FDIC Approves Notice of Proposed Rulemaking to Rescind the 2023 Community Reinvestment Act Final Rule

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FDIC Financial Institution Letters › FDIC Approves Notice of Proposed Rulemaking to Rescind the 2023 Community Reinvestment Act Final Rule

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34086

Federal Register / Vol. 90, No. 136 / Friday, July 18, 2025 / Proposed Rules

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the

Currency

12 CFR Parts 24, 25, and 35

[Docket ID OCC–2025–0005]

RIN 1557–AF30

FEDERAL RESERVE SYSTEM

12 CFR Parts 207 and 228

Regulation BB

[Docket No. R–1869]

RIN 7100–AG95

FEDERAL DEPOSIT INSURANCE

CORPORATION

12 CFR Parts 345 and 346

RIN 3064–AG13

Community Reinvestment Act

Regulations

AGENCY: The Office of the Comptroller

of the Currency, Treasury; the Board of

Governors of the Federal Reserve

System; and the Federal Deposit

Insurance Corporation.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Office of the Comptroller

of the Currency (OCC), the Board of

Governors of the Federal Reserve

System (Board), and the Federal Deposit

Insurance Corporation (FDIC)

(collectively, the agencies) propose to

amend their Community Reinvestment

Act (CRA) regulations by rescinding the

final rule titled ‘‘Community

Reinvestment Act’’ published in the

Federal Register on February 1, 2024,

and replacing it with the agencies’ CRA

regulations in effect on March 29, 2024,

with certain conforming and technical

amendments. The agencies are also

proposing technical amendments to

their regulations implementing the CRA

sunshine requirements of the Federal

Deposit Insurance Act, and the OCC is

proposing technical amendments to its

Public Welfare Investments regulation.

DATES: Comments must be received on

or before August 18, 2025.

ADDRESSES: Comments should be

directed to the agencies as follows:

OCC: Commenters are encouraged to

submit comments through the Federal

eRulemaking Portal. Please use the title

‘‘Community Reinvestment Act

Regulations’’ to facilitate the

organization and distribution of the

comments. You may submit comments

by any of the following methods:

• Federal eRulemaking Portal—

Regulations.gov: Go to https://

regulations.gov

directed to the agencies as follows:

OCC: Commenters are encouraged to

submit comments through the Federal

eRulemaking Portal. Please use the title

‘‘Community Reinvestment Act

Regulations’’ to facilitate the

organization and distribution of the

comments. You may submit comments

by any of the following methods:

• Federal eRulemaking Portal—

Regulations.gov: Go to https://

regulations.gov. Enter ‘‘Docket ID OCC–

2025–0005’’ in the Search Box and click

‘‘Search.’’ Public comments can be

submitted via the ‘‘Comment’’ box

below the displayed document

information or by clicking on the

document title and then clicking the

‘‘Comment’’ box on the top-left side of

the screen. For help with submitting

effective comments please click on

‘‘Commenter’s Checklist.’’ For

assistance with the Regulations.gov site,

please call (877) 378–5457 (toll free) or

(703) 454–9859 Monday–Friday, 9 a.m.–

5 p.m. EST or email regulations@

erulemakinghelpdesk.com.

• Mail: Chief Counsel’s Office,

Attention: Comment Processing, Office

of the Comptroller of the Currency, 400

7th Street SW, suite 3E–218,

Washington, DC 20219.

• Hand Delivery/Courier: 400 7th

Street SW, suite 3E–218, Washington,

DC 20219.

Instructions: You must include

‘‘OCC’’ as the agency name and ‘‘Docket

ID OCC–2025–0005’’ in your comment.

In general, the OCC will enter all

comments received into the docket and

publish the comments on the

Regulations.gov website without

change, including any business or

personal information provided such as

name and address information, email

addresses, or phone numbers.

Comments received, including

attachments and other supporting

materials, are part of the public record

and subject to public disclosure. Do not

include any information in your

comment or supporting materials that

you consider confidential or

inappropriate for public disclosure

iness or

personal information provided such as

name and address information, email

addresses, or phone numbers.

Comments received, including

attachments and other supporting

materials, are part of the public record

and subject to public disclosure. Do not

include any information in your

comment or supporting materials that

you consider confidential or

inappropriate for public disclosure.

You may review comments and other

related materials that pertain to this

action by the following method:

• Viewing Comments Electronically—

Regulations.gov: Go to https://

regulations.gov. Enter ‘‘Docket ID OCC–

2025–0005’’ in the Search Box and click

‘‘Search.’’ Click on the ‘‘Documents’’ tab

and then the document’s title. After

clicking the document’s title, click the

‘‘Browse Comments’’ tab. Comments can

be viewed and filtered by clicking on

the ‘‘Sort By’’ drop-down on the right

side of the screen or the ‘‘Refine

Results’’ options on the left side of the

screen. Supporting materials can be

viewed by clicking on the ‘‘Documents’’

tab and filtered by clicking on the ‘‘Sort

By’’ drop-down on the right side of the

screen or the ‘‘Refine Documents

Results’’ options on the left side of the

screen.’’ For assistance with the

Regulations.gov site, please call (877)

378–5457 (toll free) or (703) 454–9859

Monday–Friday, 9 a.m.–5 p.m. EST or

email regulations@

erulemakinghelpdesk.com.

The docket may be viewed after the

close of the comment period in the same

manner as during the comment period.

Board: You may submit comments,

identified by Docket No. R–1869 and

RIN 7100–AG95, by any of the following

methods:

• Agency Website: https://

www.federalreserve.gov/apps/

proposals/. Follow the instructions for

submitting comments, including

attachments. Preferred Method.

• Mail: Ann E. Misback, Secretary,

Board of Governors of the Federal

Reserve System, 20th Street and

Constitution Avenue NW, Washington,

DC 20551.

• Hand Delivery/Courier: Same as

mailing address

, by any of the following

methods:

• Agency Website: https://

www.federalreserve.gov/apps/

proposals/. Follow the instructions for

submitting comments, including

attachments. Preferred Method.

• Mail: Ann E. Misback, Secretary,

Board of Governors of the Federal

Reserve System, 20th Street and

Constitution Avenue NW, Washington,

DC 20551.

• Hand Delivery/Courier: Same as

mailing address.

• Other Means: publiccomments@

frb.gov. You must include the docket

number in the subject line of the

message.

Comments received are subject to

public disclosure. In general, comments

received will be made available on the

Board’s website at https://

www.federalreserve.gov/apps/

proposals/ without change and will not

be modified to remove personal or

business information including

confidential, contact, or other

identifying information. Comments

should not include any information

such as confidential information that

would be not appropriate for public

disclosure. Public comments may also

be viewed electronically or in person in

Room M–4365A, 2001 C St. NW,

Washington, DC 20551, between 9 a.m.

and 5 p.m. during Federal business

weekdays.

FDIC: You may submit comments,

identified by RIN 3064–AG13, by any of

the following methods:

• Agency Website: https://

www.fdic.gov/resources/regulations/

federal-register-publications. Follow

instructions for submitting comments

on the agency website.

• Email: comments@fdic.gov. Include

RIN 3064–AG13 on the subject line of

the message.

• Mail: Jennifer M. Jones, Deputy

Executive Secretary, Attention:

Comments RIN 3064–AG13, Federal

Deposit Insurance Corporation, 550 17th

Street NW, Washington, DC 20429.

• Hand Delivery/Courier: Comments

may be hand delivered to the guard

station at the rear of the 550 17th Street

NW building (located on F Street NW)

on business days between 7 a.m. and 5

p.m

bject line of

the message.

• Mail: Jennifer M. Jones, Deputy

Executive Secretary, Attention:

Comments RIN 3064–AG13, Federal

Deposit Insurance Corporation, 550 17th

Street NW, Washington, DC 20429.

• Hand Delivery/Courier: Comments

may be hand delivered to the guard

station at the rear of the 550 17th Street

NW building (located on F Street NW)

on business days between 7 a.m. and 5

p.m.

Public Inspection: Comments

received, including any personal

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Federal Register / Vol. 90, No. 136 / Friday, July 18, 2025 / Proposed Rules

1 89 FR 6574 (Feb. 1, 2024).

2 89 FR 22060 (Mar. 29, 2024).

3 60 FR 22156 (May 4, 1995). The OCC reissued

its 1995 CRA regulation, as amended, with non-

substantive changes on December 15, 2021. See 86

FR 71328. For purposes of this SUPPLEMENTARY

INFORMATION, reference to the 1995 CRA regulations

includes the OCC’s 2021 CRA final rule.

4 See e.g., 70 FR 44256 (Aug. 2, 2005); 75 FR

61035 (Oct. 4, 2010); 82 FR 55734 (Nov. 24, 2017).

5 For purposes of this SUPPLEMENTARY

INFORMATION, the term ‘‘bank’’ includes insured

national banks, Federal and State savings

associations, and certain Federal branches of

foreign banks as defined in proposed 12 CFR 25.11;

insured State nonmember banks and certain insured

State branches of foreign banks as defined in 12

CFR 345.11; and State member banks and certain

uninsured State branches of foreign banks, as

defined in 12 CFR 228.11).

6 Public Law 95–128, 91 Stat. 1147 (1977)

(codified at 12 U.S.C. 2901 et seq. (as amended)).

7 12 U.S.C. 2901(a).

8 The CRA defines ‘‘regulated financial

institution,’’ to mean an insured depository

institution as defined in 12 U.S.C. 1813(c)(2). See

12 U.S.C. 2902(2).

9 12 U.S.C. 2901(b).

10 12 U.S.C. 2903(a)(1).

11 12 U.S.C. 2906(a).

12 12 U.S.C. 2903(a)(2).

13 12 U.S.C. 2905

28.11).

6 Public Law 95–128, 91 Stat. 1147 (1977)

(codified at 12 U.S.C. 2901 et seq. (as amended)).

7 12 U.S.C. 2901(a).

8 The CRA defines ‘‘regulated financial

institution,’’ to mean an insured depository

institution as defined in 12 U.S.C. 1813(c)(2). See

12 U.S.C. 2902(2).

9 12 U.S.C. 2901(b).

10 12 U.S.C. 2903(a)(1).

11 12 U.S.C. 2906(a).

12 12 U.S.C. 2903(a)(2).

13 12 U.S.C. 2905. Pursuant to Title III of the

Dodd-Frank Wall Street Reform and Consumer

Protection Act, Public Law 111–203, 124 Stat. 1376,

1522 (2010), the OTS’s CRA rulemaking authority

for all savings associations transferred to the OCC

and the OTS’s CRA supervisory authority for State

savings associations transferred to the FDIC. As a

result, the OCC’s CRA regulation applies to both

State and Federal savings associations, in addition

to national banks, and the FDIC enforces the OCC’s

CRA regulation with respect to State savings

associations.

14 43 FR 47144 (Oct. 12, 1978).

information provided, may be posted

without change to https://www.fdic.gov/

resources/regulations/federal-register-

publications. Commenters should

submit only information that the

commenter wishes to make available

publicly. The FDIC may review, redact,

or refrain from posting all or any portion

of any comment that it may deem to be

inappropriate for publication, such as

irrelevant or obscene material. The FDIC

may post only a single representative

example of identical or substantially

identical comments, and in such cases

will generally identify the number of

identical or substantially identical

comments represented by the posted

example. All comments that have been

redacted, as well as those that have not

been posted, that contain comments on

the merits of the notice will be retained

in the public comment file and will be

considered as required under all

applicable laws. All comments may be

accessible under the Freedom of

Information Act

of

identical or substantially identical

comments represented by the posted

example. All comments that have been

redacted, as well as those that have not

been posted, that contain comments on

the merits of the notice will be retained

in the public comment file and will be

considered as required under all

applicable laws. All comments may be

accessible under the Freedom of

Information Act.

FOR FURTHER INFORMATION CONTACT:

OCC: Heidi Thomas, Senior Counsel,

or Emily Boyes, Counsel, Chief

Counsel’s Office, (202) 649–5490; Onjil

T. McEachin, Director for CRA and Fair

Lending Policy, Office of the Chief

National Bank Examiner, (202) 649–

5470; or Chandni G. Ohri, Director for

Community Development, Office of

Community and Industry Relations,

(202) 649–6420, Office of the

Comptroller of the Currency, 400 7th

Street SW, Washington, DC 20219. If

you are deaf, hard of hearing, or have a

speech disability, please dial 7–1–1 to

access telecommunications relay

services.

Board: Amal Patel, Senior Counsel,

Jaydee DiGiovanni, Counsel, and Taz

George, Manager, Division of Consumer

and Community Affairs; Cody Gaffney,

Counsel, Legal Division; at (202) 452–

3000. For users of text telephone

systems (TTY) or any TTY-based

Telecommunications Relay Services,

please call 711 from any telephone,

anywhere in the United States.

FDIC: Cassandra Duhaney, Counsel,

Legal Division, cduhaney@fdic.gov;

Alys V. Brown, Senior Attorney, Legal

Division, alybrown@fdic.gov; Patience

R. Singleton, Senior Policy Analyst,

Supervisory Policy Branch, Division of

Depositor and Consumer Protection,

psingleton@fdic.gov; Kristopher M.

Rengert, Senior Policy Analyst,

Supervisory Policy Branch, Division of

Depositor and Consumer Protection,

krengert@fdic.gov, Federal Deposit

Insurance Corporation, 550 17th Street

NW, Washington, DC 20429.

SUPPLEMENTARY INFORMATION:

I

atience

R. Singleton, Senior Policy Analyst,

Supervisory Policy Branch, Division of

Depositor and Consumer Protection,

psingleton@fdic.gov; Kristopher M.

Rengert, Senior Policy Analyst,

Supervisory Policy Branch, Division of

Depositor and Consumer Protection,

krengert@fdic.gov, Federal Deposit

Insurance Corporation, 550 17th Street

NW, Washington, DC 20429.

SUPPLEMENTARY INFORMATION:

I. Introduction

The agencies are proposing to rescind

the CRA final rule issued on October 24,

2023, and published in the Federal

Register on February 1, 2024,1 as

subsequently amended 2 (2023 CRA

Final Rule). The agencies also are

proposing to replace the 2023 CRA Final

Rule with regulations adopted by the

agencies and the former Office of Thrift

Supervision (OTS) on May 4, 1995,3 as

amended,4 and as published in the

Electronic Code of Federal Regulations

(eCFR) as of March 29, 2024 (1995 CRA

regulations), with conforming

amendments to the agencies’ definition

of ‘‘small bank’’ and technical

amendments to the OCC’s definition of

‘‘small bank’’ and transition provisions.

The agencies are also proposing

technical amendments to their

regulations implementing the CRA

sunshine requirements of the Federal

Deposit Insurance Act, and the OCC is

proposing technical amendments to its

Public Welfare Investments regulation.

If adopted, the proposal would restore

certainty in the CRA framework for

stakeholders and limit regulatory

burden on banks,5 while ensuring that

banks continue to focus on the purpose

of the CRA.

As explained in greater detail below,

banks currently operate under the

framework of the 1995 CRA regulations.

Therefore, the agencies anticipate that

transition considerations associated

with the proposed recodification of the

1995 CRA regulations would be de

minimis. The agencies believe the

recodification of the 1995 CRA

regulations would best achieve the

agencies’ objectives at this time, as

discussed below.

II

below,

banks currently operate under the

framework of the 1995 CRA regulations.

Therefore, the agencies anticipate that

transition considerations associated

with the proposed recodification of the

1995 CRA regulations would be de

minimis. The agencies believe the

recodification of the 1995 CRA

regulations would best achieve the

agencies’ objectives at this time, as

discussed below.

