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69500 Federal Register / Vol. 71, No.

231 / Friday, December 1, 2006 / Proposed Rules

(c) When performing inspections of FEDERAL RESERVE SYSTEM Device for the Deaf (TDD) only, contact
products from sea containers unloaded (202) 263–4869.
directly from sea transportation or when 12 CFR Part 205 SUPPLEMENTARY INFORMATION:
palletized products unloaded directly [Regulation E; Docket No. R–1270]
from sea transportation are not offered I. Statutory Background
for inspection at dock-side, the carlot Electronic Fund Transfers The Electronic Fund Transfer Act (15
fees in ‘‘a’’ of this section shall apply. U.S.C. 1693 et seq.) (EFTA or Act),
(d) When performing inspections for AGENCY: Board of Governors of the enacted in 1978, provides a basic
Government agencies, or for purposes Federal Reserve System. framework establishing the rights,
other than those prescribed in ACTION: Proposed rule; request for liabilities, and responsibilities of
paragraphs (a) through (c) of this public comment. participants in electronic fund transfer
section, including weight-only and (EFT) systems. The EFTA is
freezing-only inspections, fees for SUMMARY: The Board is proposing to implemented by the Board’s Regulation
inspections shall be based on the time amend Regulation E, which implements E (12 CFR part 205). Examples of the
consumed by the grader in connection the Electronic Fund Transfer Act, and types of transfers covered by the Act
with such inspections, computed at a the official staff commentary to the and regulation include transfers
rate of $64 ($74) per hour: regulation, which interprets the initiated through an automated teller
Provided, that: requirements of Regulation E. The machine (ATM), point-of-sale (POS)
(1) Charges for time shall be rounded proposed amendments would create an terminal, automated clearinghouse
to the nearest half hour; exception for certain small-dollar (ACH), telephone bill-payment plan, or
(2) The minimum fee shall be two transactions from the requirement that remote banking service. The Act and
hours for weight-only inspections, and terminal receipts be made available to regulation provide for the disclosure of
one-half hour for other inspections; consumers at the time of the transaction. terms and conditions of an EFT service;
(3) When weight certification is DATES: Comments must be received on documentation of EFTs by means of
provided in addition to quality and/or or before January 30, 2007. terminal receipts and periodic account
condition inspection, a one-hour charge ADDRESSES: You may submit comments, activity statements; limitations on
shall be added to the carlot fee; identified by Docket No. R–1270, by any consumer liability for unauthorized
(4) When inspections are performed to of the following methods: transfers; procedures for error
certify product compliance for Defense • Agency Web Site: http:// resolution; and certain rights related to
Personnel Support Centers, the daily or www.federalreserve.gov. Follow the preauthorized EFTs. Further, the Act
weekly charge shall be determined by instructions for submitting comments at and regulation also restrict the
multiplying the total hours consumed to http://www.federalreserve.gov/ unsolicited issuance of ATM cards and
conduct inspections by the hourly rate. generalinfo/foia/ProposedRegs.cfm. other access devices.
The daily or weekly charge shall be • Federal eRulemaking Portal: http:// The official staff commentary (12 CFR
prorated among applicants by www.regulations.gov. Follow the part 205 (Supp. I)) interprets the
multiplying the daily or weekly charge instructions for submitting comments. requirements of Regulation E to
by the percentage of product passed • E-mail: facilitate compliance and provides
and/or failed for each applicant during regs.comments@federalreserve.gov. protection from liability under Sections
that day or week. Waiting time and Include the docket number in the 915 and 916 of the EFTA for financial
overtime charges shall be charged subject line of the message. institutions and other persons subject to
directly to the applicant responsible for • FAX: (202) 452–3819 or (202) 452– the Act. 15 U.S.C. 1693m(d)(1). The
their incurrence. 3102. commentary is updated periodically to
(e) When performing inspections at • Mail: Jennifer J. Johnson, Secretary, address significant questions that arise.
