83_FR_43669 83 FR 43503 - Truth in Lending (Regulation Z) Annual Threshold Adjustments (Credit Cards, HOEPA, and Qualified Mortgages)

83 FR 43503 - Truth in Lending (Regulation Z) Annual Threshold Adjustments (Credit Cards, HOEPA, and Qualified Mortgages)

BUREAU OF CONSUMER FINANCIAL PROTECTION

Federal Register Volume 83, Issue 166 (August 27, 2018)

Page Range43503-43508
FR Document2018-18209

The Bureau of Consumer Financial Protection (Bureau) is issuing this final rule amending the regulation text and official interpretations for Regulation Z, which implements the Truth in Lending Act (TILA). The Bureau is required to calculate annually the dollar amounts for several provisions in Regulation Z; this final rule revises, as applicable, the dollar amounts for provisions implementing TILA and amendments to TILA, including under the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act), the Home Ownership and Equity Protection Act of 1994 (HOEPA), and the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The Bureau is adjusting these amounts, where appropriate, based on the annual percentage change reflected in the Consumer Price Index (CPI) in effect on June 1, 2018.

Federal Register, Volume 83 Issue 166 (Monday, August 27, 2018)
[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Rules and Regulations]
[Pages 43503-43508]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18209]


=======================================================================
-----------------------------------------------------------------------

BUREAU OF CONSUMER FINANCIAL PROTECTION

12 CFR Part 1026


Truth in Lending (Regulation Z) Annual Threshold Adjustments 
(Credit Cards, HOEPA, and Qualified Mortgages)

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Final rule; official interpretation.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is 
issuing this final rule amending the regulation text and official 
interpretations for Regulation Z, which implements the Truth in Lending 
Act (TILA). The Bureau is required to calculate annually the dollar 
amounts for several provisions in Regulation Z; this final rule 
revises, as applicable, the dollar amounts for provisions implementing 
TILA and amendments to TILA, including under the Credit Card 
Accountability Responsibility and Disclosure Act of 2009 (CARD Act), 
the Home Ownership and Equity Protection Act of 1994 (HOEPA), and the 
Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank 
Act). The Bureau is adjusting these amounts, where appropriate, based 
on the annual percentage change reflected in the Consumer Price Index 
(CPI) in effect on June 1, 2018.

DATES: This final rule is effective January 1, 2019.

FOR FURTHER INFORMATION CONTACT: Monique Chenault, Paralegal, and 
Shelley Thompson, Counsel, Office of Regulations, at (202) 435-7700. If 
you require this document in an alternative electronic format, please 
contact [email protected].

SUPPLEMENTARY INFORMATION: The Bureau is amending the regulation text 
and official interpretations for Regulation Z, which implements TILA, 
to update the dollar amounts of various thresholds that are adjusted 
annually based on the annual percentage change in the CPI as published 
by the Bureau of Labor Statistics (BLS). Specifically, for open-end 
consumer credit plans under TILA, the threshold that triggers 
requirements to disclose minimum interest charges will remain unchanged 
at $1.00 in 2019. For open-end consumer credit plans under the CARD Act 
amendments to TILA, the adjusted dollar amount in 2019 for the safe 
harbor for a first violation penalty fee will increase by $1 to $28 and 
the adjusted dollar amount for the safe harbor for a subsequent 
violation penalty fee will increase by $1 to $39. For HOEPA loans, the 
adjusted total loan amount threshold for high-cost mortgages in 2019 
will be $21,549. The adjusted points-and-fees dollar trigger for high-
cost mortgages in 2019 will be $1,077. For qualified mortgages, which 
receive certain protections from liability under the ability-to-repay 
rule, the maximum thresholds for total points and fees in 2019 will be 
3 percent of the total loan amount for a loan greater than or equal to 
$107,747; $3,232 for a loan amount greater than or equal to $64,648 but 
less than $107,747; 5 percent of the total loan amount for a loan 
greater than or equal to $21,549 but less than $64,648; $1,077 for a 
loan amount greater than or equal to $13,468 but less than $21,549; and 
8 percent of the total loan amount for a loan amount less than $13,468.

I. Background

A. Credit Card Annual Adjustments

Minimum Interest Charge Disclosure Thresholds
    Sections 1026.6(b)(2)(iii) and 1026.60(b)(3) of Regulation Z 
implement sections 127(a)(3) and 127(c)(1)(A)(ii)(II) of TILA. Sections 
1026.6(b)(2)(iii) and 1026.60(b)(3) require the disclosure of any 
minimum interest charge exceeding $1.00 that could be imposed during a 
billing cycle and provide that, for open-end consumer credit plans, the 
minimum interest charge thresholds

[[Page 43504]]

will be re-calculated annually using the CPI that was in effect on the 
preceding June 1; the Bureau uses the Consumer Price Index for Urban 
Wage Earners and Clerical Workers (CPI-W) for this adjustment. When the 
cumulative change in the adjusted minimum value derived from applying 
the annual CPI-W level to the current amounts in Sec. Sec.  
1026.6(b)(2)(iii) and 1026.60(b)(3) has risen by a whole dollar, the 
minimum interest charge amounts set forth in the regulation will be 
increased by $1.00. The BLS publishes consumer-based indices monthly 
but does not report a CPI change on June 1; adjustments are reported in 
the middle of the month. This adjustment analysis is based on the CPI-W 
index in effect on June 1, 2018, which was reported by BLS on May 10, 
2018, and reflects the percentage change from April 2017 to April 2018. 
The CPI-W is a subset of the Consumer Price Index for All Urban 
Consumers (CPI-U) index and represents approximately 29 percent of the 
U.S. population. The adjustment analysis accounts for a 2.6 percent 
increase in the CPI-W from April 2017 to April 2018. This increase in 
the CPI-W when applied to the current amounts in Sec. Sec.  
1026.6(b)(2)(iii) and 1026.60(b)(3) did not trigger an increase in the 
minimum interest charge threshold of at least $1.00, and the Bureau is 
therefore not amending Sec. Sec.  1026.6(b)(2)(iii) and 1026.60(b)(3).
Safe Harbor Penalty Fees
    Section 1026.52(b)(1)(ii)(A) and (B) of Regulation Z implements 
section 149(e) of TILA, established by the CARD Act.\1\ Section 
1026.52(b)(1)(ii)(D) provides that the safe harbor provision, which 
establishes the permissible penalty fee thresholds in Sec.  
1026.52(b)(1)(ii)(A) and (B), will be re-calculated annually using the 
CPI that was in effect on the preceding June 1; the Bureau uses the 
CPI-W for this adjustment. When the cumulative change in the adjusted 
value derived from applying the annual CPI-W level to the current 
amounts in Sec.  1026.52(b)(1)(ii)(A) and (B) has risen by a whole 
dollar, those amounts will be increased by $1.00. Similarly, when the 
cumulative change in the adjusted value derived from applying the 
annual CPI-W level to the current amounts in Sec.  1026.52(b)(1)(ii)(A) 
and (B) has decreased by a whole dollar, those amounts will be 
decreased by $1.00. See comment 52(b)(1)(ii)-2. The 2019 adjustment 
analysis is based on the CPI-W index in effect on June 1, 2018, which 
was reported by BLS on May 10, 2018, and reflects the percentage change 
from April 2017 to April 2018. The adjustment to the permissible fee 
thresholds being adopted here reflects a 2.6 percent increase in the 
CPI-W from April 2017 to April 2018 and is rounded to the nearest $1 
increment.
---------------------------------------------------------------------------

    \1\ Credit Card Accountability Responsibility and Disclosure Act 
of 2009, Public Law 111-24, 123 Stat. 1734 (2009).
---------------------------------------------------------------------------

B. HOEPA Annual Threshold Adjustments

    Section 1026.32(a)(1)(ii) of Regulation Z implements section 1431 
of the Dodd-Frank Act,\2\ which amended the HOEPA points-and-fees 
coverage test. Under Sec.  1026.32(a)(1)(ii)(A) and (B), when 
determining whether a transaction is a high-cost mortgage, the 
determination of the applicable points-and-fees coverage test depends 
on whether the total loan amount is for $20,000 or more, or for less 
than $20,000. Section 1026.32(a)(1)(ii) provides that this threshold 
amount be recalculated annually using the CPI index in effect on June 
1; the Bureau uses the CPI-U for this adjustment. The CPI-U is based on 
all urban consumers and represents approximately 93 percent of the U.S. 
population. The 2019 adjustment is based on the CPI-U index in effect 
on June 1, which was reported by BLS on May 10, 2018, and reflects the 
percentage change from April 2017 to April 2018. The adjustment to the 
$20,000 figure being adopted here reflects a 2.5 percent increase in 
the CPI-U index for this period and is rounded to whole dollars for 
ease of compliance.
---------------------------------------------------------------------------

    \2\ Dodd-Frank Wall Street Reform and Consumer Protection Act, 
Public Law 111-203, 124 Stat. 1376 (2010).
---------------------------------------------------------------------------

    Under Sec.  1026.32(a)(1)(ii)(B) the HOEPA points-and-fees dollar 
trigger is $1,000. Section 1026.32(a)(1)(ii)(B) provides that this 
threshold amount will be recalculated annually using the CPI index in 
effect on June 1; the Bureau uses the CPI-U for this adjustment. The 
2019 adjustment is based on the CPI-U index in effect on June 1, 2018, 
which was reported by BLS on May 10, 2018, and reflects the percentage 
change from April 2017 to April 2018. The adjustment to the $1,000 
figure being adopted here reflects a 2.5 percent increase in the CPI-U 
index for this period and is rounded to whole dollars for ease of 
compliance.

C. Qualified Mortgages Annual Threshold Adjustments

    The Bureau's Regulation Z implements sections 1411 and 1412 of the 
Dodd-Frank Act, which generally require creditors to make a reasonable, 
good-faith determination of a consumer's ability to repay any consumer 
credit transaction secured by a dwelling and establishes certain 
protections from liability under this requirement for qualified 
mortgages. Under Sec.  1026.43(e)(3)(i), a covered transaction is not a 
qualified mortgage if the transaction's 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 1026.43(e)(3)(ii) provides that the limits and loan 
amounts in Sec.  1026.43(e)(3)(i) are recalculated annually for 
inflation using the CPI-U index in effect on June 1. The 2019 
adjustment is based on the CPI-U index in effect on June 1, 2018, which 
was reported by BLS on May 10, 2018, and reflects the percentage change 
from April 2017 to April 2018. The adjustment to the 2018 figures being 
adopted here reflects a 2.5 percent increase in the CPI-U 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--Sec. Sec.  
1026.6(b)(2)(iii) and 1026.60(b)(3)
    The minimum interest charge amounts for Sec. Sec.  
1026.6(b)(2)(iii) and 1026.60(b)(3) will remain unchanged at $1.00 for 
the year 2019. Accordingly, the Bureau is not amending these sections 
of Regulation Z.
Safe Harbor Penalty Fees--Sec.  1026.52(b)(1)(ii)(A) and (B)
    Effective January 1, 2019, the permissible fee threshold amounts 
increased by $1 and are $28 for Sec.  1026.52(b)(1)(ii)(A) and $39 for 
Sec.  1026.52(b)(1)(ii)(B). Accordingly, the Bureau is revising Sec.  
1026.52(b)(1)(ii)(A) and (B) to state that the fee imposed for 
violating the terms or other requirements of an account shall not 
exceed $28 and $39 respectively. The Bureau is also amending comment 
52(b)(1)(ii)-2.i to preserve a list of the historical thresholds for 
this provision.

