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FDIC Federal Register Citations Community Bank of the Bay September 28, 2004 Mr. Robert E. Feldman Dear Mr. Feldman: I am a Director of Community Bank of the Bay, located in Oakland, California. My bank is just under 40 million in assets and is a designated Community Development Financial Institution (CDFI). I am writing to strongly support. the FDIC's proposal to raise the threshold for thee; streamlined small bank CRA examination to $1 billion without regard to-the size of the bank's holding'company. This would greatly relieve the regulatory burden imposed on many smallbanks such as my own under the current regulation; which are required to meet the 'standards imposed-on the nation's largest $1 trillion banks. I understand that this is not an exemption from CRA and that my bank would-still have to help meet the credit needs of its entire community and be evaluated by my regulator. I also support the addition of a community development criterion to the small bank examination for larger community banks. It appears to be a significant improvement over"the investment test. However, I urge the FDIC to adopt its original $500 million threshold for small banks without a CD criterion and only apply the new CD criterion to community banks greater than $500 million up to $1 billion. Banks under $500 million now hold about the same percent of overall industry assets as community banks under $250 million did a decade ago when the revised CRA regulations were adopted, so this adjustment in the CRA threshold is appropriate. As FDIC examiners know, it has proven extremely difficult for small banks, especially those in rural-areas, to find appropriate CRA qualified investments in their communities. Many small banks have had to make regional or statewide investments that are extremely unlikely to ever benefit the banks' own communities. That was certainly not intent of Congress when it enacted CRA. An additional reason to support the FDIC's CD criterion is that it significantly reduces the current regulation's "cliff effect. Today, when a small bank goes over $250 million, it must completely reorganize its CRA program and begin a massive new reporting, monitoring and investment program. If the FDIC _ adopts its proposal, a state nonmember bank would move from the small bank examination to an expanded but still streamlined small bank examination, with the flexibility to mix Community Development loans, services and investments to meet the new CD criterion. This would be far more appropriate to the size of the bank, and far better than subjecting the community bank to the same large bank examination that applies to $1 trillion banks. This more graduated transition to the large bank examination is a significant improvement over the current regulation. I strongly oppose making the CD criterion a separate test from the bank's overall CRA evaluation. For a community bank, CD lending is not significantly different from the provision of credit to the entire community. The current small bank test considers the institution's overall lending in its community. The addition of a category of CD lending (and services to aid lending and investments as a substitute for lending) fits well within the concept of serving the whole community. A separate test would create an additional CD obligation and regulatory burden that would erode the benefit of the streamlined exam. Since nearly all (exceeds 90%) of our loans are within 10 miles of our office, following on all of the required paperwork makes little sense to us. This correlation between proximity of loans and the offices of community banks is just what distinguishes community banks from the major banks. In conclusion, I believe
that the FDIC has proposed a major improvement in the CRA regulations, one
that much more closely aligns the regulations with the Community Reinvestment
Act itself, and I urge the FDIC to adopt its proposal, with the recommendations
above. I will be happy to discuss these issues further with you, if that
would be helpful. Sincerely
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| Last Updated 10/21/2004 | regs@fdic.gov | |