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Adopted Regulations
Summary of Text and Changes to Part 301 of Superintendent's Regulations Pertaining to ATM Video Tape Usage


September 11, 2000

To The Institution Addressed:

Re: Part 301 of the Superintendent’s Regulations

On May 30, 2000, Superintendent of Banks Elizabeth McCaul authorized the adoption of an amendment to Part 301 of the Superintendent’s Regulations, NYCRR Title 3, which pertains to Automated Teller Machine ("ATM") facilities’ safety by requiring all ATM video surveillance tapes to be changed regularly.

Your institution was notified in an earlier letter that the Banking Department filed an Emergency Rulemaking on January 4, 2000 adopting requirements for quality and maintenance of videotapes used in surveillance cameras at ATM facilities on an emergency basis along with a notice that the Banking Department intended to adopt the emergency rule on a permanent basis. The Notice of Proposed Rulemaking was published in the March 1, 2000 State Register and the 45 day comment period expired on April 17, 2000.

This regulation, promulgated pursuant to the authority granted by Banking Law §75-n, requires any ATM surveillance camera to use a video tape of T-120 (commercial/industrial) grade quality or better. The Regulation requires that a tape shall be used no more than once in any 30-day period, that the tape shall not be used more than 12 times in total and that it 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 at least 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 Banking Department believes that establishing requirements for quality and maintenance of surveillance equipment at ATM facilities is essential to aid in the prosecution of offenses committed at ATMs. 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.

The amendments to Part 301 became effective on June 21, 2000 upon publication in the June 21, 2000 issue of the State Register.

Sincerely, 

Alvin A. Narin
Acting Secretary to the New York State Banking Board