Notice of Final Rulemaking on Establishment and Relocation of Branches and Offices

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FDIC Financial Institution Letters › Notice of Final Rulemaking on Establishment and Relocation of Branches and Offices

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This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations

Federal Register

60547

Vol. 90, No. 245

Monday, December 29, 2025

1 12 U.S.C. 1828(d)(1).

2 12 U.S.C. 2903(a).

3 Public Law 103–328, 108 Stat. 2338 (1994).

IBBEA also imposes restrictions on out-of-State

banks opening a new interstate branch in a host

State in which the appropriate Federal banking

agency has determined that the bank is not

reasonably helping to meet the credit needs of the

communities served by the bank in the host State.

See also 12 CFR part 369.

FEDERAL DEPOSIT INSURANCE

CORPORATION

12 CFR Parts 303 and 345

RIN 3064–AG10

Establishment and Relocation of

Branches and Offices

AGENCY: Federal Deposit Insurance

Corporation.

ACTION: Final rule.

SUMMARY: The Federal Deposit

Insurance Corporation (FDIC) is

amending the processes by which an

insured State nonmember bank may

establish a branch or relocate a main

office or branch by eliminating certain

filing requirements, reducing processing

timelines, and updating public notice

procedures. The FDIC is also making

corresponding changes to procedures

applicable to the relocation of an

insured branch of a foreign bank.

DATES: The final rule will be effective

February 27, 2026

insured State nonmember bank may

establish a branch or relocate a main

office or branch by eliminating certain

filing requirements, reducing processing

timelines, and updating public notice

procedures. The FDIC is also making

corresponding changes to procedures

applicable to the relocation of an

insured branch of a foreign bank.

DATES: The final rule will be effective

February 27, 2026.

FOR FURTHER INFORMATION CONTACT:

Sandra Macias, Chief, (202) 898–3642,

smacias@fdic.gov; Scott Leifer, Senior

Review Examiner, (781) 794–5645,

sleifer@fdic.gov, Division of Risk

Management Supervision; Tara Oxley,

Associate Director, (202) 898–6722,

toxley@fdic.gov, Division of Depositor

and Consumer Protection; Benjamin

Klein, Senior Counsel, (202) 898–7027,

bklein@fdic.gov; Julia Dempewolf,

Acting Supervisory Counsel, (202) 898–

3645, jdempewolf@fdic.gov; Kali

Fleming, Attorney, (571) 637–1896,

kfleming@fdic.gov, Legal Division;

Federal Deposit Insurance Corporation,

550 17th Street NW, Washington, DC

20429.

SUPPLEMENTARY INFORMATION:

I. Policy Objectives

The objectives of the final rule are to

improve the speed and certainty of, and

reduce the regulatory burden associated

with, the filing process for insured State

nonmember banks seeking to establish a

branch or relocate a main office or

branch and for foreign banks seeking to

relocate an insured branch (collectively,

FDIC-supervised banks). The final rule

also makes certain definitional

clarifications to further improve

regulatory efficiency and certainty.

As discussed further in sections III.A

and III.C of this SUPPLEMENTARY

INFORMATION, the FDIC’s experience with

branch filings has demonstrated that

aspects of the filing process should be

modified or eliminated. For example,

through its supervisory programs, the

FDIC has access to much of the

information an applicant must provide

under the existing regulation

ry efficiency and certainty.

As discussed further in sections III.A

and III.C of this SUPPLEMENTARY

INFORMATION, the FDIC’s experience with

branch filings has demonstrated that

aspects of the filing process should be

modified or eliminated. For example,

through its supervisory programs, the

FDIC has access to much of the

information an applicant must provide

under the existing regulation. In

addition, branch filings are subject to a

public comment process that is not

mandated by statute, causes a

meaningful delay in the amount of time

to render a final decision, and typically

does not yield information that

materially aids the FDIC’s evaluation of

the statutory factors pursuant to which

these filings are considered. The FDIC

also has found that branch filings

generally present minimal supervisory

concerns, particularly where a branch

changes its physical address but

remains in approximately the same

location.

Accordingly, the final rule accelerates

expedited processing for institutions

that satisfy certain criteria, removes

select informational requirements,

eliminates the public comment process,

extends the expiration date for an

approved filing, and excludes from the

scope of filing requirements de minimis

changes in address. The revisions in the

final rule are expected to reduce the

regulatory burden imposed on FDIC-

supervised banks and the FDIC to

complete the filing process.

II. Background

A. Statutory Requirements

Section 18(d)(1) of the Federal

Deposit Insurance Act (FDI Act) requires

the FDIC’s prior written consent for an

insured State nonmember bank to

establish and operate a new domestic

branch or to move its main office or any

domestic branch from one location to

another.1 This section also prohibits a

foreign bank from moving an insured

branch from one location to another

without the FDIC’s prior written

consent

Federal

Deposit Insurance Act (FDI Act) requires

the FDIC’s prior written consent for an

insured State nonmember bank to

establish and operate a new domestic

branch or to move its main office or any

domestic branch from one location to

another.1 This section also prohibits a

foreign bank from moving an insured

branch from one location to another

without the FDIC’s prior written

consent.

When considering whether to grant or

withhold such consent, the FDIC must

consider the factors listed in section 6

of the FDI Act (statutory factors). The

statutory factors are as follows: (1) the

financial history and condition of the

depository institution; (2) the adequacy

of the depository institution’s capital

structure; (3) the future earnings

prospects of the depository institution;

(4) the general character and fitness of

the management of the depository

institution; (5) the risk presented by the

depository institution to the Deposit

Insurance Fund; (6) the convenience

and needs of the community to be

served by the depository institution; and

(7) whether the depository institution’s

corporate powers are consistent with the

purposes of the FDI Act. In addition,

when evaluating an application to

establish a branch, relocate a branch, or

relocate a main office, the Community

Reinvestment Act (CRA) requires the

FDIC to take into consideration the

bank’s record of meeting the credit

needs of its entire community,

including low- and moderate-income

neighborhoods, consistent with the safe

and sound operation of the bank.2 With

respect to a bank establishing a de novo

interstate branch that is not in the State

nonmember bank’s home State and in

which the bank does not already have

a branch, the Riegle-Neal Interstate

Banking and Branching Efficiency Act

of 1994 (IBBEA),3 as amended, imposes

certain additional restrictions and

requirements codified in sections 18(d)

and 44 of the FDI Act

ation of the bank.2 With

respect to a bank establishing a de novo

interstate branch that is not in the State

nonmember bank’s home State and in

which the bank does not already have

a branch, the Riegle-Neal Interstate

Banking and Branching Efficiency Act

of 1994 (IBBEA),3 as amended, imposes

certain additional restrictions and

requirements codified in sections 18(d)

and 44 of the FDI Act. Section 38 of the

FDI Act imposes additional

requirements and restrictions on

undercapitalized institutions seeking to

establish a branch.

B. FDIC Rules and Regulations

Subpart C of 12 CFR part 303 of the

FDIC Rules and Regulations (subpart C)

implements section 18(d) of the FDI Act

and sets forth the filing requirements

and procedures for insured State

nonmember banks to establish a branch,

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4 12 CFR 303.42(a).

5 See 12 CFR 303.42(b) through (d).

6 See 12 CFR 303.43.

7 12 CFR 303.2(r).

8 12 CFR 303.2(r).

9 12 CFR 303.43(a).

10 12 CFR 303.43(b).

11 90 FR 33898 (July 18, 2025).

relocate a branch or main office, and

retain an existing branch after the

interstate relocation of a main office.

Subpart C requires all insured State

nonmember banks to submit an

application to the appropriate FDIC

office prior to establishing a new

branch, relocating a branch or a main

office, or retaining a branch after the

interstate relocation of a main office.4

All applicants are required to submit the

same information regardless of the type

of proposed change and regardless of

the bank’s supervisory history, except

that, consistent with section 38 of the

FDI Act, undercapitalized institutions

must submit relatively more

information

h, relocating a branch or a main

office, or retaining a branch after the

interstate relocation of a main office.4

All applicants are required to submit the

same information regardless of the type

of proposed change and regardless of

the bank’s supervisory history, except

that, consistent with section 38 of the

FDI Act, undercapitalized institutions

must submit relatively more

information. Further, the FDIC retains

the right to request additional

information to complete application

processing.5

The application processing timeline

depends primarily upon whether the

bank meets the definition of an ‘‘eligible

depository institution.’’ 6 An application

submitted by an eligible depository

institution is generally subject to

expedited processing, and applications

submitted by all other insured State

nonmember banks are subject to

standard processing.7 The FDIC Rules

and Regulations at 12 CFR part 303 (part

303) define an ‘‘eligible depository

institution’’ as a depository institution

that meets the following criteria: (1)

received an FDIC-assigned composite

rating of 1 or 2 under the Uniform

Financial Institutions Rating System

(UFIRS) as a result of its most recent

Federal or State examination; (2)

received a satisfactory or better CRA

rating from its primary Federal regulator

at its most recent examination, if the

depository institution is subject to

examination under 12 CFR part 345; (3)

received a compliance rating of 1 or 2

from its primary Federal regulator at its

most recent examination; (4) is well-

capitalized, as defined in the

appropriate capital regulation and

guidance of the institution’s primary

Federal regulator; and (5) is not subject

to a cease and desist order, consent

order, prompt corrective action

directive, written agreement,

memorandum of understanding, or

other administrative agreement with its

primary Federal regulator or chartering

authority.8

Under the current rule, the FDIC

retains the right to move an application

from expedited processing

he institution’s primary

Federal regulator; and (5) is not subject

to a cease and desist order, consent

order, prompt corrective action

directive, written agreement,

memorandum of understanding, or

other administrative agreement with its

primary Federal regulator or chartering

authority.8

Under the current rule, the FDIC

retains the right to move an application

from expedited processing to standard

processing when appropriate.9 Absent

such removal, an application processed

under expedited processing is deemed

approved the latest of (1) 21 days after

the FDIC receives a substantially

complete application, (2) 5 days after

the public comment period expires, or

(3) in the case of an interstate branch

application that represents new entry

into a State where the applicant does

not maintain a branch, 5 days after the

FDIC receives the requisite confirmation

from the host State that its filing

requirements have been satisfied. The

FDIC must provide the applicant with

written notification of the final action

when the decision is rendered.10

Subpart J of part 303 (subpart J) sets

forth the procedures for an insured

branch of a foreign bank seeking the

FDIC’s consent to move from one

location to another at 12 CFR 303.184.

The requirements in subpart J largely

mirror the requirements found in

subpart C.

C. Branch Application Statistics

From 2015 to September 30, 2025, the

FDIC received 7,043 branch

applications: 5,366 applications to

establish a branch, 489 to relocate a

main office, 1,183 to relocate a branch,

and 5 applications related to an insured

branch of a foreign bank, for an average

of 655 applications received per year.

During this period, the FDIC approved

an average of 624 branch applications

annually (479 branch establishment

applications, 102 branch relocation

applications, and 43 main office

relocation applications)

anch, 489 to relocate a

main office, 1,183 to relocate a branch,

and 5 applications related to an insured

branch of a foreign bank, for an average

of 655 applications received per year.

During this period, the FDIC approved

an average of 624 branch applications

annually (479 branch establishment

applications, 102 branch relocation

applications, and 43 main office

relocation applications). On average,

531 applications per year were

approved under expedited processing

(85 percent) and 92 were approved

under standard processing (15 percent).

From 2015 to September 30, 2025, the

average time between the FDIC’s receipt

of an application to establish a branch

or relocate a branch or main office and

the application being approved, denied,

returned to the applicant, or withdrawn,

was 25 days for applications subject to

expedited processing and 70 days for

applications subject to standard

processing.

D. Public Comments

On July 18, 2025, the FDIC published

in the Federal Register a notice of

proposed rulemaking on the

Establishment and Relocation of

Branches and Offices (NPR).11 The FDIC

invited public comment on all aspects

of the NPR. The comment period ended

on September 16, 2025. The FDIC

received 8 total comments from 7

different individuals, financial

institutions, industry groups, and

consumer organizations.

