[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Rules and Regulations]
[Pages 73943-73945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30097]
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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
12 CFR Part 34
[Docket No. OCC-2015-0021]
RIN 1557-AD99
FEDERAL RESERVE SYSTEM
12 CFR Part 226
[Docket No. R-1443]
RIN 7100-AD 90
BUREAU OF CONSUMER FINANCIAL PROTECTION
12 CFR Part 1026
RIN 3170-AA11
Appraisals for Higher-Priced Mortgage Loans Exemption Threshold
AGENCY: Board of Governors of the Federal Reserve System (Board);
Bureau of Consumer Financial Protection (Bureau); and Office of the
Comptroller of the Currency, Treasury (OCC).
ACTION: Final rule; official interpretations; technical amendment.
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SUMMARY: The OCC, the Board and the Bureau are publishing final rules
amending 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) issued joint 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
[[Page 73944]]
exemption threshold from the prior year. Based on the annual percentage
decrease in the CPI-W as of June 1, 2015, the exemption threshold will
remain at $25,500 through December 31, 2016.
DATES: This final rule is effective January 1, 2016.
FOR FURTHER INFORMATION CONTACT:
OCC: Beth Knickerbocker, Counsel, Legislative & Regulatory
Activities Division, at (202) 649-5490; for persons who are deaf and
hard of hearing, TTY, (202) 649-5597.
Board: Lorna M. Neill, Counsel, Division of Consumer and Community
Affairs, Board of Governors of the Federal Reserve System, at (202)
452-3667; for users of Telecommunications Device for the Deaf (TDD)
only, contact (202) 263-4869.
Bureau: James Wylie, Counsel, Office of Regulations, Bureau of
Consumer Financial Protection, at (202) 435-7700.
SUPPLEMENTARY INFORMATION:
I. Background
The Dodd-Frank Wall Street Reform and Consumer Protection Act of
2010 (Dodd-Frank Act) amended the Truth in Lending Act (TILA) to add
special appraisal requirements for ``higher-risk mortgages.'' \1\ In
January 2013, the Agencies issued a joint 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 (the 2013 Supplemental Proposed
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.
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\1\ Public Law 111-203 section 1471, 124 Stat. 1376 (2010),
codified at TILA section 129H, 15 U.S.C. 1639h.
\2\ 78 FR 10368 (Feb. 13, 2013).
\3\ 78 FR 48547 (Aug. 8, 2013).
\4\ 78 FR 78520 (Dec. 26, 2013).
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The Bureau's, the OCC's, and the Board'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\
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\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).
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Section 34.203(b)(2) of Subpart G of part 34 of the OCC's
regulations, Sec. 226.43(b)(2) of the Board's Regulation Z, and Sec.
1026.35(c)(2)(ii) of the Bureau's Regulation Z, and their accompanying
interpretations, 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 Consumer Price Index for Urban Wage Earners
and Clerical Workers (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.\6\ If
there is no annual percentage increase in the CPI-W, the Agencies will
not adjust the threshold amounts from the prior year.\7\
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\6\ See 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).
\7\ See 78 FR 48547, 48565 (Aug. 8, 2013) (``Thus, under the
proposal, if the CPI-W decreases in an annual period, the percentage
increase would be zero, and the dollar amount threshold for the
exemption would not change.'').
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II. Adjustment and Commentary Revision
Effective January 1, 2016, the exemption threshold amount remains
at $25,500. This threshold amount is based on the CPI-W in effect on
June 1, 2015, which was reported on May 22, 2015. The Bureau of Labor
Statistics publishes consumer-based indices monthly, but does not
report a Consumer Price Index change on June 1; adjustments are
reported in the middle of the month. The CPI-W is a subset of the
Consumer Price Index for All Urban Consumers (CPI-U) and represents
approximately 28 percent of the U.S. population. Because there was a
0.8 percent decrease in the CPI-W from April 2014 to April 2015, the
OCC, the Board, and the Bureau are not adjusting the exemption
threshold amount. The OCC, the Board, and the Bureau are revising the
interpretations to their respective regulations to add new comments as
follows:
Comment 203(b)(2)-1.iii to 12 CFR part 34, Appendix C to
Subpart G (OCC);
Comment 43(b)(2)-1.iii to Supplement I of 12 CFR part 226
(Board); and
Comment 35(c)(2)(ii)-1.iii in Supplement I of 12 CFR part
1026 (Bureau).
These new comments state that, from January 1, 2016, through
December 31, 2016, the threshold amount is $25,500. These revisions are
effective January 1, 2016.
