Appraisals for Higher-Priced Mortgage Loans Exemption Threshold
| Published date | 30 November 2021 |
| Citation | 86 FR 67843 |
| Record Number | 2021-25908 |
| Section | Rules and Regulations |
| Court | Consumer Financial Protection Bureau,The Comptroller Of The Currency Office |
67843
Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations
Reorganization Act of 1974, secs. 201, 202
(42 U.S.C. 5841, 5842); National
Environmental Policy Act of 1969 (42 U.S.C.
4332, 4334, 4335); Nuclear Waste Policy Act
of 1982, secs. 144(f), 121, 135, 141, 148 (42
U.S.C. 10134(f), 10141, 10155, 10161, 10168);
44 U.S.C. 3504 note.
§ 51.10 [Amended]
■12. In § 51.10, amend paragraph (b)(2)
by removing ‘‘acitivity’’ and adding in
its place ‘‘activity’’.
§ 51.52 [Amended]
■13. In § 51.52, amend footnote 4 by
removing ‘‘appiled’’ and adding in its
place ‘‘applied’’.
PART 52—LICENSES,
CERTIFICATIONS, AND APPROVALS
FOR NUCLEAR POWER PLANTS
■14. The authority citation for part 52
continues to read as follows:
Authority: Atomic Energy Act of 1954,
secs. 103, 104, 147, 149, 161, 181, 182, 183,
185, 186, 189, 223, 234 (42 U.S.C. 2133, 2134,
2167, 2169, 2201, 2231, 2232, 2233, 2235,
2236, 2239, 2273, 2282); Energy
Reorganization Act of 1974, secs. 201, 202,
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
44 U.S.C. 3504 note.
§ 52.136 [Amended]
■15. In § 52.136, remove the reference
‘‘10 CFR 50.33(a) through (d) and (j)’’
and add in its place the reference ‘‘10
CFR 50.33(a) through (c) and (j)’’.
PART 55—OPERATORS’ LICENSES
■16. The authority citation for part 55
is revised to read as follows:
Authority: Atomic Energy Act of 1954,
secs. 107, 161, 181, 182, 183, 186, 187, 223,
234 (42 U.S.C. 2137, 2201, 2231, 2232, 2233,
2236, 2237, 2273, 2282); Energy
Reorganization Act of 1974, secs. 201, 202
(42 U.S.C. 5841, 5842); Nuclear Waste Policy
Act of 1982, sec. 306 (42 U.S.C. 10226); 44
U.S.C. 3504 note.
§ 55.33 [Amended]
■17. In § 55.33, amend paragraph (a)(1)
by removing ‘‘applicants’’ and adding in
its place ‘‘applicant’s’’.
PART 71—PACKAGING AND
TRANSPORTATION OF RADIOACTIVE
MATERIAL
■18. The authority citation for part 71
continues to read as follows:
Authority: Atomic Energy Act of 1954,
secs. 53, 57, 62, 63, 81, 161, 182, 183, 223,
234, 1701 (42 U.S.C. 2073, 2077, 2092, 2093,
2111, 2201, 2232, 2233, 2273, 2282, 2297f);
Energy Reorganization Act of 1974, secs. 201,
202, 206, 211 (42 U.S.C. 5841, 5842, 5846,
5851); Nuclear Waste Policy Act of 1982, sec.
180 (42 U.S.C. 10175); 44 U.S.C. 3504 note.
Section 71.97 also issued under Sec. 301,
Pub. L. 96–295, 94 Stat. 789 (42 U.S.C. 5841
note).
§ 71.4 [Amended]
■19. In § 71.4, remove ‘‘Licensed
material’’ and add in its place the term
‘‘Licensed material’’.
PART 73—PHYSICAL PROTECTION OF
PLANTS AND MATERIALS
■20. The authority citation for part 73
is revised to read as follows:
Authority: Atomic Energy Act of 1954,
secs. 53, 147, 149, 161, 170D, 170E, 170H,
170I, 223, 229, 234, 1701 (42 U.S.C. 2073,
2167, 2169, 2201, 2210d, 2210e, 2210h,
2210i, 2273, 2278a, 2282, 2297f); Energy
Reorganization Act of 1974, secs. 201, 202
(42 U.S.C. 5841, 5842); Nuclear Waste Policy
Act of 1982, secs. 135, 141 (42 U.S.C. 10155,
10161); 44 U.S.C. 3504 note.
Section 73.37(b)(2) also issued under sec.