Several comments were supportive of

the NPR. More specifically, several

commenters supported the FDIC’s

efforts to shorten filing processing

timelines, simplify certain filing

requirements, and eliminate

unnecessary delays. Two of these

commenters generally supported the

elimination of public notice and

comment requirements, and one of these

commenters supported providing

reasonable advance notice to customers

for de minimis changes in address but

requested clarification on what would

constitute reasonable advance notice

ing

timelines, simplify certain filing

requirements, and eliminate

unnecessary delays. Two of these

commenters generally supported the

elimination of public notice and

comment requirements, and one of these

commenters supported providing

reasonable advance notice to customers

for de minimis changes in address but

requested clarification on what would

constitute reasonable advance notice.

Two commenters supported the

proposed changes to expedited

processing, with one of these

commenters noting that the NPR would

shorten expedited processing timelines

and another of these commenters noting

that the NPR would expand the number

of eligible institutions. One commenter

requested clarification on what would

constitute a ‘‘substantially complete’’

filing and guidance on how the FDIC

would determine an institution’s

eligibility for expedited processing.

One commenter expressed support for

the proposed definitions. In particular,

the commenter noted that clarification

of terms, including ‘‘branch,’’ ‘‘remote

service unit,’’ and ‘‘de minimis change

in address,’’ will help to ensure

consistent interpretation and

application. One commenter requested

clarification on several definitions,

including examples of what features

distinguish a remote service unit (RSU)

from other service models and examples

of what qualifies as an intrastate

relocation. The commenter also

requested that the FDIC clarify whether

the same streamlined filing

requirements apply to intrastate

relocations of main offices.

One commenter requested that the

FDIC make an additional change to 12

CFR 303.45(c) to extend the expiration

date for an approved filing from 18

months to 36 months. The commenter

reasoned that preparations for a

relocation generally take longer than the

18 months provided by the current

regulation, and a longer expiration

period would enable institutions to seek

regulatory approval earlier in the

process.

Several commenters opposed aspects

of the NPR

12

CFR 303.45(c) to extend the expiration

date for an approved filing from 18

months to 36 months. The commenter

reasoned that preparations for a

relocation generally take longer than the

18 months provided by the current

regulation, and a longer expiration

period would enable institutions to seek

regulatory approval earlier in the

process.

Several commenters opposed aspects

of the NPR. Four commenters asserted

that some of the proposed changes may

be inconsistent with the CRA.

Specifically, three of these commenters

expressed concerns regarding the

proposed elimination of the provisions

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12 12 CFR 303.44.

13 See 12 U.S.C. 2902(3)(C) through (D).

14 See generally 12 CFR 303.10.

15 See 12 U.S.C. 1813(o).

concerning public comments and public

hearings, two of these commenters

opposed the elimination of public

notice and filing requirements, and one

of these commenters objected to the

removal of local newspaper posting

requirements. These commenters argued

that, by eliminating public notice and

comment processes, the FDIC would be

unable to fulfill its obligations under the

CRA with respect to branch filings.

One commenter opposed the creation

of a new definition for de minimis

changes in address. The commenter

asserted that the proposed exclusion of

de minimis changes in address could

have negative community impacts.

Three commenters expressed

concerns regarding the proposed

changes to expedited processing. Two of

these commenters expressed concerns

regarding the proposed shortening of the

filing approval period and the proposed

elimination of the FDIC’s discretion to

remove a filing from expedited

processing

proposed exclusion of

de minimis changes in address could

have negative community impacts.

Three commenters expressed

concerns regarding the proposed

changes to expedited processing. Two of

these commenters expressed concerns

regarding the proposed shortening of the

filing approval period and the proposed

elimination of the FDIC’s discretion to

remove a filing from expedited

processing. One of these commenters

expressed concerns about making

UFIRS 3-rated institutions eligible for

expedited processing. The commenter

reasoned that UFIRS 3-rated institutions

are underperforming institutions and

should not be permitted to receive ‘‘fast-

tracked’’ approval under the proposed

rule. Another of these commenters

objected to the proposed eligibility of

intrastate branch and main office

relocation filings for expedited

processing.

III. Description of the Final Rule

A. Rules of General Applicability

1. Public Notice Requirements

Public notice requirements under

subpart A of 12 CFR part 303 of the

FDIC Rules and Regulations (subpart A)

generally apply to applications

submitted under subpart C.12 The NPR

proposed to eliminate the public notice

and related public comment period from

subpart C and to make conforming

changes to subpart A. Specifically, the

FDIC proposed to strike the provisions

in 12 CFR 303.7(a) and (c) that reference

the establishment of a branch or a

branch or main office relocation as

being subject to the public notice

requirements in subpart A. In addition,

the FDIC proposed to make technical

conforming changes to the CRA

regulations in 12 CFR part 345, which

cross reference the public notice

provisions of subpart A.

Three commenters generally

supported the FDIC’s efforts to

streamline subpart C filings, with two of

these commenters specifically

supporting the elimination of the public

notice and comment period. Four

commenters objected to the elimination

of the public notice and related public

comment period

ations in 12 CFR part 345, which

cross reference the public notice

provisions of subpart A.

Three commenters generally

supported the FDIC’s efforts to

streamline subpart C filings, with two of

these commenters specifically

supporting the elimination of the public

notice and comment period. Four

commenters objected to the elimination

of the public notice and related public

comment period.

Some commenters argued that the

elimination would violate the CRA. As

explained in the NPR, elimination of the

public notice and related public

comment period does not change the

FDIC’s obligations under the CRA. The

FDIC will continue to take into

consideration a bank’s CRA rating.13 An

institution’s ability to qualify for

expediting processing as an eligible

depository institution depends on a

satisfactory or better CRA rating. The

FDIC does not propose to alter this

element of the definition of eligible

depository institution. Accordingly,

eliminating the public notice and

comment period does not impact the

FDIC’s existing obligations under the

CRA.

Furthermore, as noted in the NPR, the

FDIC expects that a bank will provide

reasonable advance notice to customers

affected by a branch or main office

relocation. One commenter asked the

FDIC to clarify the scope of this

expectation and to provide additional

details regarding compliance. As

discussed in section III.E of this

SUPPLEMENTARY INFORMATION, the FDIC

is adopting a regulatory customer

notification obligation and includes

additional details regarding compliance

below.

The FDIC is adopting the changes to

12 CFR 303.7(a) and (c) as proposed.

The FDIC will continue to comply with

its obligations under the CRA, which

does not require public notice or

comment for branch establishments or

branch and main office relocations.

2

ION, the FDIC

is adopting a regulatory customer

notification obligation and includes

additional details regarding compliance

below.

The FDIC is adopting the changes to

12 CFR 303.7(a) and (c) as proposed.

The FDIC will continue to comply with

its obligations under the CRA, which

does not require public notice or

comment for branch establishments or

branch and main office relocations.

2. Hearings and Other Meetings

Applications submitted under subpart

C are generally subject to subpart A’s

provisions concerning hearings and

other meetings.14 The NPR proposed to

eliminate branch filings from the

hearings and other meetings provisions

in subpart A. Specifically, the FDIC

proposed to strike the provisions in 12

CFR 303.10(a) that reference the

establishment of a branch or a branch or

main office relocation because these

public hearing provisions are not

statutorily required. The NPR also

explained that public hearings do not

materially aid the FDIC’s consideration

of the statutory factors when evaluating

an application to establish a branch or

to relocate a main office or branch.

Three commenters objected to the

elimination of branch filings from the

hearings and other meetings provisions

in subpart A. Two of these commenters

urged that the small number of requests

for hearings received and granted by the

FDIC is not a justification for

eliminating the right of the public to

request hearings. One of these

commenters claimed that the

elimination of branch filings from the

hearings and other meetings provisions

in subpart A, coupled with the proposed

reduction of filing processing timelines,

would provide limited opportunity for

community feedback.

The FDIC is adopting the changes to

12 CFR 303.10(a) as proposed

tion for

eliminating the right of the public to

request hearings. One of these

commenters claimed that the

elimination of branch filings from the

hearings and other meetings provisions

in subpart A, coupled with the proposed

reduction of filing processing timelines,

would provide limited opportunity for

community feedback.

The FDIC is adopting the changes to

12 CFR 303.10(a) as proposed. The FDI

Act does not require the FDIC to hold

public hearings for applications

submitted under subpart C, and they

have not materially aided the FDIC’s

consideration of the statutory factors

when evaluating an application to

establish a branch or to relocate a main

office or branch.

B. Definitions

1. Branch

The FDIC is revising the definition of

‘‘branch’’ at 12 CFR 303.41(a) to clarify

that a branch does not include an RSU

to reflect the FDI Act’s statutory

exclusion of RSUs from the definition of

‘‘domestic branch.’’ 15 One commenter

supported the proposed definition for

the term ‘‘branch’’ with this

clarification. No commenters opposed

the proposed definition of ‘‘branch.’’

The FDIC is adopting the change as

proposed.

2. Branch Relocation

The FDIC is establishing a rule of

construction within the definition of

‘‘branch relocation’’ at 12 CFR 303.41(b)

in the final rule to provide that a branch

relocation does not include a de

minimis change in address. The rule of

construction defines a ‘‘de minimis

change in address’’ as occurring when a

branch exchanges one physical facility

for another within the same

approximate location, such as where (1)

a direct line of sight exists between the

two facilities, (2) the facilities share the

same parking area, or (3) the facilities

are located on contiguous properties or

on the same block

address. The rule of

construction defines a ‘‘de minimis

change in address’’ as occurring when a

branch exchanges one physical facility

for another within the same

approximate location, such as where (1)

a direct line of sight exists between the

two facilities, (2) the facilities share the

same parking area, or (3) the facilities

are located on contiguous properties or

on the same block.

The FDIC has found that in some

situations a change in facility may be in

a bank’s best interest for a business,

operational, or other reason outside the

control of a bank, such as the same

landlord expanding a shopping center

and offering more advantageous lease

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16 12 U.S.C. 1813(o).

17 See 12 CFR 7.1027.

18 See also OCC, ‘‘Activities and Operations of

National Banks and Federal Savings Associations,’’

85 FR 83686, 83703 (Dec. 22, 2020).

19 See FDIC, FIL–53–2024, ‘‘Classification of

Interactive Teller Machines as Domestic Branches

or Remote Service Units’’ (Aug. 9, 2024), available

at https://www.fdic.gov/news/financial-institution-

letters/2024/classification-interactive-teller-

machines-domestic.

terms for the exchange of one suite in

the shopping center for another. Such

changes are often time-sensitive due to

external circumstances. In the FDIC’s

experience, the exchange of one

physical facility for another that results

in such a de minimis change in address

is not appropriately contemplated under

the filing requirements of subpart C. The

final rule recognizes the absence of a

significant supervisory purpose to

processing filings for such de minimis

changes in address by removing the

requirement to submit a filing for such

changes

xperience, the exchange of one

physical facility for another that results

in such a de minimis change in address

is not appropriately contemplated under

the filing requirements of subpart C. The

final rule recognizes the absence of a

significant supervisory purpose to

processing filings for such de minimis

changes in address by removing the

requirement to submit a filing for such

changes.

Although a de minimis change in

address is not subject to the

requirements in 12 CFR 303.42 through

303.44, the final rule requires a bank

undertaking a de minimis change in

address to provide reasonable advance

written notice to customers of the

branch undergoing a de minimis change

in address and the appropriate FDIC

office.

Several commenters supported the

exclusion of de minimis changes in

address from filing requirements. One

commenter noted that the clarification

of key terms like ‘‘de minimis change in

address’’ will help ensure consistent

interpretation and application of filing

requirements. Another commenter

opposed the proposal to exclude de

minimis changes in address from filing

requirements. The commenter reasoned

that, by ‘‘fast-tracking’’ these filings, the

FDIC would be unable to gather enough

information to assess potential

community impacts resulting from de

minimis changes in address. For

example, the commenter hypothesized

that a de minimis change in address

could result in the closing of a street

level branch in favor of a new branch in

a high rise building that is less

accessible to customers.

The FDIC is adopting 12 CFR

303.41(b) as proposed. The FDIC has

retained the definition of de minimis

change in address and the

corresponding exception from filing

requirements because the expected

reductions in regulatory burden and

cost for both banks and the FDIC

outweigh the potential risks

branch in favor of a new branch in

a high rise building that is less

accessible to customers.

The FDIC is adopting 12 CFR

303.41(b) as proposed. The FDIC has

retained the definition of de minimis

change in address and the

corresponding exception from filing

requirements because the expected

reductions in regulatory burden and

cost for both banks and the FDIC

outweigh the potential risks. The

purpose of the exception is to allow a

bank to move to a nearby facility when

it is in its best interest for a business,

operational, or other reason outside the

control of a bank, and therefore the

FDIC does not expect that FDIC-

supervised banks would utilize the de

minimis change in address exception to

move to a branch that would be more

difficult for its customers to access.

