Description
73943
Rules and Regulations
Federal Register
Vol. 80, No. 228
Friday, November 27, 2015
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each week. NATIONAL SCIENCE FOUNDATION 2 CFR Part 2500 RIN 3145–AA57 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards National Science Foundation. ACTION: Final rule. AGENCY: NSF has adopted as final its interim final rule outlining uniform administrative requirements, cost principles, and audit requirements for Federal awards, pursuant to the approval NSF received from OMB to implement requirements via use of a policy, rather than a regulation. In order to establish a single location for each of the Departments’ and Agencies’ implementation of the Uniform Guidance, NSF has provided a link to its policy implementation of OMB’s Uniform Guidance for inclusion in this issuance. DATES: This rule is effective on November 27, 2015. ADDRESSES: The Foundation’s implementation document, the NSF Proposal and Award Policies and Procedures Guide, may be found at: http://www.nsf.gov/pubs/policydocs/ pappguide/nsf16001/?org=NSF. FOR FURTHER INFORMATION CONTACT: Erin Dawson, Assistant General Counsel, Office of the General Counsel, National Science Foundation, 4201 Wilson Boulevard, Room 1265, Arlington, VA 22230; (703) 292–8060, edawson@ nsf.gov (please include RIN 3145–AA57 in the subject line of the message). SUPPLEMENTARY INFORMATION: On December 19, 2014, the Office of Management and Budget (OMB) published an Interim Final Rule that implemented for all Federal awardmaking agencies, including NSF, OMB’s final guidance on Uniform mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:09 Nov 25, 2015 Jkt 238001 Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 79 FR 75871. OMB published the uniform rules as 2 CFR part 200.
As part of that rulemaking, NSF adopted part 200 through an agency-specific addendum at 2 CFR part 2500. The Foundation’s implementation document, the NSF Proposal and Award Policies and Procedures Guide, may be found at: http://www.nsf.gov/pubs/ policydocs/pappguide/nsf16001/ ?org=NSF. NSF received no comments in response to its adoption of the Interim Final Rule. Therefore, 2 CFR part 2500 as described in the Interim Final Rule, is adopted with no changes. DEPARTMENT OF THE TREASURY Regulatory Findings 12 CFR Part 1026 For the regulatory findings regarding this rulemaking, please refer to the analysis prepared by OMB in the Interim Final Rule, which is incorporated herein.
79 FR at 75876. Accordingly, the Interim Final Rule adding 2 CFR part 2500, which was published at 79 FR 75871 on December 19, 2014, is adopted as a Final Rule without change. Dated: November 20, 2015. Lawrence Rudolph, General Counsel, National Science Foundation. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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 RIN 3170–AA11 Appraisals for Higher-Priced Mortgage Loans Exemption Threshold 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. AGENCY: 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 SUMMARY: [FR Doc.
2015–30144 Filed 11–25–15; 8:45 am] BILLING CODE 7555–01–P Office of the Comptroller of the Currency E:\FR\FM\27NOR1.SGM 27NOR1 . 73944 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations 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. This final rule is effective January 1, 2016. DATES: 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: mstockstill on DSK4VPTVN1PROD with RULES 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. 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 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). VerDate Sep<11>2014 16:09 Nov 25, 2015 Jkt 238001 January 2013 Final Rule and December 2013 Supplemental Final Rule.5 Section 34.203(b)(2) of Subpart G of part 34 of the OCC’s regulations, § 226.43(b)(2) of the Board’s Regulation Z, and § 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 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: 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 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.’’). PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 • 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. 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. 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. 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 85 U.S.C.
553(b)(B). 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.’’). 10 5 U.S.C. 603 and 604. 11 44 U.S.C.
3506; 5 CFR part 1320. 9 See E:\FR\FM\27NOR1.SGM 27NOR1 . Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations 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. Paragraph 34.203(b)(2) 1. Threshold Amount.
