# FDIC FIL-40-2025: Notice of Proposed Rulemaking on FDIC Official Signs, Advertisement of Membership, False Advertising, Misrepresentation of Insured Status, and Misuse of the FDIC’s Name or Logo

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/FDIC_FIL25040

## Section

- **Citation:** FDIC FIL-40-2025
- **Heading:** Notice of Proposed Rulemaking on FDIC Official Signs, Advertisement of Membership, False Advertising, Misrepresentation of Insured Status, and Misuse of the FDIC’s Name or Logo
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** FDIC Financial Institution Letters / Notice of Proposed Rulemaking on FDIC Official Signs, Advertisement of Membership, False Advertising, Misrepresentation of Insured Status, and Misuse of the FDIC’s Name or Logo

## Text

This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
Proposed Rules
Federal Register
40767
Vol. 90, No. 160
Thursday, August 21, 2025
1 89 FR 3504 (Jan. 18, 2024).
2 Id.
3 Id.
4 89 FR 3504.
5 89 FR 3504.
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Part 328
RIN 3064–AG14
FDIC Official Signs, Advertisement of
Membership, False Advertising,
Misrepresentation of Insured Status,
and Misuse of the FDIC’s Name or
Logo
AGENCY: Federal Deposit Insurance
Corporation.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Federal Deposit
Insurance Corporation (FDIC) is seeking
comment on a proposal that would
amend signage requirements for insured
depository institutions’ (IDIs) digital
deposit-taking channels and automated
teller machines (ATMs) and like
devices. The proposed changes are
intended to address implementation
issues and sources of potential
confusion that have arisen following the
adoption of current signage
requirements for these banking
channels. The proposal would provide
additional flexibility to IDIs while also
enabling consumers to better
understand when they are conducting
business with an IDI and when their
funds are protected by the FDIC’s
deposit insurance coverage.
DATES: Comments must be received by
the FDIC no later than October 20, 2025.
ADDRESSES: You may submit comments,
identified by RIN 3064–AG14, by any of
the following methods:
• FDIC Website: https://
www.fdic.gov/federal-register-
publications. Follow instructions for
submitting comments on the agency
website.
• Email: Comments@fdic.gov. Include
RIN 3064–AG14 in the subject line of
the message.
• Mail: Jennifer M. Jones, Deputy
Executive Secretary, Attention:
Comments—RIN 3064–AG14, Federal
Deposit Insurance Corporation, 550 17th
Street NW, Washington, DC 20429
IC Website: https://
www.fdic.gov/federal-register-
publications. Follow instructions for
submitting comments on the agency
website.
• Email: Comments@fdic.gov. Include
RIN 3064–AG14 in the subject line of
the message.
• Mail: Jennifer M. Jones, Deputy
Executive Secretary, Attention:
Comments—RIN 3064–AG14, Federal
Deposit Insurance Corporation, 550 17th
Street NW, Washington, DC 20429.
• Hand Delivery to FDIC: Comments
may be hand-delivered to the guard
station at the rear of the 550 17th Street
NW building (located on F Street) on
business days between 7 a.m. and 5 p.m.
• Public Inspection: Comments
received, including any personal
information provided, may be posted
without change to https://www.fdic.gov/
federal-register-publications.
Commenters should submit only
information that the commenter wishes
to make available publicly. The FDIC
may review, redact, or refrain from
posting all or any portion of any
comment that it may deem to be
inappropriate for publication, such as
irrelevant or obscene material. The FDIC
may post only a single representative
example of identical or substantially
identical comments, and in such cases
will generally identify the number of
identical or substantially identical
comments represented by the posted
example. All comments that have been
redacted, as well as those that have not
been posted, that contain comments on
the merits of the proposed rule will be
retained in the public comment file and
will be considered as required under all
applicable laws. All comments may be
accessible under the Freedom of
Information Act.
Follow the search instructions on
https://www.regulations.gov to view
public comments.
This proposal, all comments received,
and a summary of not more than 100
words of the proposed rule pursuant to
the Providing Accountability Through
Transparency Act of 2023 are available
at https://www.fdic.gov/resources/
regulations/federal-register-
publications/
er the Freedom of
Information Act.
Follow the search instructions on
https://www.regulations.gov to view
public comments.
This proposal, all comments received,
and a summary of not more than 100
words of the proposed rule pursuant to
the Providing Accountability Through
Transparency Act of 2023 are available
at https://www.fdic.gov/resources/
regulations/federal-register-
publications/.
FOR FURTHER INFORMATION CONTACT:
Division of Depositor and Consumer
Protection: Monika Jansen, Senior
Policy Analyst, (202) 898–6781,
MoJansen@fdic.gov; Edward Hof, Senior
Policy Analyst, (202) 898–7213,
EdwHof@fdic.gov; Meron Wondwosen,
Assistant Director, (202) 898–3544,
MeWondwosen@fdic.gov; Legal
Division: Chantal Hernandez, Counsel,
(202) 898–6678, ChHernandez@fdic.gov;
Nathan Raygor, Senior Attorney, (202)
898–8688, NRaygor@fdic.gov; Shane
Bogusz, Attorney, (571) 366–0212,
SBogusz@fdic.gov.
SUPPLEMENTARY INFORMATION:
I. Policy Objectives
On December 20, 2023, the FDIC
adopted a final rule that, among other
things, amended the FDIC’s sign and
advertisement of membership
regulations under subpart A of 12 CFR
part 328 (the 2023 Final Rule).1 In that
final rule, the FDIC stated that it was
seeking to bring the certainty and
confidence historically provided by the
FDIC official sign found at banks’ teller
windows to other banking channels
used by consumers in the modern
banking landscape.2 Under the 2023
Final Rule, the FDIC established sign
requirements across all banking
channels (physical premises, digital
deposit-taking channels, and ATMs and
like devices)
that it was
seeking to bring the certainty and
confidence historically provided by the
FDIC official sign found at banks’ teller
windows to other banking channels
used by consumers in the modern
banking landscape.2 Under the 2023
Final Rule, the FDIC established sign
requirements across all banking
channels (physical premises, digital
deposit-taking channels, and ATMs and
like devices). The FDIC further stated
that it intended for the new signage
requirements to better align with how
depositors conduct business with IDIs
today and to help inform consumers
when their funds are FDIC-insured.3
The 2023 Final Rule requirements
intended to more clearly distinguish
deposit products (in which depositors’
funds are insured) from non-deposit
products and to help consumers
distinguish IDIs from non-banks in the
digital age.4 Moreover, as explained in
the 2023 Final Rule, the FDIC intended
to permit flexibility for IDIs and other
firms in the marketing of their products
and services.5
Under this proposed rulemaking, the
FDIC seeks to minimize identified
implementation issues, reduce burden,
and address potential consumer
confusion with respect to signage
requirements for digital deposit-taking
channels and ATMs and like devices. In
particular, the FDIC proposes to amend
signage requirements in 12 CFR 328.4
and 328.5. The FDIC is not proposing
substantive amendments to other
provisions under 12 CFR part 328.
II. Background
A. Statutory Authority and FDIC
Regulations
The FDIC maintains stability and
public confidence in the nation’s
financial system by, among other things,
insuring the deposits of all IDIs. Section
18(a) of the Federal Deposit Insurance
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d
A. Statutory Authority and FDIC
Regulations
The FDIC maintains stability and
public confidence in the nation’s
financial system by, among other things,
insuring the deposits of all IDIs. Section
18(a) of the Federal Deposit Insurance
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40768
Federal Register / Vol. 90, No. 160 / Thursday, August 21, 2025 / Proposed Rules
6 12 U.S.C. 1828(a)(1).
7 12 U.S.C. 1828(a)(4).
8 12 CFR 328.5(b).
9 See 12 CFR 328.4(c) and (e) and 328.5(d).
10 See 12 CFR 328.4(d) and 328.5(g).
11 See 89 FR 3504, 3507 (Jan. 18, 2024).
12 See 89 FR 84261 (Oct. 22, 2024). The
compliance date for amendments to subpart B
remained January 1, 2025.
13 See id. Compliance with all other subpart A
amendments was generally required by May 1,
2025.
14 See id.
15 See 90 FR 11659 (Mar. 11, 2025).
16 89 FR 3511 (Jan. 18, 2024).
Act (FDI Act) 6 governs IDI sign and
advertising statement requirements and
grants the FDIC authority to prescribe
regulations with respect to these
requirements. The regulations
implementing signage and
advertisement requirements are
contained in §§ 328.0 through 328.8 of
subpart A of 12 CFR part 328 (subpart
A). Subpart A applies to IDIs, including
insured branches of foreign banks.
In addition, section 18(a)(4) of the FDI
Act 7 prohibits any person from
misusing the name or logo of the FDIC
or from engaging in false advertising or
making knowing misrepresentations
about deposit insurance. Regulations
governing these prohibitions are
contained in §§ 328.100 through
328.109 of subpart B of 12 CFR part 328.
B. Previous Rulemaking
In the 2023 Final Rule, the FDIC
updated signage requirements to apply
across all banking channels to account
for how depositors conduct business
with IDIs in the modern banking
landscape; namely the increasing use of
digital channels and new services
provided by ATMs and like devices
ons are
contained in §§ 328.100 through
328.109 of subpart B of 12 CFR part 328.
B. Previous Rulemaking
In the 2023 Final Rule, the FDIC
updated signage requirements to apply
across all banking channels to account
for how depositors conduct business
with IDIs in the modern banking
landscape; namely the increasing use of
digital channels and new services
provided by ATMs and like devices. In
particular, in the 2023 Final Rule, the
FDIC established an FDIC official digital
sign.8 The FDIC’s rules require IDIs to
display that sign on certain pages of its
digital deposit-taking channels and
ATMs and like devices.9 Moreover, the
FDIC requires IDIs to display non-
deposit signage to differentiate insured
deposits from non-deposit products on
digital deposit-taking channels and
ATMs and like devices.10 As stated in
the 2023 Final Rule, the FDIC intended
for IDIs’ use of the FDIC official digital
sign and non-deposit signage to help
consumers better understand when
consumers are conducting business with
an IDI and when their funds are FDIC-
insured.
The amendments made in the 2023
Final Rule took effect on April 1, 2024;
however, full compliance with the
amendments was not required until
January 1, 2025, to provide additional
opportunity for IDIs to establish
processes and systems and make
technological updates necessary to
implement the new regulatory
requirements.11 Based upon feedback
from IDIs and other industry
participants, in October 2024, the FDIC
delayed the compliance date for the
subpart A amendments to May 1, 2025,
to provide additional time for IDIs to
put in place processes and systems and
make technological updates.12
In March 2025, the FDIC delayed the
compliance date for 12 CFR 328.5,
which governs signage requirements for
digital deposit-taking channels, and the
compliance date for 12 CFR 328.4,
which includes analogous requirements
related to an IDI’s ATMs and like
devices, from May 1, 2025 to March 1,
2026.13 The delay was intended to allow
the F
ses and systems and
make technological updates.12
In March 2025, the FDIC delayed the
compliance date for 12 CFR 328.5,
which governs signage requirements for
digital deposit-taking channels, and the
compliance date for 12 CFR 328.4,
which includes analogous requirements
related to an IDI’s ATMs and like
devices, from May 1, 2025 to March 1,
2026.13 The delay was intended to allow
the FDIC to propose changes to the
regulation for public comment to
address implementation concerns and
potential sources of confusion regarding
the requirements.14
C. Need for Rulemaking
Since the 2023 Final Rule was
adopted, the FDIC has observed that, in
practice, certain requirements may raise
operational challenges for IDIs or result
in consumer confusion. Following the
adoption of the 2023 Final Rule, FDIC
staff met with various stakeholders to
discuss questions and concerns relating
to the rule’s requirements.
