Regulatory Relief Guidance to Help Financial Institutions and Facilitate Recovery in Areas Affected by Hurricane Irene

• Hurricane Irene caused significant property damage in areas along the East Coast of the United States and in Puerto Rico.
• A federal disaster was declared for selected areas affected by the hurricane and flooding. Additional designations may be made after damage assessments are completed in the affected areas. A current list of designated areas is available at www.fema.gov .
• The FDIC is encouraging banks to work constructively with borrowers experiencing difficulties beyond their control because of damage caused by the hurricane.
• Extending repayment terms, restructuring existing loans, or easing terms for new loans, if done in a manner consistent with sound banking practices, can contribute to the health of the community and serve the long-term interests of the lending institution.
• Banks may receive favorable Community Reinvestment Act (CRA) consideration for community development loans, investments, and services in support of disaster recovery.
• The FDIC also will consider regulatory relief from certain filing and publishing requirements.

Suggested Distribution:
FDIC-Supervised Banks (Commercial and Savings) in South Carolina, North Carolina, Virginia, District of Columbia, Delaware, Maryland, Pennsylvania, New Jersey, New York, Connecticut, Rhode Island, Massachusetts, Vermont, New Hampshire, Maine, and Puerto Rico

Suggested Routing:
Chief Executive Officer
Compliance Officer
Chief Lending Officer

Note:
FDIC Financial Institution Letters (FILs) may be accessed from the FDIC's Web site at www.fdic.gov/news/financial-institution-letters/2011/index.html .

To receive FILs electronically, please visit http://www.fdic.gov/about/subscriptions/fil.html .

Paper copies may be obtained through the FDIC's Public Information Center, 3501 Fairfax Drive, E-1002, Arlington, VA 22226 (877-275-3342 or 703-562-2200).

Supervisory Practices Regarding Depository Institutions and Borrowers Affected by Hurricane Irene

The Federal Deposit Insurance Corporation (FDIC) recognizes the serious impact of Hurricane Irene on customers and operations of financial institutions and will provide regulatory assistance to institutions subject to its supervision. These initiatives will provide regulatory relief and facilitate recovery. The FDIC encourages depository institutions in the affected areas to meet the financial services needs of their communities.

A complete list of the designated disaster areas can be found at www.fema.gov .

Lending: Bankers should work constructively with borrowers in communities affected by the hurricane. The FDIC realizes that the effects of natural disasters on local businesses and individuals are often transitory, and prudent efforts to adjust or alter terms on existing loans in affected areas should not be subject to examiner criticism. In supervising institutions affected by the hurricane, the FDIC will consider the unusual circumstances they face. The FDIC recognizes that efforts to work with borrowers in communities under stress can be consistent with safe-and-sound banking practices as well as in the public interest.

Community Reinvestment Act (CRA): Financial institutions may receive CRA consideration for community development loans, investments, or services that revitalize or stabilize federally designated disaster areas in their assessment areas or in the states or regions that include their assessment areas. For additional information, institutions should review the Interagency Questions and Answers Regarding Community Reinvestment at http://www.ffiec.gov/cra/pdf/2010-4903.pdf at Section 12(g)(4)(ii). For help identifying community development activities to revitalize or stabilize a disaster area, financial institutions can contact their regional Community Affairs Officer (see http://www.fdic.gov/consumers/community/offices.html ).

Investments: Bankers should monitor municipal securities and loans affected by the hurricane. The FDIC realizes local government projects may be negatively affected. Appropriate monitoring and prudent efforts to stabilize such investments are encouraged.

Reporting Requirements: FDIC-supervised institutions affected by the hurricane should notify the appropriate FDIC Regional Office if they expect a delay in filing Reports of Income and Condition or other reports. The FDIC will evaluate any causes beyond the control of a reporting institution when considering the length of an acceptable delay.

Publishing Requirements: The FDIC understands that the damage caused by the hurricane may affect compliance with publishing and other requirements for branch closings, relocations, and temporary facilities under various laws and regulations. Banks experiencing disaster-related difficulties in complying with any publishing or other requirements should contact the appropriate FDIC Regional Office.

Consumer Laws: Regarding consumer loans, Regulation Z provides consumers an option to waive or modify the three-day rescission period when a “bona fide personal financial emergency” exists. To exercise this option, the consumer must provide the lender with a statement describing the emergency in accordance with the regulation.

Temporary Banking Facilities: The appropriate FDIC Regional Office will expedite any request to operate temporary banking facilities by an institution whose offices have been damaged or that desires to provide more convenient availability of services to those affected by the hurricane. In most cases, a telephone notice to the FDIC will suffice initially. Necessary written notification can be submitted later.

FDIC Regional Office Contact Information

Atlanta Regional Office

South Carolina: Assistant Regional Director Timothy D. Rich at trich@fdic.gov or (678) 916-2214.

North Carolina and Virginia: Assistant Regional Director Edith A. Fulcher at efulcher@fdic.gov or (678) 916-2184.

New York Regional Office

Maryland, Delaware, and the District of Columbia: Assistant Regional Director Julie Howland at jhowland@fdic.gov or (917)-320-2510.

Pennsylvania: Assistant Regional Director Edwin Lloyd at elloyd@fdic.gov or (917) 320-2535.

New Jersey, Puerto Rico, and U.S. Virgin Islands: Assistant Regional Director Greg Wyka at gwyka@fdic.gov or (917) 320-2550.

New York: Assistant Regional Director John Conneely at jconneely@fdic.gov or (917) 320-2511

Rhode Island: Assistant Regional Director Mary Barry at mbarry@fdic.gov or (781) 794-5524

Connecticut, Massachusetts, New Hampshire, Vermont, and Maine: Assistant Regional Director Gregory Bottone at gbottone@fdic.gov or (781) 794-5514