II. Background

The CRA

Congress enacted the CRA 6 in 1977

based on its findings that: ‘‘(1) regulated

financial institutions are required by

law to demonstrate that their deposit

facilities serve the convenience and

needs of the communities in which they

are chartered to do business; (2) the

convenience and needs of communities

include the need for credit services as

well as deposit services; and (3)

regulated financial institutions have

continuing and affirmative obligation[s]

to help meet the credit needs of the

local communities in which they are

chartered.’’ 7 Accordingly, the purpose

of the CRA is to require the agencies to

encourage regulated financial

institutions 8 ‘‘to help meet the credit

needs of the local communities in

which they are chartered consistent

with the safe and sound operation of the

institutions.’’ 9

To achieve this purpose, the CRA

requires the agencies to ‘‘assess [an]

institution’s record of meeting the credit

needs of its entire community,

including low- and moderate-income

neighborhoods, consistent with the safe

and sound operation of such

institution.’’ 10 Upon completing this

assessment, the statute requires the

agencies to ‘‘prepare a written

evaluation of the institution’s record of

meeting the credit needs of its entire

community, including low- and

moderate-income neighborhoods.’’ 11

The statute further provides that each

agency must ‘‘take such record into

account in its evaluation of an

application for a deposit facility by such

institution.’’ 12

The Agencies’ Regulatory Framework

The CRA directs the agencies to

publish regulations to carry

itution’s record of

meeting the credit needs of its entire

community, including low- and

moderate-income neighborhoods.’’ 11

The statute further provides that each

agency must ‘‘take such record into

account in its evaluation of an

application for a deposit facility by such

institution.’’ 12

The Agencies’ Regulatory Framework

The CRA directs the agencies to

publish regulations to carry out the

purposes of the CRA.13 In general, the

agencies’ CRA regulations, first

promulgated in 1978, establish the

standards under which the agencies

evaluate banks’ CRA performance.14

The agencies’ 1995 CRA regulations

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Federal Register / Vol. 90, No. 136 / Friday, July 18, 2025 / Proposed Rules

15 See supra note 3.

16 For a complete discussion of the agencies’

actions with respect to amending their CRA

regulations, see the SUPPLEMENTARY INFORMATION

section of the 2023 CRA Final Rule, 89 FR at 6580.

17 On May 20, 2020, the OCC issued a final rule

to revise and update its CRA regulation. 85 FR

34734 (June 5, 2020). On December 15, 2021, the

OCC published a subsequent final rule that

rescinded its 2020 CRA regulation and replaced it

with a CRA regulation based on those that the

agencies jointly issued in 1995, as amended. See

supra note 3.

18 87 FR 33884 (June 3, 2022).

19 For a complete overview of the 2023 CRA Final

Rule, see the SUPPLEMENTARY INFORMATION section of

the rule, 89 FR at 6574–6579.

20 See supra note 2.

21 Complaint, Tex. Bankers Ass’n v. Office of the

Comptroller of the Currency, No. 2:24–cv–00025–Z

(N.D. Tex. Feb. 5, 2024), ECF No. 4.

22 Plaintiffs’ Motion for a Preliminary Injunction,

Tex. Bankers Ass’n v. Office of the Comptroller of

the Currency, No. 2:24–cv–00025–Z (N.D. Tex. Feb.

9, 2024), ECF No. 19.

23 Tex. Bankers Ass’n v. Office of the Comptroller

of the Currency, 728 F. Supp. 3d 412 (N.D. Tex

x. Bankers Ass’n v. Office of the

Comptroller of the Currency, No. 2:24–cv–00025–Z

(N.D. Tex. Feb. 5, 2024), ECF No. 4.

22 Plaintiffs’ Motion for a Preliminary Injunction,

Tex. Bankers Ass’n v. Office of the Comptroller of

the Currency, No. 2:24–cv–00025–Z (N.D. Tex. Feb.

9, 2024), ECF No. 19.

23 Tex. Bankers Ass’n v. Office of the Comptroller

of the Currency, 728 F. Supp. 3d 412 (N.D. Tex.

2024).

24 Defendants’ Notice of Appeal, Tex. Bankers

Ass’n v. Office of the Comptroller of the Currency,

No. 2:24–cv–00025–Z (N.D. Tex. Apr. 18, 2024),

ECF No. 79.

25 Defendants-Appellants’ Unopposed Motion to

Stay Pending Completion of New Rulemaking

Proceedings, Tex. Bankers Ass’n v. Bd. of Governors

of the Fed. Reserve Sys., No. 24–10367 (5th Cir.

Mar. 28, 2025), ECF No. 165.

26 See OCC, ‘‘Agencies Announce Intent to

Rescind 2023 Community Reinvestment Act Final

Rule’’ (Mar. 28, 2025), https://www.occ.treas.gov/

news-issuances/news-releases/2025/nr-ia-2025-

26.html; Board, ‘‘Agencies Announce Intent to

Rescind 2023 Community Reinvestment Act Final

Rule’’ (Mar. 28, 2025), https://

www.federalreserve.gov/newsevents/pressreleases/

bcreg20250328a.htm; FDIC, ‘‘Agencies Announce

significantly revised and clarified the

1978 regulations.15 Periodically, the

agencies have jointly updated and

revised the 1995 CRA regulations with

minimal significant alterations to the

overall regulatory framework.16 The

OCC issued a separate CRA final rule in

May 2020, but rescinded it in December

2021.17

The 2023 CRA Final Rule

On May 5, 2022, the agencies issued

a joint notice of proposed rulemaking to

modernize their regulations

implementing the CRA.18 After

considering public comments received,

the agencies issued the 2023 CRA Final

Rule on October 24, 2023

the

overall regulatory framework.16 The

OCC issued a separate CRA final rule in

May 2020, but rescinded it in December

2021.17

The 2023 CRA Final Rule

On May 5, 2022, the agencies issued

a joint notice of proposed rulemaking to

modernize their regulations

implementing the CRA.18 After

considering public comments received,

the agencies issued the 2023 CRA Final

Rule on October 24, 2023.

Under the 2023 CRA Final Rule, as

fully implemented: 19

• Large banks (institutions with assets

of at least $2 billion as of December 31

in both of the prior two calendar years)

would be subject to four performance

tests: the Retail Lending Test; the Retail

Services and Products Test; the

Community Development Financing

Test; and the Community Development

Services Test.

• Intermediate banks (institutions

with assets of at least $600 million as of

December 31 in both of the prior two

calendar years and less than $2 billion

as of December 31 in either of the prior

two calendar years) would be subject to

two performance tests: the Retail

Lending Test and the Intermediate Bank

Community Development Test.

• Small banks (institutions with

assets less than $600 million as of

December 31 in either of the prior two

calendar years) would be subject to the

Small Bank Lending Test.

• Limited purpose banks (institutions

that do not extend closed-end home

mortgage loans, small business loans,

small farm loans, or automobile loans to

customers, except on an incidental and

accommodation basis) would be subject

to the Community Development

Financing Test for Limited Purpose

Banks.

• Generally, banks operating under an

approved strategic plan would be

subject to the same performance tests

they would have been subject to in the

absence of a plan; the plan itself could

include additions or modifications to

tailor the applicable performance tests

to the bank’s business model

asis) would be subject

to the Community Development

Financing Test for Limited Purpose

Banks.

• Generally, banks operating under an

approved strategic plan would be

subject to the same performance tests

they would have been subject to in the

absence of a plan; the plan itself could

include additions or modifications to

tailor the applicable performance tests

to the bank’s business model.

• The agencies would continue to

evaluate banks’ performance in the areas

surrounding their main office, branches,

or deposit-taking remote service

facilities (i.e., facility-based assessment

areas). In addition, the agencies would

evaluate the retail lending performance

of certain large banks in areas outside

their facility-based assessment areas

where they have concentrations of retail

loans (i.e., retail lending assessment

areas) and the retail lending

performance of large banks and certain

intermediate and small banks in the

nationwide area outside their facility-

based assessment areas and retail

lending assessment areas (i.e., outside

retail lending areas). Further, the

agencies would consider community

development loans, community

development investments, and

community development services both

inside and outside of a bank’s facility-

based assessment areas.

• Large banks would be required to

collect, maintain, and report certain

data to enable evaluation under the

applicable performance tests

t areas (i.e., outside

retail lending areas). Further, the

agencies would consider community

development loans, community

development investments, and

community development services both

inside and outside of a bank’s facility-

based assessment areas.

• Large banks would be required to

collect, maintain, and report certain

data to enable evaluation under the

applicable performance tests.

• With respect to community

development:

Æ The rule specified in detail the

categories of bank activities that would

qualify for CRA consideration as a

community development loan,

community development investment, or

community development service;

Æ The agencies would provide an

illustrative, non-exhaustive list of

examples of loans, investments, and

services that qualify for community

development consideration and a

process for banks to inquire whether a

particular loan, investment, or service is

eligible for consideration; and

Æ The agencies would consider

impact and responsiveness factors when

evaluating a bank’s community

development loans, community

development investments, and

community development services.

As adopted, the 2023 CRA Final Rule

would have become effective on April 1,

2024; however, most substantive

provisions of the rule would not have

become applicable until January 1,

2026, or January 1, 2027. During this

transition period, the 2023 CRA Final

Rule specified that the 1995 CRA

regulations, as reproduced in Appendix

G of the 2023 CRA Final Rule, would

remain applicable.

On March 21, 2024, the agencies

issued a supplemental rule to the 2023

CRA Final Rule.20 The supplemental

rule extended the applicability dates of

the facility-based assessment area and

public file provisions of the 2023 CRA

Final Rule from April 1, 2024, to

January 1, 2026. The supplemental rule

also included some technical, non-

substantive amendments to the 2023

CRA Final Rule and related regulations

and corrected a citation to the OCC’s

CRA regulation

CRA Final Rule.20 The supplemental

rule extended the applicability dates of

the facility-based assessment area and

public file provisions of the 2023 CRA

Final Rule from April 1, 2024, to

January 1, 2026. The supplemental rule

also included some technical, non-

substantive amendments to the 2023

CRA Final Rule and related regulations

and corrected a citation to the OCC’s

CRA regulation.

Several plaintiffs jointly filed suit

against the agencies in the U.S. District

Court for the Northern District of Texas

challenging aspects of the 2023 CRA

Final Rule on February 5, 2024,21 and

subsequently requested a preliminary

injunction on February 9, 2024.22 On

March 29, 2024, the district court

granted plaintiffs’ request and enjoined

the agencies from enforcing the 2023

CRA Final Rule against the plaintiffs,

pending resolution of the litigation. The

district court’s order also extended the

2023 CRA Final Rule’s effective date of

April 1, 2024, along with all other

implementation dates, day for day for

each day the injunction remains in

place.23

On April 18, 2024, the agencies

appealed the district court’s preliminary

injunction to the U.S. Court of Appeals

for the Fifth Circuit.24 However, on

March 28, 2025, during the pendency of

the appeal, the agencies made an

unopposed motion to stay the appeal

pending completion of a new

rulemaking that would propose

rescinding the enjoined 2023 CRA Final

Rule and reinstating the CRA framework

that existed prior to the 2023 CRA Final

Rule.25 The agencies publicly

announced this intention the same

day.26 On April 1, 2025, the Fifth

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at would propose

rescinding the enjoined 2023 CRA Final

Rule and reinstating the CRA framework

that existed prior to the 2023 CRA Final

Rule.25 The agencies publicly

announced this intention the same

day.26 On April 1, 2025, the Fifth

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Federal Register / Vol. 90, No. 136 / Friday, July 18, 2025 / Proposed Rules

Intent to Rescind 2023 Community Reinvestment

Act Final Rule’’ (Mar. 28, 2025), https://

www.fdic.gov/news/press-releases/2025/agencies-

announce-intent-rescind-2023-community-

reinvestment-act-final.

27 Order, Tex. Bankers Ass’n v. Bd. of Governors

of the Fed. Reserve Sys., No. 24–10367 (5th Cir.

Apr. 1, 2025), ECF No. 174.

28 The agencies also note that a change in agency

priorities at the FDIC and OCC has taken place

since the agencies adopted the 2023 CRA Final

Rule.

29 See supra note 17.

30 See, e.g., Laurie Goodman, et al., ‘‘Under the

Current CRA Rules, Banks Earn Most of Their CRA

Credit through Community Development and

Single-Family Mortgage Lending,’’ Urban Institute

(July 9, 2020), https://www.urban.org/urban-wire/

under-current-cra-rules-banks-earn-most-their-cra-

credit-through-community-development-and-single-

family-mortgage-lending; Daniel Ringo, Board,

‘‘‘Revitalize or Stabilize’: Does Community

Development Financing Work?,’’ Finance and

Economics Discussion Series 2020–029 (Apr. 2020),

https://www.federalreserve.gov/econres/feds/files/

2020029pap.pdf.

Circuit granted the agencies’ motion.27

In light of this preliminary injunction,

the agencies are not supervising for, or

applying, any provisions of the 2023

CRA Final Rule.

III

Board,

‘‘‘Revitalize or Stabilize’: Does Community

Development Financing Work?,’’ Finance and

Economics Discussion Series 2020–029 (Apr. 2020),

https://www.federalreserve.gov/econres/feds/files/

2020029pap.pdf.

Circuit granted the agencies’ motion.27

In light of this preliminary injunction,

the agencies are not supervising for, or

applying, any provisions of the 2023

CRA Final Rule.

III. Proposed Rescission of 2023 CRA

Final Rule

The agencies’ reconsideration of the

2023 CRA Final Rule is precipitated

primarily by the uncertainty created by

the pending litigation.28 Specifically,

since the injunction was entered, the

agencies have observed confusion and

inconsistent understandings among

stakeholders regarding the status of the

CRA regulatory and supervisory

landscape.

Accordingly, the agencies have

reconsidered the status of the CRA

regulatory framework with two major

objectives in mind: (1) restoring

certainty in the CRA regulatory

framework for stakeholders; and (2)

limiting regulatory burden on banks.

Further, the agencies took into account

that any changes to the proposed CRA

regulatory framework must continue to

focus on the CRA’s purpose—

encouraging banks to help meet the

credit needs of the local communities in

which they are chartered consistent

with the safe and sound operation of the

banks. The agencies’ assessment of these

objectives, as well as additional

considerations that informed the

agencies’ reconsideration of the CRA

regulatory framework, are discussed

below.

Agency Objectives

Restoring Certainty. The agencies

believe that returning to the regulatory

framework established by the 1995 CRA

regulations is the most effective way to

provide certainty regarding the

applicable CRA requirements

of these

objectives, as well as additional

considerations that informed the

agencies’ reconsideration of the CRA

regulatory framework, are discussed

below.

Agency Objectives

Restoring Certainty. The agencies

believe that returning to the regulatory

framework established by the 1995 CRA

regulations is the most effective way to

provide certainty regarding the

applicable CRA requirements. Since the

issuance of the preliminary injunction

enjoining the 2023 CRA Final Rule, the

agencies’ observations are that not all

stakeholders understand whether they

should prepare to comply with the 2023

CRA Final Rule or even which

regulatory framework is currently

applicable. Proceeding with the

litigation, particularly given its early

stage, would maintain these uncertain

circumstances for an indefinite period

and would therefore be inconsistent

with the objective of restoring certainty

in the CRA regulatory framework.

The agencies also understand that

despite the fact that the 2023 CRA Final

Rule is now enjoined and might not go

into effect, banks might be devoting

resources toward preparing for the 2023

CRA Final Rule that could otherwise be

allocated toward helping to meet the

credit needs of banks’ communities.

Returning to the 1995 CRA regulations

at this time, in the agencies’ view,

would confirm for banks that they do

not need to allocate resources for this

purpose. Thus, this approach could

better facilitate the purpose of the

CRA—encouraging banks to meet the

credit needs of the local communities in

which they are chartered consistent

with the safe and sound operation of

those banks.

The agencies’ view that returning to

the framework established by the 1995

CRA regulations would best restore

certainty is also informed by the

circumstances preceding the litigation

ch could

better facilitate the purpose of the

CRA—encouraging banks to meet the

credit needs of the local communities in

which they are chartered consistent

with the safe and sound operation of

those banks.