the request of the applicant during Board of Governors of the Federal
periods which are outside the grader’s II. Background
Reserve System, 20th Street and
regularly scheduled work week, a Constitution Avenue, NW., Washington, Historically, consumers have tended
charge for overtime or holiday work DC 20551. to use cash to make small-dollar
shall be made at the rate of $33 ($38) per All public comments are available purchases, for example, to buy food or
hour or portion thereof in addition to from the Board’s Web site at http:// beverages from a vending machine or to
the carlot equivalent fee, package www.federalreserve.gov/generalinfo/ pay for a subway fare.1 Data from the
charge, or hourly charge specified in foia/ProposedRegs.cfm as submitted, payment card associations indicates,
this subpart. Overtime or holiday unless modified for technical reasons. however, that in certain market
charges for time shall be rounded to the Accordingly, your comments will not be segments, consumers are increasingly
nearest half hour. edited to remove any identifying or using credit and debit cards in place of
(f) When an inspection is delayed cash, even for small-dollar
contact information. Public comments
because product is not available or transactions.2 This shift in consumer
may also be viewed electronically or in
readily accessible, a charge for waiting
paper form in Room MP–500 of the
time shall be made at the prevailing 1 According to one industry estimate, consumers
Board’s Martin Building (20th and C
hourly rate in addition to the carlot spent more than $1 trillion on transactions less than
Streets, NW.) between 9 a.m. and 5 p.m. $5 in 2003, with an average payment of $3.72. See
equivalent fee, package charge, or
on weekdays. TowerGroup, ‘‘Making Sense from Cents: Trends in
hourly charge specified in this subpart. the Rebirth of Electronic Micropayments’’ (July
Waiting time shall be rounded to the FOR FURTHER INFORMATION CONTACT: Ky
2004).
Tran-Trong or David A. Stein, Counsels,
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nearest half hour. 2 See ‘‘More and More Consumers Use Visa to
or Vivian W. Wong, Attorney, Division Make Small Purchases,’’ Visa Press Release (August
Dated: November 27, 2006. of Consumer and Community Affairs, 24, 2006) (reporting double digit growth in the use
Lloyd C. Day, Board of Governors of the Federal of payment cards in the first six months of 2006
Administrator, Agriculture Marketing Service. compared to the same period in 2005); ‘‘MasterCard
Reserve System, Washington, DC 20551, PayPass Increases Customer Loyalty and Moves
[FR Doc. E6–20315 Filed 11–30–06; 8:45 am] at (202) 452–2412 or (202) 452–3667. Payments Away From Cash,’’ Master Card Press
BILLING CODE 3410–02–P For users of Telecommunications Release (July 18, 2006). See also TowerGroup,

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Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Proposed Rules 69501

payment preferences in small-dollar made at an electronic terminal, consumer) through which a consumer
transactions is consistent with evidence regardless of the amount of the may initiate an EFT. Electronic
suggesting the declining use of cash as transaction. terminals include, but are not limited to,
a share of all payments.3 Consumers Board staff has received several POS terminals, ATM machines, and
have cited numerous reasons for using industry inquiries asking the Board to cash dispensing machines. See
debit cards over other payment consider eliminating the receipt § 205.2(h).6 Proposed § 205.9(a)(2)
methods, such as cash or checks. These requirement at POS terminals for small- would except EFTs of $15 or less from
reasons include convenience, shorter dollar transactions. According to the requirement that financial
checkout times, avoiding ATM fees or industry representatives, the receipt institutions make a terminal receipt
check printing fees, and the ability to requirement is a significant impediment available at the time of the transaction.
