On a variable-rate short term construction loan, is it permissible to use the bank's prime vs. WSJ? We are an OCC bank and I understand that on ARMs we cannot use an index that is within the bank's control, but on non-ARMs is there a similar requirement? Thanks.

Yes - if the loan does not qualify as a loan under 226.19(b), then you can use an internal index.

Thank you very much for your help.