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l l★K

Federal Reserve Bank
of Dallas

HELEN E. HOLCOMB
FIRST VICE PRESIDENT AND
CHIEF OPERATING OFFICER

June 20, 2000

DALLAS, TEXAS
75265-5906

Notice 2000-37
TO: The Chief Operating Officer of each
financial institution and others concerned
in the Eleventh Federal Reserve District
SUBJECT
Request for Additional Public Comment on
Modifying Federal Reserve ACH Deposit Deadlines and
Pricing Practices Relative to Private-Sector ACH Operators
DETAILS
Based on comments received in response to its request for comment last year, the
Board of Governors has determined that the Federal Reserve Banks’ deposit deadlines and
pricing practices for automated clearing house (ACH) transactions exchanged with private-sector
ACH operators should be modified. The Board’s request for comment involves specific modifications that could be implemented as early as mid-2001.
The Board must receive comments by July 25, 2000. Please address comments to
Jennifer J. Johnson, Secretary, Board of Governors of the Federal Reserve System, 20th and C
Streets, N.W., Washington, DC 20551. Also, you may mail comments electronically to
regs.comments@federalreserve.gov. All comments should refer to Docket No. R-1037.
ATTACHMENT
A copy of the Board’s notice as it appears on pages 34183–87, Vol. 65, No. 103 of the
Federal Register dated May 26, 2000, is attached.
MORE INFORMATION
For more information, please contact Ann Dodson at (214) 922-5802. 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.
Sincerely,

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 (800) 333-4460; El Paso Branch Intrastate (800) 592-1631, Interstate (800) 351-1012;
Houston Branch Intrastate (800) 392-4162, Interstate (800) 221-0363; San Antonio Branch Intrastate (800) 292-5810.

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Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Notices
SUPPLEMENTARY INFORMATION:

FEDERAL RESERVE SYSTEM
[Docket No. R–1037]

Modifying Federal Reserve ACH
Deposit Deadlines and Pricing
Practices Relative to Private-Sector
ACH Operators
AGENCY: Board of Governors of the
Federal Reserve System.
ACTION: Notice.
SUMMARY: Based on comments received
in response to its request for comment
last year, the Board has concluded that
the Federal Reserve Banks’ deposit
deadlines and pricing practices for
automated clearing house (ACH)
transactions exchanged with privatesector ACH operators should be
modified. The Board is considering
specific modifications to these
deadlines and pricing practices, which
could be implemented as early as mid2001, and requests comment on these
proposed modifications.
DATES: Comments must be submitted on
or before July 25, 2000.
ADDRESSES: Comments, which should
refer to Docket No. R–1037, may be
mailed to Ms. Jennifer J. Johnson,
Secretary, Board of Governors of the
Federal Reserve System, 20th and C
Streets, NW., Washington, DC 20551 or
mailed electronically to
regs.comments@federalreserve.gov.
Comments addressed to Ms. Johnson
also may be delivered to the Board’s
mail room between 8:45 a.m. and 5:15
p.m. and to the security control room
outside of those hours. Both the mail
room and the security control room are
accessible from the courtyard entrance
on 20th Street between Constitution
Avenue and C Street, NW. Comments
may be inspected in Room MP–500
between 9 a.m. and 5 p.m. weekdays,
pursuant to § 261.12, except as provided
in § 261.14, of the Board’s Rules
Regarding Availability of Information,
12 CFR 261.12 and 261.14.
FOR FURTHER INFORMATION CONTACT: Jack
K. Walton II, Manager (202/452–2660);
Michele Braun, Project Leader (202/
452–2819); or Jeffrey S.H. Yeganeh,
Senior Financial Services Analyst (202/
728–5801); for the hearing impaired
only, contact Janice Simms,
Telecommunication Device for the Deaf
(202/872–4984).

