Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Proposed Rules 82965 

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Signing Authority 

This document of the Department of 

Energy was signed on December 8, 2020, 

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Efficiency and Renewable Energy, 

pursuant to delegated authority from the 

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Signed in Washington, DC, on December 9, 

2020. 

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Department of Energy. 

[FR Doc. 2020–27456 Filed 12–18–20; 8:45 am] 

BILLING CODE 6450–01–P 

FEDERAL HOUSING FINANCE 

AGENCY 

12 CFR Part 1282 

RIN 2590–AB12 

Enterprise Housing Goals 

AGENCY: Federal Housing Finance 

Agency. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Federal Housing Finance 

Agency (FHFA) is publishing an 

Advance Notice of Proposed 

Rulemaking (ANPR) requesting public 

comment on a variety of questions 

related to potential changes to the 

regulation establishing housing goals for 

Fannie Mae and Freddie Mac 

(Enterprises). FHFA will consider 

public comments received on these 

questions in order to inform rulemaking 

that is planned for 2021 to establish 

single-family and multifamily housing 

goals benchmark levels for 2022 and 

82966 Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Proposed Rules 

1 12 CFR part 1282. 

2See 12 U.S.C. 4562(e)(1). 

3See 12 U.S.C. 4562(i). 

4See 12 U.S.C. 4562(a) and 12 CFR 

1282.16(b)(10). 

5See 12 CFR 1282.16(b)(8). 

6Some examples of factors associated with higher 

risk include high debt-to-income ratio, high loan-tovalue ratio, or low credit score, among others. 

‘‘Risk-layering’’ refers to loans with more than one 

such factor. 

beyond, and to make other changes to 

the Enterprise housing goals regulation, 

as appropriate. 

DATES: Comments must be received on 

or before February 28, 2021. 

ADDRESSES: You may submit your 

comments on the ANPR, identified by 

regulatory information number (RIN) 

2590–AB12, by any one of the following 

methods: 

• Agency website: https://

www.fhfa.gov/open-for-comment-orinput. 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. If 

you submit your comment to the 

Federal eRulemaking Portal, please also 

send it by email to FHFA at 

RegComments@fhfa.gov to ensure 

timely receipt by FHFA. Include the 

following information in the subject line 

of your submission: Comments/RIN 

2590–AB12. 

• Hand Delivered/Courier: The hand 

delivery address is: Alfred M. Pollard, 

General Counsel, Attention: Comments/ 

RIN 2590–AB12, Federal Housing 

Finance Agency, Eighth Floor, 400 

Seventh Street SW, Washington, DC 

20219. Deliver the package at the 

Seventh Street entrance Guard Desk, 

First Floor, on business days between 9 

a.m. and 5 p.m. 

• U.S. Mail, United Parcel Service, 

Federal Express, or Other Mail Service: 

The mailing address for comments is: 

Alfred M. Pollard, General Counsel, 

Attention: Comments/RIN 2590–AB12, 

Federal Housing Finance Agency, 

Eighth Floor, 400 Seventh Street SW, 

Washington, DC 20219. Please note that 

all mail sent to FHFA via U.S. Mail is 

routed through a national irradiation 

facility, a process that may delay 

delivery by approximately two weeks. 

FOR FURTHER INFORMATION CONTACT: Ted 

Wartell, Associate Director, Office of 

Housing & Community Investment, 

Division of Housing Mission and Goals, 

at (202) 649–3157, Ted.Wartell@

fhfa.gov; Padmasini Raman, Supervisory 

Policy Analyst, Office of Housing & 

Community Investment, Division of 

Housing Mission and Goals, at (202) 

649–3633, Padmasini.Raman@fhfa.gov; 

or Kevin Sheehan, Associate General 

Counsel, Office of General Counsel, 

(202) 649–3086, Kevin.Sheehan@

fhfa.gov. These are not toll-free 

numbers. The mailing address is: 

Federal Housing Finance Agency, 400 

Seventh Street SW, Washington, DC 

20219. The telephone number for the 

Telecommunications Device for the Deaf 

is (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Comments 

FHFA invites comments on all aspects 

of this ANPR. Copies of all comments 

will be posted without change, 

including any personal information you 

provide such as your name, address, 

email address, and telephone number, 

on the FHFA website at https://

www.fhfa.gov. In addition, copies of all 

comments received will be available for 

examination by the public through the 

electronic rulemaking docket for this 

ANPR, also located on the FHFA 

website. 

