# FDIC FIL-60-2025: Notice of Final Rulemaking on Establishment and Relocation of Branches and Offices

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/FDIC_FIL25060

## Section

- **Citation:** FDIC FIL-60-2025
- **Heading:** Notice of Final Rulemaking on Establishment and Relocation of Branches and Offices
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** FDIC Financial Institution Letters / Notice of Final Rulemaking on Establishment and Relocation of Branches and Offices

## Text

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

[Text truncated at 120,000 characters. The full text is on the page linked above.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FDIC_FIL25060. Check the current official text before relying on it. Not legal advice.