[Federal Register Volume 90, Number 232 (Friday, December 5, 2025)]
[Proposed Rules]
[Pages 56066-56070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-22015]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 90, No. 232 / Friday, December 5, 2025 / 
Proposed Rules

[[Page 56066]]



FARM CREDIT ADMINISTRATION

12 CFR Part 621

RIN 3052-AD63


Loan Performance Categories and Financial Reporting

AGENCY: Farm Credit Administration.

ACTION: Proposed rule and request for comment.

-----------------------------------------------------------------------

SUMMARY: The Farm Credit Administration (FCA, we, or our) proposes to 
amend our regulatory high-risk loan performance categories by removing 
``Formally restructured loans (TDR),'' also known as troubled debt 
restructurings. In 2022, changes in generally accepted accounting 
principles (GAAP) eliminated the accounting guidance for TDRs, enhanced 
disclosure requirements for certain loan refinancings and 
restructurings undertaken when a borrower is experiencing financial 
difficulty and changed existing vintage year disclosure requirements 
for public business entities. We propose removing TDRs from our 
regulatory loan performance categories to reflect changes in GAAP. 
Further, we seek comments on our determination no regulatory changes 
are needed for the enhanced disclosures related to loan refinancings 
and restructurings or the amended vintage year disclosure requirements, 
as these disclosures are already required under applicable GAAP. 
Additionally, comments are requested on retaining the ``90 days past 
due still accruing interest'' loan performance category.

DATES: Comments on this proposed rule must be submitted on or before 
February 3, 2026.

ADDRESSES: For accuracy and efficiency, please submit comments by email 
or through FCA's website. We do not accept comments submitted by fax 
because faxes are difficult to process. Also, please do not submit 
comments multiple times; submit your comment only once, using one of 
the following methods:
     Send an email to fca.gov">reg-comm@fca.gov.
     Use the public comment form on our website:
    1. Go to https://www.fca.gov.
    2. Click inside the ``I want to . . .'' field near the top of the 
page.
    3. Select ``comment on a pending regulation'' from the dropdown 
menu.
    4. Click ``Go.'' This takes you to the comment form.
     Send the comment by mail to the following: Autumn R. 
Agans, Deputy Director, Office of Regulatory Policy, Farm Credit 
Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090.
    We post all comments on the FCA website. We will show your comments 
as submitted, including any supporting information; however, for 
technical reasons, we may omit items such as logos and special 
characters. Personal information that you provide, such as phone 
numbers and addresses, will be publicly available. However, we will 
attempt to remove email addresses to help reduce internet spam.
    To review comments on our website, go to https://www.fca.gov and 
follow these steps:
    1. Click inside the ``I want to . . .'' field near the top of the 
page.
    2. Select ``find comments on a pending regulation'' from the 
dropdown menu.
    3. Click ``Go.'' This will take you to a list of regulatory 
projects.
    4. Select the project in which you're interested. If we have 
received comments on that project, you will see a list of links to the 
individual comments.
    You may also review comments in person at the FCA office in McLean, 
Virginia between 9:00 a.m. and 3:00 p.m., Eastern Time, Monday through 
Friday of each week except Federal holidays. Please call us at (703) 
883-4056 or email us at fca.gov">reg-comm@fca.gov to make an appointment.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request, we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for the proposed regulation. To schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact (703) 883-4056.

FOR FURTHER INFORMATION CONTACT: 
    Technical information: Sherita J. Olla, Senior Policy Analyst, 
Office of Regulatory Policy, Farm Credit Administration, 703-883-4414, 
TTY (703) 883-4056.
    Legal information: Laura McFarland, Senior Counsel, Office of 
General Counsel, Farm Credit Administration, 703-883-4020, TTY (703) 
883-4056.

SUPPLEMENTARY INFORMATION:

I. Objectives

    The objectives of this proposed rule are to:
     Amend FCA's high-risk loan performance categories due to 
changes in GAAP; and
     Clarify Farm Credit bank and association reporting 
expectations for vintage disclosures and disclosures of loan 
modifications to borrowers experiencing financial difficulties.

