Federal Register - November 30, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations consumers and represents approximately 29 percent of the U.S.
population. The CPIW reported on May 12, 2021, reflects a 4.7 percent increase in the CPIW from April 2020
to April 2021. Accordingly, the 4.7
percent increase in the CPIW 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 203b23.ix to 12 CFR
part 34, Appendix C to Subpart G
OCC;
Comment 43b23.ix to Supplement I of 12 CFR part 226
Board; and Comment 35c2ii3.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.
lotter on DSK11XQN23PROD with RULES1
Regulatory Flexibility Act
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U.S.C. 553bB.
U.S.C. 603a, 604a.
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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
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:
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.
8042.
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.
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 13 44
14 2
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requirements, Savings associations, Truth-in-lending.
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.
12 CFR Part 226
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 RFAs requirements relating to an initial and final regulatory flexibility analysis do not apply.
11 5
Paperwork Reduction Act
PO 00000
U.S.C. 3506; 5 CFR part 1320.
U.S.C. 1532.
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PART 34REAL 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, 1828o, 3331 et seq., 5101 et seq., 5412b2B and 15 U.S.C. 1639h.
2. In Appendix C to Subpart G, under Section 34.203Appraisals for HigherPriced Mortgage Loans, paragraph 34.203b2 is revised to read as follows:
Appendix C to Subpart GOCC
Interpretations
Section 34.203Appraisals for HigherPriced Mortgage Loans
Paragraph 34.203b2
1. Threshold amount. For purposes of 34.203b2, the threshold amount in effect during a particular period is the amount stated in comment 203b23 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 CPIW that was in effect on the preceding June 1. Comment 203b2
3 will be amended to provide the threshold amount for the upcoming year after the annual percentage change in the CPIW 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 CPIW 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 CPIW would result in a $949 increase in the threshold amount, the threshold amount will be increased by $900.
2. No increase in the CPIW. If the CPIW
in effect on June 1 does not increase from the CPIW 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 CPIW
applied to the dollar amount that would have resulted, after rounding, if decreases and any subsequent increases in the CPIW had been taken into account.
i. Net increases. If the resulting amount calculated, after rounding, is greater than the
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