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18:57 May 25, 2000

I. Background
The Federal Reserve Banks are
collectively the largest ACH operator
and process more than 80 percent of
commercial interbank ACH transactions.
Private-sector ACH operators (PSOs)
process the remaining transactions and
typically provide services, including
processing and settling ACH
transactions, similar to those offered by
the Reserve Banks. PSOs also rely on the
Reserve Banks’ ACH services for the
delivery and settlement of some
transactions in which either the
originating depository financial
institution (ODFI) or receiving
depository financial institution (RDFI) is
not their customer.
The Reserve Banks’ authority to
provide payment services is limited by
law to services provided to depository
institutions.1 The Reserve Banks,
however, allow depository institutions
to send or receive their ACH
transactions through intermediaries,
such as PSOs, and treat those
intermediaries as agents of the
depository institutions they serve.
Nevertheless, all depository institutions
are currently subject to the same
Reserve Bank prices and service
guidelines regardless of how they send
or receive their ACH transactions to and
from the Reserve Banks.
Some industry representatives have
expressed concerns that the Reserve
Banks’ price and service level policies
have created barriers to open and
vigorous competition among ACH
operators because the policies do not
recognize the role played by operators
in the ACH system.2 Specifically, these
representatives have maintained that the
Reserve Banks’ deposit deadlines and
price structure do not permit the PSOs
to compete effectively in the provision
of ACH services to depository
institutions.
The Federal Reserve Board recognizes
the benefits of competition in the
provision of payment services. In a 1990
white paper on the Federal Reserve in
the payments system, the Board stated
that ‘‘the role of the Federal Reserve in
providing payments services is to
promote the integrity and efficiency of
the payments mechanism and to ensure

the provision of payment services to all
depository institutions on an equitable
basis, and to do so in an atmosphere of
competitive fairness.’’ 3 In addition, the
Board’s standards for priced services
activities note that ‘‘Federal Reserve
actions are implemented in a manner
that ensures fairness to other providers
of payment services.’’ 4
In response to the industry’s
concerns, the Board requested comment
last year on the benefits and drawbacks
of modifying the Reserve Banks’ deposit
deadlines and pricing practices for ACH
transactions exchanged with PSOs (64
FR 27793, May 21, 1999). Specifically,
the Board requested comment on
whether the Reserve Banks should (1)
modify their deposit deadlines and
processing schedules, (2) modify their
pricing structure for interoperator
transactions, and (3) limit any
modifications to PSOs only.
II. Summary of Comments
The Board received fifty-eight
responses to its request for comment.5
Thirty-two commenters supported and
twenty-six commenters opposed
modifications to the Reserve Banks’
deposit deadlines and pricing practices.
Those supporting modifications
generally tended to be larger depository
institutions and ACH associations that
believed modifications would improve
competition in the provision of ACH
services. Those opposing modifications
generally tended to be smaller or
medium-sized depository institutions
that believed any modifications would
lead to higher Reserve Bank fees, which
in turn would make them less able to
compete in the market for origination
services with institutions that use PSO
ACH services. Given the diversity in the
commenters’ views, Board staff invited
commenters to a meeting in December
1999 to discuss interoperator issues
more fully and to explore alternative
approaches to addressing these issues.6
A. Deposit Deadlines
The Board requested comment on the
benefits and drawbacks of the Reserve

1 Reserve Banks may also provide services to a
limited set of other institutions, such as state
member banks that are not defined as depository
institutions. Further, the Reserve Banks may
provide services to other entities if directed to do
so as fiscal agent of the United States.
2 ACH Vision 2000 Task Force Recommendations,
NACHA, 1997; The Role of the Federal Reserve and
the Banking Industry in the Retail Electronic
Payments Systems of the Future, The Bankers
Roundtable, April 1998.

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Banks establishing different deposit and
delivery deadlines for PSOs and
depository institutions. PSOs maintain
that they are unable to offer competitive
deposit deadlines and delivery
schedules to their customers because
they are subject to the same deposit
deadlines and delivery schedules that
Reserve Banks offer to depository
institutions.
Commenters suggested a number of
solutions to address this issue. One
suggestion was that the Reserve Banks
could offer PSOs later deposit and
earlier delivery deadlines to enable
PSOs, in turn, to offer competitive
deadlines to their customers. Another
potential solution was for the industry
to adopt a uniform interoperator deposit
deadline at which all operators would
deposit transactions with one another.
Other commenters, however, advocated
the status quo because they did not
believe that Reserve Bank deadlines
place PSOs at a competitive
disadvantage.
B. Pricing Structure
The Board also requested comment on
the benefits and drawbacks of the
Reserve Banks modifying their pricing
structure for interoperator transactions.
PSOs maintain that the Reserve Banks’
current pricing structure has placed
them at a competitive disadvantage.
Specifically, the main concern regarding
the Reserve Banks’ current pricing
structure is the asymmetry in the ability
of operators to charge each other’s
customers. The Reserve Banks consider
both the ODFI and RDFI in an
interoperator transaction to be their
customers and charge both accordingly.
PSOs, on the other hand, can only
charge their own customer in an
interoperator transaction. Some
commenters also expressed concern
about the Reserve Banks’ ability to
charge monthly account servicing fees
to all depository institutions, including
those that send or receive all their ACH
transactions through PSOs.
Some commenters suggested that the
Reserve Banks should modify their
pricing structure for interoperator
transactions such that they assess fees
only to their direct customers.
Commenters also suggested that the
Reserve Banks should abolish the
monthly account servicing fee for
depository institutions that send and
receive all of their ACH transactions
through a PSO. Commenters believed
that these suggested modifications
would eliminate the asymmetry noted
earlier and would result in a similar
customer pricing structure for Reserve
Banks and PSOs in which each operator
would charge its direct customer only.