II. Background

    The Farm Credit Act of 1971, as amended (Farm Credit Act), 
establishes Farm Credit System (System) institutions as federally 
chartered instrumentalities of the United States.\1\ The Farm Credit 
Act, at section 5.19(b), requires each System institution to prepare 
audited financial statements in accordance with GAAP \2\ for inclusion 
in the respective institution's annual report of condition.\3\ This 
provision of the Farm Credit Act also requires annual reports to 
``contain such additional information'' as FCA, by regulation, may 
require. Various FCA regulations in 12 CFR parts 620, 621, 630 and 655 
implement the Farm Credit Act's financial reporting requirements.\4\
---------------------------------------------------------------------------

    \1\ See, for example, 12 U.S.C. 2011, 2071, 2091 and 2121.
    \2\ GAAP, as issued and revised by the Financial Accounting 
Standards Board, are the standard accounting rules for preparing, 
presenting, and reporting financial statements in the United States.
    \3\ 12 U.S.C. 2254(b).
    \4\ FCA regulations in Part 621 generally apply to all chartered 
System institutions. However, the Federal Agricultural Mortgage 
Corporation (Farmer Mac) is required to follow only those provisions 
where specifically indicated, which would include section 621.6. For 
purposes of this preamble, we do not include separate exceptions for 
Farmer Mac but expect Farmer Mac to self-identify those areas. Refer 
to 12 CFR 621.1 and 621.2 (which defines the term ``institution'' 
within part 621 to include Farmer Mac).
---------------------------------------------------------------------------

    Relevant to this proposed rulemaking is FCA regulation Sec.  621.6 
on high-risk

[[Page 56067]]

loan performance categories, located in subpart C of 12 CFR part 621, 
``Loan Performance and Valuation Assessment.'' \5\ The current Sec.  
621.6 high-risk loan performance categories include TDRs. We have 
historically based our part 621 regulatory performance categories on 
information from various sources, including SEC Industry Guide 3, 
``Statistical Disclosure by Bank Holding Companies,'' \6\ the Federal 
Financial Institutions Examination Council's (FFIEC) \7\ guidance on 
nonperforming loans, and GAAP. FCA last updated the Sec.  621.6 
regulatory high risk performance categories in a 2020 rulemaking on 
nonaccrual loans.\8\
---------------------------------------------------------------------------

    \5\ FCA first adopted regulations on accounting for high risk 
assets on March 13, 1986 (51 FR 8644), explaining at the time that 
performance categories serve two purposes: (1) to communicate to 
readers of the annual report the risks associated with loans that do 
not perform according to contractual terms, and (2) to establish 
objective standards consistently applied by System institutions for 
both FCA oversight purposes and the consolidation of ``accurate and 
meaningful aggregate [financial] data'' in the Systemwide Report to 
Investors.
    \6\ SEC Guide 3 was rescinded, effective January 1, 2023.
    \7\ The FFEIC is an interagency body that establishes consistent 
principles, standards, and report forms for the banking regulators' 
federal examinations. Neither FCA, nor the System, is subject to the 
FFIEC's reporting standards. However, FCA's high-risk accounting 
classification rules are generally similar, though not identical, to 
FFIEC standards.
    \8\ 85 FR 52253, August 25, 2020.
---------------------------------------------------------------------------

    On March 31, 2022, the Financial Accounting Standards Board (FASB) 
\9\ issued Accounting Standards Update (ASU) No. 2022-02, ``Financial 
Instruments--Credit Losses (Topic 326): Troubled Debt Restructurings 
and Vintage Disclosures,'' which, in part, eliminated TDR recognition 
and measurement guidance under GAAP.\10\ Now, entities that follow GAAP 
are to evaluate those loans, which previously would have been TDRs, in 
a manner consistent with the guidance for other loan modifications. 
Additionally, ASU 2022-02 requires enhanced disclosures for certain 
loan modifications when a borrower is experiencing financial 
difficulty.
---------------------------------------------------------------------------