track and record payments.4 to allowing consumers to use debit The National Commission on
Merchants, financial institutions and cards to make small-dollar purchases Electronic Fund Transfers, whose
payment card associations have due to the cost of installing, servicing, recommendations provided much of the
responded to the shift in consumer and maintaining printers at POS basis for the EFTA, deemed the
preferences towards non-cash methods terminals. In addition, in some requirement to make available terminal
of payment for small-dollar transactions applications, such as for mass transit, receipts at the time a consumer initiates
in various ways. Payment card the additional time required to provide an EFT at an electronic terminal
associations have changed their rules to a receipt to each consumer using a debit necessary to provide consumers, ‘‘at a
enable quicker processing of card to pay for individual fares would minimum, records that provide the
transactions for both debit and credit add delays that would make it same information and can be used in the
cards. For example, these associations operationally unfeasible to allow same way as cancelled checks.’’ 7 The
have waived the signature and personal consumers to use debit cards for such legislative history of the Act indicates
identification number (PIN) transactions. that Congress was similarly concerned
authorization requirements for certain In light of the implementation costs about the importance of terminal
types of purchases under $25. Moreover, and other considerations and the receipts for EFTs as evidence of the
to encourage merchant acceptance of uncertain consumer benefit from transaction. In particular, Senate
payment cards, these associations have receipts for small-dollar transactions, Banking Committee Reports noted that
also reduced their debit and credit card the Board is proposing to create an ‘‘receipts * * * would give the
interchange rates for certain small-dollar exception from the terminal receipt consumer written verification of the
transactions.5 In addition, some card requirement for EFTs of $15 or less. The amount, date, and type of transfer and
issuers have integrated new proposed rule would facilitate the person paid.’’ S. Rep. No. 915, 95th
technologies into their products which electronic transactions in circumstances Cong., 2d Sess. 5 (1978).8 Receipts may
allow consumers to swipe or wave radio where the receipt requirement is also serve to assist consumers in
frequency-enabled cards or other sufficiently burdensome or impractical tracking their purchases for account
devices to authorize payment in so as to potentially deter merchants management purposes.
‘‘contactless’’ transactions. These from allowing consumers to use According to industry representatives,
initiatives have reduced the amount of electronic methods of payment. start-up, servicing, and maintenance
time consumers spend at checkout, Moreover, it is unclear whether costs arising from the terminal receipt
which has in turn allowed merchants to consumers typically request or retain requirements pose a significant obstacle
process more transactions in the same receipts for small-dollar transactions at to the industry’s efforts to offer cashless
amount of time. POS terminals. As further discussed in payment options for small-dollar
more detail in the section-by-section purchases in certain retail
III. Summary of Proposed Revision environments. For example, in retail
analysis, the Board also believes that the
When a debit card is used to pay for environments which exclusively handle
risks to consumers of not receiving a
a purchase at a POS terminal, small-dollar transactions, such as
receipt for their transactions (and the
Regulation E requires that a receipt vending machines or parking meters,
setting forth transaction information benefit of receiving a receipt) would be
installing and maintaining additional
about the EFT be made available to the minimal given the small value of the
equipment capable of providing
consumer at that time. The receipt transaction. In particular, the Board
terminal receipts may not be cost-
requirement applies whenever an EFT is notes that consumers would continue to
effective. In other circumstances, the
receive a listing of each transaction on
requirement to provide receipts may be
their periodic statements, regardless of
‘‘Anticipating Micropayment Growth’’ (October impractical, such as in the case of mass-
2005) (indicating nearly $3 billion in growth (up to the transaction amount, and would have
transit systems where the time required
$13.5 billion) for transactions less than $5 using the right to assert errors that may arise
debit and credit cards between 2003 and 2004). to print a receipt for each consumer
from any such transaction, provided
3 See Geoffrey Gerdes and Jack Walton II, ‘‘Trends purchasing single fares with a debit card
in the Use of Payment Instruments in the United
such notice was provided within the
States,’’ Federal Reserve Bulletin 180, 181 (Spring required time frames. 6 The terminal receipt requirement does not apply
2005). to transactions initiated through a telephone
4 See Ron Borzekowski, Elizabeth Kiser, and IV. Section-by-Section Analysis
operated by a consumer, or to transactions initiated
Shaista Ahmed, ‘‘Consumers’’ Use of Debit Cards: Section 205.9 Receipts at Electronic by a consumer ‘‘by a means analogous in function
Patterns, Preferences, and Price Response,’’ April to a telephone.’’ Thus, the receipt requirement does
2006. Working paper, Federal Reserve Board. See Terminals; Periodic Statements not apply to Internet transactions, where a
also Elizabeth Klee, ‘‘Paper or Plastic? The Effect of Under § 205.9(a), when a consumer consumer uses a computer to visit a merchant’s web
Time on Check and Debit Card Use at Grocery site to purchase goods or services. See § 205.2(h);
initiates an EFT at an electronic
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Stores,’’ February 2006. Working paper, Federal comment 2(h)–1(ii).