301, Pub. L. 96–295, 94 Stat. 789 (42 U.S.C.
5841 note).
■21. In § 73.73, revise paragraph (a)(1)
to read as follows:
§ 73.73 Requirement for advance notice
and protection of export shipments of
special nuclear material of low strategic
significance.
(a) * * *
(1) Notify in writing the Director,
Office of Nuclear Security and Incident
Response, by email (preferred method)
to AdvanceNotifications.Resource@
nrc.gov or by using any appropriate
method listed in § 73.4;
* * * * *
■22. In § 73.74, revise paragraph (a)(1)
to read as follows:
§ 73.74 Requirement for advance notice
and protection of import shipments of
nuclear material from countries that are not
party to the Convention on the Physical
Protection of Nuclear Material.
(a) * * *
(1) Notify in writing the Director,
Office of Nuclear Security and Incident
Response, by email (preferred method)
to AdvanceNotifications.Resource@
nrc.gov or by using any appropriate
method listed in § 73.4;
* * * * *
PART 110—EXPORT AND IMPORT OF
NUCLEAR EQUIPMENT AND
MATERIAL
■23. The authority citation for part 110
is revised to read as follows:
Authority: Atomic Energy Act of 1954,
secs. 11, 51, 53, 54, 57, 62, 63, 64, 65, 81,
82, 103, 104, 109, 111, 121, 122, 123, 124,
126, 127, 128, 129, 133, 134, 161, 170H, 181,
182, 183, 184, 186, 187, 189, 223, 234 (42
U.S.C. 2014, 2071, 2073, 2074, 2077, 2092,
2093, 2094, 2095, 2111, 2112, 2133, 2134,
2139, 2141, 2151, 2152, 2153, 2154, 2155,
2156, 2157, 2158, 2160c, 2160d, 2201, 2210h,
2231, 2232, 2233, 2234, 2236, 2237, 2239,
2273, 2282); Energy Reorganization Act of
1974, sec. 201 (42 U.S.C. 5841);
Administrative Procedure Act (5 U.S.C. 552,
553); 42 U.S.C. 2139a, 2155a; 44 U.S.C. 3504
note.
Section 110.1(b) also issued under 22
U.S.C. 2403; 22 U.S.C. 2778a; 50 App. U.S.C.
2401 et seq.
■24. In § 110.2, amend the definition
for Medical isotope by removing the
phrase ‘‘radiopharmaceutical for
diagnostic, therapeutic procedures or for
research and development’’ and adding
in its place the phrase
‘‘radiopharmaceutical for diagnostic or
therapeutic procedures or for research
and development.’’
■25. In appendix P to part 110, revise
the mathematical formula to read as
follows:
Appendix P to Part 110—Category 1
and 2 Radioactive Material
* * * * *
Dated: November 3, 2021.
For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking
Support Branch, Division of Rulemaking,
Environmental, and Financial Support, Office
of Nuclear Material Safety and Safeguards.
[FR Doc. 2021–24472 Filed 11–29–21; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
12 CFR Part 34
[Docket No. OCC–2021–0019]
RIN 1557–AF13
FEDERAL RESERVE SYSTEM
12 CFR Part 226
[Docket No. R–1758]
RIN 7100–AG21
BUREAU OF CONSUMER FINANCIAL
PROTECTION
12 CFR Part 1026
Appraisals for Higher-Priced Mortgage
Loans Exemption Threshold
AGENCY
: Office of the Comptroller of the
Currency, Treasury (OCC); Board of
Governors of the Federal Reserve
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Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations
1
Public Law 111–203, section 1471, 124 Stat.
1376, 2185–87 (2010), codified at TILA section
129H, 15 U.S.C. 1639h.
2
78 FR 10368 (Feb. 13, 2013).
3
78 FR 48548 (Aug. 8, 2013).
4
78 FR 78520 (Dec. 26, 2013).
5
See NCUA: 12 CFR 722.3; FHFA: 12 CFR part
1222. Although the FDIC adopted the Bureau’s
version of the regulation, the FDIC did not issue its
own regulation containing a cross-reference to the
Bureau’s version. See 78 FR 10368, 10370 (Feb. 13,
2013).
6
12 CFR 34.203(b)(2) (OCC); 12 CFR 226.43(b)(2)
(Board); and 12 CFR 1026.35(c)(2)(ii) (Bureau).