The agencies’ view that returning to

the framework established by the 1995

CRA regulations would best restore

certainty is also informed by the

circumstances preceding the litigation.

The agencies have individually and

collectively engaged in several iterations

of information gatherings and CRA

rulemaking processes since 2018 aimed

at modernizing the CRA framework and

increasing the clarity and consistency of

CRA evaluations. These efforts have

resulted in a shifting CRA regulatory

landscape, in particular, for national

banks and savings associations.29 This

regulatory environment may have

affected the planning, development, and

management of banks’ CRA programs,

which can require multi-year strategies

to align qualifying activities with CRA

performance evaluation periods.

Continuing the litigation would prolong

the period during which banks will

need to consider impending changes in

the regulatory framework while

managing their CRA programs. Further,

if the litigation continues, banks may

need to anticipate and plan for potential

contingencies in which all or a part of

the 2023 CRA Final Rule could

eventually become applicable. In light

of this context, the agencies believe that

returning to the 1995 CRA regulations at

this time would restore much needed

certainty for banks and other

stakeholders.

Limiting Regulatory Burden. When

issuing the 2023 CRA Final Rule, the

agencies sought to balance the increased

regulatory burden imposed by the

revised framework with benefits

associated with the agencies’ policy

objectives for updating the CRA

framework. The agencies also

recognized that a subset of banks would

have additional regulatory requirements

under the 2023 CRA Final Rule relative

to the 1995 CRA regulations

n

issuing the 2023 CRA Final Rule, the

agencies sought to balance the increased

regulatory burden imposed by the

revised framework with benefits

associated with the agencies’ policy

objectives for updating the CRA

framework. The agencies also

recognized that a subset of banks would

have additional regulatory requirements

under the 2023 CRA Final Rule relative

to the 1995 CRA regulations.

Furthermore, all banks would have

incurred near-term costs associated with

reviewing the 2023 CRA Final Rule to

ensure that their policies; procedures;

and data collection, maintenance, and

reporting processes would be compliant.

In contrast, because banks are

currently subject to and examined under

the 1995 CRA regulations, the agencies

expect that any new regulatory burden

associated with recodifying those

regulations will be de minimis. Further,

the 1995 CRA regulations represent an

established regulatory framework that is

familiar to CRA stakeholders.30

Therefore, although the agencies’

reasons for modernizing the CRA

framework remain valid, the agencies

believe that replacing the 2023 CRA

Final Rule with the 1995 CRA

regulations would better limit overall

regulatory burden on banks at this time

given the totality of the circumstances.

For all the foregoing reasons, the

agencies believe that the need to restore

certainty and limit regulatory burden

supports the decision to propose

rescission of the 2023 CRA Final Rule

and recodify the 1995 CRA regulations.

Further, the agencies believe that

recodifying the 1995 CRA regulations

will continue to support the purpose of

the CRA.

Additional Agency Considerations

The following considerations also

informed the agencies’ review of the

CRA regulatory framework and the

proposal to return to the 1995 CRA

regulations.

Change in Policy. The agencies

acknowledge that rescinding the 2023

CRA Final Rule would represent a

change in policy

recodifying the 1995 CRA regulations

will continue to support the purpose of

the CRA.

Additional Agency Considerations

The following considerations also

informed the agencies’ review of the

CRA regulatory framework and the

proposal to return to the 1995 CRA

regulations.

Change in Policy. The agencies

acknowledge that rescinding the 2023

CRA Final Rule would represent a

change in policy. However, the agencies

note that many of the provisions in the

2023 CRA Final Rule were included in,

or substantially based on, the 1995 CRA

regulations or reflected existing agency

supervisory policies. With respect to

those provisions of the 2023 CRA Final

Rule, the proposal therefore does not

reflect a significant change in policy.

These provisions include: many aspects

of the regulatory definitions; facility-

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Federal Register / Vol. 90, No. 136 / Friday, July 18, 2025 / Proposed Rules

31 The agencies annually adjust the CRA asset-

size thresholds based on the annual percentage

change in a measure of the Consumer Price Index.

The bank asset-size thresholds set forth in this

proposed rule are accurate through December 31,

2025. See 89 FR 106480 (Dec. 30, 2024) (Board and

FDIC); OCC Bulletin 2024–36 (Dec. 23, 2024),

https://www.occ.treas.gov/news-issuances/

bulletins/2024/bulletin-2024-36.html (OCC).

based assessment areas; the Small Bank

Performance Test; the Intermediate

Bank Community Development Test; the

effect of CRA performance on

applications; the public file

requirements; the public notice

requirements; and some data collection,

maintenance, and reporting

requirements. Moreover, rescinding the

2023 CRA Final Rule and recodifying

the 1995 CRA regulations would not, in

practice, result in a change for banks

because the agencies are currently

applying the 1995 CRA regulations to

banks

effect of CRA performance on

applications; the public file

requirements; the public notice

requirements; and some data collection,

maintenance, and reporting

requirements. Moreover, rescinding the

2023 CRA Final Rule and recodifying

the 1995 CRA regulations would not, in

practice, result in a change for banks

because the agencies are currently

applying the 1995 CRA regulations to

banks.

Further, the agencies believe that any

reliance interests vested in the 2023

CRA Final Rule are as yet de minimis

because the rule was enjoined prior to

its effective and applicability dates. Put

simply, the 2023 CRA Final Rule has

never applied to any bank.

Transition Issues. The agencies

believe that transition considerations

associated with implementing the

proposal would likewise be de minimis.

The agencies currently evaluate bank

CRA performance under the 1995 CRA

regulations because the 2023 CRA Final

Rule never took effect. Therefore, the

agencies expect that a recodification of

the 1995 CRA regulations will have a

negligible transitional impact on all

CRA stakeholders.

Alternatives Considered

Although there are potential

alternatives to rescinding the 2023 CRA

Final Rule and returning to the 1995

CRA regulations, the agencies believe

that these alternatives do not best meet

the agencies’ objectives in reconsidering

the CRA framework at this time.

One alternative the agencies

considered was maintaining the 2023

CRA Final Rule. However, the agencies

believe that this alternative would be

unviable. As discussed above,

maintaining the 2023 CRA Final Rule

would potentially require continuing

with protracted litigation, thereby

extending the current uncertainty

related to the applicable CRA regulatory

framework. Ultimately, that litigation

could result in changes to or a voiding

of the 2023 CRA Final Rule, imposing

further uncertainty over an extended

period

native would be

unviable. As discussed above,

maintaining the 2023 CRA Final Rule

would potentially require continuing

with protracted litigation, thereby

extending the current uncertainty

related to the applicable CRA regulatory

framework. Ultimately, that litigation

could result in changes to or a voiding

of the 2023 CRA Final Rule, imposing

further uncertainty over an extended

period. As also discussed above, the

agencies believe that maintaining the

2023 CRA Final Rule could result in

banks expending resources to

implement the rule without knowing

whether all or part of the rule would

survive the legal challenge.

Another alternative the agencies

considered was proposing to replace the

2023 CRA Final Rule with a new CRA

framework that is materially different

from the framework contained in the

2023 CRA Final Rule. However,

proposing to establish a materially

revised framework would involve

undertaking an extensive regulatory

process, which would not be consistent

with the agencies’ objective of restoring

certainty in the near term. The agencies

believe that recodifying the 1995 CRA

regulations at this time would provide

a more predictable environment and

best position stakeholders to manage

any possible future regulatory

developments.

Lastly, the agencies reviewed the

option of proposing targeted

amendments to the 2023 CRA Final

Rule. However, the agencies considered

that, because the 2023 CRA Final Rule

is structured in a comprehensive,

layered format with interdependent

provisions, removing only certain

provisions would be incompatible with

the operational structure of the rule

sible future regulatory

developments.

Lastly, the agencies reviewed the

option of proposing targeted

amendments to the 2023 CRA Final

Rule. However, the agencies considered

that, because the 2023 CRA Final Rule

is structured in a comprehensive,

layered format with interdependent

provisions, removing only certain

provisions would be incompatible with

the operational structure of the rule. For

example, proposing to remove the retail

lending assessment area provision

would also require the agencies to

propose related changes to provisions

concerning: the Retail Lending Test

overall; outside retail lending areas;

affiliate lending; strategic plans; public

file requirements; appendix A of the

2023 CRA Final Rule (Calculations for

the Retail Lending Test); the manner in

which conclusions and ratings are

calculated for all applicable

performance tests under appendices C

and D; and data collection,

maintenance, and reporting

requirements.

Furthermore, by proposing to amend

the 2023 CRA Final Rule instead of

rescinding it and replacing it with the

1995 CRA regulations, an established

CRA framework, the agencies would be

embarking upon a potentially lengthy

period of rulemaking-related activities,

thereby continuing the uncertainty for

CRA stakeholders. Therefore, the

agencies do not believe that it is feasible

to amend the 2023 CRA Final Rule in a

way that meets the agencies’ objectives

of restoring certainty.

Accordingly, the agencies believe that

rescinding the entire 2023 CRA Final

Rule and recodifying the 1995 CRA

regulations is the best approach at this

time to accomplish the agencies’

objectives of restoring certainty and

limiting regulatory burden while

meeting the purpose of the CRA—

encouraging banks to help meet the

credit needs of the local communities in

which they are chartered consistent

with the safe and sound operation of

those banks.

IV

23 CRA Final

Rule and recodifying the 1995 CRA

regulations is the best approach at this

time to accomplish the agencies’

objectives of restoring certainty and

limiting regulatory burden while

meeting the purpose of the CRA—

encouraging banks to help meet the

credit needs of the local communities in

which they are chartered consistent

with the safe and sound operation of

those banks.

IV. Description of the Proposed Rule

The proposal would recodify the 1995

CRA regulations currently applicable to

banks, as published in the eCFR as of

March 29, 2024, with updated asset-size

thresholds for the definition of ‘‘small

bank’’ to reflect the agencies’ inflation

adjustments for 2025.31 (As described

elsewhere in this SUPPLEMENTARY

INFORMATION, the OCC’s proposed

regulatory text also includes technical

amendments to its definition of ‘‘small

bank’’ and its transition provisions.) As

such, the proposal includes the

provisions described below.

Standards for Assessing Performance

The proposal provides the following

different methods to evaluate a bank’s

CRA performance depending on bank

asset size and business strategy:

• Small banks that are not

intermediate small banks—defined as

banks with assets of less than $402

million as of December 31 of either of

the prior two calendar years—would be

evaluated under a lending test and may

receive an ‘‘Outstanding’’ rating based

only on their retail lending

performance. Qualified investments,

services, and delivery systems that

enhance credit availability in a bank’s

assessment areas may be considered for

an ‘‘Outstanding’’ rating, but only if the

bank meets or exceeds the lending test

criteria in the small bank performance

standards

evaluated under a lending test and may

receive an ‘‘Outstanding’’ rating based

only on their retail lending

performance. Qualified investments,

services, and delivery systems that

enhance credit availability in a bank’s

assessment areas may be considered for

an ‘‘Outstanding’’ rating, but only if the

bank meets or exceeds the lending test

criteria in the small bank performance

standards.

• Intermediate small banks—defined

as small banks with assets of at least

$402 million as of December 31 of both

of the prior two calendar years and less

than $1.609 billion as of December 31 of

either of the prior two calendar years—

would be evaluated under the lending

test for small banks and a community

development test. The intermediate

small bank community development

test would evaluate all community

development activities combined.

• Large banks—those banks with

assets of at least $1.609 billion as of

December 31 of both of the prior two

calendar years—would be evaluated

under separate lending, investment, and

service tests. The lending and service

tests would consider both retail and

community development activities, and

the investment test would focus on

qualified investments. To facilitate the

agencies’ CRA analysis, large banks

would be required to report annually

certain data on community development

loans, small business loans, and small

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ies, and

the investment test would focus on

qualified investments. To facilitate the

agencies’ CRA analysis, large banks

would be required to report annually

certain data on community development

loans, small business loans, and small

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Federal Register / Vol. 90, No. 136 / Friday, July 18, 2025 / Proposed Rules

32 See proposed 12 CFR __.21(b).

33 See proposed 12 CFR __.21(d).

34 See proposed 12 CFR __.28(a) and (b).

35 See proposed 12 CFR __.28(c).

36 Political subdivisions include cities, counties,

towns, townships, and Indian reservations. See § _

_.41(c)(1)—1, Interagency Questions and Answers

Regarding Community Reinvestment, 81 FR 48506

(July 25, 2016).

37 See proposed 12 CFR 25.41(c)(2) (OCC);

proposed 12 CFR 228.41(c)(2) (Board).

38 See proposed 12 CFR 345.41(c)(2) (FDIC).

39 See proposed 12 CFR __.41.

40 See proposed 12 CFR __.41.

41 See proposed 12 CFR __.12(j), (l), (v), and (w).

42 See generally proposed 12 CFR __.21 through

__.27; see also proposed 12 CFR __.24(d).

43 See proposed 12 CFR __.12(g), (h), (i), and (t);

see also proposed 12 CFR __.21 through __.27.

44 See proposed 12 CFR __.29. The covered

applications are aligned with the definition of

‘‘application for a deposit facility’’ found in 12

U.S.C. 2902(3).

45 See proposed 12 CFR __.42.

46 See proposed 12 CFR __.43.

47 See proposed 12 CFR __.44.

48 12 U.S.C. 2903(b) and (d).

49 See proposed 12 CFR __.21(e) and (f).

50 See proposed 12 CFR __.45.

51 See proposed 12 CFR __.51.

farm loans. Small banks and

intermediate small banks would not be

required to report these data unless they

opt into being evaluated under the large

bank lending tests

45 See proposed 12 CFR __.42.

46 See proposed 12 CFR __.43.

47 See proposed 12 CFR __.44.

48 12 U.S.C. 2903(b) and (d).

49 See proposed 12 CFR __.21(e) and (f).

50 See proposed 12 CFR __.45.

51 See proposed 12 CFR __.51.

farm loans. Small banks and

intermediate small banks would not be

required to report these data unless they

opt into being evaluated under the large

bank lending tests.

• Designated wholesale banks (those

engaged in only incidental retail

lending) and limited purposes banks

(those offering a narrow product line to

a regional or broader market) would be

evaluated under a standalone

community development test.

• Banks of any size could elect to be

evaluated under a strategic plan that

sets out measurable, annual goals for

lending, investment, and service

activities to achieve a ‘‘Satisfactory’’ or

an ‘‘Outstanding’’ rating. A strategic

plan would need to be developed with

community input and approved by the

appropriate Federal financial

supervisory agency.

The proposal provides that the

agencies could also consider applicable

performance context information to

develop their analyses and conclusions

when conducting CRA examinations.32

Performance context would comprise a

broad range of economic, demographic,

and bank- and community-specific

information that examiners review to

calibrate a bank’s CRA evaluation to its

communities. Consistent with the

statute, the proposed regulations would

not require banks to make loans or

investments or to provide services that

are inconsistent with safe and sound

operations.33

Assigned Ratings

In general, the agencies would assign

banks’ CRA ratings under the applicable

performance tests and standards (e.g.,

for large banks, the lending, investment,

and service tests).34 The evaluation of a

bank’s CRA performance would be

adversely affected by evidence of

discriminatory or other illegal credit

practices.35

Assessment Areas

The proposal would require a bank to

delineate one or more assessment areas

in which

ssign

banks’ CRA ratings under the applicable

performance tests and standards (e.g.,

for large banks, the lending, investment,

and service tests).34 The evaluation of a

bank’s CRA performance would be

adversely affected by evidence of

discriminatory or other illegal credit

practices.35

Assessment Areas

The proposal would require a bank to

delineate one or more assessment areas

in which the bank’s record of meeting

its CRA obligations is evaluated.