3. De Novo Interstate Branch

The FDIC is replacing the term ‘‘de

novo branch’’ with ‘‘de novo interstate

branch’’ in subpart C. The term ‘‘de

novo branch’’ is defined in section

18(d)(4)(C) of the FDI Act within the

more narrow context of interstate

branching. However, the current

definition of ‘‘de novo branch’’ in

subpart C does not account for the

interstate context of the statutory

definition. The FDIC is revising 12 CFR

303.41(c) to change the defined term to

‘‘de novo interstate branch’’ and

updating the definition to indicate that

it is a branch of a bank that is

established by the bank as a branch in

a State other than the bank’s home State

or one in which the bank does not

maintain a branch, and does not become

a branch of such bank as a result of (1)

the acquisition by the bank of an

insured depository institution or a

branch of an insured depository

institution, or (2) the conversion,

merger, or consolidation of any such

institution or branch.

The final rule makes conforming

changes to account for the new defined

term by replacing ‘‘de novo branch’’

with ‘‘de novo interstate branch’’ where

it is used in subpart C

as a result of (1)

the acquisition by the bank of an

insured depository institution or a

branch of an insured depository

institution, or (2) the conversion,

merger, or consolidation of any such

institution or branch.

The final rule makes conforming

changes to account for the new defined

term by replacing ‘‘de novo branch’’

with ‘‘de novo interstate branch’’ where

it is used in subpart C. Under the final

rule, this defined term is only relevant

to ensure that a filing for a de novo

interstate branch will be deemed

approved only after relevant host State

filing requirements have been satisfied.

The FDIC did not receive any comments

regarding these conforming changes.

4. Remote Service Unit

The FDIC is defining the term ‘‘remote

service unit’’ in subpart C at 12 CFR

303.41(g). Section 3(o) of the FDI Act

excludes automated teller machines

(ATMs) and RSUs from the definition of

‘‘domestic branch’’ but does not define

either term.16 The final rule adopts a

definition of RSU that aligns the FDIC

Rules and Regulations with the

regulations of the Office of the

Comptroller of the Currency (OCC).17

The final rule defines ‘‘remote service

unit’’ as an automated or unstaffed

facility, operated by a customer of a

bank with at most delimited assistance

from bank personnel, that conducts

banking functions such as receiving

deposits, paying withdrawals, or

lending money.

An RSU includes an ATM, automated

loan machine, automated device for

receiving deposits, personal computer,

telephone, other similar electronic

devices, and drop boxes. An RSU may

be equipped with a telephone or tele-

video device that allows contact with

bank personnel

from bank personnel, that conducts

banking functions such as receiving

deposits, paying withdrawals, or

lending money.

An RSU includes an ATM, automated

loan machine, automated device for

receiving deposits, personal computer,

telephone, other similar electronic

devices, and drop boxes. An RSU may

be equipped with a telephone or tele-

video device that allows contact with

bank personnel. The final rule excludes

a drop box from the definition of

‘‘branch’’ by including a drop box in the

definition of ‘‘remote service unit’’ to

avoid the incongruous result where the

definition of ‘‘branch’’ encompasses a

drop box but not an ATM.18

The FDIC’s definition of an RSU is

intended to accommodate most facilities

commonly referred to as ‘‘interactive

teller machines’’ (ITMs). In 2024, the

FDIC issued a Financial Institution

Letter stating that an ITM would qualify

for the RSU exclusion, and thus would

not be a branch, under the following

circumstances: (1) the ITM is an

automated, unstaffed banking facility

owned or operated by, or operated

exclusively for, the bank, which is

equipped to enable existing customers

to initiate an interactive session with

remotely located bank personnel; and,

(2) to the extent that bank personnel

have the ability to remotely assist the

customer with the operation of the ITM

to perform core banking functions,

customers must also be able to perform

such transactions without the

involvement of bank personnel and

must have the sole discretion to initiate

and terminate interactive sessions with

bank personnel.19 As part of the

proposal, the FDIC sought comment on

whether those criteria should be

retained or modified.

One commenter supported the

exclusion of RSUs from the definition of

‘‘branch,’’ but suggested that the FDIC

provide examples or frequently asked

questions (FAQs) to help banks

distinguish RSUs from other types of

staffed service channels

interactive sessions with

bank personnel.19 As part of the

proposal, the FDIC sought comment on

whether those criteria should be

retained or modified.

One commenter supported the

exclusion of RSUs from the definition of

‘‘branch,’’ but suggested that the FDIC

provide examples or frequently asked

questions (FAQs) to help banks

distinguish RSUs from other types of

staffed service channels. The

commenter noted that, as technology

evolves, the line between RSUs and

other staffed service channels may

become less clear. The FDIC recognizes

that technological advancements can

make it difficult to assess what may

distinguish an RSU from other staffed

service channels. The FDIC intends to

provide the industry with flexibility as

innovations drive new methods of

serving customers in a rapidly evolving

technology landscape, and the agency

may issue additional guidance based on

future technological advancements at a

later date.

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20 12 U.S.C. 1828(d)(1) includes a cross-reference

to 12 U.S.C. 1816, which outlines the relevant

statutory factors that the FDIC must consider in

connection with a branch application.

21 12 CFR 303.43(a).

22 Filings involving a de novo interstate branch

typically involve a lengthier approval timeline

because they are subject to additional statutory

requirements. See 12 U.S.C. 1828(d)(4)(B).

Specifically, the bank must comply with State filing

requirements, satisfy concentration limits, be

adequately capitalized, and be well capitalized and

well managed upon establishment of the branch.

See 12 U.S.C. 1831u(b)(1), (3), and (4).

23 12 CFR 303.2(r).

24 12 CFR 369.5 implements 12 U.S.C

ine

because they are subject to additional statutory

requirements. See 12 U.S.C. 1828(d)(4)(B).

Specifically, the bank must comply with State filing

requirements, satisfy concentration limits, be

adequately capitalized, and be well capitalized and

well managed upon establishment of the branch.

See 12 U.S.C. 1831u(b)(1), (3), and (4).

23 12 CFR 303.2(r).

24 12 CFR 369.5 implements 12 U.S.C. 1835a,

which provides that an out-of-State bank may not

open a new interstate branch in the host State

unless the bank provides reasonable assurances to

the satisfaction of the FDIC that the bank will

reasonably help to meet the credit needs of the

community that the new branch will serve.

Accordingly, expedited processing would be

inappropriate for filers subject to sanctions under

12 CFR 369.5.

25 12 CFR 303.43(a) (providing the criteria that an

institution must satisfy to qualify as an ‘‘eligible

depository institution’’).

C. Filing Procedures

1. General

The NPR proposed eliminating the

timing requirement for the submission

of a subpart C filing. Regulations at 12

CFR 303.42(a) currently require

applicants to submit an application to

the appropriate FDIC office on the date

the bank’s required newspaper notice is

published or within 5 days after the date

of the last required newspaper

publication. The FDIC proposed

eliminating the timing requirement

because it is tied to the newspaper

publication requirement, which the NPR

also eliminated. The FDIC did not

receive comments regarding this

proposed change. The FDIC is adopting

the revisions to 12 CFR 303.42(a) as

proposed.

2. Content of Filing

The NPR proposed to streamline the

information required to be included

with a branch filing under 12 CFR

303.42(b). The FDIC explained that

through its routine examination and

supervisory processes, it maintains

sufficient information to consider the

statutory factors without requiring a

bank to compile and submit all the

information currently required by

subpart C

2. Content of Filing

The NPR proposed to streamline the

information required to be included

with a branch filing under 12 CFR

303.42(b). The FDIC explained that

through its routine examination and

supervisory processes, it maintains

sufficient information to consider the

statutory factors without requiring a

bank to compile and submit all the

information currently required by

subpart C.

The FDIC asked commenters for

feedback on whether the proposed filing

content requirements are appropriate to

garner sufficient information for the

FDIC to evaluate the statutory factors in

the context of a branch establishment or

a branch or main office relocation. Two

commenters supported the proposed

streamlining of filing content, noting

that the result would reduce cost and

regulatory burden for applicants. One

commenter, however, noted that the

sixth statutory factor under section

18(d)(1) of the FDI Act requires the FDIC

to consider ‘‘the convenience and needs

of the community to be served,’’ 20 and

argued that the elimination of public

notice, comment, and hearing

procedures would prevent the FDIC

from appropriately considering that

factor. One commenter requested

clarification regarding whether the

proposed streamlined filing content

requirements apply to intrastate main

office relocations.

The FDIC is adopting the revisions to

12 CFR 303.42(b) as proposed. The FDIC

reiterates that it maintains sufficient

information to consider the statutory

factors without requiring a bank to

compile and submit all of the

information currently required by 12

CFR 303.42(b). Moreover, the FDIC is

satisfied that it can obtain additional

information necessary to analyze a

branch establishment or a branch or

main office relocation in accordance

with the statutory factors,

notwithstanding the streamlined

content filing requirements in the final

rule

ors without requiring a bank to

compile and submit all of the

information currently required by 12

CFR 303.42(b). Moreover, the FDIC is

satisfied that it can obtain additional

information necessary to analyze a

branch establishment or a branch or

main office relocation in accordance

with the statutory factors,

notwithstanding the streamlined

content filing requirements in the final

rule. In addition, the FDIC notes that the

filing content requirements under 12

CFR 303.42 apply to all subpart C

filings, which include intrastate main

office relocations.

D. Processing

1. Expedited Processing for Eligible

Depository Institutions

The NPR proposed to shorten the

approval period for expedited

processing for eligible depository

institutions and eliminate the FDIC’s

discretion to remove a filing from

expedited processing in 12 CFR

303.43(a). An application processed

under expedited processing is currently

deemed approved on the latest of the

following: (1) 21 days after receipt by

the FDIC of a substantially complete

application; (2) 5 days after expiration

of the comment period described in 12

CFR 303.44; or (3) in the case of an

application to establish a de novo

branch in a State that is not the

applicant’s home State and in which the

applicant does not maintain a branch, 5

days after the FDIC receives

confirmation from the host State that the

applicant has both complied with the

filing requirements of the host State and

submitted a copy of the application with

the FDIC to the host State bank

supervisor.21

The NPR proposed that a filing

submitted by an eligible depository

institution that is processed under

expedited processing would be deemed

approved on the later of the following:

confirmation from the host State that the

applicant has both complied with the

filing requirements of the host State and

submitted a copy of the application with

the FDIC to the host State bank

supervisor.21

The NPR proposed that a filing

submitted by an eligible depository

institution that is processed under

expedited processing would be deemed

approved on the later of the following:

(1) the third business day after receipt

by the FDIC of a substantially complete

filing; or (2) in the case of a filing to

establish and operate a de novo

interstate branch in a State that is not

the applicant’s home State and in which

the applicant does not maintain a

branch, the fifth day after the FDIC

receives confirmation from the host

State that the applicant has both

complied with the filing requirements of

the host State and submitted a copy of

the filing with the FDIC to the host State

bank supervisor.22 The FDIC proposed

to retain the definition of ‘‘eligible

depository institution.’’ 23 The final rule

reflects the statutory prohibition against

interstate deposit production offices by

clarifying that a filing will not receive

expedited processing if the filer is

subject to sanctions under 12 CFR

369.5.24

Some commenters expressed concern

that the abbreviated approval period

would not provide the FDIC with

sufficient time to conduct a meaningful

review of a subpart C filing. As

explained in the NPR, the FDIC

determined that qualification as an

eligible depository institution,25 in

tandem with the relative immateriality

of a branch establishment or relocation,

enables the FDIC to conclude that a

proposed branch establishment or

relocation satisfies the statutory factors.

The FDIC continues to believe the

proposed approval timelines are

appropriate to enhance the speed and

certainty of filings and is therefore

adopting those timelines as proposed.

One commenter encouraged the FDIC

to explain how eligibility for expedited

processing would be determined in

practice

conclude that a

proposed branch establishment or

relocation satisfies the statutory factors.

The FDIC continues to believe the

proposed approval timelines are

appropriate to enhance the speed and

certainty of filings and is therefore

adopting those timelines as proposed.

