Proposed Revisions to the Federal Reserve Policy on Payment System Risk and the Guidelines for Account and Services Requests (payment account), 91 FR 30627, FR Doc 2026-10375 (Part 2 of 3)

Bitcoin Research — Law, Regulation, Markets & Origins (2026)

Banking

2

2026-05-26

Document text

Research, not advice. Part of the Bitcoin research archive (October 2026). Claims labelled unverified, contested or fringe are reported, not endorsed; statuses of bills and rules are as of the date checked. Government, court and patent records are public domain; the research notes are CC BY 4.0.

and settling payments, which is its
                                              holders to act as either OC1                            regarding the Payment Account holder’s                   intended purpose.
                                              Correspondents or OC 1 Respondents as                   BSA/AML or OFAC compliance                                  Payment Account holders would be
                                              those terms are defined in OC1.                         programs.56                                              responsible for managing their account
                                                                                                         These illicit finance terms are                       to ensure compliance with their Closing
                                                 The Account Access Guidelines’                       consistent with those the Reserve Banks
                                              consideration of risks to the payment                                                                            Balance Limit. Under the proposal,
                                                                                                      already use to mitigate illicit finance                  Reserve Banks would also implement an
                                              system includes cyber and operational                   risks associated with Master Accounts.
                                              risks among the payment risk                                                                                     escalating compliance program—
                                                                                                      The Board believes potential Payment                     moving from counseling to service
                                              considerations. As previously discussed                 Account holders, in particular, would
                                              in Section III.A.1, given the Payment                                                                            restrictions, and potentially to account
                                                                                                      benefit from the transparency provided                   closure as the incidence or severity of
                                              Account’s proposed simplified                           by setting out potential illicit finance
                                              operational and risk profile and the                                                                             breaches of the Closing Balance Limit
                                                                                                      terms that a Reserve Bank might impose.                  increases.59
                                              reliance on the assessments of                          The Board anticipates that Payment                          In setting the individual Closing
                                              requesters’ primary supervisors, the                    Account requesters are more likely to be                 Balance Limit, the Reserve Bank would
                                              Board believes Reserve Banks can assess                 subject to weaker or more divergent                      analyze internal Reserve Bank data on
                                              requesters’ cyber and operational risks                 supervisory regimes and are more likely                  the Payment Account holder’s payment
                                              at that time within the proposed 90-day                 to engage in new or emerging business                    flows, in particular at the beginning of
                                              review period.                                          lines. Accordingly, Payment Account                      the Federal Reserve’s business day, and
                                              3. Terms To Mitigate Illicit Finance Risk               requesters could pose greater and more                   take into consideration periods of time
                                                                                                      heterogenous risk than federally insured                 when external sources of liquidity may
                                                 Under the Account Access
                                                                                                      institutions. The above non-exhaustive                   be limited such as during weekends and
                                              Guidelines, provision of a Payment
                                                                                                      list of potential terms would inform                     holidays.60 In addition, the Payment
                                              Account should not create undue risk to
                                                                                                      potential Payment Account holders of                     Account holder could provide the
                                              the overall economy by facilitating
                                                                                                      the illicit finance mitigants that Reserve               Reserve Bank with forecasts and
                                              illicit finance. In consideration of this
                                                                                                      Banks may apply to Payment                               additional information related to
                                              principle and the comments received on
                                                                                                      Accounts.57                                              expected daily variations in payments
                                              the RFI, the Board is proposing to set
                                              out a non-exhaustive list of terms                      4. Terms To Mitigate Risk to Financial                   and growth in payments over time.
                                              available to a Reserve Bank, at its                     Stability and Monetary Policy                            Similarly, the Reserve Bank would
                                              discretion, to mitigate illicit finance risk            Implementation                                              58 The business day of Federal Reserve Financial
                                              associated with the provision of a                         The Board is proposing that the                       Services is defined in Part II of the PSR Policy. It
                                              particular Payment Account. If                          Payment Account would be subject to a                    is the 24-hour period that begins immediately after
                                              requested by the Reserve Bank, a                        Closing Balance Limit established by the                 the regularly-scheduled close of business of the
                                              Payment Account holder would be                                                                                  Fedwire Funds Service (on days when the Fedwire
                                                                                                      Reserve Bank pursuant to the new Part                    Funds Service is open) and the FedNow Service on
                                              required to provide information related                 IV of the PSR Policy proposed by this                    all other days, including weekends and holidays
                                              to its BSA/AML and OFAC compliance.                     notice. Under the framework set out in                   (which, in both cases, is generally 7:00 p.m. ET).
                                              This information would assist the                       this proposal, an individual Payment                     For the purposes of the Closing Balance Limit, the
                                              Reserve Bank in its initial or ongoing                                                                           open of the Federal Reserve business day would be
                                                                                                      Account’s Closing Balance Limit, not to                  the open of the FedNow Service Funds Transfer
                                              assessment of the illicit finance risk                  exceed $1 billion, would be based on                     Business Day (generally 7:01 p.m. ET).
                                              associated with provision of the                        the Reserve Bank’s analysis of the                          59 The Board considered whether Reserve Banks

                                              Payment Account. The Reserve Bank                       Payment Account holder’s expected                        should rely solely on an account holders’ internal
                                              could require this additional                                                                                    controls to ensure balance limit compliance or, on
                                                                                                      payment flows, in particular at the                      the other hand, if Reserve Banks should
                                              information on an ad hoc or periodic                    beginning of the Federal Reserve’s                       immediately restrict access if an account holder
                                              basis depending on its individualized                   business day, and take into                              violated its limit. The Board believes the proposed
                                              assessment of the institution. These                    consideration periods of time when                       approach strikes the right balance of ensuring
                                              informational requirements could                                                                                 compliance while not overly penalizing an account
                                                                                                      external sources of liquidity may be                     holder for isolated violations of its limit.

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                                              include:                                                                                                            60 A Reserve Bank would not have internal data
                                                 • Providing the Reserve Bank with an                   56 Reserve Banks may request independent
                                                                                                                                                               to conduct this analysis at account opening. The
                                              independent, third-party assessment of                  assessments, attestations, and audit reports on an ad    Reserve Bank, however, would have obtained
                                              the Payment Account holder’s BSA/                       hoc basis or on an ongoing basis at a frequency          information to review the institution’s Payment
                                                                                                      determined by the Reserve Bank.                          Account request under the Account Access
                                              AML and OFAC compliance programs;                         57 The Board reiterates that Reserve Banks retain      Guidelines. The Reserve Bank should rely on this
                                                 • Providing the Reserve Bank with an                 their discretion to implement illicit finance controls   information to conduct its analysis to set the initial
                                              attestation regarding the Payment                       for Master Accounts and OC 1 Respondents.                Closing Balance Limit.

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                                              30640                          Federal Register / Vol. 91, No. 100 / Tuesday, May 26, 2026 / Notices

                                              review each Payment Account’s                           holders from commercial bank deposits                 is proposing that the Reserve Bank
                                              individual Closing Balance Limit at                     to support higher intraday balances in                would take into account the Payment
                                              least annually using Reserve Bank data                  Payment Accounts.61                                   Account holder’s individual
                                              and any additional information                             The Board believes that paying zero                circumstance in setting the individual
                                              provided by the Payment Account                         interest on Payment Account balances                  Closing Balance Limit, up to a limit of
                                              holder.                                                 and establishing the Closing Balance                  $1 billion.
                                                 Limiting the closing balances of                     Limit would support the goal of limiting                 Finally, the proposal acknowledges
                                              Payment Accounts would mitigate risks                   balances in Payment Accounts. During                  that, in unusual circumstances, the
                                              posed by Payment Accounts to the                        normal market conditions, it is likely                Reserve Banks may temporarily permit
                                              financial sector and overall economy.                   that a zero interest rate would                       an institution to exceed its individual
                                              The Board continues to believe that                     incentivize Payment Account holders to                Closing Balance Limit. The Reserve
                                              provision of an account and services to                 minimize Payment Account balances to                  Bank would require the Payment
                                              an institution should not create undue                  the lowest level practical to manage                  Account holder to provide a reasonable
                                              risk to the stability of the U.S. financial             their payment flows. During periods of                explanation for why it is seeking to
                                              system. As discussed above, the                         general market stress, Payment Account                temporarily exceed its Closing Balance
                                              Payment Account is designed as a                        holders may prefer to hold higher                     Limit. The Board believes that requests
                                              special-purpose account for clearing and                account balances than during non-stress               to temporarily exceed the Closing
                                              settling the Payment Account holder’s                   periods, regardless of the interest rate              Balance Limit should be granted only
                                              payment activity and not for the store of               paid on the Payment Account. In                       rarely. For example, a Payment Account
                                              value. However, Payment Account                         addition, there may be periods where                  holder could anticipate larger than
                                              holders may seek to hold balances in                    the Payment Account holder has                        normal payment outflows and request to
                                              excess of those needed for payments in                  idiosyncratic incentives to hold higher               temporarily exceed its Closing Balance
                                              the Payment Account. Such a scenario                    balances at a Reserve Bank. In these                  Limit to maintain the smooth flow of
                                              could have negative financial stability                 periods, the Closing Balance Limit                    payments. Given the reasons for limiting
                                              implications. In particular, during                     would further support minimizing                      Payment Account balances explained
                                              periods of market volatility or stress,                 balances in Payment Accounts.                         above, the Reserve Bank would be
                                              and in the absence of a Closing Balance                 Together, these two Payment Account                   expected to consult with the Board if
                                              Limit, Payment Account holders might                    terms—paying zero interest and the                    the requested temporary Closing
                                              quickly increase Payment Account                        Closing Balance Limit—support the                     Balance Limit exceeds $1 billion. The
                                              balances at a Reserve Bank, which could                 Board’s goal of minimizing the direct                 Reserve Bank would be expected to
                                              rapidly drain balances from other                       effects of Payment Accounts on the                    consult with the Board if it temporarily
                                              account holders. A rapid decrease in the                Federal Reserve balance sheet to only                 permitted a Payment Account’s closing
                                              amount of reserves that account holders                 what is needed for efficient and                      balance to be equal to or less than $ 1
                                              can access could increase money market                  effective implementation of monetary                  billion (but, in excess of its Closing
                                              rate volatility.                                        policy.                                               Balance Limit) for two consecutive
                                                 Furthermore, a Closing Balance Limit                    In proposing the maximum size of the               Federal Reserve business days.
                                              would help the Federal Reserve                          Closing Balance Limit, the Board
                                              maintain an overall balance sheet that is               completed a distributional analysis of                B. Proposed Changes to the PSR Policy
                                              consistent with its monetary policy                     closing balances data for existing                      The Board is proposing to amend the
                                              implementation framework. Consistent                    Reserve Bank accounts over the past five              PSR Policy to provide transparency
                                              with the Board’s proposal to amend                      years and found that $1 billion would                 around certain standard terms that
                                              Regulation D, the Board has considered                  be equal to or greater than                           would apply to accounts that Reserve
                                              the effects of limiting balances in                     approximately 97 percent of account                   Banks provide to legally eligible
                                              Payment Accounts on monetary policy                     closing balances over the review                      institutions.63 The Board believes that
                                              implementation. As discussed in greater                 period.62                                             such transparency would benefit
                                              detail in the Board’s Federal Register                     In determining the appropriate                     institutions as they make decisions
                                              notice proposing to amend Regulation D                  maximum Closing Balance Limit, the                    around business structure and potential
                                              to prohibit Payment Account balances                    Board considered several options,                     account usage.
                                              from earning interest, the contained size               including setting the limit to zero. The
                                              of Payment Accounts would help ensure                   Board believes a limit of zero would be               1. Proposal to Add Part IV to the PSR
                                              that their direct effect on Federal                     inconsistent with a Payment Account                   Policy
                                              Reserve liabilities would be modest and                 holder’s need to prefund its payment                     The Board believes the PSR Policy is
                                              that the Federal Reserve will not have                  activity for the beginning of the next                the most appropriate existing Federal
                                              to expand its balance sheet significantly               business day. For example, the FedNow                 Reserve policy to document these
                                              beyond what would otherwise be                          Service operates 24 hours a day, and the              account terms. The PSR Policy already
                                              needed to efficiently and effectively                   Fedwire Funds Service currently                       covers certain activities that occur in
                                              implement monetary policy. However,                     operates 22 hours a day. Because                      accounts, such as risks associated with
                                              the indirect effect of Payment Accounts                 Payment Accounts will not have access
                                              on other Federal Reserve liabilities is                 to intraday credit, Payment Accounts                     63 The accounts covered by the proposed Part IV
                                              difficult to assess and would depend on                 will need to maintain a sufficient                    are distinct from the accounts that Reserve Banks
                                              several factors, including: the                         balance in the account to settle                      provide (i) as depository and fiscal agent, such as
                                              characteristics of the Payment Account                                                                        those provided for the Treasury and for certain
                                                                                                      payments. The Board was also informed                 government-sponsored entities (12 U.S.C. 391, 393–