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18:57 May 25, 2000

Other commenters were concerned that
any modifications to the Reserve Banks’
pricing structure could result in an
increase in fees to Reserve Bank
customers that do not use the services
of a PSO and, thus, opposed any change
to the current pricing structure.
C. Eligibility
The Board also requested comment on
whether any modifications to the
Reserve Banks’ deadlines and pricing
structure should be limited to ACH
operators or extended to other
intermediaries, such as third-party
processors and correspondents.
Specifically, because many of the
characteristics that distinguish ACH
operators from other intermediaries do
not affect how Reserve Banks provide
ACH services, the Board was interested
whether all intermediaries should be
eligible for modified deadlines and
pricing. Further, the Board requested
comment on whether the Reserve Banks
should rely on the National Automated
Clearing House Association’s (NACHA)
ACH operator definition if they were to
limit modifications to ACH operators.
Some commenters suggested that only
ACH operators should be eligible for
modified deadlines and pricing. These
commenters noted that Reserve Banks
compete with ACH operators in the
provision of ACH operator services and,
thus, only ACH operators should be
eligible for any modifications. These
commenters also stated that the Reserve
Banks should use NACHA’s ACH
operator definition to determine
eligibility for modified deadlines and
pricing rather than develop their own
definition. Other commenters, however,
suggested that if the Reserve Banks’
ACH processing is not affected by the
type of intermediary from which they
receive transactions or to which they
deliver transactions, then all
intermediaries should be eligible for
modified deadlines and pricing.
III. Enhancing Competition
The Board has carefully considered
the commenters’ views and has
concluded that the Reserve Banks’
deposit deadlines and pricing structure
for ACH transactions exchanged with
private-sector ACH operators should be
modified. The Board believes that
adopting certain deadline and pricing
modifications for interoperator
transactions would enhance
competition in the provision of ACH
operator services to depository
institutions.
To determine what modifications
might be appropriate to enhance
competition in the market for ACH
operator services, the Reserve Banks

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examined the types of services PSOs
receive from the Reserve Banks when
they send transactions to depository
institutions through the Reserve Banks.
Similarly, the Reserve Banks examined
the types of services they receive from
PSOs when they send transactions to
depository institutions through PSOs.
First, an operator provides other
operators’ customers with access to
depository institutions on its network.
Each of these networks essentially is
comprised of telecommunications links
that permit the transmission of ACH
files between participating depository
institutions and the operator. While
each operator’s network might employ
different technologies with different
levels of complexity, the costs
associated with these networks are
primarily fixed. For interoperator
transactions, the ability to access
depository institutions on other
networks allows an operator (1) to
forego the costs associated with
establishing a direct connection to all
depository institutions and (2) to
provide its own customers with the
ability to send ACH transactions to any
depository institution. Thus, when an
operator provides other operators’
customers with access to a depository
institution on its network, it provides
value to those customers and the
operators that serve them.
Second, an operator processes
transactions it receives from other
operators and delivers those
transactions to depository institutions
on its network. Processing ACH
transactions requires computing and
other resources, which have both fixed
and variable components. Therefore, it
is reasonable for an operator to charge
transaction fees to recover the costs
associated with processing ACH
transactions.
Third, the Reserve Banks provide
settlement for all ACH transactions they
process, including interoperator
transactions. Other operators do not
settle interoperator transactions that are
processed by the Reserve Banks. As a
result, the Reserve Banks incur
accounting, computing, and other costs
when they settle ACH interoperator
transactions for depository institutions
that use PSOs. Thus, the Reserve Banks
are providing a service not provided by
other operators when they settle
interoperator transactions they process.
The Board has concluded that
competition in the provision of ACH
operator services would be enhanced
through modifications to the deposit
deadlines and delivery schedules for
interoperator transactions and the
adoption of a new pricing structure for
these transactions. Specifically, the