7
12 CFR part 34, appendix C to subpart G,
comment 203(b)(2)–1 (OCC); 12 CFR part 226,
Supplement I, comment 43(b)(2)–1 (Board); and 12
CFR part 1026, Supplement I, comment 35(c)(2)(ii)–
1 (Bureau).
8
See 12 CFR part 34, appendix C to subpart G,
comment 203(b)(2)–1 and –2 (OCC); 12 CFR part
226, Supplement I, comment 43(b)(2)–1 and –2
(Board); and 12 CFR part 1026, Supplement I,
comment 35(c)(2)(ii)–1 and –2 (Bureau).
9
See 81 FR 86250 (Nov. 30, 2016).
10
The Bureau of Labor Statistics calculates
consumer-based indices for each month, but does
not report those indices until the middle of the
following month. As such, the most recently
reported indices as of June 1, 2021 were reported
on May 12, 2021, and reflect economic conditions
in April 2021.
System (Board); and Bureau of
Consumer Financial Protection
(Bureau).
ACTION
: Final rules, official
interpretations and commentary.
SUMMARY
: The OCC, the Board, and the
Bureau are finalizing amendments to the
official interpretations for their
regulations that implement section
129H of the Truth in Lending Act
(TILA). Section 129H of TILA
establishes special appraisal
requirements for ‘‘higher-risk
mortgages,’’ termed ‘‘higher-priced
mortgage loans’’ or ‘‘HPMLs’’ in the
agencies’ regulations. The OCC, the
Board, the Bureau, the Federal Deposit
Insurance Corporation (FDIC), the
National Credit Union Administration
(NCUA), and the Federal Housing
Finance Agency (FHFA) (collectively,
the Agencies) jointly issued final rules
implementing these requirements,
effective January 18, 2014. The
Agencies’ rules exempted, among other
loan types, transactions of $25,000 or
less, and required that this loan amount
be adjusted annually based on any
annual percentage increase in the
Consumer Price Index for Urban Wage
Earners and Clerical Workers (CPI–W).
If there is no annual percentage increase
in the CPI–W, the OCC, the Board, and
the Bureau will not adjust this
exemption threshold from the prior
year. However, in years following a year
in which the exemption threshold was
not adjusted, the threshold is calculated
by applying the annual percentage
increase in the CPI–W to the dollar
amount that would have resulted, after
rounding, if the decreases and any
subsequent increases in the CPI–W had
been taken into account. Based on the
CPI–W in effect as of June 1, 2021, the
exemption threshold will increase from
$27,200 to $28,500, effective January 1,
2022.
DATES
: This final rule is effective
January 1, 2022.
FOR FURTHER INFORMATION CONTACT
:
OCC: MaryAnn Nash, Counsel, Chief
Counsel’s Office, (202) 649–6287; for
persons who are deaf or hard of hearing
TTY, (202) 649–5597. Board: Lorna M.
Neill, Senior Counsel, Division of
Consumer and Community Affairs,
Board of Governors of the Federal
Reserve System, at (202) 452–3667.
Bureau: Lanique Eubanks, Senior
Counsel, Office of Regulations, Bureau
of Consumer Financial Protection, at
(202) 435–7700. If you require this
document in an alternative electronic
format, please contact CFPB_
Accessibility@cfpb.gov.
SUPPLEMENTARY INFORMATION
:
I. Background
The Dodd-Frank Wall Street Reform
and Consumer Protection Act of 2010
(Dodd-Frank Act) amended TILA to add
special appraisal requirements for
‘‘higher-risk mortgages.’’
1
In January
2013, the Agencies jointly issued a final
rule implementing these requirements
and adopted the term ‘‘higher-priced
mortgage loan’’ (HPML) instead of
‘‘higher-risk mortgage’’ (the January
2013 Final Rule).
2
In July 2013, the
Agencies proposed additional
exemptions from the January 2013 Final
Rule.
3
In December 2013, the Agencies
issued a supplemental final rule with
additional exemptions from the January
2013 Final Rule (the December 2013
Supplemental Final Rule).
4
Among
other exemptions, the Agencies adopted
an exemption from the new HPML
appraisal rules for transactions of
$25,000 or less, to be adjusted annually
for inflation.
The OCC’s, Board’s, and Bureau’s
versions of the January 2013 Final Rule
and December 2013 Supplemental Final
Rule and corresponding official
interpretations are substantively
identical. The FDIC, NCUA, and FHFA
adopted the Bureau’s version of the
regulations under the January 2013
Final Rule and December 2013
Supplemental Final Rule.
