments. The revisions                       1. Michael L. Frei, Wagner, South                   Regulatory Affairs, Office of
                                                  will be implemented as proposed.                        Dakota, individually and with power to                Management and Budget, New
                                                     Legal Authorization and                              vote the shares held in the Jill M. Frei              Executive Office Building, Room 10235,
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Confidentiality: The Form TA–1 is                       Trust, to retain control of 25 percent or             725 17th Street NW., Washington, DC
                                                                                                          more of the shares of Commercial                      20503.
                                                    1 See 81 FR 37665.                                    Holding Company, Wagner, South                           Final approval under OMB delegated
                                                    2 The  proposed revisions remove references to the    Dakota, and thereby indirectly control of             authority of the extension for three
                                                  Office of Thrift Supervision, clarify the definition                                                          years, with revision, of the following
                                                  of a ‘qualifying security’ pursuant to regulatory
                                                                                                          Commercial State Bank of Wagner,
                                                  changes, and alter the number of Form TA–1 copies       Wagner, South Dakota.                                 report:
                                                  registrants are required to file with the Federal                                                                Report Title: Interchange Transaction
                                                  Reserve Board.                                                                                                Fees Surveys.


                                             VerDate Sep<11>2014   17:26 Nov 10, 2016   Jkt 241001   PO 00000   Frm 00074   Fmt 4703   Sfmt 4703   E:\FR\FM\14NON1.SGM   14NON1


                                                                             Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices                                                     79485

                                                     Agency Form Number: FR 3064a                           participate and to policymakers in                     industry associations, which concerned
                                                  (Extended with revision) and FR 3064b                     assessing the effect of Regulation II on               the debit card issuer survey (FR 3064a).
                                                  (Extended without revision).                              the level of interchange fees received by              The commenters in this letter
                                                     OMB Control Number: 7100–0344.                         issuers over time.                                     commended the Federal Reserve for
                                                     Frequency: FR 3064a—Biennial; FR                          However, the remaining individual                   proposing a full 90-day period for
                                                  3064b—Annual.                                             issuer and payment card information                    respondents to complete the survey, but
                                                     Respondents: Issuers of debit cards                    collected on these surveys can be kept                 suggested that the 90-day period
                                                  (FR 3064a) and payment card networks                      confidential under exemption (b)(4) of
                                                  (FR 3064b).                                                                                                      commence in mid-February rather than
                                                                                                            the Freedom of Information Act (FOIA)                  mid-January, because respondents
                                                     Estimated Annual Burden Hours: FR                      because staff has advised that, if
                                                  3064a: 89,280 hours; FR 3064b: 1,275                                                                             generally cannot begin collecting the
                                                                                                            released, this information would cause
                                                  hours.                                                                                                           requested data until February. The
                                                                                                            substantial harm to the competitive
                                                     Estimated Average Hours per                                                                                   commenters suggested several changes
                                                                                                            position of the survey respondents.5
                                                  Response: FR 3064a: 160 hours; FR                            Abstract: The Wall Street Reform and                to the online reporting tool which they
                                                  3064b: 75 hours.                                          Consumer Protection Act of 2010 (Dodd-                 argued would facilitate completion of
                                                     Number of Respondents: FR 3064a:                       Frank Act) requires the Federal Reserve                the survey. The commenters also
                                                  558; FR 3064b: 17.                                        to disclose, at least every two years,                 suggested that the survey no longer ask
                                                     General description of report: The FR                                                                         respondents to provide information on
                                                                                                            such aggregate or summary information
                                                  3064a and 3064b surveys are authorized                                                                           interchange fees repaid as a result of
                                                                                                            concerning the costs incurred for, and
                                                  by subsection 920(a) of the Electronic                                                                           chargebacks and, separately,
                                                                                                            interchange transaction fees received by,
                                                  Fund Transfer Act, which was amended
                                                                                                            issuers with respect to debit card                     interchange fees repaid as a result of
                                                  by section 1075(a) of the Dodd-Frank
                                                                                                            transactions, as the Federal Reserve                   returns, but instead ask respondents to
                                                  Act.1 This statutory provision requires
                                                  the Federal Reserve, at least once every                  considers appropriate or in the public                 provide a single number that is
                                                  two years,2 to disclose aggregate or                      interest. The data from these surveys are              interchange fees repaid as a result of
