2026-09-12 | 2026-18766Added
An interim final rule, effective September 14, 2026, raises the total asset threshold from $3 billion to $6 billion for qualifying insured depository institutions (IDIs) with an "outstanding" composite condition to be eligible for an 18-month on-site examination cycle. This rule, jointly issued by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation, also extends eligibility for an 18-month examination cycle to qualifying IDIs with an "outstanding" or "good" composite condition and total assets under $6 billion. Parallel changes are made for U.S. branches and agencies of foreign banks to qualify for the same extended cycle. Public comments on the rule are requested by October 14, 2026.
This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Rules and Regulations Federal Register 58009 Vol. 91, No. 176 Monday, September 14, 2026 DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Part 4 [Docket ID OCC–2026–0761] RIN 1557–AF59 FEDERAL RESERVE SYSTEM 12 CFR Parts 208 and 211 [Docket No. R–1898] RIN 7100–AH28 FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Parts 337 and 347 RIN 3064–AG33 Expanded Examination Cycle for Certain Small Insured Depository Institutions and U.S. Branches and Agencies of Foreign Banks AGENCY: Office of the Comptroller of the Currency (OCC), Treasury; Board of Governors of the Federal Reserve System (Board); and Federal Deposit Insurance Corporation (FDIC). ACTION: Joint interim final rule and request for comments. SUMMARY: The OCC, Board, and FDIC (collectively, the Agencies) are jointly issuing and requesting public comment on an interim final rule to implement
section 903 of the 21st Century ROAD
to Housing Act. The interim final rule raises the asset threshold for certain supervised institutions with less than $6 billion in total assets to qualify for an 18-month on-site examination cycle. The interim final rule also makes parallel changes to the Agencies’ regulations governing the on-site examination cycle for U.S. branches and agencies of foreign banks, consistent with the International Banking Act of 1978 (IBA). DATES: The interim final rule is effective on September 14, 2026. Comments on the rule must be received by October 14, 2026. ADDRESSES: Comments should be directed to:
OCC: Commenters are encouraged to submit comments through the Federal eRulemaking Portal. Please use the title ‘‘Expanded Examination Cycle for Certain Small Insured Depository Institutions and U.S. Branches and Agencies of Foreign Banks’’ to facilitate the organization and distribution of the comments. You may submit comments by any of the following methods:
1 12 U.S.C. 1820(d).
2Public Law 119–101, 140 Stat. 846 (2026). 3See section 210 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (Economic Growth Act), Public Law 115–174, 132 Stat. 1296 (2018) (permitting the Agencies to examine qualifying IDIs with under $3 billion in total assets not less than once during each 18-month period). The Agencies published interim final rules implementing the Economic Growth Act amendments in August 2018, and final rules in December 2018. See 83 FR 43961 (Aug. 29, 2018) and 83 FR 67033 (Dec. 28, 2018), respectively. 4 12 U.S.C. 1820(d)(4) and 1820(d)(10). 5 12 U.S.C. 3105(c)(1)(C). Additionally, certain changes would also be responsive to comments received through the Economic Growth and Regulatory Paperwork Reduction Act review. See Public Law 104–208, Div. A, Title II, section 2222, 110 Stat. 3009–414 (1996) (codified at 12 U.S.C. 3311). See also 89 FR 99751 (Dec. 11, 2024). 6Well capitalized is defined by section 38 of the FDI Act, codified at 12 U.S.C. 1831o, to mean that an IDI significantly exceeds the required minimum level for each relevant capital measure. As required by section 38, the Agencies have defined capital levels that IDIs must meet in order to be well capitalized under the prompt corrective action framework. See 12 CFR 6.4 (OCC); 12 CFR 208.43 (Board); 12 CFR 324.403 (FDIC). 7 IDIs are evaluated under the Uniform Financial Institutions Rating System (commonly referred to as ‘‘CAMELS’’). CAMELS is an acronym that is drawn from the first letters of the individual components of the rating system: Capital adequacy, Asset quality, Management, Earnings, Liquidity, and Sensitivity to market risk. CAMELS ratings of ‘‘1’’ and ‘‘2’’ correspond with ratings of ‘‘outstanding’’ and ‘‘good.’’ In addition to having a CAMELS composite rating of ‘‘1’’ or ‘‘2,’’ an IDI is considered to be ‘‘well managed’’ for the purposes of section 10(d) of the FDI Act only if the IDI also received a rating of ‘‘1’’ or ‘‘2’’ for the management component of the CAMELS rating at its most recent examination. See 72 FR 54347 (Sept. 25, 2007). such as confidential information that would not be appropriate for public disclosure. Comments should identify the number for the specific question(s) to which they respond. Public comments may also be viewed electronically or in person in Room M– 4365A, 2001 C St. NW, Washington, DC 20551, between 9 a.m. and 5 p.m. during Federal business weekdays. FDIC: The FDIC encourages interested parties to submit written comments. Please include your name, affiliation, address, email address, and telephone number(s) in your comment. You may submit comments to the FDIC, identified by RIN 3064–AG33, by any of the following methods:
8Additionally, the Board and the FDIC, as the appropriate Federal banking agencies for Statechartered insured banks and savings associations, are permitted to conduct on-site examinations of such IDIs on alternating 12-month or 18-month periods with an IDI’s State supervisor, if the Board or FDIC, as appropriate, determines that the alternating examination conducted by the State carries out the purposes of section 10(d) of the FDI Act. 12 U.S.C. 1820(d)(3). 9 12 U.S.C. 3105(c)(1)(C). 10 12 U.S.C. 1820(d)(4). The OCC’s regulation implementing section 10(d) of the FDI Act, 12 CFR 4.6, applies to every national bank and Federal savings association, not solely to IDIs. 11 12 U.S.C. 1820(d)(10). Section 10(d)(10) of the FDI Act permits the Agencies to increase the dollar threshold for the 18-month exam cycle for institutions with a composite condition of ‘‘good’’ from $200 million to an amount not to exceed $6 billion. The Agencies previously increased this amount to less than $3 billion. See 83 FR 67033 (Dec. 28, 2018). 12 12 CFR 4.6(c), 4.7(c) (OCC); 12 CFR 208.64(c), 211.26(c)(3) (Board); 12 CFR 337.12(c), 347.211(c) (FDIC). 13 12 U.S.C. 1820(d)(4). 14 12 U.S.C. 3105(c)(1)(C). 15The estimates are based off active institutions as of July 11, 2026 for the Board and the FDIC and as of July 30, 2026 for the OCC, as well as March 31, 2026 data from the Call Report and FFIEC 002, ‘‘Report of Assets and Liabilities of U.S. Branches and Agencies of Foreign Banks.’’ 16See 5 U.S.C. 553. or ‘‘good’’ composite condition and total assets of an amount not to exceed $6 billion (increased from $3 billion), if the agency determines that this amount would be consistent with the principles of safety and soundness for IDIs.8 In addition, section 7(c)(1)(C) of the IBA provides that a Federal or a State branch or agency of a foreign bank shall be subject to on-site examination by its appropriate Federal banking agency or State bank supervisor as frequently as a national or State bank would be subject to such an examination by the appropriate Federal banking agency.9
II. Description of the Interim Final Rule
The Agencies are adopting the interim final rule to implement the 21st Century ROAD to Housing Act’s amendments to sections 10(d)(4) and 10(d)(10) of the FDI Act. The interim final rule implements section 10(d)(4) of the FDI Act, as revised by the 21st Century ROAD to Housing Act, to increase, from $3 billion to $6 billion, the total asset threshold under which the Agencies may apply an 18-month on-site examination cycle for qualifying IDIs that have an ‘‘outstanding’’ composite condition.10 The interim final rule also reflects the Agencies’ exercise of their discretionary authority under section 10(d)(10) of the FDI Act to extend eligibility for an 18-month examination cycle to qualifying IDIs with an ‘‘outstanding’’ or ‘‘good’’ composite condition with total assets under $6 billion, rather than total assets under $3 billion.11 The Agencies have determined that increasing the maximum total asset amount limitation for IDIs with a ‘‘good’’ composite condition to qualify for the 18-month examination cycle to less than $6 billion in total assets is consistent with principles of safety and soundness for IDIs. While extending the examination cycle has the potential to delay an agency’s ability to detect deterioration in an IDI’s financial condition, the