Prohibition on the Use of Reputation Risk by Regulators (final rule; effective 2026-06-09), 91 FR 18279, FR Doc 2026-06947 (Part 2 of 2)
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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.
OCC uses December 31, 2024, to determine size
may indirectly benefit covered FDIC- The Paperwork Reduction Act of because a ‘‘financial institution’s assets are
determined by averaging the assets reported on its
supervised IDIs. Finally, FDIC- 1995 20 (PRA) states that no agency may four quarterly financial statements for the preceding
year.’’ See footnote 8 of the SBA’s Table of Size
19 Call Report data, September 30, 2025. 20 44 U.S.C. 3501–3521. Standards.
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Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Rules and Regulations 18291
the rule will have a significant impact expenses. The FDIC believes that effects E. Riegle Community Development and
on more than 30 OCC-supervised small in excess of one or more of these Regulatory Improvement Act of 1994
entities. To evaluate the impact of the thresholds typically represent
Pursuant to section 302(a) of the
rule on small entities, the OCC assessed significant economic impacts for FDIC-
Riegle Community Development and
whether the cost savings would be supervised institutions.
Regulatory Improvement Act (RCDRIA)
greater than 5 percent of the small A commenter asserted of the proposed of 1994,26 in determining the effective
entity’s total annual salaries and rule that, if adopted, it would likely date and administrative compliance
benefits or greater than 2.5 percent of cause small institutions to make requirements for new regulations that
the small entity’s total non-interest substantial revisions to their policies,
expense for 30 or more small entities. impose additional reporting, disclosure,
documentation, training, and vendor or other requirements on insured
Analysis of internal OCC MRA data management.
indicates that there were fewer than 30 depository institutions, the OCC and
However, for the avoidance of doubt, FDIC must consider, consistent with
MRAs that had indicated reputation risk the FDIC reiterates that the final rule
was a primary risk. Because fewer than principles of safety and soundness and
applies only to the activities of the the public interest (1) any
30 MRAs per year list reputation risk as FDIC. The final rule does not impose
a primary concern, we conclude that the administrative burdens that the final
any obligations on FDIC-supervised rule would place on depository
removal of reputation risk from institutions, and institutions would not
supervision would not be likely to result institutions, including small depository
need to take any action in response to institutions and customers of depository
in significant MRA-related cost savings this rule. Institutions’ internal policies
for more than 30 small entities per year. institutions and (2) the benefits of the
and controls, training, and other final rule. This rulemaking would not
Furthermore, any cost savings for the elements that may refer to reputation
MRAs listed as a secondary concern impose any reporting, disclosure, or
risk are not directly affected by the final other requirements on insured
would be likely de minimis for 30 or
rule. As such, the final rule does not depository institutions. Therefore,
more small entities.
Finally, because we do not expect that have any direct economic impact on section 302(a) does not apply to this
there will be scope for significant cost FDIC-supervised small entities. final rule.
savings from the removal of reputation Based on the foregoing, the FDIC
certifies that the final rule will not have F. Congressional Review Act
risk for reasons unrelated to MRAs, we
conclude that the rule would not have a significant economic impact on a Subtitle E of the Small Business
a significant impact on a substantial substantial number of FDIC-supervised Regulatory Enforcement Fairness Act of
number of small entities for the small entities. 1996 (also known as the Congressional
purposes of the RFA. C. Plain Language Review Act) defines a ‘‘major rule’’ as a
FDIC: rule that the Administrator of the OMB’s
The Regulatory Flexibility Act (RFA) Section 722 of the Gramm-Leach Office of Information and Regulatory
generally requires an agency, in Bliley Act 25 requires the Federal Affairs (OIRA) finds has resulted in or
connection with a final rule, to prepare banking agencies to use plain language is likely to result in:
and make available for public comment in all proposed and final rules 1. An annual effect on the economy of
a final regulatory flexibility analysis that published after January 1, 2000. The $100 million or more;
describes the impact of the final rule on agencies invited comment on the use of 2. A major increase in costs or prices
small entities.23 However, a final plain language and have sought to for consumers, individual industries,
regulatory flexibility analysis is not present the final rule in a simple and Federal, State, or local government
required if the agency certifies that the straightforward manner. agencies, or geographic regions; or
final rule will not have a significant D. Unfunded Mandates Reform Act of 3. Significant adverse effects on
economic impact on a substantial 1995 competition, employment, investment,
number of small entities. The Small productivity, innovation or on the
Business Administration (SBA) has Consistent with the Unfunded ability of U.S.-based enterprises to
defined ‘‘small entities’’ to include Mandates Reform Act (UMRA), the compete with foreign-based enterprises
banking organizations with total assets review considers whether the mandates in domestic and export markets.27
of less than or equal to $850 million.24 imposed by the rule may result in an
The OMB has determined that the
Generally, the FDIC considers a expenditure of $100 million or more by
final rule is not a major rule for
significant economic impact to be a State, local, and tribal governments, or
purposes of the Congressional Review
quantified effect in excess of 5 percent by the private sector, in any one year,
Act.