One commenter encouraged the FDIC

to explain how eligibility for expedited

processing would be determined in

practice. The FDIC notes that this would

entail confirming that the institution

meets the definition of ‘‘eligible

depository institution’’ based on

existing supervisory information.

The FDIC currently retains discretion

to remove a filing from expedited

processing for any reason described in

12 CFR 303.11(c)(2). Under the NPR, a

subpart C filing from an eligible

depository institution that satisfies the

criteria for expedited processing would

be deemed approved in accordance with

the statutory factors, and the FDIC

would not have discretion to remove the

filing from expedited processing. The

FDIC rarely exercised discretion to

remove a subpart C filing from

expedited processing and the proposed

change would provide more certainty to

filers who satisfy the expedited

processing criteria.

One commenter supported the

proposal to eliminate the FDIC’s

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Federal Register / Vol. 90, No. 245 / Monday, December 29, 2025 / Rules and Regulations

26 12 CFR 303.41(b).

27 See 12 U.S.C. 1831r–1 and Joint Policy

Statement on Branch Closings, 84 FR 34844 (June

29, 1999).

discretion to remove a filing from

expedited review, noting that the

change would provide greater certainty

to filers and reduce delays. However,

this commenter requested clarification

on what constitutes a ‘‘substantially

complete’’ filing, such that the

expedited timeline would begin

.

27 See 12 U.S.C. 1831r–1 and Joint Policy

Statement on Branch Closings, 84 FR 34844 (June

29, 1999).

discretion to remove a filing from

expedited review, noting that the

change would provide greater certainty

to filers and reduce delays. However,

this commenter requested clarification

on what constitutes a ‘‘substantially

complete’’ filing, such that the

expedited timeline would begin. Given

that branch filings will not be

information-intensive or require

iterative information requests, rather

than define ‘‘substantially complete’’ for

the purposes of branch filings, the final

rule deems a filing eligible for expedited

processing (other than a de novo

interstate branch) to be approved on the

third business day after the FDIC

receives a letter filing that includes the

information set forth in 12 CFR 303.42.

Two commenters expressed concern

that the FDIC would be unable to

appropriately exercise its supervisory

authority if its discretion to remove a

filing from expedited processing was

eliminated. The FDIC believes that the

goal of providing more certainty to filers

who satisfy the criteria for expedited

processing supports elimination of its

rarely exercised discretion to remove a

filing from expedited processing.

Accordingly, the final rule is adopted as

proposed, with modifications. These

modifications include eliminating the

reference to a ‘‘substantially complete’’

application and clarifying that a filing

will be processed under expedited

processing if the informational

requirements of 12 CFR 303.42 are

satisfied. Furthermore, a modification to

12 CFR 303.43 clarifies that filers

subject to sanctions under 12 CFR 369.5

are ineligible for expedited processing.

2

. These

modifications include eliminating the

reference to a ‘‘substantially complete’’

application and clarifying that a filing

will be processed under expedited

processing if the informational

requirements of 12 CFR 303.42 are

satisfied. Furthermore, a modification to

12 CFR 303.43 clarifies that filers

subject to sanctions under 12 CFR 369.5

are ineligible for expedited processing.

2. Expedited Processing for Branch

Relocations and Main Office Relocations

The NPR proposed to revise 12 CFR

303.43(b) to establish a new category of

expedited processing for intrastate

branch and main office relocation filings

submitted by a bank that received an

FDIC-assigned composite UFIRS rating

of 3 or better as a result of its most

recent Federal or State examination.

Expedited processing would apply to

intrastate branch and main office

relocation filings by institutions rated 3

or better under 12 CFR 303.43(b)

regardless of whether the institution

satisfied the other criteria in 12 CFR

303.2(r) for an eligible depository

institution.

Section 303.41(b) defines a ‘‘branch

relocation’’ narrowly as a move within

the same immediate neighborhood of

the existing branch that does not

substantially affect the nature of the

business of the branch or the customers

of the branch.26 This definition also

specifies that moving a branch to a

location outside its immediate

neighborhood is considered the closing

of an existing branch and the

establishment of a new branch. A main

office relocation, while not defined,

would not be expansionary in nature

regardless of the distance involved,

because the bank may only have a single

main office. For these reasons, a branch

or main office relocation typically

presents a limited set of facts and

circumstances for review and

consideration of the statutory factors.

One commenter recommended the

FDIC provide examples of what

qualifies as an intrastate main office

relocation

pansionary in nature

regardless of the distance involved,

because the bank may only have a single

main office. For these reasons, a branch

or main office relocation typically

presents a limited set of facts and

circumstances for review and

consideration of the statutory factors.

One commenter recommended the

FDIC provide examples of what

qualifies as an intrastate main office

relocation. To promote clarity, the final

rule adopts a definition of an ‘‘intrastate

main office relocation’’ to be the

relocation of a main office of a bank

within the same State such that there is

no change in the bank’s home State.

One commenter objected to

expanding expedited processing for

intrastate branch and main office

relocations so as to include banks that

received an FDIC-assigned composite

rating of 3 or better under the UFIRS.

The commenter characterized these

banks as ‘‘underperforming’’ and argued

that offering expedited processing to

these banks would disincentivize them

from correcting deficiencies. The final

rule retains expedited processing for

intrastate branch and main office

relocations because, as discussed above,

these relocations are non-expansionary

in nature. The FDIC notes that, under

the final rule, expedited processing for

branch establishments, as opposed to

relocations, remains limited to eligible

depository institutions.

Other commenters expressed concern

that the FDIC would not have discretion

to remove an intrastate branch or main

office relocation filing submitted by a

bank with a composite rating of 3 or

better from expedited processing. As

discussed above, expedited processing

for these non-expansionary filings by

banks with a composite rating of 3 or

better would promote the FDIC’s goal of

providing more certainty and clarity

regarding processing. The final rule

adopts the provisions of 12 CFR

303.43(b) as proposed.

3

location filing submitted by a

bank with a composite rating of 3 or

better from expedited processing. As

discussed above, expedited processing

for these non-expansionary filings by

banks with a composite rating of 3 or

better would promote the FDIC’s goal of

providing more certainty and clarity

regarding processing. The final rule

adopts the provisions of 12 CFR

303.43(b) as proposed.

3. FDIC Internal Processes

The NPR noted the FDIC was

evaluating and updating its internal

processes to further streamline and

expedite the review and consideration

of filings submitted under subpart C.

One commenter recommended that the

FDIC confirm that acknowledgement

letters will clearly state when the

expedited timeline begins and asked the

FDIC to clarify how eligibility for

expedited processing will be

determined in practice. The FDIC

intends to take these recommendations

into account as it continues to update its

internal processes and related publicly

available materials to reflect the

provisions of the final rule and

comments received on the NPR.

E. Public Notice Requirements

The NPR proposed to eliminate the

newspaper publication requirement in

12 CFR 303.44(a) and related provisions.

One commenter urged the FDIC to

maintain the newspaper publication

requirement. The commenter reasoned

that newspaper media outlets continue

to play a role in educating the public.

However, the NPR also noted the FDIC’s

expectation that banks seeking to

relocate a branch or main office provide

reasonable advance notice to customers

and the appropriate FDIC office. The

FDIC believes that this will accomplish

the underlying goal of ensuring that

customers are aware of proposed branch

and main office relocations and able to

conveniently access banking services.

One commenter requested that the

FDIC provide clear guidance on what

constitutes reasonable advanced notice

to customers

reasonable advance notice to customers

and the appropriate FDIC office. The

FDIC believes that this will accomplish

the underlying goal of ensuring that

customers are aware of proposed branch

and main office relocations and able to

conveniently access banking services.

One commenter requested that the

FDIC provide clear guidance on what

constitutes reasonable advanced notice

to customers. The FDIC intends to

provide the industry with flexibility in

determining how to best provide

reasonable advance notice to customers.

An applicant can choose the best

method or methods of communicating a

proposed branch or main office

relocation with its affected customer

base. Although the requirements of

section 42 of the FDI Act do not apply

to relocations, the type of notice

provided in such contexts, such as a

notice in a regular account statement,

would necessarily be considered

reasonable advance notice.27 The final

rule eliminates this provision of 12 CFR

303.44(a) as proposed, and, like the

NPR, would continue to require

confirmation of advance customer

notice as part of a branch or main office

relocation, and would require such

notice in connection with a de minimis

change in address. Specifically, the final

rule adopts the provision proposed in

the NPR that would make confirmation

of advance written notice to customers

part of the information requirements for

a branch or main office relocation filing.

With respect to a de minimis changes in

address, the final rule adopts the

provision proposed in the NPR that

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mation

of advance written notice to customers

part of the information requirements for

a branch or main office relocation filing.

With respect to a de minimis changes in

address, the final rule adopts the

provision proposed in the NPR that

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Federal Register / Vol. 90, No. 245 / Monday, December 29, 2025 / Rules and Regulations

28 FDIC Call Report and Structure Data, June 30,

2025.

29 FDIC supervisory data. 7,043 applications/

10.75 years = 655 applications per year (rounded to

the nearest integer).

30 Although the final rule will result in a decrease

in the burden for a branch application, the FDIC

does not believe the final rule will likely result in

a material increase in the number of branch

applications. To the extent that the final rule results

in a greater number of branch applications, the

historical average of 655 branch applications per

year may be an undercount of the number of

applications affected by the final rule. The FDIC

believes that using 700 as the number of branch

applications per year is a conservative estimate for

purposes of estimating the effects of the final rule.

31 Final 12 CFR 303.41(b).

32 Based on Paperwork Reduction Act hourly

burden estimates for branch applications by State

nonmember banks under Information Collection

Request OMB No. 3064–0070 (See https://

www.reginfo.gov/public/do/PRAICList?ref_

nbr=202301-3064-006). Hourly burden estimates for

branch applications by foreign banks under

Information Collection Request OMB No. 3064–

0114 are not used for this analysis because only 5

out of 7,043 historical branch applications were

submitted by a foreign bank

e

nonmember banks under Information Collection

Request OMB No. 3064–0070 (See https://

www.reginfo.gov/public/do/PRAICList?ref_

nbr=202301-3064-006). Hourly burden estimates for

branch applications by foreign banks under

Information Collection Request OMB No. 3064–

0114 are not used for this analysis because only 5

out of 7,043 historical branch applications were

submitted by a foreign bank.

33 In recent information collection requests, the

FDIC estimated that the fully loaded costs of

preparing and submitting branch applications are

approximately $147 per hour for State nonmember

banks and $135 per hour for foreign banks. See

https://www.reginfo.gov/public/do/

PRAViewICR?ref_nbr=202312-3064-001,

respectively.

34 De minimis changes in address will only

involve relocations ‘‘within the same approximate

location,’’ as per final 12 CFR 303.41(b)(1)(i).

35 $30,000 savings annually = $1,000 per

relocation application × 30 applications per year;

and 30 branch applications per year = 325

applications/10.75 years (rounded to the nearest

integer).

36 See section VI.A of this SUPPLEMENTARY

INFORMATION.

37 In recent information collection requests, the

FDIC estimated that the fully loaded costs of

preparing and submitting branch applications are

approximately $147 per hour for State nonmember

banks and $135 per hour for foreign banks. See

https://www.reginfo.gov/public/do/

PRAViewICR?ref_nbr=202312-3064-001,

respectively.

38 $268,000 cost savings per year = 670 branch

applications per year * 2 hours saved per

application * $200 per hour saved.

39 As noted above, intrastate branch filings are

deemed approved under expedited processing on

the latest of: the 21st day after receipt by the FDIC

of a substantially complete filing, or the fifth day

after expiration of the comment period described in

Continued

requires reasonable advance written

notice to customers of a branch

undergoing a de minimis change in

address.

F

hour saved.

39 As noted above, intrastate branch filings are

deemed approved under expedited processing on

the latest of: the 21st day after receipt by the FDIC

of a substantially complete filing, or the fifth day

after expiration of the comment period described in

Continued

requires reasonable advance written

notice to customers of a branch

undergoing a de minimis change in

address.

F. Expiration of Approval

One commenter requested that the

FDIC extend the expiration date for an

approved filing under 12 CFR 303.45(c)

from 18 months to 36 months. The

commenter reasoned that preparations

for a relocation generally take longer

than the 18 months provided by the

current regulation, and a longer

expiration period would enable banks to

seek regulatory approval earlier in the

process. In the final rule, the FDIC

modifies 12 CFR 303.45(c) to extend the

expiration date for an approved filing to

24 months. The final rule adopts this

24-month expiration period, as it is the

FDIC’s expectation that 24 months

would provide a reasonable timeframe

for banks to consummate a branch

establishment or relocation.