Agencies do not expect that extending the examination cycle by six months for these small, well-rated IDIs with relatively simple risk profiles and no outstanding enforcement action or order would appreciably increase their risk of financial deterioration or failure. In addition, the Agencies will continue their off-site monitoring activities designed to identify new or increasing risks, which often include various Call Report-based analyses. This interim final rule also would not change the Agencies’ existing authorities to examine IDIs that qualify for the 18- month examination cycle more frequently as necessary or appropriate, including those IDIs with a ‘‘good’’ composite rating.12 The Agencies also note that, in order to qualify for an 18- month examination cycle, these IDIs with total assets under $6 billion must meet the other capital, managerial, and supervisory criteria set forth in section 10(d)(4) of the FDI Act and the Agencies’ implementing regulations.13 In accordance with section 7(c)(1)(C) of the IBA,14 the Agencies are also making conforming changes to their regulations to raise, from $3 billion to $6 billion, the total asset threshold for the U.S. branches and agencies of foreign banks that would qualify for an 18-month examination cycle. The Agencies will continue to monitor IDIs and U.S. branches and agencies of foreign banks (collectively, financial institutions) in this asset range and the impact of the extended examination cycle.
III. Economic Analysis
The Agencies estimate that the interim final rule will increase the number of banks and savings associations that may be eligible for an extended 18-month examination cycle by approximately 188 (95 of which are supervised by the FDIC, 50 by the OCC, and 43 by the Board), bringing the total number of institutions that may qualify for an extended 18-month cycle to 4,016. This estimate includes the approximately 19 additional U.S. branches and agencies of foreign banks that may be eligible (1 of which is supervised by the FDIC, 10 by the OCC, and 8 by the Board).15 Financial institutions with total assets of $3 billion or more but less than $6 billion that are eligible for the 18-month examination cycle will realize costs savings and can utilize those costs savings in various ways. A potential reduction in examination activity is likely to enable those financial institutions’ existing staff to allocate resources to other activities that could improve business-related outcomes, such as serving customers. These potential beneficial effects will vary from institution to institution depending upon the composition of staff supporting examinations, an institution’s business activities, and the decisions of senior management. Therefore, they are difficult to accurately estimate. As previously discussed, the Agencies believe that extending the examination cycle from 12 months to 18 months for these small financial institutions with relatively simple risk profiles should not appreciably increase their risk of financial deterioration or failure. The Agencies acknowledge that extending the examination cycles creates a longer window during which emerging problems could develop before being detected through an on-site examination. That said, the Agencies believe that the strict eligibility requirements as well as the Agencies’ off-site monitoring activities should serve to minimize any such risks and associated costs. Finally, qualifying financial institutions may incur modest one-time implementation costs such as those attributable to updating their compliance calendars, policies, and examination preparation schedules to reflect the new eligibility criteria and extended cycles. Nonetheless, such implementation costs are expected to be marginal and far outweighed by the ongoing cost savings from the lessfrequent examination cycles for qualifying financial institutions.
IV. Regulatory Analysis
A. Administrative Procedure Act The Agencies are issuing the interim final rule without prior notice, the opportunity for prior public comment, or the delayed effective date ordinarily prescribed by the Administrative Procedure Act (APA).16 Pursuant to
section 553(b)(B) of the APA, general
notice and the opportunity for public comment are not required with respect to a rulemaking when an ‘‘agency for good cause finds (and incorporates the
17 5 U.S.C. 553(b)(B).
