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Adopted Regulations
Text of Adopted Amendment to Part 301 of the Superintendent Regulation


EMERGENCY AMENDMENT
TO PART 301 OF THE
SUPERINTENDENT’S REGULATIONS

Emergency amendment to Part 301 of the Superintendent’s Regulations "Security at Automated Teller Machine Facilities"

Section 301.5, 6 and 7 are renumbered as Section 301.6,7 and 8 and a new Section 301.5 is added to read as follows:

§301.5 Type and frequency of video tapes for ATM surveillance systems.

(a) Any surveillance camera operated by a banking institution within an automated teller machine facility under its dominion and control as required by section 75-c(1) of the banking law must use a T-120 grade video tape, or a tape of better quality. Such tape shall be used no more than one time (or cycle), from beginning to end, in any 30-day period. Such videotapes shall not be used more than 12 times in total and must be replaced not later than 365 days from the date of its first use. Once such videotape is used, it must be retained by the institution for a 30-day period prior to reuse.

(b) The intent of this regulation is that a banking institution’s video recording method produce a clear and undistorted picture image. A banking institution may request from the Superintendent of Banks approval of an alternative method of producing images which is at least as effective in meeting this objective as the measures set forth in this regulation.

Section 301.6, as renumbered, is amended to read as follows:

§301.6 Report of compliance.

The annual report of compliance required to be filed pursuant to the provisions of section 75-g of the Banking Law shall be filed between February 11th and March 13th of each year and contain language substantially similar to the following:

I, ____________, (persons at institution charged with enforcing compliance with Article II-AA of the Banking Law) hereby certify that all of the automated teller machine facilities operated by _____________ (name of institution) which are subject to the provisions of Article II-AA of the Banking Law are (choose one or more of the following, as applicable):

(1) in full compliance with the provisions of that Article; and/or (as applicable)

(2) are in full compliance with the variance or exemption (as the case may be) granted by the Superintendent for the automated teller machine facility (or facilities) located at ________________ (specific address); and/or (as applicable)

(3) are not in compliance with the provisions of that Article

(4) (name of institution) uses and maintains only T-120 industrial grade video tapes, or better, in accordance with the provisions of section 301.5 above.

In cases in which some or all of the banking institutions automated teller machine facilities are not in compliance with the provisions of article II-AA, the annual report shall indicate the specific address of such facilities, the manner in which each such facility fails to meet the requirements of that Article and the reasons for such non-compliance. Additionally, the annual report shall contain a plan to remedy such non-compliance at each automated teller machine facility. The person signing the annual report shall verify that the information contained therein before a notary public.

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