                                                  summary information concerning the                        used in fulfilling that disclosure                     chargebacks or returns. In addition, the
                                                  costs incurred and interchange                            requirement. In addition, the Federal                  commenters argued that the survey’s
                                                  transaction fees charged or received by                   Reserve uses data from the payment                     definition of ‘‘costs of authorization,
                                                  issuers or payment card networks in                       card network survey (FR 3064b) to                      clearance, and settlement’’ fails to
                                                  connection with the authorization,                        publicly report on an annual basis the                 include all costs related to a debit card
                                                  clearance or settlement of electronic                     extent to which networks have                          issuer’s authorization, clearance, and
                                                  debit transaction, as the Federal Reserve                 established separate interchange fees for              settlement activities, and they
                                                  considers appropriate and in the public                   exempt and covered issuers. Finally, the               recommended expanding the definition
                                                  interest.3 It also provides the Federal                   Federal Reserve uses the data from these               to include additional cost items. Lastly,
                                                  Reserve with authority to require issuers                 surveys in determining whether to
                                                                                                                                                                   the commenters suggested that
                                                  and payment card networks to provide                      propose revisions to the interchange fee
                                                                                                                                                                   international fraud losses be included as
                                                  information to enable the Federal                         standards in Regulation II (12 CFR part
                                                                                                                                                                   part of reported fraud losses.
                                                  Reserve to carry out the provisions of                    235). The Dodd-Frank Act provides the
                                                                                                            Federal Reserve with authority to                         In addition to revisions that were
                                                  the subsection.4 The obligation to
                                                                                                            require debit card issuers and payment                 already suggested and were supported
                                                  respond to these surveys is mandatory.
                                                     In accordance with the statutory                       card networks to submit information in                 by the commenters, the Federal Reserve
                                                  requirement, the Federal Reserve will                     order to carry out provisions of the                   revised the debit card issuer survey to
                                                  release aggregate or summary                              Dodd-Frank Act regarding interchange                   incorporate certain additional
                                                  information from the survey responses.                    fee standards.                                         suggestions from the commenters. In
                                                  In addition, the Federal Reserve will                        Current Actions: On August 9, 2016                  particular, the Federal Reserve is
                                                  release, at the network level, the                        the Federal Reserve published a notice                 commencing the survey at the beginning
                                                  percentage of total number of                             in the Federal Register (81 FR 52689)                  of February, providing a total line for
                                                  transactions, the percentage of total                     requesting public comment for 60 days                  interchange fees repaid as a result of
                                                  value of transactions, and the average                    on the extension, with revision, of the                chargebacks or returns, and making
                                                  transaction value for exempt and not-                     Interchange Transaction Fees Surveys.                  certain technical changes to the
                                                  exempt issuers obtained on the FR                         The comment period for this notice                     reporting tool for the survey. The
                                                  3064b. The Federal Reserve has                            expired on October 11, 2016. The
                                                                                                                                                                   Federal Reserve is not expanding the
                                                  determined to release this information                    Federal Reserve received one joint
                                                                                                                                                                   survey to include international fraud
                                                  both because it can already be                            comment letter addressing this
                                                                                                                                                                   losses or additional cost elements.
                                                  determined mathematically based on                        collection, which are summarized and
                                                  the information the Federal Reserve                       addressed below.
                                                  currently releases on average                             Summary Discussion of Public
                                                  interchange fees and because the                          Comments and Recommended
                                                  Federal Reserve believes the release of                   Responses 6
                                                  such information may be useful to
                                                                                                              The Federal Reserve received one
                                                  issuers and merchants in choosing
                                                                                                            joint comment letter from eight banking
                                                  payment card networks in which to
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                                                                                                               5 5 U.S.C. 552(b)(4) (exempting from disclosure
                                                    1 15  U.S.C. 1693o–2.                                   ‘‘trade secrets and commercial or financial
                                                    2 The  subsection refers to biannual disclosures        information obtained from a person and privileged
                                                  and the Federal Reserve interprets this to mean           or confidential’’).