18Under 12 U.S.C. 1820(d)(4)(C)(ii), the Agencies may examine on an 18-month cycle an IDI that meets the other factors provided under 12 U.S.C. 1820(d)(4) if the IDI has total assets of $200,000,000 or less and provided its composite condition is ‘‘outstanding’’ or ‘‘good.’’ Under 12 U.S.C. 1820(d)(10), as modified by the 21st Century ROAD to Housing Act, the Agencies are authorized to increase the $200,000,000 total asset threshold to $6,000,000,000. The Agencies are doing so in this interim final rule. 19See, e.g., 83 FR 67033 (Dec. 28, 2018) and 81 FR 10063 (Feb. 29, 2016). 20 5 U.S.C. 553(b)(B). 21 5 U.S.C. 553(d). 22 5 U.S.C. 553(d)(1). 23 5 U.S.C. 553(d)(3). 24 44 U.S.C. 3501 et seq. 25 5 U.S.C. 601 et seq. 26Under regulations issued by the Small Business Administration, a small entity includes a depository institution, bank holding company, or savings and loan holding company with total assets of $850 million or less and trust companies with total assets of $47.0 million or less. 27 12 U.S.C. 4809. 28 2 U.S.C. 1531 et seq. finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.’’ 17 The interim final rule implements the provisions of
section 903 of the 21st Century ROAD
to Housing Act that went into effect on July 11, 2026. In particular, the interim final rule adopts the statutory increase in the total asset threshold, from less than $3 billion to less than $6 billion, for IDIs with an ‘‘outstanding’’ composite condition, and also makes available, pursuant to statutory authority, the 18-month examination cycle for qualifying IDIs with an ‘‘outstanding’’ or ‘‘good’’ composite condition and total assets of less than $6 billion.18 The interim final rule also makes conforming amendments to the Agencies’ regulations governing the onsite examination cycle for U.S. branches and agencies of foreign banks, as required by statute. The Agencies believe that the public interest is best served by aligning the Agencies’ regulations with the 21st Century ROAD to Housing Act’s amendments and implementing the increased total asset threshold as soon as possible. Immediate implementation will clarify requirements and reduce regulatory burden on certain small, well capitalized, and well managed financial institutions while also allowing the Agencies to better focus their supervisory resources on those financial institutions that may present capital, managerial, or other issues of supervisory concern. Because financial institutions and the Agencies must plan and prepare for examinations in advance, the Agencies believe that issuing the interim final rule would provide the certainty necessary for qualifying financial institutions and the Agencies to begin reorienting their planning and preparation, including scheduling examinations according to the new examination cycle period. In addition, the Agencies believe that providing a notice and comment period prior to issuance of the interim final rule is unnecessary because the Agencies do not expect public objection to the regulations being promulgated as they implement the relief provided for in the 21st Century ROAD to Housing Act.19 Moreover, the interim final rule does not alter the Agencies’ current authority to conduct on-site examinations of financial institutions more frequently than once every 18 months if deemed necessary. For these reasons, the Agencies find there is good cause consistent with the public interest to issue the rule without advance notice and comment.20 The APA also requires a 30-day delayed effective date, except for (1) substantive rules which grant or recognize an exemption or relieve a restriction; (2) interpretative rules and statements of policy; or (3) as otherwise provided by the agency for good cause.21 The Agencies conclude that, because the rule recognizes an exemption, the interim final rule is exempt from the APA’s delayed effective date requirement.22 Additionally, the Agencies find good cause to publish the interim final rule with an immediate effective date for the same reasons set forth above under the discussion of section 553(b)(B) of the APA.23 While the Agencies believe there is good cause to issue the rule without advance notice and comment and with an immediate effective date, the Agencies are interested in the views of the public and request comment on all aspects of the interim final rule. B. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (PRA) states that no agency may conduct or sponsor, nor is the respondent required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number.24 The Agencies have reviewed the interim final rule and determined that it would not introduce any new collection of information or revise any existing collection of information pursuant to the PRA. Therefore, no submission will be made to OMB for review.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) 25 requires an agency to consider whether the rules it proposes will have a significant economic impact on a substantial number of small entities.26 The RFA applies only to rules for which an agency publishes a general notice of proposed rulemaking pursuant to 5 U.S.C. 553(b) or any other law. As discussed previously, consistent with
section 553(b)(B) of the APA, the
Agencies have determined for good cause that general notice and opportunity for public comment is unnecessary, and therefore the Agencies are not issuing a notice of proposed rulemaking. Accordingly, the Agencies have concluded that the RFA’s requirements relating to initial and final regulatory flexibility analyses do not apply. Further, the Agencies note that no small entities, as defined by the Small Business Administration’s rules implementing the RFA, will be affected by the interim final rule’s increased asset thresholds. D. Plain Language
Section 722 of the Gramm-Leach
Bliley Act 27 requires the Federal banking agencies to use plain language in all proposed and final rules published after January 1, 2000. The Agencies invite comment on the use of plain language and have sought to present the interim final rule in a simple and straightforward manner. For example:
29See 2 U.S.C. 1532(a).