B. HOEPA Annual Threshold Adjustment--Comments 32(a)(1)(ii)-1 and -3

    Effective January 1, 2019, for purposes of determining under Sec.  
1026.32(a)(1)(ii)

[[Page 43505]]

the points-and-fees coverage test under HOEPA to which a transaction is 
subject, the total loan amount threshold is $21,549, and the adjusted 
points-and-fees dollar trigger under Sec.  1026.32(a)(1)(ii)(B) is 
$1,077. When the total loan amount for a transaction is $21,549 or 
more, and the points-and-fees amount exceeds 5 percent of the total 
loan amount, the transaction is a high-cost mortgage. When the total 
loan amount for a transaction is less than $21,549, and the points-and-
fees amount exceeds the lesser of the adjusted points-and-fees dollar 
trigger of $1,077 or 8 percent of the total loan amount, the 
transaction is a high-cost mortgage. The Bureau is amending comments 
32(a)(1)(ii)-1 and -3, which list the adjustments for each year, to 
reflect for 2019 the new loan amount dollar threshold and the new 
points-and-fees dollar trigger, respectively.

C. Qualified Mortgages Annual Threshold Adjustments

    Effective January 1, 2019, a covered transaction is not a qualified 
mortgage if, pursuant to Sec.  1026.43(e)(3), the transaction's total 
points and fees exceed 3 percent of the total loan amount for a loan 
amount greater than or equal to $107,747; $3,232 for a loan amount 
greater than or equal to $64,648 but less than $107,747; 5 percent of 
the total loan amount for loans greater than or equal to $21,549 but 
less than $64,648; $1,077 for a loan amount greater than or equal to 
$13,468 but less than $21,549; or 8 percent of the total loan amount 
for loans less than $13,468. The Bureau is amending comment 
43(e)(3)(ii)-1, which lists the adjustments for each year, to reflect 
the new dollar threshold amounts for 2019.

III. Procedural Requirements

A. Administrative Procedure Act

    Under the Administrative Procedure Act, notice and opportunity for 
public comment are not required if the Bureau finds that notice and 
public comment are impracticable, unnecessary, or contrary to the 
public interest. 5 U.S.C. 553(b)(B). Pursuant to this final rule, in 
Regulation Z, Sec.  1026.52(b)(1)(ii)(A) and (B) in subpart G is 
amended and comments 32(a)(1)(ii)-1.v and -3.v, 43(e)(3)(ii)-1.v, and 
52(b)(1)(ii)-2.i.F in Supplement I are added to update the exemption 
thresholds. The amendments in this final rule are technical and non-
discretionary, as they merely apply the method previously established 
in Regulation Z for determining adjustments to the thresholds. For 
these reasons, the Bureau has determined that publishing a notice of 
proposed rulemaking and providing opportunity for public comment are 
unnecessary. The amendments therefore are adopted in final form.

B. Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required, the 
Regulatory Flexibility Act does not require an initial or final 
regulatory flexibility analysis. 5 U.S.C. 603(a), 604(a).

C. Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3506; 5 CFR part 1320), the Bureau reviewed this final rule. No 
collections of information pursuant to the Paperwork Reduction Act are 
contained in the final rule.

D. Congressional Review Act

    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 United States Senate, the United States 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. 804(2).

List of Subjects in 12 CFR Part 1026

    Advertising, Consumer protection, Credit, Credit unions, Mortgages, 
National banks, Reporting and recordkeeping requirements, Savings 
associations, Truth in lending.

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
1. 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.

Subpart G--Special Rules Applicable to Credit Card Accounts and 
Open End Credit Offered to College Students

0
2. Amend Sec.  1026.52 by revising paragraphs (b)(1)(ii)(A) and (B) to 
read as follows:


Sec.  1026.52  Limitations on fees.

* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (A) $28
    (B) $39 if the card issuer previously imposed a fee pursuant to 
paragraph (b)(1)(ii)(A) of this section for a violation of the same 
type that occurred during the same billing cycle or one of the next six 
billing cycles; or
* * * * *

0
3. In Supplement I to Part 1026:
0
a. Under Section 1026.32--Requirements for High-Cost Mortgages, 
Paragraph 32(a)(1)(ii) is revised.
0
b. Under Section 1026.43--Minimum Standards for Transactions Secured by 
a Dwelling, Paragraph 43(e)(3)(ii) is revised.
0
c. Under Section 1026.52--Limitations on Fees, 52(b)(1)(ii) Safe 
harbors is revised.
    The revisions read as follows:

SUPPLEMENT I TO PART 1026--OFFICIAL INTERPRETATIONS

* * * * *

Section 1026.32--Requirements for High-Cost Mortgages

* * * * *
    Paragraph 32(a)(1)(ii).
    1. Annual adjustment of $1,000 amount. The $1,000 figure in 
Sec.  1026.32(a)(1)(ii)(B) is adjusted annually on January 1 by the 
annual percentage change in the CPI that was in effect on the 
preceding June 1. The Bureau will publish adjustments after the June 
figures become available each year.
    i. For 2015, $1,020, reflecting a 2 percent increase in the CPI-
U from June 2013 to June 2014, rounded to the nearest whole dollar.
    ii. For 2016, $1,017, reflecting a .2 percent decrease in the 
CPI-U from June 2014 to June 2015, rounded to the nearest whole 
dollar.
    iii. For 2017, $1,029, reflecting a 1.1 percent increase in the 
CPI-U from June 2015 to June 2016, rounded to the nearest whole 
dollar.
    iv. For 2018, $1,052, reflecting a 2.2 percent increase in the 
CPI-U from June 2016 to June 2017, rounded to the nearest whole 
dollar.
    v. For 2019, $1,077, reflecting a 2.5 percent increase in the 
CPI-U from June 2017 to June 2018, rounded to the nearest whole 
dollar.
    2. Historical adjustment of $400 amount. Prior to January 10, 
2014, a mortgage loan was covered by Sec.  1026.32 if the total 
points and fees payable by the consumer at or before loan 
consummation exceeded the greater of $400 or 8 percent of the total 
loan amount. The $400 figure was adjusted annually on January 1 by 
the annual percentage change in the CPI that was in effect on the 
preceding June 1, as follows:
    i. For 1996, $412, reflecting a 3.00 percent increase in the 
CPI-U from June 1994 to June 1995, rounded to the nearest whole 
dollar.
    ii. For 1997, $424, reflecting a 2.9 percent increase in the 
CPI-U from June 1995 to June 1996, rounded to the nearest whole 
dollar.
    iii. For 1998, $435, reflecting a 2.5 percent increase in the 
CPI-U from June 1996 to June 1997, rounded to the nearest whole 
dollar.

[[Page 43506]]

    iv. For 1999, $441, reflecting a 1.4 percent increase in the 
CPI-U from June 1997 to June 1998, rounded to the nearest whole 
dollar.
    v. For 2000, $451, reflecting a 2.3 percent increase in the CPI-
U from June 1998 to June 1999, rounded to the nearest whole dollar.
    vi. For 2001, $465, reflecting a 3.1 percent increase in the 
CPI-U from June 1999 to June 2000, rounded to the nearest whole 
dollar.
    vii. For 2002, $480, reflecting a 3.27 percent increase in the 
CPI-U from June 2000 to June 2001, rounded to the nearest whole 
dollar.
    viii. For 2003, $488, reflecting a 1.64 percent increase in the 
CPI-U from June 2001 to June 2002, rounded to the nearest whole 
dollar.
    ix. For 2004, $499, reflecting a 2.22 percent increase in the 
CPI-U from June 2002 to June 2003, rounded to the nearest whole 
dollar.
    x. For 2005, $510, reflecting a 2.29 percent increase in the 
CPI-U from June 2003 to June 2004, rounded to the nearest whole 
dollar.
    xi. For 2006, $528, reflecting a 3.51 percent increase in the 
CPI-U from June 2004 to June 2005, rounded to the nearest whole 
dollar.
    xii. For 2007, $547, reflecting a 3.55 percent increase in the 
CPI-U from June 2005 to June 2006, rounded to the nearest whole 
dollar.
    xiii. For 2008, $561, reflecting a 2.56 percent increase in the 
CPI-U from June 2006 to June 2007, rounded to the nearest whole 
dollar.
    xiv. For 2009, $583, reflecting a 3.94 percent increase in the 
CPI-U from June 2007 to June 2008, rounded to the nearest whole 
dollar.
    xv. For 2010, $579, reflecting a 0.74 percent decrease in the 
CPI-U from June 2008 to June 2009, rounded to the nearest whole 
dollar.
    xvi. For 2011, $592, reflecting a 2.2 percent increase in the 
CPI-U from June 2009 to June 2010, rounded to the nearest whole 
dollar.
    xvii. For 2012, $611, reflecting a 3.2 percent increase in the 
CPI-U from June 2010 to June 2011, rounded to the nearest whole 
dollar.
    xviii. For 2013, $625, reflecting a 2.3 percent increase in the 
CPI-U from June 2011 to June 2012, rounded to the nearest whole 
dollar.
    xix. For 2014, $632, reflecting a 1.1 percent increase in the 
CPI-U from June 2012 to June 2013, rounded to the nearest whole 
dollar.
    3. Applicable threshold. For purposes of Sec.  
1026.32(a)(1)(ii), a creditor must determine the applicable points 
and fees threshold based on the face amount of the note (or, in the 
case of an open-end credit plan, the credit limit for the plan when 
the account is opened). However, the creditor must apply the 
allowable points and fees percentage to the ``total loan amount,'' 
as defined in Sec.  1026.32(b)(4). For closed-end credit 
transactions, the total loan amount may be different than the face 
amount of the note. The $20,000 amount in Sec.  1026.32(a)(1)(ii)(A) 
and (B) is adjusted annually on January 1 by the annual percentage 
change in the CPI that was in effect on the preceding June 1.
    i. For 2015, $20,391, reflecting a 2 percent increase in the 
CPI-U from June 2013 to June 2014, rounded to the nearest whole 
dollar.
    ii. For 2016, $20,350, reflecting a .2 percent decrease in the 
CPI-U from June 2014 to June 2015, rounded to the nearest whole 
dollar.
    iii. For 2017, $20,579, reflecting a 1.1 percent increase in the 
CPI-U from June 2015 to June 2016, rounded to the nearest whole 
dollar.
    iv. For 2018, $21,032, reflecting a 2.2 percent increase in the 
CPI-U from June 2016 to June 2017, rounded to the nearest whole 
dollar.
    v. For 2019, $21,549, reflecting a 2.5 percent increase in the 
CPI-U from June 2017 to June 2018, rounded to the nearest whole 
dollar.
* * * * *