Specifically, the proposed regulatory

text would require a bank to delineate

assessment areas generally consisting of

(1) one or more metropolitan statistical

areas (MSAs) or metropolitan divisions

or (2) one or more contiguous political

subdivisions 36 in which the bank has its

main office, branches, and, as

applicable, deposit-taking automated

teller machines (ATMs) 37 or remote

service facilities (RSFs),38 as well as the

surrounding geographies 39 (i.e., census

tracts) in which the bank has originated

or purchased a substantial portion of its

loans (including home mortgage loans,

small business loans, small farm loans,

and any other loans the bank chooses,

such as consumer loans, on which the

bank elects to have its performance

assessed).40

Qualifying Activities

The proposal, along with the

Interagency Questions and Answers

Regarding Community Reinvestment,

provide detailed information, including

applicable definitions and descriptions,

regarding activities that are eligible for

CRA consideration in the evaluation of

a bank’s CRA performance

h as consumer loans, on which the

bank elects to have its performance

assessed).40

Qualifying Activities

The proposal, along with the

Interagency Questions and Answers

Regarding Community Reinvestment,

provide detailed information, including

applicable definitions and descriptions,

regarding activities that are eligible for

CRA consideration in the evaluation of

a bank’s CRA performance. Banks that

are evaluated under a performance test

that includes a review of their retail

activities would be assessed in

connection with retail lending activity

(e.g., home mortgage loans, small

business loans, small farm loans, and

consumer loans) 41 and, where

applicable, retail banking service

activities (e.g., the current distribution

of a bank’s branches in geographies of

different income levels, and the

availability and effectiveness of the

bank’s alternative systems for delivering

banking services to low- and moderate-

income geographies and individuals).42

Banks evaluated under a performance

test that includes a review of their

community development activities

would be assessed with respect to

community development lending,

qualified investments, and community

development services, which must have

a primary purpose of community

development.43

Other Provisions

The proposal also includes the

following provisions:

• The agencies would be required to

consider the effect of a bank’s CRA

performance on certain banking

applications.44 In connection with a

banking application, interested parties

could submit comments regarding the

bank’s CRA performance. Furthermore,

a bank’s CRA performance could be the

basis for denying or conditioning

approval of such applications.

• A bank would be required to

collect, maintain, and report certain

data to enable agencies to evaluate its

CRA performance.45 Small banks and

intermediate small banks would

generally be exempt from these

requirements

d submit comments regarding the

bank’s CRA performance. Furthermore,

a bank’s CRA performance could be the

basis for denying or conditioning

approval of such applications.

• A bank would be required to

collect, maintain, and report certain

data to enable agencies to evaluate its

CRA performance.45 Small banks and

intermediate small banks would

generally be exempt from these

requirements.

• A bank would be required to

maintain certain information related to

CRA performance in its public file.46

The proposed public file provision

specifies what information must be

included, where information in the

public file must be made available for

public inspection, and the provision of

copies.

• A bank would be required to

maintain the proposed public notice

contained in appendix B in the public

lobby of its main office and in each of

its branches.47

• As required by the CRA,48 a bank

could receive positive CRA

consideration for low-cost education

loans provided to low-income borrowers

and activities in cooperation with

minority- or women-owned financial

institutions and low-income credit

unions.49

• The agencies would be required to

publish a schedule of planned CRA

examinations.50

OCC Provisions

As in the OCC’s 1995 CRA regulation,

the proposal includes provisions that

apply only to the OCC. Specifically, the

proposed OCC regulation includes two

transition provisions that have been

applicable since January 1, 2022, the

effective date of the OCC’s 2021 CRA

final rule, with technical corrections.

First, in assessing a bank’s performance,

the OCC would consider any

investment, loan, or service that is

eligible for CRA consideration at the

time the bank conducted the activity.51

Second, a strategic plan in effect as of

December 31, 2021, would remain in

effect, except that provisions of the plan

that are not consistent with the OCC’s

CRA regulation in effect as of January 1,

2022, are void, unless amended

nk’s performance,

the OCC would consider any

investment, loan, or service that is

eligible for CRA consideration at the

time the bank conducted the activity.51

Second, a strategic plan in effect as of

December 31, 2021, would remain in

effect, except that provisions of the plan

that are not consistent with the OCC’s

CRA regulation in effect as of January 1,

2022, are void, unless amended. These

transition provisions are necessary

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52 See supra note 3.

53 See 12 CFR 208.7 (Board); 12 CFR part 369

(FDIC).

54 Codified at 12 U.S.C. 1831y.

55 12 CFR parts 35 (OCC); 12 CFR 207 (Regulation

G) (Board); and 12 CFR 346 (FDIC).

56 The Board’s public welfare investment

regulation does not cite to its CRA regulation and

thus does not need to be amended. See 12 CFR

208.22. The FDIC does not have public welfare

investment regulations.

57 The agencies note that they are currently

engaged in the review of all their regulations under

the Economic Growth and Regulatory Paperwork

Reduction Act (EGRPRA), 12 U.S.C. 3311, which, in

general, requires the agencies to conduct a review

of their regulations not less frequently than once

every 10 years to identify outdated or otherwise

unnecessary regulatory requirements imposed on

banks. As part of this review, the agencies are

requesting comment on their CRA regulations. See:

https://egrpra.ffiec.gov/federal-register-notices/

fedreg-index.html. The agencies generally expect to

consider any EGRPRA comments received on their

CRA regulations separately from this rulemaking.

58 Based on data accessed using the OCC’s

Financial Institutions Data Retrieval System on May

8, 2025

As part of this review, the agencies are

requesting comment on their CRA regulations. See:

https://egrpra.ffiec.gov/federal-register-notices/

fedreg-index.html. The agencies generally expect to

consider any EGRPRA comments received on their

CRA regulations separately from this rulemaking.

58 Based on data accessed using the OCC’s

Financial Institutions Data Retrieval System on May

8, 2025.

59 The OCC bases its estimate of the number of

small entities on the Small Business

Administration’s size thresholds for commercial

banks and savings institutions, and trust

companies, which are $850 million and $47

million, respectively. Consistent with the General

Principles of Affiliation, 13 CFR 121.103(a), the

OCC counted the assets of affiliated financial

institutions when determining if it should classify

an OCC-supervised institution as a small entity. The

OCC used average quarterly assets in 2024 to

determine size because a ‘‘financial institution’s

assets are determined by averaging the assets

reported on its four quarterly financial statements

for the preceding year.’’ See footnote 8 of the U.S.

Small Business Administration’s Table of Size

Standards.

because the OCC had adopted and then

rescinded the final rule it issued in

2020. In both these provisions, the OCC

proposes a technical amendment to

apply them to savings associations as

well as national banks. This change

would correct a drafting error in the

OCC’s 2021 CRA final rule.52

In addition, the proposal includes

subpart E, Prohibition Against Use of

Interstate Branches Primarily for

Deposit Production. This subpart

implements section 109 of the Riegle-

Neal Interstate Banking and Branching

Efficiency Act of 1994, 12 U.S.C. 1835a,

which only applies to certain national

banks and Federal branches of a foreign

bank. Subpart E redesignates but does

not amend subpart F of the 2023 CRA

Final Rule. The Board and the FDIC

include these provisions in separate

regulations.53

V

posit Production. This subpart

implements section 109 of the Riegle-

Neal Interstate Banking and Branching

Efficiency Act of 1994, 12 U.S.C. 1835a,

which only applies to certain national

banks and Federal branches of a foreign

bank. Subpart E redesignates but does

not amend subpart F of the 2023 CRA

Final Rule. The Board and the FDIC

include these provisions in separate

regulations.53

V. Other Proposed Amendments

CRA Sunshine Regulations

The agencies are proposing

conforming changes to their regulations

implementing the CRA sunshine

requirements of the Federal Deposit

Insurance Act 54 (CRA Sunshine

Regulations).55 The CRA Sunshine

Regulations currently cross-reference to

the agencies’ CRA regulations in

appendix G of the 2023 CRA Final Rule.

The proposed amendments would

remove all references to appendix G so

that the CRA Sunshine Regulations

would instead cross-reference to the

proposed recodification of each agency’s

respective 1995 CRA regulation.

OCC Amendments

The OCC is proposing several

clarifying amendments and a technical

correction to the definition of ‘‘small

bank’’ in 12 CFR 25.12(u). First, the

OCC proposes to clarify that the dollar

amounts included in the definition

would only apply for calendar year

2025. Second, the OCC proposes to

indicate that the annual adjustments to

the thresholds included in the

definition are published on the OCC’s

website. Since 2020, the OCC has

announced the new asset-size

thresholds for this definition each year

by publication of an OCC Bulletin on

OCC.gov and does not amend § 25.12(u)

with the new thresholds. Together,

these proposed amendments would

ensure that stakeholders are informed

that the asset-size thresholds in the

definition are not current for years other

than 2025 and direct stakeholders to

where they can obtain the current

thresholds. The OCC intends for these

amendments to provide additional

clarity and transparency

OCC.gov and does not amend § 25.12(u)

with the new thresholds. Together,

these proposed amendments would

ensure that stakeholders are informed

that the asset-size thresholds in the

definition are not current for years other

than 2025 and direct stakeholders to

where they can obtain the current

thresholds. The OCC intends for these

amendments to provide additional

clarity and transparency. Third, the

OCC is proposing to remove

‘‘appropriate Federal banking agency’’

in the definition so that the provision

provides that only the OCC updates this

asset-size threshold annually. Part 25

defines ‘‘appropriate Federal banking

agency’’ to be the OCC and the FDIC.

However, only the OCC updates the

asset-size thresholds in the ‘‘small

bank’’ definition of part 25.

In addition, the OCC is proposing

conforming amendments to its Public

Welfare Investment regulation, 12 CFR

part 24. Part 24 currently refers to the

OCC’s CRA regulation, 12 CFR part 25,

as appendix G of the 2023 CRA Final

Rule. The proposed amendment would

remove all references to appendix G so

that part 24 would instead cross-

reference to the proposed recodification

of the OCC’s 1995 CRA regulation.56

VI. Request for Comments

The agencies request feedback on all

aspects of the proposed rule.57

VII. Regulatory Analysis

Regulatory Flexibility Act

OCC. The Regulatory Flexibility Act,

5 U.S.C. 601 et seq. (RFA), requires an

agency to consider the impact of its

proposed rules on small entities. In

connection with a proposed rule, the

RFA generally requires an agency to

prepare an Initial Regulatory Flexibility

Analysis (IRFA) describing the impact

of the rule on small entities, unless the

head of the agency certifies that the

proposed rule will not have a significant

economic impact on a substantial

number of small entities and publishes

such certification along with a statement

providing the factual basis for such

certification in the Federal Register

prepare an Initial Regulatory Flexibility

Analysis (IRFA) describing the impact

of the rule on small entities, unless the

head of the agency certifies that the

proposed rule will not have a significant

economic impact on a substantial

number of small entities and publishes

such certification along with a statement

providing the factual basis for such

certification in the Federal Register. An

IRFA must contain: (1) a description of

the reasons why action by the agency is

being considered; (2) a succinct

statement of the objectives of, and legal

basis for, the proposed rule; (3) a

description of and, where feasible, an

estimate of the number of small entities

to which the proposed rule will apply;

(4) a description of the projected

reporting, recordkeeping, and other

compliance requirements of the

proposed rule, including an estimate of

the classes of small entities that will be

subject to the requirements and the type

of professional skills necessary for

preparation of the report or record; (5)

an identification, to the extent

practicable, of all relevant Federal rules

that may duplicate, overlap with, or

conflict with the proposed rule; and (6)

a description of any significant

alternatives to the proposed rule that

accomplish its stated objectives.

The OCC currently supervises 1,030

institutions (commercial banks, trust

companies, Federal savings

associations, and branches or agencies

of foreign banks),58 of which

approximately 609 are small entities

under the RFA.59

Because of the preliminary injunction

enjoining the 2023 CRA Final Rule, the

OCC used the 1995 CRA regulations as

the baseline in its RFA analysis. Using

this baseline, the OCC estimates the cost

of the proposal to be de minimis

because the proposed rule would return

to the 1995 regulation, which is

currently applicable to banks. Therefore,

the OCC certifies that this proposal, if

adopted, will not have a significant

economic impact on a substantial

number of small entities

e 1995 CRA regulations as

the baseline in its RFA analysis. Using

this baseline, the OCC estimates the cost

of the proposal to be de minimis

because the proposed rule would return

to the 1995 regulation, which is

currently applicable to banks. Therefore,

the OCC certifies that this proposal, if

adopted, will not have a significant

economic impact on a substantial

number of small entities. Accordingly,

an initial Regulatory Flexibility

Analysis is not required.

Board. The Regulatory Flexibility Act,

5 U.S.C. 601 et seq. (RFA), requires an

agency to consider whether the rules it

proposes will have a significant

economic impact on a substantial

number of small entities. In connection

with a proposed rule, the RFA generally

requires an agency to prepare an Initial

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60 See 13 CFR 121.201. Consistent with the SBA’s

General Principles of Affiliation, the Board

generally includes the assets of all domestic and

foreign affiliates toward the applicable size

threshold when determining whether to classify a

particular entity as a small entity. See 13 CFR

121.103.

61 See 13 CFR 121.201 (sectors 522110–522180).

62 The Board’s estimate is based on total assets

reported on Forms FR Y–9 (Consolidated Financial

Statements for Holding Companies) and FFIEC 041

(Consolidated Reports of Condition and Income) for

2024.

63 5 U.S.C. 601 et seq.

64 The SBA defines a small banking organization

as having $850 million or less in assets, where an

organization’s ‘‘assets are determined by averaging

the assets reported on its four quarterly financial

statements for the preceding year.’’ See 13 CFR

121.201 (as amended by 87 FR 69118, effective

December 19, 2022)

olidated Reports of Condition and Income) for

2024.

63 5 U.S.C. 601 et seq.

64 The SBA defines a small banking organization

as having $850 million or less in assets, where an

organization’s ‘‘assets are determined by averaging

the assets reported on its four quarterly financial

statements for the preceding year.’’ See 13 CFR

121.201 (as amended by 87 FR 69118, effective

December 19, 2022). In its determination, the ‘‘SBA

counts the receipts, employees, or other measure of

size of the concern whose size is at issue and all

of its domestic and foreign affiliates.’’ See 13 CFR

121.103. Following these regulations, the FDIC uses

an insured depository institution’s affiliated and

acquired assets, averaged over the preceding four

quarters, to determine whether the insured

depository institution is ‘‘small’’ for the purposes of

RFA.

Regulatory Flexibility Analysis (IRFA)

describing the impact of the rule on

small entities, unless the head of the

agency certifies that the proposal will

not have a significant economic impact

on a substantial number of small entities

and publishes such certification along

with a statement providing the factual

basis for such certification in the

Federal Register. An IRFA must contain

(i) a description of the reasons why

action by the agency is being

considered; (ii) a succinct statement of

the objectives of, and legal basis for, the

proposal; (iii) a description of, and,

where feasible, an estimate of the

number of small entities to which the

proposal will apply; (iv) a description of

the projected reporting, recordkeeping,

and other compliance requirements of

the proposal, including an estimate of

the classes of small entities that will be

subject to the requirement and the type

of professional skills necessary for

preparation of the report or record; (v)

an identification, to the extent

practicable, of all relevant Federal rules

that may duplicate, overlap with, or

conflict with the proposal; and (vi) a

description of any significant

alter

the proposal, including an estimate of

the classes of small entities that will be

subject to the requirement and the type

of professional skills necessary for

preparation of the report or record; (v)

an identification, to the extent

practicable, of all relevant Federal rules

that may duplicate, overlap with, or

conflict with the proposal; and (vi) a

description of any significant

alternatives to the proposal that

accomplish its stated objectives and

minimize any significant economic

impact of the proposal on small entities.

The Board is providing an IRFA with

respect to the proposal. The Board

invites comment on all aspects of this

IRFA.