G. Moving an Insured Branch of a

Foreign Bank

The NPR proposed making changes to

subpart J to correspond to those

proposed for subpart C. The FDIC did

not receive comments on its proposed

revisions to subpart J. The final rule

adopts the previously proposed changes

to subpart J to correspond with the

changes to subpart C discussed in this

SUPPLEMENTARY INFORMATION.

IV. Expected Effects

As previously discussed, the objective

of the final rule is to improve the speed

and certainty of, and reduce the

regulatory burden associated with, the

filing process for insured State

nonmember banks seeking to establish a

branch or relocate a main office or

branch and for foreign banks seeking to

relocate an insured branch (collectively,

FDIC-supervised banks)

N.

IV. Expected Effects

As previously discussed, the objective

of the final rule is to improve the speed

and certainty of, and reduce the

regulatory burden associated with, the

filing process for insured State

nonmember banks seeking to establish a

branch or relocate a main office or

branch and for foreign banks seeking to

relocate an insured branch (collectively,

FDIC-supervised banks).

This analysis utilizes all regulations

and guidance applicable to FDIC-

supervised banks, as well as information

on their financial condition as of the

quarter ending June 30, 2025, as the

baseline to which the effects of the final

rule are estimated.

The final rule applies to FDIC-

supervised banks seeking to establish a

branch, relocate a main office or branch,

or relocate an insured branch of a

foreign bank. As of the quarter ending

June 30, 2025, the FDIC supervises

2,776 State nonmember banks or

insured branches of foreign banks which

collectively operate 25,250 branches

and main offices.28 In the period from

January 1, 2015 to September 30, 2025,

the FDIC received 7,043 branch

applications: 5,366 applications to

establish a branch, 489 to relocate a

main office, 1,183 to relocate a branch,

and 5 applications relating to an insured

branch of a foreign bank, for an average

of 655 applications received per year.29

Based on this historical average, the

FDIC estimates that the final rule will

affect approximately 700 branch filings

per year on average.30

The final rule reduces the regulatory

requirements for branch filings.

Specifically, it only requires FDIC-

supervised banks that seek to make a de

minimis change in the address of a

branch to notify the FDIC and customers

of the branch undergoing such a

change,31 rather than submit a filing.

For all other branch filings, the final

rule reduces filing content requirements

from six to four items

al rule reduces the regulatory

requirements for branch filings.

Specifically, it only requires FDIC-

supervised banks that seek to make a de

minimis change in the address of a

branch to notify the FDIC and customers

of the branch undergoing such a

change,31 rather than submit a filing.

For all other branch filings, the final

rule reduces filing content requirements

from six to four items. The final rule

also greatly reduces public notice

requirements for filings and extends the

expiration date for an approved filing

from 18 months to 24 months.

For FDIC-supervised banks that seek a

de minimis change in address, the FDIC

estimates that the final rule will

eliminate the entire estimated five-hour

burden of preparing and submitting a

branch filing.32 At a conservative

estimate of $200 per hour per

application,33 the resulting savings will

be $1,000 per de minimis change in

address. For the purpose of estimating

the number of de minimis changes in

address per year, the FDIC assumes that

the distances of such relocations will be

less than 0.1 miles.34 Of the 7,043

branch applications used in this

analysis, 325 involved a relocation

distance of less than 0.1 miles. As such,

the FDIC estimates that approximately

30 branch applications per year will

involve a de minimis change in address,

resulting in an estimated aggregate

benefit of $30,000 annually.35

For the remaining 670 branch

applications that do not involve de

minimis changes in address, the final

rule will reduce the regulatory

requirements for preparing and

submitting branch filings. Specifically,

it reduces filing content requirements

from six to four items. The final rule

also eliminates public notice

requirements for these filings

ed aggregate

benefit of $30,000 annually.35

For the remaining 670 branch

applications that do not involve de

minimis changes in address, the final

rule will reduce the regulatory

requirements for preparing and

submitting branch filings. Specifically,

it reduces filing content requirements

from six to four items. The final rule

also eliminates public notice

requirements for these filings. The FDIC

estimates these changes will benefit

filers by reducing the time spent

preparing and submitting branch filings

by approximately two hours, on

average.36 At a conservative hourly

burden estimate of $200 per hour,37 the

final rule will result in aggregate cost

savings of approximately $268,000 per

year.38

Summing up the quantified effects for

the approximately 700 affected branch

applications, the FDIC estimates that the

final rule will result in approximately

$298,000 in savings per year from the

reduction of labor costs associated with

preparing and submitting branch filings.

As previously discussed, the final rule

will generally reduce the time it takes

for the FDIC to process a filing. In

particular, the final rule will establish a

deadline of three days for approval after

receipt of a letter filing that includes the

information set forth in 12 CFR 303.42;

a reduction of between 18 days and 28

days, respectively.39 Further, the final

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r, the final rule will establish a

deadline of three days for approval after

receipt of a letter filing that includes the

information set forth in 12 CFR 303.42;

a reduction of between 18 days and 28

days, respectively.39 Further, the final

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Federal Register / Vol. 90, No. 245 / Monday, December 29, 2025 / Rules and Regulations

12 CFR 303.44, which at most could be 23 days

(consisting of 8 days to meet the newspaper

publication requirement plus a 15-day comment

period), and 5 + 23 = 28. The final rule’s deadline

of three days (down from 21) for intrastate branch

filings represents a decrease of 18 days from

baseline, and the elimination of the public notice

requirements and associated five-day processing

period represents a decrease of 28 days from

baseline.

40 Based on branch applications received from

2015 to September 30, 2025.

41 See final 12 CFR 303.44.

42 See sections II and III of this SUPPLEMENTARY

INFORMATION for the FDIC’s responses to comments.

43 5 U.S.C. 553(d).

44 44 U.S.C. 3501.

45 44 U.S.C. 3507(d).

46 5 CFR 1320.

rule will expand expedited processing

for intrastate branch filings and main

office relocations to a bank that received

an FDIC-assigned composite rating of 3

or better under the UFIRS as a result of

its most recent Federal or State

examination. The final rule also extends

the expiration date of an approved filing

from 18 months to 24 months. Finally,

the final rule will eliminate the FDIC’s

discretion to remove a filing from

expedited processing. As noted above, a

filing to establish a branch, or to

relocate a branch or main office, subject

to expedited processing takes an average

of 25 days to process.40

The final rule’s reduction in

processing times for certain branch

filings will have benefits for eligible

depository institutions

the final rule will eliminate the FDIC’s

discretion to remove a filing from

expedited processing. As noted above, a

filing to establish a branch, or to

relocate a branch or main office, subject

to expedited processing takes an average

of 25 days to process.40

The final rule’s reduction in

processing times for certain branch

filings will have benefits for eligible

depository institutions. Faster

processing times will reduce

uncertainty and costs associated with

downtime while waiting for a decision

from the FDIC. FDIC-supervised banks

will be able to more swiftly respond to

changes in local conditions that affect

their branch network, such as a change

in landlord for a bank’s current location

or a time-sensitive opportunity to

relocate to a more desirable location.

The FDIC does not have the information

necessary to further quantify the

benefits associated with the reduction in

the time it takes for the FDIC to process

filings, but believes that processing time

reductions will improve productivity

and competitiveness for applicants.

As previously discussed, the final rule

clarifies certain definitions. Specifically,

the final rule clarifies that the term

‘‘branch’’ does not include RSUs or drop

boxes. In practice, the FDIC has not

considered such locations branches.

Finally, the final rule clarifies the

definition of ‘‘de novo interstate

branch.’’ The FDIC does not have the

information necessary to quantify the

benefits to prospective filers associated

with these aspects of the final rule.

However, the FDIC believes that these

clarifications will benefit filers and the

industry by reducing uncertainty.

As previously discussed, the FDIC

does not believe that the final rule will

pose any material direct costs to filers.

The FDIC acknowledges that there may

be ancillary costs to the public

ify the

benefits to prospective filers associated

with these aspects of the final rule.

However, the FDIC believes that these

clarifications will benefit filers and the

industry by reducing uncertainty.

As previously discussed, the FDIC

does not believe that the final rule will

pose any material direct costs to filers.

The FDIC acknowledges that there may

be ancillary costs to the public. For

example, the elimination of the public

notice and comment requirements for

branch establishments and branch and

main office relocations may have

impacts that are difficult to quantify.41

The final rule eliminates any potential

customer confusion by requiring

confirmation of advance written notice

to customers of a relocating branch or

office as part of the filing information

requirements. The FDIC does not have

the data necessary to quantify the effect

of the elimination of the public notice

and comment requirements. However,

given the limited historical number of

public comments received in response

to subpart C applications, and the

advance notice provision, the FDIC does

not believe this effect to be material.

Moreover, the final rule does not affect

the responsibility of FDIC-supervised

banks to help meet the credit needs of

the communities in which they are

headquartered or operate branches.

Therefore, the FDIC believes that the

final rule will pose no substantiative

indirect costs to customers.

Finally, the FDIC believes that the

final rule can provide indirect benefits

to customers. To the extent that the

shorter processing periods, reduced

filing content requirements, and

clarifications within the final rule

reduce the time it takes banks to

establish new branches and begin

providing banking products and

services at applicable locations,

customers may benefit. The FDIC does

not have the necessary information to

quantify such benefits.

V

ect benefits

to customers. To the extent that the

shorter processing periods, reduced

filing content requirements, and

clarifications within the final rule

reduce the time it takes banks to

establish new branches and begin

providing banking products and

services at applicable locations,

customers may benefit. The FDIC does

not have the necessary information to

quantify such benefits.

V. Other Alternatives Considered

The FDIC considered implementing

internal process changes related to the

review of subpart C filings that would

result in abbreviated review periods

without implementing a regulatory

change. However, the FDIC determined

that improving the speed, certainty, and

regulatory burden associated with the

processes for subpart C filings would be

better achieved through a formal notice

and comment rulemaking that

considered feedback from all

stakeholders.42 As discussed above, the

FDIC also expects to implement changes

to its internal processes and related

publicly available materials addressing

subpart C filings consistent with the

amendments set forth in this final rule

to further support these objectives.

VI. Regulatory Analysis

A. Administrative Procedure Act

The Administrative Procedure Act

requires an agency to publish a

substantive rule not less than 30 days

before its effective date, except when an

agency otherwise publishes in the final

rule good cause for providing for an

earlier effective date.43 Accordingly, the

final rule is effective as of the date set

forth above in this document under the

DATES heading.

B. The Paperwork Reduction Act

Certain provisions of the final rule

contain ‘‘collections of information’’

within the meaning of the Paperwork

Reduction Act (PRA) of 1995.44 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 Budget and Management

(OMB) control number

tain provisions of the final rule

contain ‘‘collections of information’’

within the meaning of the Paperwork

Reduction Act (PRA) of 1995.44 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 Budget and Management

(OMB) control number. The information

collections contained in the final rule

have been submitted to OMB for review

and approval by the FDIC under section

3507(d) of the PRA 45 and 5 CFR 1320.11

of OMB’s implementing regulations.46

The FDIC proposes to extend for three

years, with revision, the following

information collections:

Title of Information Collection:

Application for a Bank to Establish a

Branch or Move its Main Office or

Branch.

OMB Control Number: 3064–0070.

Respondents: Insured State

nonmember banks.

Current Actions: The final rule revises

the currently-approved information

collection as follows:

Section 303.42, Application for a

bank to establish a branch or move its

main office or Branch. Pursuant to

sections 13(f), 13(k), 18(d) and 44 of the

FDI Act, insured State nonmember

banks must obtain FDIC approval before

establishing a branch, relocating a

branch or main office, or retaining

existing branches after the interstate

relocation of the main office. This

information collection represents the

occasional reporting requirement

associated with those banks’

applications for FDIC approval. The

final rule will reduce reporting burden

by eliminating the requirement that the

applicant provide information regarding

insider involvement in the proposed

branch office, comments on changes in

services offered or the effect the

proposal may have on the applicant’s

compliance with the CRA, and a copy

of and information related to the

required newspaper publication

for FDIC approval. The

final rule will reduce reporting burden

by eliminating the requirement that the

applicant provide information regarding

insider involvement in the proposed

branch office, comments on changes in

services offered or the effect the

proposal may have on the applicant’s

compliance with the CRA, and a copy

of and information related to the

required newspaper publication. As

such, the FDIC estimates average time

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47 FDIC Application for a bank to establish a

branch or move its main office or branch, OMB No.