II. Advance Notice of Proposed 

Rulemaking 

This ANPR seeks public comments on 

a variety of questions related to 

potential changes to the Enterprise 

housing goals regulation.1 FHFA plans 

to issue a proposed rule in 2021 that 

would establish new benchmark levels 

for the Enterprise housing goals for 2022 

and beyond, as well as make other 

changes to the regulation as appropriate. 

Based on the comments received in 

response to this ANPR, FHFA may 

propose revisions to the Enterprise 

housing goals regulation for comment in 

the proposed rule planned for 2021 or 

in a later rulemaking. FHFA invites 

comments on the specific questions set 

forth in this ANPR, and on any other 

issues that commenters think should be 

addressed as part of the rulemaking that 

will establish the housing goals 

benchmark levels for 2022 and beyond. 

Question 1: Are there categories of 

loans that should be excluded from 

receiving housing goals credit under the 

Federal Housing Enterprises Financial 

Safety and Soundness Act of 1992 

(Safety and Soundness Act) provisions 

on ‘‘unacceptable business and lending 

practices?’’ 

The Safety and Soundness Act 

requires FHFA to exclude ‘‘segments of 

the market determined to be 

unacceptable or contrary to good 

lending practices, inconsistent with 

safety and soundness, or unauthorized 

for purchase by the enterprises’’ from 

consideration in setting the singlefamily housing goals.2 FHFA may not 

give credit toward achievement of the 

housing goals for mortgages that are 

‘‘determined to be unacceptable or 

contrary to good lending practices, 

inconsistent with safety and soundness, 

or unauthorized for purchase by the 

enterprises.’’ 3

The current exclusions under the 

Enterprise housing goals regulation 

generally focus on types of loans or 

other product characteristics, rather 

than loans that are unacceptable or 

contrary to good lending practices. 

However, FHFA may also make 

exclusions based on factors considered 

in underwriting loans. For single-family 

loan purchases, the Enterprises use their 

own automated underwriting systems to 

evaluate whether a loan is eligible for 

purchase based on factors including, but 

not limited to, a borrower’s 

creditworthiness. These automated 

underwriting systems assess a 

borrower’s ability to make his or her 

mortgage payments over a two- or threeyear time period following origination. 

The Enterprises establish a cut-off 

threshold based on their credit risk 

appetite, and only those loans for which 

the borrowers’ predicted risk is deemed 

below that threshold are eligible to be 

sold to the Enterprises. The Enterprises 

also price loans according to their 

pricing grids to partially account for the 

risk profile of a loan. 

FHFA generally considers all 

conventional conforming first lien 

mortgages that are owner-occupied as 

potentially eligible for single-family 

housing goals credit, subject to certain 

exclusions. For instance, under the 

Safety and Soundness Act, investor 

loans are excluded, and under the 

Enterprise housing goals regulation, 

investor loans and second loans (i.e., 

any subordinate lien mortgages) are 

excluded, from consideration for the 

single-family housing goals.4 As another 

example, mortgages for secondary 

residences are excluded from 

consideration for the single-family 

housing goals.5

FHFA requests comment on whether 

there are other categories of loans that 

should be excluded from receiving 

housing goals credit under the statute’s 

‘‘unacceptable business and lending 

practices’’ provisions. For example, 

should FHFA consider factors to 

promote borrower sustainability? How 

would FHFA determine and measure 

sustainability? Should risk-layering be 

considered in a manner that is distinct 

from the eligibility requirements of the 

Enterprises? 6 What criteria should be 

used to identify such loans? What 

public policies should FHFA consider 

when assessing certain categories of 

loans? Are there other loan 

characteristics that could be, in some 

instances, not in the long-term interest 

Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Proposed Rules 82967 

7See 12 CFR 1281.1 and 1282.12(f). 

of the borrower, even if they are not 

treated as abusive or unfair under 

existing consumer protection statutes? 