* * * iii. From January 1, 2016, through December 31, 2016, the threshold amount is $25,500. List of Subjects BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM Supplement I to Part 1026—Official Interpretations Authority and Issuance * For the reasons set forth in the preamble, the Board amends Regulation Z, 12 CFR part 226, as set forth below: Subpart E—Special Rules for Certain Home Mortgage Transactions 12 CFR Part 34 Appraisal, Appraiser, Banks, Banking, Consumer protection, Credit, Mortgages, National banks, Reporting and recordkeeping requirements, Savings associations, Truth in lending. 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. Office of the Comptroller of the Currency 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 2. In Appendix C to Subpart G, under Section 34.203—Appraisals for HigherPriced Mortgage Loans, paragraph 34.203(b)(2)–1.iii is added to read as follows: Appendix C to Subpart G—OCC Interpretations mstockstill on DSK4VPTVN1PROD with RULES * * Section 34.203—Appraisals for HigherPriced Mortgage Loans * * * * 12 2 * * * 16:09 Nov 25, 2015 * * * Subpart E—Special Rules for Certain Home Mortgage Transactions * * * * * Section 226.43—Appraisals for HigherRisk Mortgage Loans * * * * * * * * * Paragraph 43(b)(2) * * * * * * 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] FEDERAL RESERVE SYSTEM * * * * 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) Authority: 12 U.S.C. 2601, 2603–2605, 2607, 2609, 2617, 3353, 5511, 5512, 5532, 5581; 15 U.S.C. 1601 et seq. Jkt 238001 * 1.
* * * iii. From January 1, 2016, through December 31, 2016, the threshold amount is $25,500. 5. The authority citation for part 1026 continues to read as follows: U.S.C.
1532. VerDate Sep<11>2014 * â– 34.203(b) Exemptions * 4. In Supplement I to part 226, under Section 226.43—Appraisals for HigherRisk Mortgage Loans, under paragraph 43(b)(2), paragraph 43(b)(2)–1.iii is added to read as follows: â– * * * Subpart G—Appraisals for HigherPriced Mortgage Loans â– 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. 43(b) Exemptions 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. * * 3.
The authority citation for part 226 continues to read as follows: * 1. The authority citation for part 34 continues to read as follows: â– * * â– * Authority and Issuance * * Supplement I to Part 226—Official Staff Interpretations DEPARTMENT OF THE TREASURY * * PART 226—TRUTH IN LENDING (REGULATION Z) 12 CFR Part 226 * * 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: â– PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 BILLING CODE 4810–33–P; 6210–01–P; 4810–AM–P 12 CFR Part 213 [Docket No.
R–1519] RIN 7100 AE–35 BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1013 RIN 3170–AA06 Consumer Leasing (Regulation M) Board of Governors of the Federal Reserve System (Board); and Bureau of Consumer Financial Protection (Bureau). AGENCIES: E:\FR\FM\27NOR1.SGM 27NOR1 .
Prices of new books are listed in the first FEDERAL REGISTER issue of each week. NATIONAL SCIENCE FOUNDATION 2 CFR Part 2500 RIN 3145–AA57 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards National Science Foundation. ACTION: Final rule. AGENCY: NSF has adopted as final its interim final rule outlining uniform administrative requirements, cost principles, and audit requirements for Federal awards, pursuant to the approval NSF received from OMB to implement requirements via use of a policy, rather than a regulation. In order to establish a single location for each of the Departments’ and Agencies’ implementation of the Uniform Guidance, NSF has provided a link to its policy implementation of OMB’s Uniform Guidance for inclusion in this issuance. DATES: This rule is effective on November 27, 2015. ADDRESSES: The Foundation’s implementation document, the NSF Proposal and Award Policies and Procedures Guide, may be found at: http://www.nsf.gov/pubs/policydocs/ pappguide/nsf16001/?org=NSF. FOR FURTHER INFORMATION CONTACT: Erin Dawson, Assistant General Counsel, Office of the General Counsel, National Science Foundation, 4201 Wilson Boulevard, Room 1265, Arlington, VA 22230; (703) 292–8060, edawson@ nsf.gov (please include RIN 3145–AA57 in the subject line of the message). SUPPLEMENTARY INFORMATION: On December 19, 2014, the Office of Management and Budget (OMB) published an Interim Final Rule that implemented for all Federal awardmaking agencies, including NSF, OMB’s final guidance on Uniform mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:09 Nov 25, 2015 Jkt 238001 Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 79 FR 75871. OMB published the uniform rules as 2 CFR part 200.
As part of that rulemaking, NSF adopted part 200 through an agency-specific addendum at 2 CFR part 2500. The Foundation’s implementation document, the NSF Proposal and Award Policies and Procedures Guide, may be found at: http://www.nsf.gov/pubs/ policydocs/pappguide/nsf16001/ ?org=NSF. NSF received no comments in response to its adoption of the Interim Final Rule. Therefore, 2 CFR part 2500 as described in the Interim Final Rule, is adopted with no changes. DEPARTMENT OF THE TREASURY Regulatory Findings 12 CFR Part 1026 For the regulatory findings regarding this rulemaking, please refer to the analysis prepared by OMB in the Interim Final Rule, which is incorporated herein.
