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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules
adjustments on the basis of evidence of discriminatory or other illegal credit practices.
2 A savings associations performance need not fit each aspect of a particular rating profile in order to receive that rating, and exceptionally strong performance with respect to some aspects may compensate for weak performance in others. The savings associations overall performance, however, must be consistent with safe and sound banking practices and generally with the appropriate rating profile as follows.
b Savings associations evaluated under the lending, investment, and service tests 1 Lending performance rating. The appropriate Federal banking agency assigns each savings associations lending performance one of the five following ratings.
i Outstanding. The appropriate Federal banking agency rates a savings associations lending performance outstanding if, in general, it demonstrates:
A Excellent responsiveness to credit needs in its assessment areas, taking into account the number and amount of home mortgage, small business, small farm, and consumer loans, if applicable, in its assessment areas;
B A substantial majority of its loans are made in its assessment areas;
C An excellent geographic distribution of loans in its assessment areas;
D An excellent distribution, particularly in its assessment areas, of loans among individuals of different income levels and businesses including farms of different sizes, given the product lines offered by the savings association;
E An excellent record of serving the credit needs of highly economically disadvantaged areas in its assessment areas, low-income individuals, or businesses including farms with gross annual revenues of $1 million or less, consistent with safe and sound operations;
F Extensive use of innovative or flexible lending practices in a safe and sound manner to address the credit needs of lowor moderate-income individuals or geographies;
and G It is a leader in making community development loans.
ii High satisfactory. The appropriate Federal banking agency rates a savings associations lending performance high satisfactory if, in general, it demonstrates:
A Good responsiveness to credit needs in its assessment areas, taking into account the number and amount of home mortgage, small business, small farm, and consumer loans, if applicable, in its assessment areas;
B A high percentage of its loans are made in its assessment areas;
C A good geographic distribution of loans in its assessment areas;
D A good distribution, particularly in its assessment areas, of loans among individuals of different income levels and businesses including farms of different sizes, given the product lines offered by the savings association;
E A good record of serving the credit needs of highly economically disadvantaged areas in its assessment areas, low-income individuals, or businesses including farms
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with gross annual revenues of $1 million or less, consistent with safe and sound operations;
F Use of innovative or flexible lending practices in a safe and sound manner to address the credit needs of lowor moderateincome individuals or geographies; and G It has made a relatively high level of community development loans.
iii Low satisfactory. The appropriate Federal banking agency rates a savings associations lending performance low satisfactory if, in general, it demonstrates:
A Adequate responsiveness to credit needs in its assessment areas, taking into account the number and amount of home mortgage, small business, small farm, and consumer loans, if applicable, in its assessment areas;
B An adequate percentage of its loans are made in its assessment areas;
C An adequate geographic distribution of loans in its assessment areas;
D An adequate distribution, particularly in its assessment areas, of loans among individuals of different income levels and businesses including farms of different sizes, given the product lines offered by the savings association;
E An adequate record of serving the credit needs of highly economically disadvantaged areas in its assessment areas, low-income individuals, or businesses including farms with gross annual revenues of $1 million or less, consistent with safe and sound operations;
F Limited use of innovative or flexible lending practices in a safe and sound manner to address the credit needs of lowor moderate-income individuals or geographies;
and G It has made an adequate level of community development loans.
iv Needs to improve. The appropriate Federal banking agency rates a savings associations lending performance needs to improve if, in general, it demonstrates:
A Poor responsiveness to credit needs in its assessment areas, taking into account the number and amount of home mortgage, small business, small farm, and consumer loans, if applicable, in its assessment areas;
B A small percentage of its loans are made in its assessment areas;
C A poor geographic distribution of loans, particularly to lowor moderate-income geographies, in its assessment areas;
D A poor distribution, particularly in its assessment areas, of loans among individuals of different income levels and businesses including farms of different sizes, given the product lines offered by the savings association;
E A poor record of serving the credit needs of highly economically disadvantaged areas in its assessment areas, low-income individuals, or businesses including farms with gross annual revenues of $1 million or less, consistent with safe and sound operations;
F Little use of innovative or flexible lending practices in a safe and sound manner to address the credit needs of lowor moderate-income individuals or geographies;
and G It has made a low level of community development loans.

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v Substantial noncompliance. The appropriate Federal banking agency rates a savings associations lending performance as being in substantial noncompliance if, in general, it demonstrates:
A A very poor responsiveness to credit needs in its assessment areas, taking into account the number and amount of home mortgage, small business, small farm, and consumer loans, if applicable, in its assessment areas;
B A very small percentage of its loans are made in its assessment areas;
C A very poor geographic distribution of loans, particularly to lowor moderateincome geographies, in its assessment areas;
D A very poor distribution, particularly in its assessment areas, of loans among individuals of different income levels and businesses including farms of different sizes, given the product lines offered by the savings association;
E A very poor record of serving the credit needs of highly economically disadvantaged areas in its assessment areas, low-income individuals, or businesses including farms with gross annual revenues of $1 million or less, consistent with safe and sound operations;
F No use of innovative or flexible lending practices in a safe and sound manner to address the credit needs of lowor moderateincome individuals or geographies; and G It has made few, if any, community development loans.
2 Investment performance rating. The appropriate Federal banking agency assigns each savings associations investment performance one of the five following ratings.
i Outstanding. The appropriate Federal banking agency rates a savings associations investment performance outstanding if, in general, it demonstrates:
A An excellent level of qualified investments, particularly those that are not routinely provided by private investors, often in a leadership position;
B Extensive use of innovative or complex qualified investments; and C Excellent responsiveness to credit and community development needs.
ii High satisfactory. The appropriate Federal banking agency rates a savings associations investment performance high satisfactory if, in general, it demonstrates:
A A significant level of qualified investments, particularly those that are not routinely provided by private investors, occasionally in a leadership position;
B Significant use of innovative or complex qualified investments; and C Good responsiveness to credit and community development needs.
iii Low satisfactory. The appropriate Federal banking agency rates a savings associations investment performance low satisfactory if, in general, it demonstrates:
A An adequate level of qualified investments, particularly those that are not routinely provided by private investors, although rarely in a leadership position;
B Occasional use of innovative or complex qualified investments; and C Adequate responsiveness to credit and community development needs.
iv Needs to improve. The appropriate Federal banking agency rates a savings
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