    \9\ FASB is an independent, private sector organization 
responsible for establishing accounting and financial reporting 
standards in the United States for nongovernmental organizations 
that follow GAAP.
    \10\ The updates in ASU 2022-02 eliminated the accounting 
guidance for TDRs in Subtopic 310-40, ``Receivables--Troubled Debt 
Restructurings by Creditors'' and enhanced disclosure requirements 
for certain loan refinancings and restructurings by creditors when 
borrowers are experiencing financial difficulty.
---------------------------------------------------------------------------

    The ASU 2022-02 updates related to TDRs affect all entities 
adopting ASU 2016-13 ``Financial Instruments--Credit Losses (Topic 
326): Measurement of Credit Losses on Financial Instruments'' and the 
current expected credit losses (CECL) methodology.\11\ Under ASU 2022-
02, when evaluating loan modifications made to borrowers experiencing 
financial difficulty (hereafter referred to as ``loan modifications''), 
entities must assess whether the loan modification should be accounted 
for as a new loan or a continuation of an existing loan.\12\
---------------------------------------------------------------------------

    \11\ The System adopted the CECL methodology in accordance with 
the FCA final rule, ``Implementation of the Current Expected Credit 
Losses Methodology for Allowances, Related Adjustments to the Tier 
1/Tier 2 Capital Rule, and Conforming Amendments.'' (87 FR 27483, 
May 9, 2022). The CECL final rule went into effect on January 1, 
2023.
    \12\ The loan refinancing and restructuring guidance in ASC 
2022-02 used to evaluate whether a loan modification to a borrower 
experiencing financial difficulty is a new loan or a continuation of 
an existing loan was carried forward from the prior ASC paragraphs 
310-20-35-9 through 35-11.
---------------------------------------------------------------------------

    ASU 2022-02 also introduced qualitative and quantitative disclosure 
requirements for loan modifications provided in the form of principal 
forgiveness, interest rate reductions, other-than-insignificant payment 
delays, or term extensions (or a combination thereof) in the current 
reporting period. For each period the income statement is presented, 
the disclosures are to provide information on the type and magnitude of 
loan modifications, the financial effect of the loan modifications (by 
modification type), and their performance in the 12 months after 
modification.
    On December 30, 2022, FCA issued Informational Memorandum, 
``Accounting standards update on troubled debt restructuring (TDR)'' to 
provide interim guidance to the System on the changes in GAAP related 
to TDRs until FCA regulation Sec.  621.6(b) is amended.\13\ 
Specifically, the informational memorandum instructed System 
institutions to implement the change in GAAP and disclose modifications 
to borrowers experiencing financial difficulty beginning with the first 
quarterly report for fiscal year 2023.
---------------------------------------------------------------------------

    \13\ See Accounting standards update on troubled debt 
restructuring (TDR) (fca.gov).
---------------------------------------------------------------------------

III. Proposed Rule Changes to Loan Performance Categories. [Existing 
Sec.  621.6]

    This proposed rule would revise our accounting and reporting 
regulations in subpart C of 12 CFR part 621 to incorporate changes in 
GAAP that took effect January 1, 2023.\14\ Specifically, we propose to 
remove references to TDRs and to make conforming technical changes.
---------------------------------------------------------------------------

    \14\ The GAAP changes took effect when the System adopted CECL. 
January 1, 2023, was the effective date of the System's adoption of 
CECL.
---------------------------------------------------------------------------

    Our regulation at Sec.  621.6(b) currently requires System 
institutions to categorize high-risk loans as TDRs when required to do 
so under GAAP and FASB guidance. ASU 2022-02 eliminated TDR recognition 
and related measurement guidance under GAAP for all entities that adopt 
CECL. The System now uses the CECL methodology, so the TDR 
categorization in Sec.  621.6(b) is no longer supported by GAAP.\15\ 
Additionally, in response to our 2022 regulatory burden 
solicitation,\16\ the Farm Credit Council (FCC), on behalf of its 
membership, as well as various System institutions, asked us to remove 
Sec.  621.6(b) from our regulations. On March 3, 2025, we published a 
``Statement on Regulatory Burden,'' which at III.A identified this 
request as meriting a rule change.\17\
---------------------------------------------------------------------------