79 FR at 75876. Accordingly, the Interim Final Rule adding 2 CFR part 2500, which was published at 79 FR 75871 on December 19, 2014, is adopted as a Final Rule without change. Dated: November 20, 2015. Lawrence Rudolph, General Counsel, National Science Foundation. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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 RIN 3170–AA11 Appraisals for Higher-Priced Mortgage Loans Exemption Threshold 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. AGENCY: 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 SUMMARY: [FR Doc.
2015–30144 Filed 11–25–15; 8:45 am] BILLING CODE 7555–01–P Office of the Comptroller of the Currency E:\FR\FM\27NOR1.SGM 27NOR1 . 73944 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations 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. This final rule is effective January 1, 2016. DATES: 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: mstockstill on DSK4VPTVN1PROD with RULES 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. 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 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). VerDate Sep<11>2014 16:09 Nov 25, 2015 Jkt 238001 January 2013 Final Rule and December 2013 Supplemental Final Rule.5 Section 34.203(b)(2) of Subpart G of part 34 of the OCC’s regulations, § 226.43(b)(2) of the Board’s Regulation Z, and § 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 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: 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 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.’’). PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 • 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. 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. 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. 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 85 U.S.C.
553(b)(B). 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.’’). 10 5 U.S.C. 603 and 604. 11 44 U.S.C.
3506; 5 CFR part 1320. 9 See E:\FR\FM\27NOR1.SGM 27NOR1 . Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations 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. Paragraph 34.203(b)(2) 1. Threshold Amount.
* * * iii. From January 1, 2016, through December 31, 2016, the threshold amount is $25,500. List of Subjects BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM Supplement I to Part 1026—Official Interpretations Authority and Issuance * For the reasons set forth in the preamble, the Board amends Regulation Z, 12 CFR part 226, as set forth below: Subpart E—Special Rules for Certain Home Mortgage Transactions 12 CFR Part 34 Appraisal, Appraiser, Banks, Banking, Consumer protection, Credit, Mortgages, National banks, Reporting and recordkeeping requirements, Savings associations, Truth in lending. 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. Office of the Comptroller of the Currency 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 2. In Appendix C to Subpart G, under Section 34.203—Appraisals for HigherPriced Mortgage Loans, paragraph 34.203(b)(2)–1.iii is added to read as follows: Appendix C to Subpart G—OCC Interpretations mstockstill on DSK4VPTVN1PROD with RULES * * Section 34.203—Appraisals for HigherPriced Mortgage Loans * * * * 12 2 * * * 16:09 Nov 25, 2015 * * * Subpart E—Special Rules for Certain Home Mortgage Transactions * * * * * Section 226.43—Appraisals for HigherRisk Mortgage Loans * * * * * * * * * Paragraph 43(b)(2) * * * * * * 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] FEDERAL RESERVE SYSTEM * * * * 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) Authority: 12 U.S.C. 2601, 2603–2605, 2607, 2609, 2617, 3353, 5511, 5512, 5532, 5581; 15 U.S.C. 1601 et seq. Jkt 238001 * 1.
* * * iii. From January 1, 2016, through December 31, 2016, the threshold amount is $25,500. 5. The authority citation for part 1026 continues to read as follows: U.S.C.
1532. VerDate Sep<11>2014 * â– 34.203(b) Exemptions * 4. In Supplement I to part 226, under Section 226.43—Appraisals for HigherRisk Mortgage Loans, under paragraph 43(b)(2), paragraph 43(b)(2)–1.iii is added to read as follows: â– * * * Subpart G—Appraisals for HigherPriced Mortgage Loans â– 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. 43(b) Exemptions 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. * * 3.
The authority citation for part 226 continues to read as follows: * 1. The authority citation for part 34 continues to read as follows: â– * * â– * Authority and Issuance * * Supplement I to Part 226—Official Staff Interpretations DEPARTMENT OF THE TREASURY * * PART 226—TRUTH IN LENDING (REGULATION Z) 12 CFR Part 226 * * 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: â– PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 BILLING CODE 4810–33–P; 6210–01–P; 4810–AM–P 12 CFR Part 213 [Docket No.
R–1519] RIN 7100 AE–35 BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1013 RIN 3170–AA06 Consumer Leasing (Regulation M) Board of Governors of the Federal Reserve System (Board); and Bureau of Consumer Financial Protection (Bureau). AGENCIES: E:\FR\FM\27NOR1.SGM 27NOR1 .