5
The OCC’s, Board’s, and Bureau’s
regulations,
6
and their accompanying
interpretations,
7
provide that the
exemption threshold for smaller loans
will be adjusted effective January 1 of
each year based on any annual
percentage increase in the CPI–W that
was in effect on the preceding June 1.
Any increase in the threshold amount
will be rounded to the nearest $100
increment. For example, if the annual
percentage increase in the CPI–W would
result in a $950 increase in the
threshold amount, the threshold amount
will be increased by $1,000. However, if
the annual percentage increase in the
CPI–W would result in a $949 increase
in the threshold amount, the threshold
amount will be increased by $900. If
there is no annual percentage increase
in the CPI–W, the OCC, the Board, and
the Bureau will not adjust the threshold
amounts from the prior year.
8
On November 30, 2016, the OCC, the
Board, and the Bureau published a final
rule in the Federal Register to
memorialize the calculation method
used by the Agencies each year to adjust
the exemption threshold to ensure that
the values for the exemption threshold
keep pace with the CPI–W (HPML Small
Dollar Adjustment Calculation Rule).
9
The HPML Small Dollar Adjustment
Calculation Rule memorialized the
policy that, if there is no annual
percentage increase in the CPI–W, the
OCC, Board, and Bureau will not adjust
the exemption threshold from the prior
year. The HPML Small Dollar
Adjustment Calculation Rule also
provided that, in years following a year
in which the exemption threshold was
not adjusted because there was a
decrease in the CPI–W from the
previous year, the threshold is
calculated by applying the annual
percentage change in the CPI–W to the
dollar amount that would have resulted,
after rounding, if the decreases and any
subsequent increases in the CPI–W had
been taken into account. If the resulting
amount calculated, after rounding, is
greater than the current threshold, then
the threshold effective January 1 the
following year will increase
accordingly; if the resulting amount
calculated, after rounding, is equal to or
less than the current threshold, then the
threshold effective January 1 the
following year will not change, but
future increases will be calculated based
on the amount that would have resulted,
after rounding.
II. 2022 Adjustment and Commentary
Revision
Effective January 1, 2022, the
exemption threshold amount is
increased from $27,200 to $28,500. This
amount is based on the CPI–W in effect
on June 1, 2021, which was reported on
May 12, 2021 (based on April 2021
data).
10
The CPI–W is a subset of the
CPI–U index (based on all urban
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11
5 U.S.C. 553(b)(B).
12
5 U.S.C. 603(a), 604(a).
13
44 U.S.C. 3506; 5 CFR part 1320.
14
2 U.S.C. 1532.
consumers) and represents
approximately 29 percent of the U.S.
population. The CPI–W reported on
May 12, 2021, reflects a 4.7 percent
increase in the CPI–W from April 2020
to April 2021. Accordingly, the 4.7
percent increase in the CPI–W from
April 2020 to April 2021 results in an
exemption threshold amount of $28,500,
after rounding. The OCC, the Board, and
the Bureau are revising the
commentaries to their respective
regulations to add new comments as
follows:
•Comment 203(b)(2)–3.ix to 12 CFR
part 34, Appendix C to Subpart G
(OCC);
•Comment 43(b)(2)–3.ix to
Supplement I of 12 CFR part 226
(Board); and
•Comment 35(c)(2)(ii)–3.ix to
Supplement I of 12 CFR part 1026
(Bureau).
These new comments state that, from
January 1, 2022, through December 31,
2022, the threshold amount is $28,500.
These revisions are effective January 1,
2022.
III. Regulatory Analysis
Administrative Procedure Act
Under the Administrative Procedure
Act, notice and opportunity for public
comment are not required if the agency
finds that notice and public comment
are impracticable, unnecessary, or
contrary to the public interest.
11
The
amendments in this rule are technical
and apply the method previously
memorialized in the December 2013
Supplemental Final Rule and the HPML
Small Dollar Adjustment Calculation
Rule. For these reasons, the OCC, the
Board, and the Bureau have determined
that publishing a notice of proposed
rulemaking and providing opportunity
for public comment are unnecessary.
Therefore, the amendments are adopted
in final form.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
does not apply to a rulemaking where a
general notice of proposed rulemaking
is not required.
12
As noted previously,
the Agencies have determined that it is
unnecessary to publish a general notice
of proposed rulemaking for this final
rule. Accordingly, the RFA’s
requirements relating to an initial and
final regulatory flexibility analysis do
not apply.
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995,
13
the Agencies
reviewed this final rule. No collections
of information pursuant to the
Paperwork Reduction Act are contained
in the final rule.