                                                  once every two years. See 76 FR 43458 (July 20,              6 On August 2, 2016, the Federal Reserve Board      ended on October 11, 2016. The Federal Reserve
                                                  2011).                                                    granted initial approval of these surveys. Notice of   received one comment letter addressing the
                                                    3 15 U.S.C. 1693o–2(a)(3)(B).                                                                                  proposed revisions to the FR 3064 information
                                                                                                            the proposed action was published in the Federal
                                                    4 Id.                                                   Register on August 9, 2016; the comment period         collection.



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                                                  79486                      Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices

                                                  Detailed Discussion of Public                           Regulation II and would represent a                        The Federal Reserve added a line item
                                                  Comments and Recommended                                significant burden to respondents.                      in which respondents are asked to
                                                  Responses                                                  The commenters suggested that                        provide the value that commenters
                                                                                                          international fraud losses be included as               argue is readily available: interchange
                                                  Debit Card Issuer Survey (FR 3064a)
                                                                                                          part of reported fraud losses. The                      fees repaid as a result of chargebacks or
                                                  Section-by-Section Analysis                             commenters argued that international                    returns. However, the Federal Reserve
                                                  Section II: All Debit Card Transactions,                fraud losses should be considered as                    will continue to also ask respondents to
                                                  Section III: All Single-Message (PIN)                   part of the fraud losses associated with                provide a breakdown of this total
                                                  Debit Card Transactions, Section IV: All                domestic transactions for U.S.-issued                   number into interchange fees repaid as
                                                  Dual-Message (Signature) Debit Card                     debit cards because the data                            a result of chargebacks and, separately,
                                                  Transactions, and Section V: General-                   compromise leading to the fraudulent
                                                                                                                                                                  interchange fees repaid as a result of
                                                  Use Prepaid Card Transactions                           debit card activity frequently occurs in
                                                                                                                                                                  returns. Respondents will, as always,
                                                                                                          the United States and generates
                                                     Question 3: Cost of authorization,                                                                           have the option of entering ‘‘not
                                                                                                          fraudulent international transactions
                                                  clearance, and settlement—The Federal                   even if the cardholder never leaves the                 reported’’ for those items.
                                                  Reserve proposed to delete questions 3e                 United States. The commenters likened                   General Instructions
                                                  and 3f which break out the fixed and                    this to the Federal Reserve allowing
                                                  variable cost components for line items                 respondents to include costs from                         The Federal Reserve proposed to
                                                  3b.1 In-house costs and 3b.2 Third-party                international transaction processing                    make the survey available in mid-
                                                  processing fees, respectively. The                      centers when reporting the costs                        January, with a deadline in mid-April,
                                                  commenters strongly supported this                      associated with U.S.-issued debit cards.                thereby giving respondents a full 90
                                                  proposal. They argued that the                          The commenters acknowledge that the                     days in which to provide responses. The
                                                  allocation of costs to fixed and variable               Federal Reserve’s authority to regulate                 commenters commended the Federal
                                                  components places an undue burden on
                                                                                                          debit card activity is restricted to the                Reserve for proposing a 90-day
                                                  respondents by forcing them to
                                                                                                          United States, but argued that this does                completion period, but suggested that
                                                  categorize costs in an artificial manner
                                                                                                          not preclude the Federal Reserve from                   the 90-day period begin in mid-February
                                                  outside of respondents’ standard cost
                                                                                                          considering costs that occurred outside                 rather than in mid-January. The
                                                  accounting practices. The Federal
                                                                                                          of the United States, if those costs could              commenters noted that issuers will not
                                                  Reserve believes that the commenters’
                                                                                                          not have been incurred but for the                      have the required data to respond to the
                                                  support for this change validates the
                                                                                                          issuance of a U.S. debit card.                          survey before mid-February; for
                                                  Federal Reserve’s proposal to remove
                                                                                                             International fraud losses arise from
                                                  these items.                                                                                                    instance, processors and networks often
                                                     The commenters further believe that                  international transactions, not domestic
                                                                                                                                                                  do not provide invoices to issuers until
                                                  the definition of ‘‘costs of authorization,             transactions, and are therefore outside
                                                                                                                                                                  mid-January or later. Also, commenters
                                                  clearance, and settlement’’ fails to                    the scope of Regulation II.7 As such,
                                                                                                          international fraud losses are analogous                argued that the necessary personnel are
                                                  include all costs related to a debit card                                                                       unavailable to begin completing the
                                                  issuer’s authorization, clearance, and                  to ATM fraud losses, which are also not
                                                                                                          included. The commenters noted that                     survey until other end-of-year closing
                                                  settlement activities. The commenters                                                                           activities are complete.
