Prohibition on Use of Reputation Risk or Other Supervisory Tools ... (proposed rule), 91 FR 9499, FR Doc 2026-03818

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

Banking

2026-02-26

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.

Federal Register / Vol. 91, No. 38 / Thursday, February 26, 2026 / Proposed Rules                                                   9499

                                                 Energy. This administrative process in                     • Other Means: publiccomments@                     conduct, or based on involvement by
                                                 no way alters the legal effect of this                  frb.gov. You must include the docket                  the individual or business in politically
                                                 document upon publication in the                        number in thesubject line of the                      disfavored but lawful business activities
                                                 Federal Register.                                       message.                                              perceived to present reputation risk.
                                                   Signed in Washington, DC, on February 24,                Comments received are subject to                   The decision regarding whether or not
                                                 2026.                                                   public disclosure. In general, comments               to make a loan or to open, close, or
                                                 Treena V. Garrett,                                      received will be made available on the                maintain an account, provide any other
                                                                                                         Board’s website at https://                           financial product or service, or modify
                                                 Federal Register Liaison Officer, U.S.
                                                 Department of Energy.                                   www.federalreserve.gov/apps/                          the terms of any financial product or
                                                                                                         proposals/ without change and will not                service rests with the banking
                                                 [FR Doc. 2026–03866 Filed 2–25–26; 8:45 am]
                                                                                                         be modified to remove personal or                     organization, acting in accordance with
                                                 BILLING CODE 6450–01–P
                                                                                                         business information including                        applicable law.
                                                                                                         confidential, contact, or other                          In addition to the Board’s policy, the
                                                                                                         identifying information. Comments                     Board announced in June 2025 that
                                                 FEDERAL RESERVE SYSTEM                                  should not include any information                    reputation risk will no longer be a
                                                                                                         such as confidential information that                 component of examination programs in
                                                 12 CFR Part 262                                                                                               its supervision of banks, and that the
                                                                                                         would not be appropriate for public
                                                 [Docket No. R–1884]                                     disclosure. Public comments may also                  Board will train examiners to help
                                                                                                         be viewed electronically or in person in              ensure this change is implemented
                                                 RIN 7100–AH17                                                                                                 consistently across Board-supervised
                                                                                                         Room M–4365A, 2001 C St. NW,
                                                                                                         Washington, DC 20551, between 9 a.m.                  banking organizations.1 The Board is
                                                 Prohibition on Use of Reputation Risk
                                                                                                         and 5 p.m. during Federal business                    eliminating references to reputation and
                                                 or Other Supervisory Tools To
                                                                                                         weekdays.                                             reputation risk in its supervisory
                                                 Encourage or Compel Banking
                                                                                                                                                               materials, including examination
                                                 Organizations To Engage in Politicized                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               manuals.2 The Federal Deposit
                                                 or Unlawful Discrimination                              Anna Lee Hewko, Associate Director,                   Insurance Corporation (FDIC), the Office
                                                                                                         (202) 530–6260; Mehdi Beyhaghi,                       of the Comptroller of the Currency
                                                 AGENCY: Board of Governors of the
                                                                                                         Principal Economist, (202) 941–8706;                  (OCC), and the National Credit Union
                                                 Federal Reserve System.
                                                                                                         Devyn Jeffereis, Lead Financial                       Administration (NCUA) also have
                                                 ACTION: Notice of proposed rulemaking.                  Institution Policy Analyst, (202) 452–                announced their intention to eliminate
                                                                                                         2729, Division of Supervision and                     references to reputation risk in their
                                                 SUMMARY: The Board of Governors of the
                                                                                                         Regulation; or Asad Kudiya, Associate                 examination manuals and other
                                                 Federal Reserve System (Board) is
                                                                                                         General Counsel, (202) 475–6358;                      supervisory materials.3 These agencies
                                                 inviting public comment on a notice of
                                                                                                         Alyssa O’Connor, Senior Counsel, (202)                recently requested comment on
                                                 proposed rulemaking (proposal or
                                                                                                         577–5476; Harley Moyer, Attorney,                     proposals to codify the removal of
                                                 proposed rule) that would codify the
                                                                                                         (240) 749–9069, Legal Division, Board of              reputation risk from their supervisory
                                                 removal of reputation risk from the
                                                                                                         Governors of the Federal Reserve                      programs.4
                                                 Board’s supervisory programs. The
                                                                                                         System, 20th and C Streets NW,                           The Board has defined reputation risk
                                                 proposal would prohibit the Board from
                                                                                                         Washington, DC 20551. For the hearing                 as ‘‘the potential that negative publicity
                                                 encouraging or compelling Board-
                                                                                                         impaired only, Telecommunication                      regarding an institution’s business
                                                 supervised banking organizations to
                                                                                                         Device for the Deaf (TDD), (202) 263–                 practices, whether true or not, will
                                                 deny or condition the provision of
                                                                                                         4869.                                                 cause a decline in the customer base,
                                                 banking or other financial products or
                                                 services to an individual or business                   SUPPLEMENTARY INFORMATION:                            costly litigation, or revenue
                                                 based on their constitutionally protected                                                                     reductions.’’ 5 Reputation risk increased
                                                                                                         Table of Contents                                     in prevalence as a supervisory concept
                                                 political or religious beliefs,
                                                 associations, speech, or conduct, or                    I. Introduction and Objectives of the Proposal        in the 1990s and thereafter; the concept
                                                 based on involvement by the individual                  II. Overview of the Proposal                          generally was not used in the Board’s
                                                 or business in politically disfavored but               III. Request for Comment
                                                                                                         IV. Economic Analysis                                    1 Board, Press Release (June 23, 2025), https://
                                                 lawful business activities perceived to                    A. Baseline                                        www.federalreserve.gov/newsevents/pressreleases/
                                                 present reputation risk.                                   B. Economic Benefits and Costs                     bcreg20250623a.htm.
                                                 DATES: Comments must be received on                     V. Administrative Law Matters                            2 Id.

