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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules b Lending, investment, and service tests. The OCC assigns a rating for a bank assessed under the lending, investment, and service tests in accordance with the following principles:
1 A bank that receives an outstanding rating on the lending test receives an assigned rating of at least satisfactory;
2 A bank that receives an outstanding rating on both the service test and the investment test and a rating of at least high satisfactory on the lending test receives an assigned rating of outstanding; and 3 No bank may receive an assigned rating of satisfactory or higher unless it receives a rating of at least low satisfactory on the lending test.
c Effect of evidence of discriminatory or other illegal credit practices. 1 The OCCs evaluation of a banks CRA performance is adversely affected by evidence of discriminatory or other illegal credit practices in any geography by the bank or in any assessment area by any affiliate whose loans have been considered as part of the banks lending performance. In connection with any type of lending activity described in 25.22a, evidence of discriminatory or other credit practices that violate an applicable law, rule, or regulation includes, but is not limited to:
i Discrimination against applicants on a prohibited basis in violation, for example, of the Equal Credit Opportunity Act or the Fair Housing Act;
ii Violations of the Home Ownership and Equity Protection Act;
iii Violations of section 5 of the Federal Trade Commission Act;
iv Violations of section 8 of the Real Estate Settlement Procedures Act; and v Violations of the Truth in Lending Act provisions regarding a consumers right of rescission.
2 In determining the effect of evidence of practices described in paragraph c1 of this section on the banks assigned rating, the OCC
considers the nature, extent, and strength of the evidence of the practices;
the policies and procedures that the bank or affiliate, as applicable has in place to prevent the practices; any corrective action that the bank or affiliate, as applicable has taken or has committed to take, including voluntary corrective action resulting from selfassessment; and any other relevant information.

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25.29 Effect of CRA performance on applications.

a CRA performance. Among other factors, the OCC takes into account the record of performance under the CRA of each applicant bank in considering an application for:
1 The establishment of a domestic branch;
2 The relocation of the main office or a branch;
3 Under the Bank Merger Act 12
U.S.C. 1828c, the merger or consolidation with or the acquisition of assets or assumption of liabilities of an insured depository institution; and 4 The conversion of an insured depository institution to a national bank charter.
b Charter application. An applicant other than an insured depository institution for a national bank charter shall submit with its application a description of how it will meet its CRA
objectives. The OCC takes the description into account in considering the application and may deny or condition approval on that basis.
c Interested parties. The OCC takes into account any views expressed by interested parties that are submitted in accordance with the OCCs procedures set forth in part 5 of this chapter in considering CRA performance in an application listed in paragraphs a and b of this section.
d Denial or conditional approval of application. A banks record of performance may be the basis for denying or conditioning approval of an application listed in paragraph a of this section.
e Insured depository institution. For purposes of this section, the term insured depository institution has the meaning given to that term in 12 U.S.C.
1813.
Subpart CRecords, Reporting, and Disclosure Requirements 25.41

Assessment area delineation.

a In general. A bank shall delineate one or more assessment areas within which the OCC evaluates the banks record of helping to meet the credit needs of its community. The OCC does not evaluate the banks delineation of its assessment areas as a separate performance criterion, but the OCC
reviews the delineation for compliance with the requirements of this section.
b Geographic areas for wholesale or limited purpose banks. The assessment areas for a wholesale or limited purpose bank must consist generally of one or more MSAs or metropolitan divisions using the MSA
or metropolitan division boundaries that
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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 bank has its main office, branches, and deposittaking ATMs.
c Geographic areas for other banks.
The assessment areas for a bank other than a wholesale or limited purpose bank 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 bank has its main office, its branches, and its deposit-taking ATMs, as well as the surrounding geographies in which the bank 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 bank chooses, such as those consumer loans on which the bank elects to have its performance assessed.
d Adjustments to geographic areas.
A bank 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 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 banks 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 banks 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 bank serves a geographic area that extends substantially beyond a state boundary, the bank shall delineate separate assessment areas for the areas in each state. If a bank serves a geographic area that extends substantially beyond an MSA boundary, the bank shall delineate separate assessment areas for the areas inside and outside the MSA.
f Banks serving military personnel.
Notwithstanding the requirements of this section, a bank whose business
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