§ 228.30 Intermediate bank performance evaluation. ( a ) *Intermediate bank performance evaluation* — ( 1 ) *In general.* The Board evaluates an intermediate bank's record of helping to meet the credit needs of its entire community pursuant to the Retail Lending Test in § 228.22 and the Intermediate Bank Community Development Test as provided in paragraph (a)(2) of this section, unless an intermediate bank opts to be evaluated pursuant to the Community Development Financing Test in § 228.24.
( 2 ) *Intermediate Bank Community Development Test.* ( i ) An intermediate bank's community development performance is evaluated pursuant to the following criteria: ( A ) The number and dollar amount of community development loans;
( B ) The number and dollar amount of community development investments;
( C ) The extent to which the bank provides community development services; and
( D ) The bank's responsiveness through such community development loans, community development investments, and community development services to community development needs. The Board's evaluation of the responsiveness of the bank's activities is informed by information provided by the bank, and may be informed by the impact and responsiveness review factors described in § 228.15(b).
( ii ) The Board considers an intermediate bank's community development loans, community development investments, and community development services without regard to whether the activity is made in one or more of the bank's facility-based assessment areas. The extent of the Board's consideration of community development loans, community development investments, and community development services outside of the bank's facility-based assessment areas will depend on the adequacy of the bank's responsiveness to community development needs and opportunities within the bank's facility-based assessment areas and applicable performance context information.
( b ) *Additional consideration* — ( 1 ) *Intermediate banks evaluated pursuant to the Intermediate Bank Community Development Test.* The Board may adjust the rating of an intermediate bank evaluated as provided in paragraph (a)(2) of this section from “Satisfactory” to “Outstanding” at the institution level where the bank requests and receives additional consideration for activities that would qualify pursuant to the Retail Services and Products Test in § 228.23.
( 2 ) *Intermediate banks evaluated pursuant to the Community Development Financing Test.* The Board may adjust the rating of an intermediate bank that opts to be evaluated pursuant to the Community Development Financing Test in § 228.24 from “Satisfactory” to “Outstanding” at the institution level where the bank requests and receives additional consideration for activities that would qualify pursuant to the Retail Services and Products Test in § 228.23, the Community Development Services Test in § 228.25, or both.
( 3 ) *Additional consideration for low-cost education loans.* Notwithstanding paragraphs (b)(1) and (2) of this section, an intermediate bank may request and receive additional consideration at the institution level for providing low-cost education loans to low-income borrowers pursuant to 12 U.S.C. 2903(d), regardless of the intermediate bank's overall institution rating.
( c ) *Intermediate bank performance conclusions and ratings* — ( 1 ) *Conclusions.* The Board assigns a conclusion for the performance of an intermediate bank evaluated pursuant to this section as provided in appendices C and E to this part. In assigning conclusions for an intermediate bank, the Board may consider performance context information as provided in § 228.21(d).
( 2 ) *Ratings.* The Board rates the performance of an intermediate bank evaluated under this section as provided in appendix D to this part.