Question 2: Are there ways to 

determine whether the low-income areas 

home purchase subgoal has resulted in 

the displacement of residents from 

certain communities, or to measure the 

extent of any such displacement? 

Should FHFA consider modifying the 

low-income areas home purchase 

subgoal to address such concerns? If so, 

how? 

Concerns have been raised about 

gentrification in low-income areas and 

high-minority census tracts, and the 

potential displacement of long-time 

low-income residents from such areas 

and tracts. The current Enterprise 

housing goals regulation does not 

restrict the income of borrowers whose 

mortgages qualify for the low-income 

areas home purchase subgoal if the 

mortgages are on properties located in a 

low-income census tract. Under the 

regulation, the Enterprises can meet the 

low-income areas home purchase 

subgoal by acquiring home purchase 

mortgages that are either: (1) Originated 

for borrowers located in low-income 

census tracts (defined as census tracts 

with median income less than or equal 

to 80 percent of area median income 

(AMI)); or (2) originated for borrowers 

with incomes less than or equal to AMI 

who reside in minority census tracts 

(defined as census tracts with a minority 

population of at least 30 percent and a 

tract median income of less than 100 

percent of AMI).7 There are no borrower 

income requirements for criterion (1). 

While Enterprise mortgage acquisitions 

could qualify under either or both 

criteria, the share of the Enterprises’ 

mortgage acquisitions satisfying 

criterion (1) has been consistently 

higher than the share of Enterprise 

mortgage acquisitions satisfying 

criterion (2) in recent years. For 

example, among the Enterprises’ 

mortgage acquisitions in 2019, 15.0 

percent of mortgages met only criterion 

(1), 10.2 percent met only criterion (2), 

and 6.4 percent met both criteria, as can 

be seen in Table 1 below. All of these 

shares have been increasing steadily 

since 2010. 


EP21DE20.051</GPH>
82968 Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Proposed Rules 

FHFA’s analysis of Home Mortgage 

Disclosure Act (HMDA) data in Table 2 

shows that both low-income areas and 

high-minority areas have increasing 

shares of borrowers with incomes at or 

above 100 percent of AMI, although 

loans to borrowers with incomes over 

100 percent of AMI do not qualify for 

the minority areas component of the 

goal. For instance, the share of loans 

made to borrowers with incomes greater 

than 100 percent of AMI and residing in 

these low-income census tracts 

increased from 38.8 percent in 2010 to 

44.2 percent in 2016, after dropping to 

36.5 percent in 2012. This share has 

been relatively stable since then, with a 

43.3 percent share in 2019. Nonetheless, 

borrowers with higher incomes have 

made up an increasing share of the 

mortgage market in low-income areas. 

A similar trend exists among 

borrowers residing in high minority 

census tracts, with the share of higher 

income borrowers increasing from 42.5 

percent in 2010 to 50 percent in 2016. 

That share declined to 47.8 percent in 

2019 after hovering around 49 percent 

in 2018 and 2019. 

Table 3 shows that the share of loans 

made to borrowers with incomes greater 

than 100 percent of AMI and residing in 

low-income census tracts increased 

from 40.7 percent in 2010 to 42.8 

percent in 2016. However, that share 

has declined since then, dropping to a 

low of 37 percent in 2019. This trend is 

similar among borrowers residing in 

high minority census tracts, with the 

share of higher income borrowers 

increasing from 45.4 percent in 2010 to 

48.5 percent in 2016, after dropping to 

a low of 42.8 percent in 2012. This share 

has since declined to 42.8 percent in 

2019. 