Section 1026.43--Minimum Standards for Transactions Secured by a 
Dwelling

* * * * *
    Paragraph 43(e)(3)(ii).
    1. Annual adjustment for inflation. The dollar amounts, 
including the loan amounts, in Sec.  1026.43(e)(3)(i) will be 
adjusted annually on January 1 by the annual percentage change in 
the CPI-U that was in effect on the preceding June 1. The Bureau 
will publish adjustments after the June figures become available 
each year.
    i. For 2015, reflecting a 2 percent increase in the CPI-U that 
was reported on the preceding June 1, a covered transaction is not a 
qualified mortgage unless the transactions total points and fees do 
not exceed;
    A. For a loan amount greater than or equal to $101,953: 3 
percent of the total loan amount;
    B. For a loan amount greater than or equal to $61,172 but less 
than $101,953: $3,059;
    C. For a loan amount greater than or equal to $20,391 but less 
than $61,172: 5 percent of the total loan amount;
    D. For a loan amount greater than or equal to $12,744 but less 
than $20,391; $1,020;
    E. For a loan amount less than $12,744: 8 percent of the total 
loan amount.
    ii. For 2016, reflecting a .2 percent decrease in the CPI-U that 
was reported on the preceding June 1, a covered transaction is not a 
qualified mortgage unless the transactions total points and fees do 
not exceed;
    A. For a loan amount greater than or equal to $101,749: 3 
percent of the total loan amount;
    B. For a loan amount greater than or equal to $61,050 but less 
than $101,749: $3,052;
    C. For a loan amount greater than or equal to $20,350 but less 
than $61,050: 5 percent of the total loan amount;
    D. For a loan amount greater than or equal to $12,719 but less 
than $20,350; $1,017;
    E. For a loan amount less than $12,719: 8 percent of the total 
loan amount.
    iii. For 2017, reflecting a 1.1 percent increase in the CPI-U 
that was reported on the preceding June 1, a covered transaction is 
not a qualified mortgage unless the transactions total points and 
fees do not exceed:
    A. For a loan amount greater than or equal to $102,894: 3 
percent of the total loan amount;
    B. For a loan amount greater than or equal to $61,737 but less 
than $102,894: $3,087;
    C. For a loan amount greater than or equal to $20,579 but less 
than $61,737: 5 percent of the total loan amount;
    D. For a loan amount greater than or equal to $12,862 but less 
than $20,579: $1,029;
    E. For a loan amount less than $12,862: 8 percent of the total 
loan amount.
    iv. For 2018, reflecting a 2.2 percent increase in the CPI-U 
that was reported on the preceding June 1, a covered transaction is 
not a qualified mortgage unless the transaction's total points and 
fees do not exceed:
    A. For a loan amount greater than or equal to $105,158: 3 
percent of the total loan amount;
    B. For a loan amount greater than or equal to $63,095 but less 
than $105,158: $3,155;
    C. For a loan amount greater than or equal to $21,032 but less 
than $63,095: 5 percent of the total loan amount;
    D. For a loan amount greater than or equal to $13,145 but less 
than $21,032: $1,052;
    E. For a loan amount less than $13,145: 8 percent of the total 
loan amount.
    v. For 2019, reflecting a 2.5 percent increase in the CPI-U that 
was reported on the preceding June 1, a covered transaction is not a 
qualified mortgage unless the transaction's total points and fees do 
not exceed:
    A. For a loan amount greater than or equal to $107,747: 3 
percent of the total loan amount;
    B. For a loan amount greater than or equal to $64,648 but less 
than $107,747: $3,232;
    C. For a loan amount greater than or equal to $21,549 but less 
than $64,648: 5 percent of the total loan amount;
    D. For a loan amount greater than or equal to $13,468 but less 
than $21,549: $1,077;
    E. For a loan amount less than $13,468: 8 percent of the total 
loan amount.
* * * * *

Section 1026.52--Limitations on Fees

* * * * *
    52(b)(1)(ii) Safe harbors
    1. Multiple violations of same type. i. Same billing cycle or 
next six billing cycles. A card issuer cannot impose a fee for a 
violation pursuant to Sec.  1026.52(b)(1)(ii)(B) unless a fee has 
previously been imposed for the same type of violation pursuant to 
Sec.  1026.52(b)(1)(ii)(A). Once a fee has been imposed for a 
violation pursuant to Sec.  1026.52(b)(1)(ii)(A), the card issuer 
may impose a fee pursuant to Sec.  1026.52(b)(1)(ii)(B) for any 
subsequent violation of the same type until that type of violation 
has not occurred for a period of six consecutive complete billing 
cycles. A fee has been imposed for purposes of Sec.  
1026.52(b)(1)(ii) even if the card issuer waives or rebates all or 
part of the fee.
    A. Late payments. For purposes of Sec.  1026.52(b)(1)(ii), a 
late payment occurs during the billing cycle in which the payment 
may first be treated as late consistent with the requirements of 
this part and the terms or other requirements of the account.
    B. Returned payments. For purposes of Sec.  1026.52(b)(1)(ii), a 
returned payment occurs during the billing cycle in which the 
payment is returned to the card issuer.
    C. Transactions that exceed the credit limit. For purposes of 
Sec.  1026.52(b)(1)(ii), a transaction that exceeds the credit limit 
for

[[Page 43507]]

an account occurs during the billing cycle in which the transaction 
occurs or is authorized by the card issuer.
    D. Declined access checks. For purposes of Sec.  
1026.52(b)(1)(ii), a check that accesses a credit card account is 
declined during the billing cycle in which the card issuer declines 
payment on the check.
    ii. Relationship to Sec. Sec.  1026.52(b)(2)(ii) and 
1026.56(j)(1). If multiple violations are based on the same event or 
transaction such that Sec.  1026.52(b)(2)(ii) prohibits the card 
issuer from imposing more than one fee, the event or transaction 
constitutes a single violation for purposes of Sec.  
1026.52(b)(1)(ii). Furthermore, consistent with Sec.  
1026.56(j)(1)(i), no more than one violation for exceeding an 
account's credit limit can occur during a single billing cycle for 
purposes of Sec.  1026.52(b)(1)(ii). However, Sec.  
1026.52(b)(2)(ii) does not prohibit a card issuer from imposing fees 
for exceeding the credit limit in consecutive billing cycles based 
on the same over-the-limit transaction to the extent permitted by 
Sec.  1026.56(j)(1). In these circumstances, the second and third 
over-the-limit fees permitted by Sec.  1026.56(j)(1) may be imposed 
pursuant to Sec.  1026.52(b)(1)(ii)(B). See comment 52(b)(2)(ii)-1.
    iii. Examples. The following examples illustrate the application 
of Sec.  1026.52(b)(1)(ii)(A) and (b)(1)(ii)(B) with respect to 
credit card accounts under an open-end (not home-secured) consumer 
credit plan that are not charge card accounts. For purposes of these 
examples, assume that the billing cycles for the account begin on 
the first day of the month and end on the last day of the month and 
that the payment due date for the account is the twenty-fifth day of 
the month.
    A. Violations of same type (late payments). A required minimum 
periodic payment of $50 is due on March 25. On March 26, a late 
payment has occurred because no payment has been received. 
Accordingly, consistent with Sec.  1026.52(b)(1)(ii)(A), the card 
issuer imposes a $25 late payment fee on March 26. In order for the 
card issuer to impose a $35 late payment fee pursuant to Sec.  
1026.52(b)(1)(ii)(B), a second late payment must occur during the 
April, May, June, July, August, or September billing cycles.
    1. The card issuer does not receive any payment during the March 
billing cycle. A required minimum periodic payment of $100 is due on 
April 25. On April 20, the card issuer receives a $50 payment. No 
further payment is received during the April billing cycle. 
Accordingly, consistent with Sec.  1026.52(b)(1)(ii)(B), the card 
issuer may impose a $35 late payment fee on April 26. Furthermore, 
the card issuer may impose a $35 late payment fee for any late 
payment that occurs during the May, June, July, August, September, 
or October billing cycles.
    2. Same facts as in paragraph A above. On March 30, the card 
issuer receives a $50 payment and the required minimum periodic 
payments for the April, May, June, July, August, and September 
billing cycles are received on or before the payment due date. A 
required minimum periodic payment of $60 is due on October 25. On 
October 26, a late payment has occurred because the required minimum 
periodic payment due on October 25 has not been received. However, 
because this late payment did not occur during the six billing 
cycles following the March billing cycle, Sec.  1026.52(b)(1)(ii) 
only permits the card issuer to impose a late payment fee of $25.
    B. Violations of different types (late payment and over the 
credit limit). The credit limit for an account is $1,000. Consistent 
with Sec.  1026.56, the consumer has affirmatively consented to the 
payment of transactions that exceed the credit limit. A required 
minimum periodic payment of $30 is due on August 25. On August 26, a 
late payment has occurred because no payment has been received. 
Accordingly, consistent with Sec.  1026.52(b)(1)(ii)(A), the card 
issuer imposes a $25 late payment fee on August 26. On August 30, 
the card issuer receives a $30 payment. On September 10, a 
transaction causes the account balance to increase to $1,150, which 
exceeds the account's $1,000 credit limit. On September 11, a second 
transaction increases the account balance to $1,350. On September 
23, the card issuer receives the $50 required minimum periodic 
payment due on September 25, which reduces the account balance to 
$1,300. On September 30, the card issuer imposes a $25 over-the-
limit fee, consistent with Sec.  1026.52(b)(1)(ii)(A). On October 
26, a late payment has occurred because the $60 required minimum 
periodic payment due on October 25 has not been received. 
Accordingly, consistent with Sec.  1026.52(b)(1)(ii)(B), the card 
issuer imposes a $35 late payment fee on October 26.
    C. Violations of different types (late payment and returned 
payment). A required minimum periodic payment of $50 is due on July 
25. On July 26, a late payment has occurred because no payment has 
been received. Accordingly, consistent with Sec.  
1026.52(b)(1)(ii)(A), the card issuer imposes a $25 late payment fee 
on July 26. On July 30, the card issuer receives a $50 payment. A 
required minimum periodic payment of $50 is due on August 25. On 
August 24, a $50 payment is received. On August 27, the $50 payment 
is returned to the card issuer for insufficient funds. In these 
circumstances, Sec.  1026.52(b)(2)(ii) permits the card issuer to 
impose either a late payment fee or a returned payment fee but not 
both because the late payment and the returned payment result from 
the same event or transaction. Accordingly, for purposes of Sec.  
1026.52(b)(1)(ii), the event or transaction constitutes a single 
violation. However, if the card issuer imposes a late payment fee, 
Sec.  1026.52(b)(1)(ii)(B) permits the issuer to impose a fee of $35 
because the late payment occurred during the six billing cycles 
following the July billing cycle. In contrast, if the card issuer 
imposes a returned payment fee, the amount of the fee may be no more 
than $25 pursuant to Sec.  1026.52(b)(1)(ii)(A).
    2. Adjustments based on Consumer Price Index. For purposes of 
Sec.  1026.52(b)(1)(ii)(A) and (b)(1)(ii)(B), the Bureau shall 
calculate each year price level adjusted amounts using the Consumer 
Price Index in effect on June 1 of that year. When the cumulative 
change in the adjusted minimum value derived from applying the 
annual Consumer Price level to the current amounts in Sec.  
1026.52(b)(1)(ii)(A) and (b)(1)(ii)(B) has risen by a whole dollar, 
those amounts will be increased by $1.00. Similarly, when the 
cumulative change in the adjusted minimum value derived from 
applying the annual Consumer Price level to the current amounts in 
Sec.  1026.52(b)(1)(ii)(A) and (b)(1)(ii)(B) has decreased by a 
whole dollar, those amounts will be decreased by $1.00. The Bureau 
will publish adjustments to the amounts in Sec.  
1026.52(b)(1)(ii)(A) and (b)(1)(ii)(B).
    i. Historical thresholds.
    A. Card issuers were permitted to impose a fee for violating the 
terms of an agreement if the fee did not exceed $25 under Sec.  
1026.52(b)(1)(ii)(A) and $35 under Sec.  1026.52(b)(1)(ii)(B), 
through December 31, 2013.
    B. Card issuers were permitted to impose a fee for violating the 
terms of an agreement if the fee did not exceed $26 under Sec.  
1026.52(b)(1)(ii)(A) and $37 under Sec.  1026.52(b)(1)(ii)(B), 
through December 31, 2014.
    C. Card issuers were permitted to impose a fee for violating the 
terms of an agreement if the fee did not exceed $27 under Sec.  
1026.52(b)(1)(ii)(A) and $38 under Sec.  1026.52(b)(1)(ii)(B), 
through December 31, 2015.
    D. Card issuers were permitted to impose a fee for violating the 
terms of an agreement if the fee did not exceed $27 under Sec.  
1026.52(b)(1)(ii)(A), through December 31, 2016. Card issuers were 
permitted to impose a fee for violating the terms of an agreement if 
the fee did not exceed $37 under Sec.  1026.52(b)(1)(ii)(B), through 
June 26, 2016, and $38 under Sec.  1026.52(b)(1)(ii)(B) from June 
27, 2016 through December 31, 2016.
    E. Card issuers were permitted to impose a fee for violating the 
terms of an agreement if the fee did not exceed $27 under Sec.  
1026.52(b)(1)(ii)(A) and $38 under Sec.  1026.52(b)(1)(ii)(B), 
through December 31, 2017.
    F. Card issuers were permitted to impose a fee for violating the 
terms of an agreement if the fee did not exceed $27 under Sec.  
1026.52(b)(1)(ii)(A) and $38 under Sec.  1026.52(b)(1)(ii)(B), 
through December 31, 2018.
    3. Delinquent balance for charge card accounts. Section 
1026.52(b)(1)(ii)(C) provides that, when a charge card issuer that 
requires payment of outstanding balances in full at the end of each 
billing cycle has not received the required payment for two or more 
consecutive billing cycles, the card issuer may impose a late 
payment fee that does not exceed three percent of the delinquent 
balance. For purposes of Sec.  1026.52(b)(1)(ii)(C), the delinquent 
balance is any previously billed amount that remains unpaid at the 
time the late payment fee is imposed pursuant to Sec.  
1026.52(b)(1)(ii)(C). Consistent with Sec.  1026.52(b)(2)(ii), a 
charge card issuer that imposes a fee pursuant to Sec.  
1026.52(b)(1)(ii)(C) with respect to a late payment may not impose a 
fee pursuant to Sec.  1026.52(b)(1)(ii)(B) with respect to the same 
late payment. The following examples illustrate the application of 
Sec.  1026.52(b)(1)(ii)(C):
    i. Assume that a charge card issuer requires payment of 
outstanding balances in full at

