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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules meaning given to that term in 12 U.S.C.
1813.
Subpart CRecords, Reporting, and Disclosure Requirements 195.41

Assessment area delineation.

a In general. A savings association shall delineate one or more assessment areas within which the appropriate Federal banking agency evaluates the savings associations record of helping to meet the credit needs of its community. The appropriate Federal banking agency does not evaluate the savings associations delineation of its assessment areas as a separate performance criterion, but the appropriate Federal banking agency reviews the delineation for compliance with the requirements of this section.
b Geographic areas for wholesale or limited purpose savings associations.
The assessment areas for a wholesale or limited purpose savings association must consist generally of one or more MSAs or metropolitan divisions using the MSA or metropolitan division boundaries that were in effect as of January 1 of the calendar year in which the delineation is made or one or more contiguous political subdivisions, such as counties, cities, or towns, in which the savings association has its main office, branches, and deposit-taking ATMs.
c Geographic areas for other savings associations. The assessment areas for a savings association other than a wholesale or limited purpose savings association must:
1 Consist generally of one or more MSAs or metropolitan divisions using the MSA or metropolitan division boundaries that were in effect as of January 1 of the calendar year in which the delineation is made or one or more contiguous political subdivisions, such as counties, cities, or towns; and 2 Include the geographies in which the savings association has its main office, its branches, and its deposittaking ATMs, as well as the surrounding geographies in which the savings association has originated or purchased a substantial portion of its loans including home mortgage loans, small business and small farm loans, and any other loans the savings association chooses, such as those consumer loans on which the savings association elects to have its performance assessed.
d Adjustments to geographic areas.
A savings association may adjust the boundaries of its assessment areas to include only the portion of a political subdivision that it reasonably can be expected to serve. An adjustment is particularly appropriate in the case of
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an assessment area that otherwise would be extremely large, of unusual configuration, or divided by significant geographic barriers.
e Limitations on the delineation of an assessment area. Each savings associations assessment areas:
1 Must consist only of whole geographies;
2 May not reflect illegal discrimination;
3 May not arbitrarily exclude lowor moderate-income geographies, taking into account the savings associations size and financial condition; and 4 May not extend substantially beyond an MSA boundary or beyond a state boundary unless the assessment area is located in a multistate MSA. If a savings association serves a geographic area that extends substantially beyond a state boundary, the savings association shall delineate separate assessment areas for the areas in each state. If a savings association serves a geographic area that extends substantially beyond an MSA boundary, the savings association shall delineate separate assessment areas for the areas inside and outside the MSA.
f Savings associations serving military personnel. Notwithstanding the requirements of this section, a savings association whose business predominantly consists of serving the needs of military personnel or their dependents who are not located within a defined geographic area may delineate its entire deposit customer base as its assessment area.
g Use of assessment areas. The appropriate Federal banking agency uses the assessment areas delineated by a savings association in its evaluation of the savings associations CRA
performance unless the appropriate Federal banking agency determines that the assessment areas do not comply with the requirements of this section.
195.42 Data collection, reporting, and disclosure.

a Loan information required to be collected and maintained. A savings association, except a small savings association, shall collect, and maintain in machine readable form as prescribed by the appropriate Federal banking agency until the completion of its next CRA examination, the following data for each small business or small farm loan originated or purchased by the savings association:
1 A unique number or alphanumeric symbol that can be used to identify the relevant loan file;
2 The loan amount at origination;
3 The loan location; and
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4 An indicator whether the loan was to a business or farm with gross annual revenues of $1 million or less.
b Loan information required to be reported. A savings association, except a small savings association or a savings association that was a small savings association during the prior calendar year, shall report annually by March 1
to the appropriate Federal banking agency in machine readable form as prescribed by the agency the following data for the prior calendar year:
1 Small business and small farm loan data. For each geography in which the savings association originated or purchased a small business or small farm loan, the aggregate number and amount of loans:
i With an amount at origination of $100,000 or less;
ii With amount at origination of more than $100,000 but less than or equal to $250,000;
iii With an amount at origination of more than $250,000; and iv To businesses and farms with gross annual revenues of $1 million or less using the revenues that the savings association considered in making its credit decision;
2 Community development loan data. The aggregate number and aggregate amount of community development loans originated or purchased; and 3 Home mortgage loans. If the savings association is subject to reporting under part 1003 of this title, the location of each home mortgage loan application, origination, or purchase outside the MSAs in which the savings association has a home or branch office or outside any MSA in accordance with the requirements of part 1003 of this title.
c Optional data collection and maintenance1 Consumer loans. A
savings association may collect and maintain in machine readable form as prescribed by the appropriate Federal banking agency data for consumer loans originated or purchased by the savings association for consideration under the lending test. A savings association may maintain data for one or more of the following categories of consumer loans: Motor vehicle, credit card, other secured, and other unsecured. If the savings association maintains data for loans in a certain category, it shall maintain data for all loans originated or purchased within that category. The savings association shall maintain data separately for each category, including for each loan:
i A unique number or alpha-numeric symbol that can be used to identify the relevant loan file;

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