                                                 or before April 27, 2026.                                  A. Paperwork Reduction Act                            3 See FDIC, Press Release (October 7, 2025),

                                                 ADDRESSES: You may submit comments,
                                                                                                            B. Regulatory Flexibility Act                      https://www.fdic.gov/news/financial-institution-
                                                                                                            C. Plain Language                                  letters/2025/agencies-issue-proposal-prohibit-use-
                                                 identified by Docket No. R–1884 and                        D. Riegle Community Development and                reputation-risk; OCC, News Release 2025–21
                                                 RIN 7100–AH17, by any of the following                        Regulatory Improvement Act of 1994              (March 20, 2025), https://www.occ.gov/news-
                                                 methods:                                                                                                      issuances/news-releases/2025/nr-occ-2025-21.html
                                                                                                            E. Providing Accountability Through                and OCC Bulletin 2025–4 (March 20, 2025), https://
                                                    • Agency Website: https://                                 Transparency Act of 2023                        www.occ.gov/news-issuances/bulletins/2025/
                                                 www.federalreserve.gov/apps/                                                                                  bulletin-2025-4.html; NCUA, Press Release
                                                 proposals/. Follow the instructionsfor                  I. Introduction and Objectives of the                 (September 25, 2025), https://ncua.gov/newsroom/
                                                                                                         Proposal                                              press-release/2025/ncua-eliminates-use-

khammond on DSK9W7S144PROD with PROPOSALS
                                                 submitting comments, including
                                                                                                                                                               reputational-risk.
                                                 attachments. Preferred Method.                            It is the Board’s policy not to                        4 90 FR 48825 (October 30, 2025); 90 FR 48409
                                                    • Mail: Benjamin W. McDonough,                       encourage or compel Board-supervised                  (October 21, 2025).
                                                 Deputy Secretary, Board of Governors of                 banking organizations to deny or                         5 Attachment B to SR Letter 95–51, ‘‘Rating the

                                                 the Federal Reserve System, 20th Street                 condition the provision of banking or                 Adequacy of Risk Management Processes and
                                                 and Constitution Avenue NW,                             other financial products or services to               Internal Controls at State Member Banks and Bank
                                                                                                                                                               Holding Companies’’ (November 14, 1995) (SR 95–
                                                 Washington, DC 20551.                                   an individual or business based on their              51). In connection with the Board’s June 23, 2025,
                                                    • Hand Delivery/Courier: Same as                     constitutionally protected political or               press release, this attachment was revised to remove
                                                 mailing address.                                        religious beliefs, associations, speech, or           the reference to reputation risk.

                                            VerDate Sep<11>2014   16:26 Feb 25, 2026   Jkt 268001   PO 00000   Frm 00024   Fmt 4702   Sfmt 4702   E:\FR\FM\26FEP1.SGM   26FEP1
                                                 9500                  Federal Register / Vol. 91, No. 38 / Thursday, February 26, 2026 / Proposed Rules