EP21DE20.052</GPH>
Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Proposed Rules 82969 

8Public Law 115–97, section 13823, 131 Stat. 

2054, 2183, codified at 26 U.S.C. 1400Z–1 and 

1400Z–2 (Dec. 22, 2017). Note: Public Law 115–97 

is commonly referred to as the ‘‘Tax Cuts and Jobs 

Act,’’ but that short title was omitted from the law 

as enacted. 

The presence of higher-income 

borrowers in these areas may be a sign 

of improved economic indicators for the 

community, but there is some concern 

that such a trend as seen particularly in 

the HMDA data analysis could also be 

accompanied by the displacement of 

lower income households. Change in 

the mix of renters to owner-occupied 

households often precedes and 

accompanies these trends. FHFA is 

aware that this particular subgoal may 

encourage the Enterprises to focus on 

purchasing loans for higher-income 

households in low-income and highminority areas, and FHFA is also aware 

of concerns about the impact of rising 

housing costs on current residents in 

low-income or higher-minority areas. 

However, it is possible that higherincome households would have moved 

into these areas even in the absence of 

the subgoal. In recognition of these 

issues, FHFA has been very 

conservative in setting the benchmark 

levels for this subgoal. 

Recently, in response to the issuance 

of FHFA’s proposed rule for the 2021 

Enterprise housing goals, FHFA 

received two comment letters from 

policy advocacy organizations that 

referenced concerns about displacement 

and gentrification related to this 

subgoal. The comment letters supported 

and encouraged FHFA’s efforts to 

monitor and analyze trends regarding 

this subgoal. The comment letters also 

requested release of additional data on 

borrower incomes associated with goalsqualifying loans. 

FHFA requests comment on how best 

to achieve the policy objectives of this 

subgoal. Should FHFA shift the focus of 

this subgoal to lower-income 

households? Should FHFA impose an 

AMI limit on borrowers for mortgages 

that qualify for the subgoal? Should 

FHFA set a limit on the number or share 

of mortgages for borrowers with 

incomes over 100 percent of AMI that 

count towards the subgoal? 

Question 3: Should FHFA revise the 

low-income areas home purchase 

subgoal to consider loans on properties 

located in Opportunity Zones, and if so, 

how should such loans be treated? 

Opportunity Zones were created by 

the 2017 Tax Cuts and Jobs Act, and are 

designed to spur economic development 

and job creation in distressed 

communities by providing tax benefits 

to investors who invest in these 

communities.8 Investors may defer tax 

on eligible capital gains by making a 

qualifying investment (including real 

estate) in a Qualified Opportunity Fund 

(QOF). A QOF is an investment vehicle 

with at least 90 percent of its holdings 

in a Qualified Opportunity Zone (QOZ) 

property. QOZs are census tracts that 

meet certain poverty rate and median 

family income requirements and that 

have been designated as such by the 

U.S. Department of the Treasury, based 

on nominations from the Chief 

Executive Officers of each State. There 

are around 8,700 QOZ tracts, the 

majority of which are low-income tracts. 

Because the Opportunity Zones 

program is new, its impact is still 

largely unknown. FHFA has noted that 

in 2019, over 17 percent of low-income 

area home purchase goal loans are in 

QOZs. Additionally, 12 percent of 

multifamily low-income goal units and 

20 percent of small multifamily lowincome goal units are in QOZs. To help 

track how QOF projects are achieving 

the program’s intended goal of 

community revitalization, the U.S. 

Impact the U.S. Impact [MB1] Investing 

Alliance, the Beeck Center for Social 

Impact + Innovation at Georgetown 

University, and the Federal Reserve 

Bank of New York partnered to create 

the Opportunity Zones Reporting 

Framework, a tool that may be used to 


EP21DE20.053</GPH>
82970 Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Proposed Rules 

9See https://ozframework.org/about-index. 

