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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules
investment, and service tests, the community development test, or the small savings association performance standards, as appropriate.
g Plan approval1 Timing. The appropriate Federal banking agency will act upon a plan within 60 calendar days after it receives the complete plan and other material required under paragraph e of this section. If the appropriate Federal banking agency fails to act within this time period, the plan shall be deemed approved unless the appropriate Federal banking agency extends the review period for good cause.
2 Public participation. In evaluating the plans goals, the appropriate Federal banking agency considers the publics involvement in formulating the plan, written public comment on the plan, and any response by the savings association to public comment on the plan.
3 Criteria for evaluating plan. The appropriate Federal banking agency evaluates a plans measurable goals using the following criteria, as appropriate:
i The extent and breadth of lending or lending-related activities, including, as appropriate, the distribution of loans among different geographies, businesses and farms of different sizes, and individuals of different income levels, the extent of community development lending, and the use of innovative or flexible lending practices to address credit needs;
ii The amount and innovativeness, complexity, and responsiveness of the savings associations qualified investments; and iii The availability and effectiveness of the savings associations systems for delivering retail banking services and the extent and innovativeness of the savings associations community development services.
h Plan amendment. During the term of a plan, a savings association may request the appropriate Federal banking agency to approve an amendment to the plan on grounds that there has been a material change in circumstances. The savings association shall develop an amendment to a previously approved plan in accordance with the public participation requirements of paragraph d of this section.
i Plan assessment. The appropriate Federal banking agency approves the goals and assesses performance under a plan as provided for in appendix A of this part.
195.28

Assigned ratings.

a Ratings in general. Subject to paragraphs b and c of this section,
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the appropriate Federal banking agency assigns to a savings association a rating of outstanding, satisfactory, needs to improve, or substantial noncompliance based on the savings associations performance under the lending, investment and service tests, the community development test, the small savings association performance standards, or an approved strategic plan, as applicable.
b Lending, investment, and service tests. The appropriate Federal banking agency assigns a rating for a savings association assessed under the lending, investment, and service tests in accordance with the following principles:
1 A savings association that receives an outstanding rating on the lending test receives an assigned rating of at least satisfactory;
2 A savings association 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 savings association 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 appropriate Federal banking agencys evaluation of a savings associations CRA performance is adversely affected by evidence of discriminatory or other illegal credit practices in any geography by the savings association or in any assessment area by any affiliate whose loans have been considered as part of the savings associations lending performance. In connection with any type of lending activity described in 195.22a, 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 savings associations assigned rating, the
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appropriate Federal banking agency considers the nature, extent, and strength of the evidence of the practices;
the policies and procedures that the savings association or affiliate, as applicable has in place to prevent the practices; any corrective action that the savings association or affiliate, as applicable has taken or has committed to take, including voluntary corrective action resulting from self-assessment;
and any other relevant information.
195.29 Effect of CRA performance on applications.

a CRA performance. Among other factors, the appropriate Federal banking agency takes into account the record of performance under the CRA of each applicant savings association, and for applications under section 10e of the Home Owners Loan Act 12 U.S.C.
1467ae, of each proposed subsidiary savings association, in considering an application for:
1 The establishment of a domestic branch or other facility that would be authorized to take deposits;
2 The relocation of the main office or a branch;
3 The merger or consolidation with or the acquisition of the assets or assumption of the liabilities of an insured depository institution requiring appropriate Federal banking agency approval under the Bank Merger Act 12
U.S.C. 1828c;
4 A Federal thrift charter; and 5 Acquisitions subject to section 10e of the Home Owners Loan Act 12
U.S.C. 1467ae.
b Charter application. An applicant for a Federal thrift charter shall submit with its application a description of how it will meet its CRA objectives. The appropriate Federal banking agency takes the description into account in considering the application and may deny or condition approval on that basis.
c Interested parties. The appropriate Federal banking agency takes into account any views expressed by interested parties that are submitted in accordance with the applicable comment procedures in considering CRA performance in an application listed in paragraphs a and b of this section.
d Denial or conditional approval of application. A savings associations 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
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