                                                 supervisory programs before that time.6                  decisions of supervisory staff are not                   based on involvement by the individual
                                                 In 1995, the Board published guidance                    based on reputation risk and align with                  or business in politically disfavored but
                                                 that established guidelines for the rating               the Board’s broader policy.                              lawful business activities perceived to
                                                 of risk management at state member                       Furthermore, the proposal would reflect                  present reputation risk.
                                                 banks and bank holding companies.7                       experience that reputation risk can be                      The definition of ‘‘banking
                                                 The guidelines listed six risk channels,                 difficult to quantify and communicate,                   organization,’’ for purposes of the
                                                 one of which was reputation risk.8 In                    making it challenging for firms to                       proposal, would be a bank holding
                                                 subsequent years, reputation risk was                    remedy identified concerns. Therefore,                   company, as it is defined at 12 CFR
                                                 included in other supervisory materials.                 this proposal would increase                             225.2(c); a savings and loan holding
                                                 For example, in the case of the Board,                   supervisory clarity through the                          company, as it is defined at 12 CFR
                                                 this included guidance related to risk-                  codification of the removal of reputation                238.2(m); a state member bank, as it is
                                                 focused safety and soundness                             risk and would facilitate greater                        defined at 12 CFR 208.2(g); and the
                                                 examinations and inspections and                         precision in supervisory decision                        combined U.S. operations of a foreign
                                                 consumer compliance risk in bank                         making. It also would support the                        banking organization, as it is defined at
                                                 holding companies.9 Over time,                           Board’s supervisory focus on core                        12 CFR 252.2 and 12 CFR 211.21(o). The
                                                 concerns have arisen that reputation                     financial risks. Procedurally, issuing                   combined U.S. operations of a foreign
                                                 risk and other similar supervisory tools                 this proposal for notice and comment                     banking organization include the U.S.
                                                 have been misused. A recent Executive                    allows external stakeholders to provide                  branches and agencies of the foreign
                                                 Order raised concerns regarding                          their views on this issue.                               banking organization and all U.S.
                                                 debanking based on political or                             The proposal would not inhibit the                    subsidiaries of the foreign banking
                                                 religious beliefs or lawful business                     efficacy of the Board’s supervision and                  organization (such as a U.S.
                                                 activities.10                                            regulation function moving forward.                      intermediate holding company).
                                                    The Board is empowered to conduct                     Safety and soundness concerns that                       ‘‘Banking organization’’ would also
                                                 supervision of various types of banking                  motivated the Board’s prior inclusion of                 include the direct and indirect
                                                 organizations.11 It is also empowered to                 reputation risk in supervision are                       subsidiaries of a bank holding company,
                                                 make rules ‘‘to enable it to administer                  adequately addressed through other                       savings and loan holding company, and
                                                 and carry out’’ its supervisory                          existing risk types. The Board continues                 state member bank.
                                                 programs.12 Pursuant to such authority,                  to supervise banking organizations’                         The proposed rule would state that
                                                 the Board is proposing to codify the                     management of these other risk                           the Board shall not use reputation risk
                                                 removal of reputation risk from the                      channels, such as credit risk, market                    as a component of its examination
                                                 Board’s supervisory programs and to                      risk, liquidity risk, operational risk, and              programs or in materials used for the
                                                 prohibit the Board from encouraging or                   legal risk,13 with an emphasis on core,                  supervision of banking organizations.
                                                 compelling Board-supervised banking                      material financial risks. Additionally,                  Materials used for the supervision of
                                                 organizations to deny or condition the                   the proposal would not alter the Board’s                 banking organizations include
                                                 provision of banking or other financial                  expectation that Board-supervised                        examination manuals, guidance
                                                 products or services to an individual or                 banking organizations maintain strong                    documents, and examiner training
                                                 business based on their constitutionally                 risk management to promote safety and                    materials. The definition of ‘‘reputation
                                                 protected political or religious beliefs,                soundness and compliance with                            risk’’ would be the potential that
                                                 associations, speech, or conduct, or                     applicable laws and regulations.14                       negative publicity regarding a banking
                                                 based on involvement by the individual                      Furthermore, the proposal is not                      organization’s business practices,
                                                 or business in politically disfavored but                intended to impact the ability of                        whether true or not, will cause a decline
                                                 lawful business activities perceived to                  banking organizations to manage their                    in the banking organization’s customer
                                                 present reputation risk.                                 businesses and make independent                          base, costly litigation, or revenue
                                                    The proposal aims to achieve several                  decisions regarding their customers. The                 reductions, which is the definition
                                                 objectives. First, by establishing a                     decision regarding whether or not to                     previously used by the Board in SR 95–
                                                 binding regulation, the Board would                      make a loan or to open, close, or                        51.
                                                 further ensure that the actions and                      maintain an account, provide any other                      The proposal would also include a
                                                                                                          financial product or service, or modify                  general statement of the Board’s policy.
                                                    6 The concept of reputation risk as a potential
                                                                                                          the terms of any financial product or                    Specifically, it would state that the
                                                 threat to banking organizations and other financial
                                                                                                          service rests with the banking                           Board shall not encourage or compel
                                                 institutions predates the 1990s, however. See I.                                                                  banking organizations to deny or
                                                 Walter, ‘‘Reputational Risk in Large International       organization, acting in accordance with
                                                 Banks,’’ working paper based on a presentation at        applicable law.                                          condition the provision of banking or
                                                 the Federal Reserve Bank of Chicago, Eighteenth                                                                   other financial products or services to
                                                 Annual International Banking Conference: The             II. Overview of the Proposal                             an individual or business based on their
                                                 Future of Large, Internationally Active Banks                                                                     constitutionally protected political or
                                                 (2015); see also J. Hill, Regulating Bank Reputation
                                                                                                             This proposal would codify the
                                                 Risk, 54 Ga. L. Rev. 523 (2019).                         removal of reputation risk from the                      religious beliefs, associations, speech, or
                                                    7 See Attachment B to SR 95–51.                       Board’s supervisory programs. The                        conduct, or based on involvement by
                                                    8 Id.                                                 proposal also would explicitly prohibit                  the individual or business in politically
                                                    9 See SR Letter 96–14, ‘‘Risk-focused Safety and
                                                                                                          the Board from encouraging or                            disfavored but lawful business activities
                                                 Soundness Examinations and Inspections’’ (May 24,        compelling Board-supervised banking                      perceived to present reputation risk.
                                                 1996); SR Letter 03–22/CA Letter 03–15,

khammond on DSK9W7S144PROD with PROPOSALS
                                                                                                          organizations to deny or condition the                   Additionally, the statement would
                                                 ‘‘Framework for Assessing Consumer Compliance
                                                 Risk at Bank Holding Companies’’ (December 23,           provision of banking or other financial                  indicate that the decision regarding
                                                 2003). These letters have since been revised to          products or services to an individual or                 whether or not to make a loan or to
                                                 remove references to reputation risk.                    business based on their constitutionally                 open, close, or maintain an account,
                                                    10 E.O. 14331, 90 FR 38925 (August 12, 2025).
                                                                                                          protected political or religious beliefs,                provide any other financial product or
                                                    11 See, e.g., 12 U.S.C. 248(a), 325, 326, 483, 602,
                                                                                                          associations, speech, or conduct, or                     service, or modify the terms of any
                                                 625, 1467a(b)(2)(A), (4)(A), 1820(d), 1844(c)(1)(A),
                                                 (2)(A), 3105(c)(1)(A), (2), 3106(a), 5365(b)(2).                                                                  financial product or service rests with
                                                    12 12 U.S.C. 1844(b). See also 12 U.S.C. 248(i),       13 See, e.g., Attachment B to SR 95–51.                 the banking organization, acting in
                                                 611a, 1467a(g)(1), 3108(a).                               14 See, e.g., id.                                       accordance with applicable law. The

                                            VerDate Sep<11>2014   16:26 Feb 25, 2026   Jkt 268001   PO 00000   Frm 00025       Fmt 4702   Sfmt 4702   E:\FR\FM\26FEP1.SGM   26FEP1
                                                                       Federal Register / Vol. 91, No. 38 / Thursday, February 26, 2026 / Proposed Rules                                            9501