                                                  provided a list of categories of costs that             costs incurred at international
                                                  should be included and recommended                      transaction processing centers are                        The Federal Reserve is making the
                                                  that these categories be reported as                    included, but that is because costs                     survey available at the beginning of
                                                  individual cost items, if they are not                  incurred at those processing centers are                February instead of mid-January, and
                                                  already. Specifically, the commenters                   still associated with domestic                          due in early May rather than mid-April,
                                                  recommended expanding the definition                    transactions, whereas international                     in order to address the timing concerns
                                                  to include the following items: costs                   fraud losses are not associated with                    raised by the commenters.
                                                  associated with receiving, responding                   domestic transactions. Thus,
                                                                                                                                                                    The commenters also proposed three
                                                  to, and resolving customer inquiries                    international fraud losses will not be
                                                                                                          reported.                                               changes to the online reporting tool for
                                                  with respect to debit card transactions;                                                                        the survey. First, commenters
                                                  debit card transaction compliance costs;                   Question 6: Interchange fee revenue—
                                                                                                          The commenters suggested that the                       recommended that the online survey
                                                  debit card transaction non-sufficient                                                                           round entries to the nearest whole
                                                  funds handing costs; card production                    survey no longer ask respondents to
                                                                                                          provide information on interchange fees                 dollar. Second, commenters
                                                  and delivery costs; and a portion of                                                                            recommended that entries be right-
                                                  costs related to establishing and                       repaid as a result of chargebacks and,
                                                                                                          separately, interchange fees repaid as a                justified. Third, commenters suggested
                                                  maintaining debit account relationships.
                                                     The Federal Reserve is keeping the set               result of returns. The commenters                       that there be a way for respondents to
                                                  of data elements as proposed. Some of                   argued that payment networks                            consolidate all of entries, across all
                                                  the proposed categories of costs (e.g.,                 providing interchange fee information                   sections, into a single editable
                                                  cardholder inquiry and non-sufficient                   do not readily provide a breakdown of                   spreadsheet. The Federal Reserve is
                                                  funds handling costs) are already                       chargebacks and returns, such that                      making all of these changes, subject to
                                                  included in the survey, and all of the                  respondents are often forced to make                    any unanticipated technical difficulties
                                                  proposed categories are costs that the                  arbitrary allocations. The commenters                   that may arise in the current interface.
                                                  Federal Reserve determined would not                    suggested that the survey instead ask
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                                                                                                          respondents to provide a single value                   Payment Card Network Survey (FR
                                                  be considered as part of the interchange                                                                        3064b)
                                                  fee standard in Regulation II. Including                consisting of interchange fees repaid as
                                                  these additional cost categories and                    a result of chargebacks or returns.
                                                                                                                                                                    The Federal Reserve received no
                                                  requiring issuers to report at a more                     7 Regulation
                                                                                                                                                                  comments on the Payment Card
                                                                                                                         II applies only to electronic debit
                                                  detailed level would not significantly                  transactions that are initiated at a merchant located   Network survey (FR 3064b).
                                                  enhance the Federal Reserve’s                           in the United States. See paragraph 235.2(h)–5 of
                                                  understanding of the relevant costs for                 the Official Commentary on Regulation II.



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                                                                             Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices                                            79487

                                                    Board of Governors of the Federal Reserve             Capital Corporation, La Jolla, California             Commission, Room CC–5301, 600
                                                  System, November 8, 2016.                               through BankCap Partners Opportunity                  Pennsylvania Ave. NW., Washington,
                                                  Robert deV. Frierson,                                   Fund, L.P., Dallas, Texas. Silvergate                 DC 20580, or by telephone to (202) 326–
                                                  Secretary of the Board.                                 Capital Corporation controls Silvergate               2740.