1. Reasons Action Is Being Considered

The Board proposes to rescind the

2023 CRA Final Rule and replace it with

the 1995 CRA regulations, with

conforming amendments to the

definition of ‘‘small bank.’’ Together

with the other agencies, the Board

believes that the proposal would restore

certainty in the CRA framework for

stakeholders and limit regulatory

burden on banks, while ensuring that

banks continue to focus on the purpose

of the CRA. As described above, banks

currently operate under the framework

of the 1995 regulations.

2. Objectives of and Legal Basis for the

Proposal

Section 806 of the CRA (12 U.S.C.

2905) requires the Board to publish

regulations to carry out the purposes of

the CRA.

The Board’s and the other agencies’

reconsideration of the 2023 CRA Final

Rule is precipitated primarily by the

uncertainty created by the pending

litigation. Accordingly, the agencies

have reconsidered the status of the CRA

regulatory framework with two major

objectives in mind: (1) restoring

certainty in the CRA regulatory

framework for stakeholders; and (2)

limiting regulatory burden on banks

d’s and the other agencies’

reconsideration of the 2023 CRA Final

Rule is precipitated primarily by the

uncertainty created by the pending

litigation. Accordingly, the agencies

have reconsidered the status of the CRA

regulatory framework with two major

objectives in mind: (1) restoring

certainty in the CRA regulatory

framework for stakeholders; and (2)

limiting regulatory burden on banks.

Further, the agencies took into account

that any changes to the proposed CRA

regulatory framework must continue to

focus on the CRA’s purpose—

encouraging banks to help meet the

credit needs of the local communities in

which they are chartered consistent

with the safe and sound operation of the

banks. The agencies’ assessment of these

objectives, as well as additional

considerations that informed the

agencies’ reconsideration of the CRA

regulatory framework, are discussed in

section III of this SUPPLEMENTARY

INFORMATION.

3. Description and Estimate of the

Number of Small Entities

Board-supervised institutions that

would be subject to the proposed rule

are State member banks (as defined in

section 3(d)(2) of the Federal Deposit

Insurance Act) and uninsured State

branches of foreign banks (other than

limited branches) resulting from certain

acquisitions under the International

Banking Act. Banks that do not perform

commercial or retail banking services by

granting credit to the public in the

ordinary course of business would not

be subject to the proposal

nks (as defined in

section 3(d)(2) of the Federal Deposit

Insurance Act) and uninsured State

branches of foreign banks (other than

limited branches) resulting from certain

acquisitions under the International

Banking Act. Banks that do not perform

commercial or retail banking services by

granting credit to the public in the

ordinary course of business would not

be subject to the proposal.

The Board generally uses the

industry-specific size standards adopted

by the SBA for purposes of estimating

the number of small entities to which a

proposal would apply.60 The SBA has

adopted size standards that provide that

depository institutions with average

assets of less than $850 million over the

preceding year (based on the

institution’s four quarterly financial

statements) are considered small

entities.61 The Board estimates that

approximately 446 Board-supervised

small entities would be subject to the

proposed rule.62

4. Description of Compliance

Requirements

The proposal would recodify the 1995

CRA regulations currently applicable to

banks, with updated asset-size

thresholds for the definition of ‘‘small

bank’’ to reflect the agencies’ inflation

adjustments for 2025. In general, the

CRA framework establishes the

performance tests and standards that the

Board uses to assess a bank’s CRA

performance and adopts related

requirements (including reporting,

recordkeeping, disclosure, and other

compliance requirements) to facilitate

CRA evaluations. A fuller description of

the proposal, including reporting,

recordkeeping, disclosure, and other

compliance requirements, is provided in

sections IV and VII (Paperwork

Reduction Act) of this SUPPLEMENTARY

INFORMATION.

5. Duplicative, Overlapping, and

Conflicting Rules

The Board is not aware of any federal

rules that may duplicate, overlap with,

or conflict with the proposal.

6

luations. A fuller description of

the proposal, including reporting,

recordkeeping, disclosure, and other

compliance requirements, is provided in

sections IV and VII (Paperwork

Reduction Act) of this SUPPLEMENTARY

INFORMATION.

5. Duplicative, Overlapping, and

Conflicting Rules

The Board is not aware of any federal

rules that may duplicate, overlap with,

or conflict with the proposal.

6. Significant Alternatives Considered

As an alternative to the proposal, the

Board (together with the other agencies)

considered maintaining the 2023 CRA

Final Rule, proposing to replace the

2023 CRA Final Rule with a new CRA

framework that is materially different

from the framework contained in the

2023 CRA rule, and proposing targeted

amendments to the 2023 CRA Final

Rule. The agencies’ analysis of each of

these alternatives is discussed in section

III of this SUPPLEMENTARY INFORMATION.

FDIC. The RFA generally requires an

agency, in connection with a proposed

rule, to prepare and make available for

public comment an initial regulatory

flexibility analysis that describes the

impact of the proposed rule on small

entities.63 However, an IRFA is not

required if the agency certifies that the

proposed rule will not, if promulgated,

have a significant economic impact on

a substantial number of small entities.

The Small Business Administration

(SBA) has defined ‘‘small entities’’ to

include banking organizations with total

assets of less than or equal to $850

million.64 Generally, the FDIC considers

a significant economic impact to be a

quantified effect in excess of 5 percent

of total annual salaries and benefits or

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lude banking organizations with total

assets of less than or equal to $850

million.64 Generally, the FDIC considers

a significant economic impact to be a

quantified effect in excess of 5 percent

of total annual salaries and benefits or

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65 FDIC Call Report Data, December 31, 2024.

66 2 U.S.C. 1531 et seq.

67 2 U.S.C. 1532.

2.5 percent of total noninterest

expenses. The FDIC believes that effects

in excess of one or more of these

thresholds typically represent

significant economic impacts for FDIC-

supervised institutions. The FDIC

believes that the proposed rule is

unlikely to have a significant impact on

a substantial number of small entities.

The FDIC’s rationale for its

determination is discussed below.

As of December 31, 2024, there are

2,854 FDIC-supervised IDIs, of which

2,122 are ‘‘small entities’’ under the

RFA.65 Of these, 2,116 are subject to the

CRA and covered by the proposal. As

discussed in the SUPPLEMENTARY

INFORMATION, the proposal would return

the CRA examination framework to the

framework in place prior to the

adoption of the 2023 CRA Final Rule.

The 2023 CRA Final Rule was enjoined

by court order on March 29, 2024,

therefore it never went into effect and

small entities have instead been subject

to the CRA framework in the proposed

rule. Thus, if the proposal is adopted,

small entities would experience no

change in their CRA examination

framework. Therefore, the FDIC certifies

that the proposed rule will not have a

significant impact on a substantial

number of small entities.

The FDIC invites comments on all

aspects of the supporting information

provided in this RFA section. The FDIC

is particularly interested in comments

on any significant effects on small

entities that the agency has not

identified

ir CRA examination

framework. Therefore, the FDIC certifies

that the proposed rule will not have a

significant impact on a substantial

number of small entities.

The FDIC invites comments on all

aspects of the supporting information

provided in this RFA section. The FDIC

is particularly interested in comments

on any significant effects on small

entities that the agency has not

identified.

OCC Unfunded Mandates Reform Act

The OCC has analyzed the proposed

rule under the factors in the Unfunded

Mandates Reform Act of 1995

(UMRA).66 Under this analysis, the OCC

considered whether the proposed rule

includes a Federal mandate that may

result in the expenditure by State, local,

and tribal governments, in the aggregate,

or by the private sector, of $100 million

or more in any one year ($187 million

as adjusted annually for inflation).

Pursuant to section 202 of the UMRA,67

if a proposed rule meets this UMRA

threshold, the OCC would need to

prepare a written statement that

includes, among other things, a cost-

benefit analysis of the proposal.

Because the 2023 CRA Final Rule did

not take effect, the OCC used the 1995

CRA regulations as the baseline in its

UMRA analysis. Using this baseline, the

OCC estimates the cost of the proposal

to be de minimis because the proposed

rule would return to the 1995

regulation, which is currently

applicable to banks. Therefore, the OCC

concludes that the proposed rule would

not result in an expenditure of $187

million or more annually by state, local,

and tribal governments, or by the

private sector, and thus would not meet

the UMRA threshold. Accordingly, the

OCC has not prepared the written

statement described in UMRA.

Riegle Community Development and

Regulatory Improvement Act of 1994

Pursuant to section 302(a) of the

Riegle Community Development and

Regulatory Improvement Act of 1994, 12

U.S.C

on or more annually by state, local,

and tribal governments, or by the

private sector, and thus would not meet

the UMRA threshold. Accordingly, the

OCC has not prepared the written

statement described in UMRA.

Riegle Community Development and

Regulatory Improvement Act of 1994

Pursuant to section 302(a) of the

Riegle Community Development and

Regulatory Improvement Act of 1994, 12

U.S.C. 4802(a), in determining the

effective date and administrative

compliance requirements for new

regulations that impose additional

reporting, disclosure, or other

requirements on insured depository

institutions, the agencies will consider,

consistent with principles of safety and

soundness and the public interest: (1)

any administrative burdens that the

proposed rule would place on

depository institutions, including small

depository institutions and customers of

depository institutions; and (2) the

benefits of the proposed rule. The

agencies request comment on any

administrative burdens that the

proposed rule would place on

depository institutions, including small

depository institutions, and their

customers, and the benefits of the

proposed rule that the agencies should

consider in determining the effective

date and administrative compliance

requirements for a final rule.

Executive Orders 12866 and 14192

Executive Order 12866, as amended,

provides that the Office of Information

and Regulatory Affairs (OIRA) will

review all ‘‘significant regulatory

actions’’ as defined therein. OIRA has

determined that this proposal is not a

‘‘significant regulatory action’’ for

purposes of Executive Order 12866. The

proposal, if finalized as proposed, is not

expected to be an Executive Order

14192 regulatory action.

Plain Language

Section 722 of the Gramm-Leach-

Bliley Act requires the agencies to use

plain language in all proposed and final

rules published after January 1, 2000.

The agencies invite comment on how to

make this proposed rule easier to

understand

urposes of Executive Order 12866. The

proposal, if finalized as proposed, is not

expected to be an Executive Order

14192 regulatory action.

Plain Language

Section 722 of the Gramm-Leach-

Bliley Act requires the agencies to use

plain language in all proposed and final

rules published after January 1, 2000.

The agencies invite comment on how to

make this proposed rule easier to

understand.

For example:

• Have the agencies organized the

material to inform your needs? If not,

how could the agencies present the

proposed rule more clearly?

• Are the requirements in the

proposed rule clearly stated? If not, how

could the proposal be more clearly

stated?

• Does the proposed regulation

contain technical language or jargon that

is not clear? If so, which language

requires clarification?

• Would a different format (grouping

and order of sections, use of headings,

paragraphing) make the proposed

regulation easier to understand? If so,

what changes would achieve that?

• Is this section format adequate? If

not, which of the sections should be

changed and how?

• What other changes can the

agencies incorporate to make the

proposed regulation easier to

understand?

Paperwork Reduction Act

Certain provisions of the proposed

rule contain ‘‘collections of

information’’ within the meaning of the

Paperwork Reduction Act (PRA) of

1995, 44 U.S.C. 3501 through 3521. In

accordance with the requirements of the

PRA, the agencies may not conduct or

sponsor, and the respondent is not

required to respond to, an information

collection unless it displays a currently

valid OMB control number. The

information collections contained in the

proposed rule have been submitted to

OMB for review and approval by the

OCC and the FDIC under section

3507(d) of the PRA, 44 U.S.C. 3507(d),

and § 1320.11 of OMB’s implementing

regulations, 5 CFR part 1320. The Board

reviewed the proposed rule under the

authority delegated to the Board by

OMB

it displays a currently

valid OMB control number. The

information collections contained in the

proposed rule have been submitted to

OMB for review and approval by the

OCC and the FDIC under section

3507(d) of the PRA, 44 U.S.C. 3507(d),

and § 1320.11 of OMB’s implementing

regulations, 5 CFR part 1320. The Board

reviewed the proposed rule under the

authority delegated to the Board by

OMB. The agencies are proposing to

extend for three years, with revision,

these information collections.

Title of Information Collection: OCC,

Community Reinvestment Act; Board,

Reporting, Recordkeeping, and

Disclosure Requirements Associated

with Regulation BB; FDIC, Community

Reinvestment Act.

OMB Control Numbers: OCC 1557–

0160; Board 7100–0197; FDIC 3064–

0092.

Frequency of Response: On occasion.

Affected Public: Businesses or other

for-profits.

Respondents:

OCC: National banks, Federal savings

associations, Federal branches and

agencies.

FDIC: All insured state nonmember

banks, insured state-licensed branches

of foreign banks, insured state savings

associations, and bank service

providers.

Board: All state member banks (as

defined in 12 CFR 208.2(g)), bank

holding companies (as defined in 12

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Federal Register / Vol. 90, No. 136 / Friday, July 18, 2025 / Proposed Rules

68 Proposed 12 CFR __.25(a).

69 Proposed 12 CFR __.25(b).

70 Proposed 12 CFR __.27(a)(1) and (e).

71 Proposed 12 CFR __.27(b).

72 Proposed 12 CFR __.27(c).

73 Proposed 12 CFR __.27(d) and (h).

74 Proposed 12 CFR __.27(e).

75 Proposed 12 CFR __.27(f)(1).

76 Proposed 12 CFR __.27(f)(2).

77 Proposed 12 CFR __.27(f)(3).

78 Proposed 12 CFR __.27(f)(4).

79 Proposed 12 CFR __.27(g).

80 Proposed 12 CFR __.27(h).

81 Proposed 12 CFR __.27(i).

82 Proposed 12 CFR __.42(b).

83 Proposed 12 CFR __.42(b)(1).

84 Proposed 12 CFR __.42(b)(2)

2 CFR __.27(c).

73 Proposed 12 CFR __.27(d) and (h).

74 Proposed 12 CFR __.27(e).

75 Proposed 12 CFR __.27(f)(1).

76 Proposed 12 CFR __.27(f)(2).

77 Proposed 12 CFR __.27(f)(3).

78 Proposed 12 CFR __.27(f)(4).

79 Proposed 12 CFR __.27(g).

80 Proposed 12 CFR __.27(h).

81 Proposed 12 CFR __.27(i).

82 Proposed 12 CFR __.42(b).

83 Proposed 12 CFR __.42(b)(1).

84 Proposed 12 CFR __.42(b)(2).

85 Proposed 12 CFR __.42(b)(3).

86 See HMDA Loan/Application Register (FR

HMDA LAR; OMB No. 7100–0247 (Board) and OMB

No. 3170–0008 (Consumer Financial Protection

Bureau [CFPB])).

U.S.C. 1841), savings and loan holding

companies (as defined in 12 U.S.C.

1467a), foreign banking organizations

(as defined in 12 CFR 211.21(o)), foreign

banks that do not operate an insured

branch, state branch or state agency of

a foreign bank (as defined in 12 U.S.C.

3101(11) and (12)), Edge or agreement

corporations (as defined in 12 CFR

211.1(c)(2) and (3)), and bank service

providers.

The information collection

requirements in the proposed rule are as

follows:

Reporting Requirements

§ __.25(b)—Request for designation as

a wholesale or a limited purpose bank.