Reserve Board (concluding that based on an terminal, a receipt reflecting the 7 National Commission on Electronic Fund
analysis of grocery store scanner data, consumer transaction details must be made Transfers, EFT in the United States: Policy
preferences for debit cards over checks is available to the consumer at the time of Recommendations in the Public Interest 47–48
significantly driven by the differences in (1977).
transaction time). the transaction. An electronic terminal 8 See also S. Rep. No. 1273, 95th Cong., 2d Sess.
5 See, e.g., ‘‘Visa Takes Big Steps Into Small is defined as any electronic device 30 (1978); H.R. Rep. No. 1315, 95th Cong., 2d Sess.
Payments,’’ Visa Press Release (April 11, 2006). (other than a telephone operated by a 6 (1978).

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69502 Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Proposed Rules

would cause delays that would exception would apply to all types of error resolution purposes. Comment is
significantly conflict with a transit transfers initiated by a consumer at an requested on whether any additional
system’s need to handle a heavy volume electronic terminal, including signature- consumer protections are necessary for
of transactions within short time based and personal identification consumers who would not receive
periods. Anecdotally, industry number (PIN)-based debits from the receipts under the proposed rule.
representatives also report that in retail consumer’s account. To simplify the Comment is also requested on the dollar
environments in which the transaction rule and in light of the broad definition amount threshold set forth in the
amount is typically low, such as of EFT under the regulation, the proposed rule.
convenience stores and quick-service proposed exception would also apply to
restaurants, consumers often choose not Section 205.11 Procedures for
deposits at ATMs or other electronic
to request or retain receipts for those Resolving Errors
terminals of $15 or less. See
transactions. Thus, in the absence of any § 205.3(b)(1); comment 3(b)(1)–1(i). 11(a) Definition of Error
relief from the receipt requirement, However, the Board anticipates that New comment 11(a)–6 would provide
merchants may choose to forego the financial institutions would, for that the fact that an institution does not
acceptance of debit cards entirely, operational reasons, continue to make make a terminal receipt available for a
thereby limiting consumer payment receipts available for ATM transactions, transaction of $15 or less is not a billing
choices. regardless of the amount of the transfer.
To facilitate the ability of consumers error for purposes of §§ 205.11(a)(1)(vi)
In proposing the $15 threshold under or (vii).
to use electronic payment methods in which no terminal receipt would be
circumstances where providing receipts required, the Board has considered a V. Initial Regulatory Flexibility
may not be practical or cost-effective, variety of factors, including the average Analysis
the Board is proposing to exercise its dollar transaction amount for the The Regulatory Flexibility Act (5
authority under Section 904(c) of the various market segments for which this U.S.C. 601 et seq.) (RFA) generally
EFTA to create a limited exception from relief would be most useful 11 and the requires an agency to perform an
the terminal receipt requirement for benefit to consumers from receiving a assessment of the impact a rule is
small-dollar transactions.9 In weighing receipt in these transactions. While it expected to have on small entities.