                                                 proposal would not prohibit criticism,                  prohibition on the use of reputation risk              some of these benefits and costs may
                                                 supervisory feedback, or other actions to               clear; why or why not? How could                       have been realized.
                                                 address other risk channels related to                  ‘‘examination programs’’ or ‘‘materials                   Prior to the Board’s June 2025
                                                 safety and soundness or compliance                      used for the supervision of banking                    announcement, the word ‘‘reputation’’
                                                 with applicable laws and regulations.                   organizations’’ be defined further?                    had appeared in a portion of total
                                                    Finally, the proposal would make                        Question 5: What, if any, additional                Matters Requiring Attention (MRAs) and
                                                 clear that the Board’s authority to                     provisions of applicable law should the                Matters Requiring Immediate Attention
                                                 implement, administer, and enforce the                  proposal’s rule of construction include                (MRIAs) issued by the Federal Reserve
                                                 provisions of applicable law would not                  in its list? Which, if any, provisions of              System. When broken down by
                                                 be restricted. Applicable law would                     applicable law should be removed? Why                  institution type, the word ‘‘reputation’’
                                                 include, but not be limited to, the Bank                would any such addition or removal be                  was mentioned in approximately 4.6
                                                 Secrecy Act; sanctions programs                         appropriate?                                           percent of MRAs/MRIAs for bank
                                                 administered by the Office of Foreign                      Question 6: What, if any, unintended                holding companies and savings and
                                                 Assets Control; the Federal Reserve Act;                consequences for the Board or Board-                   loan holding companies, 1.5 percent for
                                                 the Bank Holding Company Act of 1956;                   supervised banking organizations may                   state member banks, and 2.5 percent for
                                                 the Home Owners’ Loan Act; the Change                   result from the proposal, including                    FBOs operating in the United States
                                                 in Bank Control Act; the International                  codifying the removal of reputation risk               over the past ten years. To assess
                                                 Banking Act of 1978; the Bank Merger                    from the Board’s supervisory programs                  historical impacts, the Board conducted
                                                 Act; the International Lending                          and materials?                                         an analysis using confidential
                                                 Supervision Act of 1983; the Federal                       Question 7: What, if any, alternatives              examination data from a ten-year period
                                                 Deposit Insurance Act; the Equal Credit                 are there to the proposal that would                   through March 2025. The Board
                                                 Opportunity Act; and the Fair Housing                   better achieve the Board’s objectives?                 identified prior instances by searching
                                                 Act. The proposed rule would state that                    Question 8: What, if any, references to             MRAs and MRIAs for the word
                                                 the Board would implement,                              concepts related to reputation risk                    ‘‘reputation,’’ then calculated the
                                                 administer, and enforce applicable law                  should the Board consider revising in its              percentage of examinations containing
                                                 consistent with the proposal.                           supervisory materials or regulations?                  at least one such supervisory finding for
                                                    If finalized, the Board would provide                   Question 9: Please describe any costs,              each year. The Board then summed each
                                                 training on all aspects of this proposal                benefits, or other effects of the proposal             yearly percentage for each institution
                                                 for supervisory staff to ensure                         that the Board has not identified.                     type, which resulted in a total
                                                 compliance with the proposal.                                                                                  percentage over the ten-year period.
                                                 Consistent with standard practice, the                  IV. Economic Analysis                                  These percentages include MRAs and
                                                 Board also would ensure that there are                  A. Baseline                                            MRIAs in which reputation risk was
                                                 internal management controls to oversee                                                                        only one of multiple risk concepts or
                                                 compliance with the proposal.                              The Federal Reserve supervises bank                 supervisory issues raised. This
                                                                                                         holding companies, savings and loan                    historical data helps to demonstrate the
                                                 III. Request for Comment                                holding companies, state member banks,                 extent to which reputation risk
                                                    Question 1: What other references to                 and foreign banking organizations                      considerations may have influenced
                                                 reputation risk in the Board’s                          (FBOs) operating in the United States.                 supervisory outcomes under the
                                                 regulations or its supervisory programs                 These entities vary in asset size and                  previous framework.
                                                 should be addressed by the proposal?                    complexity.15 The previous supervisory
                                                 How should the Board address those                      framework incorporated reputation risk                 B. Economic Benefits and Costs
                                                 references?                                             as one component of a broader risk-                       The prohibition on using reputation
                                                    Question 2: Is the proposal’s                        assessment framework applied across                    risk in supervision is expected to
                                                 definition of ‘‘reputation risk’’                       these entities.                                        generate several economic benefits.
                                                 appropriate; why or why not? What are                      As previously mentioned, the Board                  First, Board-supervised banking
                                                 the advantages and disadvantages of the                 announced in June 2025 that reputation                 organizations would likely experience
                                                 definition? How should the definition be                risk will no longer be a component of                  reduced regulatory burden through
                                                 broadened or narrowed? What different                   examination programs in its supervision                streamlined supervisory processes. This
                                                 definition of reputation risk should the                of banks. Since then, the Board has not                effect becomes particularly significant
                                                 Board consider?                                         used reputation risk in its examination                when considering the cumulative
                                                    Question 3: What changes to the                      programs, and reputation risk is being                 impact across the portfolio of Board-
                                                 proposal’s definition of ‘‘banking                      removed from supervisory materials. As                 supervised banking organizations. The
                                                 organization’’ should the Board                         a result, the proposal’s benefits and                  proposal would have notable effects on
                                                 consider? Should the Board consider                     costs since June 2025 are expected to be               small institutions. These institutions
                                                 including additional or fewer categories                de minimis, as there has been no further               would likely experience proportionally
                                                 of entities? For example, the Board                     change in policy since that time. The                  greater benefits from reduced
                                                 intends to include ‘‘permitted payment                  analysis below evaluates the benefits                  compliance burden, as smaller
                                                 stablecoin issuers,’’ as defined in 12                  and costs of the proposed rule if the                  institutions typically face higher relative
                                                 U.S.C. 5901(23), as a banking                           Board had not announced the removal                    regulatory compliance costs.
                                                 organization after the Board completes                  of reputation risk from the Board’s                       Second, the proposal would increase

khammond on DSK9W7S144PROD with PROPOSALS
                                                 rulemakings required under 12 U.S.C.                    supervisory programs in June 2025.                     clarity and objectivity in the supervisory
                                                 5901 et seq. What are other                             Since the June 2025 announcement,                      process by focusing examinations on
                                                 considerations the Board should                                                                                other risk categories, such as credit,
                                                 consider regarding permitted payment                      15 For an overview of Federal Reserve supervised     market, liquidity, and operational risk.
                                                 stablecoin issuers in the context of the                organizations by portfolio, including the number of    These risk categories are objective
                                                 rulemakings required under 12 U.S.C.                    institutions and total assets in each portfolio, see   measures that result in greater
                                                                                                         Board, Supervision and Regulation Report at 19
                                                 5901 et seq.?                                           (December 2025) (Table 2), https://
                                                                                                                                                                consistency in the supervisory process.
                                                    Question 4: Is the proposal’s                        www.federalreserve.gov/publications/files/202512-      This consistency would benefit the
                                                 regulatory text that would codify a                     supervision-and-regulation-report.pdf.                 diverse range of Board-supervised