In particular, stakeholders identified
challenges with implementing the
display of the FDIC official digital and
non-deposit signage on required pages
and screens for digital deposit-taking
channels, ATMs, and like devices. Some
stakeholders stated that the signage
requirements were ‘‘overly prescriptive’’
and ‘‘technical,’’ especially as to the
specifications of the FDIC official digital
sign. Additionally, some stakeholders
stated that IDIs would benefit from
additional flexibility in displaying the
FDIC official digital sign on pages and
screens where space is limited,
particularly with respect to mobile
banking.
Stakeholders also explained the
difficulty in providing appropriate
disclosures for customers moving to
third-party websites or making certain
transfers of funds between different
accounts
lders
stated that IDIs would benefit from
additional flexibility in displaying the
FDIC official digital sign on pages and
screens where space is limited,
particularly with respect to mobile
banking.
Stakeholders also explained the
difficulty in providing appropriate
disclosures for customers moving to
third-party websites or making certain
transfers of funds between different
accounts. Moreover, some stakeholders
raised concerns that the signage
requirements may cause consumers
confusion when insured products are
listed or advertised on the same page as
non-deposit products, potentially
leaving consumers unsure which
products are FDIC-insured deposit
products. These implementation
challenges informed the FDIC’s decision
to twice delay the compliance date for
the amended signage requirements for
digital deposit-taking channels and
ATMs and like devices. As part of the
March 2025 delay of the compliance
date, the FDIC stated its intention to
propose changes for public comment.15
To address concerns and challenges
raised by stakeholders, the FDIC is
proposing to clarify and provide greater
flexibility with respect to the
requirements regarding the (1) FDIC
official digital sign design; (2) display of
signage on digital deposit-taking
channels; and (3) display of signage on
ATMs and like devices. The FDIC
believes the proposed amendments
would advance the FDIC’s policy
objectives of helping consumers to
better understand when they are doing
business with an IDI and when their
funds are FDIC-insured. The proposed
amendments are described in greater
detail below.
III. Description of the Proposed Rule
A. FDIC Official Digital Sign Design
Requirements
Section 328.5(b) sets forth
requirements for the design of the FDIC
official digital sign. Those requirements
include specific text, color, font, and
size requirements, such as specific
hexadecimal color codes and wordmark
sizes
insured. The proposed
amendments are described in greater
detail below.
III. Description of the Proposed Rule
A. FDIC Official Digital Sign Design
Requirements
Section 328.5(b) sets forth
requirements for the design of the FDIC
official digital sign. Those requirements
include specific text, color, font, and
size requirements, such as specific
hexadecimal color codes and wordmark
sizes. The FDIC’s rules provide some
flexibility for cases in which the
required colors would be illegible due to
the color of the background on a digital
deposit-taking channel. In such cases,
the FDIC’s rules allow for the digital
sign to be displayed in white
(hexadecimal color code #FFFFFF).
Since the publication of the 2023
Final Rule, the FDIC has received
questions about the design of the FDIC
official digital sign. Some industry
stakeholders asked whether there is any
flexibility with respect to the color
codes and font sizes, stating that the
prescriptive design standards may
become obsolete and that even slight
variations from the specifications may
result in noncompliance. Other
questioners noted implementation
challenges if a digital deposit-taking
channel was not designed to use the
specified color and size standards or if
a digital deposit-taking channel offered
multiple viewing settings, such as ‘‘dark
mode.’’ As stated in the preamble to the
2023 Final Rule, the FDIC continues to
believe that an easily recognizable,
consistent FDIC official digital sign
conveys the certainty and confidence
historically provided by the physical
FDIC official sign at banks’ teller
windows.16 The FDIC also, however,
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IC continues to
believe that an easily recognizable,
consistent FDIC official digital sign
conveys the certainty and confidence
historically provided by the physical
FDIC official sign at banks’ teller
windows.16 The FDIC also, however,
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40769
Federal Register / Vol. 90, No. 160 / Thursday, August 21, 2025 / Proposed Rules
17 ‘‘Questions and Answers Related to the FDIC’s
Part 328 Final Rule’’ (July 15, 2024), II.A.6.,
available at: https://www.fdic.gov/deposit-
insurance/questions-and-answers-related-fdics-
part-328-final-rule.
18 See id.
appreciates that design standards
requiring specific color and font codes
can present challenges for IDIs and may
be overly prescriptive with respect to
the policy goal.
Under the proposal, IDIs would have
additional flexibility with respect to the
color, font, and size that IDIs may use
when displaying the FDIC official
digital sign. While the proposed rule
would still require the FDIC official
digital sign to be displayed in either a
combination of navy blue and black text
or all-white text, the proposed rule
would no longer prescribe specific
hexadecimal color codes. The proposed
rule would also no longer require a
specific pixel size for the text in the
FDIC official digital sign. In addition,
the proposed rule would provide
additional flexibility by allowing the
font used for the FDIC official digital
sign to be Source Sans Pro Web or a
similar font. Finally, the proposed rule
would eliminate font size requirements
for the text of the FDIC official digital
sign. Although the proposed rule would
no longer provide for a specific font
size, the FDIC official digital sign would
have to be displayed in a clear and
conspicuous manner, which would
ensure its legibility
FDIC official digital
sign to be Source Sans Pro Web or a
similar font. Finally, the proposed rule
would eliminate font size requirements
for the text of the FDIC official digital
sign. Although the proposed rule would
no longer provide for a specific font
size, the FDIC official digital sign would
have to be displayed in a clear and
conspicuous manner, which would
ensure its legibility. The FDIC notes that
12 CFR part 328 does not supersede or
alter any other requirements that may
apply to IDIs, including any
requirements to comply with digital
accessibility rules.
The proposed rule would also
expressly permit IDIs to ‘‘wrap’’ the text
of the FDIC official digital sign to
address space constraints. In response to
questions about whether any of the text
in the FDIC official digital sign may be
wrapped to better fit certain channels,
such as mobile device applications, the
FDIC provided guidance in ‘‘Questions
and Answers Related to the FDIC’s Part
328 Final Rule’’ 17 (Q&As). The Q&As
stated that, in general, the FDIC official
digital sign should be presented as
shown in the 2023 Final Rule, but if the
image does not fit a particular device or
screen, the text of the FDIC official
digital sign may be wrapped to fit the
relevant screen.18 The proposed rule
would adopt the standard discussed in
the Q&As regarding text wrapping.
B. Signage Requirements for IDIs’ Digital
Deposit-Taking Channels
1. FDIC Official Digital Sign
Requirements for Digital Deposit-Taking
Channels
The FDIC is also proposing to more
appropriately focus the display of the
FDIC official digital sign on digital
deposit-taking channel pages and
screens that are most relevant for
consumers. Section 328.5(d) requires
IDIs to display the FDIC official digital
sign on an IDI’s digital deposit-taking
channel’s initial page or homepage of
the website or application; landing or
login pages; and pages where the
customer may transact with deposits
the display of the
FDIC official digital sign on digital
deposit-taking channel pages and
screens that are most relevant for
consumers. Section 328.5(d) requires
IDIs to display the FDIC official digital
sign on an IDI’s digital deposit-taking
channel’s initial page or homepage of
the website or application; landing or
login pages; and pages where the
customer may transact with deposits.
Following the adoption of the 2023
Final Rule, IDIs and other industry
stakeholders raised questions and
concerns with implementing these
requirements, particularly with respect
to ‘‘landing pages’’ and ‘‘pages where
the customer may transact with
deposits.’’
a. Proposed Removal of Landing Page
Requirement
The FDIC received feedback that
‘‘landing page’’ is not a term commonly
used by IDIs with respect to IDIs’
banking websites and applications, and
industry stakeholders requested further
clarification on the FDIC’s intent. The
FDIC recognizes that the term ‘‘landing
page’’ is duplicative of ‘‘login page,’’
which is a term that is commonly
understood and covers the same
intended types of pages and screens. For
this reason, the FDIC is proposing to
remove the requirement to display the
FDIC official digital sign on an IDI’s
‘‘landing page’’ while retaining the
requirement for IDIs to display the FDIC
official digital sign on the ‘‘login page’’
of an IDI’s digital deposit-taking
channel.
b. Proposed Change to Pages Where the
Customer May Transact With Deposits
With respect to the requirement to
display the FDIC official digital sign on
‘‘pages where the customer may transact
with deposits,’’ IDIs and other
stakeholders requested clarification on
which pages and screens are included
for purposes of this requirement.
Several IDIs informed the FDIC of
technical challenges in implementing
the requirements on ‘‘transact with
deposits’’ pages
osits
With respect to the requirement to
display the FDIC official digital sign on
‘‘pages where the customer may transact
with deposits,’’ IDIs and other
stakeholders requested clarification on
which pages and screens are included
for purposes of this requirement.
Several IDIs informed the FDIC of
technical challenges in implementing
the requirements on ‘‘transact with
deposits’’ pages. Such difficulties may
arise when customizing transaction
screens to provide for the display of the
FDIC official digital sign in instances
where the page (e.g., a transfer page)
lists a customer’s non-deposit account
(e.g., investment account) as well as the
customer’s deposit account (e.g.,
checking account). Some IDIs and other
stakeholders also raised concerns that
customers may mistakenly believe that
the FDIC official digital sign implies
that FDIC insurance protects against
erroneous or fraudulent transfers or that
non-deposit products are FDIC-insured
when the FDIC official sign is required
on pages that also include non-deposit
products.
The FDIC appreciates the technical
challenges and potential for consumer
confusion and is proposing to remove
the requirement to display the FDIC
official digital sign on ‘‘pages where the
customer may transact with deposits.’’
The FDIC is proposing instead to require
IDIs to display the FDIC official digital
sign on the IDI’s digital deposit-taking
channels’ page or screen where the
consumer initiates a deposit account
opening. The FDIC believes that
displaying the FDIC official digital sign
at the deposit account opening stage
would provide a consumer with
information regarding the insurability of
funds held in the account so that the
consumer may make an informed
decision when opening a deposit
account.
2. Static Non-Deposit Signage
Requirements for Digital Deposit-Taking
Channels
The proposed rule would narrow the
required digital deposit-taking channel
pages and screens on which IDIs must
display non-deposit signage
de a consumer with
information regarding the insurability of
funds held in the account so that the
consumer may make an informed
decision when opening a deposit
account.