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                                              holders (i.e., their balance sheet                      by the comments it received on the RFI                95, 1823, 1435), (ii) to certain international
                                              composition and business models), the                   when determining the Closing Balance                  organizations (22 U.S.C. 285d, 286d, 290o–3, 290i–
                                              form of substitution into Payment                       Limit amount. For the reasons explained               5, 290l–3), (iii) to designated financial market
                                              Accounts from other means of payment                                                                          utilities (12 U.S.C. 5465), and (iv) pursuant to the
                                                                                                      above and in Section II.D.2, the Board                Board’s Regulation N (12 CFR part 214), excess
                                              (e.g., deposits at depository institutions,                                                                   balances accounts (12 CFR 204.10(d)), and joint
                                              physical currency), and the amount of                    61 Regulation D Notice.
                                                                                                                                                            accounts described in the Board’s Guidelines for
                                              sweeping activity of Payment Account                     62 See Appendix I.                                   Evaluating Joint Account Requests.

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                                                                              Federal Register / Vol. 91, No. 100 / Tuesday, May 26, 2026 / Notices                                                    30641

                                              the incurrence of intraday or overnight                 Access Guidelines, Part IV of the PSR                  balance in real time to automatically
                                              overdrafts in Master Accounts. More                     Policy would include them all for                      reject any transactions that would create
                                              importantly, the PSR Policy focuses on                  completeness and transparency. The                     an overdraft.
                                              risks associated with payments,                         terms discussed in proposed Part IV
                                                                                                                                                             C. Proposed Revisions to the Guidelines
                                              clearing, and settlement. Each of these                 relate to (a) closing balances, (b) interest
                                              activities is fundamental to Reserve                    on overnight balances, (c) access to                      Given that Reserve Banks’ access
                                              Bank accounts and services. The Board                   Reserve Bank credit, (d) access to                     decisions can have implications for a
                                              is proposing to introduce a new Part IV                 Reserve Bank financial services, (e)                   wide array of Federal Reserve policies
                                              to the PSR Policy to outline the types of               account usage restrictions, (f) excess                 and objectives, the Board continues to
                                              accounts that Reserve Banks provide to                  balance account participation, and (g)                 believe that a structured, transparent,
                                              legally eligible institutions, and certain              illicit finance risk.                                  and detailed framework for evaluating
                                              standard terms that Reserve Banks apply                    In addition to serving as a resource to             access requests benefits the financial
                                              to these accounts.                                      summarize Payment Account terms that                   system broadly. Such a framework also
                                                                                                      are implemented through other                          helps foster consistent evaluation of
                                              a. General Terms and Master Account                     regulations or policies, proposed Part IV              access requests, from both risk and
                                              Terms                                                   would itself implement certain Payment                 policy perspectives, across all twelve
                                                 Proposed Part IV would include                       Account terms. First, Part IV would                    Reserve Banks.
                                              general terms that apply to both Master                 require Reserve Banks to establish the                    A Payment Account request would be
                                              Accounts and Payment Accounts. In                       proposed Closing Balance Limit as                      evaluated using the same principles as
                                              recent years, some institutions have                    described in Section III.A.4. Part IV                  a request for a Master Account. The
                                              requested that Reserve Banks recognize                  would also clarify that Payment                        Board considered making changes to the
                                              third-party interests in Master Accounts.               Accounts would not have limits on                      risk-based principles set out in the
                                              For example, some institutions have                     intraday balances. In addition to the                  Account Access Guidelines to
                                              requested accounts to hold funds in a                   proposed changes to Part II discussed                  accommodate the Payment Account, but
                                              trustee or fiduciary capacity. Reserve                  below, Part IV would prohibit Payment                  believes it appropriate to propose no
                                              Banks do not maintain Master Accounts                   Account holders from accessing                         amendments at this time.
                                              for the benefit of anyone other than the                intraday credit (also known as daylight
                                                                                                                                                             1. Proposed Revisions to the Review
                                              accountholder and, as such, do not                      overdrafts). Relatedly, Part IV would
                                                                                                                                                             Framework To Accommodate Payment
                                              recognize third-party interests in Master               provide that a Payment Account would
                                                                                                                                                             Accounts
                                              Accounts. Accordingly, Part IV would                    only have access to those services in
                                              state that Reserve Banks do not                         which the Reserve Banks can                               As discussed in Section III.A of this
                                              recognize third-party interests in Master               automatically reject transactions that                 notice, the Payment Account, by design,
                                              Accounts and would not recognize them                   would cause an overdraft. The Board’s                  would have a lower residual risk profile
                                              in the proposed Payment Account.                        proposal to restrict a Payment Account                 than a Master Account due to the
                                                 Proposed Part IV would also state that               from being an OC 1 Correspondent or                    proposed Payment Account terms.
                                              an institution may only maintain one                    OC 1 Respondent would also be                          Additionally and consistent with the
                                              account except in very limited                          implemented through Part IV.65 Part IV                 Account Access Guidelines, the Board
                                              circumstances. For example, following a                 would also outline a set of non-                       expects the Reserve Banks would
                                              merger, a bank may maintain two                         exhaustive, discretionary illicit finance              incorporate, to the extent possible, the
                                              accounts for up to a year. The proposal                 mitigants available to Reserve Banks.                  assessments of an institution’s primary
                                              to limit institutions to one account and                Finally, the Board would include a                     supervisor into its independent
                                              the exceptions to the one-account rule                  provision in Part IV, similar to that for              assessment of the institution’s risk
                                              are consistent with the Reserve Banks’                  Master Accounts, reiterating the Reserve               profile. Therefore, the Board is
                                              existing account agreement.64                           Banks’ discretion to impose other                      proposing that requests for a Payment
                                                 Finally, as explained in Section III.A.,             Payment Account terms to manage the                    Account receive a more streamlined
                                              the Board is proposing to clarify that                  risks identified in the Guidelines.                    review relative to the same institution
                                              Master Accounts do not have a standard                                                                         requesting a Master Account.67
                                                                                                      2. Revisions to Part II
                                              set of risk-mitigating terms (although                                                                         2. Proposed Timing Expectations for
                                              Reserve Banks have discretion to                           In addition to the standard account
                                                                                                      terms set out in the new proposed Part                 Reviewing Access Requests
                                              impose terms on Master Accounts) and
                                              are separate from Payment Accounts.                     IV, the Board is proposing changes to                     The Board believes that setting
                                                                                                      Section II.F of the Board’s PSR Policy.                expectations about the period within
                                              b. Payment Account Terms                                Specifically, the Board proposes to                    which a Reserve Bank would grant or
                                                 As discussed in Section III.A of this                revise Section F (Special Situations) of               deny an access request would give
                                              notice, the Payment Account is                          Part II (Federal Reserve Intraday Credit               requesting institutions clarity on the
                                              designed with a standard set of risk-                   Policies) of the PSR Policy to clarify that            resources and time needed for the
                                              mitigating terms that create a lower                    institutions granted a Payment Account                 evaluation process. While target dates
                                              residual risk profile to the relevant                   would not be eligible for intraday credit              are useful, the Board also believes that
                                              Reserve Bank, the payment system, and                   and would only have access, at most, to                the differences across access requests,
                                              to monetary policy implementation                       those services for which the Reserve                   which would involve different charter
                                              relative to a Master Account. Proposed                  Banks can automatically reject                         types, business models, regulatory
                                              Part IV describes these standard                        transactions that would cause an                       regimes, and risk profiles, preclude

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                                              Payment Account terms. While some of                    overdraft.66 Reserve Bank systems                      specification of rigid timelines. Instead,
                                              the terms in Part IV of the PSR Policy                  would monitor the institution’s account
                                                                                                                                                                67 While Payment Account requests will receive
                                              would be implemented through                              65 See infra Section III.A.2.                        a more streamlined review than a Master Account
                                              Regulations A and D and the Account                       66 Currently, those services are the Fedwire Funds   request from the same institution due to the
                                                                                                      Service, the FedNow Service, the National              Payment Account’s lower residual risk profile, the
                                                64 See Reserve Banks’ Operating Circular 1            Settlement Service, and the Fedwire Securities         Board reiterates that the Guidelines’ tiered
                                              (Accounts), § 2.3, available at FRBservices.org.        Service for securities transfers free of payment.      framework would continue to apply.