                                                  [FR Doc. 2016–27299 Filed 11–10–16; 8:45 am]            Bank, La Jolla, California.                           SUPPLEMENTARY INFORMATION: On August
                                                  BILLING CODE 6210–01–P                                    Board of Governors of the Federal Reserve           12, 2016, the Commission sought
                                                                                                          System, November 7, 2016.                             comment on the reporting requirements
                                                                                                          Robert deV. Frierson,                                 associated with the HSR Rules and
                                                  FEDERAL RESERVE SYSTEM                                  Secretary of the Board.                               corresponding Notification and Report
                                                                                                          [FR Doc. 2016–27227 Filed 11–10–16; 8:45 am]          Form. 81 FR 53484. No relevant
                                                  Formations of, Acquisitions by, and                                                                           comments were received. Pursuant to
                                                  Mergers of Bank Holding Companies                       BILLING CODE 6210–01–P
                                                                                                                                                                the OMB regulations, 5 CFR part 1320,
                                                    The companies listed in this notice                                                                         that implement the PRA, 44 U.S.C. 3501
                                                  have applied to the Board for approval,                                                                       et seq., the FTC is providing this second
                                                                                                          FEDERAL TRADE COMMISSION
                                                  pursuant to the Bank Holding Company                                                                          opportunity for public comment while
                                                  Act of 1956 (12 U.S.C. 1841 et seq.)                    Agency Information Collection                         seeking OMB approval to renew the pre-
                                                  (BHC Act), Regulation Y (12 CFR part                    Activities; Submission for OMB                        existing clearance for those information
                                                  225), and all other applicable statutes                 Review; Comment Request; Extension                    collection requirements. For more
                                                  and regulations to become a bank                                                                              details about the requirements of the
                                                  holding company and/or to acquire the                   AGENCY: Federal Trade Commission                      HSR Rules, the background behind
                                                  assets or the ownership of, control of, or              (‘‘Commission’’ or ‘‘FTC’’).                          these information collection provisions,
                                                  the power to vote shares of a bank or                   ACTION: Notice.                                       and the basis for the calculations
                                                  bank holding company and all of the                                                                           summarized below, see 81 FR 53484.
                                                                                                          SUMMARY:   The information collection
                                                  banks and nonbanking companies                          requirements described below will be                  Burden Statement
                                                  owned by the bank holding company,                      submitted to the Office of Management
                                                  including the companies listed below.                                                                            The following burden estimates are
                                                                                                          and Budget (‘‘OMB’’) for review, as                   primarily based on FTC data concerning
                                                    The applications listed below, as well
                                                                                                          required by the Paperwork Reduction                   the number of HSR filings and staff’s
                                                  as other related filings required by the
                                                                                                          Act (‘‘PRA’’). The FTC is seeking public              informal consultations with HSR
                                                  Board, are available for immediate
                                                                                                          comments on its proposal to extend for                counsel; the explanations behind them
                                                  inspection at the Federal Reserve Bank
                                                                                                          an additional three years the current                 appear in the August 12, 2016 Federal
                                                  indicated. The applications will also be
                                                                                                          PRA clearance for reporting                           Register Notice alluded to above. Minor
                                                  available for inspection at the offices of
                                                                                                          requirements in its Antitrust                         revisions below to some of the prior
                                                  the Board of Governors. Interested
                                                                                                          Improvements Act Rules (‘‘HSR Rules’’)                calculations reflect the assumption that
                                                  persons may express their views in
                                                                                                          and corresponding Notification and                    a transaction withdrawn and later
                                                  writing on the standards enumerated in
                                                                                                          Report Form for Certain Mergers and                   refiled will entail two filings per
                                                  the BHC Act (12 U.S.C. 1842(c)). If the
                                                                                                          Acquisitions (‘‘Notification and Report               transaction.
                                                  proposal also involves the acquisition of
                                                                                                          Form’’). That clearance expires on                       Estimated total annual hours: 168,486
                                                  a nonbanking company, the review also
                                                                                                          December 31, 2016.                                    hours.
