Quiero saber acerca de...

52048

Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules
G It has made a low level of community development loans.
v Substantial noncompliance. The OCC
rates a banks lending performance as being in substantial noncompliance if, in general, it demonstrates:
A A very poor responsiveness to credit needs in its assessment areas, taking into account the number and amount of home mortgage, small business, small farm, and consumer loans, if applicable, in its assessment areas;
B A very small percentage of its loans are made in its assessment areas;
C A very poor geographic distribution of loans, particularly to lowor moderateincome geographies, in its assessment areas;
D A very poor distribution, particularly in its assessment areas, of loans among individuals of different income levels and businesses including farms of different sizes, given the product lines offered by the bank;
E A very poor record of serving the credit needs of highly economically disadvantaged areas in its assessment areas, low-income individuals, or businesses including farms with gross annual revenues of $1 million or less, consistent with safe and sound operations;
F No use of innovative or flexible lending practices in a safe and sound manner to address the credit needs of lowor moderateincome individuals or geographies; and G It has made few, if any, community development loans.
2 Investment performance rating. The OCC assigns each banks investment performance one of the five following ratings.
i Outstanding. The OCC rates a banks investment performance outstanding if, in general, it demonstrates:
A An excellent level of qualified investments, particularly those that are not routinely provided by private investors, often in a leadership position;
B Extensive use of innovative or complex qualified investments; and C Excellent responsiveness to credit and community development needs.
ii High satisfactory. The OCC rates a banks investment performance high satisfactory if, in general, it demonstrates:
A A significant level of qualified investments, particularly those that are not routinely provided by private investors, occasionally in a leadership position;
B Significant use of innovative or complex qualified investments; and C Good responsiveness to credit and community development needs.
iii Low satisfactory. The OCC rates a banks investment performance low satisfactory if, in general, it demonstrates:
A An adequate level of qualified investments, particularly those that are not routinely provided by private investors, although rarely in a leadership position;
B Occasional use of innovative or complex qualified investments; and C Adequate responsiveness to credit and community development needs.
iv Needs to improve. The OCC rates a banks investment performance needs to improve if, in general, it demonstrates:

VerDate Sep<11>2014

17:07 Sep 16, 2021

Jkt 253001

A A poor level of qualified investments, particularly those that are not routinely provided by private investors;
B Rare use of innovative or complex qualified investments; and C Poor responsiveness to credit and community development needs.
v Substantial noncompliance. The OCC
rates a banks investment performance as being in substantial noncompliance if, in general, it demonstrates:
A Few, if any, qualified investments, particularly those that are not routinely provided by private investors;
B No use of innovative or complex qualified investments; and C Very poor responsiveness to credit and community development needs.
3 Service performance rating. The OCC
assigns each banks service performance one of the five following ratings.
i Outstanding. The OCC rates a banks service performance outstanding if, in general, the bank demonstrates:
A Its service delivery systems are readily accessible to geographies and individuals of different income levels in its assessment areas;
B To the extent changes have been made, its record of opening and closing branches has improved the accessibility of its delivery systems, particularly in lowor moderateincome geographies or to lowor moderateincome individuals;
C Its services including, where appropriate, business hours are tailored to the convenience and needs of its assessment areas, particularly lowor moderate-income geographies or lowor moderate-income individuals; and D It is a leader in providing community development services.
ii High satisfactory. The OCC rates a banks service performance high satisfactory if, in general, the bank demonstrates:
A Its service delivery systems are accessible to geographies and individuals of different income levels in its assessment areas;
B To the extent changes have been made, its record of opening and closing branches has not adversely affected the accessibility of its delivery systems, particularly in lowand moderate-income geographies and to lowand moderate-income individuals;
C Its services including, where appropriate, business hours do not vary in a way that inconveniences its assessment areas, particularly lowand moderateincome geographies and lowand moderateincome individuals; and D It provides a relatively high level of community development services.
iii Low satisfactory. The OCC rates a banks service performance low satisfactory if, in general, the bank demonstrates:
A Its service delivery systems are reasonably accessible to geographies and individuals of different income levels in its assessment areas;
B To the extent changes have been made, its record of opening and closing branches has generally not adversely affected the accessibility of its delivery systems,
PO 00000

Frm 00024

Fmt 4701

Sfmt 4702

particularly in lowand moderate-income geographies and to lowand moderateincome individuals;
C Its services including, where appropriate, business hours do not vary in a way that inconveniences its assessment areas, particularly lowand moderateincome geographies and lowand moderateincome individuals; and D It provides an adequate level of community development services.
iv Needs to improve. The OCC rates a banks service performance needs to improve if, in general, the bank demonstrates:
A Its service delivery systems are unreasonably inaccessible to portions of its assessment areas, particularly to lowor moderate-income geographies or to lowor moderate-income individuals;
B To the extent changes have been made, its record of opening and closing branches has adversely affected the accessibility its delivery systems, particularly in lowor moderate-income geographies or to lowor moderate-income individuals;
C Its services including, where appropriate, business hours vary in a way that inconveniences its assessment areas, particularly lowor moderate-income geographies or lowor moderate-income individuals; and D It provides a limited level of community development services.
v Substantial noncompliance. The OCC
rates a banks service performance as being in substantial noncompliance if, in general, the bank demonstrates:
A Its service delivery systems are unreasonably inaccessible to significant portions of its assessment areas, particularly to lowor moderate-income geographies or to lowor moderate-income individuals;
B To the extent changes have been made, its record of opening and closing branches has significantly adversely affected the accessibility of its delivery systems, particularly in lowor moderate-income geographies or to lowor moderate-income individuals;
C Its services including, where appropriate, business hours vary in a way that significantly inconveniences its assessment areas, particularly lowor moderate-income geographies or lowor moderate-income individuals; and D It provides few, if any, community development services.
c Wholesale or limited purpose banks.
The OCC assigns each wholesale or limited purpose banks community development performance one of the four following ratings.
1 Outstanding. The OCC rates a wholesale or limited purpose banks community development performance outstanding if, in general, it demonstrates:
i A high level of community development loans, community development services, or qualified investments, particularly investments that are not routinely provided by private investors;
ii Extensive use of innovative or complex qualified investments, community development loans, or community development services; and
E:FRFM17SEP2.SGM

17SEP2