the appropriateness for the exception, appears that a threshold of $5 or less However, under section 605(b) of the
the Board has also considered that the would enable consumers to use debit RFA, 5 U.S.C. 605(b), the regulatory
consumer benefit from receiving cards in the vast majority of the retail flexibility analysis otherwise required
receipts is likely to be minimal for these environments where cashless payment under section 604 of the RFA is not
transactions. While receipts may be options are contemplated, the Board required if an agency certifies, along
important for consumers for moderate to believes a $5 threshold would not be with a statement providing the factual
high value transactions, the Board flexible enough to accommodate price basis for such certification, that the rule
believes that receipts are less significant increases that may occur over time. In will not have a significant economic
for transactions of relatively small addition, setting too low a threshold impact on a substantial number of small
amounts because consumers are less may impede the future acceptance of entities. Based on its analysis and for
likely to retain them for proof of cashless methods of payments in the reasons stated below, the Board
payment or for account management additional retail environments, such as believes that this proposed rule will not
purposes given the limited risk of loss for parking meters and commuter rail have a significant economic impact on
to the consumer. Moreover, consumers systems.12 The Board believes the $15 a substantial number of small entities. A
will continue to receive a record of each threshold would provide sufficient final regulatory flexibility analysis will
transaction on monthly periodic flexibility for the industry to be conducted after consideration of
statements.10 In the event of a double accommodate consumer preferences for comments received during the public
debit or incorrect EFT amount in electronic forms of payment instead of comment period.
connection with a small-dollar cash in a variety of circumstances while 1. Statement of the need for, and
purchase, the consumer would retain ensuring that consumer protections objectives of, the proposed rule. The
the right to assert an error arising from provided by the regulation’s receipt Board is revising Regulation E to
that transaction with his or her financial provisions would be retained for provide financial institutions relief from
institution. In light of these moderate to higher-dollar transactions the requirement to make available
considerations, § 205.9(e) of the in which consumers may have more terminal receipts at the time of a
proposed rule would provide financial need for evidence of payment and for transaction, for EFTs of $15 or less.
institutions an exception from the The EFTA was enacted to provide a
requirement to provide a receipt at the 11 Vending industry data indicates that the
basic framework establishing the rights,
time the consumer initiates an EFT at an average cost in 2005 for food and beverages sold in
liabilities, and responsibilities of
electronic terminal where the value of vending machines was about 75 cents for candy, $1
for bottled beverages, and $2 for frozen and participants in electronic fund transfer
the transaction is $15 or less. The refrigerated food products. Automatic Merchandiser systems. The primary objective of the
40–62 (August 2006). In addition, a survey of major EFTA is the provision of individual
9 Section 904(c) of the EFTA provides that the transit systems in Boston, Chicago, New York, and
rules issued by the Board ‘‘may contain such Washington, DC, indicates maximum one-way fares consumer rights. 15 U.S.C. 1693. The
classifications, differentiations, or other provisions, ranging between $2 and $5 for subway systems. EFTA authorizes the Board to prescribe
and may provide for any adjustments and 12 For example, commuter one-way peak fares on regulations to carry out the purpose and
exceptions for any class of electronic fund the Long Island Railroad (LIRR) to or from New provisions of the statute. 15 U.S.C.
transfers’’ that in the judgment of the Board are York’s Pennsylvania Station range from just under
1693b(a). The Act expressly states that
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‘‘necessary or proper to effectuate the purposes of $6 to $20. See LIRR fare map (effective March 1,
[the Act], to prevent circumvention or evasion 2005), available at http://www.mta.nyc.ny.us the Board’s regulations may contain
thereof, or to facilitate compliance therewith.’’ (visited October 15, 2006). Similarly, one payment ‘‘such classifications, differentiations, or
10 Consumers that wish to keep a card association reported that in 2004, its average other provisions, * * * as, in the
contemporaneous record of their transactions could ticket for fast-food purchases using debit and credit
of course deduct the transaction amount promptly cards was just under $12. See John Stewart,
judgment of the Board, are necessary or
in their check registers or use a similar account ‘‘Micropayments, Macro-Market?’’ Digital proper to effectuate the purposes of [the
reconciliation process. Transactions (May 2005). Act], to prevent circumvention or

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Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Proposed Rules 69503

evasion [of the Act], or to facilitate reprogram and update their systems if language that would be deleted is set off
compliance [with the Act].’’ 15 U.S.C. they wish to make use of the proposed with bold-faced brackets. Comments are
1693b(c). The Board believes that the exception. The Federal Reserve numbered to comply with Federal
revisions to Regulation E discussed estimates that the total annual burden Register publication rules.