The appropriate Federal banking agency

would assess a wholesale or a limited

purpose banks record of helping to meet

the credit needs of its assessment area(s)

under the community development test

for wholesale or limited purpose banks

through its community development

lending, qualified investments, or

community development services.68 In

order to receive a designation as a

wholesale or limited purpose bank, a

bank would be required to file a request,

in writing, with the appropriate Federal

banking agency at least three months

prior to the proposed effective date of

the designation.69

§ __.27—Strategic plan

se banks

through its community development

lending, qualified investments, or

community development services.68 In

order to receive a designation as a

wholesale or limited purpose bank, a

bank would be required to file a request,

in writing, with the appropriate Federal

banking agency at least three months

prior to the proposed effective date of

the designation.69

§ __.27—Strategic plan. A bank could

elect to be assessed under a strategic

plan if the bank has submitted the plan

to the appropriate Federal banking

agency as provided for in proposed

§ __.27, the appropriate Federal banking

agency has approved the plan, the plan

is in effect, and the bank has been

operating under an approved plan for at

least one year.70 The appropriate

Federal banking agency’s approval of a

plan would not affect the bank’s

obligation, if any, to comply with the

data reporting requirements under

proposed § __.42.71 The plan could have

a term of no more than five years and

any multiyear plan would be required to

include annual interim measurable

goals; a bank with more than one

assessment area could prepare a single

plan for all of its assessment areas or

one or more plans for one or more of its

assessment areas; and affiliated

institutions could prepare a joint plan if

the plan provides measurable goals for

each institution.72 Before submitting a

plan to the appropriate Federal banking

agency or amending a plan during its

term, a bank would be required to seek

suggestions from members of the public

in its assessment area(s), formally solicit

public comment for at least 30 days, and

during the period of formal public

comment make copies of the plan

available for public review at its offices

in assessment areas covered by the plan

at no cost and by mail for a reasonable

cost.73 The bank would be required to

submit its plan to the appropriate

Federal banking agency at least three

months prior to the proposed effective

date of the plan and also submit with its

plan a description of its

of formal public

comment make copies of the plan

available for public review at its offices

in assessment areas covered by the plan

at no cost and by mail for a reasonable

cost.73 The bank would be required to

submit its plan to the appropriate

Federal banking agency at least three

months prior to the proposed effective

date of the plan and also submit with its

plan a description of its informal efforts

to seek suggestions from members of the

public, any written public comment

received, and, if the plan was revised in

light of the comment received, the

initial plan as released for public

comment.74 A strategic plan would be

required to include measurable goals for

helping meet the credit needs of each

assessment area covered by the plan,

addressing lending, investment, and

service activities, as appropriate.75 A

bank could submit additional

information to the appropriate Federal

banking agency on a confidential basis,

but the goals stated in the plan would

be required to be sufficiently specific to

enable the public and the appropriate

Federal banking agency to judge the

merits of the plan.76 A plan would be

required to specify goals that constitute

‘‘Satisfactory’’ performance and could

specify goals that constitute

‘‘Outstanding’’ performance.77 If a bank

fails to meet substantially its own goals

for ‘‘Satisfactory’’ performance, the bank

could elect in its plan to be evaluated

under the applicable performance test(s)

specified in the regulation.78 The

appropriate Federal banking agency

would act upon a plan within 60

calendar days after the agency receives

the complete plan and other material

that would be required under proposed

§ __.27(e).79 During the term of a plan,

a bank could request the appropriate

Federal banking agency to approve an

amendment to the plan on grounds that

there has been a material change in

circumstances and the bank would be

required to develop an amendment to a

previously approved plan in accordance

with the public participation

r

nd other material

that would be required under proposed

§ __.27(e).79 During the term of a plan,

a bank could request the appropriate

Federal banking agency to approve an

amendment to the plan on grounds that

there has been a material change in

circumstances and the bank would be

required to develop an amendment to a

previously approved plan in accordance

with the public participation

requirements of proposed § __.27(d).80

The appropriate Federal banking agency

would approve the goals and assesses

performance under a plan as provided

for in appendix A (Ratings).81

§ __.42(b)(1)–(3)—Loan information

required to be reported. A bank, except

a small bank or a bank that was a small

bank during the prior calendar year,

would be required to report annually by

March 1 to the appropriate Federal

banking agency in machine-readable

form (as prescribed by the agency) the

following data for the preceding

calendar year.82

Small business and small farm loan

data. For each geography in which the

bank originated or purchased a small

business or a small farm loan, it would

be required to report the aggregate

number and amount of loans:

• with an amount at origination of

$100,000 or less;

• with an amount at origination of

more than $100,000 but less than or

equal to $250,000;

• with an amount at origination of

more than $250,000; and

• to businesses and farms with gross

annual revenues of $1 million or less

(using the revenues that the bank

considered in making its credit

decision).83

Community development loan data.

The aggregate number and aggregate

amount of community development

loans originated or purchased in the

preceding calendar year.84

Home mortgage loans

n amount at origination of

more than $250,000; and

• to businesses and farms with gross

annual revenues of $1 million or less

(using the revenues that the bank

considered in making its credit

decision).83

Community development loan data.

The aggregate number and aggregate

amount of community development

loans originated or purchased in the

preceding calendar year.84

Home mortgage loans. If the bank is

subject to reporting of home mortgage

loan data under Regulation C, it would

be required to report annually by March

1 to the appropriate Federal banking

agency in machine-readable form (as

prescribed by the agency) certain home

mortgage loan data.85 The paperwork

burden for providing this data is

associated with other clearances.86

§ __.42(d)—Data on affiliate lending.

A bank that elected to have the

appropriate Federal banking agency

consider loans by an affiliate, for

purposes of the lending test or the

community development test or an

approved strategic plan, would be

required to collect, maintain, and report

for those loans the data that the bank

would have collected, maintained, and

reported pursuant to proposed

§ __.42(a)–(c) had the loans been

originated or purchased by the bank. For

home mortgage loans, the bank would

also be required to be prepared to

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e data that the bank

would have collected, maintained, and

reported pursuant to proposed

§ __.42(a)–(c) had the loans been

originated or purchased by the bank. For

home mortgage loans, the bank would

also be required to be prepared to

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87 Proposed 12 CFR __.42(d).

88 Proposed 12 CFR __.42(e).

89 Proposed 12 CFR __.41(a).

90 Proposed 12 CFR __.42(g).

91 Proposed 12 CFR __.41(b).

92 Proposed 12 CFR __.41(c)(1).

93 Proposed 12 CFR __.41(c)(2).

94 Proposed 12 CFR __.41(e).

95 Proposed 12 CFR __.42(a).

96 Proposed 12 CFR __.42(c)(1).

97 Id.

98 Id.

99 Id.

100 Proposed 12 CFR __.42(c)(2).

101 Proposed 12 CFR __.43(a)(1).

102 Proposed 12 CFR __.43(a)(2).

103 Proposed 12 CFR __.43(a)(3)–(6).

104 Proposed 12 CFR __.43(a)(7).

identify the home mortgage loans

reported under Regulation C by the

affiliate.87

§ __.42(e)—Data on lending by a

consortium or a third party. A bank that

elects to have the appropriate Federal

banking agency consider community

development loans made by a

consortium or a third party, for

purposes of the lending test or the

community development test or an

approved strategic plan, must report for

those loans the data that the bank would

have reported under proposed

§ __.42(b)(2) had the loans been

originated or purchased by the bank.88

§ __.42(f)—Small banks electing

evaluation under the lending,

investment, and service tests. A bank

that qualifies for evaluation under the

small bank performance standards but

elects evaluation under the lending,

investment, and service test would be

required to collect, maintain, and report

the data required for other banks

pursuant to proposed § __.42(a)–(b).

§§ __.41 and __42(g)—Assessment

area delineation

lecting

evaluation under the lending,

investment, and service tests. A bank

that qualifies for evaluation under the

small bank performance standards but

elects evaluation under the lending,

investment, and service test would be

required to collect, maintain, and report

the data required for other banks

pursuant to proposed § __.42(a)–(b).

§§ __.41 and __42(g)—Assessment

area delineation. Each bank would be

required to delineate one or more

assessment areas within which the

appropriate Federal banking agency

would evaluate its record of helping to

meet the credit needs of its

community.89 A bank, except a small

bank or bank that was a small bank

during the prior calendar year, would

also be required to collect and report to

the appropriate Federal banking agency

by March 1 of each year a list for each

assessment area showing the

geographies within the area.90

Assessment areas for wholesale or

limited purpose banks would be

required to 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.91

Assessment areas for a bank other than

a wholesale or limited purpose bank

would be required to 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.92 Assessment areas for

a bank other than a wholesale or limited

purpose bank would also be required to

include the geographies in which a bank

has its main office, branches, and

deposit-taking automated teller

machines, as well as the surrounding

geographies in which the bank has

originated or purchased a substantial

portion of its loans.93 Each bank’s

assessme

unties,

cities, or towns.92 Assessment areas for

a bank other than a wholesale or limited

purpose bank would also be required to

include the geographies in which a bank

has its main office, branches, and

deposit-taking automated teller

machines, as well as the surrounding

geographies in which the bank has

originated or purchased a substantial

portion of its loans.93 Each bank’s

assessment area would be required to

consist only of whole geographies, not

reflect illegal discrimination, not

arbitrarily exclude low- or moderate-

income geographies, taking into account

the bank’s size and financial condition,

and not extend substantially beyond an

MSA boundary or beyond a state

boundary unless the assessment area is

located in a multistate MSA.94

Recordkeeping Requirements

§ __.42(a)—Loan information required

to be collected and maintained. A bank,

except a small bank, would be required

to collect and maintain, in machine-

readable form (as prescribed by the

appropriate Federal banking agency),

until the completion of its next CRA

examination, the following data for each

small business or small farm loan

originated or purchased by the bank:

• a unique number or alphanumeric

symbol used to identify the relevant

loan file;

• the loan amount at origination;

• the loan location; and

• an indicator whether the loan was

to a business or a farm with gross

annual revenues of $1 million or less.95

§ __.42(c)(1)—Optional data

collection and maintenance—Consumer

loans

business or small farm loan

originated or purchased by the bank:

• a unique number or alphanumeric

symbol used to identify the relevant

loan file;

• the loan amount at origination;

• the loan location; and

• an indicator whether the loan was

to a business or a farm with gross

annual revenues of $1 million or less.95

§ __.42(c)(1)—Optional data

collection and maintenance—Consumer

loans. A bank could collect and

maintain in machine-readable form (as

prescribed by the appropriate Federal

banking agency) data for consumer

loans originated or purchased by the

bank for consideration under the

lending test.96 A bank could maintain

data for one or more of the following

categories of consumer loans: motor

vehicle; credit card; other secured; and

other unsecured.97 If the bank maintains

data for loans in a certain category, it

would be required to maintain data for

all loans originated or purchased within

that category.98 The bank would be

required to maintain data separately for

each category and must include for each

loan:

• a unique number or alphanumeric

symbol used to identify the relevant

loan file;

• the loan amount at origination or

purchase;

• the loan location; and

• the gross annual income of the

borrower that the bank considered in

making its credit decision.99

§ __.42(c)(2)—Optional data

collection and maintenance—Other

loan data. At its option, a bank could

also provide other information

concerning its lending performance,

including additional loan distribution

data.100

Disclosure Requirements

§ __.43—Content and availability of

public file

• the gross annual income of the

borrower that the bank considered in

making its credit decision.99

§ __.42(c)(2)—Optional data

collection and maintenance—Other

loan data. At its option, a bank could

also provide other information

concerning its lending performance,

including additional loan distribution

data.100

Disclosure Requirements

§ __.43—Content and availability of

public file. Banks would be required to

maintain and make available to the

public a file containing comments

received from the public for the current

year and each of the prior two calendar

years that specifically relate to the

bank’s performance in helping to meet

community credit needs, and any

response to the comments by the bank,

if neither the comments nor the

responses contain statements that reflect

adversely on the good name or

reputation of any persons other than the

bank or publication of which would

violate specific provisions of law.101

The public file would also be required

to contain a copy of the public section

of the bank’s most recent CRA

performance evaluation prepared by the

appropriate Federal banking agency,

which the bank would be required to

place in the public file within 30 days

after its receipt from the agency.102 The

public file would also be required to

include: a list of the bank’s branches,

street addresses, and geographies; a list

of bank branches opened or closed by

the bank during the current year and

each of the prior two calendar years,

their street addresses, and geographies;

a list of the services generally offered at

the bank’s branches, descriptions of

material differences in the availability

or cost of services at particular

branches, and at the bank’s option,

information regarding the availability of

alternative systems for delivering retail

banking services; and a map of each

assessment area showing the boundaries

of the area and identifying the

geographies contained within the area,

either on the map or in a separate list.103

The bank could includ

nces in the availability

or cost of services at particular

branches, and at the bank’s option,

information regarding the availability of

alternative systems for delivering retail

banking services; and a map of each

assessment area showing the boundaries

of the area and identifying the

geographies contained within the area,

either on the map or in a separate list.103

The bank could include in the file any

other information that it chooses.104

A bank, except a small bank or bank

that was a small bank during the prior

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105 Proposed 12 CFR __.43(b)(1).

106 Proposed 12 CFR __.43(b)(1)(i).

107 Proposed 12 CFR __.43(b)(1)(ii).

108 Proposed 12 CFR __.43(b)(2).

109 Id.

110 Id.

111 Proposed 12 CFR __.43(b)(3)(i).

112 Proposed 12 CFR __.43(b)(3)(ii).

113 Proposed 12 CFR __.43(b)(4).

114 Proposed 12 CFR __.43(b)(5).

115 Proposed 12 CFR __.43(c).

116 Proposed 12 CFR __.43(c)(1).

117 Proposed 12 CFR __.43(c)(2).

118 Proposed 12 CFR __.43(d).

119 Proposed 12 CFR __.43(e).

120 Proposed 12 CFR __.44.

calendar year, would also be required to

include in the public file the following

information pertaining to the bank and

its affiliates, if applicable for each of the

prior two calendar years.105 If the bank

elects to have one or more categories of

its consumer loans considered under the

lending test, for each of these categories,

the number and amount of loans: to

low-, moderate-, middle-, and upper-

income individuals; located in low-,

moderate-, middle-, and upper-income

census tracts; and located inside the

bank’s assessment area(s) and outside

the bank’s assessment area(s).106 The

bank would also be required to place its

CRA Disclosure Statement in the public

file within three business days of its

receipt from the appropriate Federal

banking

low-, moderate-, middle-, and upper-

income individuals; located in low-,

moderate-, middle-, and upper-income

census tracts; and located inside the

bank’s assessment area(s) and outside

the bank’s assessment area(s).106 The

bank would also be required to place its

CRA Disclosure Statement in the public

file within three business days of its

receipt from the appropriate Federal

banking agency.107 Banks required to

report data pursuant to Regulation C

would be required to include in the

public file a written notice that the

institution’s HMDA Disclosure

Statement may be obtained on the

CFPB’s website at

www.consumerfinance.gov/hmda.108 In

addition, a bank that elects to have the

appropriate Federal banking agency

consider home mortgage lending of an

affiliate would be required to include in

the public file the name of the affiliate

and a written notice that the affiliate’s

HMDA Disclosure Statement may be

obtained at the CFPB’s website.109 The

bank would also be required to place the

written notice(s) in the public file

within three business days after

receiving notification from the Federal

Financial Institutions Examination

Council of the disclosure statement(s)

availability.110

A small bank or a bank that was a

small bank during the prior calendar

year would be required to include in its

public file the bank’s loan-to-deposit

ratio for each quarter of the prior

calendar year and, at its option,

additional data on its loan-to-deposit

ratio.111 The bank would also be

required to include in its public file the

information required for other banks by

proposed § __.43(b)(1), if the bank has

elected to be evaluated under the

lending, investment, and service

tests.112 A bank that has been approved

to be assessed under a strategic plan

would be required to include in its

public file a copy of that plan but would

not be required to include information

submitted to the appropriate Federal

banking agency on a confidential basis

in conjunction with the plan.113 A bank

he bank has

elected to be evaluated under the

lending, investment, and service

tests.112 A bank that has been approved

to be assessed under a strategic plan

would be required to include in its

public file a copy of that plan but would

not be required to include information

submitted to the appropriate Federal

banking agency on a confidential basis

in conjunction with the plan.113 A bank

that received a less than satisfactory

rating during its most recent

examination would be required to

include in its public file a description

of its current efforts to improve its

performance in helping to meet the

credit needs of its entire community and

would be required to update the

description quarterly.114

A bank would be required to make

available to the public for inspection

upon request and at no cost the

information required in proposed § __

.43 as follows.115 At the main office and,

if an interstate bank, at one branch

office in each state, all information in

the public file.116 At each branch, a

copy of the public section of the bank’s

most recent CRA Performance

Evaluation and a list of services

provided by the branch as well as,

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.117 Upon request,

a bank would be required to provide

copies, either on paper or in another

form acceptable to the person making

the request, of the information in its

public file and the bank may charge a

reasonable fee not to exceed the cost of

copying and mailing (if applicable).118

Except as otherwise provided in

proposed § __.43, a bank would be

required to ensure that the information

required by this section is current as of

April 1 of each year.119

§ __.44—Public notice by banks

eptable to the person making

the request, of the information in its

public file and the bank may charge a

reasonable fee not to exceed the cost of

copying and mailing (if applicable).118

Except as otherwise provided in

proposed § __.43, a bank would be

required to ensure that the information

required by this section is current as of

April 1 of each year.119

§ __.44—Public notice by banks. A

bank must provide in the public lobby

of its main office and in each of its

branches the appropriate notice set forth

in appendix B (CRA Notice) of, as

applicable, 12 CFR part 25, 12 CFR part

228, or 12 CFR part 345.120

BURDEN ESTIMATES

Source and type of

burden

Description

Estimated

number of

respondents

Frequency of

response

Average

estimated

time per

response

Total

estimated

annual burden

Reporting

§§ __.41 and __.42(g)

Assessment area delineation.

