81_FR_7059 81 FR 7032 - 2013 Integrated Mortgage Disclosures Rule Under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z); Correction of Supplementary Information

81 FR 7032 - 2013 Integrated Mortgage Disclosures Rule Under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z); Correction of Supplementary Information

BUREAU OF CONSUMER FINANCIAL PROTECTION

Federal Register Volume 81, Issue 27 (February 10, 2016)

Page Range7032-7032
FR Document2016-02630

In 2013, the Consumer Financial Protection Bureau (Bureau) issued the ``Integrated Mortgage Disclosures Under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z)'' final rule (TILA-RESPA Final Rule).\1\ The Supplementary Information to the TILA-RESPA Final Rule contained a typographical error, which this document corrects, regarding the application of tolerances to property insurance premiums, property taxes, homeowner's association dues, condominium fees, and cooperative fees. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 27 (Wednesday, February 10, 2016)
[Federal Register Volume 81, Number 27 (Wednesday, February 10, 2016)]
[Rules and Regulations]
[Page 7032]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02630]



[[Page 7032]]

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BUREAU OF CONSUMER FINANCIAL PROTECTION

12 CFR Parts 1024 and 1026

RIN 3170-AA19


2013 Integrated Mortgage Disclosures Rule Under the Real Estate 
Settlement Procedures Act (Regulation X) and the Truth in Lending Act 
(Regulation Z); Correction of Supplementary Information

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Correction of supplementary information.

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SUMMARY: In 2013, the Consumer Financial Protection Bureau (Bureau) 
issued the ``Integrated Mortgage Disclosures Under the Real Estate 
Settlement Procedures Act (Regulation X) and the Truth in Lending Act 
(Regulation Z)'' final rule (TILA-RESPA Final Rule).\1\ The 
Supplementary Information to the TILA-RESPA Final Rule contained a 
typographical error, which this document corrects, regarding the 
application of tolerances to property insurance premiums, property 
taxes, homeowner's association dues, condominium fees, and cooperative 
fees.
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    \1\ 78 FR 79730 (Dec. 31, 2013).

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DATES: This correction is effective on February 10, 2016.

FOR FURTHER INFORMATION CONTACT: Pedro De Oliveira or David Friend, 
Counsels, Office of Regulations, Consumer Financial Protection Bureau, 
1700 G Street NW., Washington, DC 20552, at (202) 435-7700.

SUPPLEMENTARY INFORMATION:  In 2013, the Bureau issued the ``Integrated 
Mortgage Disclosures Under the Real Estate Settlement Procedures Act 
(Regulation X) and the Truth in Lending Act (Regulation Z)'' final rule 
(TILA-RESPA Final Rule), combining certain disclosures that consumers 
receive in connection with applying for and closing on a mortgage 
loan.\2\ The Supplementary Information to the TILA-RESPA Final Rule 
(2013 Supp. Information) contained a typographical error, which this 
notice corrects. Specifically, on page 79829 of Volume 78 of the 
Federal Register, in the first column, in the sentence containing 
``property insurance premiums, property taxes, homeowner's association 
dues, condominium fees, and cooperative fees,'' the phrase ``are 
subject to tolerances'' should read ``are not subject to tolerances.''
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    \2\ 78 FR 79730 (Dec. 31, 2013). The Bureau published subsequent 
amendments to the TILA-RESPA Final Rule at 80 FR 8767 (Feb. 19, 
2015) and 80 FR 43911 (July 24, 2015).
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    Section 1026.19(e)(3)(iii) is titled ``Variations permitted for 
certain charges'' and lists certain charges--including property 
insurance premiums, ``[a]mounts placed into an escrow, impound, 
reserve, or similar account,'' and ``[c]harges paid for third-party 
services not required by the creditor''--in the category of charges not 
subject to tolerance.\3\ Property taxes, homeowner's association dues, 
condominium fees, and cooperative fees are all ``[c]harges paid for 
third-party services not required by the creditor.'' Additionally, the 
2013 Supp. Information sentence being corrected here is inconsistent 
with the sentence that precedes it, because the preceding sentence 
states that ``property insurance premiums are included in the category 
of settlement charges not subject to a tolerance, whether or not the 
insurance provider is a lender affiliate.'' \4\ Consequently, on page 
79829 of the 2013 Supp. Information, regarding ``property insurance 
premiums, property taxes, homeowner's association dues, condominium 
fees, and cooperative fees,'' the phrase ``are subject to tolerances'' 
should read ``are not subject to tolerances.''
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    \3\ Such charge is in good faith so long as such charge is 
``consistent with the best information reasonably available to the 
creditor at the time it is disclosed, regardless of whether the 
amount paid by the consumer exceeds the amount disclosed'' on the 
Loan Estimate. 12 CFR 1026.19(e)(3)(iii) (emphasis added).
    \4\ 78 FR 79730, 79829 (Dec. 31, 2013) (emphasis added).
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    Accordingly, the Bureau makes the following correction to FR Doc. 
2013-28210 published on December 31, 2013 (78 FR 79730):
    1. On page 79829, in the first column, in the 48th, 49th, and 50th 
lines, revise ``are subject to tolerances whether or not they are 
placed into an escrow, impound, reserve, or similar account'' to read 
``are not subject to tolerances whether or not they are placed into an 
escrow, impound, reserve, or similar account''.