above are within Congress’s broad grant for this requirement for the 100
List of Subjects in 12 CFR Part 205
of authority to the Board to adopt estimated respondents likely to be
provisions that carry out the purposes of affected by this proposed rulemaking Consumer protection, Electronic fund
the statute. These revisions facilitate the would be 800 hours. This would transfers, Federal Reserve System,
use of electronic payment methods by increase the total annual burden of this Reporting and recordkeeping
consumers in circumstances where the information collection from 83,866 requirements.
value to the consumer of having a hours to 84,666 hours. For the reasons set forth in the
record of the transaction (i.e., the The other federal financial agencies preamble, the Board proposes to amend
terminal receipt) is limited. are responsible for estimating and 12 CFR part 205 and the Official Staff
2. Small entities affected by the reporting to OMB the total paperwork Commentary, as follows:
proposed rule. The requirement to make burden for the institutions for which
available receipts when a consumer they have administrative enforcement PART 205—ELECTRONIC FUND
initiates an EFT at an electronic authority. They may, but are not TRANSFERS (REGULATION E)
terminal applies to all financial required to, use the Federal Reserve’s
institutions, regardless of their size. burden estimates. Using the Federal 1. The authority citation for part 205
Accordingly, the proposed exception Reserve’s method, the total estimated would continue to read as follows:
would reduce the burden and annual burden for all financial Authority: 15 U.S.C. 1693b.
compliance costs for small institutions institutions subject to Regulation E, 2. Section 205.9 would be amended
by providing relief from the requirement including Federal Reserve-supervised by revising paragraph (a) and adding a
from the duty to make terminal receipts institutions, would be approximately new paragraph (e) as follows:
available to consumers at the time of the 1,397,572 hours. The above estimates
transaction, where the transaction represent an average across all § 205.9 Receipts at electronic terminals;
amount is small. respondents and reflect variations periodic statements.
3. Other federal rules. The Board has between institutions based on their size, (a) Receipts at electronic terminals.
not identified any federal rules that complexity, and practices. All covered [A] flGeneral. Except as provided in
duplicate, overlap, or conflict with the institutions, including retailers, ATM paragraph (e) of this section, a fi
proposed revisions to Regulation E. operators, and depository institutions financial institution shall make a receipt
4. Significant alternatives to the (of which there are approximately available to a consumer at the time the
proposed revisions. The Board solicits 19,300) potentially are affected by this consumer initiates an electronic fund
comment about additional ways to collection of information, and thus are transfer at an electronic terminal. The
reduce regulatory burden associated respondents for purposes of the PRA. receipt shall set forth the following
with this proposed rule. Comments are invited on: a. Whether information, as applicable:
the proposed collection of information (1) Amount. The amount of the
VI. Paperwork Reduction Act is necessary for the proper performance transfer. A transaction fee may be
In accordance with the Paperwork of the Federal Reserve’s functions; included in this amount, provided the
Reduction Act (PRA) of 1995 (44 U.S.C. including whether the information has amount of the fee is disclosed on the
3506; 5 CFR Part 1320 Appendix A.1), practical utility; b. the accuracy of the receipt and displayed on or at the
the Board reviewed the rule under the Federal Reserve’s estimate of the burden terminal.
authority delegated to the Board by the of the proposed information collection, (2) Date. The date the consumer
Office of Management and Budget including the cost of compliance; c. initiates the transfer.