2. Static Non-Deposit Signage
Requirements for Digital Deposit-Taking
Channels
The proposed rule would narrow the
required digital deposit-taking channel
pages and screens on which IDIs must
display non-deposit signage. Section
328.5(g)(1) requires IDIs to clearly,
continuously, and conspicuously
display non-deposit signage ‘‘on each
page relating to non-deposit products’’
that indicates that non-deposit products:
are not insured by the FDIC; are not
deposits; and may lose value.
Some IDIs and other industry
stakeholders raised questions and
concerns with respect to this
requirement. For example, some IDIs
requested clarification as to the meaning
of a page ‘‘relating’’ to non-deposit
products and whether this term
includes pages and screens with
incidental references to non-deposit
products, such as an IDI’s homepage, or
if references to non-deposit products in
navigation menus or tabs would trigger
the requirement. The FDIC also
recognizes that display of the non-
deposit sign may confuse consumers as
to which products are FDIC-insured and
not insured, particularly when both the
FDIC official digital sign and non-
deposit sign are displayed on the same
page with references to both FDIC-
insured deposit products and non-
deposit products.
To address the questions and
concerns raised, the proposed rule
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both the
FDIC official digital sign and non-
deposit sign are displayed on the same
page with references to both FDIC-
insured deposit products and non-
deposit products.
To address the questions and
concerns raised, the proposed rule
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40770
Federal Register / Vol. 90, No. 160 / Thursday, August 21, 2025 / Proposed Rules
19 See, e.g., 88 FR 37920 (June 9, 2023); FIL–9–
94 (Feb. 17, 1994).
20 See 12 CFR 328.4(b) and (e).
would more appropriately target display
of the non-deposit sign. In particular,
the proposed rule would require the
display of non-deposit signage only on
pages and screens that are primarily
dedicated to one or more non-deposit
products. The proposal would require
non-deposit signage on pages and
screens that offer or provide substantive
information on one or more non-deposit
products. For example, an IDI would be
required to display non-deposit signage
on the IDI’s website page providing
detailed information on annuities or
pages where a consumer could purchase
a non-deposit product. With this
proposed change, IDIs would not be
required to display non-deposit signage
on pages or screens with incidental
references to non-deposit products, such
as the homepage or on the navigation
menu that references non-deposit
product pages.
3. Clear, Continuous, and Conspicuous
Display
The proposed rule would continue to
require IDIs to clearly, continuously,
and conspicuously display the FDIC
official digital sign and non-deposit
signage on relevant pages. Following
adoption of the 2023 Final Rule, many
IDIs and other stakeholders requested
clarification on where signage could be
placed to meet the clear, continuous,
and conspicuous standard
, and Conspicuous
Display
The proposed rule would continue to
require IDIs to clearly, continuously,
and conspicuously display the FDIC
official digital sign and non-deposit
signage on relevant pages. Following
adoption of the 2023 Final Rule, many
IDIs and other stakeholders requested
clarification on where signage could be
placed to meet the clear, continuous,
and conspicuous standard. The
proposed rule would provide IDIs with
flexibility in meeting this standard
given the unique designs of IDIs’
websites and applications, as well as
space constraints for smaller screens.
The FDIC also recognizes additional
clarification regarding this standard
could be helpful for IDIs in
implementing 12 CFR part 328’s
requirements. Accordingly, the
proposed rule would provide a non-
exhaustive list of examples on various
placements of the FDIC official digital
sign and non-deposit signage that would
meet the clear, continuous, and
conspicuous standard for IDIs’ digital
deposit-taking channels.
4. One-Time Notification for Bank
Customers Related to Third-Party Non-
Deposit Products
The FDIC is proposing to amend the
requirement that an IDI provide a one-
time notification to customers accessing
third-party non-deposit products
through an IDI’s digital deposit-taking
channel. Section 328.5(g)(2) requires
IDIs to display a one-time notification
when a bank customer logged into an
IDI’s digital deposit-taking channel
attempts to access non-deposit products
through a hyperlink (or similar web-
linking feature) to a non-bank third-
party platform. The FDIC’s rules require
the one-time notification to clearly and
conspicuously indicate that the non-
deposit products: are not insured by the
FDIC; are not deposits; and may lose
value. The FDIC’s rules further require
that a bank customer must dismiss the
one-time notification before initially
accessing the third-party’s platform
-
linking feature) to a non-bank third-
party platform. The FDIC’s rules require
the one-time notification to clearly and
conspicuously indicate that the non-
deposit products: are not insured by the
FDIC; are not deposits; and may lose
value. The FDIC’s rules further require
that a bank customer must dismiss the
one-time notification before initially
accessing the third-party’s platform.
The FDIC received feedback from IDIs
and other industry participants
concerning the one-time notification
requirement. IDIs cited operational
challenges in implementing the one-
time notification requirement, as well as
concerns that the notification would be
disruptive and would degrade the user
experience for IDI customers.
The FDIC proposes to retain the
requirement of a one-time notification
when moving from an IDI to a non-bank
and from an FDIC-insured deposit area
to a non-deposit area. However, the
proposal would provide IDIs additional
flexibility with respect to the one-time
notification requirement. Under the
proposed rule, IDIs would be required to
provide a notification that must be
either dismissed by an act of the
customer or dismissed automatically
after the customer has been provided a
reasonable opportunity to read the
notification’s content. For purposes of
this requirement, a reasonable
opportunity would constitute a period
of time no less than three seconds.
Consistent with historical
interpretations,19 the FDIC would view
affiliated entities as ‘‘third parties’’ for
purposes of the one-time notification
requirement. As such, IDIs would be
required to display the one-time
notification when customers access
affiliated third-party non-deposit
products through an IDI’s digital
deposit-taking channel. The proposal
would also make non-substantive
organizational changes to the regulatory
text of the one-time notification
requirement.
C. Signage Requirements for ATMs and
Like Devices
1
ation
requirement. As such, IDIs would be
required to display the one-time
notification when customers access
affiliated third-party non-deposit
products through an IDI’s digital
deposit-taking channel. The proposal
would also make non-substantive
organizational changes to the regulatory
text of the one-time notification
requirement.
C. Signage Requirements for ATMs and
Like Devices
1. FDIC Official Digital Sign
Requirements for ATMs and Like
Devices
The FDIC is proposing to amend 12
CFR 328.4(c) to provide IDIs with
additional flexibility in displaying the
FDIC official digital sign on ATMs and
like devices. Under 12 CFR 328.4(c), for
ATMs that receive deposits and offer
access to non-deposit products, IDIs are
required to display the FDIC official
digital sign clearly, continuously, and
conspicuously on an ATM or like
device’s ‘‘home page or screen and on
each transaction page or screen relating
to deposits.’’
A number of IDIs and other
stakeholders contacted the FDIC with
questions regarding the implementation
of this requirement, particularly in
relation to the requirement to display
the digital sign on ‘‘each transaction
page or screen relating to deposits.’’ IDIs
also expressed concern that consumers
could be confused if the FDIC official
digital sign were displayed on pages
that contained information about both
insured and uninsured accounts or
products. IDIs further highlighted that,
as with the transaction page
requirement for digital deposit-taking
channels, displaying the FDIC official
digital sign on transfer pages may be
challenging or unfeasible if the IDI
operating the ATM cannot determine
the insured status of funds sent to
recipient institution accounts.
The proposal aims to simplify
compliance for IDIs and mitigate
potential consumer confusion by
requiring the display of the FDIC official
digital sign only on the initial screen of
an IDI’s ATM or like device
al
digital sign on transfer pages may be
challenging or unfeasible if the IDI
operating the ATM cannot determine
the insured status of funds sent to
recipient institution accounts.
The proposal aims to simplify
compliance for IDIs and mitigate
potential consumer confusion by
requiring the display of the FDIC official
digital sign only on the initial screen of
an IDI’s ATM or like device. For
purposes of this proposed requirement,
an ATM’s ‘‘initial screen’’ is the screen
that is displayed before an IDI’s
customer inserts a debit card or other
credentials to access the device
(sometimes referred to as a ‘‘welcome
screen’’). This simplified requirement
would continue to help ensure that
consumers are informed when
consumers are doing business with an
IDI, while providing greater certainty for
IDIs as to which ATM pages or screens
would require display of the FDIC
official digital sign.
2. Limited Exception for Certain ATMs
and Like Devices To Display Physical
FDIC Official Sign
The FDIC is proposing to expand an
alternative to the FDIC official digital
sign requirement for certain ATMs and
like devices. Section 328.4 provides a
limited exception to the FDIC official
digital sign requirement for ATMs and
like devices that do not offer non-
deposit products and were placed into
service prior to January 1, 2025,
permitting such devices to display
either the FDIC official digital sign or
the physical FDIC official sign.20
Since issuing the 2023 Final Rule, the
FDIC has received a range of questions
from IDIs concerning the availability of
the physical FDIC official sign exception
for existing ATMs and like devices. The
FDIC understands that there are costs
associated with updating ATMs and like
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DIC has received a range of questions
from IDIs concerning the availability of
the physical FDIC official sign exception
for existing ATMs and like devices. The
FDIC understands that there are costs
associated with updating ATMs and like
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Federal Register / Vol. 90, No. 160 / Thursday, August 21, 2025 / Proposed Rules
devices that have already been placed
into service to comply with new signage
requirements. The FDIC also believes
that the physical FDIC official sign
provides sufficient assurance and clarity
to consumers regarding the insured
status of deposits at (1) existing ATMs
and like devices and (2) ATMs and like
devices that do not offer non-deposit
products. To that end, the FDIC is
proposing to expand the physical sign
exception to a wider range of ATMs and
like devices, giving IDIs greater
flexibility to display either the physical
FDIC official sign or the FDIC official
digital sign on those devices.
Specifically, under the proposal, this
physical signage exception would be
available to (1) all ATMs and like
devices placed into service prior to
January 1, 2027, and (2) all ATMs and
like devices, regardless of when placed
into service, that do not allow customers
to transact with non-deposit products.
3. Degraded or Defaced Physical FDIC
Official Signs
Section 328.4(f) provides that a
degraded or defaced physical FDIC
official sign on ATMs and like devices
would not be considered to be displayed
in a clear and conspicuous manner, as
its display would be of little or no
benefit to consumers. The FDIC
proposes removing this provision. The
FDIC believes this provision is not
needed because an institution is
required to clearly and conspicuously
display the sign, and if the sign is not
clear to consumers, the institution
would not be displaying it clearly.
4
sidered to be displayed
in a clear and conspicuous manner, as
its display would be of little or no
benefit to consumers. The FDIC
proposes removing this provision. The
FDIC believes this provision is not
needed because an institution is
required to clearly and conspicuously
display the sign, and if the sign is not
clear to consumers, the institution
would not be displaying it clearly.
4. Non-Deposit Signage
Section 328.4(d) requires ATMs that
receive deposits for an IDI and offer
access to non-deposit products to
clearly, continuously, and
conspicuously display non-deposit
signage ‘‘on each transaction page or
screen relating to non-deposit
products.’’ Such non-deposit signage
must indicate that non-deposit products
are not insured by the FDIC; are not
deposits; and may lose value. The FDIC
has received feedback that the 2023
Final Rule’s non-deposit signage
requirements for ATMs and like devices
are overly broad and repetitive, as IDIs
are required to display the non-deposit
sign on each page within a single non-
deposit transaction. In recognition of
this and other considerations, the
proposed rule would modify the non-
deposit signage requirements for ATMs
and like devices in two respects.
