Regulations last checked for updates: Nov 22, 2024

Title 12 - Banks and Banking last revised: Nov 20, 2024
Appendix Appendix C - Appendix C to Part 228—Performance Test Conclusions

a. Performance test conclusions, in general. For a bank evaluated under, as applicable, the Retail Lending Test in § 228.22, the Retail Services and Products Test in § 228.23, the Community Development Financing Test in § 228.24, the Community Development Services Test in § 228.25, and the Community Development Financing Test for Limited Purpose Banks in § 228.26, the Board assigns conclusions for the bank's CRA performance pursuant to these tests and this appendix. In assigning conclusions, the Board may consider performance context information as provided in § 228.21(d).

b. Retail Lending Test conclusions. The Board assigns Retail Lending Test conclusions for each applicable Retail Lending Test Area, each State or multistate MSA, as applicable pursuant to § 228.28(c), and for the institution.

1. Retail Lending Test Area. For each applicable Retail Lending Test Area, the Board assigns a Retail Lending Test conclusion and corresponding performance score pursuant to § 228.22(h)(1), as follows:

Conclusion Performance score
Outstanding10
High Satisfactory7
Low Satisfactory6
Needs to Improve3
Substantial Noncompliance0

2. State, multistate MSA, and institution. The Board assigns the Retail Lending Test conclusions for a bank's performance in each State or multistate MSA, as applicable, and for the institution, as set forth in section VIII of appendix A to this part.

c. Retail Services and Products Test conclusions. The Board assigns Retail Services and Products Test conclusions for each facility-based assessment area, for each State or multistate MSA, as applicable pursuant to § 228.28(c), and for the institution. For a bank that does not operate any branches, a main office described in § 228.23(a)(2), or remote service facilities, the Board assigns the bank's digital delivery systems and other delivery systems conclusion as the Retail Services and Product Test conclusion for the State or multistate MSA, as applicable.

1. Facility-based assessment area. The Board assigns a Retail Services and Products Test conclusion for a bank's performance in a facility-based assessment area based on an evaluation of the bank's branch availability and services and remote services facilities availability, if applicable, pursuant to § 228.23(b)(2) and (3), respectively.

2. State, multistate MSA, and institution. The Board develops the Retail Services and Products Test conclusions for States, multistate MSAs, and the institution as described in this paragraph c.2.

i. The Board translates Retail Services and Products Test conclusions for facility-based assessment areas into numerical performance scores as follows:

Conclusion Performance score
Outstanding10
High Satisfactory7
Low Satisfactory6
Needs to Improve3
Substantial Noncompliance0

ii. The Board calculates the weighted average of facility-based assessment area performance scores for a State or multistate MSA, as applicable, and for the institution. For the weighted average for a State or multistate MSA, the Board considers facility-based assessment areas in the State or multistate MSA pursuant to § 228.28(c). For the weighted average for the institution, the Board considers all of the bank's facility-based assessment areas. Each facility-based assessment area performance score is weighted by the average the following two ratios:

A. The ratio measuring the share of the bank's deposits in the facility-based assessment area, calculated by:

1. Summing, over the years in the evaluation period, the bank's annual dollar volume of deposits in the facility-based assessment area.

2. Summing, over the years in the evaluation period, the bank's annual dollar volume of deposits in all facility-based assessment areas in the State, in the multistate MSA, or for the institution, as applicable.

3. Dividing the result of paragraph c.2.ii.A.1 of this appendix by the result of paragraph c.2.ii.A.2 of this appendix.

For a bank that reports deposits data pursuant to § 228.42(b)(3), the bank's annual dollar volume of deposits in a facility-based assessment area is the total of annual average daily balances of deposits reported by the bank in counties in the facility-based assessment area for that year. For a bank that does not report deposits data pursuant to § 228.42(b)(3), the bank's annual dollar volume of deposits in a facility-based assessment area is the total of deposits assigned to facilities reported by the bank in the facility-based assessment area in the FDIC's Summary of Deposits for that year.

B. The ratio measuring the share of the bank's loans in the facility-based assessment area, based on the combination of loan dollars and loan count, as defined in § 228.12, calculated by dividing:

1. The bank's closed-end home mortgage loans, small business loans, small farm loans, and, if a product line for the bank, automobile loans in the facility-based assessment area originated or purchased during the evaluation period; by

2. The bank's closed-end home mortgage loans, small business loans, small farm loans, and, if a product line for the bank, automobile loans in all facility-based assessment areas in the State, in the multistate MSA, or for the institution, as applicable, originated or purchased during the evaluation period.

iii. For a State or multistate MSA, as applicable, the Board assigns a Retail Services and Products Test conclusion corresponding to the conclusion category that is nearest to the weighted average for the State or multistate MSA calculated pursuant to paragraph c.2.ii of this appendix (i.e., the performance score for the Retail Services and Products Test for the State or multistate MSA).