10See 12 U.S.C. 4562(a)(1). 

assess the intended goal of community 

revitalization.9

FHFA requests comment on whether 

and how the objectives of the 

Opportunity Zones program would align 

with the purpose of the Enterprise lowincome areas home purchase subgoal. 

Should FHFA consider giving credit 

under this subgoal for loans on 

properties located in Opportunity 

Zones? What criteria should FHFA use 

to focus on Opportunity Zones that 

would have the largest benefit to a 

community? If included in the subgoal, 

how can FHFA ensure that the loans on 

properties in Opportunity Zones benefit 

these communities? How can FHFA use 

this subgoal to target slow-growing 

communities that need these loans? 

Should FHFA require the use of the 

Opportunity Zone Reporting Framework 

for impact tracking? Are there other 

public policy considerations related to 

Opportunity Zones that FHFA should 

consider? 

Question 4: Is there evidence that the 

Enterprise housing goals have helped 

expand low-income homeownership in 

the marketplace? 

The Safety and Soundness Act directs 

FHFA to evaluate Enterprise support for 

low-income homeownership by 

measuring the low-income share of the 

mortgages that the Enterprises have 

acquired.10

FHFA requests comment on the 

factors it should consider in assessing 

the effectiveness of the Enterprises’ 

activities in expanding low-income 

homeownership. In order to improve the 

housing goals, how should impacts be 

evaluated? What are the appropriate 

counterfactuals to consider? Is it 

possible to determine whether acquired 

mortgages that count toward 

achievement of the goals would have 

been originated in the absence of the 

housing goals? FHFA specifically 

requests comment on whether—and 

under the statute, how—other support 

activities undertaken by the Enterprises 

should be considered when FHFA 

reviews the Enterprises’ performance on 

the single-family housing goals. 

Mark A. Calabria, 

Director, Federal Housing Finance Agency. 

[FR Doc. 2020–28084 Filed 12–18–20; 8:45 am] 

BILLING CODE 8070–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–1138; Project 

Identifier MCAI–2020–01258–E] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

Deutschland Ltd & Co KG (Type 

Certificate Previously Held by RollsRoyce plc) Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Rolls-Royce Deutschland Ltd & 

Co KG (RRD) Trent 1000–A2, 1000–AE2, 

1000–C2, 1000–CE2, 1000–D2, 1000–E2, 

1000–G2, 1000–H2, 1000–J2, 1000–K2 

and 1000–L2 model turbofan engines. 

This proposed AD was prompted by the 

manufacturer’s analysis which 

determined that cracks may initiate in 

the front seal fins and cause cracks in 

the low-pressure turbine (LPT) disk. 

This proposed AD would require 

repetitive inspection of the seal fins 

and, depending on the results of the 

inspection, replacement of the LPT disk 

before further flight. The FAA is 

proposing this AD to address the unsafe 

condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by February 4, 

2021. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12 140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this NPRM, contact Rolls-Royce plc, 

P.O. Box 31, Derby, DE24 8BJ, United 

Kingdom, phone: +44 (0)1332 242424; 

website: https://www.rolls-royce.com/ 

contact-us.aspx. You may view this 

service information at the FAA, 

Airworthiness Products Section, 

Operational Safety Branch, 1200 District 

Avenue, Burlington, MA 01803. For 

information on the availability of this 

material at the FAA, call (781) 238– 

7759. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2020–1138; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

NPRM, the mandatory continuing 

airworthiness information (MCAI), any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Kevin M. Clark, Aviation Safety 

Engineer, ECO Branch, FAA, 1200 

District Avenue, Burlington, MA 01803; 

phone: (781) 238–7088; fax: (781) 238– 

7199; email: kevin.m.clark@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2020–1138; Project Identifier 

MCAI–2020–01258–E’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

FAA will also post a report 

summarizing each substantive verbal 

contact received about this NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI