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Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Rules and Regulations percentage points for a first-lien covered transaction with a loan amount greater than or equal to $110,260 indexed for inflation; 3.5 or more percentage points for a first-lien covered transaction with a loan amount greater than or equal to $66,156 indexed for inflation but less than $110,260 indexed for inflation;
6.5 or more percentage points for a firstlien covered transaction with a loan amount less than $66,156 indexed for inflation; 6.5 or more percentage points for a first-lien covered transaction secured by a manufactured home with a loan amount less than $110,260
indexed for inflation; 3.5 or more percentage points for a subordinate-lien covered transaction with a loan amount greater than or equal to $66,156
indexed for inflation; or 6.5 or more percentage points for a subordinate-lien covered transaction with a loan amount less than $66,156 indexed for inflation.8 The rule states that the loan amounts in 1026.43e2vi will be adjusted annually on January 1 by the annual percentage change in the CPIU
that was in effect on the preceding June 1.9 Section 1026.43e2vi of Regulation Z is also amended to add a cross-reference to the official commentary of Regulation Z where historical threshold dollar amounts for 1026.43e2viA through F can be located. This change to the regulatory text will assist creditors in locating the applicable threshold adjustments.
Regulation Z also contains points and fees limits applicable to all categories of QMs. Under 1026.43e3i, a covered transaction is not a QM if the transactions total points and fees exceed: 3 percent of the total loan amount for a loan amount greater than or equal to $100,000; $3,000 for a loan amount greater than or equal to $60,000
but less than $100,000; 5 percent of the total loan amount for loans greater than or equal to $20,000 but less than $60,000; $1,000 for a loan amount greater than or equal to $12,500 but less than $20,000; or 8 percent of the total loan amount for loans less than $12,500.
Section 1026.43e3ii provides that the limits and loan amounts in 1026.43e3i will be recalculated annually for inflation using the CPIU
index in effect on the preceding June 1.
The 2022 adjustment to the loan amounts applicable to the pricing thresholds for the General QM loan definition and the points and fees limits for all categories of QM is based on the CPIU index in effect on June 1, 2021, which was reported by BLS on May 12, 8 The loan amounts in the regulatory text reflect the CPIU in effect on June 1, 2020.
9 See comment 43e2vi3.

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2021, and reflects the percentage change from April 2020 to April 2021. The adjustment to the 2021 figures 10 being adopted here reflects a 4.2 percent increase in the CPIU index for this period and is rounded to whole dollars for ease of compliance.
II. Adjustment and Commentary Revision A. Credit Card Annual Adjustments Minimum Interest Charge Disclosure Thresholds 1026.6b2iii and 1026.60b3
The minimum interest charge amounts for 1026.6b2iii and 1026.60b3 will remain unchanged at $1.00 for the year 2022. Accordingly, the Bureau is not amending these sections of Regulation Z.
Safe Harbor Penalty Fees 1026.52b1iiA and B
Effective January 1, 2022, the permissible fee threshold amounts increased from the amounts for 2021 to $30 for 1026.52b1iiA and to $41
for 1026.52b1iiB. Accordingly, the Bureau is amending 1026.52b1iiA and B. The Bureau is amending comment 52b1ii2.i to preserve a list of the historical thresholds for this provision.
B. HOEPA Annual Threshold AdjustmentComments 32a1ii1
and 3
Effective January 1, 2022, for purposes of determining under 1026.32a1ii the points-and-fees coverage test under HOEPA to which a transaction is subject, the total loan amount threshold is $22,969, and the adjusted points-andfees dollar trigger under 10 For 2022, a covered transaction is a qualified mortgage if the APR does not exceed the APOR for a comparable transaction as of the date the interest rate is set by: 2.25 or more percentage points for a first-lien covered transaction with a loan amount greater than or equal to $114,847; 3.5 or more percentage points for a first-lien covered transaction with a loan amount greater than or equal to $68,908
but less than $114,847; 6.5 or more percentage points for a first-lien covered transaction with a loan amount less than $68,908; 6.5 or more percentage points for a first-lien covered transaction secured by a manufactured home with a loan amount less than $114,847; 3.5 or more percentage points for a subordinate-lien covered transaction with a loan amount greater than or equal to $68,908;
or 6.5 or more percentage points for a subordinatelien covered transaction with a loan amount less than $68,908. Additionally, a covered transaction is not a qualified mortgage if the transactions total points and fees exceed 3 percent of the total loan amount for a loan amount greater than or equal to $114,847; $3,445 for a loan amount greater than or equal to $68,908 but less than $114,847; 5 percent of the total loan amount for loans greater than or equal to $22,969 but less than $68,908; $1,148 for a loan amount greater than or equal to $14,356 but less than $22,969; or 8 percent of the total loan amount for loans less than $14,356.

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1026.32a1iiB is $1,148. If the total loan amount for a transaction is $22,969 or more, and the points-andfees amount exceeds 5 percent of the total loan amount, the transaction is a high-cost mortgage. If the total loan amount for a transaction is less than $22,969, and the points-and-fees amount exceeds the lesser of the adjusted points-and-fees dollar trigger of $1,148 or 8 percent of the total loan amount, the transaction is a high-cost mortgage. The Bureau is amending comments 32a1ii1 and 3, which list the adjustments for each year, to reflect for 2022 the new points-and-fees dollar trigger and the new loan amount dollar threshold, respectively.
C. Qualified Mortgages Annual Threshold Adjustments Effective January 1, 2022, to satisfy 1026.43e2vi under the General QM loan definition, the APR may not exceed the average prime offer rate for a comparable transaction as of the date the interest rate is set by the following amounts: 2.25 or more percentage points for a first-lien covered transaction with a loan amount greater than or equal to $114,847; 3.5 or more percentage points for a first-lien covered transaction with a loan amount greater than or equal to $68,908 but less than $114,847; 6.5 or more percentage points for a first-lien covered transaction with a loan amount less than $68,908; 6.5 or more percentage points for a first-lien covered transaction secured by a manufactured home with a loan amount less than $114,847; 3.5 or more percentage points for a subordinate-lien covered transaction with a loan amount greater than or equal to $68,908; or 6.5 or more percentage points for a subordinate-lien covered transaction with a loan amount less than $68,908. Accordingly, the Bureau is amending comment 43e2vi3, which lists the adjustments for each year, to reflect the new dollar threshold amounts for 1026.43e2viA through F.
Effective January 1, 2022, a covered transaction is not a qualified mortgage if, pursuant to 1026.43e3, the transactions total points and fees exceed 3 percent of the total loan amount for a loan amount greater than or equal to $114,847; $3,445 for a loan amount greater than or equal to $68,908
but less than $114,847; 5 percent of the total loan amount for loans greater than or equal to $22,969 but less than $68,908; $1,148 for a loan amount greater than or equal to $14,356 but less than $22,969; or 8 percent of the total loan amount for loans less than $14,356.
The Bureau is amending comment 43e3ii1, which lists the
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