; generally applicable risk-based capital requirements The terms generally applicable leverage capital requirements and generally applicable risk-based capital requirements have the meanings given those terms in section 171(a) of the Financial Stability Act of 2010 ( 12 U.S.C. 5371(a) ). (3) Qualifying community bank (A) Asset threshold The term qualifying community bank means a depository institution or depository institution holding company with total consolidated assets of less than $10,000,000,000. (B) Risk profile The appropriate Federal banking agencies may determine that a depository institution or depository institution holding company (or a class of depository institutions or depository institution holding companies) described in subparagraph (A) is not a qualifying community bank based on the depository institution’s or depository institution holding company’s risk profile, which shall be based on consideration of— (i) off-balance sheet exposures; (ii) trading assets and liabilities; (iii) total notional derivatives exposures; and (iv) such other factors as the appropriate Federal banking agencies determine appropriate. (b) Community Bank Leverage Ratio The appropriate Federal banking agencies shall, through notice and comment rule making under section 553 of title 5, United States Code— (1) develop a Community Bank Leverage Ratio of not less than 8 percent and not more than 10 percent for qualifying community banks; and (2) establish procedures for treatment of a qualified community bank that has a Community Bank Leverage Ratio that is below the percentage developed under paragraph (1). (c) Capital compliance (1) In general Any qualifying community bank that meets the Community Bank Leverage Ratio developed under subsection (b)(1) shall be considered to have met— (A) the generally applicable leverage capital requirements and the generally applicable risk-based capital requirements