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Board believes that deposit deadlines
for interoperator transactions should
enable Reserve Banks and PSOs to
establish competitive deposit deadlines
and delivery schedules for their
customers. The Board also believes that
the Reserve Banks should adopt a price
structure for interoperator transactions
that is consistent with the cost structure
associated with processing interoperator
transactions. This new price structure
should include a fee to access
depository institutions on the Reserve
Banks’ ACH network, a fee to process
interoperator transactions, and a
settlement fee to recover the Reserve
Banks’ settlement costs. The Board
believes that these changes, along with
the ability of PSOs to assess
interoperator fees to Reserve Banks,
should enhance competition in the
provision of ACH operator services to
depository institutions.
IV. Proposed Modifications
The Board has developed a specific
proposal to modify the Reserve Banks’
deadlines and pricing structure for ACH
interoperator transactions that it
believes will promote competition in
the provision of ACH services and
address the concerns raised by some
commenters. The Board is requesting
comment on this proposal.
The Board proposes the following
deadlines and pricing structure for ACH
interoperator transactions that are
processed by the Reserve Banks:
• Deposit deadlines: The Board
proposes that the Reserve Banks work
collaboratively with ACH operators to
establish interoperator deposit
deadlines by which the Reserve Banks
and the PSOs would exchange
interoperator transactions.
• Pricing structure: The Board
proposes the following price structure
for interoperator transactions processed
by the Reserve Banks.
—First, the Reserve Banks would charge
ACH operators a monthly network
access fee for each routing number
they access on the Reserve Banks’
ACH network.
—Second, the Reserve Banks would
charge ACH operators per-item fees
for transactions they send through the
Reserve Banks’ ACH network.
—Third, the Reserve Banks would
charge depository institutions that
send and receive all their transactions
through PSOs a monthly settlement
fee rather than the current monthly
account servicing fee.
—Fourth, the Reserve Banks would pay
PSOs for transactions they send to
depository institutions through those
PSOs.

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• Eligibility: The Board proposes to
limit the modified deadlines and pricing
structure to intermediaries that are
defined as ACH operators in the
NACHA rules.
A. Deposit Deadlines
The Board proposes that the Reserve
Banks work collaboratively with ACH
operators to establish interoperator
deposit deadlines by which the Reserve
Banks and the PSOs would exchange
interoperator transactions. The Reserve
Banks’ preliminary recommendation is
that one interoperator deposit deadline
be established at 2:30 p.m. eastern time
for immediate settlement items and that
another interoperator deposit deadline
for next-day settlement items be
established at 3:00 a.m. eastern time.7
The Reserve Banks would accept
interoperator transactions from PSOs
and send interoperator transactions to
PSOs at the new deposit deadlines.
Clearly, ACH operators, including the
Reserve Banks, would need to establish
their own deposit and delivery
deadlines for their customers. Further,
the PSOs could establish other
deadlines by which they would
exchange interoperator transactions
among themselves.
If the Reserve Banks’ preliminary
recommendation for interoperator
deposit deadlines were adopted, the
Reserve Banks would require their
customers to deposit next-day
settlement items half an hour earlier
than they do today. The Reserve Banks,
however, currently receive almost all
their ACH volume well before the
deposit deadlines and deadline
extensions have become much less
frequent. The recommended deposit
deadlines would require no change in
deposit times for Reserve Bank
customers depositing immediate
settlement items. As a result, the
recommended exchange deadlines
would likely have minimal effects on
the processing schedules of Reserve
Bank customers. Further, because
Reserve Banks would deposit
transactions with PSOs at the
interoperator deposit deadlines, PSOs
should be able to offer their customers
deposit and delivery deadlines that are
competitive with those offered by the
Reserve Banks. Thus, the Board’s
general proposal for interoperator
7 Immediate settlement items are items that are
settled on the same banking day as they are
received while next-day settlement items are items
that are settled on the banking day after they are
received. The Reserve Banks’ banking day for the
receipt of ACH items is from 3:00 a.m. eastern time
to 2:59 a.m. eastern time on the next calendar day.
Only returns and National Association of Check
Safekeeping items are eligible for immediate
settlement.