3064–0070, available at https://www.reginfo.gov/

public/do/PRAViewICR?ref_nbr=202301-3064-006.

48 5 U.S.C. 601 et seq.

49 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 Dec.

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.

50 FDIC Call Report data, June 30, 2025.

51 FDIC Call Report and Structure Data, June 30,

2025

ic 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.

50 FDIC Call Report data, June 30, 2025.

51 FDIC Call Report and Structure Data, June 30,

2025.

52 To estimate whether a bank was ‘‘small’’ for

purposes of the RFA during the quarter ending

September 30, 2025, the FDIC relied on banks’

status as of June 30, 2025, because bank holding

company regulatory reports for the quarter ending

September 30, 2025, were not available at the time

this analysis was conducted.

53 FDIC supervisory and Call Report data. For the

purpose of these application counts, an FDIC-

supervised bank is considered ‘‘small’’ for purposes

of the RFA if it is identified in the FDIC’s data as

‘‘small’’ as of the quarter-end in which it sent a

relevant application to the FDIC, with the exception

for the quarter ending September 30, 2025,

described in the previous footnote. Note that no

insured branches of foreign banks are considered

‘‘small’’ for purposes of the RFA. 2,821

applications/10.75 years = 262 applications per year

(when rounded to the nearest integer).

54 Although the final rule will result in a decrease

in the burden imposed by a branch application, the

FDIC does not believe the final rule will likely

result in a material increase in the number of

branch filings. To the extent that the final rule

results in a greater number of branch filings from

small banks, the historical average of 262 branch

applications per year may be an undercount of the

number of applications affected by the final rule.

The FDIC believes that using 300 as the number of

branch applications from small banks per year is a

conservative estimate for purposes of the RFA.

per response will be reduced from 5

hours to 3 hours

a greater number of branch filings from

small banks, the historical average of 262 branch

applications per year may be an undercount of the

number of applications affected by the final rule.

The FDIC believes that using 300 as the number of

branch applications from small banks per year is a

conservative estimate for purposes of the RFA.

per response will be reduced from 5

hours to 3 hours. However, to account

for additional applications that may

result from changes in the final rule as

well as historical data since the most

recent PRA renewal, the FDIC also

estimates an increase in respondents

from 436 to 700. Thus, the total

estimated annual burden for OMB No.

3064–0070 is 2,100 hours, a decrease of

80 hours from the most recent PRA

renewal.47

Title of Information Collection:

Foreign Banks.

OMB Control Number: 3064–0114.

Respondents: Insured branches of

foreign banks.

Current Actions: The final rule revises

the currently-approved information

collection as follows:

The FDIC is removing the information

collection ‘‘Section 303.184, Moving a

Branch’’ from the ICR under the OMB

Control No. 3064–0114 and including it

in the ICR under OMB Control No.

3064–0070. Under 12 CFR 303.183,

insured branches of foreign banks

seeking approval from the FDIC to move

locations complete a substantially

similar application as domestic banks

seeking FDIC approval to move

locations. To ensure consistent burden

estimates between similar respondents

completing similar applications, the

FDIC will include burden estimates

from the information collection

‘‘Section 303.184, Moving a Branch’’ in

the information collection ‘‘Application

for a bank to establish a branch or move

its main office or Branch.’’ Combining

these two information collections does

not affect the FDIC estimates of

respondents for the information

collection under OMB Control No.

3064–0070 because historically the

FDIC rarely receives applications to

move insured branches from foreign

banks

ving a Branch’’ in

the information collection ‘‘Application

for a bank to establish a branch or move

its main office or Branch.’’ Combining

these two information collections does

not affect the FDIC estimates of

respondents for the information

collection under OMB Control No.

3064–0070 because historically the

FDIC rarely receives applications to

move insured branches from foreign

banks. In the most recent PRA renewal

for OMB Control No. 3064–0114, the

FDIC used a placeholder of a single

respondent to maintain the information

collection.

C. Congressional Review Act

Pursuant to the Congressional Review

Act, the OMB makes a determination

regarding whether a final rule

constitutes a ‘‘major rule,’’ defined in

the Congressional Review Act as any

rule that the Administrator of the Office

of Information and Regulatory Affairs of

the OMB finds has resulted in or is

likely to result in (A) an annual effect

on the economy of $100,000,000 or

more; (B) a major increase in costs or

prices for consumers, individual

industries, Federal, State, or local

government agencies or geographic

regions; or (C) significant adverse effects

on competition, employment,

investment, productivity, innovation, or

on the ability of United States-based

enterprises to compete with foreign-

based enterprises in domestic and

export markets. If OMB determines a

rule is ‘‘major,’’ the Congressional

Review Act generally provides that the

rule may not take effect until at least 60

days following its publication. If a rule

is not a ‘‘major rule,’’ it may take effect

after the Federal agency submits to

Congress a report required under the

Congressional Review Act.

OMB has determined the final rule is

not a major rule under the

Congressional Review Act. Accordingly,

the FDIC will submit the report to

Congress required by the Congressional

Review Act and the final rule will

become effective as set forth under the

DATES heading of this document.

D

ect

after the Federal agency submits to

Congress a report required under the

Congressional Review Act.

OMB has determined the final rule is

not a major rule under the

Congressional Review Act. Accordingly,

the FDIC will submit the report to

Congress required by the Congressional

Review Act and the final rule will

become effective as set forth under the

DATES heading of this document.

D. The Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency, in

connection with a final rule, to prepare

and make available for public comment

a final regulatory flexibility analysis that

describes the impact of the final rule on

small entities.48 However, a final

regulatory flexibility analysis is not

required if the agency certifies that the

final rule will not 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.49

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 banks.

The final rule applies to certain FDIC-

supervised banks seeking to establish a

branch, relocate a main office or branch,

or relocate an insured branch of a

foreign bank

alaries 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 banks.

The final rule applies to certain FDIC-

supervised banks seeking to establish a

branch, relocate a main office or branch,

or relocate an insured branch of a

foreign bank. As of the quarter ending

June 30, 2025, the FDIC supervised

2,776 banks, of which 2,055 were

considered ‘‘small’’ for the purposes of

RFA.50 These 2,055 small banks

collectively operated 8,204 branches

and main offices.51 In the period from

January 1, 2015 to September 30,

2025,52 small banks submitted 2,145

applications to establish a branch, 368

applications to relocate a branch, and

308 applications to relocate a main

office, for a total of 2,821 applications

and an average of 262 applications per

year.53 Based on this historical average,

the FDIC estimates the final rule will

affect approximately 300 branch

applications from small banks per year

on average.54

In general, the final rule will reduce

the regulatory requirements for

establishing or relocating a branch.

Specifically, it will eliminate filing

requirements for de minimis changes in

address and reduce filing content

requirements from six to four items for

all other filings. The final rule will also

eliminate or greatly reduce public notice

requirements for all branch

establishments and relocations, and

extend the expiration date of an

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e filing content

requirements from six to four items for

all other filings. The final rule will also

eliminate or greatly reduce public notice

requirements for all branch

establishments and relocations, and

extend the expiration date of an

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55 A bank completing a de minimis change in

address will still be required to provide reasonable

advance notice to customers of the branch per final

12 CFR 303.41(b).

56 Based on a conservative hourly burden

estimate of $200 per hour. In recent information

collection requests, the FDIC estimated that the

fully loaded costs of preparing and submitting

branch applications are approximately $147 per

hour for State nonmember banks and $135 per hour

for foreign banks. See https://www.reginfo.gov/

public/do/PRAViewICR?ref_nbr=202301-3064-006

and https://www.reginfo.gov/public/do/

PRAViewICR?ref_nbr=202312/-3064-/001,

respectively.

57 Details of the time to prepare and submit

branch applications are provided in section VI.A.,

Paperwork Reduction Act, of this SUPPLEMENTARY

INFORMATION.

58 As noted above, intrastate branch filings are

deemed approved under expedited processing on

the latest of: the 21st day after receipt by the FDIC

of a substantially complete filing, or the fifth day

after expiration of the comment period described in

12 CFR 303.44, which at most could be 23 days

(consisting of 8 days to meet the newspaper

publication requirement plus a 15-day comment

period), and 5 + 23 = 28. The final rule’s deadline

of three days (down from 21) for intrastate branch

filings represents a decrease of 18 days from

baseline, and the elimination of the public notice

requirements and associated five-day processing

period represents a decrease of 28 days from

baseline

(consisting of 8 days to meet the newspaper

publication requirement plus a 15-day comment

period), and 5 + 23 = 28. The final rule’s deadline

of three days (down from 21) for intrastate branch

filings represents a decrease of 18 days from

baseline, and the elimination of the public notice

requirements and associated five-day processing

period represents a decrease of 28 days from

baseline.

59 Based on applications received from January 1,

2015, to September 30, 2025.

approved filing from 18 months to 24

months.55

As discussed in the Expected Effects

section of this SUPPLEMENTARY

INFORMATION, the FDIC estimates that

there will be upwards of 30 de minimis

changes in address per year. Based on

supervisory and Call Report data, the

FDIC estimates that upwards of 10 de

minimis changes in address will involve

small banks. The final rule will reduce

the burden for these de minimis changes

in address by five hours, or $1,000, per

relocation.56 Based on Call Report data

for the quarter ending June 30, 2025, a

cost savings of $1,000 is in excess of 5

percent of total annual salaries and

benefits or 2.5 percent of total

noninterest expenses for one small

bank.

For the remaining 290 branch

applications from small banks that do

not involve de minimis changes in

address, the FDIC estimates the final

rule will benefit small filers by reducing

the time spent preparing and submitting

branch filings by approximately two

hours, on average, or $400 per

application.57 Based on Call Report data

for the quarter ending June 30, 2025, a

cost savings of $400 is in excess of 5

percent of total annual salaries and

benefits or 2.5 percent of total

noninterest expenses for one small bank

(the same small bank previously

identified).

Based on the quantified effects of the

final rule described above, the FDIC

estimates that the rule will not

significantly affect more than one small

bank

for the quarter ending June 30, 2025, a

cost savings of $400 is in excess of 5

percent of total annual salaries and

benefits or 2.5 percent of total

noninterest expenses for one small bank

(the same small bank previously

identified).

Based on the quantified effects of the

final rule described above, the FDIC

estimates that the rule will not

significantly affect more than one small

bank.

As discussed in the Expected Effects

section of this Supplementary

Information, the final rule will also

reduce the time it takes for the FDIC to

process a filing. In particular, the final

rule will establish a deadline of three

days for approval after receipt of a letter

filing that includes the information set

forth in 12 CFR 303.42; a reduction of

between 18 days and 28 days,

respectively.58 Further, the final rule

will expand expedited processing for

intrastate branch filings and main office

relocations to a bank that received an

FDIC-assigned composite rating of 3 or

better under the UFIRS as a result of its

most recent Federal or State

examination. Finally, the final rule will

eliminate the FDIC’s discretion to

remove a filing from expedited

processing. As mentioned above, a filing

to establish a branch, or to relocate a

branch or main office, subject to

expedited processing takes an average of

25 days to process.59

The final rule’s reduction in

processing times for certain branch

filings will have benefits for eligible

small depository institutions. Faster

processing times will reduce the period

of uncertainty for filers and reduce costs

associated with downtime while waiting

for a decision from the FDIC. Banks will

be able to more swiftly respond to

changes in local conditions, such as a

change in landlord for a bank’s current

location or a time-sensitive opportunity

to relocate to a more desirable location

depository institutions. Faster

processing times will reduce the period

of uncertainty for filers and reduce costs

associated with downtime while waiting

for a decision from the FDIC. Banks will

be able to more swiftly respond to

changes in local conditions, such as a

change in landlord for a bank’s current

location or a time-sensitive opportunity

to relocate to a more desirable location.

The FDIC does not have the information

necessary to further quantify the benefit

associated with the reduction in the

time it takes for the FDIC to process

filings, but believes that processing time

reductions will improve productivity

and competitiveness for filers.

As mentioned above, the final rule

extends the expiration date of an

approved filing from 18 months to 24

months, lengthening the period of time

an affected bank has to complete a

branch relocation or establish a branch.