    Dated: February 2, 2016.
Richard Cordray,
Director, Bureau of Consumer Financial Protection.
[FR Doc. 2016-02630 Filed 2-9-16; 8:45 am]
 BILLING CODE 4810-AM-P



                                                7032             Federal Register / Vol. 81, No. 27 / Wednesday, February 10, 2016 / Rules and Regulations

                                                BUREAU OF CONSUMER FINANCIAL                             subject to tolerances’’ should read ‘‘are                ENVIRONMENTAL PROTECTION
                                                PROTECTION                                               not subject to tolerances.’’                             AGENCY
                                                                                                            Section 1026.19(e)(3)(iii) is titled
                                                12 CFR Parts 1024 and 1026                                                                                        40 CFR Part 180
                                                                                                         ‘‘Variations permitted for certain
                                                RIN 3170–AA19                                            charges’’ and lists certain charges—                     [EPA–HQ–OPP–2015–0232; FRL–9941–15]
                                                                                                         including property insurance premiums,
                                                2013 Integrated Mortgage Disclosures                     ‘‘[a]mounts placed into an escrow,                       Poly(oxy-1,2-ethanediyl), α-(3-carboxy-
                                                Rule Under the Real Estate Settlement                    impound, reserve, or similar account,’’                  1-oxosulfopropyl)-w-hydroxy-, alkyl
                                                Procedures Act (Regulation X) and the                                                                             (C10-C16) Ethers, Disodium Salts;
                                                                                                         and ‘‘[c]harges paid for third-party
                                                Truth in Lending Act (Regulation Z);                                                                              Exemption From the Requirement of a
                                                                                                         services not required by the creditor’’—
                                                Correction of Supplementary                                                                                       Tolerance
                                                                                                         in the category of charges not subject to
                                                Information
                                                                                                         tolerance.3 Property taxes, homeowner’s                  AGENCY:  Environmental Protection
                                                AGENCY:  Bureau of Consumer Financial                    association dues, condominium fees,                      Agency (EPA).
                                                Protection.                                              and cooperative fees are all ‘‘[c]harges                 ACTION: Final rule.
                                                ACTION: Correction of supplementary                      paid for third-party services not
                                                information.                                             required by the creditor.’’ Additionally,                SUMMARY:   This regulation establishes an
                                                                                                         the 2013 Supp. Information sentence                      exemption from the requirement of a
                                                SUMMARY:   In 2013, the Consumer                                                                                  tolerance for residues of poly(oxy-1,2-
                                                                                                         being corrected here is inconsistent with
                                                Financial Protection Bureau (Bureau)                                                                              ethanediyl), a-(3-carboxy-1-
                                                                                                         the sentence that precedes it, because
                                                issued the ‘‘Integrated Mortgage                                                                                  oxosulfopropyl)-w-hydroxy-, alkyl (C10-
                                                                                                         the preceding sentence states that
                                                Disclosures Under the Real Estate                                                                                 C16) ethers, disodium salts with a
                                                Settlement Procedures Act (Regulation                    ‘‘property insurance premiums are
                                                                                                         included in the category of settlement                   polyoxyethylene (POE) content
                                                X) and the Truth in Lending Act                                                                                   averaging 5–15 moles, specifically CAS
                                                (Regulation Z)’’ final rule (TILA–RESPA                  charges not subject to a tolerance,
                                                                                                         whether or not the insurance provider is                 Reg. Nos. 68815–56–5, 68954–91–6,
                                                Final Rule).1 The Supplementary                                                                                   1013906–64–3, and 1024612–24–5,
                                                Information to the TILA–RESPA Final                      a lender affiliate.’’ 4 Consequently, on
                                                                                                                                                                  when used as inert ingredients
                                                Rule contained a typographical error,                    page 79829 of the 2013 Supp.
                                                                                                                                                                  (surfactants) in pesticide formulations
                                                which this document corrects, regarding                  Information, regarding ‘‘property
                                                                                                                                                                  applied to crops at a concentration not
                                                the application of tolerances to property                insurance premiums, property taxes,                      to exceed 10% by weight under 40 CFR
                                                insurance premiums, property taxes,                      homeowner’s association dues,                            180.910. Keller and Heckman LLP on
                                                homeowner’s association dues,                            condominium fees, and cooperative                        behalf of Cytec Industries, Inc.,
                                                condominium fees, and cooperative                        fees,’’ the phrase ‘‘are subject to                      submitted a petition to EPA under the
                                                fees.                                                    tolerances’’ should read ‘‘are not subject               Federal Food, Drug, and Cosmetic Act
                                                DATES: This correction is effective on                   to tolerances.’’                                         (FFDCA), requesting the establishment
                                                February 10, 2016.                                          Accordingly, the Bureau makes the                     of exemptions from the requirement of
                                                FOR FURTHER INFORMATION CONTACT:                         following correction to FR Doc. 2013–                    a tolerance. This regulation eliminates
                                                Pedro De Oliveira or David Friend,                       28210 published on December 31, 2013                     the need to establish a maximum
                                                Counsels, Office of Regulations,                         (78 FR 79730):                                           permissible level for residues of these
                                                Consumer Financial Protection Bureau,                                                                             poly(oxy-1,2-ethanediyl), a-(3-carboxy-
                                                                                                            1. On page 79829, in the first column,
                                                1700 G Street NW., Washington, DC                                                                                 1-oxosulfopropyl)-w-hydroxy-, alkyl
                                                20552, at (202) 435–7700.                                in the 48th, 49th, and 50th lines, revise                (C10-C16) ethers, disodium salts.
                                                                                                         ‘‘are subject to tolerances whether or not
                                                SUPPLEMENTARY INFORMATION: In 2013,                                                                               DATES: This regulation is effective
                                                                                                         they are placed into an escrow,
                                                the Bureau issued the ‘‘Integrated                                                                                February 10, 2016. Objections and
                                                                                                         impound, reserve, or similar account’’ to
                                                Mortgage Disclosures Under the Real                                                                               requests for hearings must be received
                                                Estate Settlement Procedures Act                         read ‘‘are not subject to tolerances
                                                                                                                                                                  on or before April 11, 2016, and must
                                                (Regulation X) and the Truth in Lending                  whether or not they are placed into an                   be filed in accordance with the
                                                Act (Regulation Z)’’ final rule (TILA–                   escrow, impound, reserve, or similar                     instructions provided in 40 CFR part
                                                RESPA Final Rule), combining certain                     account’’.                                               178 (see also Unit I.C. of the
                                                disclosures that consumers receive in                      Dated: February 2, 2016.                               SUPPLEMENTARY INFORMATION).
                                                connection with applying for and                         Richard Cordray,                                         ADDRESSES: The docket for this action,
                                                closing on a mortgage loan.2 The                         Director, Bureau of Consumer Financial                   identified by docket identification (ID)
                                                Supplementary Information to the                         Protection.                                              number EPA–HQ–OPP–2015–0232, is
                                                TILA–RESPA Final Rule (2013 Supp.                                                                                 available at http://www.regulations.gov
                                                                                                         [FR Doc. 2016–02630 Filed 2–9–16; 8:45 am]
                                                Information) contained a typographical                                                                            or at the Office of Pesticide Programs
                                                                                                         BILLING CODE 4810–AM–P
                                                error, which this notice corrects.                                                                                Regulatory Public Docket (OPP Docket)
                                                Specifically, on page 79829 of Volume                                                                             in the Environmental Protection Agency
                                                78 of the Federal Register, in the first                                                                          Docket Center (EPA/DC), West William
                                                column, in the sentence containing                                                                                Jefferson Clinton Bldg., Rm. 3334, 1301
                                                ‘‘property insurance premiums,                                                                                    Constitution Ave. NW., Washington, DC
                                                property taxes, homeowner’s association                    3 Such charge is in good faith so long as such
                                                                                                                                                                  20460–0001. The Public Reading Room
jstallworth on DSK7TPTVN1PROD with RULES