                                            VerDate Sep<11>2014   16:26 Feb 25, 2026   Jkt 268001   PO 00000   Frm 00026   Fmt 4702   Sfmt 4702   E:\FR\FM\26FEP1.SGM   26FEP1
                                                 9502                  Federal Register / Vol. 91, No. 38 / Thursday, February 26, 2026 / Proposed Rules

                                                 banking organizations and reduce                        to, an information collection unless it                 impact of the proposed rule on small
                                                 regulatory uncertainty.                                 displays a valid Office of Management                   entities.20
                                                    Third, removing reputation risk from                 and Budget (OMB) control number. The                       The Board has considered the
                                                 supervisory considerations could                        Board reviewed the proposal under the                   potential impact of the proposal on
                                                 expand market access opportunities for                  authority delegated to the Board by the                 small entities in accordance with the
                                                 Board-supervised banking                                OMB and determined that it contains no                  RFA. Based on its analysis and for the
                                                 organizations. These entities may be                    collections of information under the                    reasons stated below, the Board believes
                                                 able to maintain or establish profitable                PRA.17 Accordingly, there is no                         that this proposal will not have a
                                                 relationships that may have been                        paperwork burden associated with the                    significant economic impact on a
                                                 previously discouraged due to                           rule.                                                   substantial number of small entities.
                                                 reputation risk concerns. This could                                                                            Nevertheless, the Board is publishing
                                                                                                         B. Regulatory Flexibility Act                           and inviting comment on this initial
                                                 economically benefit affected
                                                 institutions, with a potential notable                     The Board is providing an initial                    regulatory flexibility analysis. As
                                                 aggregate impact across the large                       regulatory flexibility analysis with                    discussed in detail above, the proposal
                                                 number of Board-supervised banking                      respect to this proposed rule. The                      would codify the removal of reputation
                                                 organizations.                                          Regulatory Flexibility Act (RFA) 18                     risk from the Board’s supervisory
                                                    Finally, the change would allow for                  requires an agency to consider whether                  programs. Furthermore, the proposal
                                                 more efficient resource allocation                      the rules it proposes will have a                       would explicitly prohibit the Board
                                                 within the Federal Reserve System’s                     significant economic impact on a                        from encouraging or compelling Board-
                                                 supervisory function. Examiners could                   substantial number of small entities.19                 supervised banking organizations to
                                                 redirect examination resources toward                   In connection with a proposed rule, the                 deny or condition the provision of
                                                 other risk types, enabling more effective               RFA requires an agency to prepare and                   banking or other financial products or
                                                 supervision across the diverse portfolio                invite public comment on an initial                     services to an individual or business
                                                 of institutions under Federal Reserve                   regulatory flexibility analysis describing              based on their constitutionally protected
                                                 System oversight.                                       the impact of the rule on small entities,               political or religious beliefs,
                                                    Conversely, the proposed prohibition                 unless the agency certifies that the                    associations, speech, or conduct, or
                                                 on using reputation risk in supervision                 proposed rule, if promulgated, would                    based on involvement by the individual
                                                 is not without costs. Specifically, the                 not have a significant economic impact                  or business in politically disfavored but
                                                 proposal would likely incur transitional                on a substantial number of small                        lawful business activities perceived to
                                                 implementation costs, including                         entities. An initial regulatory flexibility             present reputation risk.
                                                 revising examination manuals,                           analysis must contain: (1) a description                   As discussed in section I of this
                                                 retraining examiners, and updating                      of the reasons why action by the agency                 SUPPLEMENTARY INFORMATION, the Board
                                                 supervisory guidance. Staff resources                   is being considered; (2) a succinct                     is empowered to conduct supervision of
                                                 would be required, reflecting the large                 statement of the objectives of, and legal               various types of banking
                                                 number of affected institutions. These                  basis for, the proposed rule; (3) a                     organizations.21 It is also empowered to
                                                 resources would also be needed to                       description of, and, where feasible, an                 make rules ‘‘to enable it to administer
                                                 implement the new approach                              estimate of the number of small entities                and carry out’’ its supervisory
                                                 consistently for different institution                  to which the proposed rule will apply;                  programs.22 Pursuant to such authority,
                                                                                                         (4) a description of the projected                      the Board is proposing to codify the
                                                 types, given the diversity in size and
                                                                                                         reporting, recordkeeping, and other                     removal of reputation risk from the
                                                 complexity of Board-supervised banking
                                                                                                         compliance requirements of the                          Board’s supervisory programs and to
                                                 organizations.
                                                                                                         proposed rule, including an estimate of                 prohibit the Board from encouraging or
                                                    Based on the analysis of economic
                                                                                                         the classes of small entities that will be              compelling Board-supervised banking
                                                 impacts, the Board has determined that
                                                                                                         subject to the requirement and the type                 organizations to deny or condition the
                                                 the benefits of the proposal are likely to
                                                                                                         of professional skills necessary for                    provision of banking or other financial
                                                 outweigh the costs. The reduced
                                                                                                         preparation of the report or record; (5)                products or services to an individual or
                                                 regulatory burden, enhanced
                                                                                                         an identification, to the extent                        business based on their constitutionally
                                                 supervisory clarity, potential for
                                                                                                         practicable, of all relevant Federal rules              protected political or religious beliefs,
                                                 expanded market opportunities, and
                                                                                                         which may duplicate, overlap with, or                   associations, speech, or conduct, or
                                                 more efficient resource allocation
                                                                                                         conflict with the proposed rule; and (6)                based on involvement by the individual
                                                 provide compelling justification for the
                                                                                                         a description of any significant                        or business in politically disfavored but
                                                 proposal. While transitional challenges                 alternatives to the proposed rule which                 lawful business activities perceived to
                                                 exist, including implementation costs,                  accomplish its stated objectives and                    present reputation risk.
                                                 these are largely short-term and can be                 minimize any significant economic                          As discussed in section IV of this
                                                 mitigated through appropriate planning.                                                                         SUPPLEMENTARY INFORMATION, the Board
                                                 The benefits are expected to accrue                       17 44 U.S.C. 3502(3).                                 announced in June 2025 that reputation
                                                 across all Board-supervised banking                       18 5 U.S.C. 601 et seq.
                                                                                                                                                                 risk will no longer be a component of
                                                 organizations, with particularly                          19 Under regulations issued by the U.S. Small
                                                                                                                                                                 examination programs in its supervision
                                                 meaningful impact for smaller                           Business Administration (SBA), a small entity
                                                                                                                                                                 of banks. Since then, the Board has not
                                                 institutions.                                           includes a depository institution, bank holding
                                                                                                         company, or savings and loan holding company            used reputation risk in its examination