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                                              30642                           Federal Register / Vol. 91, No. 100 / Tuesday, May 26, 2026 / Notices

                                              the Board believes that the tiering                      expectations to institutions seeking                  services to a Payment Account holder
                                              framework and the Payment Account’s                      accounts and services.                                for use of FedNow in an OC 1
                                              risk controls permit the creation of                       The Board considered setting the time               Respondent capacity, are there
                                              indicative timelines.                                    periods from the date on which an                     particular or unique risks the institution
                                                 First, the Board is proposing that the                institution first requested access. The               should consider in deciding whether or
                                              review of any requests for accounts and                  Board understands that some                           not to offer such services?
                                              services from Tier 1 institutions,                       commenters may express concern that                      4. The Board is proposing that the
                                              including a Master Account or Payment                    Reserve Banks will continually request                Closing Balance Limit be established
                                              Account access request, should be                        new documents to extend the review                    based on an institution’s expected
                                              completed within 45 calendar days after                  timeline. However, the Board believes                 payment activity at the beginning of the
                                              the Reserve Bank receives all requested                  that setting the timeline from the date               Federal Reserve’s business day, not to
                                              documentation. The proposed time                         an institution submits its access request             exceed $1 billion.
                                                                                                       would not give the Reserve Banks                         a. Is $1 billion an appropriate
                                              period reflects the less intensive and
                                                                                                       sufficient time or information to review              maximum for the Closing Balance
                                              more streamlined review for Tier 1
                                                                                                       an institution’s request. In many cases,              Limit?
                                              institutions under the Guidelines’                                                                                b. Are there effects of limiting closing
                                              tiering framework. Because detailed                      institutions do not submit sufficient
                                                                                                       documentation with their access request               balances in Payment Accounts that the
                                              regulatory and financial information                                                                           Board has not identified?
                                              would be available for most Tier 1                       to facilitate the Reserve Banks’ review
                                                                                                       under the Guidelines.                                    5. The proposal does not include
                                              institutions, the Board believes review                                                                        specific illicit finance requirements in
                                              of a Tier 1 institution’s access request                   For Master Account requests from
                                                                                                       Tier 2 and Tier 3 institutions, the Board             connection with a Payment Account
                                              should take less than 45 calendar days                                                                         request. Should there be requirements
                                              once the Reserve Bank receives all                       believes that the nature of the relevant
                                                                                                       variables—including the variety of                    for institutions that are not federally
                                              documents. The Board, however, is                                                                              insured? For example, if an institution
                                              proposing 45 calendar days to                            charter types, business models,
                                                                                                       regulatory regimes, and risk profiles—                requesting a Payment Account were not
                                              accommodate those requests where a                                                                             federally insured, should the institution
                                              Reserve Bank may need additional time,                   precludes specification of a single
                                                                                                       timeline. As a result, the Board is not               be required to submit an attestation that
                                              for example, if there have been recent                                                                         it is a ‘‘bank’’ under the BSA or be
                                              material changes to an institution’s                     setting an indicative timeline for
                                                                                                       Reserve Bank reviews of these access                  required to submit an assessment of its
                                              business model.                                                                                                BSA/AML and OFAC compliance
                                                                                                       requests. The Board would continue to
                                                 The Payment Account’s standardized                    monitor the length of Reserve Banks’                  programs from an independent third-
                                              controls and limitations would reduce                    individual reviews.                                   party, or should the Reserve Bank be
                                              its residual risk profile and thereby                                                                          required to confirm that the BSA/AML
                                              facilitate a more streamlined review                     IV. Request for Comment                               and OFAC supervisory and regulatory
                                              relative to the review of a request for a                  The Board requests comments on all                  regime of the institution is comparable
                                              Master Account from the same                             aspects of the proposed changes to the                to that of a federally insured institution?
                                              institution. The Board believes it would                 Account Access Guidelines and the PSR                    6. Should the Board make any
                                              be appropriate for Reserve Banks                         Policy. Further, the Board specifically               changes to the existing tiering
                                              generally to evaluate Payment Account                    seeks comment on the following aspects                framework in connection with the
                                              access requests, under the Guidelines’                   of the proposal:                                      Payment Account proposal and the
                                              tiered framework, from Tier 2 and Tier                     1. Would the design of the Payment                  proposed amendments to the
                                              3 institutions within 90 calendar days of                Account, as updated from the RFI,                     Guidelines?
                                              receiving all requested                                  support eligible institutions’ payment                   7. Is the proposed timeline for
                                              documentation.68 Reserve Banks would                     activity and be an attractive account                 reviewing access requests from Tier 1
                                              consult with the Board if their review of                option?                                               institutions appropriate? Should the
                                              a Payment Account request might take                       2. The Board is proposing to establish              Board consider setting timelines for
                                              longer than the 90-calendar day period.                  the Closing Balance Limit in a new Part               reviewing other access requests from
                                                                                                       IV of the PSR Policy.                                 Tier 2 and Tier 3 institutions?
                                                 The proposal contemplates that
                                              Reserve Banks would consult with the                       a. Given that paying zero interest and              V. Competitive Impact Analysis
                                              Board when the review of an access                       limiting closing balances on Payment
                                                                                                       Accounts both serve a similar function                  When considering changes to an
                                              request might take longer than the                                                                             existing service, the Board conducts a
                                              contemplated time period. Each                           and have important interactions, should
                                                                                                       the Board consider codifying the                      competitive impact analysis to
                                              institution is unique, and in certain                                                                          determine whether there would be a
                                              instances, an institution’s request might                Closing Balance Limit in Regulation D?
                                                                                                       Why or why not?                                       direct and material adverse effect on the
                                              require more time than the proposed                                                                            ability of other service providers to
                                              indicative timelines. In such cases, the                   b. Are there important interactions
                                                                                                       between limiting closing balances and                 compete effectively with the Federal
                                              Board would expect the Reserve Bank to                                                                         Reserve in providing similar services
                                              explain the efforts it has made to meet                  paying zero interest on Payment
                                                                                                       Accounts that the Board has not                       due to differing legal powers or the
                                              the relevant review period, why it has                                                                         Federal Reserve’s dominant market
                                              been unable to meet the review period,                   identified?
                                                                                                         3. The Board is proposing to restrict               position deriving from such legal
                                              and the time expected to complete its                                                                          differences.69 Consistent with this
                                                                                                       a Payment Account from being an OC 1
                                              review. The Board believes the proposal

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                                                                                                       Correspondent or OC 1 Respondent for                  policy, the Board typically conducts a
                                              would provide sufficient flexibility to                                                                        competitive impact analysis when it
                                                                                                       any service to which Payment Accounts
                                              Reserve Banks while giving clearer
                                                                                                       have access. Should a Payment Account
                                                                                                                                                               69 See Federal Reserve Board, The Federal
                                                68 An institution’s delay or failure to provide
                                                                                                       holder be permitted to access the
                                                                                                                                                             Reserve in the Payments System (issued 1984, rev.
                                              documents requested by the Reserve Bank might
                                                                                                       FedNow Service as an OC 1                             1990 and Jan. 2001), https://
                                              result in a delay in the Reserve Bank’s review of its    Respondent? If an institution were                    www.federalreserve.gov/paymentsystems/pfs_
                                              access request.                                          permitted to offer OC 1 Correspondent                 frpaysys.htm.

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                                                                             Federal Register / Vol. 91, No. 100 / Tuesday, May 26, 2026 / Notices                                                30643

                                              proposes amendments to the PSR                          with a proposed rule, the RFA generally                 accommodate the Payment Account are
                                              Policy.                                                 requires an agency to prepare an Initial                not applicable), OC 1 Respondent status,
                                                 With respect to the proposed                         Regulatory Flexibility Analysis (IRFA)                  or not requesting access. The proposed
                                              amendments to Part II.F of the PSR                      describing the impact of the rule on                    changes to the PSR Policy, therefore,
                                              Policy (which would specify that                        small entities, unless the head of the                  would not impose mandatory
                                              Payment Account holders do not have                     agency certifies that the proposal will                 requirements on any small entities. The
                                              access to intraday credit), the Board                   not have a significant economic impact                  Board invites public comments on all
                                              believes that there would be no adverse                 on a substantial number of small entities               aspects of this IFRA.
                                              effects to other service providers                      and publishes such certification along
                                              resulting from the proposed changes to                  with a statement providing the factual                  1. Reasons Action Is Being Considered
                                              the PSR Policy because the proposed                     basis for such certification in the                        As discussed in this notice, the Board
                                              changes do not materially change the                    Federal Register. An IRFA must contain                  is proposing to revise the PSR Policy to
                                              current approach of the PSR Policy—the                  (i) a description of the reasons why                    accommodate the provision of Payment
                                              amendments would continue to limit                      action by the agency is being                           Accounts by Reserve Banks.
                                              intraday credit access to institutions                  considered; (ii) a succinct statement of
                                              eligible for regular access to the                      the objectives of, and legal basis for, the             2. Objectives of and Legal Basis for the
                                              discount window.                                        proposal; (iii) a description of, and,                  Proposal
                                                 With respect to proposed new Part IV                 where feasible, an estimate of the                         As discussed in this notice, the
                                              of the PSR Policy (which would outline                  number of small entities to which the                   proposed changes to the PSR Policy
                                              the types of accounts that the Reserve                  proposal will apply; (iv) a description of              would implement certain proposed
                                              Banks provide to legally eligible                       the projected reporting, recordkeeping,                 terms of the Payment Account, most
                                              institutions, and certain standard terms                and other compliance requirements of                    notably the Closing Balance Limit, terms
                                              that the Reserve Banks apply to these                   the proposal, including an estimate of                  to mitigate illicit finance risk, the
                                              accounts), the Board is not conducting                  the classes of small entities that will be              intraday credit restriction, the limitation
                                              a competitive impact analysis. Under                    subject to the requirement and the type                 of services to those in which the Reserve
                                              Board policy, the Board conducts a                      of professional skills necessary for                    Banks can automatically reject
                                              competitive impact analysis when it                     preparation of the report or record; (v)                transactions that would cause an
                                              considers ‘‘an operational or legal                     an identification, to the extent                        overdraft, and the OC 1 Correspondent
                                              change, such as a change to a price or                  practicable, of all relevant Federal rules              and OC 1 Respondent restrictions.
                                              service, or a change to Regulation J, if                that may duplicate, overlap with, or                       Section 11(j) of the Federal Reserve
                                              that change would have a direct and                     conflict with the proposal; and (vi) a                  Act authorizes the Board to exercise
                                              material adverse effect on the ability of               description of any significant
                                              other service providers to compete                                                                              general supervision over the Reserve
                                                                                                      alternatives to the proposal that                       Banks, including their provision of
                                              effectively with the Federal Reserve in                 accomplish its stated objectives and
                                              providing similar services due to                                                                               accounts and services.73 Pursuant to this
                                                                                                      minimize any significant economic                       authority, the Board issued the PSR
                                              differing legal powers or constraints or                impact of the proposed rule on small
                                              due to a dominant market position of                                                                            Policy to support its objective to foster
                                                                                                      entities.72                                             the safety and efficiency of payment,
                                              the Federal Reserve deriving from such                     While the Board does not believe that
                                              legal difference.’’ (emphasis added).70                                                                         clearing, settlement, and recording
                                                                                                      the proposed changes to the PSR Policy                  systems and to promote financial
                                              This policy is focused on the role of the               would have a significant economic
                                              Reserve Banks in their provision of                                                                             stability, more broadly. The proposed
                                                                                                      impact on a substantial number of small                 changes to the PSR Policy would further
                                              financial services, such as the Fedwire                 entities, and regardless of whether the
                                              Funds Service, the Fedwire Securities                                                                           these objectives.
                                                                                                      RFA applies to the PSR Policy per se,
                                              Service, and the FedNow Service, that                   the Board has nevertheless prepared the                 3. Description and Estimate of the
                                              compete with private-sector financial                   following IRFA with respect to the                      Number of Small Entities
                                              services. Financial services are distinct               proposed changes to the PSR Policy.
                                              from an account, which at, its core, is                                                                            The SBA has adopted size standards
                                                                                                         The Board believes that the proposed                 for determining whether a particular
                                              a record of rights and obligations                      changes to the PSR Policy to
                                              between an account holder and its bank.                                                                         entity is a ‘‘small entity’’ for purposes of
                                                                                                      accommodate the provision of Payment                    the RFA. The Board believes that the
                                              With the proposed introduction of Part                  Accounts by Reserve Banks will not
                                              IV, the Board is thus not considering a                                                                         most appropriate SBA size standard to
                                                                                                      have a significant economic impact on                   apply in determining whether a member
                                              change to any of the Reserve Banks’                     a substantial number of small entities.
                                              services (or Regulation J). Accordingly,                                                                        bank, depository institution, or branch
                                                                                                      First, Payment Accounts would be a                      or agency of a foreign bank is a small
                                              the Board is not conducting a                           new, optional way for institutions to
                                              competitive impact analyses in                                                                                  entity is the SBA size standard for
                                                                                                      request access to Reserve Bank accounts                 ‘‘commercial banking.’’ Under this
                                              connection with the proposed                            and services, and therefore no existing
                                              introduction of Part IV.                                                                                        standard, an entity engaged in
                                                                                                      account holders would be affected.                      commercial banking is considered a
                                              VI. Administrative Law Matters                          Second, institutions would retain the                   small entity if it has total assets of $850
                                                                                                      option of requesting a Master Account                   million or less.74
                                              A. Regulatory Flexibility Act                           (for which the proposed changes to
                                                                                                                                                                 The population of relevant
                                                The Regulatory Flexibility Act, 5                                                                             institutions could potentially include all
                                              U.S.C. 601 et seq. (RFA), requires an                   company, or savings and loan holding company