30 12 U.S.C. 4802(a).
31 12 U.S.C. 4802(b).
32E.O. 12866, 58 FR 51735 (Oct. 4, 1993). 33E.O. 13563, 76 FR 3821 (Jan. 21, 2011). 34 5 U.S.C. 801 et seq. 35 5 U.S.C. 801(a)(3). 36 5 U.S.C. 804(2). Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year ($193 million as adjusted annually for inflation). However, the UMRA does not apply to final rules for which a general notice of proposed rulemaking was not published.29 As discussed above, consistent with section 553(b)(B) of the APA, the Agencies have determined for good cause that general notice and opportunity for public comment is unnecessary and therefore the Agencies are not issuing a notice of proposed rulemaking. Moreover, because this interim final rule imposes no new mandates, it will not require additional expenditure of $193 million or more annually by any State, local, or tribal governments, in the aggregate, or by the private sector. Accordingly, for these reasons, the OCC has not prepared a budgetary impact statement under the UMRA. F. Riegle Community Development and Regulatory Improvement Act of 1994 Pursuant to section 302(a) of the Riegle Community Development and Regulatory Improvement Act (RCDRIA),30 in determining the effective date and administrative compliance requirements for new regulations that impose additional reporting, disclosure, or other requirements on IDIs, each Federal banking agency must consider, consistent with principles of safety and soundness and the public interest, any administrative burdens that such regulations would place on depository institutions, including small depository institutions, and customers of depository institutions, as well as the benefits of such regulations. In addition,
section 302(b) of RCDRIA requires new
regulations and amendments to regulations that impose additional reporting, disclosures, or other new requirements on IDIs generally to take effect on the first day of a calendar quarter that begins on or after the date on which the regulations are published in final form, with certain exceptions, including for good cause.31 Because the interim final rule expands eligibility for an 18-month, rather than 12-month, onsite examination schedule and is burden-reducing in nature, the interim final rule does not impose additional reporting, disclosure, or other requirements on IDIs, and section 302 of the RCDRIA therefore does not apply. Nevertheless, the Agencies have considered the administrative burdens that such regulations would place on depository institutions and the benefits of such regulations in determining the effective date and compliance requirements. In addition, for the same reasons set forth previously under the discussion of section 553(b)(B) of the APA, the Agencies find good cause under section 302 of RCDRIA to publish the interim final rule with an immediate effective date. G. Executive Orders 12866, 13563, and 14192 Executive Order 12866 (Regulatory Planning and Review) 32 and Executive Order 13563 (Improving Regulation and Regulatory Review) 33 direct Federal agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. The interim final rule was drafted and reviewed in accordance with Executive Order 12866 and Executive Order 13563. Within OMB, the Office of Information and Regulatory Affairs (OIRA) has determined that this rulemaking is not a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866, as amended, and therefore it was not subject to an E.O. 12866 review. This joint interim final rule is also not an E.O. 14192 regulatory action. H. Congressional Review Act For purposes of the Congressional Review Act, OMB determines whether a final rule constitutes a ‘‘major’’ rule.34 If a rule is deemed a ‘‘major rule’’ by OMB, the Congressional Review Act generally provides that the rule may not take