(OMB). The collection of information ways to enhance the quality, utility, and (3) Type. The type of transfer and the
that is required by this proposed rule is clarity of the information to be type of the consumer’s account(s) to or
found in 12 CFR part 205. The Federal collected; and d. ways to minimize the from which funds are transferred. The
Reserve may not conduct or sponsor, burden of information collection on type of account may be omitted if the
and an organization is not required to respondents, including through the use access device used is able to access only
respond to, this information collection of automated collection techniques or one account at that terminal.
unless the information collection other forms of information technology. (4) Identification. A number or code
displays a currently valid OMB control Comments on the collection of that identifies the consumer’s account
number. The OMB control number is information should be sent to Michelle or accounts, or the access device used
7100–0200. Long, Federal Reserve Board Clearance to initiate the transfer. The number or
This information collection is Officer, Division of Research and code need not exceed four digits or
required to provide benefits for Statistics, Mail Stop 151–A, Board of letters to comply with the requirements
consumers and is mandatory (15 U.S.C. Governors of the Federal Reserve of this paragraph (a)(4).
1693 et seq.). The respondents/ System, Washington, DC 20551, with (5) Terminal location. The location of
recordkeepers are for-profit financial copies of such comments sent to the the terminal where the transfer is
institutions, including small businesses. Office of Management and Budget, initiated, or an identification such as a
Institutions are required to retain Paperwork Reduction Project (7100– code or terminal number. Except in
records for 24 months. 0200), Washington, DC 20503. limited circumstances where all
The proposed rule provides relief to
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terminals are located in the same city or


financial institutions from the Text of Proposed Revisions state, if the location is disclosed, it shall
requirement to make available terminal Certain conventions have been used include the city and state or foreign
receipts to consumers for all EFTs of to highlight the proposed changes to the country and one of the following:
$15 or less. Thus, for purposes of the text of the regulation and staff (i) The street address; or
PRA, respondents would face a one-time commentary. New language is shown (ii) A generally accepted name for the
burden of 8 hours (one business day) to inside bold-faced arrows, while specific location; or

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69504 Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Proposed Rules

(iii) The name of the owner or 2007. Written comments must be Upon consideration of this request,
operator of the terminal if other than the postmarked, and electronic comments DEA is granting a thirty day extension
account-holding institution. must be sent, on or before January 3, of the comment period. This allows
(6) Third party transfer. The name of 2007. sufficient time for persons to evaluate
any third party to or from whom funds ADDRESSES: To ensure proper handling and consider all relevant information
are transferred. of comments, please reference ‘‘Docket and respond accordingly. Therefore, the
* * * * * No. DEA–282P’’ on all written and comment period is extended to January
fl(e) Exception for receipts in small- electronic correspondence. Written 3, 2007. Written comments must be
value transfers. A financial institution is comments being sent via regular mail postmarked, and electronic comments
not subject to the requirement to should be sent to the Deputy Assistant must be sent, on or before this date.
provide a receipt under paragraph (a) of Administrator, Office of Diversion Dated: November 28, 2006.
this section if the amount of the transfer Control, Drug Enforcement Joseph T. Rannazzisi,
is $15 or less.fi Administration, Washington, DC 20537, Deputy Assistant Administrator.
3. In Supplement I to part 205, under Attention: DEA Federal Register [FR Doc. E6–20383 Filed 11–30–06; 8:45 am]
§ 205.11—Procedures for Resolving Representative/Liaison and Policy
BILLING CODE 4410–09–P
Errors, under 11(a) Definition of Error, Section (ODL). Written comments sent
paragraph 6. would be added. via express mail should be sent to DEA
Headquarters, Attention: DEA Federal
Supplement I to Part 205—Official Staff DEPARTMENT OF LABOR
Register Representative/ODL, 2401
Interpretations
Jefferson-Davis Highway, Alexandria, Employment Standards Administration
* * * * * VA 22301. Comments may be directly
Section 205.11—Procedures for sent to DEA electronically by sending an
Wage and Hour Division
Resolving Errors electronic message to
dea.diversion.policy@usdoj.gov.