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                                                                                                      with total assets of $850 million or less. See 13 CFR   institutions that (1) are legally eligible
                                              agency to consider the impact of its                                                                            for a Payment Account, and (2) do not
                                                                                                      121.201. Consistent with the SBA’s General
                                              rules on small entities.71 In connection                Principles of Affiliation, the Board includes the       have a Master Account or settle
                                                                                                      assets of all domestic and foreign affiliates toward    transactions in a correspondent’s Master
                                                70 Id.                                                the applicable size threshold when determining
                                                71 Under regulations issued by the U.S. Small         whether to classify a particular entity as a small
                                                                                                      entity. See 13 CFR 121.103.                              73 12 U.S.C. 248(j).
                                              Business Administration (SBA), a small entity
                                              includes a depository institution, bank holding           72 5 U.S.C. 603(b)–(c).                                74 See 13 CFR 121.201.

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                                              30644                           Federal Register / Vol. 91, No. 100 / Tuesday, May 26, 2026 / Notices

                                              Account.75 The Board estimates that, as                   optional way for institutions to request             requirements and burden estimates
                                              of the end of 2025, there are                             access to accounts and services, and the             should be sent to the addresses listed in
                                              approximately 7,000 small entities, of                    proposed changes to the PSR Policy                   the ADDRESSES section. A copy of the
                                              which 6,800 already have a Master                         would not impose mandatory                           comments may also be submitted to the
                                              Account or access to services.                            requirements on any small entities.                  OMB desk officer: By mail to U.S. Office
                                              Accordingly, the Board estimates that                       Therefore, the Board believes that                 of Management and Budget, 725 17th
                                              there are approximately 200 small                         proposed changes to the PSR Policy will              Street NW, #10235, Washington, DC
                                              entities that the proposed amendments                     not have a significant economic impact               20503 or by facsimile to (202) 395–5806,
                                              to the PSR Policy might affect, were                      on substantial number of small entities              Attention, Federal Banking Agency Desk
                                              these small entities to decide to request                 supervised by the Board.                             Officer.
                                              Payment Accounts.                                           The Board welcomes comment on all
                                                                                                                                                             Proposed Implementation of the
                                                                                                        aspects of its analysis. In particular, the
                                              4. Description of Compliance                                                                                   Following Information Collection
                                                                                                        Board requests that commenters
                                              Requirements                                              describe the nature of any impact on                   Collection Title: Disclosure Provisions
                                                 The proposal to establish a Closing                    small entities and provide empirical                 Associated with the Payment System
                                              Balance Limit for Payment Accounts in                     data to illustrate and support the extent            Risk Policy and Account Access
                                              the PSR Policy would impose additional                    of the impact.                                       Guidelines.
                                              compliance requirements on institutions                                                                          Collection Identifier: FR 4103.
                                                                                                        B. Paperwork Reduction Act                             OMB Number: 7100–NEW.
                                              requesting and holding a Payment
                                              Account. As discussed in Section III.A.4                    Certain provisions of the Guidelines                 General Description of Collection:
                                                                                                        and PSR Policy contain ‘‘collections of                PSR Policy: The proposed changes to
                                              above, an individual Payment Account’s
                                                                                                        information’’ within the meaning of the              the PSR Policy would introduce two
                                              Closing Balance Limit would be based
                                                                                                        Paperwork Reduction Act (PRA) of                     disclosure provisions. First, under the
                                              on the Reserve Bank’s analysis of the
                                                                                                        1995.77 In accordance with the                       proposal, Payment Accounts would be
                                              Payment Account holder’s payment
                                                                                                        requirements of the PRA, the Board may               subject to a Closing Balance Limit,
                                              flows, using internal Reserve Bank data
                                                                                                        not conduct or sponsor, and the                      which would be set by the Reserve
                                              and any forecasts and additional                                                                               Banks and reviewed at least annually. In
                                              information provided by the Payment                       respondent is not required to respond
                                                                                                        to, an information collection unless it              order to initially set the Closing Balance
                                              Account holder. To comply with the                                                                             Limit, a Reserve Bank would rely on
                                              proposed terms to mitigate illicit                        displays a currently valid Office of
                                                                                                        Management and Budget (OMB) control                  information obtained by the Reserve
                                              finance risk in the PSR Policy, a                                                                              Bank during its review of the
                                              Payment Account holder may be                             number. The Board has reviewed the
                                                                                                        Guidelines and PSR Policy under                      institution’s Payment Account request.
                                              required on an ad hoc or ongoing basis                                                                         Payment Account holders would have
                                              to provide information to demonstrate                     authority delegated to the Board by the
                                                                                                        OMB. The Guidelines and PSR Policy                   an ongoing ability to submit additional
                                              its compliance with BSA/AML and                                                                                data and information to support the
                                              OFAC requirements as discussed in                         contain information collections subject
                                                                                                        to the PRA. The Board proposes to                    Reserve Bank’s determination of the
                                              Section III.A.3 above.76                                                                                       individual Payment Account’s Closing
                                                                                                        implement for three years the Disclosure
                                              5. Duplicative, Overlapping, and                          Provisions Associated with the Payment               Balance Limit. The disclosure of this
                                              Conflicting Rules                                         System Risk Policy and Account Access                additional data and information would
                                                 The Board is not aware of any federal                  Guidelines (FR 4103; OMB No. 7100–                   be voluntary. Second, under the
                                              rules that may duplicate, overlap with,                   NEW) to account for these provisions.                proposal, a Payment Account holder
                                              or conflict with the proposed changes to                    Comments are invited on:                           may be required on an ad hoc or
                                              the PSR Policy.                                             (a) whether the collection of                      ongoing basis to provide information to
                                                                                                        information is necessary for the proper              demonstrate its compliance with BSA/
                                              6. Significant Alternatives Considered                    performance of the Board’s functions,                AML and OFAC requirements.78 If
                                                 The Board considered alternatives                      including whether the information has                required by a Reserve Bank, the
                                              such as setting the Closing Balance                       practical utility;                                   disclosure of this information would be
                                              Limit to zero and calculating the Closing                   (b) the accuracy of the estimates of the           required to retain a benefit.
                                              Balance Limit in a different manner (see                  burden of the information collection,                  Guidelines: Pursuant to the
                                              Section III.A.4 above) and not proposing                  including the validity of the                        Guidelines, institutions requesting an
                                              any illicit finance terms (see Section                    methodology and assumptions used;                    account or services from a Reserve Bank
                                              III.A.3 above). The Board does not                          (c) ways to enhance the quality,                   must disclose to the Reserve Bank
                                              believe that any of these alternatives                    utility, and clarity of the information to           information about the institution
                                              considered by the Board would have                        be collected;                                        sufficient for the Reserve Bank to
                                              affected the economic impact on small                       (d) ways to minimize the burden of                 evaluate the request against the
                                              entities because, as noted above, the                     the information collection on                        Guidelines. These disclosures are
                                              Payment Account would be a new,                           respondents, including through the use               required to obtain a benefit.
                                                                                                        of automated collection techniques or                  Frequency: Event-generated.
                                                 75 The Board assumes that small entities that          other forms of information technology;                 Respondents: Institutions that are
                                              currently have Master Accounts or settle                  and                                                  legally eligible to, and request to, obtain
                                              transactions in a correspondent’s Master Account            (e) estimates of capital or start-up               an account or services from a Reserve
                                              would not request a Payment Account.                                                                           Bank. Legally eligible institutions
                                                 76 See Section VI.B for the estimated annual
                                                                                                        costs and costs of operation,

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                                                                                                        maintenance, and purchase of services                include member banks, depository
                                              burden hours associated with setting the Closing
                                              Balance Limit and compliance with the terms to            to provide information.                              institutions, and U.S. branches and
                                              mitigate illicit finance risk. As stated in footnote 57     Comments on aspects of this
                                              supra, while the terms in the PSR Policy address                                                                 78 As stated in footnote 57 supra, while the terms
                                                                                                        document that may affect reporting,
                                              Payment Account holders, the Reserve Banks would                                                               in the PSR Policy address Payment Account
                                              retain their discretion to implement illicit finance      recordkeeping, or disclosure                         holders, the Reserve Banks would retain their
                                              controls for Master Accounts and OC 1                                                                          discretion to implement illicit finance controls for
                                              Respondents.                                               77 44 U.S.C. 3501–3521.                             Master Accounts and OC 1 Respondents.

