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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules
2 Providing that the OCC takes that record into account in considering certain applications.
c Scope1 General. This part applies to all banks except as provided in paragraphs c2 and 3 of this section.
2 Federal branches and agencies. i This part applies to all insured Federal branches and to any Federal branch that is uninsured that results from an acquisition described in section 5a8
of the International Banking Act of 1978
12 U.S.C. 3103a8.
ii Except as provided in paragraph c2i of this section, this part does not apply to Federal branches that are uninsured, limited Federal branches, or Federal agencies, as those terms are defined in part 28 of this chapter.
3 Certain special purpose banks.
This part does not apply to special purpose banks that do not perform commercial or retail banking services by granting credit to the public in the ordinary course of business, other than as incident to their specialized operations. These banks include bankers banks, as defined in 12 U.S.C.
24 Seventh, and banks that engage only in one or more of the following activities: Providing cash management controlled disbursement services or serving as correspondent banks, trust companies, or clearing agents.
25.12

Definitions.

For purposes of this part, the following definitions apply:
a Affiliate means any company that controls, is controlled by, or is under common control with another company.
The term control has the meaning given to that term in 12 U.S.C.
1841a2, and a company is under common control with another company if both companies are directly or indirectly controlled by the same company.
b Area median income means:
1 The median family income for the MSA, if a person or geography is located in an MSA, or for the metropolitan division, if a person or geography is located in an MSA that has been subdivided into metropolitan divisions;
or 2 The statewide nonmetropolitan median family income, if a person or geography is located outside an MSA.
c Assessment area means a geographic area delineated in accordance with 25.41.
d Automated teller machine ATM
means an automated, unstaffed banking facility owned or operated by, or operated exclusively for, the bank at which deposits are received, cash dispersed, or money lent.

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e Bank means a national bank including a Federal branch as defined in part 28 of this chapter with Federally insured deposits, except as provided in 25.11c.
f Branch means a staffed banking facility authorized as a branch, whether shared or unshared, including, for example, a mini-branch in a grocery store or a branch operated in conjunction with any other local business or nonprofit organization.
g Community development means:
1 Affordable housing including multifamily rental housing for lowor moderate-income individuals;
2 Community services targeted to lowor moderate-income individuals;
3 Activities that promote economic development by financing businesses or farms that meet the size eligibility standards of the Small Business Administrations Development Company or Small Business Investment Company programs 13 CFR 121.301 or have gross annual revenues of $1
million or less; or 4 Activities that revitalize or stabilize i Low-or moderate-income geographies;
ii Designated disaster areas; or iii Distressed or underserved nonmetropolitan middle-income geographies designated by the Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, and OCC, based on A Rates of poverty, unemployment, and population loss; or B Population size, density, and dispersion. Activities revitalize and stabilize geographies designated based on population size, density, and dispersion if they help to meet essential community needs, including needs of lowand moderate-income individuals.
h Community development loan means a loan that:
1 Has as its primary purpose community development; and 2 Except in the case of a wholesale or limited purpose bank:
i Has not been reported or collected by the bank or an affiliate for consideration in the banks assessment as a home mortgage, small business, small farm, or consumer loan, unless the loan is for a multifamily dwelling as defined in 1003.2n of this title; and ii Benefits the banks assessment areas or a broader statewide or regional area that includes the banks assessment areas.
i Community development service means a service that:
1 Has as its primary purpose community development;
2 Is related to the provision of financial services; and
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3 Has not been considered in the evaluation of the banks retail banking services under 25.24d.
j Consumer loan means a loan to one or more individuals for household, family, or other personal expenditures.
A consumer loan does not include a home mortgage, small business, or small farm loan. Consumer loans include the following categories of loans:
1 Motor vehicle loan, which is a consumer loan extended for the purchase of and secured by a motor vehicle;
2 Credit card loan, which is a line of credit for household, family, or other personal expenditures that is accessed by a borrowers use of a credit card, as this term is defined in 1026.2 of this title;
3 Other secured consumer loan, which is a secured consumer loan that is not included in one of the other categories of consumer loans; and 4 Other unsecured consumer loan, which is an unsecured consumer loan that is not included in one of the other categories of consumer loans.
k Geography means a census tract delineated by the United States Bureau of the Census in the most recent decennial census.
l Home mortgage loan means a closed-end mortgage loan or an openend line of credit as these terms are defined under 1003.2 of this title, and that is not an excluded transaction under 1003.3c1 through 10 and 13 of this title.
m Income level includes:
1 Low-income, which means an individual income that is less than 50
percent of the area median income, or a median family income that is less than 50 percent, in the case of a geography.
2 Moderate-income, which means an individual income that is at least 50
percent and less than 80 percent of the area median income, or a median family income that is at least 50 and less than 80 percent, in the case of a geography.
3 Middle-income, which means an individual income that is at least 80
percent and less than 120 percent of the area median income, or a median family income that is at least 80 and less than 120 percent, in the case of a geography.
4 Upper-income, which means an individual income that is 120 percent or more of the area median income, or a median family income that is 120
percent or more, in the case of a geography.
n Limited purpose bank means a bank that offers only a narrow product line such as credit card or motor vehicle loans to a regional or broader market and for which a designation as
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