of total annual salaries and benefits or adjusted annually for inflation
2.5 percent of total noninterest (currently $187 million). G. Executive Orders 12866 and 14192
The OCC estimates that the proposal 1. Executive Order 12866
23 5 U.S.C. 601 et seq. would not require additional
24 The SBA defines a small banking organization
expenditure from OCC-regulated entities Section 3(f) of Executive Order 12866
as having $850 million or less in assets, where an nor will it require expenditures of $100 defines a ‘‘significant regulatory action’’
organization’s ‘‘assets are determined by averaging as a regulatory action that is likely to
the assets reported on its four quarterly financial million or more by State, local, and
statements for the preceding year.’’ See 13 CFR tribal governments, or by other segments result in a rule that may:
121.201 (as amended by 87 FR 69118, effective of the private sector. Thus, the OCC (1) Have an annual effect on the
December 19, 2022). In its determination, the ‘‘SBA believes the rule is not a significant rule economy of $100 million or more or
counts the receipts, employees, or other measure of
for the purposes of the UMRA. adversely affects in a material way the
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size of the concern whose size is at issue and all
of its domestic and foreign affiliates.’’ See 13 CFR Accordingly, the OCC has not prepared economy, a sector of the economy,
121.103. Following these regulations, the FDIC uses the written statement described in productivity, competition, jobs, the
an insured depository institution’s affiliated and section 202 of the UMRA. environment, public health or safety, or
acquired assets, averaged over the preceding four
quarters, to determine whether the insured
25 Public Law 106–102, section 722, 113 Stat. 26 12 U.S.C. 4802(a).
depository institution is ‘‘small’’ for the purposes of
RFA. 1338, 1471 (1999); 12 U.S.C. 4809. 27 5 U.S.C. 804(2).
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18292 Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Rules and Regulations
State, local, or tribal governments or DEPARTMENT OF THE TREASURY (2) Terminate a contract or
communities; Office of the Comptroller of the discontinue doing business with a third
(2) Create a serious inconsistency or Currency party, including an institution-affiliated
otherwise interfere with an action taken party, on the basis of reputation risk;
12 CFR Chapter I (3) Sign a contract or initiate doing
or planned by another agency;
Authority and Issuance business with a third-party, including
(3) Materially alter the budgetary an institution-affiliated party, on the
impact of entitlements, grants, user fees, For the reasons set forth in the basis of reputation risk; or
or loan programs or the rights and preamble, and under the authority of 12 (4) Modify the terms or conditions
obligations of recipients thereof; or U.S.C. 93a, chapter I of title 12 of the under which it contracts or does
Code of Federal Regulations is amended business with a third party, including
(4) Raise novel legal or policy issues
as follows: an institution-affiliated party, on the
arising out of legal mandates, the
President’s priorities, or the principles PART 1—INVESTMENT SECURITIES basis of reputation risk.