[[Page 43508]]

the end of each billing cycle and that the billing cycles for the 
account begin on the first day of the month and end on the last day 
of the month. At the end of the June billing cycle, the account has 
a balance of $1,000. On July 5, the card issuer provides a periodic 
statement disclosing the $1,000 balance consistent with Sec.  
1026.7. During the July billing cycle, the account is used for $300 
in transactions, increasing the balance to $1,300. At the end of the 
July billing cycle, no payment has been received and the card issuer 
imposes a $25 late payment fee consistent with Sec.  
1026.52(b)(1)(ii)(A). On August 5, the card issuer provides a 
periodic statement disclosing the $1,325 balance consistent with 
Sec.  1026.7. During the August billing cycle, the account is used 
for $200 in transactions, increasing the balance to $1,525. At the 
end of the August billing cycle, no payment has been received. 
Consistent with Sec.  1026.52(b)(1)(ii)(C), the card issuer may 
impose a late payment fee of $40, which is 3% of the $1,325 balance 
that was due at the end of the August billing cycle. Section 
1026.52(b)(1)(ii)(C) does not permit the card issuer to include the 
$200 in transactions that occurred during the August billing cycle.
    ii. Same facts as above except that, on August 25, a $100 
payment is received. Consistent with Sec.  1026.52(b)(1)(ii)(C), the 
card issuer may impose a late payment fee of $37, which is 3% of the 
unpaid portion of the $1,325 balance that was due at the end of the 
August billing cycle ($1,225).
    iii. Same facts as in paragraph A above except that, on August 
25, a $200 payment is received. Consistent with Sec.  
1026.52(b)(1)(ii)(C), the card issuer may impose a late payment fee 
of $34, which is 3% of the unpaid portion of the $1,325 balance that 
was due at the end of the August billing cycle ($1,125). In the 
alternative, the card issuer may impose a late payment fee of $35 
consistent with Sec.  1026.52(b)(1)(ii)(B). However, Sec.  
1026.52(b)(2)(ii) prohibits the card issuer from imposing both fees.
* * * * *

    Dated: August 16, 2018.
Mick Mulvaney,
Acting Director, Bureau of Consumer Financial Protection.
[FR Doc. 2018-18209 Filed 8-24-18; 8:45 am]
 BILLING CODE 4810-AM-P



                                                             Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Rules and Regulations                                             43503

                                           persons were invited to attend the                      List of Subjects in 7 CFR Part 948                    DATES: This final rule is effective
                                           meetings and participate in Committee                     Marketing agreements, Potatoes,                     January 1, 2019.
                                           deliberations on all issues. Like all                   Reporting and recordkeeping                           FOR FURTHER INFORMATION CONTACT:
                                           Committee meetings, the March 15,                       requirements.                                         Monique Chenault, Paralegal, and
                                           2018, meeting was a public meeting and                                                                        Shelley Thompson, Counsel, Office of
                                                                                                     For the reasons set forth in the
                                           all entities, both large and small, were                                                                      Regulations, at (202) 435–7700. If you
                                                                                                   preamble, 7 CFR part 948 is amended as
                                           able to express views on this issue.                                                                          require this document in an alternative
                                                                                                   follows:
                                              In accordance with the Paperwork                                                                           electronic format, please contact CFPB_
                                           Reduction Act of 1995 (44 U.S.C.                        PART 948—IRISH POTATOES GROWN                         Accessibility@cfpb.gov.
                                           Chapter 35), the Order’s information                    IN COLORADO                                           SUPPLEMENTARY INFORMATION: The
                                           collection requirements have been                                                                             Bureau is amending the regulation text
                                           previously approved by the OMB and                      ■ 1. The authority citation for 7 CFR                 and official interpretations for
                                           assigned OMB No. 0581–0178,                             part 948 continues to read as follows:                Regulation Z, which implements TILA,
                                           Vegetable and Specialty Crops. No                           Authority: 7 U.S.C. 601–674.                      to update the dollar amounts of various
                                           changes in those requirements are                                                                             thresholds that are adjusted annually
                                           necessary as a result of this action.                   ■ 2. Section 948.216 is revised to read
                                                                                                   as follows:                                           based on the annual percentage change
                                           Should any changes become necessary,                                                                          in the CPI as published by the Bureau
                                           they would be submitted to OMB for                      § 948.216    Assessment rate.                         of Labor Statistics (BLS). Specifically,
                                           approval.                                                                                                     for open-end consumer credit plans
                                                                                                     On and after September 1, 2018, an
                                              This rule imposes no additional                      assessment rate of $0.006 per                         under TILA, the threshold that triggers
                                           reporting or recordkeeping requirements                 hundredweight is established for                      requirements to disclose minimum
                                           on either small or large Colorado potato                Colorado Area No. 2 potatoes.                         interest charges will remain unchanged
                                           handlers. As with all Federal marketing                                                                       at $1.00 in 2019. For open-end
                                           order programs, reports and forms are                     Dated: August 22, 2018
                                                                                                                                                         consumer credit plans under the CARD
                                           periodically reviewed to reduce                         Bruce Summers,
                                                                                                                                                         Act amendments to TILA, the adjusted
                                           information requirements and                            Administrator, Agricultural Marketing                 dollar amount in 2019 for the safe
                                           duplication by industry and public                      Service.
                                                                                                                                                         harbor for a first violation penalty fee
                                           sector agencies. As mentioned in the                    [FR Doc. 2018–18560 Filed 8–24–18; 8:45 am]           will increase by $1 to $28 and the
                                           initial regulatory flexibility analysis,                BILLING CODE 3410–02–P                                adjusted dollar amount for the safe
                                           USDA has not identified any relevant                                                                          harbor for a subsequent violation
                                           Federal rules that duplicate, overlap, or                                                                     penalty fee will increase by $1 to $39.
                                           conflict with this final rule.                          BUREAU OF CONSUMER FINANCIAL                          For HOEPA loans, the adjusted total
                                              AMS is committed to complying with                   PROTECTION                                            loan amount threshold for high-cost
                                           the E-Government Act, to promote the                                                                          mortgages in 2019 will be $21,549. The
                                           use of the internet and other                           12 CFR Part 1026                                      adjusted points-and-fees dollar trigger
                                           information technologies to provide                                                                           for high-cost mortgages in 2019 will be
                                           increased opportunities for citizen                     Truth in Lending (Regulation Z) Annual
                                                                                                                                                         $1,077. For qualified mortgages, which
                                           access to Government information and                    Threshold Adjustments (Credit Cards,
                                                                                                                                                         receive certain protections from liability
                                           services, and for other purposes.                       HOEPA, and Qualified Mortgages)
                                                                                                                                                         under the ability-to-repay rule, the
                                              A proposed rule concerning this                      AGENCY:  Bureau of Consumer Financial                 maximum thresholds for total points
                                           action was published in the Federal                     Protection.                                           and fees in 2019 will be 3 percent of the
                                           Register on May 24, 2018 (83 FR 24045).                 ACTION: Final rule; official                          total loan amount for a loan greater than
                                           A copy of the proposed rule was                         interpretation.                                       or equal to $107,747; $3,232 for a loan
                                           provided to the handlers by the                                                                               amount greater than or equal to $64,648
                                           Committee. Finally, the proposal was                    SUMMARY: The Bureau of Consumer                       but less than $107,747; 5 percent of the
                                           made available through the internet by                  Financial Protection (Bureau) is issuing              total loan amount for a loan greater than
                                           USDA and the Office of the Federal                      this final rule amending the regulation               or equal to $21,549 but less than
                                           Register. A 30-day comment period                       text and official interpretations for                 $64,648; $1,077 for a loan amount
                                           ending June 25, 2018, was provided for                  Regulation Z, which implements the                    greater than or equal to $13,468 but less
                                           interested persons to respond to the                    Truth in Lending Act (TILA). The                      than $21,549; and 8 percent of the total
                                           proposal. No comments were received.                    Bureau is required to calculate annually              loan amount for a loan amount less than
                                              A small business guide on complying                  the dollar amounts for several                        $13,468.
                                           with fruit, vegetable, and specialty crop               provisions in Regulation Z; this final
                                           marketing agreements and orders may                     rule revises, as applicable, the dollar               I. Background
                                           be viewed at: http://www.ams.usda.gov/                  amounts for provisions implementing                   A. Credit Card Annual Adjustments
                                           rules-regulations/moa/small-businesses.                 TILA and amendments to TILA,
                                           Any questions about the compliance                      including under the Credit Card                       Minimum Interest Charge Disclosure
                                           guide should be sent to Richard Lower                   Accountability Responsibility and                     Thresholds
                                           at the previously mentioned address in                  Disclosure Act of 2009 (CARD Act), the                  Sections 1026.6(b)(2)(iii) and
                                           the FOR FURTHER INFORMATION CONTACT                     Home Ownership and Equity Protection                  1026.60(b)(3) of Regulation Z implement
                                           section.                                                Act of 1994 (HOEPA), and the Dodd-                    sections 127(a)(3) and 127(c)(1)(A)(ii)(II)
                                              After consideration of all relevant                  Frank Wall Street Reform and Consumer                 of TILA. Sections 1026.6(b)(2)(iii) and
amozie on DSK3GDR082PROD with RULES