                                                  includes whether the acquisition of the
                                                  nonbanking company complies with the                    DATES: Comments must be filed by                      [(4,553 non-index filings × 37 hours/
                                                  standards in section 4 of the BHC Act                   December 14, 2016.                                          each) + (10 index filings × 2 hours/
                                                  (12 U.S.C. 1843). Unless otherwise                      ADDRESSES: Interested parties may file a                    each) + (1 withdrawn transaction
                                                  noted, nonbanking activities will be                    comment online or on paper, by                              later restarted × 5 hours))]
                                                  conducted throughout the United States.                 following the instructions in the                        Estimated total annual labor cost:
                                                    Unless otherwise noted, comments                      Request for Comment part of the                       $77,503,560.
                                                  regarding each of these applications                    SUPPLEMENTARY INFORMATION section                        Estimated total annual non-labor cost:
                                                  must be received at the Reserve Bank                    below. Write ‘‘HSR PRA Clearance                      $0.
                                                  indicated or the offices of the Board of                Extension, P169300’’ on your comment                     Request for Comment: You can file a
                                                  Governors not later than December 12,                   and file your comment online at https://              comment online or on paper. For the
                                                  2016.                                                   ftcpublic.commentworks.com/ftc/                       Commission to consider your comment,
                                                    A. Federal Reserve Bank of Chicago                    hsrrulespra2, by following the                        we must receive it on or before
                                                  (Colette A. Fried, Assistant Vice                       instructions on the web-based form. If                December 14, 2016. Write ‘‘HSR PRA
                                                  President) 230 South LaSalle Street,                    you prefer to file your comment on                    Clearance Extension, P169300’’ on your
                                                  Chicago, Illinois 60690–1414:                           paper, mail your comment to the                       comment. Your comment—including
                                                    1. United Community Bancorp, Inc.,                    following address: Federal Trade                      your name and your state—will be
                                                  Chatham, Illinois; to merge with Liberty                Commission, Office of the Secretary,                  placed on the public record of this
                                                  Bancshares, Inc., Alton, Illinois and                   600 Pennsylvania Avenue NW., Suite                    proceeding, including to the extent
                                                  thereby indirectly acquire Liberty Bank,                CC–5610 (Annex J), Washington, DC                     practicable, on the public Commission
                                                  Alton, Illinois.                                        20580, or deliver your comment to the                 Web site, at http://www.ftc.gov/os/
                                                    B. Federal Reserve Bank of Dallas                     following address: Federal Trade                      publiccomments.shtm. As a matter of
                                                  (Robert L. Triplett III, Senior Vice                    Commission, Office of the Secretary,                  discretion, the Commission tries to
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                                                  President) 2200 North Pearl Street,                     Constitution Center, 400 7th Street SW.,              remove individuals’ home contact
                                                  Dallas, Texas 75201–2272:                               5th Floor, Suite 5610 (Annex J),                      information from comments before
                                                    1. BankCap Equity Fund LLC,                           Washington, DC 20024.                                 placing them on the Commission Web
                                                  BankCap Partners GP L.P., and                           FOR FURTHER INFORMATION CONTACT:                      site.
                                                  BankCap Partners Fund I, L.P., both of                  Robert L. Jones, Assistant Director,                     Because your comment will be made
                                                  Dallas, Texas; to acquire up to 24.73                   Premerger Notification Office, Bureau of              public, you are solely responsible for
                                                  percent of voting shares of Silvergate                  Competition, Federal Trade                            making sure that your comment does


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Document Created: 2018-10-24 10:46:10
Document Modified: 2018-10-24 10:46:10
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
ActionOn August 9, 2016 the Federal Reserve published a notice in the Federal Register (81 FR 52689) requesting public comment for 60 days on the extension, with revision, of the Interchange Transaction Fees Surveys. The comment period for this notice expired on October 11, 2016. The Federal Reserve received one joint comment letter
ContactFederal Reserve Board Clearance Officer --Nuha Elmaghrabi--Office of the Chief Data Officer, Board of Governors of the Federal Reserve System, Washington, DC 20551, (202) 452-3829. Telecommunications Device for the Deaf (TDD) users may contact (202) 263-4869, Board of Governors of the Federal Reserve System, Washington, DC 20551.
FR Citation81 FR 79484 

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