Unfunded Mandates Reform Act
The OCC analyzes proposed rules for
the factors listed in Section 202 of the
Unfunded Mandates Reform Act of
1995, before promulgating a final rule
for which a general notice of proposed
rulemaking was published.
14
As
discussed above, the OCC has
determined that the publication of a
general notice of proposed rulemaking
is unnecessary.
Bureau Congressional Review Act
Statement
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), the Bureau
will submit a report containing this rule
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to the
rule taking effect. The Office of
Information and Regulatory Affairs
(OIRA) has designated this rule as not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Bureau Signing Authority
The Associate Director of Research,
Markets, and Regulations, Janis K.
Pappalardo, having reviewed and
approved this document, is delegating
the authority to electronically sign this
document to Laura Galban, Bureau
Federal Register Liaison, for purposes of
publication in the Federal Register.
List of Subjects
12 CFR Part 34
Appraisal, Appraiser, Banks, Banking,
Consumer protection, Credit, Mortgages,
National banks, Reporting and
recordkeeping requirements, Savings
associations, Truth in lending.
12 CFR Part 226
Advertising, Appraisal, Appraiser,
Consumer protection, Credit, Federal
Reserve System, Reporting and
recordkeeping requirements, Truth in
lending.
12 CFR Part 1026
Advertising, Banks, banking,
Consumer protection, Credit, Credit
unions, Mortgages, National banks,
Reporting and recordkeeping
requirements, Savings associations,
Truth-in-lending.
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Authority and Issuance
For the reasons set forth in the
preamble, the OCC amends 12 CFR part
34 as set forth below:
PART 34—REAL ESTATE LENDING
AND APPRAISALS
■1. The authority citation for part 34
continues to read as follows:
Authority: 12 U.S.C. 1 et seq., 25b, 29, 93a,
371, 1462a, 1463, 1464, 1465, 1701j-3,
1828(o), 3331 et seq., 5101 et seq.,
5412(b)(2)(B) and 15 U.S.C. 1639h.
■2. In Appendix C to Subpart G, under
Section 34.203—Appraisals for Higher-
Priced Mortgage Loans, paragraph
34.203(b)(2) is revised to read as
follows:
Appendix C to Subpart G—OCC
Interpretations
* * * * *
Section 34.203—Appraisals for Higher-
Priced Mortgage Loans
* * * * *
Paragraph 34.203(b)(2)
1. Threshold amount. For purposes of
§ 34.203(b)(2), the threshold amount in effect
during a particular period is the amount
stated in comment 203(b)(2)–3 for that
period. The threshold amount is adjusted
effective January 1 of each year by any
annual percentage increase in the Consumer
Price Index for Urban Wage Earners and
Clerical Workers (CPI–W) that was in effect
on the preceding June 1. Comment 203(b)(2)–
3 will be amended to provide the threshold
amount for the upcoming year after the
annual percentage change in the CPI–W that
was in effect on June 1 becomes available.
Any increase in the threshold amount will be
rounded to the nearest $100 increment. For
example, if the annual percentage increase in
the CPI–W would result in a $950 increase
in the threshold amount, the threshold
amount will be increased by $1,000.
However, if the annual percentage increase in
the CPI–W would result in a $949 increase
in the threshold amount, the threshold
amount will be increased by $900.
2. No increase in the CPI–W. If the CPI–W
in effect on June 1 does not increase from the
CPI–W in effect on June 1 of the previous
year, the threshold amount effective the
following January 1 through December 31
will not change from the previous year.
When this occurs, for the years that follow,
the threshold is calculated based on the
annual percentage change in the CPI–W
applied to the dollar amount that would have
resulted, after rounding, if decreases and any
subsequent increases in the CPI–W had been
taken into account.
i. Net increases. If the resulting amount
calculated, after rounding, is greater than the
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current threshold, then the threshold
effective January 1 the following year will
increase accordingly.
ii. Net decreases. If the resulting amount
calculated, after rounding, is equal to or less
than the current threshold, then the
threshold effective January 1 the following
year will not change, but future increases
will be calculated based on the amount that
would have resulted.
