Excerpts from the Federal Register – InsuranceNewsNet


Agency: “Office of the Comptroller of the Currency, Treasury; Federal Deposit Insurance Corporation; and National Administration of Credit Unions.”

SUMMARY: The Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corporation (FDIC) and National Administration of Credit Unions (NCUA) (the agencies), in consultation with state bank and credit union regulators, are seeking comments on an updated policy statement for prudent commercial real estate lending accommodations and accommodations, which would be relevant for all financial institutions supervised by the agencies. This updated policy statement would build on existing guidance on the need for financial institutions to work prudently and constructively with creditworthy borrowers in times of financial crisis, update existing interagency guidance on loan arrangements commercial real estate and would add a new section on short-term loans. accommodations. The updated statement would also address relevant accounting changes regarding the estimation of loan losses and provide updated examples of how to classify and account for loans modified or affected by loan enhancements or loan restructuring activities.

DATES: Comments must be received no later than October 3, 2022.

ADDRESSES: Interested parties are encouraged to submit written comments to any or all of the agencies listed below. The agencies will share their comments with each other. Comments should be directed to:

OCC: You may submit comments to the OCC through any of the methods described below. Commenters are encouraged to submit their comments through the federal electronic rulemaking portal, if possible. Please use the heading “Interagency Policy Statement on Prudent Commercial Real Estate Lending Plans” to help organize and distribute comments. Federal eRulemaking Portal–“Regulations.gov”: Go to www.regulations.gov. Enter “Docket ID OCC-2022-0017” in the search box and click “Search”. Click “Comment Now” to submit public comments. For help with submitting effective comments, please click on “View Commentator Checklist”. Click the “Help” tab on the Regulations.gov home page for information on using Regulations.gov, including instructions for submitting public comments.

* Mail: Office of the Chief Counsel, Attn: Comment Handling, Office of the Comptroller of the Currency, 400 7th Street SWoffice 3E-218, washington d.c. 20219.

* Personal delivery/mail: 400 7th Street SWoffice 3E-218, washington d.c. 20219.

Instructions: You must include “OCC” as the agency name and “Case ID OCC-2022-0017” in your comment.

In general, the OCC will enter all comments received on file and post the comments on the Regulations.gov website without modification, including any business or personal information provided, such as name and address, email addresses, email or phone numbers. Comments received, including attachments and other supporting documents, form part of the public record and are subject to public disclosure. Do not include any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure.

You can view the comments and other related documents relating to this action using the following method:

Posting comments electronically: Go to www.regulations.gov. Enter “Docket ID OCC-2022-0017” in the search box and click “Search”. Click “Open Folder Folder” on the right side of the screen. Comments and supporting documents can be viewed and filtered by clicking “Show all documents and comments in this folder” and then using the filter tools on the left side of the screen. Click the “Help” tab on the Regulations.gov home page for information on using Regulations.gov. The record may be viewed after the close of the comment period in the same manner as during the comment period.

FDIC: You may submit comments, identified by FDIC RIN 3064-ZA33, by any of the following methods:

* Agency website: https://www.fdic.gov/resources/regulations/federal-register-publications/. Follow the instructions for submitting comments on the Agency’s website.

* Mail: James P.SheesleyDeputy Executive Secretary, Attention: Comments RIN 3064-ZA33, Federal Deposit Insurance Corporation, 550 17th Street NW, washington d.c. 20429.

*Hand Delivery/Mail: Comments can be hand delivered to the guard post located at the back of the 550 17th Street NW building (located at F Street NO) working days between 7:00 a.m. and 5:00 p.m. ET.

* E-mail: [email protected]. Include RIN 3064-ZA33 in the subject line of the message.

* Public Inspection: Comments received, including personal information provided, may be published without modification at https://www.fdic.gov/resources/regulations/federal-register-publications/.

Commentators should only submit information that they wish to be made public. The FDIC may edit, redact, or refrain from posting any part or all of a Comment that it deems inappropriate for posting, such as irrelevant or obscene material. The FDIC may post only one representative example of identical or substantially identical reviews and, in such cases, will generally identify the number of identical or substantially identical reviews represented by the posted example. All comments that have been redacted, as well as those that have not been published, that contain comments on the substance of this notice will be retained in the public comment file and will be considered required by all applicable laws. All comments may be accessible under the Freedom of Information Act.