    \15\ The TDR changes included in ASU 2022-02 were not 
incorporated into FCA's CECL rule as those changes were not 
finalized until March 31, 2022. FCA's notice and comment rulemaking 
process for CECL was in the final rule stages, so incorporating the 
technical changes as contained in this proposed rule was not 
appropriate under the Administrative Procedure Act's standards for 
rules that had undergone a proposed rule stage.
    \16\ FCA Notice of Intent; request for comment, ``Statement on 
Regulatory Burden.'' 87 FR 43227 (July 20, 2022).
    \17\ 90 FR 11013, 11013 (March 3, 2025).
---------------------------------------------------------------------------

    In response to changes in GAAP, and supported by prior comments 
received, we propose removing Sec.  621.6(b). As a conforming technical 
change, we propose renumbering existing paragraphs (c) and (d) as new 
Sec.  621.6(b) and (c), respectively. We similarly propose a 
corresponding numbering change to the cross-reference in Sec.  
621.6(a)(2) from ``under paragraph (c)'' to read ``under paragraph 
(b).''
    Prior to developing this proposed rule, we also received comments 
from the FCC and various System institutions on our Sec.  621.6(c) 
high-risk loan category, ``loans 90 days past due and still accruing 
interest.'' These comments requested removal of the ``loans 90 days 
past due and still accruing interest'' category. The FCC stated it 
believed removing Sec.  621.6(c) would conform with GAAP and explained 
that in the System's experience, loans 90 days past due still accruing 
interest were usually fully guaranteed, thus mitigating credit risk. 
The FCC contended that under the CECL methodology, the performance 
categories for high-risk loans and loan-related assets should be 
limited to nonaccrual loans and other property owned.
    We evaluated these comments on Sec.  621.6(c) during this 
rulemaking but do not propose removing the ``90 days past

[[Page 56068]]

due and still accruing interest'' high-risk loan performance category. 
This loan category can be a leading indicator of increased credit risk. 
While loans categorized as ``90 days past due and still accruing 
interest'' often possess a government guarantee, not all do. Further, 
we believe it would be misleading to consider loans 90 days or more 
past due still accruing interest, but otherwise adequately secured, and 
in the process of collection, as ``performing.'' We continue to see 
value in applying the performance category as a factor in the risk 
weights used to determine the capital adequacy of System institutions 
and in the credit review function since, as previously stated, it can 
be a leading indicator of increased credit risk. Also, we do not 
believe the ``90 days past due and still accruing interest'' loan 
performance category is contrary to GAAP. The amortized cost basis of 
financial assets that are 90 days or more past due, but not on 
nonaccrual status as of the reporting date, are a required GAAP 
disclosure.\18\ Moreover, FCA's ``loans 90 days past due still accruing 
interest'' performance category provides stockholder-owners, as well as 
other users of System institutions' annual reports, valuable 
information regarding the severity, trend, and migration of 
nonperforming loans and, therefore, the financial condition of Farm 
Credit banks and associations as these are loans that have not 
performed according to contractual terms.
---------------------------------------------------------------------------

    \18\ See ASC paragraph 326-20-50-16.
---------------------------------------------------------------------------

    As explained in the 1986 rulemaking, this performance category was 
developed from the FFIEC guidance on nonperforming loans, which 
identified three categories: nonaccrual, loans 90 days past due still 
accruing interest, and renegotiated troubled debt. At that time, FCA 
included loans 90 days past due still accruing interest in an ``other 
high risk'' category (which also included loans held as current but 
otherwise in severe default, bankruptcies, and foreclosures). In 1993, 
FCA amended the high-risk loan performance categories to further align 
System financial statement disclosures with those of the financial 
services industry.\19\ This resulted in separating the category of 
``loans 90 days past due and still accruing interest'' from other high 
risk loan categories.\20\ The ``loans 90 days past due and still 
accruing interest'' category was again amended in 2020 to clarify that 
past due loans not adequately secured may be placed in this category if 
it is likely they will become current in the near future. The 2020 
rulemaking also increased comparability to FFIEC's loan performance 
categories by specifying those loans 90 days or more past due are to be 
included in the ``loans 90 days past due and still accruing interest'' 
category. The 2020 rule remained consistent with GAAP requirements when 
making these changes.
---------------------------------------------------------------------------

