OCC submits interim final rule, preemption determination to OMB on Illinois Interchange Fee Prohibition Act’s applicability to national banks
On April 14, the OCC submitted an interim final rule and a preemption determination to the OMB’s Office of Information and Regulatory Affairs (OIRA) for review under Executive Order 12866 (as amended). The interim final rule, titled “National Bank Non-Interest Charges and Fees” (RIN 1557-AF54), appears to relate to national banks’ authority to charge and receive interchange fees under the National Bank Act. If so, the rule would be analogous to a proposed rule published by the OCC in December 2025 relating to national banks’ authority to determine whether or not to provide borrowers interest on their escrow accounts (covered by InfoBytes here). As an interim final rule, it could take effect immediately upon publication in the Federal Register without prior notice-and-comment rulemaking. The preemption determination, presumably issued pursuant to 12 U.S.C. § 25b, is titled “Order Preempting the Illinois Interchange Fee Prohibition Act” (RIN 1557-ZA10). These actions relate to ongoing litigation over the Illinois Interchange Fee Prohibition Act (IFPA), which bans interchange fees on the tax or gratuity portions of a transaction and is scheduled to take effect on July 1. As previously covered by InfoBytes, the case is currently on appeal before the 7th Circuit, which scheduled oral argument for May 13.