3. Threshold. For purposes of
§ 34.203(b)(2), the threshold amount in effect
during a particular period is the amount
stated below for that period.
i. From January 18, 2014, through
December 31, 2014, the threshold amount is
$25,000.
ii. From January 1, 2015, through
December 31, 2015, the threshold amount is
$25,500.
iii. From January 1, 2016, through
December 31, 2016, the threshold amount is
$25,500.
iv. From January 1, 2017, through
December 31, 2017, the threshold amount is
$25,500.
v. From January 1, 2018, through December
31, 2018, the threshold amount is $26,000.
vi. From January 1, 2019, through
December 31, 2019, the threshold amount is
$26,700.
vii. From January 1, 2020, through
December 31, 2020, the threshold amount is
$27,200.
viii. From January 1, 2021, through
December 31, 2021, the threshold amount is
$27,200.
ix. From January 1, 2022, through
December 31, 2022, the threshold amount is
$28,500.
4. Qualifying for exemption—in general. A
transaction is exempt under § 34.203(b)(2) if
the creditor makes an extension of credit at
consummation that is equal to or below the
threshold amount in effect at the time of
consummation.
5. Qualifying for exemption—subsequent
changes. A transaction does not meet the
condition for an exemption under
§ 34.203(b)(2) merely because it is used to
satisfy and replace an existing exempt loan,
unless the amount of the new extension of
credit is equal to or less than the applicable
threshold amount. For example, assume a
closed-end loan that qualified for a
§ 34.203(b)(2) exemption at consummation in
year one is refinanced in year ten and that
the new loan amount is greater than the
threshold amount in effect in year ten. In
these circumstances, the creditor must
comply with all of the applicable
requirements of § 34.203 with respect to the
year ten transaction if the original loan is
satisfied and replaced by the new loan,
unless another exemption from the
requirements of § 34.203 applies. See
§ 34.203(b) and (d)(7).
* * * * *
BOARD OF GOVERNORS OF THE
FEDERAL RESERVE SYSTEM
Authority and Issuance
For the reasons set forth in the
preamble, the Board amends Regulation
Z, 12 CFR part 226, as set forth below:
PART 226—TRUTH IN LENDING
(REGULATION Z)
■3. The authority citation for part 226
continues to read as follows:
Authority: 12 U.S.C. 3806; 15 U.S.C. 1604,
1637(c)(5), 1639(l), and 1639h; Pub. L. 111–
24, section 2, 123 Stat. 1734; Pub. L. 111–
203, 124 Stat. 1376.
■4. In Supplement I to part 226, under
Section 226.43—Appraisals for Higher-
Risk Mortgage Loans, paragraph 43(b)(2)
is revised to read as follows:
Supplement I to Part 226—Official Staff
Interpretations
* * * * *
Section 226.43—Appraisals for Higher—Risk
Mortgage Loans
* * * * *
Paragraph 43(b)(2)
1. Threshold amount. For purposes of
§ 226.43(b)(2), the threshold amount in effect
during a particular period is the amount
stated in comment 43(b)(2)–3 for that period.
The threshold amount is adjusted effective
January 1 of each year by any annual
percentage increase in the Consumer Price
Index for Urban Wage Earners and Clerical
Workers (CPI–W) that was in effect on the
preceding June 1. Comment 43(b)(2)–3 will
be amended to provide the threshold amount
for the upcoming year after the annual
percentage change in the CPI–W that was in
effect on June 1 becomes available. Any
increase in the threshold amount will be
rounded to the nearest $100 increment. For
example, if the annual percentage increase in
the CPI–W would result in a $950 increase
in the threshold amount, the threshold
amount will be increased by $1,000.
However, if the annual percentage increase in
the CPI–W would result in a $949 increase
in the threshold amount, the threshold
amount will be increased by $900.
2. No increase in the CPI–W. If the CPI–W
in effect on June 1 does not increase from the
CPI–W in effect on June 1 of the previous
year, the threshold amount effective the
following January 1 through December 31
will not change from the previous year.
When this occurs, for the years that follow,
the threshold is calculated based on the
annual percentage change in the CPI–W
applied to the dollar amount that would have
resulted, after rounding, if decreases and any
subsequent increases in the CPI–W had been
taken into account.
i. Net increases. If the resulting amount
calculated, after rounding, is greater than the
current threshold, then the threshold
effective January 1 the following year will
increase accordingly.
ii. Net decreases. If the resulting amount
calculated, after rounding, is equal to or less
than the current threshold, then the
threshold effective January 1 the following
year will not change, but future increases
will be calculated based on the amount that
would have resulted.
