Summary:

On March 21, 2024, the FDIC, the Board of Governors of the Federal Reserve System (Federal Reserve), and the Office of the Comptroller of the Currency (the Agencies), issued an interim final rule and a final rule (together, supplemental rulemaking) related to the Agencies’ Community Reinvestment Act (CRA) final rule issued on October 24, 2023, and published in the Federal Register on February 1, 2024 (89 FR 6574) (2023 CRA Final Rule).

Statement of Applicability: The contents of, and material referenced in, this FIL apply to all FDIC-supervised financial institutions.

Highlights:

The supplemental rulemaking includes an interim final rule and a technical corrections final rule.

• Interim Final Rule: The interim final rule makes the following change:
  • Revises the applicability date of two provisions in the 2023 CRA Final Rule, the facility-based assessment areas provision and the content and availability of public file provision from April 1, 2024, to January 1, 2026. The revisions will, among other things, make the provisions applicable concurrent with the definition of key terms, as well as reduce uncertainty and ensure consistency of the requirements, applicable as of January 1, 2026.
• Technical Corrections Final Rule: The final rule makes the following technical corrections:
  • A correction to the applicability date of the public notice provision in the 2023 CRA Final Rule from April 1, 2024, to January 1, 2026 to clarify the requirement;
  • A correction to the asset-size thresholds in the FDIC’s and Federal Reserve’s appendix G of the 2023 CRA Final Rule, which contains the CRA regulations in effect on March 31, 2024, to reflect updated asset-size thresholds since issuance of the 2023 CRA Final Rule;
  • Corrections to the Agencies’ agency-specific amendments in the 2023 CRA Final Rule to: (1) add a missing conforming amendment to the strategic plan provision; and (2) correct an otherwise incomplete cross reference of an amendatory instruction for appendix B; and
  • Corrections to the Agencies’ CRA Sunshine regulations to update cross references to the Agencies’ CRA regulations that will be out of date on April 1, 2024, when the 2023 CRA Final Rule becomes effective.
• The interim final rule and technical corrections final rule are effective on April 1, 2024. The Agencies are requesting comments on the interim final rule for a period of 45 days after its publication in the Federal Register.