                                           material presented, including the                       Protection Act (Dodd-Frank Act). The                  1026.60(b)(3) require the disclosure of
                                           information and recommendation                          Bureau is adjusting these amounts,                    any minimum interest charge exceeding
                                           submitted by the Committee and other                    where appropriate, based on the annual                $1.00 that could be imposed during a
                                           available information, it is hereby found               percentage change reflected in the                    billing cycle and provide that, for open-
                                           that this rule will tend to effectuate the              Consumer Price Index (CPI) in effect on               end consumer credit plans, the
                                           declared policy of the Act.                             June 1, 2018.                                         minimum interest charge thresholds


                                      VerDate Sep<11>2014   16:25 Aug 24, 2018   Jkt 244001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\27AUR1.SGM   27AUR1


                                           43504             Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Rules and Regulations

                                           will be re-calculated annually using the                2018, and reflects the percentage change              consumer credit transaction secured by
                                           CPI that was in effect on the preceding                 from April 2017 to April 2018. The                    a dwelling and establishes certain
                                           June 1; the Bureau uses the Consumer                    adjustment to the permissible fee                     protections from liability under this
                                           Price Index for Urban Wage Earners and                  thresholds being adopted here reflects a              requirement for qualified mortgages.
                                           Clerical Workers (CPI–W) for this                       2.6 percent increase in the CPI–W from                Under § 1026.43(e)(3)(i), a covered
                                           adjustment. When the cumulative                         April 2017 to April 2018 and is rounded               transaction is not a qualified mortgage if
                                           change in the adjusted minimum value                    to the nearest $1 increment.                          the transaction’s total points and fees
                                           derived from applying the annual CPI–                                                                         exceed: 3 percent of the total loan
                                           W level to the current amounts in                       B. HOEPA Annual Threshold                             amount for a loan amount greater than
                                           §§ 1026.6(b)(2)(iii) and 1026.60(b)(3) has              Adjustments                                           or equal to $100,000; $3,000 for a loan
                                           risen by a whole dollar, the minimum                       Section 1026.32(a)(1)(ii) of Regulation            amount greater than or equal to $60,000
                                           interest charge amounts set forth in the                Z implements section 1431 of the Dodd-                but less than $100,000; 5 percent of the
                                           regulation will be increased by $1.00.                  Frank Act,2 which amended the HOEPA                   total loan amount for loans greater than
                                           The BLS publishes consumer-based                        points-and-fees coverage test. Under                  or equal to $20,000 but less than
                                           indices monthly but does not report a                   § 1026.32(a)(1)(ii)(A) and (B), when                  $60,000; $1,000 for a loan amount
                                           CPI change on June 1; adjustments are                   determining whether a transaction is a                greater than or equal to $12,500 but less
                                           reported in the middle of the month.                    high-cost mortgage, the determination of              than $20,000; or 8 percent of the total
                                           This adjustment analysis is based on the                the applicable points-and-fees coverage               loan amount for loans less than $12,500.
                                           CPI–W index in effect on June 1, 2018,                  test depends on whether the total loan                Section 1026.43(e)(3)(ii) provides that
                                           which was reported by BLS on May 10,                    amount is for $20,000 or more, or for                 the limits and loan amounts in
                                           2018, and reflects the percentage change                less than $20,000. Section                            § 1026.43(e)(3)(i) are recalculated
                                           from April 2017 to April 2018. The CPI–                 1026.32(a)(1)(ii) provides that this                  annually for inflation using the CPI–U
                                           W is a subset of the Consumer Price                     threshold amount be recalculated                      index in effect on June 1. The 2019
                                           Index for All Urban Consumers (CPI–U)                   annually using the CPI index in effect                adjustment is based on the CPI–U index
                                           index and represents approximately 29                   on June 1; the Bureau uses the CPI–U for              in effect on June 1, 2018, which was
                                           percent of the U.S. population. The                     this adjustment. The CPI–U is based on                reported by BLS on May 10, 2018, and
                                           adjustment analysis accounts for a 2.6                  all urban consumers and represents                    reflects the percentage change from
                                           percent increase in the CPI–W from                      approximately 93 percent of the U.S.                  April 2017 to April 2018. The
                                           April 2017 to April 2018. This increase                 population. The 2019 adjustment is                    adjustment to the 2018 figures being
                                           in the CPI–W when applied to the                        based on the CPI–U index in effect on                 adopted here reflects a 2.5 percent
                                           current amounts in §§ 1026.6(b)(2)(iii)                 June 1, which was reported by BLS on                  increase in the CPI–U index for this
                                           and 1026.60(b)(3) did not trigger an                    May 10, 2018, and reflects the                        period and is rounded to whole dollars
                                           increase in the minimum interest charge                 percentage change from April 2017 to                  for ease of compliance.
                                           threshold of at least $1.00, and the                    April 2018. The adjustment to the
                                                                                                                                                         II. Adjustment and Commentary
                                           Bureau is therefore not amending                        $20,000 figure being adopted here
                                                                                                                                                         Revision
                                           §§ 1026.6(b)(2)(iii) and 1026.60(b)(3).                 reflects a 2.5 percent increase in the
                                                                                                   CPI–U index for this period and is                    A. Credit Card Annual Adjustments
                                           Safe Harbor Penalty Fees
                                                                                                   rounded to whole dollars for ease of                  Minimum Interest Charge Disclosure
                                             Section 1026.52(b)(1)(ii)(A) and (B) of               compliance.
                                           Regulation Z implements section 149(e)                                                                        Thresholds—§§ 1026.6(b)(2)(iii) and
                                                                                                      Under § 1026.32(a)(1)(ii)(B) the
                                           of TILA, established by the CARD Act.1                                                                        1026.60(b)(3)
                                                                                                   HOEPA points-and-fees dollar trigger is
                                           Section 1026.52(b)(1)(ii)(D) provides                   $1,000. Section 1026.32(a)(1)(ii)(B)                    The minimum interest charge
                                           that the safe harbor provision, which                   provides that this threshold amount will              amounts for §§ 1026.6(b)(2)(iii) and
                                           establishes the permissible penalty fee                 be recalculated annually using the CPI                1026.60(b)(3) will remain unchanged at
                                           thresholds in § 1026.52(b)(1)(ii)(A) and                index in effect on June 1; the Bureau                 $1.00 for the year 2019. Accordingly,
                                           (B), will be re-calculated annually using               uses the CPI–U for this adjustment. The               the Bureau is not amending these
                                           the CPI that was in effect on the                       2019 adjustment is based on the CPI–U                 sections of Regulation Z.
                                           preceding June 1; the Bureau uses the                   index in effect on June 1, 2018, which                Safe Harbor Penalty Fees—
                                           CPI–W for this adjustment. When the                     was reported by BLS on May 10, 2018,                  § 1026.52(b)(1)(ii)(A) and (B)
                                           cumulative change in the adjusted value                 and reflects the percentage change from
                                           derived from applying the annual CPI–                   April 2017 to April 2018. The                           Effective January 1, 2019, the
                                           W level to the current amounts in                       adjustment to the $1,000 figure being                 permissible fee threshold amounts
                                           § 1026.52(b)(1)(ii)(A) and (B) has risen                adopted here reflects a 2.5 percent                   increased by $1 and are $28 for
                                           by a whole dollar, those amounts will be                increase in the CPI–U index for this                  § 1026.52(b)(1)(ii)(A) and $39 for
                                           increased by $1.00. Similarly, when the                 period and is rounded to whole dollars                § 1026.52(b)(1)(ii)(B). Accordingly, the
                                           cumulative change in the adjusted value                 for ease of compliance.                               Bureau is revising § 1026.52(b)(1)(ii)(A)
                                           derived from applying the annual CPI–                                                                         and (B) to state that the fee imposed for
                                           W level to the current amounts in                       C. Qualified Mortgages Annual                         violating the terms or other
                                           § 1026.52(b)(1)(ii)(A) and (B) has                      Threshold Adjustments                                 requirements of an account shall not
                                           decreased by a whole dollar, those                        The Bureau’s Regulation Z                           exceed $28 and $39 respectively. The
                                           amounts will be decreased by $1.00. See                 implements sections 1411 and 1412 of                  Bureau is also amending comment
                                           comment 52(b)(1)(ii)–2. The 2019                        the Dodd-Frank Act, which generally                   52(b)(1)(ii)–2.i to preserve a list of the
amozie on DSK3GDR082PROD with RULES




                                           adjustment analysis is based on the CPI–                require creditors to make a reasonable,               historical thresholds for this provision.
                                           W index in effect on June 1, 2018,                      good-faith determination of a                         B. HOEPA Annual Threshold
                                           which was reported by BLS on May 10,                    consumer’s ability to repay any                       Adjustment—Comments 32(a)(1)(ii)–1
                                                                                                                                                         and –3
                                             1 Credit Card Accountability Responsibility and         2 Dodd-Frank Wall Street Reform and Consumer