First, under the proposal, a narrower
subset of ATMs and like devices would
be subject to the non-deposit signage
requirements. While the 2023 Final
Rule’s non-deposit signage requirements
apply to an ATM or like device if it
receives deposits for an IDI and offers
access to non-deposit products, the
proposal would apply to ATMs or like
devices that receive deposits for an IDI
and permit IDI customers to transact
with one or more non-deposit products.
This change would remove ATMs and
like devices from the scope of the non-
deposit signage requirements if, for
example, they merely permit customers
to view account balances for non-
deposit products. Moreover, an IDI
would only be required to display non-
deposit signage for the IDI’s own
customers
s for an IDI
and permit IDI customers to transact
with one or more non-deposit products.
This change would remove ATMs and
like devices from the scope of the non-
deposit signage requirements if, for
example, they merely permit customers
to view account balances for non-
deposit products. Moreover, an IDI
would only be required to display non-
deposit signage for the IDI’s own
customers. The FDIC acknowledges the
technical limitations IDIs face in
verifying information for customers of
other financial institutions using the
IDI’s ATMs and like devices (referred to
as ‘‘non-customers’’), including whether
the non-customer is accessing FDIC-
insured deposit accounts or non-deposit
products. The proposed rule would not
require IDIs to display non-deposit
signage for pages and screens viewed by
non-customers.
Second, the proposed rule would
require the display of non-deposit
signage on fewer pages and screens,
reflecting a more focused approach.
Although the 2023 Final Rule required
non-deposit signage to be displayed on
each transaction page or screen relating
to non-deposit products, the proposal
would require non-deposit signage to
appear only on the initial transaction
page or screen for a non-deposit
product. This change would simplify
IDIs’ compliance with the non-deposit
signage requirement while ensuring that
signage continues to be displayed where
it is most relevant to consumers: the
first screen displayed upon beginning a
transaction with a non-deposit product.
These changes would focus the non-
deposit signage requirements on devices
and screens that provide the disclosures
to consumers at the most appropriate
place and time.
D. Compliance Date
The FDIC acknowledges that some
IDIs are currently displaying signage on
their digital deposit-taking channels and
ATMs and like devices consistent with
the 2023 Final Rule, while other IDIs are
not displaying signage as permitted
under the delayed compliance date
period
ces
and screens that provide the disclosures
to consumers at the most appropriate
place and time.
D. Compliance Date
The FDIC acknowledges that some
IDIs are currently displaying signage on
their digital deposit-taking channels and
ATMs and like devices consistent with
the 2023 Final Rule, while other IDIs are
not displaying signage as permitted
under the delayed compliance date
period. The FDIC recognizes that all IDIs
will need time to update systems and
processes to implement changes in
compliance with the proposed
amendments. Accordingly, the FDIC
proposes the compliance date of January
1, 2027. If the FDIC adopts a final rule
amending the existing regulation, the
FDIC would also review any associated
Q&As published on the FDIC website as
warranted based on the specific
revisions adopted.
E. Technical Amendment
The FDIC also proposes to make a
technical amendment to 12 CFR part
328. Section 328.5(c) currently provides
for a ‘‘digital symbol’’ that is defined as
the portion of the FDIC official digital
sign ‘‘consisting of ‘FDIC’ and the one
line of smaller type to the right of
‘FDIC’.’’ While this provision defining
the digital symbol is located in subpart
A of 12 CFR part 328, 12 CFR part 328
discusses the use of the digital symbol
only in subpart B, which addresses false
advertising, misrepresentation of
insured status, and misuse of the FDIC’s
name or logo. Given that the digital
symbol concept applies specifically to
the context of subpart B, the proposed
rule would implement a technical
amendment to transfer the text
providing for, and defining, the digital
symbol to 12 CFR 328.101 of subpart B.
This non-substantive change would
promote readability by ensuring that the
definition is physically located in the
relevant subpart of the regulation.
IV
t the digital
symbol concept applies specifically to
the context of subpart B, the proposed
rule would implement a technical
amendment to transfer the text
providing for, and defining, the digital
symbol to 12 CFR 328.101 of subpart B.
This non-substantive change would
promote readability by ensuring that the
definition is physically located in the
relevant subpart of the regulation.
IV. Expected Effects
The proposed changes to 12 CFR part
328.4 and 328.5 are intended to clarify
the requirements for the display of the
FDIC official digital sign and non-
deposit signage, as well as clarify when
such signage is required for ATMs and
similar devices. These requirements
apply to all IDIs. To the extent that some
IDIs have not already implemented
changes to their digital operations to
comply with 12 CFR part 328.4 and
328.5, the proposed rule would reduce
the number of hours spent to update
their systems. The proposed rule would
also reduce the number of hours spent
by all IDIs to maintain ongoing
compliance with 12 CFR part 328.4 and
328.5. Given this decrease in burden,
the proposed changes are not expected
to result in any substantive direct costs
to impacted IDIs. Instead, they are
expected to generate cost savings in the
form of reduced administrative effort
and resource allocation. In addition, the
proposed rule would benefit IDIs’
customers, who would have a more
streamlined and clutter-free browsing
experience.
A. Cost Savings: Implementation
If adopted, the proposed rule could
benefit IDIs by reducing implementation
costs such as labor costs to make
changes to an IDI’s IT systems,
contracting costs to make changes to in-
house or third-party IT systems, costs to
upgrade hardware for ATMs and similar
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ule could
benefit IDIs by reducing implementation
costs such as labor costs to make
changes to an IDI’s IT systems,
contracting costs to make changes to in-
house or third-party IT systems, costs to
upgrade hardware for ATMs and similar
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40772
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21 The 19 hours represent a 32 percent time
savings from the 60 hours of implementation
burden estimated in the 2023 Final Rule.
22 To estimate the average hourly labor cost, the
FDIC assumes that 17.5, 17.5, and 65 percent of the
labor used to comply with the 2023 Final Rule
would be by Managers/Executives (at $159.03 per
hour), Compliance Officers (at $80.68 per hour),
and IT professionals (at $116.37 per hour),
respectively. The FDIC uses the 75th percentile
hourly wages reported by the Bureau of Labor
Statistics (BLS) National Industry-Specific
Occupational Employment and Wage Estimates
(OEWS) for the relevant occupations in the
Depository Credit Intermediation sector as of May
2024. These wages were increased by 53 and 5
percent to account for non-wage compensation and
wage inflation between May 2024 and March 2025.
23 19 hours × $118 per hour × 4,471 institutions
= $10,023,982.
24 See 90 FR 11659, published on March 11, 2025.
25 Call Reports for the quarter ending March 31,
2025.
26 The estimated time savings of 3 hours and 10
minutes for smaller IDIs and 6 hours and 20
minutes for larger IDIs are approximately 32 percent
of the corresponding burdens estimated in the 2023
Final Rule and are proportionally in line with the
estimated time savings for the implementation cost.
devices, and labor costs to make
changes to internal compliance policies
and procedures
025.
26 The estimated time savings of 3 hours and 10
minutes for smaller IDIs and 6 hours and 20
minutes for larger IDIs are approximately 32 percent
of the corresponding burdens estimated in the 2023
Final Rule and are proportionally in line with the
estimated time savings for the implementation cost.
devices, and labor costs to make
changes to internal compliance policies
and procedures. The cost savings that
would result from the proposed rule
vary by IDI depending on the size and
complexity of their digital deposit-
taking channels, the number of ATMs
and like devices, and the degree to
which IDIs rely on third-party service
providers to provide these channels,
ATMs or like devices. The FDIC does
not have the information necessary to
quantify all cost savings associated with
the proposed rule. However, the FDIC
believes that these benefits will be
material for certain IDIs because
stakeholders have, as previously
discussed, identified related challenges
with adopting certain provisions of 12
CFR part 328.
Although the FDIC cannot quantify all
cost savings associated with the
proposed rule, it has quantified certain
estimated cost savings for IDIs
associated with the changes to
recordkeeping, reporting, and disclosure
requirements for digital signage and
non-deposit signage obligations. The
FDIC recognizes that the cost estimates
in the 2023 final rule may have
understated the actual costs, and thus
the estimated cost savings in this
proposal may likewise understate the
actual cost savings, but the FDIC is
using the best estimates it has available.
As of this date, 4,471 IDIs are subject
to 12 CFR part 328. As previously
discussed, the proposed rule would
pose two principal effects for affected
IDIs. First, the proposal would reduce
the number of digital screens or pages
on which the FDIC official digital sign
must appear. Second, the proposal
would narrow certain non-deposit
signage requirements
he best estimates it has available.
As of this date, 4,471 IDIs are subject
to 12 CFR part 328. As previously
discussed, the proposed rule would
pose two principal effects for affected
IDIs. First, the proposal would reduce
the number of digital screens or pages
on which the FDIC official digital sign
must appear. Second, the proposal
would narrow certain non-deposit
signage requirements. Based on these
changes, the FDIC estimates an average
reduction of 19 hours per IDI for
implementation-related recordkeeping,
reporting and disclosure activities
only.21 At an estimated average hourly
labor cost of $118,22 the proposed rule
would result in cost savings of $2,242
per IDI, on average, in the
implementation year prior to the
compliance deadline for the proposed
rule. Across 4,471 IDIs, the estimated
effect is approximately $10 million in
implementation cost savings.23
Although the 2023 Final Rule is
already effective, compliance with 12
CFR 328.4 and 328.5 has been
postponed until March 1, 2026.24
However, some IDIs may have already
taken steps to implement the 2023 Final
Rule in anticipation of its original
compliance deadline of January 1, 2025,
or its revised compliance deadline of
March 1, 2026. As a result, these IDIs
may not realize full cost savings from
the proposed changes. In some cases,
they may even incur voluntary costs to
reverse or modify signage or systems
that are no longer required under the
proposal. It is also possible that such
IDIs will choose to maintain compliance
with the broader requirements in the
2023 Final Rule and therefore avoid any
reversal costs. For purposes of this
analysis, the FDIC assumes that all IDIs
would experience cost savings
generated by the proposed rule and
estimate the average cost savings for an
IDI that has not yet taken steps to
comply with current requirements
under 12 CFR part 328.4 and 328.5
ose to maintain compliance
with the broader requirements in the
2023 Final Rule and therefore avoid any
reversal costs. For purposes of this
analysis, the FDIC assumes that all IDIs
would experience cost savings
generated by the proposed rule and
estimate the average cost savings for an
IDI that has not yet taken steps to
comply with current requirements
under 12 CFR part 328.4 and 328.5.
While the quantified implementation
cost savings may be relatively small, the
unquantified implementation cost
savings are likely to be material for
some IDIs.
