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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules in the rules applicable to IDIs; 2
limiting burden on banks, their communities, and examiners; and 3
ensuring that the OCC continues to advance the purpose of the CRAto encourage banks to help meet the credit needs of their entire communities, including LMI neighborhoods, consistent with safe and sound operations. The OCC considered different options for a revised regulatory framework, including proposing a revised rule that retained aspects of the June 2020 Rule that stakeholders generally supported. The OCC
determined, however, that proposing yet another regulatory framework would impose undue burden on banks, their communities, and examiners who would need to learn and implement a new framework that was neither the June 2020 Rule, the 1995 Rules, nor the prospective interagency CRA rules.
Further, proposing a new rule that retained aspects of the June 2020 Rule would fail to harmonize the OCCs rule with those of the Board and FDIC, potentially complicating an interagency rulemaking process by introducing unique OCC considerations regarding necessary changes to the regulatory framework and implementation of and transition to any prospective interagency final rules.
In contrast, rescinding and replacing the June 2020 Rule with rules based on the 1995 Rules would provide consistency throughout the banking industry with respect to the rules that apply by statute to all IDIs. A consistent regulatory framework would facilitate an interagency rulemaking process because it would allow all the Agencies to propose common solutions for the same issues. Further, replacing the June 2020 Rule with a regulatory framework that is familiar to all stakeholders would limit the burden associated with adapting to new rules. The partial implementation of the June 2020 Rule further limits the burden on stakeholders because much of the 1995
regulatory framework remains in effect.
Specifically, for most banks, reverting to rules based on the 1995 Rules would result in little change to how their CRA
performance is evaluated, whereas retaining the June 2020 Rule or some other regulatory framework would require continued implementation actions on the part of banks and the OCC. Finally, reverting to rules based on the 1995 Rules would enable the OCC
to continue to meet the requirements of the CRA by ensuring that examiners are evaluating banks CRA performance based on a proven framework that is
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focused on ensuring that banks meet the needs of LMI communities.

national banks and savings associations.

A. Proposed 12 CFR Part 25

C. Summary of Proposed Rules As with the 1995 Rules, the proposed rules would provide for different evaluation methods to respond to basic differences in banks structures and operations. The proposed rules would provide 1 a streamlined assessment method for small banks that emphasizes lending performance; 2 an assessment method for intermediate small banks ISB that considers lending and CD
activities; 3 an assessment method for large, retail banks that focuses on lending, investment, and service performance; and 4 an assessment method for wholesale and limitedpurpose banks based on CD activities.
Further, the proposed rules also would give any bank, regardless of size or business strategy, the choice to be evaluated under a strategic plan.
Under the proposed performance tests and standards, an examiner would consider a banks performance context in assessing its CRA performance.
Specifically, an examiner would review demographic and economic data about the banks assessment areas and information about local economic conditions, the institutions major business products and strategies, and its financial condition, capacity, and ability to lend or invest in its community. The examiner also would review information a bank chooses to provide about lending, investment, and service opportunities in its assessment areas.
Banks would identify one or more assessment areas within which examiners would evaluate CRA
performance. In most cases, a bank would delineate a town, municipality, county, some other political subdivision, or an MSA where its main office, branches, and deposit-taking ATMs are located and a substantial portion of its loans are made as an assessment area. If a bank chooses, however, its assessment areas would not need to coincide with the boundaries of one or more political subdivisions e.g., counties, cities, and towns or MSAs, so long as the adjustments to those boundaries reflect the areas that the bank reasonably could serve, meet regulatory requirements, and do not arbitrarily exclude LMI census tracts.
Large banks, and in some circumstances, other banks, would need to collect, maintain, and report certain data related to the proposed performance tests and standards. The OCC would make bank CRA data available through individual and aggregate disclosure statements. Banks also would make CRA-related
The proposal would replace the June 2020 Rule with a revised 12 CFR part 25
based on the 1995 Rules. Under the proposal, 12 CFR part 25 would be applicable to national banks. The proposed 12 CFR part 25 would be substantively identical to the 1995
Rules. Consequently, all definitions, performance tests and standards, and related data collection, recordkeeping, and reporting requirements would revert to those in place prior to the issuance of the June 2020 Rule. Further, the 1995 Rules public file and public notice requirements would replace the existing requirements. Proposed Subpart E would correct the 1995 Rules crossreferenced regulatory citation in 12 CFR
25.62a2 to the definition of foreign bank, which would read 12 CFR
28.11i.
B. Proposed 12 CFR Part 195
The proposal would reinstate 12 CFR
part 195 for savings associations.64
Under the proposal, the reinstated 12
CFR part 195 would apply to both Federal savings associations regulated by the OCC and State savings associations regulated by the FDIC.
Reinstating part 195 would enable the OCC to consult with the FDIC on the integration of the CRA rules applicable to national banks and savings associations as part of the interagency rulemaking process to ensure that the interests of both regulatory agencies and their regulated entities are considered.
As with the proposed revised 12 CFR
part 25, the proposed 12 CFR part 195
would be substantively identical to the 1995 Rules.
In the alternative, the OCC is considering integrating parts 25 and 195
into a single rule in part 25 applicable to both national banks and savings associations. An integrated part 25 rule applicable to both national banks and savings associations would be substantively the same as the separate rules. In an integrated rule in part 25, proposed Subpart E Prohibition Against Use of Interstate Branches Primarily for Deposit Production would apply only to national banks. The OCC requests specific comment on whether:
The OCC should reinstate separate rules for national banks and savings associations or integrate the rules so that part 25 is applicable to both 64 The OCC has CRA rulewriting authority for both Federal and State savings associations, in addition to national banks. See 12 U.S.C. 2905.

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