set forth in Executive Order 12866. (c) The OCC will not require, instruct,
■ 1. The authority citation for part 1 or encourage an institution, or any
OIRA has determined that this final employee of an institution, to terminate
continues to read as follows:
rule is a significant action under a contract with, discontinue doing
Executive Order 12866. Authority: 12 U.S.C. 1 et seq., 24 (Seventh),
and 93a. business with, sign a contract with,
2. Executive Order 14192 initiate doing business with, modify the
§ 1.5 [Amended] terms under which it will do business
Executive Order 14192, titled ■ 2. In § 1.5, amend paragraph (a) by with a person or entity, or take any
‘‘Unleashing Prosperity Through removing the phrase ‘‘compliance, action or refrain from taking any action
Deregulation,’’ was issued on January strategic, and reputation risks’’ and on the basis of the person’s or entity’s
31, 2025. Section 3(a) of Executive adding in its place the phrase political, social, cultural, or religious
Order 14192 requires an agency, unless ‘‘compliance, and strategic risks’’. views or beliefs, constitutionally
prohibited by law, to identify at least protected speech, or solely on the basis
ten existing regulations to be repealed PART 4—ORGANIZATION AND of the person’s or entity’s involvement
when the agency publicly proposes for FUNCTIONS, AVAILABILITY AND in politically disfavored but lawful
notice and comment or otherwise RELEASE OF INFORMATION, business activities perceived to present
promulgates a new regulation. In CONTRACTING OUTREACH reputation risk.
furtherance of this standard, section 3(c) PROGRAM, POST-EMPLOYMENT (d) The prohibitions in paragraphs (a)
of Executive Order 14192 requires that RESTRICTIONS FOR SENIOR through (c) of this section only apply to
the new incremental costs associated EXAMINERS actions taken on the bases described in
paragraphs (a) through (c) of this
with new regulations shall, to the extent ■ 3. The authority citation for part 4 section, and the prohibition in
permitted by law, be offset by the continues to read as follows: paragraph (c) of this section shall not
elimination of existing costs associated apply with respect to persons, entities,
Authority: 5 U.S.C. 301, 552; 12 U.S.C. 1,
with at least ten prior regulations. This or jurisdictions sanctioned by the Office
93a, 161, 481, 482, 484(a), 1442, 1462a, 1463,
rule is considered a deregulatory action 1464 1817(a), 1818, 1820, 1821, 1831m, of Foreign Assets Control.
under Executive Order 14192. 1831p–1, 1831o, 1833e, 1867, 1951 et seq., (e) Nothing in this section shall
2601 et seq., 2801 et seq., 2901 et seq., 3101 restrict the OCC’s authority to
List of Subjects et seq., 3401 et seq., 5321, 5412, 5414; 15 implement, administer, and enforce the
12 CFR Part 1 U.S.C. 77uu(b), 78q(c)(3); 18 U.S.C. 641,
1905, 1906; 29 U.S.C. 1204; 31 U.S.C.
provisions of subchapter II of chapter 53
5318(g)(2), 9701; 42 U.S.C. 3601; 44 U.S.C. of title 31, United States Code.
Banks, banking, National banks,
3506, 3510; E.O. 12600 (3 CFR, 1987 Comp., (f) The OCC will not take any
Reporting and recordkeeping supervisory action or other adverse
p. 235).
requirements, Securities. action against an institution, a group of
■ 4. Add subpart G, consisting of § 4.91,
12 CFR Part 4 institutions, or the institution-affiliated
to read as follows:
parties of any institution that is
Administrative practice and Subpart G—Enforcement and Supervision designed to punish or discourage an
procedure, Freedom of information, Standards Sec. 91 Prohibition on use of individual or group from engaging in
Individuals with disabilities, Minority reputation risk. any lawful political, social, cultural, or