3. Threshold. For purposes of
§ 226.43(b)(2), the threshold amount in effect
during a particular period is the amount
stated below for that period.
i. From January 18, 2014, through
December 31, 2014, the threshold amount is
$25,000.
ii. From January 1, 2015, through
December 31, 2015, the threshold amount is
$25,500.
iii. From January 1, 2016, through
December 31, 2016, the threshold amount is
$25,500.
iv. From January 1, 2017, through
December 31, 2017, the threshold amount is
$25,500.
v. From January 1, 2018, through December
31, 2018, the threshold amount is $26,000.
vi. From January 1, 2019, through
December 31, 2019, the threshold amount is
$26,700.
vii. From January 1, 2020, through
December 31, 2020, the threshold amount is
$27,200.
viii. From January 1, 2021, through
December 31, 2021, the threshold amount is
$27,200.
ix. From January 1, 2022, through
December 31, 2022, the threshold amount is
$28,500.
4. Qualifying for exemption—in general. A
transaction is exempt under § 226.43(b)(2) if
the creditor makes an extension of credit at
consummation that is equal to or below the
threshold amount in effect at the time of
consummation.
5. Qualifying for exemption—subsequent
changes. A transaction does not meet the
condition for an exemption under
§ 226.43(b)(2) merely because it is used to
satisfy and replace an existing exempt loan,
unless the amount of the new extension of
credit is equal to or less than the applicable
threshold amount. For example, assume a
closed-end loan that qualified for a
§ 226.43(b)(2) exemption at consummation in
year one is refinanced in year ten and that
the new loan amount is greater than the
threshold amount in effect in year ten. In
these circumstances, the creditor must
comply with all of the applicable
requirements of § 226.43 with respect to the
year ten transaction if the original loan is
satisfied and replaced by the new loan,
unless another exemption from the
requirements of § 226.43 applies. See
§ 226.43(b) and (d)(7).
* * * * *
BUREAU OF CONSUMER FINANCIAL
PROTECTION
Authority and Issuance
For the reasons set forth in the
preamble, the Bureau amends
Regulation Z, 12 CFR part 1026, as set
forth below:
PART 1026—TRUTH IN LENDING
(REGULATION Z)
■5. The authority citation for part 1026
continues to read as follows:
Authority: 12 U.S.C. 2601, 2603–2605,
2607, 2609, 2617, 3353, 5511, 5512, 5532,
5581; 15 U.S.C. 1601 et seq.
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67847
Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations
■6. In Supplement I to part 1026, under
Section 1026.35—Requirements for
Higher-Priced Mortgage Loans,
paragraph 35(c)(2)(ii) is revised to read
as follows:
Supplement I to Part 1026—Official
Interpretations
* * * * *
Section 1026.35—Requirements for Higher-
Priced Mortgage Loans
* * * * *
Paragraph 35(c)(2)(ii)
1. Threshold amount. For purposes of
§ 1026.35(c)(2)(ii), the threshold amount in
effect during a particular period is the
amount stated in comment 35(c)(2)(ii)–3 for
that period. The threshold amount is
adjusted effective January 1 of each year by
any annual percentage increase in the
Consumer Price Index for Urban Wage
Earners and Clerical Workers (CPI–W) that
was in effect on the preceding June 1.
Comment 35(c)(2)(ii)–3 will be amended to
provide the threshold amount for the
upcoming year after the annual percentage
change in the CPI–W that was in effect on
June 1 becomes available. Any increase in the
threshold amount will be rounded to the
nearest $100 increment. For example, if the
annual percentage increase in the CPI–W
would result in a $950 increase in the
threshold amount, the threshold amount will
be increased by $1,000. However, if the
annual percentage increase in the CPI–W
would result in a $949 increase in the
threshold amount, the threshold amount will
be increased by $900.
2. No increase in the CPI–W. If the CPI–W
in effect on June 1 does not increase from the
CPI–W in effect on June 1 of the previous
year, the threshold amount effective the
following January 1 through December 31
will not change from the previous year.
When this occurs, for the years that follow,
the threshold is calculated based on the
annual percentage change in the CPI–W
applied to the dollar amount that would have
resulted, after rounding, if decreases and any
subsequent increases in the CPI–W had been
taken into account.
i. Net increases. If the resulting amount
calculated, after rounding, is greater than the
current threshold, then the threshold
effective January 1 the following year will
increase accordingly.
ii. Net decreases. If the resulting amount
calculated, after rounding, is equal to or less
than the current threshold, then the
threshold effective January 1 the following
year will not change, but future increases
will be calculated based on the amount that
would have resulted.