NCUA: You may submit feedback by any of the following methods (please submit feedback by one method only):

* Federal Regulatory Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

* Mail: address to Melane Conyers-Ausbrookssecretary of the board of directors, National Administration of Credit Unions, 1775 Duke Street, Alexandria, Virginia 22314-3428.

* Hand delivery/courier: Same as mailing address.

Public Inspection: You can view all public comments on the federal eRulemaking portal at http://www.regulations.gov as submitted, except for those that we cannot post for technical reasons. The NCUA will not edit or remove any identifying or contact information from public comments submitted. Due to social distancing measures in place, the usual ability to inspect hard copies of commentaries in the NCUA Law Library is not currently available. Once social distancing measures are relaxed, visitors can schedule an appointment to review hard copies by calling (703) 518-6540 or emailing [email protected].


CCO: Beth Nalyvayko, Credit Risk Specialist, Banking Supervision Policy, (202) 649-6670; Where Kevin Korzeniewski, attorney, Office of the Senior Counsel, (202) 649-5490. If you are deaf, hard of hearing or have a speech impediment, please dial 7-1-1 to access telecommunications relay services.

FDIC: Thomas F. LyonsAssociate Director, Risk Management Policy, [email protected](202) 898-6850; Pierre A. MartinoSenior Examination Specialist, Risk Management Policy, [email protected](813) 973-7046 ext. 8113, Risk Management Oversight Division; Gregory FederAdvice, [email protected], (202) 898-8724; Where Kate BrandsAdvice, [email protected](202) 898-3896, Oversight and Legislation Branch, Legal Division, Federal Deposit Insurance Corporation; 550 17th Street NW, washington d.c. 20429.

NCUA: simon hermanSenior Credit Specialist, Naghi H. Khaleddirector of credit markets, Office of Examinations and Insurance(703) 518-6360; Ian MarennaAssociate General Counsel, Ariel Pereirasenior counsel, General Counsel’s Office, (703) 518-6540; or by mail to National Administration of Credit Unions, 1775 Duke Street, Alexandria, Virginia 22314.


I. Background on October 30, 2009agencies, as well as Board of Governors of the Federal Reserve System (Council), the Federal Financial Institutions Review Board (FFIEC) State Liaison Committee, and the former Office of Thrift Supervision, have adopted the policy statement on prudent commercial property lending plans, which was issued by the FFIEC (2009 statement). /1/ The agencies consider the 2009 Statement to be useful to both agency staff and financial institutions in understanding risk management and accounting practices for commercial real estate loan (CRE) originations.

FOOTNOTE 1 See FFIEC press release, October 30, 2009, available at: https://www.ffiec.gov/press/pr103009.htm; See OCC Bulletin 2009-32 (October 30, 2009); Financial Institution Letter FDIC FIL-61-2009 (October 30, 2009); Federal Reserve Supervisory and Regulatory (SR) Letter 09-7 (October 30, 2009); NCUA Letter to Credit Unions 10-CU-07 (June 2010). END OF FOOTNOTE

The Agencies propose to update and expand the 2009 statement by incorporating recent policy guidance on loan accommodations and accounting developments for estimating loan losses (proposed statement). In developing the proposed statement, the agencies consulted with regulators of state banks and credit unions. If finalized, the proposed statement will replace the 2009 statement for all supervised financial institutions. /2/

FOOTNOTE 2 For the purposes of these guidelines, financial institutions are those that are supervised by the FDIC, NCUA or OCC. END OF FOOTNOTE

II. Outline of proposed statement

–This is a summary of a Federal Register article originally published on the page number listed below–

Proposed policy statement with request for comments.

RIN number: “RIN 3064-ZA33”

Quote: “87 FR 47273”

Document number: “File ID OCC-2022-0017”; “Case Number NCUA-2022-0123”

Federal Register page number: “47273”



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