businesses, Organization and functions religious activities, constitutionally
Subpart G—Enforcement and
(Government agencies), Reporting and protected speech, or, for political
Supervision Standards
recordkeeping requirements, Women. reasons, lawful business activities that
§ 4.91 Prohibition on use of reputation the OCC or any of its personnel disagree
12 CFR Part 30 risk. with or disfavor.
Administrative practice and (a) The OCC will not criticize, (g) The following definitions apply in
procedure, National banks, Reporting formally or informally, or take adverse this section:
and recordkeeping requirements. action against an institution on the basis Adverse action includes:
of reputation risk. (i) Any negative feedback delivered by
12 CFR Part 302 (b) The OCC will not require, instruct, or on behalf of the OCC to the
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or encourage an institution, or any supervised institution, including in a
Administrative practice and employee of an institution, to: report of examination or a formal or
procedure, Banks, Banking. (1) Refrain from contracting or doing informal enforcement action;
12 CFR Part 364 business with a third party, including (ii) A downgrade, or contribution to a
an institution-affiliated party, on the downgrade, of any supervisory rating,
Banks, Banking, Information. basis of reputation risk; including, but not limited to:
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Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Rules and Regulations 18293
(A) Any rating under the Uniform Appendix B to Part 30 [Amended] an institution-affiliated party, on the
Financial Institutions Rating System (or basis of reputation risk;
■ 6. Amend appendix B to part 30 in
any comparable rating system); (2) Terminate a contract or
(B) Any rating under the Uniform supplement A, section III, by: discontinue doing business with a third
■ a. Removing the third sentence; and
Interagency Consumer Compliance party, including an institution-affiliated
■ b. Removing the word ‘‘Effective’’ and
Rating System; party, on the basis of reputation risk;
(C) Any rating under the Uniform adding in its place ‘‘Timely and (3) Sign a contract or initiate doing
Rating System for Information effective’’. business with a third-party, including
Technology; and Appendix C to Part 30 [Amended] an institution-affiliated party, on the
(D) Any rating under any other rating basis of reputation risk; or
system; ■ 7. Amend appendix C to part 30 by: (4) Modify the terms or conditions
(iii) A denial of a licensing ■ a. In section I:
under which it contracts or does
application; ■ i. In paragraph (i), removing
business with a third party, including
(iv) Inclusion of a condition on any ‘‘reputation,’’; and an institution-affiliated party, on the
licensing application or other approval; ■ ii. In paragraph (vi), removing the last
basis of reputation risk.
(v) Imposition of additional approval sentence; and (c) The FDIC will not require, instruct,
requirements; ■ b. In section II, paragraph (B)(1),
or encourage an institution, or any
(vi) Any other heightened removing ‘‘reputation,’’.
employee of an institution, to terminate
requirements on an activity or change; Appendix D to Part 30 [Amended] a contract with, discontinue doing
(vii) Any adjustment of the business with, sign a contract with,
institution’s capital requirement; and ■ 8. Amend appendix D to part 30,
initiate doing business with, modify the
(viii) Any action that negatively section II, paragraph (B), by removing terms under which it will do business
impacts the institution, or an the phrase ‘‘compliance risk, strategic with a person or entity, or take any
institution-affiliated party, or treats the risk, and reputation risk’’ and adding in action or refrain from taking any action
institution differently than similarly its place the phrase ‘‘compliance risk, on the basis of the person’s or entity’s
situated peers. and strategic risk’’. political, social, cultural, or religious
Doing business with means:
FEDERAL DEPOSIT INSURANCE views or beliefs, constitutionally
(i) The bank providing any product or
CORPORATION protected speech, or solely on the basis
service, including account services;
(ii) The bank contracting with a third of the person’s or entity’s involvement
12 CFR Chapter III
party for the third party to provide a in politically disfavored but lawful
product or service; Authority and Issuance business activities perceived to present
(iii) The bank providing discounted or For the reasons set forth in the reputation risk.
free products or services to customers or preamble, the FDIC proposes to amend (d) The prohibitions in paragraphs (a)
third parties, including charitable parts 302 and 364 of chapter III of title through (c) of this section only apply to
activities; 12 of the Code of Federal Regulations as actions taken on the bases described in
(iv) The bank entering into, follows: paragraphs (a) through (c) of this
maintaining, modifying, or terminating section, and the prohibition in
an employment relationship; or PART 302—REGULATIONS paragraph (c) of this section shall not
(v) Any other similar business activity GOVERNING BANK SUPERVISION apply with respect to persons, entities,
that involves a bank client or a third or jurisdictions sanctioned by the Office
party. ■ 9. The authority citation for part 302 of Foreign Assets Control.