khammond on DSK9W7S144PROD with PROPOSALS
                                                 V. Administrative Law Matters                           with total assets of $850 million or less. See 13 CFR   programs, and reputation risk is being
                                                                                                         121.201. Consistent with the SBA’s General              removed from supervisory materials. As
                                                 A. Paperwork Reduction Act                              Principles of Affiliation, the Board includes the
                                                                                                                                                                 a result, the proposal’s benefits and
                                                                                                         assets of all domestic and foreign affiliates toward
                                                    In accordance with the Paperwork                     the applicable size threshold when determining
                                                                                                                                                                   20 5 U.S.C. 603(b)–(c).
                                                 Reduction Act of 1995 (PRA),16 the                      whether to classify a particular entity as a small
                                                                                                         entity. See 13 CFR 121.103. As of the second              21 See, e.g., 12 U.S.C. 248(a), 325, 326, 483, 602,
                                                 Board may not conduct or sponsor, and
                                                                                                         quarter of 2025, there were approximately 2,796         625, 1467a(b)(2)(A), (4)(A), 1820(d), 1844(c)(1)(A),
                                                 a respondent is not required to respond                 small bank holding companies and approximately          (2)(A), 3105(c)(1)(A), (2), 3106(a), 5365(b)(2).
                                                                                                         157 small savings and loan holding companies, and         22 12 U.S.C. 1844(b). See also 12 U.S.C. 248(i),
                                                   16 44 U.S.C. 3501 et seq.                             approximately 443 small state member banks.             611a, 1467a(g)(1), 3108(a).

                                            VerDate Sep<11>2014   16:26 Feb 25, 2026   Jkt 268001   PO 00000   Frm 00027   Fmt 4702   Sfmt 4702   E:\FR\FM\26FEP1.SGM    26FEP1
                                                                       Federal Register / Vol. 91, No. 38 / Thursday, February 26, 2026 / Proposed Rules                                             9503

                                                 costs since June 2025 are expected to be                could the Board present the proposal                  depository institutions, and customers
                                                 de minimis, as there has been no further                more clearly?                                         of depository institutions. Therefore, the
                                                 change in policy since that time.                         • Are the requirements in the                       requirements of RCDRIA do not apply.
                                                 Additionally, the proposal would not                    proposal clearly stated? If not, how                  However, the Board invites comments
                                                 impose mandatory requirements on any                    could the proposal be more clearly                    that will further inform its consideration
                                                 small entities, as the proposal would                   stated?                                               of RCDRIA.
                                                 only have the effect of removing                          • Does the proposal contain technical
                                                 reputation risk from the Board’s                        language or jargon that is not clear? If              E. Providing Accountability Through
                                                 supervisory programs and prohibiting                    so, which language requires                           Transparency Act of 2023
                                                 the Board from encouraging or                           clarification?
                                                                                                           • Would a different format (grouping                   The Providing Accountability
                                                 compelling Board-supervised banking                                                                           Through Transparency Act of 2023 26
                                                 organizations to deny or condition the                  and order of sections, use of headings,
                                                                                                         paragraphing) make the proposal easier                requires that a notice of proposed
                                                 provision of banking or other financial
                                                                                                         to understand? If so, what changes to                 rulemaking include the internet address
                                                 products or services to an individual or
                                                                                                         the format would achieve that?                        of a summary of not more than 100
                                                 business based on their constitutionally
                                                 protected political or religious beliefs,                 • Is the section format adequate? If                words in length of a proposed rule, in
                                                                                                         not, which of the sections should be                  plain language, that shall be posted on
                                                 associations, speech, or conduct, or
                                                 based on involvement by the individual                  changed and how?                                      the internet website under section
                                                 or business in politically disfavored but                 • What other changes could the Board                206(d) of the E-Government Act of
                                                 lawful business activities perceived to                 incorporate to make the proposal easier               2002.27
                                                 present reputation risk.                                to understand?                                           In summary, the Board is proposing to
                                                   Further, as discussed in the                          D. Riegle Community Development and                   codify the removal of reputation risk
                                                 Paperwork Reduction Act section, the                    Regulatory Improvement Act of 1994                    from its supervisory programs. The
                                                 proposal would not make changes to                         Pursuant to section 302(a) of the                  proposal would also prohibit the Board
                                                 any projected reporting, recordkeeping,                 Riegle Community Development and                      from encouraging or compelling Board-
                                                 and other compliance requirements.                      Regulatory Improvement Act                            supervised banking organizations to
                                                 Therefore, there are no reporting,                      (RCDRIA),24 in determining the effective              deny or condition the provision of
                                                 recordkeeping, or other compliance                      date and administrative compliance                    banking or other financial products or
                                                 requirements from this proposal that                    requirements for new regulations that                 services to an individual or business
                                                 would impose a significant cost on                      impose additional reporting, disclosure,              based on their constitutionally protected
                                                 small entities. The Board is aware of no                or other requirements on insured                      political or religious beliefs,
                                                 other federal rules that duplicate,                     depository institutions (IDIs), the Board             associations, speech, or conduct, or
                                                 overlap, or conflict with the proposal.                 must consider, consistent with                        based on involvement by the individual
                                                 Accordingly, the Board believes that                    principles of safety and soundness and                or business in politically disfavored but
                                                 there are no significant alternatives to                the public interest, any administrative               lawful business activities perceived to
                                                 the proposal that would accomplish the                  burdens that such regulations would                   present reputation risk.
                                                 stated objectives and minimize the                      place on depository institutions,                        The proposal and summary can be
                                                 economic impact of the proposal on                      including small depository institutions,              found at https://www.regulations.gov
                                                 small entities.                                         and customers of depository                           and https://www.federalreserve.gov/
                                                   Therefore, the Board believes that the                institutions, as well as the benefits of              supervisionreg/reglisting.htm.
                                                 proposed rule will not have a significant               such regulations. In addition, section
                                                 economic impact on a substantial                        302(b) of RCDRIA requires new                         List of Subjects in 12 CFR Part 262
                                                 number of small entities supervised by                  regulations and amendments to
                                                 the Board.                                                                                                      Administrative practice and
                                                                                                         regulations that impose additional                    procedure, Banks, banking, Federal
                                                   The Board welcomes comment on all                     reporting, disclosures, or other new
                                                 aspects of its analysis. In particular, the                                                                   Reserve System.
                                                                                                         requirements on IDIs generally to take
                                                 Board requests that commenters                          effect on the first day of a calendar                 Authority and Issuance
                                                 describe the nature of any impact on                    quarter that begins on or after the date
                                                 small entities and provide empirical                    on which the regulations are published                  For the reasons set forth in the
                                                 data to illustrate and support the extent               in final form, with certain exceptions.25             preamble, the Board of Governors of the
                                                 of the impact.                                             The Board notes that comment on                    Federal Reserve System proposes to
                                                                                                         these matters has been requested in                   amend chapter II of title 12 of the Code
                                                 C. Plain Language                                                                                             of Federal Regulations as follows:
                                                                                                         other sections of this SUPPLEMENTARY
                                                    Section 722 of the Gramm-Leach-                      INFORMATION, and that the requirements
                                                 Bliley Act 23 requires the Federal                      of RCDRIA will be considered as part of               PART 262—RULES OF PROCEDURE
                                                 banking agencies to use plain language                  the overall rulemaking process. The
                                                 in all proposed and final rules                         proposal would only impose obligations                ■ 1. The authority section for part 262
                                                 published after January 1, 2000. The                    on the Board itself; it would not directly            continues to read as follows:
                                                 Board has sought to present the                         apply to other entities. The Board has                  Authority: 5 U.S.C. 552; 12 U.S.C. 248,