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deposit deadlines, as well as the specific
Reserve Bank deposit deadline
recommendation, would likely enhance
competition with minimal effect on
depository institutions.
Interoperator deposit deadlines,
however, pose problems for transactions
that involve three operators. Currently,
a small fraction of the volume that PSOs
deposit with the Reserve Banks is
destined to other PSOs, which results in
some transactions being processed by
three operators.8 With interoperator
deposit deadlines, however, if an
operator receives a transaction from
another operator at the interoperator
deposit deadline that is destined to a
third operator, the middle operator
would be unable to forward the
transaction timely because the deadline
to deposit transactions with the third
operator would have already passed.
Moreover, three-operator transactions
tend to be inefficient because they result
in redundant processing by multiple
operators before they are delivered to
the RDFI.
One way to address this issue is for
NACHA to prohibit three-operator
transactions. The Board suggests that
NACHA evaluate whether its ACH
operator definition should be revisited
to require operators to exchange
interoperator transactions directly with
the operator serving the RDFI. In any
case, to ensure that the Reserve Banks
are able to forward the transactions to
the RDFI’s PSO by the interoperator
deposit deadline, the Board proposes
that the Reserve Banks require all ACH
transactions that need to be forwarded
to another operator, including
transactions deposited by a PSO, be
deposited by the Reserve Banks’ regular
customer deposit deadline.
B. Pricing Structure for Interoperator
Transactions
The Board proposes a new threetiered pricing structure for interoperator
transactions processed by the Reserve
Banks. Under the proposed structure,
the Reserve Banks would charge PSOs
and their customers fees (1) to access
the Reserve Banks’ ACH network, (2) to
process interoperator transactions they
receive from PSOs, and (3) to settle
8 The Board understands that some depository
institutions that use a PSO prefer to minimize the
number of settlements they receive for their ACH
transactions. Most of these institutions already
receive and reconcile two settlements one from
their PSO, another from the Reserve Banks and do
not want to receive a third settlement for ACH
transactions that PSOs exchange directly using the
Private ACH Exchange (PAX) system. Thus, PSOs
use the Reserve Banks to send some transactions
destined to other PSOs, which minimizes
settlements but results in three-operator
transactions.

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interoperator transactions for depository
institutions that send and receive all
their transactions through a PSO. The
Reserve Banks plan to maintain the
current fee structure for their customers
and do not anticipate any increases in
fees resulting from this proposal.
In developing a pricing structure for
interoperator transactions, the Reserve
Banks used a cost-based approach to set
fees. In their analysis, the Reserve Banks
attempted to identify costs related to
network access, processing, and
settlement and to price those
components separately. Further, the
Reserve Banks excluded certain costs
that might not be incurred when
services are provided to ACH operators
so that the interoperator fee structure
would reflect, as closely as possible, the
cost structure for interoperator
transactions.
Specifically, the Board proposes the
following fee structure for interoperator
transactions. The price ranges outlined
below are based on preliminary cost
analyses by the Reserve Banks. First, the
Reserve Banks would charge the PSOs a
monthly network access fee of between
$5 and $10 for each routing number to
which they send transactions on the
Reserve Banks’ ACH network. Second,
the Reserve Banks would charge PSOs a
per-item fee of between $0.002 and
$0.004 to process interoperator
transactions sent to RDFIs on the
Reserve Banks’ ACH network. And
third, rather than the current monthly
account servicing fee, the Reserve Banks
would charge depository institutions
that send and receive all their
transactions through PSOs a monthly
settlement fee per routing number
(projected to be about $20) to settle
interoperator transactions.9
An important additional feature of the
Board’s overall proposal is that the
Reserve Banks would pay PSOs for
commercial and government ACH
transactions they deliver to RDFIs
through PSOs. These fees would
compensate the PSOs for the services
they provide to Reserve Banks by
delivering transactions to RDFIs on their
networks.
An open issue that remains
unresolved is how fees that PSOs would
charge Reserve Banks would be
restrained. The Board examined
alternative approaches to restrain fees
charged by operators. First, the Board
considered limiting the interoperator
9 The Reserve Banks would no longer provide
customer service to depository institutions for
transactions they send or receive through a PSO.
These institutions would have to direct transaction
and service-related inquiries to their PSOs. The
Reserve Banks, however, would continue to provide
customer service on settlement-related questions.