B. Cost Savings: Ongoing Compliance
In addition to reducing
implementation burden in the period
leading to the proposed amended
compliance date, the proposed rule
would generate ongoing compliance
cost savings in subsequent years. IDIs
typically incur recurring compliance
costs to maintain, review, and update
their signage and related systems in
accordance with regulatory
requirements. Further, ongoing
compliance with FDIC signage
requirements can be a factor in costs for
third-party service agreements,
hardware replacement, as well as
validation and testing of service
delivery channels. The FDIC does not
have the information necessary to
quantify all ongoing cost savings
associated with the proposed rule.
However, the proposed rule would
reduce the scope of these ongoing
activities and thereby generate
associated cost savings for IDIs. As
noted above, these savings will vary
across IDIs, based on the size and
complexity of their operations.
For purposes of this analysis, the
FDIC has quantified ongoing cost
savings for IDIs associated with the
changes to recordkeeping, reporting,
and disclosure requirements for digital
signage and non-deposit signage
obligations only. The FDIC categorizes
IDIs by asset size as a proxy for the
complexity of digital operations,
consistent with the methodology used
in the 2023 Final Rule: IDIs with less
than $10 billion in assets and those with
$10 billion or more
ngs for IDIs associated with the
changes to recordkeeping, reporting,
and disclosure requirements for digital
signage and non-deposit signage
obligations only. The FDIC categorizes
IDIs by asset size as a proxy for the
complexity of digital operations,
consistent with the methodology used
in the 2023 Final Rule: IDIs with less
than $10 billion in assets and those with
$10 billion or more. According to the
latest Call Report data, there are 4,311
IDIs in the smaller IDI group and 160 in
the larger.25 The FDIC estimates that the
proposed rule would reduce ongoing
recordkeeping, reporting, and disclosure
compliance labor hours for smaller IDIs
by an average time savings of 3 hours
and 10 minutes. For larger IDIs, the
estimated time savings is 6 hours and 20
minutes annually.26
Using the same estimated average
hourly labor cost of $118 as above, the
estimated ongoing annual cost savings
are approximately $374 per small IDI
and $747 per large IDI, on average, for
a total annual cost savings of
approximately $1.6 million for smaller
IDIs and approximately $120 thousand
for larger IDIs. This yields a total
estimated ongoing annual cost savings
associated with changes to
recordkeeping, reporting, and disclosure
requirements of approximately $1.7
million across all FDIC-insured
depository institutions.
C. Intangible Benefits and Costs
The proposed changes may also result
in indirect or intangible effects that are
more difficult to quantify.
In addition, the proposed rule would
benefit consumers by improving their
experience with IDIs’ digital channels.
For example, the proposed changes
would allow IDIs to tailor digital signage
placement to better meet the needs of
the customer, resulting in more targeted
and less duplicative disclosures. The
elimination of the notification dismissal
requirement would reduce interruptions
to the browsing experience
rule would
benefit consumers by improving their
experience with IDIs’ digital channels.
For example, the proposed changes
would allow IDIs to tailor digital signage
placement to better meet the needs of
the customer, resulting in more targeted
and less duplicative disclosures. The
elimination of the notification dismissal
requirement would reduce interruptions
to the browsing experience. The
removal of the requirement to display
the FDIC official digital sign on ‘‘pages
where the customer may transact with
deposits’’ would eliminate consumer
confusion about which products are
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27 5 U.S.C. 601 et seq.
28 The SBA defines a small banking organization
as having $850 million or less in assets, where an
organization’s ‘‘assets are determined by averaging
the assets reported on its four quarterly financial
statements for the preceding year.’’ See 13 CFR
121.201 (as amended by 87 FR 69118, effective
December 19, 2022). In its determination, the ‘‘SBA
counts the receipts, employees, or other measure of
size of the concern whose size is at issue and all
of its domestic and foreign affiliates.’’ See 13 CFR
121.103. Following these regulations, the FDIC uses
an insured depository institution’s affiliated and
acquired assets, averaged over the preceding four
quarters, to determine whether the insured
depository institution is ‘‘small’’ for the purposes of
RFA.
29 FDIC Call Reports, March 31, 2025.
30 Id.
31 All 3,130 small entity IDIs have less than $10
billion in assets
liates.’’ See 13 CFR
121.103. Following these regulations, the FDIC uses
an insured depository institution’s affiliated and
acquired assets, averaged over the preceding four
quarters, to determine whether the insured
depository institution is ‘‘small’’ for the purposes of
RFA.
29 FDIC Call Reports, March 31, 2025.
30 Id.
31 All 3,130 small entity IDIs have less than $10
billion in assets.
32 To estimate the average cost of compensation
per hour, the FDIC assumes that approximately
17.5, 17.5, and 65 percent of the labor used to
comply with the 2023 Final Rule would be by
Managers/Executives (at $159.03 per hour),
Compliance Officers (at $80.68 per hour), and IT
professionals (at $116.37 per hour), respectively.
The FDIC uses the 75th percentile hourly wages
reported by the Bureau of Labor Statistics (BLS)
National Industry-Specific Occupational
Employment and Wage Estimates (OEWS) for the
relevant occupations in the Depository Credit
Intermediation sector as of May 2024. These wages
were increased by approximately 53 and 5 percent
to account for non-wage compensation and wage
inflation between May 2024 and March 2025.
33 $374 per year = 3:10 hours × $118 per hour.
FDIC-insured when a page shows both
deposit and non-deposit products.
Overall, these proposed changes would
lead to a more streamlined and less
cluttered customer experience. The
FDIC does not have the data available to
quantify these effects but believes the
proposed rule would provide
substantial benefits to consumers of
IDI’s digital channels.
At the same time, the proposed
changes may introduce some intangible
costs. For example, reducing signage
requirements could result in less visible
or less consistent disclosure of deposit
insurance coverage. IDIs that have
already implemented changes to their
digital operations to comply with 12
CFR part 328 may incur some costs to
modify their systems in response to the
proposed rule
At the same time, the proposed
changes may introduce some intangible
costs. For example, reducing signage
requirements could result in less visible
or less consistent disclosure of deposit
insurance coverage. IDIs that have
already implemented changes to their
digital operations to comply with 12
CFR part 328 may incur some costs to
modify their systems in response to the
proposed rule. More flexibility in how
different institutions implement the
requirements could potentially lead to
greater variability in customer
experience across the industry. The
FDIC believes these effects will be
minimal; under the proposed rule, 12
CFR part 328 would still require IDIs
digital operations to provide clarity to
consumers about the extent to which or
the manner in which products are
insured by the FDIC.
Finally, the timing of compliance may
also influence intangible effects. Given
the proposed extension of the
compliance date until January 1, 2027,
some institutions would benefit from
increased flexibility in integrating the
new requirements into ongoing system
updates or signage cycles. However, a
longer transition period may also lead to
temporary inconsistencies in signage
across institutions, which could affect
customer experience to a limited extent.
The FDIC invites comments on all
aspects of the supporting information
provided in this Expected Effects
section. The FDIC is particularly
interested in comments on any
significant benefits or costs that the
agency has not identified.
V. Alternatives Considered
The FDIC has considered several
alternatives to the proposed rule that
could meet the objectives of this
rulemaking, including proposals
suggested by commenters in response to
the 2023 Final Rule. For the reasons
described, the FDIC views the proposed
rule as the most appropriate and
effective means of achieving its policy
objectives with respect to 12 CFR part
328.
The FDIC considered not
promulgating any regulatory action to
amend 12 CFR part 328
e that
could meet the objectives of this
rulemaking, including proposals
suggested by commenters in response to
the 2023 Final Rule. For the reasons
described, the FDIC views the proposed
rule as the most appropriate and
effective means of achieving its policy
objectives with respect to 12 CFR part
328.
The FDIC considered not
promulgating any regulatory action to
amend 12 CFR part 328. However, as
previously discussed, the FDIC has
identified challenges with, and potential
improvements for, the FDIC’s sign and
advertisement regulations under subpart
A of 12 CFR part 328. As discussed in
section IV, Expected Effects, of this
document, the proposed rule has clear,
quantifiable cost savings, among other
benefits, over this no-action alternative
with minimal costs to IDIs and their
customers.
The FDIC also considered eliminating
the regulations in 12 CFR 328.4 and
328.5 to remove digital signage
requirements entirely. However, as
described in the 2023 Final Rule, the
FDIC believes there are benefits to
updates to 12 CFR part 328 to address
potential uncertainties that could dilute
or undermine the confidence that
underpins banks and our nation’s
broader financial system. The proposed
rule would advance the 2023 Final
Rule’s objective to ensure that
consumers, businesses, and other
entities better understand when their
funds are protected by FDIC deposit
insurance, while increasing the
flexibility for IDIs in the marketing of
their products and services.
The FDIC invites comments on
alternatives to the proposed rule.
VI. Regulatory Analysis
A
al system. The proposed
rule would advance the 2023 Final
Rule’s objective to ensure that
consumers, businesses, and other
entities better understand when their
funds are protected by FDIC deposit
insurance, while increasing the
flexibility for IDIs in the marketing of
their products and services.
The FDIC invites comments on
alternatives to the proposed rule.
VI. Regulatory Analysis
A. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency, in
connection with a proposed rule, to
prepare and make available for public
comment an initial regulatory flexibility
analysis that describes the impact of the
proposed rule on small entities.27
However, an initial regulatory flexibility
analysis is not required if the agency
certifies that the proposed rule will not,
if promulgated, have a significant
economic impact on a substantial
number of small entities. The Small
Business Administration (SBA) has
defined ‘‘small entities’’ to include
banking organizations with total assets
of less than or equal to $850 million.28
Generally, the FDIC considers a
significant economic impact to be a
quantified effect in excess of 5 percent
of total annual salaries and benefits or
2.5 percent of total noninterest
expenses. The FDIC believes that effects
in excess of one or more of these
thresholds typically represent
significant economic impacts for FDIC-
supervised institutions. For the reasons
described below, the FDIC certifies that
the proposed rule will not have a
significant economic impact on a
substantial number of small entities.
As described in section IV, Expected
Effects, of this document, the proposed
rule would affect all institutions whose
deposits are insured by the FDIC
lly represent
significant economic impacts for FDIC-
supervised institutions. For the reasons
described below, the FDIC certifies that
the proposed rule will not have a
significant economic impact on a
substantial number of small entities.
As described in section IV, Expected
Effects, of this document, the proposed
rule would affect all institutions whose
deposits are insured by the FDIC.
According to recent Call Reports, there
are 4,471 such IDIs.29 Of these,
approximately 3,130 would be
considered small entities for the
purposes of the RFA (small entity
IDIs).30
As a result of the proposed rule, IDIs
with less than $10 billion in assets 31
would spend an estimated 19 fewer
hours, on average, to update their digital
operations in the first year in order to
comply with the recordkeeping,
reporting, and disclosure provision of
the 2023 Final Rule. At average labor
costs of $118 per hour,32 the estimated
first-year cost savings would be
approximately $2,242 per IDI, or
approximately $7 million for all small
entity IDIs—less than a tenth of a
percent of annual salaries and benefits
for these 3,130 entities in aggregate. At
the individual IDI level, the estimated
first-year cost savings would not exceed
even one percent of the total annual
salaries and benefits for any small entity
IDI. For subsequent years, the estimated
costs savings are even smaller: an IDI
with less than $10 billion in assets is
expected to spend 3 hours and 10
minutes less (equivalent to $374) per
year,33 on average, to comply with the
recordkeeping, reporting, and disclosure
provisions within part 328 as a result of
the proposed rule. Thus, the proposed
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expected to spend 3 hours and 10
minutes less (equivalent to $374) per
year,33 on average, to comply with the
recordkeeping, reporting, and disclosure
provisions within part 328 as a result of
the proposed rule. Thus, the proposed
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34 44 U.S.C. 3501 et seq.