                                           Disclosure Act of 2009, Public Law 111–24, 123          Protection Act, Public Law 111–203, 124 Stat. 1376      Effective January 1, 2019, for purposes
                                           Stat. 1734 (2009).                                      (2010).                                               of determining under § 1026.32(a)(1)(ii)


                                      VerDate Sep<11>2014   16:25 Aug 24, 2018   Jkt 244001   PO 00000   Frm 00004   Fmt 4700   Sfmt 4700   E:\FR\FM\27AUR1.SGM   27AUR1


                                                             Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Rules and Regulations                                              43505

                                           the points-and-fees coverage test under                 rulemaking and providing opportunity                    (A) $28
                                           HOEPA to which a transaction is                         for public comment are unnecessary.                     (B) $39 if the card issuer previously
                                           subject, the total loan amount threshold                The amendments therefore are adopted                  imposed a fee pursuant to paragraph
                                           is $21,549, and the adjusted points-and-                in final form.                                        (b)(1)(ii)(A) of this section for a violation
                                           fees dollar trigger under                                                                                     of the same type that occurred during
                                                                                                   B. Regulatory Flexibility Act
                                           § 1026.32(a)(1)(ii)(B) is $1,077. When                                                                        the same billing cycle or one of the next
                                           the total loan amount for a transaction                   Because no notice of proposed                       six billing cycles; or
                                           is $21,549 or more, and the points-and-                 rulemaking is required, the Regulatory
                                                                                                                                                         *     *      *     *     *
                                           fees amount exceeds 5 percent of the                    Flexibility Act does not require an
                                           total loan amount, the transaction is a                 initial or final regulatory flexibility               ■ 3. In Supplement I to Part 1026:
                                           high-cost mortgage. When the total loan                 analysis. 5 U.S.C. 603(a), 604(a).                    ■ a. Under Section 1026.32—
                                           amount for a transaction is less than                                                                         Requirements for High-Cost Mortgages,
                                                                                                   C. Paperwork Reduction Act
                                           $21,549, and the points-and-fees                                                                              Paragraph 32(a)(1)(ii) is revised.
                                           amount exceeds the lesser of the                          In accordance with the Paperwork                    ■ b. Under Section 1026.43—Minimum
                                           adjusted points-and-fees dollar trigger of              Reduction Act of 1995 (44 U.S.C. 3506;                Standards for Transactions Secured by
                                           $1,077 or 8 percent of the total loan                   5 CFR part 1320), the Bureau reviewed                 a Dwelling, Paragraph 43(e)(3)(ii) is
                                           amount, the transaction is a high-cost                  this final rule. No collections of                    revised.
                                           mortgage. The Bureau is amending                        information pursuant to the Paperwork                 ■ c. Under Section 1026.52—
                                           comments 32(a)(1)(ii)–1 and –3, which                   Reduction Act are contained in the final              Limitations on Fees, 52(b)(1)(ii) Safe
                                           list the adjustments for each year, to                  rule.                                                 harbors is revised.
                                           reflect for 2019 the new loan amount                    D. Congressional Review Act                             The revisions read as follows:
                                           dollar threshold and the new points-
                                           and-fees dollar trigger, respectively.                    Pursuant to the Congressional Review                SUPPLEMENT I TO PART 1026—OFFICIAL
                                                                                                   Act (5 U.S.C. 801 et seq.), the Bureau                INTERPRETATIONS
                                           C. Qualified Mortgages Annual                           will submit a report containing this rule
                                           Threshold Adjustments                                                                                         *        *   *     *      *
                                                                                                   and other required information to the
                                              Effective January 1, 2019, a covered                 United States Senate, the United States               Section 1026.32—Requirements for High-Cost
                                                                                                   House of Representatives, and the                     Mortgages
                                           transaction is not a qualified mortgage
                                           if, pursuant to § 1026.43(e)(3), the                    Comptroller General of the United                     *        *   *     *      *
                                           transaction’s total points and fees                     States prior to the rule taking effect. The              Paragraph 32(a)(1)(ii).
                                                                                                   Office of Information and Regulatory                     1. Annual adjustment of $1,000 amount.
                                           exceed 3 percent of the total loan
                                                                                                   Affairs (OIRA) has designated this rule               The $1,000 figure in § 1026.32(a)(1)(ii)(B) is
                                           amount for a loan amount greater than                                                                         adjusted annually on January 1 by the annual
                                           or equal to $107,747; $3,232 for a loan                 as not a ‘‘major rule’’ as defined by 5
                                                                                                                                                         percentage change in the CPI that was in
                                           amount greater than or equal to $64,648                 U.S.C. 804(2).                                        effect on the preceding June 1. The Bureau
                                           but less than $107,747; 5 percent of the                List of Subjects in 12 CFR Part 1026                  will publish adjustments after the June
                                           total loan amount for loans greater than                                                                      figures become available each year.
                                           or equal to $21,549 but less than                         Advertising, Consumer protection,                      i. For 2015, $1,020, reflecting a 2 percent
                                           $64,648; $1,077 for a loan amount                       Credit, Credit unions, Mortgages,                     increase in the CPI–U from June 2013 to June
                                           greater than or equal to $13,468 but less               National banks, Reporting and                         2014, rounded to the nearest whole dollar.
                                           than $21,549; or 8 percent of the total                 recordkeeping requirements, Savings                      ii. For 2016, $1,017, reflecting a .2 percent
                                                                                                   associations, Truth in lending.                       decrease in the CPI–U from June 2014 to June
                                           loan amount for loans less than $13,468.                                                                      2015, rounded to the nearest whole dollar.
                                           The Bureau is amending comment                          Authority and Issuance                                   iii. For 2017, $1,029, reflecting a 1.1
                                           43(e)(3)(ii)–1, which lists the                           For the reasons set forth in the                    percent increase in the CPI–U from June 2015
                                           adjustments for each year, to reflect the               preamble, the Bureau amends                           to June 2016, rounded to the nearest whole
                                           new dollar threshold amounts for 2019.                  Regulation Z, 12 CFR part 1026, as set
                                                                                                                                                         dollar.
                                                                                                                                                            iv. For 2018, $1,052, reflecting a 2.2
                                           III. Procedural Requirements                            forth below:                                          percent increase in the CPI–U from June 2016
                                           A. Administrative Procedure Act                                                                               to June 2017, rounded to the nearest whole
                                                                                                   PART 1026—TRUTH IN LENDING                            dollar.
                                              Under the Administrative Procedure                   (REGULATION Z)                                           v. For 2019, $1,077, reflecting a 2.5 percent
                                           Act, notice and opportunity for public                                                                        increase in the CPI–U from June 2017 to June
                                           comment are not required if the Bureau                  ■ 1. The authority citation for part 1026             2018, rounded to the nearest whole dollar.
                                           finds that notice and public comment                    continues to read as follows:                            2. Historical adjustment of $400 amount.
                                           are impracticable, unnecessary, or                        Authority: 12 U.S.C. 2601, 2603–2605,               Prior to January 10, 2014, a mortgage loan
                                           contrary to the public interest. 5 U.S.C.               2607, 2609, 2617, 3353, 5511, 5512, 5532,             was covered by § 1026.32 if the total points
                                                                                                   5581; 15 U.S.C. 1601 et seq.                          and fees payable by the consumer at or before
                                           553(b)(B). Pursuant to this final rule, in                                                                    loan consummation exceeded the greater of
                                           Regulation Z, § 1026.52(b)(1)(ii)(A) and                                                                      $400 or 8 percent of the total loan amount.
                                           (B) in subpart G is amended and                         Subpart G—Special Rules Applicable
                                                                                                   to Credit Card Accounts and Open End                  The $400 figure was adjusted annually on
                                           comments 32(a)(1)(ii)–1.v and –3.v,                                                                           January 1 by the annual percentage change in
                                           43(e)(3)(ii)–1.v, and 52(b)(1)(ii)–2.i.F in             Credit Offered to College Students                    the CPI that was in effect on the preceding
                                           Supplement I are added to update the                                                                          June 1, as follows:
                                                                                                   ■ 2. Amend § 1026.52 by revising
                                           exemption thresholds. The amendments                                                                             i. For 1996, $412, reflecting a 3.00 percent
                                                                                                   paragraphs (b)(1)(ii)(A) and (B) to read              increase in the CPI–U from June 1994 to June
                                           in this final rule are technical and non-
amozie on DSK3GDR082PROD with RULES




                                                                                                   as follows:                                           1995, rounded to the nearest whole dollar.
                                           discretionary, as they merely apply the
                                                                                                                                                            ii. For 1997, $424, reflecting a 2.9 percent
                                           method previously established in                        § 1026.52    Limitations on fees.
                                                                                                                                                         increase in the CPI–U from June 1995 to June
                                           Regulation Z for determining                            *        *   *       *       *                        1996, rounded to the nearest whole dollar.
                                           adjustments to the thresholds. For these                    (b) * * *                                            iii. For 1998, $435, reflecting a 2.5 percent
                                           reasons, the Bureau has determined that                     (1) * * *                                         increase in the CPI–U from June 1996 to June
                                           publishing a notice of proposed                             (ii) * * *                                        1997, rounded to the nearest whole dollar.



                                      VerDate Sep<11>2014   16:25 Aug 24, 2018   Jkt 244001   PO 00000   Frm 00005   Fmt 4700   Sfmt 4700   E:\FR\FM\27AUR1.SGM   27AUR1


                                           43506             Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Rules and Regulations