OCC ....................................................

173 .......................

1 ...........................

2 ...........................

346

Board ..................................................

152 .......................

1 ...........................

2 ...........................

304

FDIC ...................................................

313 .......................

1 ...........................

2 ...........................

626

§ __.42(b)(1) ................

Loan data: Small business and small

farm.

OCC ....................................................

154 .......................

1 ...........................

8 ...........................

1,232

Board ..................................................

148 .......................

1 ...........................

8 ...........................

1,184

FDIC ...................................................

313 .......................

1 ...........................

8 ...........................

2,504

§ __.42(b)(2) ................

Loan data: Community development.

OCC ....................................................

173 .......................

1 ..........................

..

1 ...........................

8 ...........................

1,184

FDIC ...................................................

313 .......................

1 ...........................

8 ...........................

2,504

§ __.42(b)(2) ................

Loan data: Community development.

OCC ....................................................

173 .......................

1 ...........................

13 .........................

2,249

Board ..................................................

152 .......................

1 ...........................

13 .........................

1,976

FDIC ...................................................

313 .......................

1 ...........................

13 .........................

4,069

§ __.42(b)(3) ................

Loan data: Home mortgage loans.

OCC ....................................................

173 .......................

1 ...........................

253 .......................

43,769

Board ..................................................

140 .......................

1 ...........................

253 .......................

35,420

FDIC ...................................................

349 .......................

1 ...........................

253 .......................

88,297

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BURDEN ESTIMATES—Continued

Source and type of

burden

Description

Estimated

number of

respondents

Frequency of

response

Average

estimated

time per

response

Total

estimated

annual burden

Optional Reporting

§ __.25(b) ....................

Request for designation as a whole-

sale bank or a limited purpose

bank.

OCC ....................................................

19 .........................

1 ...........................

4 ...........................

76

Board .................................................

age

estimated

time per

response

Total

estimated

annual burden

Optional Reporting

§ __.25(b) ....................

Request for designation as a whole-

sale bank or a limited purpose

bank.

OCC ....................................................

19 .........................

1 ...........................

4 ...........................

76

Board ..................................................

1 ...........................

1 ...........................

4 ...........................

4

FDIC ...................................................

1 ...........................

1 ...........................

4 ...........................

4

§ __.27 ........................

Strategic plan.

OCC ....................................................

14 .........................

1 ...........................

275 .......................

3,850

Board ..................................................

2 ...........................

1 ...........................

275 .......................

550

FDIC ...................................................

10 .........................

1 ...........................

400 .......................

4,000

§ __.42(d) ....................

Data on affiliate lending data.

OCC ....................................................

25 .........................

1 ...........................

38 .........................

950

Board ..................................................

5 ...........................

1 ...........................

38 .........................

190

FDIC ...................................................

304 .......................

1 ...........................

38 .........................

11,552

§ __.42(e) ....................

Data on lending by a consortium or a

third party.

OCC ....................................................

16 .........................

1 ...........................

17 .........................

272

Board ..................................................

12 .........................

1 ...........................

17 ........................

...............

11,552

§ __.42(e) ....................

Data on lending by a consortium or a

third party.

OCC ....................................................

16 .........................

1 ...........................

17 .........................

272

Board ..................................................

12 .........................

1 ...........................

17 .........................

204

FDIC ...................................................

115 .......................

1 ...........................

17 .........................

1,955

§ __.42(f) .....................

Small banks electing evaluation under

the lending, investment, and serv-

ice tests.

Covered by ...

Burden in .......

§§ 25.42(a) &

(b).

........................

OCC ....................................................

..............................

...............................

...............................

........................

Board ..................................................

..............................

...............................

...............................

........................

FDIC ...................................................

..............................

...............................

...............................

........................

Recordkeeping

§ __.42(a) ....................

Small business and small farm loan

register.

OCC ....................................................

173 .......................

1 ...........................

219 .......................

37,887

Board ..................................................

148 .......................

1 ...........................

219 .......................

32,412

FDIC ...................................................

313 .......................

1 ...........................

219 .......................

68,547

Optional Recordkeeping

§ __.42(c)(1) ................

Consumer loan data.

OCC ....................................................

5 ...........................

1 ..........................

......................

219 .......................

32,412

FDIC ...................................................

313 .......................

1 ...........................

219 .......................

68,547

Optional Recordkeeping

§ __.42(c)(1) ................

Consumer loan data.

OCC ....................................................

5 ...........................

1 ...........................

326 .......................

1,630

Board ..................................................

36 .........................

1 ...........................

326 .......................

11,736

FDIC ...................................................

10 .........................

1 ...........................

326 .......................

3,260

§ __.42(c)(2) ................

Other loan data.

OCC ....................................................

25 .........................

1 ...........................

25 .........................

625

Board ..................................................

26 .........................

1 ...........................

25 .........................

650

FDIC ...................................................

1 ...........................

1 ...........................

25 .........................

25

Disclosure

§§ __.43 and __.44 .....

Public file and public notice.

OCC ....................................................

990 .......................

1 ...........................

10 .........................

9,900

Board ..................................................

704 .......................

1 ...........................

10 .........................

7,040

FDIC ...................................................

2,854 ....................

1 ...........................

10 .........................

28,540

Total Estimated Annual Burden

OCC ....................................................

..............................

...............................

...............................

102,786

Board ..................................................

.............................

...........................

2,854 ....................

1 ...........................

10 .........................

28,540

Total Estimated Annual Burden

OCC ....................................................

..............................

...............................

...............................

102,786

Board ..................................................

..............................

...............................

...............................

91,670

FDIC ...................................................

..............................

...............................

...............................

213,379

Comments are invited on:

(a) Whether the collection of

information is necessary for the proper

performance of the functions of the

agencies, including whether the

information has practical utility; (b) The

accuracy of the agencies’ estimate of the

burden of the collection of information;

(c) Ways to enhance the quality, utility,

and clarity of the information to be

collected; (d) Ways to minimize the

burden of the collection on respondents,

including through the use of automated

collection techniques or other forms of

information technology; and (e)

Estimates of capital or start-up costs and

costs of operation, maintenance, and

purchase of services to provide

information.

Commenters may submit comments

regarding the burden estimate, or any

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orms of

information technology; and (e)

Estimates of capital or start-up costs and

costs of operation, maintenance, and

purchase of services to provide

information.

Commenters may submit comments

regarding the burden estimate, or any

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34099

Federal Register / Vol. 90, No. 136 / Friday, July 18, 2025 / Proposed Rules

other aspect of this collection of

information, including suggestions for

reducing the burden, to the addresses

listed in the ADDRESSES caption in the

proposed rule. All comments will

become a matter of public record. A

copy of the comments may also be

submitted to the OMB desk officer for

the agencies: By mail to U.S. Office of

Management and Budget, 725 17th

Street NW, #10235, Washington, DC

20503; or by email to: oira_submission@

omb.eop.gov, Attention, Federal

Banking Agency Desk Officer.

Providing Accountability Through

Transparency Act of 2023

The Providing Accountability

Through Transparency Act of 2023, 12

U.S.C. 553(b)(4), requires that a notice of

proposed rulemaking include the

internet address of a summary of not

more than 100 words in length of a

proposed rule, in plain language, that

shall be posted on the internet website

www.regulations.gov.

In summary, the agencies propose to

amend their CRA regulations by

rescinding the final rule titled

‘‘Community Reinvestment Act’’

published in the Federal Register on

February 1, 2024, and replacing it with

the agencies’ CRA rule in effect on

March 29, 2024, with certain

conforming and technical amendments.

The agencies are also proposing

technical amendments to their

regulations implementing the CRA

sunshine requirements of the Federal

Deposit Insurance Act, and the OCC is

proposing technical amendments to its

Public Welfare Investments regulation

n

February 1, 2024, and replacing it with

the agencies’ CRA rule in effect on

March 29, 2024, with certain

conforming and technical amendments.

The agencies are also proposing

technical amendments to their

regulations implementing the CRA

sunshine requirements of the Federal

Deposit Insurance Act, and the OCC is

proposing technical amendments to its

Public Welfare Investments regulation.

The proposal and the required

summary can be found for the OCC at

https://www.regulations.gov by

searching for Docket ID OCC–2025–

0005; for the Board at https://

www.federalreserve.gov/apps/proposals,

and for the FDIC at https://

www.fdic.gov/resources/regulations/

federal-register-publications/index.html.

List of Subjects

12 CFR Part 24

Community development, Credit,

Investments, Low and moderate income

housing, Manpower, National banks,

Reporting and recordkeeping

requirements, Rural areas, Small

businesses.

12 CFR Part 25

Community development, Credit,

Investments, National banks, Reporting

and recordkeeping requirements,

Savings associations.

12 CFR Part 35

Community development, Credit,

Freedom of information, Investments,

National banks, Savings associations,

Reporting and recordkeeping

requirements.

12 CFR Part 207

Banks, Banking, Community

development, Holding companies,

Reporting and recordkeeping

requirements.

12 CFR Part 228

Banks, banking, Community

development, Credit, Investments,

Reporting and recordkeeping

requirements.

12 CFR Part 345

Banks, banking, Community

development, Credit, Investments,

Reporting and recordkeeping

requirements.

12 CFR Part 346

Banks, banking, Savings associations.

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the

Currency

12 CFR Chapter I

Authority and Issuance

For the reasons set forth in the

common preamble and under the

authority of 12 U.S.C

ping

requirements.

12 CFR Part 345

Banks, banking, Community

development, Credit, Investments,

Reporting and recordkeeping

requirements.

12 CFR Part 346

Banks, banking, Savings associations.

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the

Currency

12 CFR Chapter I

Authority and Issuance

For the reasons set forth in the

common preamble and under the

authority of 12 U.S.C. 93a and 2905, the

Office of the Comptroller of the

Currency proposes to amend chapter I of

title 12, Code of Federal Regulations as

follows:

PART 24—COMMUNITY AND

ECONOMIC DEVELOPMENT ENTITIES,

COMMUNITY DEVELOPMENT

PROJECTS, AND OTHER PUBLIC

WELFARE INVESTMENTS

■1. The authority citation for part 24 is

revised to read as follows:

Authority: 12 U.S.C. 24 (Eleventh), 93a,

481, and 1818.

§ 24.2

[Amended]

■2. Amend § 24.2 by:

■a. In the introductory text of

paragraph (c), removing ‘‘§ 25.23 of

appendix G to 12 CFR part 25’’ and

adding ‘‘12 CFR 25.23’’ in its place.

■b. In paragraph (f), removing

‘‘§ 25.12(m) of appendix G to 12 CFR

part 25’’ and adding ‘‘12 CFR 25.12(m)’’

in its place.

§ 24.3

[Amended]

■3. Amend § 24.3 by removing ‘‘§ 25.23

of appendix G to 12 CFR part 25’’ and

adding in its place ‘‘12 CFR 25.23’’.

§ 24.7

[Amended]

■4. Amend § 24.7 in paragraph (b) by

removing ‘‘§ 25.23 of appendix G to 12

CFR part 25’’ and adding in its place

‘‘12 CFR 25.23’’.

■5. Part 25 is revised to read as follows:

PART 25—COMMUNITY

REINVESTMENT ACT AND

INTERSTATE DEPOSIT PRODUCTION

REGULATIONS

Subpart A—General

Sec.

25.11

Authority, purposes, and scope.

25.12

Definitions.

Subpart B—Standards for Assessing

Performance

Sec.

25.21

Performance tests, standards, and

ratings, in general.

25.22

Lending test.

25.23

Investment test.

25.24

Service test.

25.25

Community development test for

wholesale or limited purpose banks and

savings associations.

25.26

Small bank and savings association

performance standards.

25.27

Strategic plan.

25.28

Assigned ratings

ns.

Subpart B—Standards for Assessing

Performance

Sec.

25.21

Performance tests, standards, and

ratings, in general.

25.22

Lending test.

25.23

Investment test.

25.24

Service test.

25.25

Community development test for

wholesale or limited purpose banks and

savings associations.

25.26

Small bank and savings association

performance standards.

25.27

Strategic plan.

25.28

Assigned ratings.

25.29

Effect of CRA performance on

applications.

Subpart C—Records, Reporting, and

Disclosure Requirements

Sec.

25.41

Assessment area delineation.

25.42

Data collection, reporting, and

disclosure.

25.43

Content and availability of public file.

25.44

Public notice by banks and savings

associations.

25.45

Publication of planned examination

schedule.

Subpart D—Transition Provisions

Sec.

25.51

Consideration of Bank Activities

25.52

Strategic Plan Retention

Subpart E—Prohibition Against Use of

Interstate Branches Primarily for Deposit

Production

Sec.

25.61

Purpose and scope.

25.62

Definitions.

25.63

Loan-to-deposit ratio screen.

25.64

Credit needs determination.

25.65

Sanctions.

Appendix A to Part 25—Ratings

Appendix B to Part 25—CRA Notice

Authority: 12 U.S.C. 21, 22, 26, 27, 30, 36,

93a, 161, 215, 215a, 481, 1462a, 1463, 1464,

1828(c), 1835a, 2901 through 2908, and 3101

through 3111, and 5412(b)(2)(B).

Subpart A—General

§ 25.11

Authority, purposes, and scope.

(a) Authority and OMB control

number—(1) Authority. The authority

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for subparts A, B, C, D, and E is 12

U.S.C. 21, 22, 26, 27, 30, 36, 93a, 161,

215, 215a, 481, 1462a, 1463, 1464,

1828(c), 1835a, 2901 through 2908, 3101

through 3111, and 5412(b)(2)(B).

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for subparts A, B, C, D, and E is 12

U.S.C. 21, 22, 26, 27, 30, 36, 93a, 161,

215, 215a, 481, 1462a, 1463, 1464,

1828(c), 1835a, 2901 through 2908, 3101

through 3111, and 5412(b)(2)(B).

(2) OMB control number. The

information collection requirements

contained in this part were approved by

the Office of Management and Budget

under the provisions of 44 U.S.C. 3501

et seq. and have been assigned OMB

control number 1557–0160.