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18:57 May 25, 2000

fees Reserve Banks would pay to PSOs
to the PSOs’ published fees. In practice,
however, because a PSO’s published
customer fee structure may be different
from its interoperator fee structure and
because not all operators publish fees or
charge all of their customers their
published fees, it would be difficult to
ascertain whether the interoperator fees
charged by an operator are reasonable.
Alternatively, the Board considered
allowing the Reserve Banks to pay PSOs
the same fees they charge PSOs. This
mechanism, while creating parity,
would require PSOs to adopt the
Reserve Banks’ pricing structure, which
may not be reflective of the PSOs’ cost
structures. The Board believes that the
continued growth of the ACH network
would be enhanced by maintaining low,
cost-based interoperator fees. Thus, the
Board requests comment on how the
fees that operators charge each other
might be restrained to encourage the
continued growth of the ACH network.

transactions and exchange interoperator
transactions with other operators. Thirdparty processors typically do not
provide settlement services for
transactions they process while
correspondent banks typically do not
provide the comprehensive clearing and
delivery services provided by operators.
Thus, the Reserve Banks tend to
compete with PSOs, and not third-party
processors or correspondent banks, in
providing services to depository
institutions. Further, because NACHA’s
operator definition does not preclude
other entities from becoming new
operators, it is possible that some of the
larger correspondents or third-party
processors might become operators to
compete with the established operators.

V. Competitive Impact
The Board must conduct a
competitive impact analysis when it
considers a major operational change
such as that being proposed for
interoperator transactions.11
C. Eligibility
Specifically, the Board must determine
The Board proposes that the deadline whether the proposed deadlines and
pricing structure have a direct and
and price structure modifications be
material adverse effect on the ability of
limited to any intermediary that is
other service providers to compete
defined as an operator under NACHA
rules.10 The role of operators in the ACH effectively with the Reserve Banks in
system is separate and distinct from the providing similar services, and if so,
whether the adverse effect on
role of other ACH intermediaries.
competition is due to differing legal
Generally, ACH operators play a
powers or constraints, or due to a
significant role in protecting the
dominant market position deriving from
integrity of the overall ACH network
such legal differences.
and ensuring the interoperability and
The purpose of the proposed
efficiency of the overall network. From
modifications is to address the concerns
a service perspective, the primary
expressed by commenters with respect
distinction between ACH operators and
to the Reserve Banks’ current deposit
other intermediaries is that operators
deadlines and pricing practices. The
provide clearing, delivery, and
proposed modifications will enhance
settlement services for intraoperator
the ability of PSOs to compete with the
Reserve Banks in providing ACH
10 NACHA recently adopted modifications to its
operator services to depository
definition of an ACH operator (NACHA Operating
Rules, section 13.1.1). To qualify as a private-sector
institutions. Further, depository
ACH operator, an entity must execute an agreement
institutions and other intermediaries
with NACHA to comply with or perform all of the
should also benefit as they are likely to
following: adhere to NACHA operating rules and
see a more competitive market for the
other applicable laws and regulations; execute
agreements with a minimum of twenty independent provision of ACH operator services,
depository institutions that bind the depository
which could result in lower costs to
institutions NACHA operating rules and the
process their ACH transactions. Thus,
private-sector ACH operator’s rules; provide
the Board does not anticipate any
clearing, delivery, and settlement services for
intraoperator transactions; exchange interoperator
adverse effects on competition resulting
transactions with other ACH operators; process and
from this proposal.
edit files based on the requirements of NACHA
operating rules; evaluate the creditworthiness of
and apply risk control measures to their customers;
adhere to the Federal Reserve’s Policy Statement on
Privately Operated Multilateral Settlement Systems;
and adhere to any NACHA performance standards
for ACH operators. Under this definition, Electronic
Payments Network, Visa, and American Clearing
House are considered to be private-sector ACH
operators. The Reserve Banks reserve the right to
preempt any NACHA rule in their ACH operating
circular. Thus, the Reserve Banks reserve the right
to establish their own operator definition should
they object to any future modifications to NACHA’s
definition of an ACH operator.

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VI. Conclusion
The Board requests comment on the
proposed modifications. Specifically,
the Board is interested in commenters’
views on whether the proposed
modifications enhance competition in
the market for ACH operator services.
Further, the Board requests comment on
how the fees that operators charge each
11 Federal

Reserve Regulatory Service, 7–145.2.

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Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Notices
other might be restrained to encourage
the continued growth of the ACH
network.
By order of the Board of Governors of the
Federal Reserve System, May 22, 2000.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 00–13207 Filed 5–25–00; 8:45 am]
BILLING CODE 6210–01–P

GENERAL ACCOUNTING OFFICE
Federal Accounting Standards
Advisory Board
General Accounting Office.
Notice of Issuance of Statement
of Federal Financial Accounting
Standards (SFFAS) No. 18).
AGENCY:
ACTION:

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