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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules
ii Within five calendar days of the request, all the information in the public file relating to the assessment area in which the branch is located.
d Copies. Upon request, a bank shall provide copies, either on paper or in another form acceptable to the person making the request, of the information in its public file. The bank may charge a reasonable fee not to exceed the cost of copying and mailing if applicable.
e Updating. Except as otherwise provided in this section, a bank shall ensure that the information required by this section is current as of April 1 of each year.
25.44

Public notice by banks.

A bank shall provide in the public lobby of its main office and each of its branches the appropriate public notice set forth in appendix B of this part. Only a branch of a bank having more than one assessment area shall include the bracketed material in the notice for branch offices. Only a bank that is an affiliate of a holding company shall include the next to the last sentence of the notices. A bank shall include the last sentence of the notices only if it is an affiliate of a holding company that is not prevented by statute from acquiring additional banks.
25.45 Publication of planned examination schedule.

The OCC publishes at least 30 days in advance of the beginning of each calendar quarter a list of banks scheduled for CRA examinations in that quarter.
Subpart D Reserved Subpart EProhibition Against Use of Interstate Branches Primarily for Deposit Production 25.61

Purpose and scope.

a Purpose. The purpose of this subpart is to implement section 109 12
U.S.C. 1835a of the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 Interstate Act.
b Scope. 1 This subpart applies to any national bank that has operated a covered interstate branch for a period of at least one year, and any foreign bank that has operated a covered interstate branch that is a Federal branch for a period of at least one year.
2 This subpart describes the requirements imposed under 12 U.S.C.
1835a, which requires the appropriate Federal banking agencies the OCC, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation to prescribe uniform rules that prohibit a bank from using any authority to engage in
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interstate branching pursuant to the Interstate Act, or any amendment made by the Interstate Act to any other provision of law, primarily for the purpose of deposit production.
25.62

Definitions.

For purposes of this subpart, the following definitions apply:
a Bank means, unless the context indicates otherwise:
1 A national bank; and 2 A foreign bank as that term is defined in 12 U.S.C. 31017 and 12 CFR
28.11i.
b Covered interstate branch means:
1 Any branch of a national bank, and any Federal branch of a foreign bank, that:
i Is established or acquired outside the banks home State pursuant to the interstate branching authority granted by the Interstate Act or by any amendment made by the Interstate Act to any other provision of law; or ii Could not have been established or acquired outside of the banks home State but for the establishment or acquisition of a branch described in paragraph b1i of this section; and 2 Any bank or branch of a bank controlled by an out-of-State bank holding company.
c Federal branch means Federal branch as that term is defined in 12
U.S.C. 31016 and 12 CFR 28.11i.
d Home State means:
1 With respect to a State bank, the State that chartered the bank;
2 With respect to a national bank, the State in which the main office of the bank is located;
3 With respect to a bank holding company, the State in which the total deposits of all banking subsidiaries of such company are the largest on the later of:
i July 1, 1966; or ii The date on which the company becomes a bank holding company under the Bank Holding Company Act;
4 With respect to a foreign bank:
i For purposes of determining whether a U.S. branch of a foreign bank is a covered interstate branch, the home State of the foreign bank as determined in accordance with 12 U.S.C. 3103c and 12 CFR 28.11o; and ii For purposes of determining whether a branch of a U.S. bank controlled by a foreign bank is a covered interstate branch, the State in which the total deposits of all banking subsidiaries of such foreign bank are the largest on the later of:
A July 1, 1966; or B The date on which the foreign bank becomes a bank holding company under the Bank Holding Company Act.

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e Host State means a State in which a covered interstate branch is established or acquired.
f Host state loan-to-deposit ratio generally means, with respect to a particular host state, the ratio of total loans in the host state relative to total deposits from the host state for all banks including institutions covered under the definition of bank in 12 U.S.C.
1813a1 that have that state as their home state, as determined and updated periodically by the appropriate Federal banking agencies and made available to the public.
g Out-of-State bank holding company means, with respect to any State, a bank holding company whose home State is another State.
h State means state as that term is defined in 12 U.S.C. 1813a3.
i Statewide loan-to-deposit ratio means, with respect to a bank, the ratio of the banks loans to its deposits in a state in which the bank has one or more covered interstate branches, as determined by the OCC.
25.63

Loan-to-deposit ratio screen.

a Application of screen. Beginning no earlier than one year after a covered interstate branch is acquired or established, the OCC will consider whether the banks statewide loan-todeposit ratio is less than 50 percent of the relevant host State loan-to-deposit ratio.
b Results of screen. 1 If the OCC
determines that the banks statewide loan-to-deposit ratio is 50 percent or more of the host state loan-to-deposit ratio, no further consideration under this subpart is required.
2 If the OCC determines that the banks statewide loan-to-deposit ratio is less than 50 percent of the host state loan-to-deposit ratio, or if reasonably available data are insufficient to calculate the banks statewide loan-todeposit ratio, the OCC will make a credit needs determination for the bank as provided in 25.64.
25.64

Credit needs determination.

a In general. The OCC will review the loan portfolio of the bank and determine whether the bank is reasonably helping to meet the credit needs of the communities in the host state that are served by the bank.
b Guidelines. The OCC will use the following considerations as guidelines when making the determination pursuant to paragraph a of this section:
1 Whether covered interstate branches were formerly part of a failed or failing depository institution;
2 Whether covered interstate branches were acquired under
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