(b) Purposes. In enacting the

Community Reinvestment Act (CRA),

the Congress required each appropriate

Federal financial supervisory agency to

assess an institution’s record of helping

to meet the credit needs of the local

communities in which the institution is

chartered, consistent with the safe and

sound operation of the institution, and

to take this record into account in the

agency’s evaluation of an application for

a deposit facility by the institution. This

part is intended to carry out the

purposes of the CRA by:

(1) Establishing the framework and

criteria by which the Office of the

Comptroller of the Currency (OCC) or

the Federal Deposit Insurance

Corporation (FDIC), as appropriate,

assesses a bank’s or savings

association’s record of helping to meet

the credit needs of its entire community,

including low- and moderate-income

neighborhoods, consistent with the safe

and sound operation of the bank or

savings association; and

(2) Providing that the OCC takes that

record into account in considering

certain applications.

t Insurance

Corporation (FDIC), as appropriate,

assesses a bank’s or savings

association’s record of helping to meet

the credit needs of its entire community,

including low- and moderate-income

neighborhoods, consistent with the safe

and sound operation of the bank or

savings association; and

(2) Providing that the OCC takes that

record into account in considering

certain applications.

(c) Scope—(1) General. (i) Subparts A,

B, C, and D, and Appendices A and B,

apply to all banks and savings

associations except as provided in

paragraphs (c)(2) and (3) of this section.

Subpart E only applies to banks.

(ii) With respect to subparts A, B, C,

and D, and Appendices A and B—

(A) The OCC has the authority to

prescribe these regulations for national

banks, Federal savings associations, and

State savings associations and has the

authority to enforce these regulations for

national banks and Federal savings

associations.

(B) The FDIC has the authority to

enforce these regulations for State

savings associations.

(iii) With respect to subparts A, B, C,

and D, and appendix A, references to

appropriate Federal banking agency will

mean the OCC when the institution is a

national bank or Federal savings

association and the FDIC when the

institution is a State savings association.

(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 5(a)(8)

of the International Banking Act of 1978

(12 U.S.C. 3103(a)(8)).

(ii) Except as provided in paragraph

ederal savings

association and the FDIC when the

institution is a State savings association.

(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 5(a)(8)

of the International Banking Act of 1978

(12 U.S.C. 3103(a)(8)).

(ii) Except as provided in paragraph

(c)(2)(i) 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 and

savings associations. This part does not

apply to special purpose banks or

special purpose savings associations

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 or

savings associations include banker’s

banks, as defined in 12 U.S.C. 24

(Seventh), and banks or savings

associations that engage only in one or

more of the following activities:

Providing cash management controlled

disbursement services or serving as

correspondent banks or savings

associations, trust companies, or

clearing agents.

§ 25.12

Definitions.

For purposes of subparts A, B, C, and

D, and appendices A and B, 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.

1841(a)(2), and a company is under

common control with another company

if both companies are directly or

indirectly controlled by the same

company.

s A and B, 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.

1841(a)(2), 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 or

savings association at which deposits

are received, cash dispersed, or money

lent.

(e) (1) Bank or savings association

means, except as provided in § 25.11(c),

a national bank (including a Federal

branch as defined in part 28 of this

chapter) with Federally insured deposits

or a savings association;

(2) Bank and savings association

means, except as provided in § 25.11(c),

a national bank (including a Federal

branch as defined in part 28 of this

chapter) with Federally insured deposits

and a savings association.

(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.

a national bank (including a Federal

branch as defined in part 28 of this

chapter) with Federally insured deposits

and a savings association.

(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 low- or

moderate-income individuals;

(2) Community services targeted to

low- or moderate-income individuals;

(3) Activities that promote economic

development by financing businesses or

farms that meet the size eligibility

standards of the Small Business

Administration’s 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, FDIC, and the 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

low- and 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 or savings

association:

e and

stabilize geographies designated based

on population size, density, and

dispersion if they help to meet essential

community needs, including needs of

low- and 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 or savings

association:

(i) Has not been reported or collected

by the bank or savings association or an

affiliate for consideration in the bank’s

or savings association’s assessment as a

home mortgage, small business, small

farm, or consumer loan, unless the loan

is for a multifamily dwelling (as defined

in § 1003.2(n) of this title); and

(ii) Benefits the bank’s or savings

association’s assessment area(s) or a

broader statewide or regional area(s)

that includes the bank’s or savings

association’s assessment area(s).

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(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

(3) Has not been considered in the

evaluation of the bank’s or savings

association’s retail banking services

under § 25.24(d).

OPOSALS2

34101

Federal Register / Vol. 90, No. 136 / Friday, July 18, 2025 / Proposed Rules

(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

(3) Has not been considered in the

evaluation of the bank’s or savings

association’s retail banking services

under § 25.24(d).

(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 borrower’s 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 open-

end line of credit as these terms are

defined under § 1003.2 of this title, and

that is not an excluded transaction

under § 1003.3(c)(1) through (10) and

(13) of this title.

es 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 open-

end line of credit as these terms are

defined under § 1003.2 of this title, and

that is not an excluded transaction

under § 1003.3(c)(1) 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 or savings

association means a bank or savings

association 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 a limited purpose bank or

savings association is in effect, in

accordance with § 25.25(b).

ly income that is 120

percent or more, in the case of a

geography.

(n) Limited purpose bank or savings

association means a bank or savings

association 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 a limited purpose bank or

savings association is in effect, in

accordance with § 25.25(b).

(o) Loan location. A loan is located as

follows:

(1) A consumer loan is located in the

geography where the borrower resides;

(2) A home mortgage loan is located

in the geography where the property to

which the loan relates is located; and

(3) A small business or small farm

loan is located in the geography where

the main business facility or farm is

located or where the loan proceeds

otherwise will be applied, as indicated

by the borrower.

(p) Loan production office means a

staffed facility, other than a branch, that

is open to the public and that provides

lending-related services, such as loan

information and applications.

(q) Metropolitan division means a

metropolitan division as defined by the

Director of the Office of Management

and Budget.

(r) MSA means a metropolitan

statistical area as defined by the Director

of the Office of Management and

Budget.

(s) Nonmetropolitan area means any

area that is not located in an MSA.

(t) Qualified investment means a

lawful investment, deposit, membership

share, or grant that has as its primary

purpose community development.

ined by the

Director of the Office of Management

and Budget.

(r) MSA means a metropolitan

statistical area as defined by the Director

of the Office of Management and

Budget.

(s) Nonmetropolitan area means any

area that is not located in an MSA.

(t) Qualified investment means a

lawful investment, deposit, membership

share, or grant that has as its primary

purpose community development.

(u) Small bank or savings

association—(1) Definition. Small bank

or savings association means a bank or

savings association that, as of December

31 of either of the prior two calendar

years, had assets of less than $1.609

billion. Intermediate small bank or

savings association means a small bank

or savings association with assets of at

least $402 million as of December 31 of

both of the prior two calendar years and

less than $1.609 billion as of December

31 of either of the prior two calendar

years. The dollar figures in this

paragraph are applicable to banks and

savings associations for calendar year

2025 and are updated annually pursuant

to paragraph (u)(2).

(2) Adjustment. The OCC adjusts and

publishes the dollar figures in paragraph

(u)(1) of this section annually on its

website, www.OCC.gov. This adjustment

is based on the year-to-year change in

the average of the Consumer Price Index

for Urban Wage Earners and Clerical

Workers, not seasonally adjusted, for

each twelve-month period ending in

November, with rounding to the nearest

million.

(v) Small business loan means a loan

included in ‘‘loans to small businesses’’

as defined in the instructions for

preparation of the Consolidated Report

of Condition and Income.

(w) Small farm loan means a loan

included in ‘‘loans to small farms’’ as

defined in the instructions for

preparation of the Consolidated Report

of Condition and Income.

er, with rounding to the nearest

million.

(v) Small business loan means a loan

included in ‘‘loans to small businesses’’

as defined in the instructions for

preparation of the Consolidated Report

of Condition and Income.

(w) Small farm loan means a loan

included in ‘‘loans to small farms’’ as

defined in the instructions for

preparation of the Consolidated Report

of Condition and Income.

(x) Wholesale bank or savings

association means a bank or savings

association that is not in the business of

extending home mortgage, small

business, small farm, or consumer loans

to retail customers, and for which a

designation as a wholesale bank or

savings association is in effect, in

accordance with § 25.25(b).

Subpart B—Standards for Assessing

Performance

§ 25.21

Performance tests, standards, and

ratings, in general.

(a) Performance tests and standards.

The appropriate Federal banking agency

assesses the CRA performance of a bank

or savings association in an examination

as follows:

(1) Lending, investment, and service

tests. The appropriate Federal banking

agency applies the lending, investment,

and service tests, as provided in

§§ 25.22 through 25.24, in evaluating

the performance of a bank or savings

association, except as provided in

paragraphs (a)(2), (3), and (4) of this

section.

(2) Community development test for

wholesale or limited purpose banks and

savings associations. The appropriate

Federal banking agency applies the

community development test for a

wholesale or limited purpose bank or

savings association, as provided in

§ 25.25, except as provided in paragraph

or savings

association, except as provided in

paragraphs (a)(2), (3), and (4) of this

section.

(2) Community development test for

wholesale or limited purpose banks and

savings associations. The appropriate

Federal banking agency applies the

community development test for a

wholesale or limited purpose bank or

savings association, as provided in

§ 25.25, except as provided in paragraph

(a)(4) of this section.

(3) Small bank and savings

association performance standards. The

appropriate Federal banking agency

applies the small bank or savings

association performance standards as

provided in § 25.26 in evaluating the

performance of a small bank or savings

association or a bank or savings

association that was a small bank or

savings association during the prior

calendar year, unless the bank or

savings association elects to be assessed

as provided in paragraphs (a)(1), (2), or

(4) of this section. The bank or savings

association may elect to be assessed as

provided in paragraph (a)(1) of this

section only if it collects and reports the

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Federal Register / Vol. 90, No. 136 / Friday, July 18, 2025 / Proposed Rules

data required for other banks or savings

associations under § 25.42.

(4) Strategic plan. The appropriate

Federal banking agency evaluates the

performance of a bank or savings

association under a strategic plan if the

bank or savings association submits, and

the appropriate Federal banking agency

approves, a strategic plan as provided in

§ 25.27.

/ Friday, July 18, 2025 / Proposed Rules

data required for other banks or savings

associations under § 25.42.

(4) Strategic plan. The appropriate

Federal banking agency evaluates the

performance of a bank or savings

association under a strategic plan if the

bank or savings association submits, and

the appropriate Federal banking agency

approves, a strategic plan as provided in

§ 25.27.

(b) Performance context. The

appropriate Federal banking agency

applies the tests and standards in

paragraph (a) of this section and also

considers whether to approve a

proposed strategic plan in the context

of:

(1) Demographic data on median

income levels, distribution of household

income, nature of housing stock,

housing costs, and other relevant data

pertaining to a bank’s or savings

association’s assessment area(s);

(2) Any information about lending,

investment, and service opportunities in

the bank’s or savings association’s

assessment area(s) maintained by the

bank or savings association or obtained

from community organizations, state,

local, and tribal governments, economic

development agencies, or other sources;

(3) The bank’s or savings association’s

product offerings and business strategy

as determined from data provided by

the bank or savings association;

(4) Institutional capacity and

constraints, including the size and

financial condition of the bank or

savings association, the economic

climate (national, regional, and local),

safety and soundness limitations, and

any other factors that significantly affect

the bank’s or savings association’s

ability to provide lending, investments,

or services in its assessment area(s);

(5) The bank’s or savings association’s

past performance and the performance

of similarly situated lenders;

bank or

savings association, the economic

climate (national, regional, and local),

safety and soundness limitations, and

any other factors that significantly affect

the bank’s or savings association’s

ability to provide lending, investments,

or services in its assessment area(s);

(5) The bank’s or savings association’s

past performance and the performance

of similarly situated lenders;

(6) The bank’s or savings association’s

public file, as described in § 25.43, and

any written comments about the bank’s

or savings association’s CRA

performance submitted to the bank or

savings association or the appropriate

Federal banking agency; and

(7) Any other information deemed

relevant by the appropriate Federal

banking agency.

(c) Assigned ratings. The appropriate

Federal banking agency assigns to a

bank or savings association one of the

following four ratings pursuant to

§ 25.28 and appendix A of this part:

‘‘outstanding’’; ‘‘satisfactory’’; ‘‘needs to

improve’’; or ‘‘substantial

noncompliance’’ as provided in 12

U.S.C. 2906(b)(2). The rating assigned

by the appropriate Federal banking

agency reflects the bank’s or savings

association’s record of helping to meet

the credit needs of its entire community,

including low- and moderate-income

neighborhoods, consistent with the safe

and sound operation of the bank or

savings association.

(d) Safe and sound operations. This

part and the CRA do not require a bank

or savings association to make loans or

investments or to provide services that

are inconsistent with safe and sound

operations. To the contrary, the

appropriate Federal banking agency

anticipates banks and savings

associations can meet the standards of

this part with safe and sound loans,

investments, and services on which the

banks and savings associations expect to

make a profit

bank

or savings association to make loans or

investments or to provide services that

are inconsistent with safe and sound

operations. To the contrary, the

appropriate Federal banking agency

anticipates banks and savings

associations can meet the standards of

this part with safe and sound loans,

investments, and services on which the

banks and savings associations expect to

make a profit. Banks and savings

associations are permitted and

encouraged to develop and apply

flexible underwriting standards for

loans that benefit low- or moderate-

income geographies or individuals, only

if consistent with safe and sound

operations.

(e) Low-cost education loans provided

to low-income borrowers. In assessing

and taking into account the record of a

bank or savings association under this

part, the appropriate Federal banking

agency considers, as a factor, low-cost

education loans originated by the bank

or savings association to borrowers,

particularly in its assessment area(s),

who have an individual income that is

less than 50 percent of the area median

income. For purposes of this paragraph,

‘‘low-cost education loans’’ means any

education loan, as defined in section

140(a)(7) of the Truth in Lending Act

(15 U.S.C. 1650(a)(7)) (including a loan

under a State or local education loan

program), originated by the bank or

savings association for a student at an

‘‘institution of higher education,’’ as

that term is generally defined in

sections 101 and 102 of the Higher

Education Act of 1965 (20 U.S.C. 1001

and 1002) and the implementing

regulations published by the U.S.

Department of Education, with interest

rates and fees no greater than those of

comparable education loans offered

directly by the U.S. Department of

Education. Such rates and fees are

specified in section 455 of the Higher

Education Act of 1965 (20 U.S.C.

1087e).

and 102 of the Higher

Education Act of 1965 (20 U.S.C. 1001

and 1002) and the implementing

regulations published by the U.S.

Department of Education, with interest

rates and fees no greater than those of

comparable education loans offered

directly by the U.S. Department of

Education. Such rates and fees are

specified in section 455 of the Higher

Education Act of 1965 (20 U.S.C.

1087e).

(f) Activities in cooperation with

minority- or women-owned financial

institutions and low-income credit

unions. In assessing and taking into

account the record of a nonminority-

owned and nonwomen-owned bank or

savings association under this part, the

appropriate Federal banking agency

considers as a factor capital investment,

loan participation, and other ventures

undertaken by the bank or savings

association in cooperation with

minority- and women-owned financial

institutions and low-income credit

unions. Such activities must help meet

the credit needs of local communities in

which the minority- and women-owned

financial institutions and low-income

credit unions are chartered. To be

considered, such activities need not also

benefit the bank’s or savings

association’s assessment area(s) or the

broader statewide or regional area(s)

that includes the bank’s or savings

association’s assessment area(s).

§ 25.22

Lending test.

(a) Scope of test. (1) The lending test

evaluates a bank’s or savings

association’s record of helping to meet

the credit needs of its assessment area(s)

through its lending acti

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FDIC Approves Notice of Proposed Rulemaking to Rescind the 2023 Community Reinvestment Act Final Rule · FDIC FIL-36-2025 | Frix