35 44 U.S.C. 3507(d).
36 5 CFR 1320.
rule is unlikely to significantly impact
any small entity IDI.
The proposed rule would also provide
benefits other than the cost savings
described above, including greater
flexibility in signage design and
placement, improved customer
experience, and reduced staff time
allocated to maintaining signage
compliance across multiple channels
and devices. As noted in section IV,
Expected Effects, of this document, the
FDIC is unable to quantify these effects.
However, the FDIC believes these
effects, while potentially substantive for
certain IDIs, are likely to be minimal in
the aggregate.
Given the expected effects of the
proposed rule described above, the FDIC
certifies that the proposed rule would
not have a significant economic impact
on a substantial number of small
entities.
The FDIC invites comments on all
aspects of the supporting information
provided in this RFA section. The FDIC
is particularly interested in comments
on any significant effects on small
entities that the agency has not
identified.
B. Paperwork Reduction Act
Certain provisions of the proposed
rule contain ‘‘collections of
information’’ within the meaning of the
Paperwork Reduction Act (PRA) of
1995.34 In accordance with the
requirements of the PRA, the FDIC may
not conduct or sponsor, and the
respondent is not required to respond
to, an information collection unless it
displays a currently valid Office of
Management and Budget (OMB) control
number
provisions of the proposed
rule contain ‘‘collections of
information’’ within the meaning of the
Paperwork Reduction Act (PRA) of
1995.34 In accordance with the
requirements of the PRA, the FDIC may
not conduct or sponsor, and the
respondent is not required to respond
to, an information collection unless it
displays a currently valid Office of
Management and Budget (OMB) control
number. The information collections
contained in the proposed rule have
been submitted to OMB for review and
approval by the FDIC under section
3507(d) of the PRA 35 and 5 CFR 1320.11
of OMB’s implementing regulations.36
The FDIC is proposing to extend for
three years, with revision, these
information collections.
Title of information Collection: FDIC’s
Official Sign and Advertising
Requirements, False Advertising,
Misrepresentation of Insured Status, and
Misuse of the FDIC’s Name or Logo.
OMB Number: 3064–0219.
Frequency of Response: Periodic—see
table below.
Affected Public: Businesses or other
for-profit.
Respondents: Any FDIC-insured
depository institution and persons that
provide deposit-related services to
insured depository institutions or offer
insured depository institution’s deposit-
related products or services to other
parties.
Current Actions: The proposed rule
would revise the currently approved
information collection to streamline the
requirements to display the FDIC
official digital sign and the display of
non-deposit signage to certain pages.
First, the proposal would reduce the
number of digital screens or pages on
which the FDIC official digital sign must
appear. Under the 2023 Final Rule, IDIs
are typically required to display the
FDIC official sign across an open-ended
number of locations, most likely at least
six
quirements to display the FDIC
official digital sign and the display of
non-deposit signage to certain pages.
First, the proposal would reduce the
number of digital screens or pages on
which the FDIC official digital sign must
appear. Under the 2023 Final Rule, IDIs
are typically required to display the
FDIC official sign across an open-ended
number of locations, most likely at least
six. The proposed rule would eliminate
the requirement to post the official
digital sign on pages where a consumer
may transact with deposits, which could
represent multiple pages (transfer pages,
remote deposit capture pages, and
account opening pages, for example).
Overall, the proposed rule would reduce
this requirement to four key locations
on digital channels and ATMs and like
devices: (a) on digital channels, the
requirement would drop from an open-
ended number of pages (initial or
homepage, landing or login, and pages
where a consumer may transact with
deposits) to just three (initial or
homepage, login page, and the screen
used to initiate a deposit account
opening); and (b) for ATMs and like
devices, the requirement would be
reduced from at least two or more
screens (home and each deposit-related
transaction screen) to only the initial
screen.
Second, the proposal would narrow
the non-deposit signage requirements:
(a) for digital channels, non-deposit
signage would no longer be required on
all pages related to non-deposit
products; instead, non-deposit signage
would only be required on pages
primarily dedicated to one or more non-
deposit products, thereby reducing the
number of applicable pages; and (b) for
ATMs and like devices, the proposal
would both limit the types of devices
that require non-deposit signage (only
those enabling transactions with non-
deposit products) and reduce the
number of screens where signage must
appear (from all related screens to only
the initial non-deposit product screen)
more non-
deposit products, thereby reducing the
number of applicable pages; and (b) for
ATMs and like devices, the proposal
would both limit the types of devices
that require non-deposit signage (only
those enabling transactions with non-
deposit products) and reduce the
number of screens where signage must
appear (from all related screens to only
the initial non-deposit product screen).
These proposed changes are reflected
in information collections 3–5 on the
table below. Based on available data, the
estimated annual burden associated
with the information collection would
decrease.
SUMMARY OF ESTIMATED ANNUAL PRA BURDEN
Information collection
(obligation to respond)
Type of burden
(frequency of response)
Number of
respondents
Average
number of
responses per
respondent
Average time
per response
(HH:MM)
Annual burden
(hours)
1. Signs within Institution Premises—Banks
<$10B, 12 CFR 328.3 (Mandatory).
Third-Party Disclosure
(Annual).
4,496
7
1:00
31,472
2. Signs within Institution Premises—Banks
>=$10B, 12 CFR 328.3 (Mandatory).
Third-Party Disclosure
(Annual).
158
279
2:00
88,164
3. Signage for ATMs and Digital Deposit-taking
Channels—Implementation, 12 CFR 328.4 and
328.5 (Mandatory).
Third-Party Disclosure
(Annual).
4,471
0.333
41:00
61,049
4. Signage for ATMs and Digital Deposit-taking
Channels—Banks <$10B—Ongoing, 12 CFR
328.4 and 328.5 (Mandatory).
Third-Party Disclosure
(Annual).
4,311
0.667
6.50
19,646
5. Signage for ATMs and Digital Deposit-taking
Channels—Banks >=$10B—Ongoing, 12 CFR
328.4 and 328.5 (Mandatory).
Third-Party Disclosure
(Annual).
160
0.667
13.40
1,462
6. Policies and Procedures—Implementation, 12
CFR 328.8 (Mandatory).
Recordkeeping (Annual)
1,551
1
80:00
124,080
7. Policies and Procedures—Ongoing, 12 CFR
328.8 (Mandatory)
ure
(Annual).
4,311
0.667
6.50
19,646
5. Signage for ATMs and Digital Deposit-taking
Channels—Banks >=$10B—Ongoing, 12 CFR
328.4 and 328.5 (Mandatory).
Third-Party Disclosure
(Annual).
160
0.667
13.40
1,462
6. Policies and Procedures—Implementation, 12
CFR 328.8 (Mandatory).
Recordkeeping (Annual)
1,551
1
80:00
124,080
7. Policies and Procedures—Ongoing, 12 CFR
328.8 (Mandatory).
Recordkeeping (Annual)
3,103
1
12:00
37,236
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37 Public Law 106–102, section 722, 113 Stat.
1338, 1471 (1999), 12 U.S.C. 4809.
38 12 U.S.C. 4802(a).
39 12 U.S.C. 4802(b).
SUMMARY OF ESTIMATED ANNUAL PRA BURDEN—Continued
Information collection
(obligation to respond)
Type of burden
(frequency of response)
Number of
respondents
Average
number of
responses per
respondent
Average time
per response
(HH:MM)
Annual burden
(hours)
8. Insured Depository Institution Relationships—
Implementation 12 CFR 328.102(b)(5) (Manda-
tory).
Third-Party Disclosure
(Annual).
500
1
2:30
1,250
9. Insured Depository Institution Relationships—
Ongoing 12 CFR 328.102(b)(5) (Mandatory).
Third-Party Disclosure
(Annual).
1,000
1
1:00
1,000
10. Request for Consent to Use Non-English
Language Advertising Statement—12 CFR
328.6(f) (Required to Obtain or Retain a Ben-
efit).
Reporting ......................
(On occasion) ...............
1
1
2:00
2
Total Annual Burden (Hours) ........................
.......................................
........................
........................
........................
365,361
Source: FDIC.
Note: The annual burden estimate for a given collection is calculated in two steps
(f) (Required to Obtain or Retain a Ben-
efit).
Reporting ......................
(On occasion) ...............
1
1
2:00
2
Total Annual Burden (Hours) ........................
.......................................
........................
........................
........................
365,361
Source: FDIC.
Note: The annual burden estimate for a given collection is calculated in two steps. First, the total number of annual responses is calculated as
the whole number closest to the product of the annual number of respondents and the annual number of responses per respondent. Then, the
total number of annual responses is multiplied by the time per response and rounded to the nearest hour to obtain the estimated annual burden
for that collection. This rounding ensures the annual burden hours in the table are consistent with the values recorded in the OMB’s regulatory
tracking system.
This proposal would result in a decrease in the average time per response for lines 3–5 in the table. The remaining ICs are presented for re-
newal without change.
Comments are invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the FDIC’s functions,
including whether the information has
practical utility;
(b) The accuracy of the estimate of the
burden of the information collection,
including the validity of the
methodology and assumptions used;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
the collection of
information is necessary for the proper
performance of the FDIC’s functions,
including whether the information has
practical utility;
(b) The accuracy of the estimate of the
burden of the information collection,
including the validity of the
methodology and assumptions used;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(d) Ways to minimize the burden of
the information collection on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
All comments will become a matter of
public record. Comments on aspects of
this document that may affect reporting,
recordkeeping, or disclosure
requirements and burden estimates
should be sent to the address listed in
the ADDRESSES section of this document.
Written comments and
recommendations for this information
collection also should be sent within 60
days of publication of this document to
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
60-day Review—Open for Public
Comments’’ or by using the search
function.
C. Plain Language
Section 722 of the Gramm-Leach
Bliley Act 37 requires the Federal
banking agencies to use plain language
in all proposed and final rules
published after January 1, 2000. The
FDIC invites your comments on how to
make the proposed rule easier to
understand
collection by selecting ‘‘Currently under
60-day Review—Open for Public
Comments’’ or by using the search
function.
C. Plain Language
Section 722 of the Gramm-Leach
Bliley Act 37 requires the Federal
banking agencies to use plain language
in all proposed and final rules
published after January 1, 2000. The
FDIC invites your comments on how to
make the proposed rule easier to
understand. For example:
• Has the FDIC organized the material
to suit your needs? If not, how could the
proposed rule be more clearly stated?
• Are the requirements in the
proposed rule clearly stated? If not, how
could the proposed rule be more clearly
stated?
