Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules Alternative to Proof of Authorization The 2021 Operating Rules &
Guidelines also give an ACH Originator and Originator the option of accepting a return of a transaction in lieu of providing a copy of an authorization.
Under the current Rules, if an RDFI
requests proof of authorization of a transaction, an Originator is required to provide proof of authorization to its ODFI in such time that the ODFI can respond to the RDFIs request within ten banking days. Nacha reports that some ODFIs and Originators would prefer to agree to accept the return of the debit rather than expend the time and resources necessary to provide proof of authorization.
Nacha believes that the Alternative to Proof of Authorization rule will reduce an administrative burden on ODFIs and their Originators for providing proof of authorization in every instance in which it is requested by an RDFI. By allowing an alternative, the rule is intended to help reduce the costs and time needed to resolve some exceptions in which proof of authorization in requested. However, if the RDFI still needs proof of authorization, the ODFI and its Originator must provide the proof of authorization within ten days of the RDFIs subsequent request.
The Fiscal Service proposes adoption of these amendments. The Fiscal Service believes that these rule amendments may make certain ACH
transaction processes more efficient. For example, in certain instances a Receiver of an ACH transaction may dispute the authorization. If the Federal Government determines that it is inefficient to provide the requested proof of authorization, the new rule will allow it to return the ACH instead of expending resources to locate and transmit the information to the RDFI
and Receiver.

lotter on DSK11XQN23PROD with PROPOSALS1

Written Statement of Unauthorized Debit via Electronic or Oral Methods The 2021 Operating Rules &
Guidelines changes the Written Statement of Unauthorized Debit rule, which makes an RDFI responsible for obtaining a consumers Written Statement of Unauthorized Debit WSUD prior to returning a debit as unauthorized. However, the current Operating Rules & Guidelines do not explicitly address electronically or orally provided WSUDs. Instead, they explicitly allow electronic records and electronic signatures generally, which has resulted in confusion about the electronic or oral acceptance of WSUDs.
Nacha reports that anecdotal evidence
VerDate Sep<11>2014

16:45 Aug 18, 2021

Jkt 253001

suggests that the significant majority of WSUDs are still being obtained via paper using a wet signature.
The Written Statement of Unauthorized Debit via Electronic or Oral Methods rule reduces an administrative burden on RDFIs and their customers. It clarifies and makes explicit that an RDFI may obtain a consumers WSUD as an electronic record, and an RDFI may accept a consumers electronic signature, regardless of its form or the method used to obtain it. These changes will emphasize that WSUDs may be obtained and signed electronically, which could include the same methods permissible for obtaining a consumer debit authorization.
The Fiscal Service proposes adoption of these amendments. The Fiscal Service believes that the amendments to this rule may increase the efficiency of ACH transactions involving the Federal Government by explicitly allowing electronic records and signatures to be used for written statements of unauthorized debits. This may allow ACH network participants to expedite the processing of allegedly fraudulent electronic transactions involving the Federal Government and other parties.
Minor Rules Topics These amendments change several areas of the Operating Rules &
Guidelines to address minor issues or correct errata. These changes have littleto-no impact on ACH participants and no material impact on the Federal Governments participation in the ACH
network. NACHAs minor rule amendments became effective on various dates, according to the date of the Nacha errata correction or other message.
The Fiscal Service proposes to adopt these minor rule amendments.
III. Section-by-Section Analysis In order to incorporate in Part 210 the Operating Rules & Guidelines changes that we are accepting, we are replacing references to the 2019 Rules &
Guidelines with references to the 2021
Operating Rules & Guidelines.
210.2a We are proposing to amend the reference to NACHAThe Electronic Payments Association NACHA to simply refer to Nacha.
210.2b We are proposing to amend the definition of applicable ACH Rules at 210.2d by replacing the reference to the 2019 NACHA Operating Rules and Guidelines with a reference to the ACH

PO 00000

Frm 00030

Fmt 4702

Sfmt 4702

46635

Rules with an effective date on or before March 31, 2021, as published in 2021
Nacha Operating Rules & Guidelines and supplements thereto, including the rule change adopted on March 31, 2021
that will increase the Same Day ACH
limit to $1 million, effective March 18, 2022. In addition, we are proposing to expand the list of Operating Rules &
Guidelines that are not incorporated by reference to include the Operating Rules & Guidelines governing the Participating DFI registry.
We are proposing to amend 210.3b by replacing the references to the 2019
NACHA Operating Rules & Guidelines with references to Nachas 2021
Operating Rules & Guidelines, as amended through March 31, 2021.
210.6
We are proposing to amend paragraph g by replacing the reference to the 2019 NACHA Operating Rules and Guidelines with a reference to the 2021 Nacha Operating Rules &
Guidelines.
IV. Incorporation by Reference In this NPRM, Fiscal Service is proposing to incorporate by reference the 2021 Operating Rules & Guidelines, including Supplement 12021, as amended through March 31, 2021. The Office of Federal Register OFR
regulations require that agencies discuss in the preamble of a proposed rule ways that the materials the agency proposes to incorporate by reference are reasonably available to interested parties or how it worked to make those materials reasonably available to interested parties. In addition, the preamble of the proposed rule must summarize the material. 1 CFR 51.5a.
In accordance with OFRs requirements, the discussion in the Supplementary Information section summarizes the 2021 Operating Rules & Guidelines.
Financial institutions utilizing the ACH
Network are bound by the Operating Rules & Guidelines and have access to them in the course of their everyday business. The Operating Rules &
Guidelines are available as a bound book or in online form from Nacha The Electronic Payments Association, 2550 Wasser Terrace, Suite 400, Herndon, Virginia 20171, tel. 703561
1100, info@nacha.org.
V. Procedural Analysis Request for Comment on Plain Language Executive Order 12866 requires each agency in the Executive branch to write regulations that are simple and easy to understand. We invite comment on how to make the proposed rule clearer. For
E:FRFM19AUP1.SGM

19AUP1