(a) Illustrative list—(1) Issuing and maintaining the illustrative list. The Board, the FDIC, and the OCC jointly issue and maintain a publicly available illustrative list of non-exhaustive examples of loans, investments, and services that qualify for community development consideration as provided in § 345.13.

(2) Modifying the illustrative list. (i) The Board, the FDIC, and the OCC update the illustrative list in paragraph (a)(1) of this section periodically.

(ii) If the Board, the FDIC, and the OCC determine that a loan or investment is no longer eligible for community development consideration, the owner of the loan or investment at the time of the determination will continue to receive community development consideration for the remaining term or period of the loan or investment. However, these loans or investments will not be considered eligible for community development consideration for any new purchasers of that loan or investment after the agencies make a determination that the loan or investment is no longer eligible for community development consideration.

(b) Confirmation of eligibility—(1) Request for confirmation of eligibility. A bank subject to this part may request that the FDIC confirm that a loan, investment, or service is eligible for community development consideration by submitting a request to, and in a format prescribed by, the FDIC.

(2) Determination of eligibility. (i) To determine the eligibility of a loan, investment, or service for which a request has been submitted under paragraph (b)(1) of this section, the FDIC considers:

(A) Information that describes and supports the request; and

(B) Any other information that the FDIC deems relevant.

(ii) The Board, the FDIC, and the OCC expect and are presumed to jointly determine eligibility of a loan, investment, or service under paragraph (b)(2)(i) of this section to promote consistency. Before making a determination under paragraph (b)(2)(i) of this section, the FDIC consults with the Board and OCC regarding the eligibility of a loan, investment, or service.

(iii) The FDIC may impose limitations or requirements on a determination of the eligibility of a loan, investment, or service to ensure consistency with this part.

(3) Notification of eligibility. The FDIC notifies the requestor and the Board and OCC in writing of any determination under paragraph (b)(2) of this section, as well as the rationale for such determination.