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9132 Federal Register / Vol. 70, No.

36 / Thursday, February 24, 2005 / Notices

or assured if the institution retains transfer funds made available through consumer usage, which may indicate a
discretion not to pay an overdraft. an overdraft protection program, need for alternative credit arrangements
• Distinguish overdraft protection provide a specific consumer notice, or other services, and inform consumers
services from ‘‘free’’ account features. where feasible, that completing the of these available options.
Institutions should not promote ‘‘free’’ withdrawal may trigger the overdraft • Fairly report program usage.
accounts and overdraft protection fees (for example, it presently may be Institutions should not report negative
programs in the same advertisement in feasible at a branch teller window). This information to consumer reporting
a manner that suggests the overdraft notice should be presented in a manner agencies when the overdrafts are paid
protection program is free of charges. that permits consumers to cancel the under the terms of overdraft protection
• Clearly disclose program fees. In attempted withdrawal or transfer after programs that have been promoted by
communications about overdraft receiving the notice. If this is not the institutions.
protection programs, clearly disclose the feasible, then post notices (e.g., on This concludes the text of the final
dollar amount of the fee for each proprietary ATMs) explaining that Joint Guidance on Overdraft Protection
overdraft and any interest rate or other transactions may be approved that Programs.
fees that may apply. For example, rather overdraw the account and fees may be Dated: February 15, 2005.
than merely stating that the institution’s incurred. Institutions should consider
Julie L. Williams,
standard NSF fee will apply, making access to the overdraft
institutions should restate the dollar protection program unavailable through Acting Comptroller of the Currency.
amount of any applicable fee or interest means other than check transactions, if By order of the Board of Governors of the
charge. feasible. Federal Reserve System, February 17, 2005.
• Clarify that fees count against the • Prominently distinguish balances Robert deV. Frierson,
disclosed overdraft protection dollar from overdraft protection funds
Deputy Secretary of the Board.
limit. Consumers should be alerted that availability. When disclosing a single
the fees charged for covering overdrafts, balance for an account by any means, Dated at Washington, DC, the 16th day of
as well as the amount of the overdraft institutions should not include February, 2005.
item, will be subtracted from any overdraft protection funds in that By order of the Federal Deposit Insurance
overdraft protection limit disclosed. account balance. The disclosure should Corporation.
• Demonstrate when multiple fees instead represent the consumer’s own Robert E. Feldman,
will be charged. If promoting an funds available without the overdraft Executive Secretary.
overdraft protection program, clearly protection funds included. If more than By the National Credit Union
disclose, where applicable, that more one balance is provided, separately (and Administration Board on February 17, 2005.
than one overdraft fee may be charged prominently) identify the balance Mary F. Rupp,
against the account per day, depending without the inclusion of overdraft Secretary of the Board.
on the number of checks presented on, protection.
• Promptly notify consumers of [FR Doc. 05–3499 Filed 2–23–05; 8:45 am]
and other withdrawals made from, the
overdraft protection program usage each BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P;
consumer’s account. 7535–01–P
• Explain impact of transaction time used. Promptly notify consumers
clearing policies. Clearly explain to when overdraft protection has been
consumers that transactions may not be accessed, for example, by sending a DEPARTMENT OF THE TREASURY
processed in the order in which they notice to consumers the day the
occurred, and that the order in which overdraft protection program has been Internal Revenue Service
transactions are received by the accessed. The notification should
institution and processed can affect the identify the date of the transaction, the Privacy Act of 1974, as Amended;
total amount of overdraft fees incurred type of transaction, the overdraft System of Records
by the consumer. amount, the fee associated with the
AGENCY: Internal Revenue Service,
• Illustrate the type of transactions overdraft, the amount necessary to
return the account to a positive balance, Treasury.
covered. Clearly disclose that overdraft
fees may be imposed on transactions the amount of time consumers have to ACTION: Notice of Proposed New Privacy
such as ATM withdrawals, debit card return their accounts to a positive Act System of Records.
transactions, preauthorized automatic balance, and the consequences of not
SUMMARY: In accordance with the
debits, telephone-initiated transfers or returning the account to a positive
requirements of the Privacy Act of 1974,
other electronic transfers, if applicable, balance within the given timeframe.
as amended, 5 U.S.C. 552a, the
to avoid implying that check Notify consumers if the institution
Department of the Treasury, Internal
transactions are the only transactions terminates or suspends the consumer’s
Revenue Service, gives notice of a
covered. access to the service, for example, if the
proposed new system of records entitled
consumer is no longer in good standing.
Program Features and Operation • Consider daily limits on the ‘‘Treasury/IRS 00.009—Taxpayer
• Provide election or opt-out of consumer’s costs. Consider imposing a Assistance Center (TAC) Recorded
service. Obtain affirmative consent of cap on consumers’ potential daily costs Quality Review Records.’’
consumers to receive overdraft from the overdraft program. For DATES: Comments must be received no
protection. Alternatively, where example, consider limiting daily costs later than March 28, 2005. This new
overdraft protection is automatically from the program by providing a system of records will be effective April
provided, permit consumers to ‘‘opt numerical limit on the total overdraft 5, 2005 unless the IRS receives
out’’ of the overdraft program and transactions that will be subject to a fee comments that would result in a
provide a clear consumer disclosure of per day or by providing a dollar limit on contrary determination.
this option. the total fees that will be imposed per ADDRESSES: Comments should be sent to
• Alert consumers before a day. the Office of Governmental Liaison and
transaction triggers any fees. When • Monitor overdraft protection Disclosure, Internal Revenue Service,
consumers attempt to withdraw or program usage. Monitor excessive 1111 Constitution Avenue, NW.,

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Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Notices 9133

Washington, DC 20224. Comments will employees, the ability to sample list of these sites is available on-line at:
be made available for inspection and employee performance nationwide, and http://www.irs.gov/localcontacts/
copying upon request in the Freedom of improved quality of assistance to index.html.
Information Reading Room (Room taxpayers. Also, in cases where
CATEGORIES OF INDIVIDUALS COVERED BY THE
1621), at the above address. managers are not in the same location as
SYSTEM:
FOR FURTHER INFORMATION CONTACT: Buz their employees, the time and expense
of travel will be significantly reduced. IRS employees who respond to
Dereniuk, Territory Manager, W: CAR:
By recording taxpayer contacts and taxpayer assistance contacts in person.
FA, 777 Sonoma Ave., Room 112, Santa
Rosa, California 95404, (707) 523–4673 tracking employee actions, the IRS will CATEGORIES OF RECORDS IN THE SYSTEM:
(ext 254) (not a toll free number). be able to improve its service to the Audio recordings of conversations
SUPPLEMENTARY INFORMATION: Without public by providing specific, tangible with taxpayers, captured computer
an effective quality review system, the feedback to employees. As a result, screen images of taxpayer records
IRS cannot be assured that its targeted training will be provided to reviewed by Taxpayer Response
employees are providing correct employees either on-line or in one-on- Representatives during the
answers to taxpayer questions. one coaching sessions. conversation, and associated records
Currently Taxpayer Assistance Center Taxpayers will be notified by signs required to administer IRS quality
(TAC) Managers monitor employees by clearly posted at the TAC entry and on review and employee performance
occasionally sitting with them and workstations of TRRs that their contacts feedback programs.
observing the taxpayer interaction. This may be recorded for quality
produces an artificial environment that improvement purposes. Taxpayers may AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