    \19\ 58 FR 48780, Sept. 20, 1993.
    \20\ In 1993, the performance category provisions were moved 
from 621.3(a) to 621.6 and the category of ``loans 90 days past due 
and still accruing interest'' was placed in 12 CFR 621.6(c).
---------------------------------------------------------------------------

    However, FCA requests comments on whether retaining the ``loans 90 
days past due and still accruing interest'' performance category is 
unduly burdensome as suggested by the FCC given the benefits it 
provides, especially since removing it may otherwise deviate from the 
FFIEC's definition of a nonperforming loan. We ask that any comments 
submitted on this subject include empirically derived evidence in 
support of retention or removal of the ``90 days past due still 
accruing interest'' high-risk loan performance category.

IV. Disclosure Expectations for Loan Modifications and Vintage Year 
Disclosures. [Existing Sec. Sec.  620.5, 620.11, 630.20, 630.40, and 
655.10]

    ASU 2022-02 requires all entities to provide financial statement 
disclosures for loan modifications by modification type, expected 
financial effect of those modifications, their performance in the 12 
months after modification, and payment defaults on modifications 
granted within the previous 12 months (if any). Additionally, these 
disclosures, made by portfolio segment, should also provide qualitative 
information on how the entity factored the loan modifications, the 
borrowers' subsequent performance, and payment defaults (if any) into 
the allowance for credit losses (ACL). ASU 2022-02 also amended the 
vintage year requirement of public business entities to require 
disclosure of current period gross write-offs by year of origination 
for financing receivables and net investments in leases (``vintage 
disclosures'').
    FCA reviewed these disclosure requirements to determine if a 
regulatory change was necessary instead of guidance. We reviewed our 
existing financial reporting regulations in 12 CFR 620.5 and 620.11 to 
determine if the ASU 2022-02 disclosures could be made using existing 
regulatory provisions or if they would require new regulations. Based 
on our review, we do not believe additional regulatory change is 
required. Existing regulatory disclosure provisions in Sec. Sec.  
620.5, 620.11, 630.20, and 630.40 provide appropriate categories in 
which to place the ASU 2022-02 disclosures.
    Our financial reporting regulations are designed to balance GAAP 
compliance with ensuring stockholder-owners of Farm Credit banks and 
associations receive clear, beneficial information that is reported 
consistently for optimal stockholder-owner use and for consolidation 
within the Systemwide combined financial statements. Also, FCA 
regulations Sec. Sec.  620.3(a), 620.4(c), and 620.10(b) prohibit 
making misleading disclosures. The consistent placement of ASU 2022-02 
disclosures by all System institutions in the same location of 
financial reports furthers the objectives of Sec. Sec.  620.3(a), 
620.4(c), and 620.10(b). For this reason, and to provide meaningful 
disclosures, this preamble discussion provides compliance information 
for placing the enhanced GAAP disclosures within an institution's 
annual and quarterly reports to stockholders using the existing 
provisions of Sec. Sec.  620.5 and 620.11. We do not believe similar 
compliance information is required for the Systemwide Report to 
Investors, as existing FCA regulation Sec.  630.3(e) authorizes the 
Funding Corporation to present the information in the Systemwide report 
``in any order deemed suitable'' to ensure disclosures are meaningful 
to investors and the general public. While not required, we encourage 
the Funding Corporation to consider FCA compliance information given to 
Farm Credit banks and associations on making these disclosures. In 
preparing its annual and quarterly reports Farmer Mac follows the 
provisions of 12 CFR 655.10 and it should use the information in this 
preamble as appropriate to its operations.
    Although we do not propose regulatory changes for the ASU 2022-02 
GAAP disclosures, we request comments on our expectations for 
consistent reporting of these core qualitative disclosures. We also 
seek comments on our determination that no regulatory changes are 
necessary for the ASU 2022-02 GAAP disclosures. We further welcome 
suggested alternatives for placement of the disclosures discussed 
below.