effect until at least 60 days following its publication.35 The Congressional Review Act defines a ‘‘major rule’’ as any rule that the Administrator of the Office of Information and Regulatory Affairs of the OMB finds has resulted in or is likely to result in—(A) an annual effect on the economy of $100,000,000 or more; (B) a major increase in costs or prices for consumers; individual industries; Federal, State, or local government agencies; or geographic regions; or (C) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets.36 OMB has determined that this interim final rule is not a major rule for purposes of the Congressional Review Act. As required, the Agencies will submit this final rule and other appropriate reports to Congress and the Government Accountability Office for review. List of Subjects 12 CFR Part 4 Administrative practice and procedure, Freedom of information, Individuals with disabilities, Minority businesses, Organization and functions (Government agencies), Reporting and recordkeeping requirements, Women. 12 CFR Part 208 Accounting, Agriculture, Banks, banking, Confidential business information, Consumer protection, Crime, Currency, Federal Reserve System, Flood insurance, Insurance, Investments, Mortgages, Reporting and recordkeeping requirements, Securities. 12 CFR Part 211 Exports, Federal Reserve System, Foreign banking, Holding companies, Investments, Reporting and recordkeeping requirements. 12 CFR Part 337 Banks, banking, Reporting and recordkeeping requirements, Savings associations, Securities. 12 CFR Part 347 Authority delegations (Government agencies), Bank deposit insurance, Banks, banking, Credit, Foreign banking, Investments, Reporting and recordkeeping requirements, U.S. investments abroad. DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Chapter I Authority and Issuance For the reasons set forth in the preamble, the Office of the Comptroller of the Currency proposes to amend part 4 of chapter I of title 12 of the Code of Federal Regulations as follows:
PART 4—ORGANIZATION AND
FUNCTIONS, AVAILABILITY AND RELEASE OF INFORMATION, CONTRACTING OUTREACH PROGRAM, POST–EMPLOYMENT RESTRICTIONS FOR SENIOR EXAMINERS
(b) * * *
(1) The bank or Federal savings association has total assets of less than $6 billion;
(b) * * *
(1) * * *
(i) Has total assets of less than $6 billion;
FEDERAL RESERVE SYSTEM 12 CFR Chapter II Authority and Issuance For the reasons set forth in the preamble, the Board amends parts 208 and 211 of chapter II of title 12 of the Code of Federal Regulations as follows:
PART 208—MEMBERSHIP OF STATE
BANKING INSTITUTIONS IN THE FEDERAL RESERVE SYSTEM (REGULATION H)
(b) * * *
(1) The bank has total assets of less than $6 billion;
PART 211—INTERNATIONAL
BANKING OPERATIONS
(REGULATION K)
(c) * * *
(2) * * *
(i) * * *
(A) Has total assets of less than $6 billion;
FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Chapter III Authority and Issuance For the reasons stated in the preamble, the Board of Directors of the FDIC amends parts 337 and 347 of
chapter III of title 12 of the Code of
Federal Regulations as follows:
PART 337—UNSAFE AND UNSOUND
BANKING PRACTICES
(b) * * *
(1) The institution has total assets of less than $6 billion;
PART 347—INTERNATIONAL
BANKING
(b) * * *
(1) * * *
(i) Has total assets of less than $6 billion;
Jonathan V. Gould,
Comptroller of the Currency.
By order of the Board of Governors of the Federal Reserve System. Benjamin W. McDonough, Secretary of the Board. Federal Deposit Insurance Corporation. By order of the Board of Directors, Dated at Washington, DC, on August 27, 2026. Jennifer M. Jones, Deputy Executive Secretary. [FR Doc. 2026–18766 Filed 9–11–26; 8:45 am] BILLING CODE 4810–33–P–6210–01–P–6714–01–P
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