                                                dues, condominium fees, and                              charge is ‘‘consistent with the best information         is open from 8:30 a.m. to 4:30 p.m.,
                                                cooperative fees,’’ the phrase ‘‘are                     reasonably available to the creditor at the time it is
                                                                                                                                                                  Monday through Friday, excluding legal
                                                                                                         disclosed, regardless of whether the amount paid by
                                                                                                         the consumer exceeds the amount disclosed’’ on the
                                                                                                                                                                  holidays. The telephone number for the
                                                  1 78FR 79730 (Dec. 31, 2013).
                                                  2 78                                                   Loan Estimate. 12 CFR 1026.19(e)(3)(iii) (emphasis       Public Reading Room is (202) 566–1744,
                                                      FR 79730 (Dec. 31, 2013). The Bureau
                                                published subsequent amendments to the TILA–             added).                                                  and the telephone number for the OPP
                                                RESPA Final Rule at 80 FR 8767 (Feb. 19, 2015) and         4 78 FR 79730, 79829 (Dec. 31, 2013) (emphasis         Docket is (703) 305–5805. Please review
                                                80 FR 43911 (July 24, 2015).                             added).                                                  the visitor instructions and additional


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Document Created: 2016-02-10 00:19:40
Document Modified: 2016-02-10 00:19:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionCorrection of supplementary information.
DatesThis correction is effective on February 10, 2016.
ContactPedro De Oliveira or David Friend, Counsels, Office of Regulations, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552, at (202) 435-7700.
FR Citation81 FR 7032 
RIN Number3170-AA19
CFR Citation12 CFR 1024
12 CFR 1026

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