                                              iv. For 1999, $441, reflecting a 1.4 percent           ii. For 2016, $20,350, reflecting a .2 percent         D. For a loan amount greater than or equal
                                           increase in the CPI–U from June 1997 to June            decrease in the CPI–U from June 2014 to June          to $12,862 but less than $20,579: $1,029;
                                           1998, rounded to the nearest whole dollar.              2015, rounded to the nearest whole dollar.               E. For a loan amount less than $12,862: 8
                                              v. For 2000, $451, reflecting a 2.3 percent            iii. For 2017, $20,579, reflecting a 1.1            percent of the total loan amount.
                                           increase in the CPI–U from June 1998 to June            percent increase in the CPI–U from June 2015             iv. For 2018, reflecting a 2.2 percent
                                           1999, rounded to the nearest whole dollar.              to June 2016, rounded to the nearest whole            increase in the CPI–U that was reported on
                                              vi. For 2001, $465, reflecting a 3.1 percent         dollar.                                               the preceding June 1, a covered transaction
                                           increase in the CPI–U from June 1999 to June              iv. For 2018, $21,032, reflecting a 2.2             is not a qualified mortgage unless the
                                           2000, rounded to the nearest whole dollar.              percent increase in the CPI–U from June 2016          transaction’s total points and fees do not
                                              vii. For 2002, $480, reflecting a 3.27               to June 2017, rounded to the nearest whole            exceed:
                                           percent increase in the CPI–U from June 2000            dollar.                                                  A. For a loan amount greater than or equal
                                           to June 2001, rounded to the nearest whole                v. For 2019, $21,549, reflecting a 2.5              to $105,158: 3 percent of the total loan
                                           dollar.                                                 percent increase in the CPI–U from June 2017          amount;
                                              viii. For 2003, $488, reflecting a 1.64              to June 2018, rounded to the nearest whole               B. For a loan amount greater than or equal
                                                                                                   dollar.                                               to $63,095 but less than $105,158: $3,155;
                                           percent increase in the CPI–U from June 2001
                                           to June 2002, rounded to the nearest whole              *      *      *      *       *                           C. For a loan amount greater than or equal
                                           dollar.                                                                                                       to $21,032 but less than $63,095: 5 percent
                                                                                                   Section 1026.43—Minimum Standards for                 of the total loan amount;
                                              ix. For 2004, $499, reflecting a 2.22 percent        Transactions Secured by a Dwelling
                                           increase in the CPI–U from June 2002 to June                                                                     D. For a loan amount greater than or equal
                                           2003, rounded to the nearest whole dollar.              *      *      *      *       *                        to $13,145 but less than $21,032: $1,052;
                                                                                                      Paragraph 43(e)(3)(ii).                               E. For a loan amount less than $13,145: 8
                                              x. For 2005, $510, reflecting a 2.29 percent
                                                                                                      1. Annual adjustment for inflation. The            percent of the total loan amount.
                                           increase in the CPI–U from June 2003 to June
                                                                                                   dollar amounts, including the loan amounts,              v. For 2019, reflecting a 2.5 percent
                                           2004, rounded to the nearest whole dollar.
                                                                                                   in § 1026.43(e)(3)(i) will be adjusted annually       increase in the CPI–U that was reported on
                                              xi. For 2006, $528, reflecting a 3.51 percent
                                                                                                   on January 1 by the annual percentage                 the preceding June 1, a covered transaction
                                           increase in the CPI–U from June 2004 to June            change in the CPI–U that was in effect on the         is not a qualified mortgage unless the
                                           2005, rounded to the nearest whole dollar.              preceding June 1. The Bureau will publish             transaction’s total points and fees do not
                                              xii. For 2007, $547, reflecting a 3.55               adjustments after the June figures become             exceed:
                                           percent increase in the CPI–U from June 2005            available each year.                                     A. For a loan amount greater than or equal
                                           to June 2006, rounded to the nearest whole                 i. For 2015, reflecting a 2 percent increase       to $107,747: 3 percent of the total loan
                                           dollar.                                                 in the CPI–U that was reported on the                 amount;
                                              xiii. For 2008, $561, reflecting a 2.56              preceding June 1, a covered transaction is not           B. For a loan amount greater than or equal
                                           percent increase in the CPI–U from June 2006            a qualified mortgage unless the transactions          to $64,648 but less than $107,747: $3,232;
                                           to June 2007, rounded to the nearest whole              total points and fees do not exceed;                     C. For a loan amount greater than or equal
                                           dollar.                                                    A. For a loan amount greater than or equal         to $21,549 but less than $64,648: 5 percent
                                              xiv. For 2009, $583, reflecting a 3.94               to $101,953: 3 percent of the total loan              of the total loan amount;
                                           percent increase in the CPI–U from June 2007            amount;                                                  D. For a loan amount greater than or equal
                                           to June 2008, rounded to the nearest whole                 B. For a loan amount greater than or equal         to $13,468 but less than $21,549: $1,077;
                                           dollar.                                                 to $61,172 but less than $101,953: $3,059;               E. For a loan amount less than $13,468: 8
                                              xv. For 2010, $579, reflecting a 0.74                   C. For a loan amount greater than or equal         percent of the total loan amount.
                                           percent decrease in the CPI–U from June                 to $20,391 but less than $61,172: 5 percent
                                                                                                   of the total loan amount;
                                                                                                                                                         *        *   *     *      *
                                           2008 to June 2009, rounded to the nearest
                                           whole dollar.                                              D. For a loan amount greater than or equal         Section 1026.52—Limitations on Fees
                                              xvi. For 2011, $592, reflecting a 2.2 percent        to $12,744 but less than $20,391; $1,020;
                                                                                                                                                         *        *   *     *      *
                                           increase in the CPI–U from June 2009 to June               E. For a loan amount less than $12,744: 8
                                                                                                                                                            52(b)(1)(ii) Safe harbors
                                           2010, rounded to the nearest whole dollar.              percent of the total loan amount.
                                                                                                                                                            1. Multiple violations of same type. i. Same
                                              xvii. For 2012, $611, reflecting a 3.2                  ii. For 2016, reflecting a .2 percent decrease
                                                                                                                                                         billing cycle or next six billing cycles. A card
                                           percent increase in the CPI–U from June 2010            in the CPI–U that was reported on the
                                                                                                   preceding June 1, a covered transaction is not        issuer cannot impose a fee for a violation
                                           to June 2011, rounded to the nearest whole                                                                    pursuant to § 1026.52(b)(1)(ii)(B) unless a fee
                                           dollar.                                                 a qualified mortgage unless the transactions
                                                                                                   total points and fees do not exceed;                  has previously been imposed for the same
                                              xviii. For 2013, $625, reflecting a 2.3                                                                    type of violation pursuant to
                                           percent increase in the CPI–U from June 2011               A. For a loan amount greater than or equal
                                                                                                   to $101,749: 3 percent of the total loan              § 1026.52(b)(1)(ii)(A). Once a fee has been
                                           to June 2012, rounded to the nearest whole                                                                    imposed for a violation pursuant to
                                                                                                   amount;
                                           dollar.                                                                                                       § 1026.52(b)(1)(ii)(A), the card issuer may
                                                                                                      B. For a loan amount greater than or equal
                                              xix. For 2014, $632, reflecting a 1.1 percent                                                              impose a fee pursuant to § 1026.52(b)(1)(ii)(B)
                                                                                                   to $61,050 but less than $101,749: $3,052;
                                           increase in the CPI–U from June 2012 to June               C. For a loan amount greater than or equal         for any subsequent violation of the same type
                                           2013, rounded to the nearest whole dollar.              to $20,350 but less than $61,050: 5 percent           until that type of violation has not occurred
                                              3. Applicable threshold. For purposes of             of the total loan amount;                             for a period of six consecutive complete
                                           § 1026.32(a)(1)(ii), a creditor must determine             D. For a loan amount greater than or equal         billing cycles. A fee has been imposed for
                                           the applicable points and fees threshold                to $12,719 but less than $20,350; $1,017;             purposes of § 1026.52(b)(1)(ii) even if the
                                           based on the face amount of the note (or, in               E. For a loan amount less than $12,719: 8          card issuer waives or rebates all or part of the
                                           the case of an open-end credit plan, the                percent of the total loan amount.                     fee.
                                           credit limit for the plan when the account is              iii. For 2017, reflecting a 1.1 percent               A. Late payments. For purposes of
                                           opened). However, the creditor must apply               increase in the CPI–U that was reported on            § 1026.52(b)(1)(ii), a late payment occurs
                                           the allowable points and fees percentage to             the preceding June 1, a covered transaction           during the billing cycle in which the
                                           the ‘‘total loan amount,’’ as defined in                is not a qualified mortgage unless the                payment may first be treated as late
                                           § 1026.32(b)(4). For closed-end credit                  transactions total points and fees do not             consistent with the requirements of this part
                                           transactions, the total loan amount may be              exceed:                                               and the terms or other requirements of the
                                           different than the face amount of the note.                A. For a loan amount greater than or equal         account.
amozie on DSK3GDR082PROD with RULES




                                           The $20,000 amount in § 1026.32(a)(1)(ii)(A)            to $102,894: 3 percent of the total loan                 B. Returned payments. For purposes of
                                           and (B) is adjusted annually on January 1 by            amount;                                               § 1026.52(b)(1)(ii), a returned payment occurs
                                           the annual percentage change in the CPI that               B. For a loan amount greater than or equal         during the billing cycle in which the
                                           was in effect on the preceding June 1.                  to $61,737 but less than $102,894: $3,087;            payment is returned to the card issuer.
                                              i. For 2015, $20,391, reflecting a 2 percent            C. For a loan amount greater than or equal            C. Transactions that exceed the credit
                                           increase in the CPI–U from June 2013 to June            to $20,579 but less than $61,737: 5 percent           limit. For purposes of § 1026.52(b)(1)(ii), a
                                           2014, rounded to the nearest whole dollar.              of the total loan amount;                             transaction that exceeds the credit limit for



                                      VerDate Sep<11>2014   16:25 Aug 24, 2018   Jkt 244001   PO 00000   Frm 00006   Fmt 4700   Sfmt 4700   E:\FR\FM\27AUR1.SGM   27AUR1


                                                             Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Rules and Regulations                                             43507