3. Threshold. For purposes of
§ 1026.35(c)(2)(ii), the threshold amount in
effect during a particular period is the
amount stated below for that period.
i. From January 18, 2014, through
December 31, 2014, the threshold amount is
$25,000.
ii. From January 1, 2015, through
December 31, 2015, the threshold amount is
$25,500.
iii. From January 1, 2016, through
December 31, 2016, the threshold amount is
$25,500.
iv. From January 1, 2017, through
December 31, 2017, the threshold amount is
$25,500.
v. From January 1, 2018, through December
31, 2018, the threshold amount is $26,000.
vi. From January 1, 2019, through
December 31, 2019, the threshold amount is
$26,700.
vii. From January 1, 2020, through
December 31, 2020, the threshold amount is
$27,200.
viii. From January 1, 2021, through
December 31, 2021, the threshold amount is
$27,200.
ix. From January 1, 2022, through
December 31, 2022, the threshold amount is
$28,500.
4. Qualifying for exemption—in general. A
transaction is exempt under
§ 1026.35(c)(2)(ii) if the creditor makes an
extension of credit at consummation that is
equal to or below the threshold amount in
effect at the time of consummation.
5. Qualifying for exemption—subsequent
changes. A transaction does not meet the
condition for an exemption under
§ 1026.35(c)(2)(ii) merely because it is used to
satisfy and replace an existing exempt loan,
unless the amount of the new extension of
credit is equal to or less than the applicable
threshold amount. For example, assume a
closed-end loan that qualified for a
§ 1026.35(c)(2)(ii) exemption at
consummation in year one is refinanced in
year ten and that the new loan amount is
greater than the threshold amount in effect in
year ten. In these circumstances, the creditor
must comply with all of the applicable
requirements of § 1026.35(c) with respect to
the year ten transaction if the original loan
is satisfied and replaced by the new loan,
unless another exemption from the
requirements of § 1026.35(c) applies. See
§ 1026.35(c)(2) and (c)(4)(vii).
* * * * *
Michael J. Hsu,
Acting Comptroller of the Currency.
By order of the Board of Governors of the
Federal Reserve System, acting through the
Secretary of the Board under delegated
authority.
Ann Misback,
Secretary of the Board.
Laura Galban,
Federal Register Liaison, Bureau of Consumer
Financial Protection.
[FR Doc. 2021–25908 Filed 11–29–21; 8:45 am]
BILLING CODE 4810–33–P 6210–01–P 4810–AM–P
FEDERAL RESERVE SYSTEM
12 CFR Part 213
[Docket No. R–1756]
RIN 7100–AG19
BUREAU OF CONSUMER FINANCIAL
PROTECTION
12 CFR Part 1013
Consumer Leasing (Regulation M)
AGENCY
: Board of Governors of the
Federal Reserve System (Board) and
Bureau of Consumer Financial
Protection (Bureau).
ACTION
: Final rules, official
interpretations and commentary.
SUMMARY
: The Board and the Bureau are
finalizing amendments to the official
interpretations and commentary for the
agencies’ regulations that implement the
Consumer Leasing Act (CLA). The
Dodd-Frank Wall Street Reform and
Consumer Protection Act (Dodd-Frank
Act) amended the CLA by requiring that
the dollar threshold for exempt
consumer leases be adjusted annually
by the annual percentage increase in the
Consumer Price Index for Urban Wage
Earners and Clerical Workers (CPI–W).
Under regulations adopted by the Board
and the Bureau, if there is no annual
percentage increase in the CPI–W, the
Board and the Bureau will not adjust
this exemption threshold from the prior
year. However, in years following a year
in which the exemption threshold was
not adjusted, the threshold is calculated
by applying the annual percentage
change in the CPI–W to the dollar
amount that would have resulted, after
rounding, if the decreases and any
subsequent increases in the CPI–W had
been taken into account. Based on the
annual percentage increase in the CPI–
W as of June 1, 2021, the exemption
threshold will increase from $58,300 to
$61,000 effective January 1, 2022.
Because the Dodd-Frank Act also
requires similar adjustments in the
Truth in Lending Act’s threshold for
exempt consumer credit transactions,
the Board and the Bureau are making
similar amendments to each of their
respective regulations implementing the
Truth in Lending Act elsewhere in the
Rules section of this issue of the Federal
Register.
DATES
: This final rule is effective
January 1, 2022.
FOR FURTHER INFORMATION CONTACT
:
Board: Vivian W. Wong, Senior
Counsel, Division of Consumer and
Community Affairs, Board of Governors
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