does not give a true representation of opt out of being recorded by notifying 5 U.S.C. 301; 26 U.S.C. 7801 and
employee performance, training needs, the IRS employee. If so notified, the 7803.
and taxpayer service abilities. A employee will stop any recording and
will continue to assist the taxpayer. PURPOSE:
November 22, 2002, Treasury Inspector
Audio recordings and captured Records in this system of records are
General for Tax Administration (TIGTA)
computer screen images will be kept used to evaluate and improve employee
review, available at http://
long enough for employee evaluation performance and the quality of service
www.ustreas.gov/tigta/2003reports/
and quality review, generally not more at Taxpayer Assistance Centers.
200340023fr.html, recommended that
the Commissioner, Wage and than 45 days. However, the agency may ROUTINE USES OF RECORDS MAINTAINED IN THE
Investment (W&I) Division, explore keep audio recordings and captured SYSTEM, INCLUDING CATEGORIES OF USERS AND
options such as planned remote computer screen images for a longer THE PURPOSES OF SUCH USES:
monitoring (a.k.a. contact recording) by period under certain circumstances, Disclosure of returns and return
TAC managers for conducting quality including, but not limited to, resolution information may be made only as
reviews of TAC employees on a regular of matters pertaining to employee provided by 26 U.S.C. 6103. Records
basis. Contact recording would remove performance, security (threat, other than returns and return
advance notice of a manager’s review, altercation, etc.), or conduct-related information may be used to:
and the intrusion of the manager being issues. (1) Disclose information during a
physically present during the contact. It The new system of records report, as proceeding before a court,
will capture an accurate recordation of required by 5 U.S.C. 552a(r) of the administrative tribunal, or other
employees’ interaction with taxpayers Privacy Act, has been submitted to the adjudicative body when: (a) The IRS or
in a more natural and realistic setting. Committee on Government Reform of any component thereof, (b) any IRS
The automated contact recording system the House of Representatives, the employee in his or her official capacity,
will allow the IRS to improve the Committee on Governmental Affairs of (c) any IRS employee in his or her
quality of responses to taxpayers by the Senate, and the Office of personal capacity where the IRS or the
providing an efficient and effective Management and Budget, pursuant to Department of Justice has agreed to
means of assessing employee Appendix I to OMB Circular A–130, provide representation for the
performance. Managers will review any ‘‘Federal Agency Responsibilities for employee, or (d) the United States is a
audio recordings and captured Maintaining Records About party to, has an interest in, or is likely
computer screen images and document Individuals,’’ dated November 30, 2000. to be affected by, such proceeding, and
The proposed new system of records
their evaluations of employee the IRS (or its DOJ counsel) determines
entitled ‘‘Treasury/IRS 00.009—
performances. Managers and employees that the information is relevant and
Taxpayer Assistance Center (TAC)
may review the audio recordings and necessary to the proceeding and no
Recorded Quality Review Records’’ is
captured computer screen images when privilege is asserted. Information may
published in its entirety below.
evaluating employee contacts with also be disclosed to the neutral to
taxpayers. Each manager can only Dated: February 15, 2005. resolve issues of relevancy, necessity, or
access records of contacts by employees Arnold I. Havens, privilege pertaining to the information.
under that manager’s supervision. General Counsel. (2) Disclose information to the
Quality reviewers will review records of Department of Justice when seeking
contacts for purposes of identifying Treasury/IRS 00.009 legal advice or for use in any
issues or topics about which many SYSTEM NAME: proceeding, or in preparation for any
Taxpayer Response Representatives Taxpayer Assistance Center (TAC) proceeding, when: (a) The IRS or any
(TRR) would benefit from additional Recorded Quality Review Records— component thereof, (b) any IRS
training, and to determine program- Treasury/IRS employee in his or her official capacity,
wide accuracy rates of information (c) any IRS employee in his or her
provided. SYSTEM LOCATION: individual capacity under
The ability to select any contact for Records in this system of records will circumstances in which the IRS or the
review purposes will result in greater eventually be located at every Taxpayer Department of Justice has agreed to
fairness and timeliness of reviews of Assistance Center (TAC). An up-to-date provide representation for the

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9134 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Notices

