Request for Public Comment on Proposed Revisions to Regulation E (Electronic Fund Transfers) - District

Federal Reserve Bank Of Dallas

Informations

• Publié par: Phoiv
• Nombre de lectures: 53
• Langue: English

Extrait

Federal Reserve Bank
ll★K
of Dallas
DALLAS, TEXAS
July 21, 2000
75265-5906
Notice 2000-46
TO: The Chief Executive Officer of each
financial institution and others concerned
in the Eleventh Federal Reserve District
SUBJECT
Request for Public Comment
on Proposed Revisions to Regulation E
(Electronic Fund Transfers)
DETAILS
The Board of Governors of the Federal Reserve System has requested public comment on
proposed revisions to Regulation E, which implements the Electronic Fund Transfer Act (EFTA). The
revisions would implement amendments to the EFTA contained in the Gramm-Leach-Bliley Act that
require disclosure of certain automated teller machine (ATM) fees. The amendments require ATM
operators who impose fees for electronic fund transfer services to disclose this fact in a conspicuous
location either on or near the ATM. Before the consumer is committed to completing the transaction,
ATM operators must also disclose the existence of and the amount of the fee—either on the screen of the
machine or on a paper notice.
The Board must receive comments by August 18, 2000. Please address comments to Jennifer
J. Johnson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution
Avenue, N.W., Washington, DC 20551. Also, you may mail comments electronically to
[e-mail]. All comments should refer to Docket No. R-1077.
ATTACHMENT
A copy of the Board’s notice as it appears on pages 44481–84, Vol. 65, No. 138 of the Fed-
eral Register dated July 18, 2000, is attached.
MORE INFORMATION
For more information, please contact Eugene Coy, Banking Supervision Department, at
[phone]. For additional copies of this Bank’s notice, contact the Public Affairs Department at (214)
922-5254 or access District Notices on our web site at http://www.dallasfed.org/banking/notices/index.html.
For additional copies, bankers and others are encouraged to use one of the following toll-free numbers in contacting the Federal
Reserve Bank of Dallas: Dallas Office [phone]; El Paso Branch Intrastate [phone], Interstate [phone];
Houston Branch Intrastate [phone], Interstate [phone]; San Antonio Branch Intrastate [phone].Federal Register/Vol. 65, No. 138/Tuesday, July 18, 2000/Proposed Rules 44481
(ii) Applied for and was denied (1) Notwithstanding any other FEDERAL RESERVE SYSTEM
section 212(c) relief by the Immigration provisions, any motion to reopen filed
12 CFR Part 205Court, did not appeal the denial to the pursuant to this section to apply for
Board (or withdrew an appeal), and section 212(c) relief shall be filed with
[Regulation E; Docket No. R–1077]
would have been eligible to apply for the Immigration Court or the Board,
section 212(c) relief at the time the whichever last held jurisdiction over the Electronic Fund Transfers
deportation became final but for the case.
AGENCY: Board of Governors of the1997 decision of the Attorney General in (2) If the Immigration Court has
Federal Reserve System.Matter of Soriano (or its rationale); or jurisdiction, and grants only the motion
(iii) Did not apply for section 212(c) to reopen to apply for section 212(c) ACTION: Proposed rule.
relief but would have been eligible to relief pursuant to this section, it shall
SUMMARY: The Board is publishing forapply for such relief at the time the adjudicate only the section 212(c)
comment proposed revisions todeportation order became final but for application.
Regulation E, which implements the(3) If the Board has jurisdiction andthe 1997 decision of the Attorney
Electronic Fund Transfer Act (EFTA).grants only the motion to reopen toGeneral in Matter of Soriano (or its
The proposed revisions implementapply for section 212(c) relief pursuantrationale).
amendments to the EFTA contained into this section, it shall remand the case(c) Scope of reopened proceedings.
the Gramm-Leach-Bliley Act thatto the Immigration Court solely forProceedings shall be reopened under
require the disclosure of certain feesadjudication of the section 212(c)this section solely for the purpose of
associated with automated tellerapplication (Form I–191).adjudicating the application for section
machine (ATM) transactions. The(h) Applicability of other exceptions212(c) relief, but if the Immigration
amendments require ATM operatorsto motions to reopen. Nothing in thisCourt or the Board reopens on other
who impose a fee for providingsection shall be interpreted to precludeapplicable grounds, all issues
electronic fund transfer services toor restrict the applicability of any otherencompassed within the reopening