A. Disclosure of Loans to Borrowers Experiencing Financial Difficulty 
(Loan Modifications). [Existing Sec. Sec.  620.5(g)(1), 620.5(j)(1), 
620.11(c)(1), and 620.11(c)(2)]

    ASU 2022-02 enhanced financial disclosures for certain loans that 
may previously have been considered TDRs. As a result, disclosures for 
loan modifications are made by class of

[[Page 56069]]

financing receivable and by portfolio segment.\21\ The disclosures 
contain both qualitative and quantitative information, explaining the 
type and magnitude of loan modifications, the financial effect of the 
loan modifications, and the performance of the loans in the 12 months 
after modification.
---------------------------------------------------------------------------

    \21\ Disclosures made by portfolio segment provide qualitative 
information on how the entity factored the modifications and the 
borrower's subsequent performance, as well as payment defaults on 
modifications granted in the previous 12 months (if any) into 
determining the ACL.
---------------------------------------------------------------------------

    FCA regulation Sec.  620.5(j)(1) provides, in part, that banks and 
associations must ``furnish financial statements and related footnotes 
that have been prepared in accordance with generally accepted 
accounting principles and instructions and other requirements of the 
Farm Credit Administration.'' While GAAP requires disclosure of loan 
modifications in the financial statements and related footnotes, bank 
and association financial reports are for the benefit of the 
stockholder-owners. As such, FCA regulation Sec.  620.2(g) requires 
Farm credit bank and association financial reports to not only follow 
GAAP but to present information in a manner that provides the ``most 
meaningful disclosure to shareholders.'' Accordingly, each Farm Credit 
bank and association is expected to make the required GAAP loan 
modification disclosures in the financial statements and related 
footnotes as required per Sec. Sec.  620.5(j)(1) and 620.11(c)(2) and 
include in the management's discussion and analysis (MD&A) loan 
portfolio section a core loan modification qualitative disclosure (core 
disclosure) per Sec. Sec.  620.5(g)(1) and 620.11(c)(1). The core 
disclosure should be a short, qualitative summary of how the 
modifications, subsequent performance of the borrowers, and payment 
defaults (if any) impacted the ACL and portfolio segments during the 
reporting period. Further, the core disclosure should be adequate to 
aid shareholder understanding and awareness of the GAAP loan 
modification disclosures in the financial statements and related 
footnotes. As such, the GAAP disclosures included in the financial 
statements and related footnotes should include a reference to the core 
disclosure in MD&A and vice versa.

B. Disclosure of Current-Period Gross Write-Offs (Vintage Disclosures). 
[Existing Sec.  621.3]

    ASU 2022-02 changed the vintage year disclosure requirements of 
public business entities.\22\ Specifically, the ASU's update requires 
disclosure of current period gross write-offs by year of origination, 
or vintage year, for financing receivables and net investment in leases 
within the scope of Subtopic 326-20, ``Financial Instruments--Credit 
Losses--Measured at Amortized Cost,'' starting with the period of 
adoption. The vintage disclosures include gross write-offs under the 
guidance included in ASC paragraph 326-20-50-6, which requires that a 
public business entity disclose the amortized cost basis of financing 
receivables within each credit quality indicator and by year of 
origination (or vintage year).
---------------------------------------------------------------------------

    \22\ ASU 2022-02 amended the guidance on vintage disclosures to 
require disclosure of current-period gross write-offs by year of 
origination. In comparison, ASU 2016-13 required disclosure of the 
amortized cost basis within each credit-quality indicator by year of 
origination (vintage year) for each class of financing receivable 
and net investment in leases. Notwithstanding, the CECL final rule, 
which contained regulatory changes warranted by updates included in 
ASU 2016-13, did not include a vintage year requirement.
---------------------------------------------------------------------------

    FCA does not propose any regulatory changes for this 
disclosure.\23\ FCA regulation Sec.  621.3(b) requires preparation of 
financial statements and reports in accordance with GAAP. Therefore, 
Farm Credit banks and associations are to make vintage disclosures as 
required by GAAP, which we understand to require placement of vintage 
disclosures, or gross write-offs, in the footnotes to the financial 
statements.
---------------------------------------------------------------------------

