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Adopted Regulations
Summary of Changes to Part 301 of the Superintendent's Regulation


TO EACH INSTITUTION ADDRESSED:

On December 30, 1999, Acting Superintendent of Banks Elizabeth McCaul authorized the adoption of an emergency regulation and proposed rulemaking to Part 301 of the Superintendent’s Regulations, NYCRR Title 3, which pertains to Automated Teller Machine ("ATM") safety by requiring all ATM video surveillance tapes to be changed regularly.

Establishing requirements for quality and maintenance of surveillance equipment at ATM facilities is essential to aid in the prosecution of offenses committed at ATMs. No detailed regulations regarding video tape quality and usage are presently in place. Poor tape quality has been found to be a major drawback in connection with the prosecution of crimes that have been committed within ATM camera range.

This regulation, promulgated pursuant to the authority granted by Banking Law §75-n, will make mandatory guidelines the Banking Department issued on February 23, 1999 in a Letter on Best Practices for ATM Video Tape Usage. Specifically, the regulation calls for any ATM surveillance camera to use a video tape of T-120 grade quality or better. Such tape shall be used no more than once in any 30-day period. The tape 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 a video tape is used, it must be retained by the institution for a 30-day period prior to reuse. The regulation allows for approval by the Superintendent of Banks of alternative methods for producing clear picture images so long as they are at least as effective as those set forth in the regulation.

The Emergency Rule becomes effective on January 23, 2000. The Notice of Emergency Adoption and Proposed Rule Making will be published in the January 19, 2000 issue of the State Register. Comments can be sent to John A. Joyce, Secretary of the New York State Banking Board, New York State Banking Department, 2 Rector Street, New York NY 10006 for 45 days following publication.

Sincerely,
John A. Joyce
Secretary of the New York State Banking Board

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