11(a) Definition of Error 29 CFR Part 825
Comments may also be sent
* * * * * electronically through http:// RIN 1215–AB35
fl6. Terminal receipts for transfers of www.regulations.gov using the
$15 or less. The fact that an institution electronic comment form provided on Request for Information on the Family
does not make a terminal receipt that site. An electronic copy of this and Medical Leave Act of 1993
available for a transfer of $15 or less in document is also available at the AGENCY: Employment Standards
accordance with § 205.9(e) is not an http://www.regulations.gov Web site. Administration, Wage and Hour
error for purposes of §§ 205.11(a)(1)(vi) DEA will accept attachments to Division, Department of Labor.
or (vii).fi electronic comments in Microsoft word,
ACTION: Request for information from
* * * * * WordPerfect, Adobe PDF, or Excel file
the public.
formats only. DEA will not accept any
By order of the Board of Governors of the file formats other than those specifically
Federal Reserve System, November 27, 2006. SUMMARY: This notice requests
listed here. comments related to the Family and
Jennifer J. Johnson,
FOR FURTHER INFORMATION CONTACT: Medical Leave Act of 1993 (the ‘‘FMLA’’
Secretary of the Board.
Christine A. Sannerud, PhD, Chief, Drug or the ‘‘Act’’). The Employment
[FR Doc. E6–20301 Filed 11–30–06; 8:45 am] and Chemical Evaluation Section, Office Standards Administration, Wage and
BILLING CODE 6210–01–P of Diversion Control, Drug Enforcement Hour Division, of the Department of
Administration, Washington, DC 20537, Labor (the ‘‘Department’’) seeks
telephone: (202) 307–7183. information for its consideration and
DEPARTMENT OF JUSTICE SUPPLEMENTARY INFORMATION: DEA review of the Department’s
published a notice of Proposed administration of the Act and
Drug Enforcement Administration implementing regulations.
Rulemaking (71 FR 58569, October 4,
2006) proposing to update the list of The Department held stakeholder
21 CFR Part 1312 meetings regarding the FMLA with more
nontraditional countries authorized to
[Docket No. DEA–282P] export narcotic raw materials (NRM) to than 20 groups from December 2002–
the United States by replacing February 2003. Many of the subject
RIN 1117–AB03
Yugoslavia with Spain. This action will matter areas in this request are derived
Authorized Sources of Narcotic Raw maintain a consistent and reliable from comments at those stakeholder
Materials supply of narcotic raw materials from a meetings and also from (1) rulings of the
limited number of countries consistent Supreme Court of the United States and
AGENCY: Drug Enforcement with United States’ obligations under other federal courts over the past twelve
Administration (DEA), Justice. international treaties and resolutions. years; (2) the Department’s experience
ACTION: Notice of proposed rulemaking; On November 3, 2006, DEA received in administering the law; and (3) public
extension of comment period. a request that the comment period be input presented in numerous
extended to February 5, 2007. The Congressional hearings and public
SUMMARY: DEA is extending the Australian Government indicated that comments filed with the Office of
comment period on the Notice of the additional time would be necessary Management and Budget (‘‘OMB’’) in
Proposed Rulemaking entitled to consult with the Australian State of connection with three annual reports to
rmajette on PROD1PC67 with PROPOSALS1

‘‘Authorized Sources of Narcotic Raw Tasmania, the Tasmanian Poppy Congress regarding the Costs and
Materials’’ published October 4, 2006 Advisory and Control Board and the Benefits of Federal regulations in 2001,
(71 FR 58569). Australian poppy industry to better 2002, 2004. In addition, the Department
DATES: The period for public comment evaluate the short- and long-term has reviewed numerous source
which was to close on December 4, implications of this Notice of Proposed materials about issues associated with
2006, will be extended to January 3, Rulemaking. the FMLA. During this process, the

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