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                                                                              Federal Register / Vol. 91, No. 100 / Tuesday, May 26, 2026 / Notices                                                         30645

                                              agencies of foreign banks pursuant to                    account (e.g., a Master Account) or                      provision of these accounts and
                                              Sections 13(1) and 13(14) of the FRA.79                  services from a Reserve Bank must                        services.
                                                Total estimated number of                              disclose to the Reserve Bank
                                                                                                                                                                Revision to Section II.F of the PSR
                                              respondents: 34.                                         information about the institution
                                                                                                                                                                Policy
                                                Estimated average hours per response:                  sufficient for the Reserve Bank to
                                                Guidelines—20.80                                       evaluate the request against the six                        The Board proposes to revise Section
                                                PSR Policy—                                            principles of the Guidelines. The                        II.F of the PSR Policy by adding the
                                                Closing Balance Limit disclosure—                      proposed change to the Guidelines                        following new section II.F.5 (‘‘Special-
                                              1.81                                                     would add the Payment Account as a                       purpose account (Payment Account)’’)
                                                BSA/AML and OFAC compliance                            new type of account that an eligible                     and renumbering existing section II.F.5
                                              disclosure—3.82                                          institution may request. The request for                 as section II.F.6.
                                                Total estimated annual burden hours:                   a Payment Account, like all other                        F. Special Situations
                                              816.                                                     account requests, would be evaluated
                                                Current actions:                                       pursuant to the Guidelines, and any                      *        *       *      *       *
                                                PSR Policy: The proposal would add                     institution requesting a Payment                         5. Special-Purpose Account (Payment
                                              two disclosure provisions to the PSR                     Account from a Reserve Bank would be                     Account)
                                              Policy. First, as discussed above in                     required to disclose to the Reserve Bank
                                              Section III.A.4, a Reserve Bank would                                                                                Institutions that have been granted a
                                                                                                       information about the institution                        special-purpose account for purposes of
                                              review an individual Payment                             sufficient for the Reserve Bank to
                                              Account’s Closing Balance Limit at least                                                                          settling and clearing payment activity,
                                                                                                       evaluate the request.                                    also known as a Payment Account, may
                                              annually, using internal Reserve Bank
                                              data and any forecasts and additional                    VII. Federal Reserve Policy on Payment                   not incur daylight overdrafts. Reserve
                                              information provided by the Payment                      System Risk                                              Banks will monitor the institution’s
                                              Account holder, to ensure the limit                                                                               activity in real time and reject
                                                                                                         For the reasons set forth in the                       transactions that would create an
                                              remains appropriately sized. The                         preamble, the Board proposes to amend
                                              Closing Balance Limit, and therefore                                                                              overdraft. Reserve Banks may apply
                                                                                                       the PSR Policy as follows:                               other risk controls as necessary.2
                                              this disclosure, would only be
                                                                                                         [The following titled portion will not
                                              applicable institutions that are granted a                                                                        Addition of Part IV to the PSR Policy
                                                                                                       be published in the Code of Federal
                                              Payment Account. Second, as discussed                                                                             and Conforming Changes to the Table of
                                                                                                       Regulations.]
                                              in Section III.A.3 above, a Payment                                                                               Contents
                                              Account holder may be required on an                     Revision to the Introduction to the PSR                    The Board proposes to revise the PSR
                                              ad hoc or ongoing basis to provide                       Policy                                                   Policy by adding the following new Part
                                              information to demonstrate its                                                                                    IV following Part III and proposes to
                                              compliance with BSA/AML and OFAC                           The Board proposes to revise the
                                                                                                       Introduction section of the PSR Policy                   make conforming changes to the table of
                                              requirements.83                                                                                                   contents to the PSR Policy.
                                                Guidelines: Reserve Banks use the                      by adding the following new paragraph
                                              Guidelines to analyze all requests for                   immediately before the last paragraph in                 Part IV. Policy on Reserve Bank
                                              access to accounts and services.                         the existing section.                                    Accounts and Services
                                              Currently, institutions requesting an                    Introduction                                                This part outlines some of the
                                                                                                       *     *     *     *    *                                 different types of accounts and services
                                                 79 The Guidelines apply to access requests from
                                                                                                                                                                that Reserve Banks provide to legally
                                              any institution legally eligible to obtain an account      Part IV of this policy outlines some of
                                                                                                                                                                eligible institutions, and the standard
                                              or services, including Edge Agreement Corporations       the different types of Reserve Bank
                                              (12 U.S.C. 601–604a, 611–631) and to requests to be                                                               terms under which these accounts are
                                                                                                       accounts (accounts) that Reserve Banks
                                              an agent or participant in an excess balance account                                                              provided.3 Decisions regarding the
                                              (12 CFR 204.10(d)); provided that the Guidelines         provide to most legally eligible
                                                                                                                                                                provision of accounts and services are
                                              and PSR Policy do not apply to accounts and              institutions, and the standard terms
                                                                                                                                                                made at the discretion of individual
                                              services provided by a Reserve Bank (i) as               under which these accounts and                           Reserve Banks, and the Reserve Banks
                                              depository and fiscal agent, such as those provided      Reserve Bank financial services
                                              for the Treasury and for certain government-                                                                      retain discretion to impose additional
                                              sponsored entities (12 U.S.C. 391, 393–95, 1823,         (services) are provided.1 Under this                     terms to manage the risks set forth in the
                                              1435), (ii) to certain international organizations (22   part, the Board recognizes the benefit of                Guidelines on a case-by-case basis.
                                              U.S.C. 285d, 286d, 290o–3, 290i–5, 290l–3), (iii) to     providing transparency around the                           Reserve Banks evaluate requests from
                                              designated financial market utilities (12 U.S.C.         standard terms under which the Reserve
                                              5465), and (iv) pursuant to the Board’s Regulation                                                                legally eligible institutions for access to
                                              N (12 CFR part 214), or to joint accounts as             Banks provide these accounts and                         accounts and services under the Board’s
                                              described in the Board’s Guidelines for Evaluating       services while acknowledging that                        guidelines for Reserve Banks to evaluate
                                              Joint Account Requests.                                  Reserve Banks maintain discretion                        requests for access to Reserve Bank
                                                 80 These Guidelines disclosure requirements are
                                                                                                       whether to provide these accounts and                    accounts and services (Account Access
                                              currently applicable to all requests for access to
                                              accounts and services (e.g., Master Account
                                                                                                       services and whether to impose                           Guidelines or Guidelines).4
                                              requests) and would be applicable to Payment             additional, more restrictive terms on the
                                              Account requests.                                                                                                 A. Reserve Bank Account Options
                                                 81 The disclosure provision relating to the Closing       1 This policy does not apply to accounts that the
                                                                                                                                                                  For most legally eligible institutions,
                                              Balance Limit would only be applicable to Payment        Reserve Banks provide (i) as depository and fiscal
                                              Accounts.                                                                                                         the Reserve Banks offer two account
                                                                                                       agent, such as those provided for the Treasury and
                                                 82 The disclosure provision relating to illicit
                                                                                                       for certain government-sponsored entities (12

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                                                                                                                                                                    2 See also infra Part IV.
                                              finance controls would be applicable to Payment          U.S.C. 391, 393–95, 1823, 1435), (ii) to certain
                                              Accounts, Master Accounts, and OC 1 Respondents,                                                                    3 Terms, as used in this part, refers to parameters
                                                                                                       international organizations (22 U.S.C. 285d, 286d,
                                              based on Reserve Bank discretion.                        290o–3, 290i–5, 290l–3), (iii) to designated financial   set by the Board by regulation or policy and as
                                                 83 As stated in footnote 57 supra, while the terms    market utilities (12 U.S.C. 5465), and (iv) pursuant     implemented by the Reserve Banks through their
                                              in the PSR Policy address Payment Account                to the Board’s Regulation N (12 CFR part 214),           Operating Circulars and other agreements.
                                              holders, the Reserve Banks would retain their            excess balances accounts (12 CFR 204.10(d)), and           4 87 FR 51099 (Aug. 19, 2022) (as amended by 89

                                              discretion to implement illicit finance controls for     joint accounts described in the Board’s Guidelines       FR 100495 (Dec. 12, 2024) (and as proposed to be
                                              Master Accounts and OC 1 Respondents.                    for Evaluating Joint Account Requests.                   amended by this Federal Register notice

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                                              30646                           Federal Register / Vol. 91, No. 100 / Tuesday, May 26, 2026 / Notices

                                              types: a Master Account or a Payment                     Accounts for the benefit of third parties.               Reserve Bank will analyze internal
                                              Account.5 A Master Account is a                          For example, Reserve Banks do not                        Reserve Bank data on the Payment
                                              general-purpose account maintained by                    maintain accounts for institutions acting                Account holder’s payment flows (if
                                              a Reserve Bank for a legally eligible                    in a trustee, fiduciary, or similar                      available), in particular at the beginning
                                              institution. A Payment Account is a                      capacity.                                                of the Federal Reserve’s business day,
                                              special-purpose account maintained by                                                                             and take into consideration periods of
                                                                                                       1. Master Account Terms                                  time when external sources of liquidity
                                              a Reserve Bank for a legally eligible
                                              institution for the purpose of clearing                    The Reserve Banks’ general-purpose                     may be limited, such as during
                                              and settling payments activity of the                    Master Accounts do not have standard                     weekends and holidays.9 In addition,
                                              institution, its depositors, and its other               usage restrictions. A Master Account                     the Payment Account holder may
                                              customers.                                               may be used to settle any service                        provide the Reserve Bank with forecasts
                                                                                                       approved by the relevant Reserve Bank.                   and additional information related to
                                              B. Reserve Bank Account and Service                      Notwithstanding the foregoing, Reserve                   expected daily variations in payments
                                              Terms                                                    Banks have discretion on a case-by-case                  and growth in payments over time. The
                                                 Accounts and services are subject to                  basis to impose other terms on a Master                  Reserve Bank will review an individual
                                              the terms set forth in the Reserve Banks’                Account or terminate a Master Account                    Payment Account’s Closing Balance
                                              operating circulars and any other                        to manage the risks set forth in the                     Limit at least annually, using Reserve
                                              agreements governing the provision of                    Guidelines.7                                             Bank data and any forecasts and
                                              accounts and services. These terms are                                                                            additional information provided by the
                                                                                                       2. Payment Account Terms                                 Payment Account holder, to ensure the
                                              designed to mitigate a range of risks set
                                              forth in the Account Access Guidelines.                    Payment Accounts are special                           limit remains appropriately sized to
                                                 The Reserve Banks implement various                   purpose accounts designed for the                        support the Payment Account holder’s
                                              controls to mitigate the risks associated                purpose of clearing and settling                         payments at the open of the Federal
                                              with the provision of accounts and                       payments activity of the institution, its                Reserve business day.
                                              services. For example, Reserve Banks in                  depositors, and its other customers.                       At the same time, the Federal Reserve
                                              certain cases use credit-limit monitoring                Payment Accounts have a standard set                     desires to limit the overall size of
                                              of account balances, limit access to                     of risk-mitigating terms that create a                   closing Payment Account balances.
                                              intraday credit, restrict access to                      lower residual risk profile than a Master                Therefore, notwithstanding the
                                              different services, and impose account                   Account.                                                 foregoing, an individual Payment
                                              balance requirements to mitigate the                                                                              Account’s Closing Balance Limit shall
                                                                                                       a. Account Balances
                                              risks posed by an institution’s access to                                                                         not exceed $1 billion.
                                              accounts and services.                                      Closing Balance Limit: The Reserve                      The Reserve Bank has sole discretion
                                                 Certain terms apply to the provision                  Bank will require each holder of a                       to set the Closing Balance Limit of the
                                              of all Reserve Bank accounts. In                         Payment Account to limit closing                         Payment Account within the parameters
                                              particular, institutions generally may                   balances maintained in its Payment                       noted above.
                                              only maintain one account with a                         Account to the amount set pursuant to                      In unusual circumstances, the Reserve
                                              Reserve Bank, either a single Payment                    this part (the Closing Balance Limit).                   Bank may permit, on a case-by-case
                                              Account or a single Master Account.6                     The Payment Account holder is                            basis, a Payment Account holder to
                                              Further, Reserve Banks do not recognize                  expected to achieve an account balance                   temporarily exceed its Closing Balance
                                              third-party interests in Master Accounts                 at or below the Closing Balance Limit at                 Limit (Temporary Closing Amount). The
                                              or Payment Accounts, and they do not                     the Federal Reserve’s close of business.8                Reserve Bank will consult with the
                                              maintain Master Accounts or Payment                         A Payment Account is designed only                    Board before (i) permitting a Payment
                                                                                                       to facilitate the clearing and settlement                Account’s Temporary Closing Amount
                                                 5 Master Accounts and Payment Accounts are            of the Payment Account holder’s                          to exceed $1 billion or (ii) if it permits
                                              distinct from the accounts that Reserve Banks            payment activity. Payment Account                        a Payment Account’s Temporary
                                              provide (i) as depository and fiscal agent, such as      holders are permitted to maintain                        Closing Amount to excess the relevant
                                              those provided for the Treasury and for certain                                                                   Payment Account’s Closing Balance
                                              government-sponsored entities (12 U.S.C. 391, 393–
                                                                                                       balances in the account at the Federal
                                              95, 1823, 1435), (ii) to certain international           Reserve’s close of business only to                      Limit for two consecutive Federal
                                              organizations (22 U.S.C. 285d, 286d, 290o–3, 290i–       provide sufficient liquidity for payment                 Reserve business days.
                                              5, 290l–3), (iii) to designated financial market         activity at the beginning of the next                      A Reserve Bank may contact a
                                              utilities (12 U.S.C. 5465), and (iv) pursuant to the                                                              Payment Account holder if its Payment
                                              Board’s Regulation N (12 CFR part 214), excess
                                                                                                       Federal Reserve business day. In setting
                                              balances accounts (12 CFR 204.10(d)) and joint           the Closing Balance Limit for an                         Account balance exceeded its Closing
                                              accounts described in the Board’s Guidelines for         individual Payment Account, the                          Balance Limit at the close of Federal
                                              Evaluating Joint Account Requests.                                                                                Reserve business. If a Payment Account
                                                 6 An institution may have more than one account          7 Such conditions or limitations may include          holder repeatedly violates its Closing
                                              only in the following circumstances:                     credit-limit monitoring of account balances,             Balance Limit, a Reserve Bank should
                                                 (i) it may retain, for a transitional period not to   limiting access to intraday credit, restricting or not
                                              exceed 12 months, the account of an acquired,            permitting access to different Reserve Bank
                                                                                                                                                                consider additional restrictions or
                                              failed, or a non-surviving institution with which it     services, and imposing account balance                   terminating the institution’s access to
                                              has merged or consolidated. The relevant Reserve         requirements.                                            one or more services. The Reserve Bank
                                              Bank may restrict the use of such an account as it          8 The business day of Federal Reserve Financial
                                                                                                                                                                should consider closing the account in
                                              deems necessary or appropriate, and may require          Services is defined in Part II. It is the 24-hour
                                              that the Financial Institution execute a security                                                                 cases where the Payment Account
                                                                                                       period that begins immediately after the regularly-
                                              agreement covering multiple accounts;                    scheduled close of business of the Fedwire Funds         holder is in frequent or material

