In the February 20, 2019, issue of the Federal Register (84 FR 4953), the Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (FRB), the Federal Deposit Insurance Corporation (FDIC), the Farm Credit Administration (FCA), and the National Credit Union Administration (NCUA) (collectively, the Agencies, and individually, Agency) issued a joint final rule (Final Rule) amending the Agencies regulations regarding loans in special flood hazard areas to implement the private flood insurance provisions of the Biggert-Waters Flood Insurance Reform Act of 2012 (Biggert-Waters Act). The Final Rule requires regulated lending institutions to accept policies that meet the Biggert-Waters Act’s definition of “private flood insurance” and, subject to certain restrictions, permits regulated lending institutions to exercise their discretion to accept flood insurance policies issued by private insurers and plans providing flood coverage issued by mutual aid societies that do not meet the Biggert-Waters Act’s definition of “private flood insurance.”


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