Institution means an entity for which continues to read as follows: (e) Nothing in this section shall
the OCC makes or will make Authority: 5 U.S.C. 552; 12 U.S.C. 1818, restrict the FDIC’s authority to
supervisory or licensing determinations 1819(a) (Seventh and Tenth), 1831p–1. implement, administer, and enforce the
either solely or jointly. provisions of subchapter II of chapter 53
■ 10. Revise the heading for part 302 as
Institution-affiliated party means the of title 31, United States Code.
set forth above. (f) The FDIC will not take any
same as in section 3 of the Federal
■ 11. Add a heading for subpart A, supervisory action or other adverse
Deposit Insurance Act (12 U.S.C.
consisting of §§ 302.1, 302.2, and 302.3, action against an institution, a group of
1813(u)).
Reputation risk means any risk, to read as follows: institutions, or the institution-affiliated
regardless of how the risk is labeled by parties of any institution that is
Subpart A—Use of Supervisory
the institution or regulators, that an designed to punish or discourage an
Guidance
action or activity, or combination of individual or group from engaging in
actions or activities, or lack of actions or ■ 12. Add subpart B, consisting of any lawful political, social, cultural, or
activities, of an institution could § 302.100, to read as follows: religious activities, constitutionally
negatively impact public perception of protected speech, or, for political
the institution for reasons not clearly Subpart B—Prohibition on Use of reasons, lawful business activities that
and directly related to the financial or Reputation Risk by Regulators the FDIC or any of its personnel
operational condition of the institution. disagrees with or disfavors.
§ 302.100 Prohibitions. (g) Definitions.
PART 30—SAFETY AND SOUNDNESS (a) The FDIC will not criticize, Adverse action includes:
STANDARDS formally or informally, or take adverse (i) Any negative feedback delivered by
action against an institution on the basis or on behalf of the FDIC to the
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■ 5. The authority citation for part 30 of reputation risk. supervised institution, including in a
continues to read as follows: (b) The FDIC will not require, report of examination or a formal or
Authority: 12 U.S.C. 1, 93a, 371, 1462a, instruct, or encourage an institution, or informal enforcement action;
1463, 1464, 1467a, 1818, 1828, 1831p–1, any employee of an institution, to: (ii) A downgrade, or contribution to a
1881–1884, 3102(b) and 5412(b)(2)(B); 15 (1) Refrain from contracting or doing downgrade, of any supervisory rating,
U.S.C. 1681s, 1681w, 6801, and 6805(b)(1). business with a third party, including including, but not limited to:
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18294 Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Rules and Regulations
(A) Any rating under the Uniform Appendix B to Part 364 [Amended] available online at https://
Financial Institutions Rating System (or www.regulations.gov. Additional
■ 14. Amend appendix B to part 364 in
any comparable rating system); information about dockets generally,
(B) Any rating under the Uniform supplement A, section III, by:
■ a. Removing the third sentence; and
along with instructions for visiting the
Interagency Consumer Compliance ■ b. Removing the word ‘‘Effective’’ and
docket in-person, is available at https://
Rating System; adding in its place ‘‘Timely and www.epa.gov/dockets.
(C) Any rating under the Uniform FOR FURTHER INFORMATION CONTACT:
effective’’.
Rating System for Information Charles Smith, Registration Division
Technology; Jonathan V. Gould, (7505T), Office of Pesticide Programs,
(D) Any rating under any other rating Comptroller of the Currency. Environmental Protection Agency, 1200
system; Federal Deposit Insurance Corporation. Pennsylvania Ave. NW, Washington, DC
(iii) A denial of a filing pursuant to
By order of the Board of Directors. 20460–0001; main telephone number:
Part 303 of the FDIC’s regulations;
Dated at Washington, DC, on April 7, 2026. (202) 566–1030; email address:
(iv) Inclusion of a condition on a
Jennifer M. Jones, [email protected].
deposit insurance application or other
approval; Deputy Executive Secretary. SUPPLEMENTARY INFORMATION:
(v) Imposition of additional approval [FR Doc. 2026–06947 Filed 4–9–26; 8:45 am] I. Executive Summary
requirements; BILLING CODE 4810–33–P; 6714–01–P
(vi) Any other heightened A. Does this action apply to me?