employee, or (d) the United States POLICIES AND PRACTICES FOR STORING, RECORD SOURCE CATEGORIES:
government is a party to the proceeding RETRIEVING, ACCESSING, RETAINING, AND Taxpayers, Employees, IRS records of
DISPOSING OF RECORDS IN THE SYSTEM: taxpayer accounts.
or has an interest in such proceeding,
STORAGE:
and the IRS (or its DOJ counsel) EXEMPTIONS CLAIMED FOR THE SYSTEM:
determines that the records are both Paper records and machine-readable
media. None.
relevant and necessary to the
[FR Doc. 05–3474 Filed 2–23–05; 8:45 am]
proceeding or advice sought. RETRIEVABILITY: BILLING CODE 4830–01–U
(3) Disclose information to a Records are retrieved by the name of
contractor to the extent necessary for the the employee to whom they apply.
performance of a contract. DEPARTMENT OF THE TREASURY
(4) Disclose to an appropriate Federal, SAFEGUARDS:
Office of Thrift Supervision
State, local, tribal, or foreign agency, or Safeguard access controls will not be
other public authority, responsible for less than those provided for by IRM [AC–2: OTS Nos. H–4152 and 06210]
implementing or enforcing, or for 25.10.1, Information Technology
investigating or prosecuting the Security Policy and Guidance, and IRM First Federal of Northern Michigan
1.16, Manager’s Security Handbook. Bancorp, Inc., Alpena, MI; Approval of
violation of, a statute, rule, regulation,
Conversion Application
order, or license, when a record on its
RETENTION AND DISPOSAL:
face, or in conjunction with other Notice is hereby given that on
records, indicates a violation or Record retention will be established February 11, 2005, the Assistant
potential violation of law or regulation in accordance with 36 CFR, Chapter Managing Director, Examinations and
and the information disclosed is XII—National Archives and Records Supervision—Operations, Office of
relevant to any regulatory, enforcement, Administration, Part 1228, Subpart B— Thrift Supervision (OTS), or her
investigative, or prosecutorial Scheduling Records. Audio recordings designee, acting pursuant to delegated
responsibility of the receiving authority. and captured computer screen images authority, approved the application of
will be kept long enough for managerial First Federal of Northern Michigan,
(5) Disclose information to officials of review and feedback, and for quality Alpena, Michigan, to convert to the
labor organizations recognized under 5 review purposes, generally not more stock form of organization. Copies of the
U.S.C. Chapter 71 when relevant and than 45 days. However, the agency may application are available for inspection
necessary to their duties of exclusive keep audio recordings and captured by appointment (phone number: 202–
representation, and no privilege is computer screen images for a longer 906–5922 or e-mail:
asserted. period under certain circumstances, Public.Info@OTS.Treas.gov) at the
(6) Disclose information to an including, but not limited to, resolution Public Reading Room, 1700 G Street,
arbitrator, mediator, or similar person, of matters pertaining to poor employee NW., Washington, DC 20552, and OTS
and to the parties, in the context of performance, security (threat, Southeast Regional Office, 1475
alternative dispute resolution, to the altercation, etc.), or conduct-related Peachtree Street, NE., Atlanta, GA
extent relevant and necessary to permit issues. 30309.
the arbitrator, mediator, or similar SYSTEM MANAGER AND ADDRESS: Dated: February 18, 2005.
person to resolve the matters presented, By the Office of Thrift Supervision.
Commissioner, Wage and Investment
including asserted privileges. Nadine Y. Washington,
Division, 401 West Peachtree Street
(7) Disclose information to the Office Northwest, Stop 11–WI, Atlanta, GA Corporate Secretary.
of Personnel Management, Merit 30308, (404) 338–7060 (not a toll free [FR Doc. 05–3547 Filed 2–23–05; 8:45 am]
Systems Protection Board, the Office of number). BILLING CODE 6720–01–M
Special Counsel, or the Equal
Employment Opportunity Commission NOTIFICATION PROCEDURE:
when the records are relevant and Individuals seeking to determine if DEPARTMENT OF THE TREASURY
necessary to resolving personnel, this system of records contains a record Office of Thrift Supervision
discrimination, or labor management pertaining to themselves may inquire in
matters within the jurisdiction of these accordance with instructions appearing [AC–01; OTS Nos. 17970, H–4024 and H–
offices. at 31 CFR Part 1, Subpart C, Appendix 4153]
(8) Disclose information to the Federal B. Inquiries should be addressed to the
system manager address listed above. The Rome Savings Bank, Rome, MHC,
Labor Relations Authority, including the New Rome Bancorp, Inc., Rome, NY;
Office of the General Counsel of that RECORD ACCESS PROCEDURES: Approval of Conversion Applications
authority, the Federal Service Impasses
Board, or the Federal Mediation and Individuals seeking access to any Notice is hereby given that on
Conciliation Service when the records record contained in this system of February 11, 2005, the Assistant
records, or seeking to contest its Managing Director, Examinations and
are relevant and necessary to resolving
contents, may inquire in accordance Supervision—Operations, Office of
any labor management matter within the
with instructions appearing at 31 CFR Thrift Supervision (‘‘OTS’’), or her
jurisdiction of these offices.
Part 1, Subpart C, Appendix B. Inquiries designee, acting pursuant to delegated
(9) Disclose information to the Office should be addressed to the system authority, approved the application of
of Government Ethics when the records manager at the address listed above. Rome, MHC, and The Rome Savings
are relevant and necessary to resolving Bank, Rome, New York, to convert to
any conflict of interest, conduct, CONTESTING RECORD PROCEDURES: the stock form of organization. Copies of
financial statement reporting, or other See ‘‘Record Access Procedures’’ the application are available for
ethics matter within the jurisdiction of above for seeking amendment of records inspection by appointment (phone
that office. that are not tax records. number: 202–906–5922 or e-mail

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