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                                                 (ii) a U.S. branch or agency of a foreign bank, an    Service (on days when the Fedwire Funds Service
                                              Edge Act corporation, or an Agreement Corporation        is open) and the FedNow Service on all other days,         9 When setting the initial Closing Balance Limit
                                              may maintain a single account, or it may maintain        including weekends and holidays (which, in both          for a Payment Account, internal Reserve Bank data
                                              an account for each group of offices located in the      cases, is generally 7:00 p.m. ET). For the purposes      may not be available. The Reserve Bank will rely
                                              same state and the same Federal Reserve District;        of the Closing Balance Limit, the open of the            on information obtained by the Reserve Bank
                                              and                                                      Federal Reserve business day is the open of the          during its review of the institution’s Payment
                                                 (iii) the relevant Reserve Bank, in its discretion,   FedNow Service Funds Transfer Business Day               Account request to conduct its analysis to set the
                                              may allow multiple accounts in other situations.         (generally 7:01 p.m. ET).                                initial Closing Balance Limit.

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                                                                              Federal Register / Vol. 91, No. 100 / Tuesday, May 26, 2026 / Notices                                                     30647

                                              noncompliance with its Closing Balance                   access to an account and services                     Guidelines Covering Access to Accounts
                                              Limit.                                                   should not create undue risk to the                   and Services at Federal Reserve Banks
                                                Intraday Balance Limit: Payment                        overall economy by facilitating activities            (Account Access Guidelines)
                                              Accounts have no intraday account                        such as money laundering, terrorism
                                                                                                                                                             Section 1: Principles
                                              balance limit. During the Federal                        financing, fraud, cybercrimes, economic
                                              Reserve business day, a Payment                          or trade sanctions violations, or other                  The Board of Governors of the Federal
                                              Account holder is allowed to maintain                    illicit activity (illicit activity).                  Reserve System (Board) has adopted
                                              an unlimited balance in a Payment                           In many cases, the Reserve Bank will               these account access guidelines
                                              Account. This will allow the Payment                     receive, on an ongoing basis, an                      comprised of six principles to be used
                                              Account holder to fund its payments                      assessment of the Payment Account                     by Federal Reserve Banks (Reserve
                                              activity flexibly during the Federal                     holder by its primary supervisor. A                   Banks) in evaluating requests (access
                                              Reserve business day.                                    Reserve Bank may, at its discretion,                  requests) for Reserve Bank accounts
                                                                                                       require a Payment Account holder to                   (accounts) and Reserve Bank financial
                                              b. Interest on Overnight Balances                                                                              services (services).1 2 The Board has
                                                                                                       provide additional information to
                                                 Pursuant to the Board’s Regulation D,                 mitigate illicit finance risk. These                  issued these account access guidelines
                                              a Payment Account holder will not                        mitigants may include, but are not                    under its general supervision authority
                                              receive interest on balances maintained                  limited to, requiring that the Payment                over the operations of the Reserve
                                              at a Reserve Bank.10                                     Account holder:                                       Banks, 12 U.S.C. 248(j). Decisions on
                                              c. Access to Reserve Bank Credit                            • Provide the Reserve Bank with an                 individual requests for access to
                                                                                                       independent, third-party assessment                   accounts and services are made by the
                                                 No Access to the Discount Window:                     that the Payment Account holder’s BSA/                Reserve Bank in whose District the
                                              Pursuant to the Board’s Regulation A, a                  AML and OFAC compliance programs                      requester is located.
                                              Payment Account holder will not be                       are consistent with the terms in the                     The Account Access Guidelines apply
                                              permitted to access credit from the                      Board’s Account Access Guidelines;                    to access requests from all institutions
                                              discount window.                                            • Provide the Reserve Bank with an                 that are legally eligible to receive an
                                                 No Access to Intraday Credit and                      attestation regarding the Payment                     account or services, as discussed in
                                              Credit-Limit Monitoring: Payment                         Account holder’s BSA/AML or OFAC                      more detail in the first principle.3 The
                                              Account holders will not be permitted                    compliance;                                           Board expects the Reserve Banks to
                                              to utilize Reserve Bank intraday credit                     • Meet regularly with the Reserve                  engage in consultation with each other
                                              (i.e., incur daylight overdrafts). Reserve               Bank to discuss noteworthy or material                and the Board, as appropriate, on
                                              Banks will reject transactions that                      compliance issues regarding BSA/AML                   reviews of access requests, as well as
                                              would create an overdraft.11                             and OFAC;                                             ongoing monitoring of accountholders,
                                              d. Reserve Bank Financial Services                          • Notify the Reserve Bank of any                   to ensure that the guidelines are
                                                                                                       BSA/AML or OFAC enforcement action                    implemented in a consistent and timely
                                                A Payment Account may only be used                                                                           manner. The Board believes it is
                                                                                                       taken against the Payment Account
                                              to settle services for which the Reserve                                                                       important to make clear that legal
                                                                                                       holder by a regulatory or supervisory
                                              Banks have automated solutions to                                                                              eligibility does not bestow a right to
                                                                                                       authority;
                                              reject a transaction that would cause the                   • Notify the Reserve Bank of any                   obtain an account and services. While
                                              Payment Account balance to be                            material deficiencies identified                      decisions regarding individual access
                                              negative.12                                              regarding the Payment Account holder’s                requests remain at the discretion of the
                                              e. Account Usage Restrictions                            BSA/AML or OFAC compliance                            individual Reserve Banks, the Board
                                                                                                       program; or                                           believes it is important that the Reserve
                                                 Correspondent Prohibition: A
                                              Payment Account holder is not                               • Provide the Reserve Bank with                    Banks apply a consistent set of
                                                                                                       copies of audit reports of the Payment                guidelines when reviewing such access
                                              permitted to act as a Correspondent as
                                                                                                       Account holder’s compliance programs.                 requests to promote consistency across
                                              defined in the Reserve Banks’ Operating
                                                                                                          At its discretion, the Reserve Bank                Reserve Banks and to facilitate equitable
                                              Circular 1 (Accounts) (OC 1).13
                                                                                                       may take additional actions in response               treatment across institutions.
                                              Otherwise, a Payment Account may be                                                                               These Account Access Guidelines
                                                                                                       to heightened illicit finance risk,
                                              used to clear and settle transactions for                                                                      also serve to inform requesters of the
                                                                                                       including restricting or terminating the
                                              which the Payment Account holder is
                                                                                                       Payment Account holder’s access to
                                              not the originator or beneficiary or for                                                                          1 As discussed in the Federal Reserve’s Operating
                                                                                                       services or closing of the institution’s
                                              which the Payment Account holder is                                                                            Circular No. 1, an institution (other than a Payment
                                                                                                       account.
                                              the intermediary bank.                                                                                         Account holder) has the option to settle its Federal
                                                 Respondent Prohibition: A Payment                     g. Discretion To Impose Other Terms                   Reserve financial services transactions in its master
                                                                                                                                                             account with a Reserve Bank or in the master
                                              Account holder is not permitted to act                      Reserve Banks have discretion on a                 account of another institution that has agreed to act
                                              as a Respondent as defined in OC 1.                      case-by-case basis to impose other terms              as its correspondent. These principles apply to
                                                                                                                                                             requests for either arrangement.
                                              f. Illicit Finance Risk Mitigants                        to manage the risks set forth in the                     2 Reserve Bank financial services mean all

                                                 Under the Account Access                              Guidelines with respect to the ongoing                services subject to Federal Reserve Act Section 11A
                                              Guidelines, a Payment Account holder’s                   provision of a Payment Account.                       (‘‘priced services’’) and Reserve Bank cash services.
                                                                                                                                                             Financial services do not include transactions
                                                                                                       VIII. Updated Account Access                          conducted as part of the Federal Reserve’s open
                                                10 12 CFR part 204.
                                                                                                       Guidelines                                            market operations or administration of the Reserve
                                                11 See also supra Part II.
                                                                                                                                                             Banks’ Discount Window.