requirements on an activity or change; You may be potentially affected by
(vii) Any adjustment of the ENVIRONMENTAL PROTECTION this action if you are an agricultural
institution’s capital requirement; and AGENCY producer, food manufacturer, or
(viii) Any action that negatively pesticide manufacturer. The following
impacts the institution, or an 40 CFR Part 180 list of North American Industrial
institution-affiliated party, or treats the Classification System (NAICS) codes is
institution differently than similarly [EPA–HQ–OPP–2025–0155; FRL–13295–01–
OCSPP] not intended to be exhaustive, but rather
situated peers. provides a guide to help readers
Doing business with means: determine whether this document
(i) The bank providing any product or Polyethylhexyl Glycidyl Ether
Polyethylene Oxide Copolymer in applies to them. Potentially affected
service, including account services;
(ii) The bank contracting with a third Pesticide Formulations; Exemption entities may include:
From the Requirement for a Tolerance • Crop production (NAICS code 111).
party for the third party to provide a
• Animal production (NAICS code
product or service; AGENCY: Environmental Protection 112).
(iii) The bank providing discounted or Agency (EPA). • Food manufacturing (NAICS code
free products or services to customers or ACTION: Final rule. 311).
third parties, including charitable • Pesticide manufacturing (NAICS
activities; SUMMARY: This regulation establishes an
code 32532).
(iv) The bank entering into, exemption from the requirement of a If you have any questions regarding
maintaining, modifying, or terminating tolerance for residues of polyethylhexyl the applicability of this proposed action
an employment relationship; or glycidyl ether polyethylene oxide
(v) Any other similar business activity to a particular entity, consult the person
copolymer (CAS Reg. No. 82780–16–3) listed under FOR FURTHER INFORMATION
that involves a bank client or a third when used as an inert ingredient CONTACT.
party. (wetting agent or surfactant) on growing
Institution means an entity for which crops and raw agricultural commodities B. What is EPA’s authority for taking
the FDIC makes or will make pre- and post-harvest limited to no more this action?
supervisory determinations or other than 10% by weight of the pesticide EPA is issuing this rulemaking under
decisions, either solely or jointly. formulation. Spring Regulatory Sciences
Institution-affiliated party means the section 408 of the Federal Food, Drug,
on behalf of Ashland Specialty and Cosmetic Act (FFDCA), 21 U.S.C.
same as in section 3 of the Federal Ingredients G.P. submitted a petition to
Deposit Insurance Act (12 U.S.C. 346a. FFDCA section 408(c)(2)(A)(i)
EPA under the Federal Food, Drug, and allows EPA to establish an exemption
1813(u)). Cosmetic Act (FFDCA), requesting
Reputation risk means any risk, from the requirement for a tolerance (the
establishment of an exemption from the legal limit for a pesticide chemical
regardless of how the risk is labeled by requirement of a tolerance. This
the institution or regulators, that an residue in or on a food) only if EPA
regulation eliminates the need to determines that the exemption is ‘‘safe.’’
action or activity, or combination of establish a maximum permissible level
actions or activities, or lack of actions or FFDCA section 408(c)(2)(A)(ii) defines
for residues of polyethylhexyl glycidyl ‘‘safe’’ to mean that ‘‘there is a
activities, of an institution could ether polyethylene oxide copolymer,
negatively impact public perception of reasonable certainty that no harm will
when used in accordance with the terms result from aggregate exposure to the
the institution for reasons not clearly of the exemption.
and directly related to the financial or pesticide chemical residue, including
DATES: This regulation is effective April all anticipated dietary exposures and all
operational condition of the institution.
10, 2026. Objections and requests for other exposures for which there is
PART 364—STANDARDS FOR SAFETY hearings must be received on or before reliable information.’’ This includes
AND SOUNDNESS June 9, 2026 and must be filed in exposure through drinking water and in
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accordance with the instructions residential settings but does not include
■ 13. The authority citation for part 364 provided in 40 CFR part 178 (see also occupational exposure. Pursuant to
continues to read as follows: Unit I.C. of this document). FFDCA section 408(c)(2)(B), in
Authority: 12 U.S.C. 1818 and 1819 ADDRESSES: The docket for this action, establishing or maintaining in effect an
(Tenth), 1831p–1; 15 U.S.C. 1681b, 1681s, identified by docket identification (ID) exemption from the requirement of a
1681w, 6801(b), 6805(b)(1). number EPA–HQ–OPP–2025–0155, is tolerance, EPA must take into account
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