khammond on DSK9W7S144PROD with PROPOSALS
                                                 proposed rule in a simple and                           determined that the proposed rule (1)                 321, 325, 326, 483, 602, 611a, 625, 1467a,
                                                 straightforward manner and invites                      would not impose any additional                       1828(c), 1842, 1844, 1850a, 1867, 3105, 3106,
                                                 comment on the use of plain language.                   reporting, disclosures, or other new                  3108, 5361, 5368, 5467, and 5469.
                                                 For example:                                            requirements on IDIs, and (2) places no
                                                    • Has the Board organized the                        new administrative burdens on                         ■ 2. Section 262.9 is added to read as
                                                 material to suit your needs? If not, how                depository institutions, including small              follows:

                                                   23 Public Law 106–102, sec. 722, 113 Stat. 1338,        24 12 U.S.C. 4802(a).                                 26 5 U.S.C. 553(b)(4).

                                                 1471 (1999), 12 U.S.C. 4809.                              25 12 U.S.C. 4802(b).                                 27 44 U.S.C. 3501 note.

                                            VerDate Sep<11>2014   16:26 Feb 25, 2026   Jkt 268001   PO 00000   Frm 00028   Fmt 4702   Sfmt 4702   E:\FR\FM\26FEP1.SGM   26FEP1
                                                 9504                  Federal Register / Vol. 91, No. 38 / Thursday, February 26, 2026 / Proposed Rules