Performance score for the retail services and products test Conclusion
8.5 or moreOutstanding.
6.5 or more but less than 8.5High Satisfactory.
4.5 or more but less than 6.5Low Satisfactory.
1.5 or more but less than 4.5Needs to Improve.
less than 1.5Substantial Noncompliance.

iv. For the institution, the Board assigns a Retail Services and Products Test conclusion based on the bank's combined retail banking services conclusion, developed pursuant to paragraph c.2.iv.A of this appendix, and an evaluation of the bank's retail banking products, pursuant to paragraph c.2.iv.B of this appendix. The Board translates the Retail Services and Products Test conclusion for the institution into a numerical performance score, as follows:

Conclusion Performance score
Outstanding10
High Satisfactory7
Low Satisfactory6
Needs to Improve3
Substantial Noncompliance0

A. Combined retail banking services conclusion. 1. In general. The Board evaluates the bank's retail banking services, as applicable, and assigns a combined retail banking services conclusion based the weighted average for the institution calculated pursuant to paragraph c.2.ii of this appendix and a digital and other delivery systems conclusion, assigned pursuant to paragraph c.2.iv.A.1 of this appendix. For a large bank without branches, a main office described in § 228.23(a)(2), or remote service facilities, the Board assigns a combined retail banking services conclusion based only on a digital delivery systems and other delivery systems conclusion, assigned pursuant to paragraph c.2.iv.A.1 of this appendix.

2. Digital delivery systems and other delivery systems conclusion. The Board assigns a digital delivery systems and other delivery systems conclusion based on an evaluation of a bank's digital delivery systems and other delivery systems pursuant to § 228.23(b)(4).

B. Retail banking products evaluation. The Board evaluates the bank's retail banking products offered in the bank's facility-based assessment areas and nationwide, as applicable, as follows:

1. Credit products and programs. The Board evaluates the bank's performance regarding its credit products and programs pursuant to § 228.23(c)(2) and determines whether the bank's performance contributes positively to the bank's Retail Services and Products Test conclusion that would have resulted based solely on the retail banking services conclusion pursuant to paragraph c.2.iv.A of this appendix.

2. Deposit products. The Board evaluates the bank's performance regarding its deposit products pursuant to § 228.23(c)(3), as applicable, and determines whether the bank's performance contributes positively to the bank's Retail Services and Products Test conclusion that would have resulted based solely on the combined retail banking services conclusion pursuant to paragraph c.2.iv.A of this appendix.

3. Impact of retail banking products on Retail Services and Products Test conclusion. The bank's retail banking products evaluated pursuant to § 228.23(c) may positively impact the bank's Retail Services and Products Test conclusion. The bank's lack of responsive retail banking products does not adversely affect the bank's Retail Services and Products Test performance conclusion.

d. Community Development Financing Test conclusions. The Board assigns Community Development Financing Test conclusions for each facility-based assessment area, each State or multistate MSA, as applicable pursuant to § 228.28(c), and for the institution.

1. Facility-based assessment area. For each facility-based assessment area, the Board assigns a Community Development Financing Test conclusion and corresponding performance score based on the metric and benchmarks as provided in § 228.24 and a review of the impact and responsiveness of a bank's activities as provided in § 228.15 as follows:

Conclusion Performance score
Outstanding10
High Satisfactory7
Low Satisfactory6
Needs to Improve3
Substantial Noncompliance0

2. State, multistate MSA, and institution. The Board assigns Community Development Financing Test conclusions for a bank's performance in each State and multistate MSA, as applicable pursuant to § 228.28(c), and for the institution as set forth in paragraph II.p of appendix B to this part.

e. Community Development Services Test conclusions. The Board assigns Community Development Services Test conclusions for each facility-based assessment area, each State or multistate MSA, as applicable pursuant to § 228.28(c), and for the institution.