    \23\ The preamble to CECL final rule preamble stated FCA 
``removed'' the vintage disclosure requirement of Sec. Sec.  
620.5(g)(1)(iv)(B) and 630.20(g)(1)(ii)(B) because of the similarity 
of the vintage disclosures made per ASU 2016-13 and FCA's 
requirements for an analysis of the allowance for credit losses-to-
loans. See 87 FR 27483, 27490, May 9, 2022.
---------------------------------------------------------------------------

C. Loan Refinancing and Restructuring (Loan Modification) Guidance and 
System Credit Activities

    FCA expects to issue separate guidance on the relationship of 
GAAP's loan modification accounting instructions and System compliance 
with the distressed loan servicing provisions of the Farm Credit Act. 
In particular, the guidance will discuss GAAP accounting on loan 
modifications for borrowers experiencing financial difficulty and its 
impact on what constitutes a new or restructured loan for other 
purposes under the Farm Credit Act. We anticipate issuing this guidance 
soon, either before or after the publication timeline and comment 
period of this rulemaking.

V. Regulatory Matters

A. Determination Under Executive Order 12866 and Expected Determination 
Under Executive Order 14192

    The Office of Management and Budget's Office of Information and 
Regulatory Affairs has determined that this proposed rule is not a 
``significant regulatory action'' as defined by Section 3(f) of 
Executive Order 12866, made applicable to FCA by Executive Order 14215. 
This action, if finalized as proposed, is expected to be an Executive 
Order 14192 deregulatory action.

B. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.), FCA hereby certifies that this proposed rule will 
not have a significant economic impact on a substantial number of small 
entities. Each of the banks in the System, considered together with its 
affiliated associations, has assets and annual income in excess of the 
amounts that would qualify them as small entities. Therefore, System 
institutions are not ``small entities'' as defined in the Regulatory 
Flexibility Act.

C. Providing Accountability Through Transparency Act of 2023

    The Providing Accountability Through Transparency Act of 2023 \24\ 
requires a notice of proposed rulemaking to include the internet 
address of a posted summary of the proposed rule, in plain language and 
less than 100 words.
---------------------------------------------------------------------------

    \24\ 5 U.S.C. 553(b)(4).
---------------------------------------------------------------------------

    Public commenters may access the summary for this rulemaking under 
the identifier of RIN 3052-AD63 at: https://www.fca.gov/laws-and-regulations/regulatory-projects-plan.

List of Subjects in 12 CFR Part 621

    Accounting, Agriculture, Banks, Banking, Government securities, 
Investments, Reporting and recordkeeping requirements, Rural areas.

    For the reasons stated in the preamble, the Farm Credit 
Administration proposes to amend part 621 of chapter VI, title 12 of 
the Code of Federal Regulations as follows:

PART 621--ACCOUNTING AND REPORTING REQUIREMENTS

0
1. The authority citation for part 621 is revised to read as follows:

    Authority: Secs. 4.12(b)(5), 4.14, 4.14A, 4.14D, 5.17, 5.19, 
5.22A, 8.11 of the Farm

[[Page 56070]]

Credit Act (12 U.S.C. 2183, 2202, 2202a, 2202d, 2252, 2254, 2257a, 
2279aa-11); sec. 514 of Pub. L. 102-552.

Subpart C--Loan Performance and Valuation Assessment

0
2. Section 621.6 is amended by:
0
a. Removing paragraph (b);
0
b. Renumbering paragraphs (c) and (d) as new paragraph (b) and (c); and
0
c. Replacing the phrase ``under paragraph (c)'' in Sec.  621.6(a)(2) 
with ``under paragraph (b)''.


Sec.  621.6  [Amended].

* * * * *

    Dated: December 2, 2025.
Ashley Waldron,
Secretary to the Board, Farm Credit Administration.
[FR Doc. 2025-22015 Filed 12-4-25; 8:45 am]
BILLING CODE 6705-01-P