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                                                12 The Reserve Banks maintain a public list of           For the reasons set forth in the                       3 These principles would not apply to accounts
                                              Reserve Bank services with automated controls to         preamble, the Board proposes to amend                 provided under fiscal agency authority, to accounts
                                              prevent a negative balance.                              and restate the Account Access                        authorized pursuant to the Board’s Regulation N (12
                                                13 Many legally eligible institutions access                                                                 CFR part 214), to joint account requests, or account
                                                                                                       Guidelines as follows:
                                              Reserve Bank services directly from a Reserve Bank                                                             requests from designated financial market utilities,
                                              but settle the debits and credit associated with their
                                                                                                         [The following titled portion will not              since existing rules or policies already set out the
                                              Reserve Bank service activity in the Master Account      be published in the Code of Federal                   considerations involved in granting these types of
                                              of another legally eligible institution.                 Regulations.]                                         accounts.

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                                              30648                          Federal Register / Vol. 91, No. 100 / Tuesday, May 26, 2026 / Notices

                                              factors that a Reserve Bank will review                 needs or models.5 Accordingly, these                   under the Federal Reserve Act or other
                                              in any access request and thereby allow                 Account Access Guidelines apprise                      federal statute to maintain an account
                                              a requester to make any enhancements                    requesters of two different account types              and receive services and should have a
                                              to its risk management, documentation,                  that come with different terms: Master                 well-founded, clear, transparent, and
                                              or other practices to attempt to                        Accounts and Payment Accounts (as                      enforceable legal basis for its
                                              demonstrate how it meets each of the                    described in Section 2).                               operations.7
                                              principles.                                                Establishment of an account and                        a. Unless otherwise specified by
                                                 These guidelines broadly outline                     provision of services by a Reserve Bank                federal statute, only member banks,
                                              considerations for evaluating access                    under these guidelines is not an                       entities that meet the definition of a
                                              requests, but they are not intended to                  endorsement or approval by the Federal                 depository institution under section
                                              provide assurance that any specific                     Reserve of the institution. Nothing in                 19(b) of the Federal Reserve Act, or U.S.
                                              institution will be granted an account or               the Board’s guidelines relieves any                    branches or agencies of foreign banks
                                              services. The individual Reserve Bank                   institution from compliance with                       are legally eligible to obtain accounts
                                              will evaluate each access request on a                  obligations imposed by the institution’s               and services.8
                                              case-by-case basis. When applying these                 supervisors and regulators.                               b. The Reserve Bank should assess the
                                              account access guidelines, the Reserve                     Accordingly, Reserve Banks should                   consistency of the institution’s activities
                                              Bank should factor, to the extent                       evaluate how each institution requesting               and services with applicable laws and
                                              possible, the assessments of an                         access to an account or services will                  regulations, such as Article 4A of the
                                              institution by state and/or federal                     meet the following principles.6 Each                   Uniform Commercial Code and the
                                              supervisors into its independent                        principle identifies factors that Reserve              Electronic Fund Transfer Act (15 U.S.C.
                                              analysis of the institution’s risk profile.             Banks should consider when evaluating                  1693 et seq). The Reserve Bank should
                                              The evaluation of an institution’s access               an institution against the specific risk               also consider whether the design of the
                                                                                                      targeted by the principle (several factors             institution’s services would impede
                                              request should also consider whether
                                                                                                      are pertinent to more than one                         compliance by the institution’s
                                              the request has the potential to set a
                                                                                                      principle). The Reserve Banks should
                                              precedent that could affect the Federal                                                                        customers with U.S. sanctions
                                                                                                      consider the nature of the institution
                                              Reserve’s ability to achieve its policy                                                                        programs, Bank Secrecy Act (BSA) and
                                                                                                      and the access being sought when
                                              goals now or in the future.                                                                                    anti-money laundering (AML)
                                                                                                      reviewing a request under these
                                                 If the Reserve Bank decides to grant                                                                        requirements or regulations, or
                                                                                                      guidelines. For example, provision of a
                                              an access request, it may impose (at the                                                                       consumer protection laws and
                                                                                                      Payment Account with its
                                              time of account opening, granting access                                                                       regulations.
                                                                                                      accompanying controls poses materially
                                              to a service, or any time thereafter)                   lower risk than provision of a Master                     2. Provision of an account and
                                              obligations relating to, or conditions or               Account.                                               services to an institution should not
                                              limitations on, use of the account or                      The identified factors are commonly                 present or create undue credit,
                                              services as necessary to limit,                         used in the regulation and supervision                 operational, settlement, cyber or other
                                              operational, credit, legal, or other risks              of federally insured institutions. As a                risks to the Reserve Bank.
                                              posed to the Reserve Banks, the                         result, the Board anticipates the                         a. The Reserve Bank should
                                              payment system, financial stability, or                 application of these guidelines to access              incorporate, to the extent possible, the
                                              the implementation of monetary policy                   requests by federally insured                          assessments of an institution by state
                                              or to address other considerations.4 The                institutions will be fairly                            and/or federal supervisors into its
                                              account-holding Reserve Bank may, at                    straightforward in most cases, which is                independent assessment of the
                                              its discretion, decide to place additional              consistent with Section 3 of these                     institution’s risk profile.
                                              risk management controls on the                         Guidelines. However, Reserve Bank                         b. The Reserve Bank should confirm
                                              account and services, such as real-time                 assessments of access requests from                    that the institution has an effective risk
                                              monitoring of account balances, as it                   non-federally insured institutions may                 management framework and governance
                                              may deem necessary to mitigate risks. If                require more extensive due diligence.                  arrangements to ensure that the
                                              the obligations, conditions or                             Reserve Banks monitor and analyze                   institution operates in a safe and sound
                                              limitations, or controls are ineffective in             the condition of institutions with access              manner, during both normal conditions
                                              mitigating the risks identified—or if                   to accounts and services on an ongoing                 and periods of idiosyncratic and market
                                              they are breached—the Reserve Bank                      basis. Reserve Banks should use these                  stress.
                                              may further restrict the institution’s use              guidelines to re-evaluate the risks posed
                                              of accounts and services or may close                   by an institution in cases where its                     7 These principles do not apply to accounts and

                                              the account.                                            condition monitoring and analysis                      services provided by a Reserve Bank (i) as
                                                                                                      indicate potential changes in the risk                 depository and fiscal agent, such as those provided
                                                 While decisions regarding the                                                                               for the Treasury and for certain government-
                                              conditions or limitations imposed on an                 profile of an institution, including a                 sponsored entities (12 U.S.C. 391, 393–95, 1823,
                                              institution’s use of accounts and                       significant change to the institution’s                1435), (ii) to certain international organizations (22
                                              services are made at the discretion of                  business model.                                        U.S.C. 285d, 286d, 290o–3, 290i–5, 290l–3), (iii) to
                                                                                                         1. Each institution requesting an                   designated financial market utilities (12 U.S.C.
                                              individual Reserve Banks, the Board                                                                            5465), and (iv) pursuant to the Board’s Regulation
                                              believes that setting out a standard set                account or services must be eligible                   N (12 CFR part 214) or to joint accounts as
                                              of terms will facilitate greater                                                                               described in the Board’s Guidelines for Evaluating
                                                                                                        5 Terms, as used in these guidelines, refers to      Joint Account Requests.
                                              transparency and consistent treatment
                                                                                                      parameters set by the Board by regulation or policy      8 Unless otherwise expressly excluded under the
                                              across institutions with similar business               and as implemented by the Reserve Banks through        previous footnote, these principles apply to account

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                                                                                                      their Operating Circulars and other agreements.        and service requests from all institutions, including
                                                4 The conditions imposed could include, for             6 The principles are designed to address the risks   member banks, entities that meet the definition of
                                              example, establishing a cap on the amount of            posed by an institution having access to an account    a depository institution under Section 19(b) (12
                                              balances held in the account. In addition, the Board    or services, ranging from narrow risks (e.g., to an    U.S.C. 461(b)(1)(A)), U.S. branches and agencies of
                                              may authorize a Reserve Bank to pay a different rate    individual Reserve Bank) to broader risks (e.g., to    foreign banks (12 U.S.C. 347d), and Edge and
                                              of interest on balances held in the account or may      the overall economy). Reviews performed by the         Agreement Corporations (12 U.S.C. 601–604a, 611–
                                              limit the amount of balances in the account that        Reserve Bank may address several principles at         631), and to requests to be an agent or participant
                                              receive interest.                                       once.                                                  in an excess balance account (12 CFR 204.10(d)).

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                                                                             Federal Register / Vol. 91, No. 100 / Tuesday, May 26, 2026 / Notices                                             30649