1. Facility-based assessment area. For each facility-based assessment area, the Board develops a Community Development Services Test conclusion based on the extent to which a bank provided community development services, considering the factors in § 228.25(b). The Board translates the conclusion for each facility-based assessment area into a numerical performance score as follows:

Conclusion Performance score
Outstanding10
High Satisfactory7
Low Satisfactory6
Needs to Improve3
Substantial Noncompliance0

2. State, multistate MSA, or nationwide area. For each State or multistate MSA, as applicable pursuant to § 228.28(c), and the nationwide area, the Board develops a Community Development Services Test conclusion as follows:

i. The Board calculates a weighted average of the performance scores corresponding to the performance test conclusions pursuant to section IV of appendix B to this part. The resulting number is the Community Development Services Test performance score for a State, multistate MSA, or the institution. Subject to paragraph e.2.ii of this appendix, the Board assigns a Community Development Services Test conclusion corresponding to the conclusion category that is nearest to the performance score for the Community Development Services Test as follows:

Performance score for the community
development services test
Conclusion
8.5 or moreOutstanding.
6.5 or more but less than 8.5High Satisfactory.
4.5 or more but less than 6.5Low Satisfactory.
1.5 or more but less than 4.5Needs to Improve.
Less than 1.5Substantial Noncompliance.

ii. The Board may adjust upwards the Community Development Services Test conclusion assigned under paragraph e.2.i of this appendix, based on Community Development Services Test activities performed outside of facility-based assessment areas as provided in § 228.19. If there is no upward adjustment, the performance score used for the ratings calculations described in paragraph b.1 of appendix D to this part is the Community Development Services Test performance score discussed in paragraph e.2.i of this appendix. If there is an upward adjustment, the Board translates the Community Development Services Test conclusion into a numerical performance score, which will be used for the ratings calculations described in paragraph b.1 of appendix D to this part, as follows:

Conclusion Performance score
Outstanding10
High Satisfactory7
Low Satisfactory6
Needs to Improve3
Substantial Noncompliance0

f. Community Development Financing Test for Limited Purpose Banks conclusions. The Board assigns conclusions for each facility-based assessment area, each State or multistate MSA, as applicable pursuant to § 228.28(c), and for the institution.

1. Facility-based assessment area. For each facility-based assessment area, the Board assigns one of the following Community Development Financing Test for Limited Purpose Banks conclusions based on consideration of the dollar volume of a bank's community development loans and community development investments that benefit or serve the facility-based assessment area over the evaluation period, and a review of the impact and responsiveness of the bank's activities in the facility-based assessment area as provided in § 228.15: “Outstanding”; “High Satisfactory”; “Low Satisfactory”; “Needs to Improve”; or “Substantial Noncompliance.”

2. State or multistate MSA. For each State or multistate MSA, as applicable pursuant to § 228.28(c), the Board assigns a Community Development Financing Test for Limited Purpose Banks conclusion of “Outstanding,” “High Satisfactory,” “Low Satisfactory,” “Needs to Improve,” or “Substantial Noncompliance” based on the following:

i. The bank's facility-based assessment area performance test conclusions in each State or multistate MSA, as applicable;

ii. The dollar volume of a bank's community development loans and community development investments that benefit or serve the State or multistate MSAs, as applicable, over the evaluation period; and

iii. A review of the impact and responsiveness of the bank's activities in the State or multistate MSAs, as provided in § 228.15.

3. Institution. For the institution, the Board assigns a Community Development Financing Test for Limited Purpose Banks conclusion of “Outstanding,” “High Satisfactory,” “Low Satisfactory,” “Needs to Improve,” or “Substantial Noncompliance” based on the following:

i. The bank's community development financing performance in all of its facility-based assessment areas;

ii. The Board's comparison of the bank's Limited Purpose Bank Community Development Financing Metric to both the Nationwide Limited Purpose Bank Community Development Financing Benchmark and the Nationwide Asset-Based Community Development Financing Benchmark;

iii. The Board's comparison of the bank's Limited Purpose Bank Community Development Investment Metric to the Nationwide Asset-Based Community Development Investment Benchmark; and

iv. A review of the impact and responsiveness of the bank's activities in a nationwide area as provided in § 228.15.

g. Strategic Plan conclusions. The Board assigns conclusions for a bank that operates under an approved plan in facility-based assessment areas, retail lending assessment areas, outside retail lending areas, State or multistate MSA, as applicable pursuant to § 228.28(c), and for the institution. The Board assigns conclusions consistent with the methodology set forth by the bank in its plan. For elements of the plan that correspond to performance tests that would apply to the bank in the absence of an approved plan, the plan should include a conclusion methodology that is generally consistent with paragraphs b through f of this appendix.

source: Reg. BB, 89 FR 7188, Feb. 1, 2024, unless otherwise noted.