Voglio sapere a riguardo di…

52032

Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules
information available in their public files and inform the public through a CRA notice in specified locations.
For a more detailed description of the 1995 Rules, please see the SUPPLEMENTAL INFORMATION section of the Federal Register document at: 60 FR
22156 May 4, 1995.65 The following is a summary of key provisions of the proposed rules.
Performance tests and standards.66
The proposed rules small bank i.e., banks with less than $330 million in assets performance standards would establish a retail lending test for assessing CRA performance. The proposed small bank lending test may also consider CD loans. Qualified investments and CD services could be considered at the banks option for an outstanding rating, but only if the bank meets or exceeds the lending test criteria in the small bank performance standards.
The proposed rules ISB i.e., banks with asset sizes of at least $330 million and less than $1.322 billion performance standards would assess CRA performance under the small bank retail lending test and a CD test. The ISB
CD test would evaluate all CD activities together.
The proposed rules would establish lending, investment, and service tests applicable to large banks i.e., banks with $1.322 billion or more in assets.
The large bank lending and service tests would consider both retail and CD
activity, while the investment test would focus on qualified investments as defined in the proposed rules.
The proposed rules would evaluate wholesale and limited purpose banks under a CD test that considers activities in a banks broader statewide or regional area as activities that benefit the banks assessment area. Activities outside of the broader statewide or regional area also would be considered if the bank has been responsive to needs in its assessment area.
All banks could elect to be evaluated under a strategic plan that 65 The proposed rules also include the 2005
substantive revisions to the 1995 regulatory framework e.g., the small bank and ISB asset-size thresholds and associated changes and the inclusion of activities to revitalize and stabilize distressed or underserved rural areas and designated in the CD definition as well as other revisions made to the 1995 Rules since they were adopted by the Agencies. See 70 FR 44256 Aug. 2, 2005.
66 The applicable proposed performance tests and standards would be based on the asset size of a bank. The asset-size thresholds for determining whether a bank is a large bank, ISB, or small bank would be adjusted annually based on the Consumer Price Index and be aligned with the current asset size thresholds in the Board and FDIC rules. See 12
CFR parts 228 and 345.

VerDate Sep<11>2014

17:07 Sep 16, 2021

Jkt 253001

sets out measurable goals for lending, investment, and services, as applicable, to achieve a satisfactory or outstanding rating. The bank would develop a strategic plan with community input and the plan would be approved by the banks primary regulator.
DOICP. Under the proposal MLA
and SCRA violations would not be included in the proposed rules enumerated list of violations considered in evaluating banks CRA performance.
Nonetheless, examiners would continue to consider these violations in banks CRA performance evaluations based on guidance that predated the June 2020
Rule.67
Retail and CD Activities. Examiners would evaluate banks CRA
performance based on retail lending i.e., home mortgage loans, small business loans, small farm loans, and consumer loans, as applicable and CD
loans, qualified investments, and CD
services as defined in the proposed rules and considered in the applicable performance tests and standards.
Assessment Areas.
Banks would delineate assessment areas that generally D Include the geographies i.e., census tracts where a bank has its main office, branches, and deposit-taking automated teller machines as well as the surrounding geographies where the bank has originated or purchased a substantial portion of its loans; and D Consist of one or more MSAs, metropolitan divisions, or political subdivisions with banks permitted to adjust the boundaries of their assessment areas to include only the portion of the political subdivision that banks can reasonably be expected to serve; and Assessment areas would be required to D Consist of whole geographies, D Not reflect illegal discrimination, D Not arbitrarily exclude LMI
geographies, and D Not extend substantially beyond an MSA or State boundary unless the banks assessment area is in a multistate MSA.
Data collection, recordkeeping, and reporting.
Banks other than small banks would collect, maintain, and report certain data related to small business loans, small farm loans, CD loans, and assessment areas. Banks subject to the Home Mortgage Disclosure Act HMDA
reporting requirements 68 also would report home mortgage lending outside of 67 See 68 12

PO 00000

supra note 53.
CFR part 1003.

Frm 00008

Fmt 4701

Sfmt 4702

the MSAs where the bank has a home or branch office. The proposed rules also would include certain optional data collection and reporting.
The proposal would reinstate additional public file and public notice requirements eliminated under the June 2020 Rule regarding the content of the public file and the location of the public file and public notices.
Ratings. Examiners would determine ratings as provided in proposed Appendix A.
IV. Transition Considerations As discussed above, the June 2020
Rule included a transition provision, effective October 1, 2020, to provide for an orderly move to the new regulatory framework. As a result, many aspects of the 1995 Rules remain in effect, limiting the potential disruption associated with the proposed reversion to CRA rules based on the 1995 Rules. Therefore, the OCC is considering an effective date of January 1, 2022, for any final rules, provided they are published by December 1, 2021. A January 1, 2022, effective date would provide all stakeholders with certainty regarding the applicable rules and would eliminate the need for banks to continue to expend resources developing new systems necessary for compliance with the June 2020 Rule.
The OCC recognizes that banks have relied in part on the June 2020 Rule in planning for their ongoing compliance with the CRA. Following publication of any final rules pertaining to this proposal, banks would have a minimum of 30 days, as required by the Administrative Procedures Act,69 before they would be required to comply with most of the provisions described in the proposed rules. However, given the partial implementation of the June 2020
Rule, its replacement would result in certain changes to the regulatory framework that impact, among other things, how banks would be evaluated and what activities would receive consideration in CRA examinations. The OCC proposes to address such considerations, as discussed below.70
While the proposal does not include particular transition provisions in the proposed rule text, the OCC invites comment on whether, for purposes of any final rules the OCC should amend the proposed rule text to address any or all of the following transition issues.
69 Public Law 79404, 60 Stat. 237 1946, codified at 5 U.S.C. 500 et seq.
70 Information related to the June 2020 Rule implementation is discussed in Section II.C.

E:FRFM17SEP2.SGM

17SEP2