This aspect of the final rule will benefit

small applicants by providing greater

flexibility for the planning and

execution of the establishment or

relocation of a branch or office. The

FDIC does not have the information

necessary to identify which small, FDIC-

supervised institutions will utilize the

additional time in future periods.

As previously discussed, the final rule

clarifies certain definitions. Specifically,

the final rule clarifies that ‘‘branch’’

does not include RSUs, drop boxes, or

financial education programs that

include the provision of bank products

and services. In practice the FDIC has

not considered such locations branches.

Finally, the final rule clarifies the

definition of ‘‘de novo interstate

branch’’ for the purposes of the filings

requirements for establishing a branch,

relocating a main office or branch, or

relocating an insured branch of a foreign

bank. The FDIC does not have the

information necessary to quantify the

benefits to prospective filers associated

with these aspects of the final rule

ches.

Finally, the final rule clarifies the

definition of ‘‘de novo interstate

branch’’ for the purposes of the filings

requirements for establishing a branch,

relocating a main office or branch, or

relocating an insured branch of a foreign

bank. The FDIC does not have the

information necessary to quantify the

benefits to prospective filers associated

with these aspects of the final rule.

However, the FDIC believes that these

clarifications will benefit filers and the

industry by reducing uncertainty.

The unquantified benefits discussed

above are in addition to the quantified

benefits. Conservatively, if each branch

filing affected by the final rule were

submitted by a distinct small bank, then

the final rule would affect 300 small

banks. The FDIC does not believe that

the unquantified benefits would likely

result in a significant effect for the vast

majority of the 300 affected banks.

Finally, the FDIC concludes that the

final rule does not pose any material

direct costs to filers.

In light of the foregoing, the FDIC

certifies that the final rule does not have

a significant economic impact on a

substantial number of small entities.

Accordingly, a final regulatory

flexibility analysis is not required.

E. Plain Language

Section 722 of the Gramm-Leach-

Bliley Act requires Federal banking

agencies to use plain language in all

proposed and final rules published after

January 1, 2000. The FDIC invited

comments regarding the use of plain

language but did not receive any

relevant comments. The FDIC sought to

clearly state the provisions of the rule in

a simple and straightforward manner.

F

E. Plain Language

Section 722 of the Gramm-Leach-

Bliley Act requires Federal banking

agencies to use plain language in all

proposed and final rules published after

January 1, 2000. The FDIC invited

comments regarding the use of plain

language but did not receive any

relevant comments. The FDIC sought to

clearly state the provisions of the rule in

a simple and straightforward manner.

F. Riegle Community Development and

Regulatory Improvement Act of 1994

Section 302 of the Riegle Community

Development and Regulatory

Improvement Act of 1994 (RCDRIA)

requires that the Federal banking

agencies, including the FDIC, in

determining the effective date and

administrative compliance requirements

of new regulations that impose

additional reporting, disclosure, or other

requirements on insured depository

institutions (IDIs), consider, consistent

with principles of safety and soundness

and the public interest, any

administrative burdens that such

regulations would place on depository

institutions, including small depository

institutions, and customers of

depository institutions, as well as the

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benefit of such regulations. New

regulations and amendments to

regulations prescribed by a Federal

banking agency that impose additional

reporting, disclosure, or other new

requirements on IDI shall take effect on

the first day of a calendar quarter that

begins on or after the date on which the

regulations are published in final form,

with certain exceptions, including for

good cause.

The final rule does not impose

additional reporting, disclosure, or other

new requirements on IDIs. As such, the

provisions of RCDRIA do not apply to

the FDIC’s determination of the final

rule’s effective date.

G

n

the first day of a calendar quarter that

begins on or after the date on which the

regulations are published in final form,

with certain exceptions, including for

good cause.

The final rule does not impose

additional reporting, disclosure, or other

new requirements on IDIs. As such, the

provisions of RCDRIA do not apply to

the FDIC’s determination of the final

rule’s effective date.

G. Executive Orders 12866 and 13563

Under Executive Order 12866, as

affirmed and supplemented by

Executive Order 13563, ‘‘significant

regulatory actions’’ are subject to review

by OMB. The FDIC has submitted this

regulatory action to OMB for review.

OMB has determined the rule is not a

significant regulatory action as defined

by section 3(f) of Executive Order

12866. For more information on the

analysis conducted in connection with

Executive Order 12866, refer to other

sections of this SUPPLEMENTARY

INFORMATION.

H. Executive Order 14192

Executive Order 14192 directs

agencies, unless prohibited by law, to

identify at least 10 existing regulations

to be repealed when the agency publicly

proposes for notice and comment or

otherwise promulgates a new regulation

with total costs greater than zero.

Executive Order 14192 further requires

that new incremental costs associated

with new regulations shall, to the extent

permitted by law, be offset by the

elimination of existing costs associated

with at least 10 prior regulations. An

Executive Order 14192 deregulatory

action is an action that has been

finalized and has total costs less than

zero. This final rule is considered an

Executive Order 14192 deregulatory

action.

List of Subjects

12 CFR Part 303

Administrative practice and

procedure, Bank deposit insurance,

Banks, banking, Reporting and

recordkeeping requirements, Savings

associations.

12 CFR Part 345

Banks, banking, Community

development, Credit, Investments,

Reporting and recordkeeping

requirements

less than

zero. This final rule is considered an

Executive Order 14192 deregulatory

action.

List of Subjects

12 CFR Part 303

Administrative practice and

procedure, Bank deposit insurance,

Banks, banking, Reporting and

recordkeeping requirements, Savings

associations.

12 CFR Part 345

Banks, banking, Community

development, Credit, Investments,

Reporting and recordkeeping

requirements.

Authority and Issuance

For the reasons stated in the

preamble, the Board of Directors of the

Federal Deposit Insurance Corporation

amends 12 CFR parts 303 and 345 as

follows:

PART 303—FILING PROCEDURES

■1. The authority citation for part 303

continues to read as follows:

Authority: 12 U.S.C. 378, 1464, 1813, 1815,

1817, 1818, 1819(a) (Seventh and Tenth),

1820, 1823, 1828, 1829, 1831a, 1831e, 1831o,

1831p–1, 1831w, 1835a, 1843(l), 3104, 3105,

3108, 3207, 5414, 5415, and 15 U.S.C. 1601–

1607.

■2. Amend § 303.7 by revising

paragraphs (a) and (c)(1)(i) to read as

follows:

§ 303.7

Public notice requirements.

(a) General. The public must be

provided with prior notice of a filing to

engage in a merger transaction, initiate

a change of control transaction, or

request deposit insurance. The public

has the right to comment on, or to

protest, these types of proposed

transactions during the relevant

comment period. In order to fully

apprise the public of this right, an

applicant shall publish a public notice

of its filing in a newspaper of general

circulation. For specific publication

requirements, consult subparts B

(Deposit Insurance), D (Merger

Transactions), and E (Change in Bank

Control) of this part.

*

*

*

*

*

(c) * * *

(1) * * *

oposed

transactions during the relevant

comment period. In order to fully

apprise the public of this right, an

applicant shall publish a public notice

of its filing in a newspaper of general

circulation. For specific publication

requirements, consult subparts B

(Deposit Insurance), D (Merger

Transactions), and E (Change in Bank

Control) of this part.

*

*

*

*

*

(c) * * *

(1) * * *

(i) In the case of an application for

deposit insurance for a de novo

depository institution, include the

names of all organizers or incorporators.

In the case of a merger application,

include the names of all parties to the

transaction. In the case of a notice of

acquisition of control, include the

name(s) of the acquiring parties.

*

*

*

*

*

§ 303.10

[Amended]

■3. Amend § 303.10 by removing

paragraphs (a)(2) and (3) and

redesignating paragraphs (a)(4) through

(6) as paragraphs (a)(2) through (4),

respectively.

§ 303.40

[Amended]

■4. Amend § 303.40 by:

■a. In paragraph (a), removing the word

‘‘application’’ and adding, in its place,

the word ‘‘filing’’; and

■b. In paragraph (c), removing the word

‘‘Applications’’ and adding, in its place,

the word ‘‘Filings’’.

■5. Amend § 303.41 by revising

paragraph (a) introductory text, revising

and republishing paragraph (b), revising

paragraph (c) introductory text, and

adding paragraphs (f) and (g) to read as

follows:

§ 303.41

Definitions.

*

*

*

*

*

(a) Branch, except as provided in this

paragraph (a), includes any branch

bank, branch office, additional office, or

any branch place of business located in

any State of the United States or in any

territory of the United States, Puerto

Rico, Guam, American Samoa, the Trust

Territory of the Pacific Islands, the

Virgin Islands, and the Northern

Mariana Islands at which deposits are

received or checks paid or money lent.

A branch does not include a remote

service unit or a facility described in

§ 303.45. The term branch also includes

the following:

*

*

*

*

*

ed States or in any

territory of the United States, Puerto

Rico, Guam, American Samoa, the Trust

Territory of the Pacific Islands, the

Virgin Islands, and the Northern

Mariana Islands at which deposits are

received or checks paid or money lent.

A branch does not include a remote

service unit or a facility described in

§ 303.45. The term branch also includes

the following:

*

*

*

*

*

(b) Branch relocation means a move

within the same immediate

neighborhood of the existing branch that

does not substantially affect the nature

of the business of the branch or the

customers of the branch. Moving a

branch to a location outside its

immediate neighborhood is considered

the closing of an existing branch and the

establishment of a new branch. Closing

of a branch is covered in the FDIC

Statement of Policy Concerning Branch

Closing Notices and Policies. 1 FDIC

Law, Regulations, Related Acts 5391;

see § 309.4(a) and (b) of this chapter for

availability.

(1) Rule of construction. For the

purposes of this subpart, a de minimis

change in address is neither a branch

establishment nor a branch relocation.

(i) A de minimis change in address

occurs when a branch exchanges one

physical facility for another within the

same approximate location, such as

where:

(A) A direct line of sight exists

between the two facilities;

(B) The facilities share the same

parking area; or

(C) The facilities are located on

contiguous properties or on the same

block.

(ii) Notice required. Notwithstanding

the inapplicability of §§ 303.42 through

303.44, an insured State nonmember

bank is required to provide reasonable

advance written notice to customers of

the branch undergoing a de minimis

address change and advance notice to

the appropriate FDIC office.

(2) [Reserved]

r

(C) The facilities are located on

contiguous properties or on the same

block.

(ii) Notice required. Notwithstanding

the inapplicability of §§ 303.42 through

303.44, an insured State nonmember

bank is required to provide reasonable

advance written notice to customers of

the branch undergoing a de minimis

address change and advance notice to

the appropriate FDIC office.

(2) [Reserved]

(c) De novo interstate branch means a

branch of a bank that is established by

the bank as a branch in a State other

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than the bank’s home State or one in

which the bank does not maintain a

branch, and does not become a branch

of such bank as a result of:

*

*

*

*

*

(f) Intrastate main office relocation

means the relocation of a main office of

a bank within the same State such that

there is no change in the bank’s home

State.

(g) Remote service unit (RSU) is an

automated or unstaffed facility, operated

by a customer of a bank with at most

delimited assistance from bank

personnel, that conducts banking

functions such as receiving deposits,

paying withdrawals, or lending money.

An RSU includes an automated teller

machine, automated loan machine,

automated device for receiving deposits,

personal computer, telephone, other

similar electronic devices, and drop

boxes. An RSU may be equipped with

a telephone or tele-video device that

allows contact with bank personnel.

■6. Amend § 303.42 by revising

paragraph (a), revising and republishing

paragraph (b), and revising paragraph (c)

to read as follows:

§ 303.42

Filing procedures.

(a) General. Filings shall be submitted

to the appropriate FDIC office.

e, other

similar electronic devices, and drop

boxes. An RSU may be equipped with

a telephone or tele-video device that

allows contact with bank personnel.

■6. Amend § 303.42 by revising

paragraph (a), revising and republishing

paragraph (b), and revising paragraph (c)

to read as follows:

§ 303.42

Filing procedures.

(a) General. Filings shall be submitted

to the appropriate FDIC office.

(b) Content of filing. A complete letter

filing shall include the following

information:

(1) A statement of intent to establish

a branch, or to relocate the main office

or a branch;

(2) The exact location of the proposed

site including the street address. With

regard to messenger services, specify the

geographic area in which the services

will be available. With regard to a

mobile branch, specify the community

or communities in which the vehicle

will operate and the manner in which

it will be used;

(3) When a filing is submitted to

relocate the main office of the bank from

one State to another, a statement of the

bank’s intent regarding retention of

branches in the State where the main

office exists prior to relocation; and

(4) With respect to a branch relocation

or a main office relocation, confirmation

that advance written notice was

provided to customers of the branch or

main office being relocated.