                                                 i. For these purposes, effective risk                comply with any balance requirements                  idiosyncratic stress, disruptions,
                                              management includes having a robust                     by the end of the business day.9                      outages, cyber incidents, or other
                                              framework, including policies,                             iv. Have in place an operational risk              incidents at the institution might have
                                              procedures, systems, and qualified staff,               framework designed to ensure                          on other institutions and the payment
                                              to manage applicable risks. The                         operational resiliency against events                 system broadly. The framework should
                                              framework should at a minimum                           associated with processes, people, and                include:
                                              identify, measure, and control the                      systems that may impair the                              i. Clearly defined operational
                                              particular risks posed by the                           institution’s use and settlement of                   reliability objectives and policies and
                                              institution’s business lines, products                  Reserve Bank services. This framework                 procedures in place to achieve those
                                              and services. The effectiveness of the                  should consider internal and external                 objectives;
                                              framework should be further supported                   factors, including operational risks                     ii. A business continuity plan that
                                              by internal testing and internal audit                  inherent in the institution’s business                addresses events that have the potential
                                              reviews.                                                model, risks that might arise in                      to disrupt operations and a resiliency
                                                 ii. The framework should be subject to               connection with its use of any account                objective to ensure the institution can
                                              oversight by a board of directors (or                   and services, and cyber-related risks. At             resume services in a reasonable
                                              similar body) as well as oversight by                   a minimum, the operational risk                       timeframe; and
                                                                                                      framework should:                                        iii. Policies and procedures for
                                              state and/or federal banking
                                                                                                         A. Identify the range of operational               identifying risks that external parties
                                              supervisor(s).
                                                                                                      risks presented by the institution’s                  may pose to sound operations,
                                                 iii. The framework should clearly                    business model (e.g., cyber                           including interdependencies with
                                              identify all risks that may arise related               vulnerability, operational failure,                   affiliates, service providers, and others.
                                              to the institution’s business (e.g., legal,             resiliency of service providers), and                    c. The Reserve Bank should identify
                                              credit, liquidity, operational, custody,                establish sound operational risk                      actual and potential interactions
                                              investment) as well as objectives                       management objectives to address such                 between the institution’s use of an
                                              regarding the risk tolerances for the                   risks;                                                account and services and (other parts of)
                                              management of such risks.                                  B. Establish sound governance                      the payment system.
                                                 c. The Reserve Bank should confirm                   arrangements, rules, and procedures to                   i. The extent to which the institution’s
                                              that the institution is in substantial                  oversee and implement the operational                 use of an account and services might
                                              compliance with its supervisory                         risk management framework;                            restrict funds from being available to
                                              agency’s regulatory and supervisory                        C. Establish clear and appropriate                 support the liquidity needs of other
                                              requirements.                                           rules and procedures to carry out the                 institutions should also be considered.
                                                                                                      risk management objectives;                              d. The institution must, in the Reserve
                                                 d. The institution must, in the Reserve                                                                    Bank’s judgment:
                                                                                                         D. Employ the resources necessary to
                                              Bank’s judgment:                                                                                                 i. Be in sound financial condition,
                                                                                                      achieve its risk management objectives
                                                 i. Demonstrate an ability to comply,                 and implement effectively its rules and               including maintaining adequate capital
                                              were it to obtain an account, with Board                procedures, including, but not limited                to continue as a going concern and to
                                              orders and policies, Reserve Bank                       to, sound processes for physical and                  meet its current and projected operating
                                              agreements and operating circulars                      information security, internal controls,              expenses under a range of scenarios.
                                              (Operating Circulars), and other                        compliance, program management,                          ii. Demonstrate the ability, on an
                                              applicable Federal Reserve                              incident management, business                         ongoing basis (including during periods
                                              requirements.                                           continuity, audit, and well-qualified                 of idiosyncratic or market stress), to
                                                 ii. Be in sound financial condition,                 personnel; and                                        meet all of its obligations in order to
                                              including maintaining adequate capital                     E. Support compliance with the                     remain a going concern and comply
                                              to continue as a going concern and to                   electronic access requirements,                       with its agreement for an account and
                                              meet its current and projected operating                including security measures, outlined in              services, including by maintaining:
                                              expenses under a range of scenarios.                    the Reserve Banks’ Operating Circular 5                  A. Sufficient liquid resources to meet
                                                                                                      and its supporting documentation.                     its obligations to the Reserve Bank
                                                 iii. Demonstrate the ability, on an                                                                        under applicable agreements, Operating
                                                                                                         3. Provision of an account and
                                              ongoing basis (including during periods                                                                       Circulars, and Board policies;
                                                                                                      services to an institution should not
                                              of idiosyncratic or market stress), to                                                                           B. The operational capacity to ensure
                                                                                                      present or create undue credit, liquidity,
                                              meet all of its obligations in order to                                                                       that such liquid resources are available
                                                                                                      operational, settlement, cyber or other
                                              remain a going concern and comply                                                                             to satisfy all such obligations to the
                                                                                                      risks to the overall payment system.
                                              with its agreement for a Reserve Bank                      a. The Reserve Bank should                         Reserve Bank on a timely basis; and
                                              account and services, including by                      incorporate, to the extent possible, the                 C. Settlement processes that are
                                              maintaining:                                            assessments of an institution by state                designed to appropriately monitor
                                                 A. Sufficient liquid resources to meet               and/or federal supervisors into its                   balances in its account on an intraday
                                              its obligations to the Reserve Bank                     independent assessment of the                         basis, to process transactions through its
                                              under applicable agreements, Operating                  institution’s risk profile.                           account in an orderly manner and
                                              Circulars, and Board policies;                             b. The Reserve Bank should confirm                 comply with any balance requirements
                                                 B. The operational capacity to ensure                that the institution has an effective risk            by the end of the business day.10
                                              that such liquid resources are available                management framework and governance                      iii. Have in place an operational risk
                                              to satisfy all such obligations to the                  arrangements to limit the impact that                 framework designed to ensure

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                                              Reserve Bank on a timely basis; and                                                                           operational resiliency against events
                                                                                                         9 All accounts must comply with any applicable     associated with processes, people, and
                                                 C. Settlement processes that are                     balance requirements. Generally, Master Accounts      systems that may impair the
                                              designed to appropriately monitor                       must achieve a positive balance at the close of the   institution’s payment system activities.
                                              balances in its account on an intraday                  Federal Reserve business day (as defined in Part II
                                                                                                      of the PSR Policy). Payment Accounts must have a      This framework should consider
                                              basis, to process transactions through its              balance at or below their applicable balance limit
                                              account in an orderly manner and                        at the close of the Federal Reserve business day.       10 See id.

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                                              30650                          Federal Register / Vol. 91, No. 100 / Tuesday, May 26, 2026 / Notices

                                              internal and external factors, including                any resulting movements in deposit                         D. Ongoing training for appropriate
                                              operational risk inherent in the                        balances could have a deleterious effect                personnel, tailored to each individual’s
                                              institution’s business model, risk that                 on U.S. financial stability.                            specific responsibilities, as appropriate;
                                              might arise in connection with its use of                  i. Balances held in Reserve Bank                        E. Appropriate risk-based procedures
                                              the payment system, and cyber-related                   accounts present no credit or liquidity                 for conducting ongoing customer due
                                              risks. At a minimum, the framework                      risk, making them very attractive in                    diligence to include, but not limited to,
                                              should:                                                 times of financial or economic stress. As               understanding the nature and purpose
                                                 A. Identify the range of operational                 a result, in times of stress, investors that            of customer relationships for the
                                              risks presented by the institution’s                    would otherwise provide short-term                      purpose of developing a customer risk
                                              business model (e.g., cyber                             funding to non-financial firms, financial               profile and conducting ongoing
                                              vulnerability, operational failure,                     firms, and state and local governments                  monitoring to identify and report
                                              resiliency of service providers), and                   could rapidly withdraw that funding                     suspicious transactions and, on a risk
                                              establish sound operational risk                        and instead deposit their funds with an                 basis, to maintain and update customer
                                              management objectives;                                  institution holding mostly central bank                 information;
                                                 B. Establish sound governance                        balances. If the institution is not subject                c. The Reserve Bank should confirm
                                              arrangements, rules, and procedures to                  to capital requirements similar to a                    that the institution has a compliance
                                              oversee the operational risk                            federally insured institution, it can more              program designed to support its
                                              management framework;                                   easily expand its balance sheet during                  compliance with the Office of Foreign
                                                 C. Establish clear and appropriate                   times of stress; as a result, the potential             Assets Control (OFAC) regulations at 31
                                              rules and procedures to carry out the                   for sudden and significant deposit                      CFR Chapter V.13
                                              risk management objectives;                             inflows into that institution is                           i. For these purposes, the Reserve
                                                 D. Employ the resources necessary to                 particularly large, which could                         Bank may review the institution’s
                                              achieve its risk management objectives                  disintermediate other parts of the                      written OFAC compliance program,
                                              and implement effectively its rules and                 financial system, greatly amplifying                    provided one has been created, and
                                              procedures, including, but not limited                  stress.                                                 confirm that it is commensurate with
                                              to, sound processes for physical and                       5. Provision of an account and                       the institution’s OFAC risk profile. An
                                              information security, internal controls,                services to an institution should not                   OFAC compliance program should
                                              compliance, program management,                         create undue risk to the overall                        identify higher-risk areas, provide for
                                              incident management, business                           economy by facilitating activities such                 appropriate internal controls for
                                              continuity, audit, and well-qualified                   as money laundering, terrorism                          screening and reporting, establish
                                              personnel.                                              financing, fraud, cybercrimes, economic                 independent testing for compliance,
                                                 4. Provision of an account and                       or trade sanctions violations, or other                 designate a bank employee or
                                              services to an institution should not                   illicit activity.                                       employees as responsible for OFAC
                                              create undue risk to the stability of the                  a. The Reserve Bank should
                                                                                                                                                              compliance, and create a training
                                              U.S. financial system.                                  incorporate, to the extent possible, the
                                                                                                                                                              program for appropriate personnel in all
                                                 a. The Reserve Bank should                           assessments of an institution by state
                                                                                                                                                              relevant areas of the institution.
                                              incorporate, to the extent possible, the                and/or federal supervisors into its
                                                                                                                                                                 6. Provision of an account and
                                              assessments of an institution by state                  independent assessment of the
                                                                                                                                                              services to an institution should not
                                              and/or federal supervisors into its                     institution’s risk profile.
                                                                                                         b. The Reserve Bank should confirm                   adversely affect the Federal Reserve’s
                                              independent assessment of the                                                                                   ability to implement monetary policy.
                                              institution’s risk profile.                             that the institution has a BSA/AML
                                                                                                      compliance program consisting of the                       a. The Reserve Bank should
                                                 b. The Reserve Bank should
                                                                                                      components set out below and in                         incorporate, to the extent possible, the
                                              determine, in consultation with the
                                                                                                      relevant regulations.11                                 assessments of an institution by state
                                              other Reserve Banks and the Board as
                                                                                                         i. For these purposes, the Reserve                   and/or federal supervisors into its
                                              appropriate, whether the access to an
                                                                                                      Bank should confirm that the                            independent assessment of the
                                              account and services by an institution
                                                                                                      institution’s BSA/AML compliance                        institution’s risk profile.
                                              itself or a group of like institutions                                                                             b. The Reserve Bank should
                                              could introduce financial stability risk                program contains the following
                                                                                                      elements: 12                                            determine, in consultation with the
                                              to the U.S. financial system.                                                                                   other Reserve Banks and the Board as
                                                 c. The Reserve Bank should confirm                      A. A system of internal controls,
                                                                                                      including policies and procedures, to                   appropriate, whether access to an
                                              that the institution has an effective risk
                                                                                                      ensure ongoing BSA/AML compliance;                      account and services by an institution
                                              management framework and governance
                                                                                                         B. Independent audit and testing of                  itself or a group of like institutions
                                              arrangements for managing liquidity,
                                                                                                      BSA/AML compliance to be conducted                      could have an effect on the
                                              credit, and other risks that may arise in
                                                                                                      by bank personnel or by an outside                      implementation of monetary policy.
                                              times of financial or economic stress.
                                                 d. The Reserve Bank should consider                  party;                                                     c. The Reserve Bank should consider,
                                              the extent to which, especially in times                   C. Designation of an individual or                   among other things, whether access to
                                              of financial or economic stress, liquidity              individuals responsible for coordinating                an account and services by the
                                              or other strains at the institution may be              and monitoring day-to-day compliance                    institution or group of like institutions
                                              transmitted to other segments of the                    (BSA compliance officer);                               could affect the level and variability of
                                              financial system.                                                                                               the demand for and supply of reserves,
                                                 e. The Reserve Bank should consider
                                                                                                        11 Refer to 12 CFR 208.62 and 63, 12 CFR              the level and volatility of key policy
                                                                                                      211.5(k), 5(m), 24(f), and 24(j), and 12 CFR 225.4(f)   interest rates, the structure of key short-

lotter on DSK8BHNXB4PROD with NOTICES1
                                              the extent to which, especially during                  (Federal Reserve); 12 CFR 326.8 and 12 CFR part
                                              times of financial or economic stress,                  353 (FDIC); 12 CFR 748.1–2 (NCUA); 12 CFR 21.11,
                                                                                                                                                              term funding markets, and the overall
                                              access to an account and services by an                 and 21, and 12 CFR 163.180 (OCC); and 31 CFR            size of the consolidated balance sheet of
                                              institution itself (or a group of like                  1020.210(a) and (b), and 31 CFR 1020.320 (FinCEN),