• Does the proposed rule contain
language or jargon that is not clear? If
so, which language requires
clarification?
• Would a different format (grouping
and order of sections, use of headings,
paragraphing) make the proposed rule
easier to understand? If so, what
changes to the format would make the
proposed rule easier to understand?
• What else could the FDIC do to
make the proposed rule easier to
understand?
D. Riegle Community Development and
Regulatory Improvement Act of 1994
Pursuant to section 302(a) of the
Riegle Community Development and
Regulatory Improvement Act of 1994
(RCDRIA),38 in determining the effective
date and administrative compliance
requirements for new regulations that
impose additional reporting, disclosure,
or other requirements on IDIs, each
Federal banking agency must consider,
consistent with principles of safety and
soundness and the public interest, any
administrative burdens that such
regulations would place on affected
depository institutions, including small
depository institutions, and customers
of depository institutions, as well as the
benefits of such regulations
ng, disclosure,
or other requirements on IDIs, each
Federal banking agency must consider,
consistent with principles of safety and
soundness and the public interest, any
administrative burdens that such
regulations would place on affected
depository institutions, including small
depository institutions, and customers
of depository institutions, as well as the
benefits of such regulations. In addition,
section 302(b) of the RCDRIA requires
new regulations and amendments to
regulations that impose additional
reporting, disclosures, or other new
requirements on IDIs generally to take
effect on the first day of a calendar
quarter that begins on or after the date
on which the regulations are published
in final form. The FDIC invites
comments that further will inform its
consideration of the RCDRIA.39
E. Executive Order 12866 and 14192
Executive Order 12866, as amended,
provides that the Office of Information
and Regulatory Affairs (OIRA) will
review all ‘‘significant regulatory
actions’’ as defined therein. OIRA has
determined that this proposal is not a
‘‘significant regulatory action’’ for
purposes of Executive Order 12866. The
proposal, if finalized as proposed, is not
expected to be an Executive Order
14192 regulatory action.
VII. Request for Comment
The FDIC invites comment on all
aspects of this proposed rulemaking. In
particular, the FDIC seeks feedback on
the scope of the proposed rule and its
requirements, and responses to the
following specific questions:
FDIC Official Digital Sign Design
r 12866. The
proposal, if finalized as proposed, is not
expected to be an Executive Order
14192 regulatory action.
VII. Request for Comment
The FDIC invites comment on all
aspects of this proposed rulemaking. In
particular, the FDIC seeks feedback on
the scope of the proposed rule and its
requirements, and responses to the
following specific questions:
FDIC Official Digital Sign Design
(1) Do the proposed rule’s
requirements regarding the color, size,
and font of the FDIC official digital
sign’s text provide a reasonable amount
of flexibility while ensuring that the
official digital sign is easily
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recognizable, consistent, and conveys
the certainty and confidence historically
provided by the physical FDIC official
sign at banks’ teller windows? If not,
please identify any additional or
alternative requirements to the design of
the official digital sign that would
provide further flexibility while meeting
the recognizability, consistency, and
confidence of the policy objectives.
(2) Are there substantive changes to
the text of the FDIC official digital sign,
such as including the phrase, ‘‘Deposits
are FDIC-insured,’’ that would provide
additional clarity? Should IDIs be
permitted to amend or add to the text of
the FDIC official digital sign? If so,
please provide details regarding the
level of flexibility or specific text
suggestions. Are there downsides to
changes to the text or additional
flexibility?
(3) Should the proposed rule include
a minimum size font for the text of the
FDIC official digital sign? If so, would
this work for mobile phone applications
with a small amount of space? If not, are
there other ways to ensure that the FDIC
official digital sign is readable, legible,
and clear?
ific text
suggestions. Are there downsides to
changes to the text or additional
flexibility?
(3) Should the proposed rule include
a minimum size font for the text of the
FDIC official digital sign? If so, would
this work for mobile phone applications
with a small amount of space? If not, are
there other ways to ensure that the FDIC
official digital sign is readable, legible,
and clear?
(4) Do the proposed rule’s
requirements regarding the design of the
FDIC official digital sign present
technical challenges? If so, please
provide specific examples and potential
alternatives that would support the
FDIC’s stated policy objectives while
mitigating compliance and other costs.
(5) Should the proposed rule clarify
what ‘‘similar fonts’’ to Source Sans Pro
Web are permissible for the display of
the FDIC official digital sign? If so,
please suggest ways of providing such
clarification.
Signage Requirements for Digital
Deposit-Taking Channels
(6) Are there additional ways the
FDIC could clarify which pages and
screens of an IDI’s digital deposit-taking
channel would be required to display
the FDIC official digital sign?
(7) Does the proposed rule sufficiently
address the stated policy objective of
addressing risk of confusion where
consumers interact with deposits and
non-deposit products through the same
digital channels? Are there any
additional or alternative requirements
that would draw a clear distinction
between deposits and non-deposit
products on digital channels?
(8) Do the proposed rule’s
requirements regarding the display of
the FDIC official digital sign present
technical challenges that are not
sufficiently mitigated by the flexibility
provided? If so, are there ways to
address those challenges while still
displaying the FDIC official digital sign
in a recognizable and consistent manner
that mitigates consumer confusion?
on digital channels?
(8) Do the proposed rule’s
requirements regarding the display of
the FDIC official digital sign present
technical challenges that are not
sufficiently mitigated by the flexibility
provided? If so, are there ways to
address those challenges while still
displaying the FDIC official digital sign
in a recognizable and consistent manner
that mitigates consumer confusion?
(9) The proposed rule would require
the display of non-deposit signage only
on pages and screens that are ‘‘primarily
dedicated’’ to one or more non-deposit
products. Is the meaning of ‘‘primarily
dedicated’’ sufficiently clear as to which
pages and screens require the non-
deposit signage?
(10) The proposed rule would require
that the FDIC official digital sign and
non-deposit signage on certain digital
deposit-taking channels be displayed
clearly, continuously, and
conspicuously. How can the FDIC
provide additional guidance on whether
a particular instance of the FDIC official
digital sign or non-deposit signage on a
given page is displayed ‘‘clearly,
continuously, and conspicuously’’?
(11) Does the proposed rule’s
minimum three-second duration for the
display of the one-time notification
before automatic dismissal provide
consumers with sufficient opportunity
to read and understand the content of
the notification? Is there an alternative
duration that would set a more
appropriate minimum standard for the
display of the one-time notification? Are
there other alternative approaches
besides a minimum duration that would
achieve the stated policy objectives?
(12) Should the one-time notification
requirement apply when the third-party
is an affiliate of an IDI? If so, why, and
if not, why not?
Sign Requirements for ATMs and Like
Devices
(13) Is the proposed rule sufficiently
clear as to which pages and screens on
ATMs and like devices are required to
display the FDIC official digital sign? If
not, how could the proposed rule be
clearer?
s?
(12) Should the one-time notification
requirement apply when the third-party
is an affiliate of an IDI? If so, why, and
if not, why not?
Sign Requirements for ATMs and Like
Devices
(13) Is the proposed rule sufficiently
clear as to which pages and screens on
ATMs and like devices are required to
display the FDIC official digital sign? If
not, how could the proposed rule be
clearer?
(14) The proposed rule would require
non-deposit signage to be displayed on
an ATM or like device only on the
initial transaction page or initial
transaction screen for a non-deposit
product. Is it sufficiently clear which
page or screen would be the ‘‘initial
transaction page or initial transaction
screen’’ for purposes of this
requirement? If not, how could the
requirement be clearer?
(15) For ATMs and like devices that
display the physical FDIC official sign,
are minimum standards for the
condition, clarity, or conspicuousness of
the sign necessary to ensure consumers
are able to view the sign’s content? If so,
what should those standards be?
(16) What risks of consumer
confusion or uncertainty, if any, are
presented by having different signage
requirements for ATMs and like devices
based on the date on which they are
placed into service?
(17) Do the proposed rule’s
requirements that the FDIC official
digital sign be displayed on an ATM’s
initial screen and that non-deposit
signage be displayed on the initial non-
deposit product transaction page
provide enough clarity about whether a
product is insured while providing
reasonable flexibility to IDIs?
Compliance Date
(18) For IDIs that have complied with
the 2023 Final Rule, is the proposed
January 1, 2027 compliance date
sufficient to allow IDIs to revise systems
and processes to ensure digital deposit-
taking channels, ATMs, and like devices
comply with the proposed
requirements, if implemented? What
expenses would IDIs incur in making
such revisions?
Innovation
xibility to IDIs?
Compliance Date
(18) For IDIs that have complied with
the 2023 Final Rule, is the proposed
January 1, 2027 compliance date
sufficient to allow IDIs to revise systems
and processes to ensure digital deposit-
taking channels, ATMs, and like devices
comply with the proposed
requirements, if implemented? What
expenses would IDIs incur in making
such revisions?
Innovation
(19) Do the proposed amendments
pose potential challenges to the ability
of IDI to innovate with respect to how
consumers engage with an IDI and its
products and services?
List of Subjects in 12 CFR Part 328
Advertising, Bank deposit insurance,
Savings associations, Signs and
symbols.
Authority and Issuance
For the reasons stated in the
preamble, the Federal Deposit Insurance
Corporation proposes to amend part 328
of title 12 of the Code of Federal
Regulations as follows:
PART 328—FDIC OFFICIAL SIGNS,
ADVERTISEMENT OF MEMBERSHIP,
FALSE ADVERTISING,
MISREPRESENTATION OF INSURED
STATUS, AND MISUSE OF THE FDIC’S
LOGO
■1. The authority citation for part 328
continues to read as follows:
Authority: 12 U.S.C. 1818, 1819 (Tenth),
1820(c), 1828(a).
■2. Revise § 328.4 to read as follows:
§ 328.4
Signs for automated teller
machines (ATMs) and like devices.
(a) Scope. This section governs
signage for insured depository
institutions’ ATMs and other remote
electronic facilities (referred to as ‘‘like
devices’’) that receive deposits. For
purpose of this section, ATMs and like
devices are not digital deposit-taking
channels.
(b) Display of FDIC official digital
sign. Except as provided in paragraph
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40777
Federal Register / Vol. 90, No. 160 / Thursday, August 21, 2025 / Proposed Rules
s section, ATMs and like
devices are not digital deposit-taking
channels.
(b) Display of FDIC official digital
sign. Except as provided in paragraph
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Federal Register / Vol. 90, No. 160 / Thursday, August 21, 2025 / Proposed Rules
(c) of this section, an insured depository
institution must clearly, continuously,
and conspicuously display the FDIC
official digital sign specified in
§ 328.5(b) on the initial screen of the
insured depository institution’s ATMs
and like devices.
(c) Limited exception for certain
ATMs to display physical official sign.
The physical official sign as described
in § 328.2 may be displayed in lieu of
the FDIC official digital sign as
described in § 328.5(b), for:
(1) ATMs and like devices placed into
service after January 1, 2027, that do not
permit an insured depository
institution’s customer to transact with a
non-deposit product; and
(2) ATMs and like devices placed into
service on or before January 1, 2027.