III. Administrative Law Matters
Administrative Procedure Act
Under the Administrative Procedure Act (APA), notice and
opportunity for public comment are not required if an agency finds that
notice and public comment are impracticable, unnecessary, or contrary
to the public interest.\8\ The amendment in this notice is technical
and applies the method previously set forth in the 2013 Supplemental
Proposed Rule.\9\ 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.
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\8\ 5 U.S.C. 553(b)(B).
\9\ See 78 FR 48547, 48565 (Aug. 8, 2013) (``Thus, under the
proposal, if the CPI-W decreases in an annual period, the percentage
increase would be zero, and the dollar amount threshold for the
exemption would not change.'').
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Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) does not apply to a rulemaking
where a general notice of proposed rulemaking is not required.\10\ As
noted previously, the Agencies have determined that it is unnecessary
to publish a general notice of proposed rulemaking for this joint final
rule. Accordingly, the RFA's requirements relating to an initial and
final regulatory flexibility analysis do not apply.
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\10\ 5 U.S.C. 603 and 604.
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Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995,\11\ the
Agencies reviewed this final rule. No collections of information
pursuant to the Paperwork Reduction Act are contained in the final
rule.
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\11\ 44 U.S.C. 3506; 5 CFR part 1320.
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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
[[Page 73945]]
for which a general notice of proposed rulemaking was published.\12\ As
discussed above, the OCC has determined that the publication of a
general notice of proposed rulemaking is unnecessary.
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\12\ 2 U.S.C. 1532.
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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, Mortgages, Reporting and recordkeeping
requirements, Truth in lending.
12 CFR Part 1026
Advertising, Appraisal, Appraiser, Banking, Banks, 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
0
1. The authority citation for part 34 continues to read as follows:
Authority: 12 U.S.C. 1 et seq., 25b, 29, 93a, 371, 1463, 1464,
1465,1701j-3, 1828(o), 3331 et seq., 5101 et seq., 5412(b)(2)(B) and
15 U.S.C. 1639h.
Subpart G--Appraisals for Higher-Priced Mortgage Loans
0
2. In Appendix C to Subpart G, under Section 34.203--Appraisals for
Higher-Priced Mortgage Loans, paragraph 34.203(b)(2)-1.iii is added to
read as follows:
Appendix C to Subpart G--OCC Interpretations
* * * * *
Section 34.203--Appraisals for Higher-Priced Mortgage Loans
* * * * *
34.203(b) Exemptions
* * * * *
Paragraph 34.203(b)(2)
1. Threshold Amount. * * *
iii. From January 1, 2016, through December 31, 2016, the
threshold amount is $25,500.
* * * * *
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)
0
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.
0
4. In Supplement I to part 226, under Section 226.43--Appraisals for
Higher-Risk Mortgage Loans, under paragraph 43(b)(2), paragraph
43(b)(2)-1.iii is added to read as follows:
Supplement I to Part 226--Official Staff Interpretations
* * * * *
Subpart E--Special Rules for Certain Home Mortgage Transactions
* * * * *
Section 226.43--Appraisals for Higher-Risk Mortgage Loans
* * * * *
43(b) Exemptions
* * * * *
Paragraph 43(b)(2)
1. * * *
iii. From January 1, 2016, through December 31, 2016, the
threshold amount is $25,500.
* * * * *
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)
0
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.
0
6. In Supplement I to part 1026, under Section 1026.35--Requirements
for Higher-Priced Mortgage Loans, under paragraph 35(c)(2)(ii),
paragraph 35(c)(2)(ii)-1.iii is added to read as follows:
Supplement I to Part 1026--Official Interpretations
* * * * *
Subpart E--Special Rules for Certain Home Mortgage Transactions
* * * * *
Section 1026.35--Requirements for Higher-Priced Mortgage Loans
* * * * *
35(c) Appraisals
* * * * *
35(c)(2) Exemptions
* * * * *
Paragraph 35(c)(2)(ii)
1. * * *
iii. From January 1, 2016, through December 31, 2016, the
threshold amount is $25,500.
* * * * *
Dated: November 19, 2015.
Amy Friend,
Senior Deputy Comptroller and Chief Counsel.
By order of the Board of Governors of the Federal Reserve
System, acting through the Secretary of the Board under delegated
authority, November 18, 2015.
Robert deV. Frierson,
Secretary of the Board.
Dated: October 8, 2015.
Richard Cordray,
Director, Bureau of Consumer Financial Protection.
[FR Doc. 2015-30097 Filed 11-25-15; 8:45 am]
BILLING CODE 4810-33-P; 6210-01-P; 4810-AM-P