disclose this fact in a prominent andexception to the motion to reopenproceedings may be considered
conspicuous location on or at the ATM.provisions of this part as defined in 8together, as appropriate.
The operator must also disclose that aCFR 3.2(c)(3) and 3.23(b).(d) Procedure for filing a motion to
fee will be imposed and the amount of(i) Limitations on eligibility forreopen to apply for section 212(c) relief.
the fee, either on the screen of thereopening under this rule. This specialAn eligible alien must file either a copy
machine or on a paper notice before thereopening rule does not apply to:of the original Form I–191 application,
(1) Aliens who have departed the consumer is committed to completingand supporting documents, or file a
United States; the transaction. In addition, when thecopy of a newly completed Form I–191,
(2) Aliens with a final order of consumer contracts for an electronicplus all supporting documents. An alien
deportation who have illegally returned fund transfer service, financialwho has a pending motion to reopen or
to the United States; or institutions are required to disclose thatreconsider before the Immigration Court
(3) Aliens who have not been a fee may be imposed for electronicor the Board must file a new motion to
admitted or paroled. fund transfers initiated at an ATMreopen to apply for section 212(c)relief
owned by another entity.pursuant to this section. The new PART 212—DOCUMENTARY
DATES: Comments must be received bymotion to reopen shall specify any other REQUIREMENTS: NONIMMIGRANTS;
August 18, 2000.motions currently pending before the WAIVERS; ADMISSION OF CERTAIN
Immigration Court or the Board that ADDRESSES: Comments, which shouldINADMISSIBLE ALIENS; PAROLE
should be consolidated. The Service refer to Docket No. R–1077, may be
3. The authority citation for part 212shall have 45 days from the date of mailed to Jennifer J. Johnson, Secretary,
continues to read as follows:service of the motion to reopen to Board of Governors of the Federal
respond. In the event the Service does Reserve System, 20th Street andAuthority: 8 U.S.C. 1101, 1102, 1103, 1182,
not respond to the motion to reopen, the 1184,1187, 1225, 1226, 1227, 1228, 1252; 8 Constitution Avenue, NW, Washington,
CFR part 2.Service retains the right in the reopened DC 20551 or mailed electronically to
4. Paragraph (g) is added to Sectionproceedings to contest any and all [e-mail].
212.3 to read as follows:issues raised. Comments addressed to Ms. Johnson
also may be delivered to the Board’s(e) Fee and number restriction for § 212.3 Application for the exercise of
mail room between 8:45 a.m. and 5:15motion to reopen waived. No filing fee discretion under section 212(c).
p.m. weekdays, and to the securityis required for a motion to reopen to * * * * *
control room at all other times. The mailapply for section 212(c) relief under this (g) Relief for certain aliens who were
room and the security control room,section. An eligible alien may file one in deportation proceedings before April
both in the Board’s Eccles Building, aremotion to reopen to apply for section 24, 1996. Section 440(d) of
accessible from the courtyard entrance212(c) relief under this section, even if Antiterrorism and Effective Death
on 20th Street between Constitutiona motion to reopen was filed previously Penalty Act of 1996 (AEDPA) shall not
Avenue and C Street, NW. Commentsin his or her case. apply to any applicant for relief under
may be inspected in room MP–500(f) Deadline to file a motion to reopen this section whose deportation
between 9 a.m. and 5 p.m., pursuant toto apply for section 212(c) relief under proceedings were commenced before
the Board’s Rules Regarding thethis section. An alien with a final the Immigration Court before April 24,
Availability of Information, 12 CFR partadministrative order of deportation 1996.
261.12.must file a motion to reopen within 90
Dated: July 12, 2000.days of the effective date of the final FOR FURTHER INFORMATION CONTACT:
Janet Reno,rule. Kyung H. Cho-Miller or Natalie E.
Attorney General.(g) Jurisdiction over motion to reopen Taylor, Counsel, Division of Consumer
[FR Doc. 00–18210 Filed 7–17–00; 8:45 am]to apply for section 212(c)relief and and Community Affairs, Board of
remand of appeals. BILLING CODE 4410–30–U Governors of the Federal Reserve
VerDate 11<MAY>2000 15:58 Jul 17, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\18JYP1.SGM pfrm01 PsN: 18JYP144482 Federal Register/Vol. 65, No. 138/Tuesday, July 18, 2000/Proposed Rules
System, Washington, D.C. 20551, at the fee to satisfy existing regulatory and Proposed paragraph (b)(6) would add
(202) 452–2412 or [phone]. For network requirements. balance inquiries at ATMs to the list of
the hearing impaired only, contact Section 7