(c) Undercapitalized institutions.

Filings to establish a branch by banks

subject to section 38 of the FDI Act (12

U.S.C. 1831o) also should provide the

information required by § 303.204.

Filings pursuant to sections 38 and

18(d) of the FDI Act (12 U.S.C. 1831o

and 1828(d)) may be filed concurrently

or as a single filing.

*

*

*

*

*

■7. Revise § 303.43 to read as follows:

§ 303.43

Processing.

apitalized institutions.

Filings to establish a branch by banks

subject to section 38 of the FDI Act (12

U.S.C. 1831o) also should provide the

information required by § 303.204.

Filings pursuant to sections 38 and

18(d) of the FDI Act (12 U.S.C. 1831o

and 1828(d)) may be filed concurrently

or as a single filing.

*

*

*

*

*

■7. Revise § 303.43 to read as follows:

§ 303.43

Processing.

(a) Expedited processing for branch

establishments. Filings to establish a

branch by an eligible depository

institution as defined in § 303.2(r) will

be acknowledged in writing by the FDIC

and will receive expedited processing if

the depository institution is not

currently subject to sanctions under

§ 369.5 of this chapter. A filing

processed under expedited processing

will be deemed approved on the later of

the following:

(1) The third business day after

receipt by the FDIC of a letter filing that

includes the information set forth in

§ 303.42; or

(2) In the case of a filing to establish

and operate a de novo interstate branch,

the 5th day after the FDIC receives

confirmation from the host State that the

bank has both complied with the filing

requirements of the host State and

submitted a copy of its filing with the

FDIC to the host State bank supervisor.

(b) Expedited processing for branch

relocations and main office relocations.

Filings for intrastate branch relocations

or intrastate main office relocations will

be acknowledged in writing by the FDIC

and will receive expedited processing if

the bank received an FDIC-assigned

composite rating of 3 or better under the

Uniform Financial Institutions Rating

System as a result of its most recent

Federal or State examination. A filing

processed under expedited processing

will be deemed approved on the third

business day after receipt by the FDIC

of a letter filing that includes the

information set forth in § 303.42.

rocessing if

the bank received an FDIC-assigned

composite rating of 3 or better under the

Uniform Financial Institutions Rating

System as a result of its most recent

Federal or State examination. A filing

processed under expedited processing

will be deemed approved on the third

business day after receipt by the FDIC

of a letter filing that includes the

information set forth in § 303.42.

(c) Standard processing. For those

filings that are not processed pursuant

to the expedited procedures, the FDIC

will provide the bank with written

notification of the final action when the

decision is rendered.

§ 303.44

[Removed]

■8. Remove § 303.44.

§ 303.45

as [Redesignated § 303.44]

■9. Redesignate § 303.45 as § 303.44.

■10. Revise newly redesignated

§ 303.44 to read as follows:

§ 303.44

Special provisions.

(a) Emergency or disaster events. (1)

In the case of an emergency or disaster

at a main office or a branch that requires

that an office be immediately relocated

to a temporary location, banks shall

notify the appropriate FDIC office

within 3 days of such temporary

relocation.

(2) Within 10 days of the temporary

relocation resulting from an emergency

or disaster, the bank shall submit a

filing to the appropriate FDIC office,

that identifies the nature of the

emergency or disaster, specifies the

location of the temporary branch, and

provides an estimate of the duration the

bank plans to operate the temporary

branch.

(3) As part of the review process, the

FDIC will determine on a case by case

basis whether additional information is

necessary.

(b) Redesignation of main office and

existing branch. In cases where a bank

desires to redesignate its main office as

a branch and redesignate an existing

branch as the main office, a single filing

shall be submitted.

ank plans to operate the temporary

branch.

(3) As part of the review process, the

FDIC will determine on a case by case

basis whether additional information is

necessary.

(b) Redesignation of main office and

existing branch. In cases where a bank

desires to redesignate its main office as

a branch and redesignate an existing

branch as the main office, a single filing

shall be submitted.

(c) Expiration of approval. Approval

of a filing expires if within 24 months

after the approval date a branch has not

commenced business or a relocation has

not been completed.

§ 303.46

[Redesignated as § 303.45]

■11. Redesignate § 303.46 as § 303.45.

■12. Amend newly redesignated

§ 303.45 by revising the introductory

text to read as follows:

§ 303.45

Financial education programs

that include the provision of bank products

and services.

No filing or prior approval is required

in order for a State nonmember bank to

participate in one or more financial

education programs that involve

receiving deposits, paying withdrawals,

or lending money if:

*

*

*

*

*

■13. Revise and republish § 303.184 to

read as follows:

§ 303.184

Moving an insured branch of a

foreign bank.

(a) Filing procedures—(1) Where and

when to file. A filing by an insured

branch of a foreign bank seeking the

FDIC’s consent to move from one

location to another, as required by

section 18(d)(1) of the FDI Act (12

U.S.C. 1828(d)(1)), shall be submitted in

writing to the appropriate FDIC office.

(2) Content of filing. A complete letter

filing shall include the exact location of

the proposed site, including the street

address.

(3) Comptroller’s application. If the

filer is submitting an application with

the Comptroller that contains the

information required by paragraph (a)(2)

of this section, the filer may submit a

copy to the FDIC in lieu of a separate

filing.

(4) Additional information. The FDIC

may request additional information to

complete processing.

of

the proposed site, including the street

address.

(3) Comptroller’s application. If the

filer is submitting an application with

the Comptroller that contains the

information required by paragraph (a)(2)

of this section, the filer may submit a

copy to the FDIC in lieu of a separate

filing.

(4) Additional information. The FDIC

may request additional information to

complete processing.

(b) Processing—(1) Expedited

processing for eligible insured branches.

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A filing submitted by an eligible insured

branch as defined in § 303.181(c) will be

acknowledged in writing by the FDIC

and will receive expedited processing if

the filer is proposing to move within the

same State. A filing processed under

expedited processing will be deemed

approved on the third business day after

the FDIC’s receipt of a letter filing that

includes the information set forth in

§ 303.42.

(2) Standard processing. For those

filings that are not processed pursuant

to the expedited procedures, the FDIC

will provide the filer with written

notification of the final action as soon

as the decision is rendered.

(c) Other approval criteria. The FDIC

may approve a filing under this section

if the criteria in paragraphs (c)(1)

through (6) of this section are satisfied.

(1) The factors set forth in section 6

of the FDI Act (12 U.S.C. 1816) have

been considered and favorably resolved;

(2) The filer is at least adequately

capitalized as defined in subpart H of

part 324 of this chapter;

is rendered.

(c) Other approval criteria. The FDIC

may approve a filing under this section

if the criteria in paragraphs (c)(1)

through (6) of this section are satisfied.

(1) The factors set forth in section 6

of the FDI Act (12 U.S.C. 1816) have

been considered and favorably resolved;

(2) The filer is at least adequately

capitalized as defined in subpart H of

part 324 of this chapter;

(3) Any financial arrangements that

have been made in connection with the

proposed relocation and that involve the

filer’s directors, officers, major

shareholders, or their interests are fair

and reasonable in comparison to similar

arrangements that could have been

made with independent third parties;

(4) Compliance with the CRA and any

applicable related regulations, including

part 345 of this chapter, has been

considered and favorably resolved;

(5) No CRA protest as defined in

§ 303.2(l) has been filed that remains

unresolved or, where such a protest has

been filed and remains unresolved, the

Director or designee concurs that

approval is consistent with the purposes

of the CRA and the filer agrees in

writing to any conditions imposed

regarding the CRA; and

(6) The filer agrees in writing to

comply with any conditions imposed by

the FDIC, other than the standard

conditions defined in § 303.2(dd) that

may be imposed without the filer’s

written consent.

(d) Relocation of insured branch from

one State to another. If the foreign bank

proposes to relocate an insured State

branch to a State that is outside the

State where the branch is presently

located, in addition to meeting the

approval criteria contained in paragraph

FDIC, other than the standard

conditions defined in § 303.2(dd) that

may be imposed without the filer’s

written consent.

(d) Relocation of insured branch from

one State to another. If the foreign bank

proposes to relocate an insured State

branch to a State that is outside the

State where the branch is presently

located, in addition to meeting the

approval criteria contained in paragraph

(c) of this section, the foreign bank

must:

(1) Comply with any applicable State

laws or regulations of the States affected

by the proposed relocation; and

(2) Obtain any required regulatory

approvals from the appropriate State

licensing authority of the State to which

the insured branch proposes to relocate

before relocating the existing branch

operations and surrendering its existing

license to the appropriate State

licensing authority of the State from

which the branch is relocating.

PART 345—COMMUNITY

REINVESTMENT

■14. The authority citation for part 345

continues to read as follows:

Authority: 12 U.S.C. 1814–1817, 1819–

1820, 1828, 1831u, 2901–2908, 3103–3104,

and 3108(a).

■15. In appendix G to part 345, revise

§ 345.29(c) to read as follows:

Appendix G to Part 345—Community

Reinvestment Regulations

§ 345.29

Effect of CRA Performance on

Applications

*

*

*

*

*

(c) Interested parties. The FDIC takes into

account any views expressed by interested

parties that are submitted in accordance with

the FDIC’s procedures set forth in part 303

of this chapter in considering CRA

performance in an application listed in

paragraphs (a)(3) and (4) and (b) of this

section.

*

*

*

*

*

Federal Deposit Insurance Corporation.

By order of the Board of Directors.

Dated at Washington, DC, on December 16,

2025.

Debra A. Decker,

Executive Secretary.

[FR Doc. 2025–23837 Filed 12–23–25; 8:45 am]

BILLING CODE 6714–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No

ed in

paragraphs (a)(3) and (4) and (b) of this

section.

*

*

*

*

*

Federal Deposit Insurance Corporation.

By order of the Board of Directors.

Dated at Washington, DC, on December 16,

2025.

Debra A. Decker,

Executive Secretary.

[FR Doc. 2025–23837 Filed 12–23–25; 8:45 am]

BILLING CODE 6714–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA–2025–5392; Project

Identifier MCAI–2025–01494–R; Amendment

39–23221; AD 2025–25–13]

RIN 2120–AA64

Airworthiness Directives; Leonardo

S.p.A. Helicopters

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule; request for

comments.

SUMMARY: The FAA is adopting a new

airworthiness directive (AD) for all

Leonardo S.p.A. Model A119 and

AW119 MKII helicopters. This AD was

prompted by reports of trapped residue

in the rear pneumatic line due to a non-

optimal cleaning procedure. This AD

requires accomplishing repetitive

engine acceleration checks and,

depending on the results, replacing the

rear pneumatic line and inspecting the

fuel control unit (FCU), and

accomplishing any necessary corrective

actions. This AD also requires replacing

certain parts if the engine acceleration

check exceeds the maximum limit,

which terminates the repetitive

acceleration checks. If the limits do not

exceed the maximum limit, this AD

would allow this replacement as an

optional terminating action.

Additionally, this AD prohibits

installing an affected engine or FCU on

a helicopter unless certain requirements

are met. The FAA is issuing this AD to

address the unsafe condition on these

products.

DATES: This AD is effective January 13,

2026.

The Director of the Federal Register

approved the incorporation by reference

of a certain publication listed in this AD

as of January 13, 2026.

The FAA must receive comments on

this AD by February 12, 2026

r FCU on

a helicopter unless certain requirements

are met. The FAA is issuing this AD to

address the unsafe condition on these

products.

DATES: This AD is effective January 13,

2026.

The Director of the Federal Register

approved the incorporation by reference

of a certain publication listed in this AD

as of January 13, 2026.

The FAA must receive comments on

this AD by February 12, 2026.

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–2025–5392; 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 final rule, 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 AD, contact EASA,

Konrad-Adenauer-Ufer 3, 50668

Cologne, Germany; phone: +49 221 8999

000; email: ADs@easa.europa.eu;

website: easa.europa.eu. You may find

the EASA material on the EASA website

at ad.easa.europa.eu.

• You may view this material at the

FAA, Office of the Regional Counsel,

Southwest Region, 10101 Hillwood

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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