                                                 § 262.9 Prohibition on the Use of                       administered by the Office of Foreign                 W12–140, 1200 New Jersey Avenue SE,
                                                 Reputation Risk or Other Supervisory Tools              Assets Control; the Federal Reserve Act;              Washington, DC 20590.
                                                 to Encourage or Compel Banking                          the Bank Holding Company Act of 1956;                    • Hand Delivery: Deliver to Mail
                                                 Organizations to Engage in Politicized or               the Home Owners’ Loan Act; the Change                 address above between 9 a.m. and 5
                                                 Unlawful Discrimination.
                                                                                                         in Bank Control Act; the International                p.m., Monday through Friday, except
                                                    (a) Definitions—(1) Bank holding                     Banking Act of 1978; the Bank Merger                  Federal holidays.
                                                 company has the same meaning as in 12                   Act; the International Lending                           AD Docket: You may examine the AD
                                                 CFR 225.2(c).                                           Supervision Act of 1983; the Federal                  docket at regulations.gov under Docket
                                                    (2) Banking organization means a                     Deposit Insurance Act; the Equal Credit               No. FAA–2026–2282; or in person at
                                                 bank holding company; a savings and                     Opportunity Act; and the Fair Housing                 Docket Operations between 9 a.m. and
                                                 loan holding company; a state member                    Act. The Board shall implement,                       5 p.m., Monday through Friday, except
                                                 bank; any subsidiary of a bank holding                  administer, and enforce applicable law                Federal holidays. The AD docket
                                                 company, savings and loan holding                       consistent with subsections (b) and (c).              contains this NPRM, the mandatory
                                                 company, and state member bank; and                                                                           continuing airworthiness information
                                                 the combined U.S. operations of a                         By order of the Board of Governors of the
                                                                                                         Federal Reserve System.                               (MCAI), any comments received, and
                                                 foreign banking organization.                                                                                 other information. The street address for
                                                    (3) Combined U.S. operations has the                 Benjamin W. McDonough,
                                                                                                         Deputy Secretary of the Board.
                                                                                                                                                               Docket Operations is listed above.
                                                 same meaning as in 12 CFR 252.2.                                                                                 Material Incorporated by Reference:
                                                    (4) Foreign banking organization has                 [FR Doc. 2026–03818 Filed 2–25–26; 8:45 am]
                                                                                                                                                                  • For Transport Canada material
                                                 the same meaning as in 12 CFR                           BILLING CODE 6210–01–P
                                                                                                                                                               identified in this proposed AD, contact
                                                 211.21(o).                                                                                                    Transport Canada, Transport Canada
                                                    (5) Reputation risk is the potential
                                                                                                                                                               National Aircraft Certification, 159
                                                 that negative publicity regarding a                     DEPARTMENT OF TRANSPORTATION                          Cleopatra Drive, Nepean, Ontario K1A
                                                 banking organization’s business
                                                                                                                                                               0N5, Canada; telephone 888–663–3639;
                                                 practices, whether true or not, will                    Federal Aviation Administration                       email TC.AirworthinessDirectives-
                                                 cause a decline in the banking
                                                                                                                                                               [email protected].
                                                 organization’s customer base, costly                    14 CFR Part 39                                        You may find this material on the
                                                 litigation, or revenue reductions.
                                                                                                         [Docket No. FAA–2026–2282; Project                    Transport Canada website at
                                                    (6) Savings and loan holding
                                                                                                         Identifier MCAI–2025–01149–T]                         tc.canada.ca/en/aviation. It is also
                                                 company has the same meaning as in 12
                                                                                                                                                               available at regulations.gov under
                                                 CFR 238.2(m).                                           RIN 2120–AA64
                                                    (7) State member bank has the same                                                                         Docket No. FAA–2026–2282.
                                                 meaning as in 12 CFR 208.2(g).                          Airworthiness Directives; Bombardier,                    • You may view this material at the
                                                    (8) Subsidiary means any company                     Inc., Airplanes                                       FAA, Airworthiness Products Section,
                                                 that is owned or controlled directly or                                                                       Operational Safety Branch, 2200 South
                                                                                                         AGENCY: Federal Aviation                              216th St., Des Moines, WA. For
                                                 indirectly by a bank holding company,
                                                                                                         Administration (FAA), DOT.                            information on the availability of this
                                                 savings and loan holding company, state
                                                 member bank, or foreign banking                         ACTION: Notice of proposed rulemaking                 material at the FAA, call 206–231–3195.
                                                 organization.                                           (NPRM).                                               FOR FURTHER INFORMATION CONTACT:
                                                    (b) Statement of policy. The Board                                                                         Brenda Buitrago Perez, Aviation Safety
                                                                                                         SUMMARY: The FAA proposes to adopt a                  Engineer, FAA, 1600 Stewart Avenue,
                                                 shall not encourage or compel banking
                                                                                                         new airworthiness directive (AD) for                  Suite 410, Westbury, NY 11590; phone:
                                                 organizations to deny or condition the
                                                                                                         certain Bombardier, Inc., Model BD–                   516–228–7300; email: 9-avs-nyaco-cos@
                                                 provision of banking or other financial
                                                                                                         700–1A10 and BD–700–1A11 airplanes.                   faa.gov.
                                                 products or services to an individual or
                                                                                                         This proposed AD was prompted by
                                                 business based on their constitutionally                                                                      SUPPLEMENTARY INFORMATION:
                                                                                                         reports that inappropriate tooling was
                                                 protected political or religious beliefs,
                                                                                                         used to torque the bolts securing the                 Comments Invited
                                                 associations, speech, or conduct, or
                                                                                                         baggage door stop fittings, which may                    The FAA invites you to send any
                                                 based on involvement by the individual
                                                                                                         have resulted in an improper torque                   written relevant data, views, or
                                                 or business in politically disfavored but
                                                                                                         condition. This proposed AD would                     arguments about this proposal. Send
                                                 lawful business activities perceived to
                                                                                                         require performing a torque check of                  your comments using a method listed
                                                 present reputation risk. The decision
                                                                                                         affected bolts, and re-torquing, re-                  under the ADDRESSES section. Include
                                                 regarding whether or not to make a loan
                                                                                                         installing, or replacing affected bolts               ‘‘Docket No. FAA–2026–2282; Project
                                                 or to open, close, or maintain an
                                                                                                         and nuts as applicable. The FAA is                    Identifier MCAI–2025–01149–T’’ at the
                                                 account, provide any other financial
                                                                                                         proposing this AD to address the unsafe               beginning of your comments. The most
                                                 product or service, or modify the terms
                                                                                                         condition on these products.                          helpful comments reference a specific
                                                 of any financial product or service rests
                                                 with the banking organization, acting in                DATES: The FAA must receive comments                  portion of the proposal, explain the
                                                 accordance with applicable law.                         on this proposed AD by April 13, 2026.                reason for any recommended change,
                                                    (c) Prohibition on use of reputation                 ADDRESSES: You may send comments,                     and include supporting data. The FAA
                                                 risk. The Board shall not use reputation                using the procedures found in 14 CFR                  will consider all comments received by

khammond on DSK9W7S144PROD with PROPOSALS
                                                 risk as a component of its examination                  11.43 and 11.45, by any of the following              the closing date and may amend this
                                                 programs or in materials used for the                   methods:                                              proposal because of those comments.
                                                 supervision of banking organizations.                      • Federal eRulemaking Portal: Go to                   Except for Confidential Business
                                                    (d) Rule of construction. Nothing in                 regulations.gov. Follow the instructions              Information (CBI) as described in the
                                                 this section shall restrict the Board’s                 for submitting comments.                              following paragraph, and other
                                                 authority to implement, administer, and                    • Fax: 202–493–2251.                               information as described in 14 CFR
                                                 enforce the provisions of applicable law,                  • Mail: U.S. Department of                         11.35, the FAA will post all comments
                                                 including but not limited to the Bank                   Transportation, Docket Operations, M–                 received, without change, to
                                                 Secrecy Act; sanctions programs                         30, West Building Ground Floor, Room                  regulations.gov, including any personal

                                            VerDate Sep<11>2014   16:26 Feb 25, 2026   Jkt 268001   PO 00000   Frm 00029   Fmt 4702   Sfmt 4702   E:\FR\FM\26FEP1.SGM   26FEP1