(d) Non-deposit signage. An insured
depository institution’s ATM and like
device that both receive deposits and
permit a customer to transact with one
or more non-deposit products must
clearly, continuously, and
conspicuously display signage
indicating that the non-deposit
products: are not insured by the FDIC;
are not deposits; and may lose value.
This signage must be displayed on the
initial transaction page or initial
transaction screen relating to a non-
deposit product.
■3. Revise § 328.5 to read as follows:
§ 328.5
Signs for digital deposit-taking
channels.
st
clearly, continuously, and
conspicuously display signage
indicating that the non-deposit
products: are not insured by the FDIC;
are not deposits; and may lose value.
This signage must be displayed on the
initial transaction page or initial
transaction screen relating to a non-
deposit product.
■3. Revise § 328.5 to read as follows:
§ 328.5
Signs for digital deposit-taking
channels.
(a) Scope. This section governs
signage for digital deposit-taking
channels, including insured depository
institutions’ websites and web-based or
mobile applications, that offer the
ability to make deposits electronically
and provide access to deposits at
insured depository institutions. This
section does not apply to ATMs and like
devices as described in § 328.4.
(b) Design. In general, the ‘‘FDIC’’ in
the FDIC official digital sign shall be
displayed in bold, navy blue or black,
and the ‘‘FDIC-Insured—Backed by the
full faith and credit of the U.S.
Government’’ shall be displayed in
smaller type, in italic, and with navy
blue or black lettering. The entire FDIC
official digital sign shall be displayed in
Source Sans Pro Web or similar font.
For an FDIC official digital sign that
would be illegible if displayed in the
colors listed in this paragraph, due to
the color of the background, the FDIC
official digital sign shall be displayed in
white to contrast with the background,
subject to the other requirements listed
in this paragraph. The official digital
sign required by the provisions of this
section shall have the following design,
for which wrapping may be permitted to
address space constraints:
colors listed in this paragraph, due to
the color of the background, the FDIC
official digital sign shall be displayed in
white to contrast with the background,
subject to the other requirements listed
in this paragraph. The official digital
sign required by the provisions of this
section shall have the following design,
for which wrapping may be permitted to
address space constraints:
(c) Display of FDIC official digital
sign. An insured depository institution’s
digital deposit-taking channel must
clearly, continuously, and
conspicuously display the FDIC official
digital sign specified in paragraph (b) of
this section on the following pages or
screens:
(1) Initial page or homepage of the
website or application;
(2) Login page; and
(3) Page or screen where the consumer
initiates a deposit account opening.
(d) Non-deposit signage.
(1) Display of non-deposit signage. An
insured depository institution’s digital
deposit-taking channel that offers the
ability to make deposits electronically
and provides access to deposits and one
or more non-deposit products must
clearly, continuously, and
conspicuously display signage
indicating that the non-deposit
products: are not insured by the FDIC;
are not deposits; and may lose value.
This signage must be displayed on all
pages or screens primarily dedicated to
one or more non-deposit products.
(2) One-time notification for bank
customers related to third-party non-
deposit products.
posit products must
clearly, continuously, and
conspicuously display signage
indicating that the non-deposit
products: are not insured by the FDIC;
are not deposits; and may lose value.
This signage must be displayed on all
pages or screens primarily dedicated to
one or more non-deposit products.
(2) One-time notification for bank
customers related to third-party non-
deposit products.
(i) Notification requirement. An
insured depository institution’s digital
deposit-taking channel that provides
access to a non-deposit product from a
non-bank third party’s online interface
must provide a one-time per session
notification to a bank customer who is
logged into the insured depository
institution’s deposit-taking channel
before the customer leaves the insured
depository institution’s digital deposit-
taking channel to access the non-bank
third party’s non-deposit product.
(ii) Content of notification. The
notification in paragraph (d)(2)(i) of this
section must clearly and conspicuously
state that the third party’s non-deposit
products: are not insured by the FDIC;
are not deposits; and may lose value.
(iii) Dismissal of notification. The
notification in paragraph (d)(2)(i) of this
section must either be dismissed by an
affirmative act of the bank customer,
such as a click or swipe, or
automatically disappear from view after
the customer has had a reasonable
opportunity to read the notification. For
the purpose of this requirement, a
notification that remains visible for at
least three seconds would provide a
reasonable opportunity for a customer to
read the notification.
(iv) Additional disclosures permitted.
Nothing in this paragraph (d) shall be
read to limit an insured depository
institution’s ability to include
additional disclosures in the
notification required by paragraph
(d)(2)(i) of this section that may help
prevent consumer confusion, including,
for example, that the bank customer is
leaving the insured depository
institution’s website.
ion.
(iv) Additional disclosures permitted.
Nothing in this paragraph (d) shall be
read to limit an insured depository
institution’s ability to include
additional disclosures in the
notification required by paragraph
(d)(2)(i) of this section that may help
prevent consumer confusion, including,
for example, that the bank customer is
leaving the insured depository
institution’s website.
(e) Examples of clear, continuous, and
conspicuous placement. Examples of
the FDIC official digital sign and non-
deposit signage placement that would
satisfy the ‘‘clear, continuous, and
conspicuous’’ standard include, but are
not limited to, the following:
(1) The homepage of an insured
depository institution’s website that
continuously displays the FDIC official
digital sign near the top of the page and
adjacent to the insured depository
institution’s name;
(2) The login page for an insured
depository institution’s mobile
application that displays the FDIC
official digital sign immediately
adjacent to the username and password
fields;
(3) The deposit account opening page
for an insured depository institution’s
web-based application that displays the
FDIC official digital sign near the top or
center of the page; and
(4) With respect to non-deposit
signage, a page on an insured depository
institution’s website promoting, for
example, annuities available for
purchase, with non-deposit signage
appearing towards the bottom of a
promotional text or graphic in a size
generally consistent with other text on
the page.
■4. Amend § 328.101 by adding the
definition for ‘‘Digital symbol’’ in
alphabetical order to read as follows:
§ 328.101
Definitions.
*
*
*
*
*
Digital symbol means the portion of
the FDIC official digital sign, as set forth
in § 328.5(b), consisting of ‘‘FDIC’’ and
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igital symbol’’ in
alphabetical order to read as follows:
§ 328.101
Definitions.
*
*
*
*
*
Digital symbol means the portion of
the FDIC official digital sign, as set forth
in § 328.5(b), consisting of ‘‘FDIC’’ and
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40778
Federal Register / Vol. 90, No. 160 / Thursday, August 21, 2025 / Proposed Rules
the one line of smaller type to the right
of ‘‘FDIC’’.
*
*
*
*
*
Federal Deposit Insurance Corporation.
By order of the Board of Directors.
Dated at Washington, DC, on August 19,
2025.
Jennifer M. Jones,
Deputy Executive Secretary.
[FR Doc. 2025–16056 Filed 8–20–25; 8:45 am]
BILLING CODE 6714–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2025–2262; Project
Identifier MCAI–2025–00083–T]
RIN 2120–AA64
Airworthiness Directives; ATR—GIE
Avions de Transport Re´gional
Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for
certain ATR—GIE Avions de Transport
Re´gional Model ATR42–300, –320,
–500, ATR72–201, and –212A airplanes,
and for all ATR—GIE Avions de
Transport Re´gional Model ATR72–102,
–202, –211, and –212 airplanes. This
proposed AD was prompted by an
inspection on the ATR final assembly
line that found a fire extinguishing tube,
located on the ceiling of the aft cargo
compartment, disconnected from its
sleeve. This proposed AD would require
a functional check of the aft cargo fire
extinguishing system and applicable on-
condition actions, if necessary. For
certain airplanes, this proposed AD
would also require an additional
functional check and applicable on-
condition actions. The FAA is
proposing this AD to address the unsafe
condition on these products
artment, disconnected from its
sleeve. This proposed AD would require
a functional check of the aft cargo fire
extinguishing system and applicable on-
condition actions, if necessary. For
certain airplanes, this proposed AD
would also require an additional
functional check and applicable on-
condition actions. The FAA is
proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments
on this proposed AD by October 6, 2025.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2025–2262; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this NPRM, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For European Union Aviation
Safety Agency (EASA) material
identified in this proposed AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu.
You may find this material on the EASA
website at ad.easa.europa.eu. It is also
available at regulations.gov under
Docket No. FAA–2025–2262.
• You may view this material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA
act
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu.
You may find this material on the EASA
website at ad.easa.europa.eu. It is also
available at regulations.gov under
Docket No. FAA–2025–2262.
• You may view this material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
FOR FURTHER INFORMATION CONTACT:
Alexis Whitaker, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone:
516–228–7309; email: 9-AVS-AIR-
BACO-COS@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments using a method listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2025–2262; Project
Identifier MCAI–2025–00083–T’’ at the
beginning of your comments. The most
helpful comments reference a specific
portion of the proposal, explain the
reason for any recommended change,
and include supporting data. The FAA
will consider all comments received by
the closing date and may amend this
proposal because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure
g any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Alexis Whitaker,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; phone: 516–228–7309; email:
9-AVS-AIR-BACO-COS@faa.gov. Any
commentary that the FAA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2025–0080,
dated April 11, 2025; corrected April 23,
2025 (EASA AD 2025–0080) (also
referred to as the MCAI), to correct an
unsafe condition for certain ATR—GIE
Avions de Transport Re´gional Model
ATR42–300, –320, –400, –500, ATR72–
201, and –212A airplanes, and for all
ATR—GIE Avions de Transport
Re´gional Model ATR72–102, –202,
–211, and –212 airplanes. Model
ATR42–400 airplanes are not
certificated by the FAA and are not
included on the U.S. type certificate
data sheet; this proposed AD therefore
does not include those airplanes in the
applicability
e Transport Re´gional Model
ATR42–300, –320, –400, –500, ATR72–
201, and –212A airplanes, and for all
ATR—GIE Avions de Transport
Re´gional Model ATR72–102, –202,
–211, and –212 airplanes. Model
ATR42–400 airplanes are not
certificated by the FAA and are not
included on the U.S. type certificate
data sheet; this proposed AD therefore
does not include those airplanes in the
applicability. The MCAI states that
during an inspection on the ATR final
assembly line, a fire extinguishing tube,
located on the ceiling of the aft cargo
compartment, was found disconnected
from its sleeve. Further investigations
indicated that this condition might
affect other ATR airplanes. This
condition, if not detected and corrected,
could affect the capability of the aft
cargo compartment fire extinguishing
system to contain a cargo compartment
fire.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2025–2262.
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## Nearby sections

- [FDIC FIL-1-2002 FOREIGN ASSETS CONTROL ACT](https://www.frixlaw.com/law-library/statutes/FDIC_FIL02001.md)
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- [FDIC FIL-1-2015 DEPOSITORY INSTITUTION REPORTS](https://www.frixlaw.com/law-library/statutes/FDIC_FIL15001.md)
- [FDIC FIL-1-2018 DEPOSITORY INSTITUTION REPORTS](https://www.frixlaw.com/law-library/statutes/FDIC_FIL18001.md)
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---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FDIC_FIL25040. Check the current official text before relying on it. Not legal advice.