                                           an account occurs during the billing cycle in           required minimum periodic payment due on              the current amounts in § 1026.52(b)(1)(ii)(A)
                                           which the transaction occurs or is authorized           October 25 has not been received. However,            and (b)(1)(ii)(B) has risen by a whole dollar,
                                           by the card issuer.                                     because this late payment did not occur               those amounts will be increased by $1.00.
                                              D. Declined access checks. For purposes of           during the six billing cycles following the           Similarly, when the cumulative change in the
                                           § 1026.52(b)(1)(ii), a check that accesses a            March billing cycle, § 1026.52(b)(1)(ii) only         adjusted minimum value derived from
                                           credit card account is declined during the              permits the card issuer to impose a late              applying the annual Consumer Price level to
                                           billing cycle in which the card issuer                  payment fee of $25.                                   the current amounts in § 1026.52(b)(1)(ii)(A)
                                           declines payment on the check.                             B. Violations of different types (late             and (b)(1)(ii)(B) has decreased by a whole
                                              ii. Relationship to §§ 1026.52(b)(2)(ii) and         payment and over the credit limit). The credit        dollar, those amounts will be decreased by
                                           1026.56(j)(1). If multiple violations are based         limit for an account is $1,000. Consistent            $1.00. The Bureau will publish adjustments
                                           on the same event or transaction such that              with § 1026.56, the consumer has                      to the amounts in § 1026.52(b)(1)(ii)(A) and
                                           § 1026.52(b)(2)(ii) prohibits the card issuer           affirmatively consented to the payment of             (b)(1)(ii)(B).
                                           from imposing more than one fee, the event              transactions that exceed the credit limit. A             i. Historical thresholds.
                                           or transaction constitutes a single violation           required minimum periodic payment of $30                 A. Card issuers were permitted to impose
                                           for purposes of § 1026.52(b)(1)(ii).                    is due on August 25. On August 26, a late             a fee for violating the terms of an agreement
                                           Furthermore, consistent with                            payment has occurred because no payment               if the fee did not exceed $25 under
                                           § 1026.56(j)(1)(i), no more than one violation          has been received. Accordingly, consistent            § 1026.52(b)(1)(ii)(A) and $35 under
                                           for exceeding an account’s credit limit can             with § 1026.52(b)(1)(ii)(A), the card issuer          § 1026.52(b)(1)(ii)(B), through December 31,
                                           occur during a single billing cycle for                 imposes a $25 late payment fee on August 26.          2013.
                                           purposes of § 1026.52(b)(1)(ii). However,               On August 30, the card issuer receives a $30             B. Card issuers were permitted to impose
                                           § 1026.52(b)(2)(ii) does not prohibit a card            payment. On September 10, a transaction               a fee for violating the terms of an agreement
                                           issuer from imposing fees for exceeding the             causes the account balance to increase to             if the fee did not exceed $26 under
                                           credit limit in consecutive billing cycles              $1,150, which exceeds the account’s $1,000            § 1026.52(b)(1)(ii)(A) and $37 under
                                           based on the same over-the-limit transaction            credit limit. On September 11, a second               § 1026.52(b)(1)(ii)(B), through December 31,
                                           to the extent permitted by § 1026.56(j)(1). In          transaction increases the account balance to          2014.
                                           these circumstances, the second and third               $1,350. On September 23, the card issuer                 C. Card issuers were permitted to impose
                                           over-the-limit fees permitted by                        receives the $50 required minimum periodic            a fee for violating the terms of an agreement
                                           § 1026.56(j)(1) may be imposed pursuant to              payment due on September 25, which                    if the fee did not exceed $27 under
                                           § 1026.52(b)(1)(ii)(B). See comment                     reduces the account balance to $1,300. On             § 1026.52(b)(1)(ii)(A) and $38 under
                                           52(b)(2)(ii)–1.                                         September 30, the card issuer imposes a $25           § 1026.52(b)(1)(ii)(B), through December 31,
                                              iii. Examples. The following examples                over-the-limit fee, consistent with                   2015.
                                                                                                                                                            D. Card issuers were permitted to impose
                                           illustrate the application of                           § 1026.52(b)(1)(ii)(A). On October 26, a late
                                                                                                                                                         a fee for violating the terms of an agreement
                                           § 1026.52(b)(1)(ii)(A) and (b)(1)(ii)(B) with           payment has occurred because the $60
                                                                                                                                                         if the fee did not exceed $27 under
                                           respect to credit card accounts under an                required minimum periodic payment due on
                                                                                                                                                         § 1026.52(b)(1)(ii)(A), through December 31,
                                           open-end (not home-secured) consumer                    October 25 has not been received.
                                                                                                                                                         2016. Card issuers were permitted to impose
                                           credit plan that are not charge card accounts.          Accordingly, consistent with
                                                                                                                                                         a fee for violating the terms of an agreement
                                           For purposes of these examples, assume that             § 1026.52(b)(1)(ii)(B), the card issuer imposes       if the fee did not exceed $37 under
                                           the billing cycles for the account begin on the         a $35 late payment fee on October 26.                 § 1026.52(b)(1)(ii)(B), through June 26, 2016,
                                           first day of the month and end on the last day             C. Violations of different types (late             and $38 under § 1026.52(b)(1)(ii)(B) from
                                           of the month and that the payment due date              payment and returned payment). A required             June 27, 2016 through December 31, 2016.
                                           for the account is the twenty-fifth day of the          minimum periodic payment of $50 is due on                E. Card issuers were permitted to impose
                                           month.                                                  July 25. On July 26, a late payment has               a fee for violating the terms of an agreement
                                              A. Violations of same type (late payments).          occurred because no payment has been                  if the fee did not exceed $27 under
                                           A required minimum periodic payment of                  received. Accordingly, consistent with                § 1026.52(b)(1)(ii)(A) and $38 under
                                           $50 is due on March 25. On March 26, a late             § 1026.52(b)(1)(ii)(A), the card issuer imposes       § 1026.52(b)(1)(ii)(B), through December 31,
                                           payment has occurred because no payment                 a $25 late payment fee on July 26. On July            2017.
                                           has been received. Accordingly, consistent              30, the card issuer receives a $50 payment.              F. Card issuers were permitted to impose
                                           with § 1026.52(b)(1)(ii)(A), the card issuer            A required minimum periodic payment of                a fee for violating the terms of an agreement
                                           imposes a $25 late payment fee on March 26.             $50 is due on August 25. On August 24, a              if the fee did not exceed $27 under
                                           In order for the card issuer to impose a $35            $50 payment is received. On August 27, the            § 1026.52(b)(1)(ii)(A) and $38 under
                                           late payment fee pursuant to                            $50 payment is returned to the card issuer for        § 1026.52(b)(1)(ii)(B), through December 31,
                                           § 1026.52(b)(1)(ii)(B), a second late payment           insufficient funds. In these circumstances,           2018.
                                           must occur during the April, May, June, July,           § 1026.52(b)(2)(ii) permits the card issuer to           3. Delinquent balance for charge card
                                           August, or September billing cycles.                    impose either a late payment fee or a                 accounts. Section 1026.52(b)(1)(ii)(C)
                                              1. The card issuer does not receive any              returned payment fee but not both because             provides that, when a charge card issuer that
                                           payment during the March billing cycle. A               the late payment and the returned payment             requires payment of outstanding balances in
                                           required minimum periodic payment of $100               result from the same event or transaction.            full at the end of each billing cycle has not
                                           is due on April 25. On April 20, the card               Accordingly, for purposes of                          received the required payment for two or
                                           issuer receives a $50 payment. No further               § 1026.52(b)(1)(ii), the event or transaction         more consecutive billing cycles, the card
                                           payment is received during the April billing            constitutes a single violation. However, if the       issuer may impose a late payment fee that
                                           cycle. Accordingly, consistent with                     card issuer imposes a late payment fee,               does not exceed three percent of the
                                           § 1026.52(b)(1)(ii)(B), the card issuer may             § 1026.52(b)(1)(ii)(B) permits the issuer to          delinquent balance. For purposes of
                                           impose a $35 late payment fee on April 26.              impose a fee of $35 because the late payment          § 1026.52(b)(1)(ii)(C), the delinquent balance
                                           Furthermore, the card issuer may impose a               occurred during the six billing cycles                is any previously billed amount that remains
                                           $35 late payment fee for any late payment               following the July billing cycle. In contrast,        unpaid at the time the late payment fee is
                                           that occurs during the May, June, July,                 if the card issuer imposes a returned payment         imposed pursuant to § 1026.52(b)(1)(ii)(C).
                                           August, September, or October billing cycles.           fee, the amount of the fee may be no more             Consistent with § 1026.52(b)(2)(ii), a charge
                                              2. Same facts as in paragraph A above. On            than $25 pursuant to § 1026.52(b)(1)(ii)(A).          card issuer that imposes a fee pursuant to
                                           March 30, the card issuer receives a $50                   2. Adjustments based on Consumer Price             § 1026.52(b)(1)(ii)(C) with respect to a late
amozie on DSK3GDR082PROD with RULES




                                           payment and the required minimum periodic               Index. For purposes of § 1026.52(b)(1)(ii)(A)         payment may not impose a fee pursuant to
                                           payments for the April, May, June, July,                and (b)(1)(ii)(B), the Bureau shall calculate         § 1026.52(b)(1)(ii)(B) with respect to the same
                                           August, and September billing cycles are                each year price level adjusted amounts using          late payment. The following examples
                                           received on or before the payment due date.             the Consumer Price Index in effect on June            illustrate the application of
                                           A required minimum periodic payment of                  1 of that year. When the cumulative change            § 1026.52(b)(1)(ii)(C):
                                           $60 is due on October 25. On October 26, a              in the adjusted minimum value derived from               i. Assume that a charge card issuer requires
                                           late payment has occurred because the                   applying the annual Consumer Price level to           payment of outstanding balances in full at



                                      VerDate Sep<11>2014   16:25 Aug 24, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4700   Sfmt 4700   E:\FR\FM\27AUR1.SGM   27AUR1


                                           43508             Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Rules and Regulations

                                           the end of each billing cycle and that the              SUMMARY: This action modifies the                     purchased by the proponent for that
                                           billing cycles for the account begin on the             restricted airspace at the Townsend                   purpose. R–3007E is outside the land
                                           first day of the month and end on the last day          Bombing Range, GA (Range), by                         purchase area, therefore it is not
                                           of the month. At the end of the June billing
                                                                                                   expanding the lateral limits of R–3007A               possible to lower the floor below 100
                                           cycle, the account has a balance of $1,000.
                                           On July 5, the card issuer provides a periodic          to allow construction of additional                   feet AGL at this time.
                                           statement disclosing the $1,000 balance                 targets and impact areas. The
                                                                                                                                                         Differences From NPRM
                                           consistent with § 1026.7. During the July               modification is needed so that precision
                                           billing cycle, the account is used for $300 in          guided munitions (PGM) can be used on                    The NPRM contained an error in the
                                           transactions, increasing the balance to                 the range. The changes are completely                 15th coordinate listed for R–3007A. The
                                           $1,300. At the end of the July billing cycle,           contained within the existing outer                   longitude for that point was listed as
                                           no payment has been received and the card               boundaries of the R–3007 complex.                     ‘‘91°36′32″ W.’’ The correct point is
                                           issuer imposes a $25 late payment fee                                                                         ‘‘81°36′32″ W.’’
                                           consistent with § 1026.52(b)(1)(ii)(A). On              DATES: Effective date 0901 UTC,
                                                                                                                                                            The NPRM listed the ‘‘Air National
                                           August 5, the card issuer provides a periodic           November 8, 2018.
                                                                                                                                                         Guard (ANG), Savannah Combat
                                           statement disclosing the $1,325 balance                 FOR FURTHER INFORMATION CONTACT: Paul
                                           consistent with § 1026.7. During the August
                                                                                                                                                         Readiness Training Center (CRTC),’’ as
                                                                                                   Gallant, Airspace Policy Group, Office                the using agency in the description of
                                           billing cycle, the account is used for $200 in          of Airspace Services, Federal Aviation
                                           transactions, increasing the balance to                                                                       R–3007E. Since the publication of the
                                                                                                   Administration, 800 Independence                      NPRM, using agency responsibilities for
                                           $1,525. At the end of the August billing
                                           cycle, no payment has been received.                    Avenue SW, Washington, DC 20591;                      the Range were transferred from the
                                           Consistent with § 1026.52(b)(1)(ii)(C), the             telephone: (202) 267–8783.                            ANG to the U.S. Marine Corps (USMC).
                                           card issuer may impose a late payment fee of            SUPPLEMENTARY INFORMATION:                            On June 28, 2017, the FAA published in
                                           $40, which is 3% of the $1,325 balance that                                                                   the Federal Register a final rule that
                                           was due at the end of the August billing                Authority for This Rulemaking
                                           cycle. Section 1026.52(b)(1)(ii)(C) does not
                                                                                                                                                         changed the using agency for the
                                                                                                     The FAA’s authority to issue rules                  restricted areas to the USMC, Marine
                                           permit the card issuer to include the $200 in           regarding aviation safety is found in
                                           transactions that occurred during the August                                                                  Corps Air Station Beaufort, SC (82 FR
                                           billing cycle.
                                                                                                   Title 49 of the United States Code.                   29229), Docket No. FAA–2017–0585.
                                              ii. Same facts as above except that, on              Subtitle I, Section 106 describes the                 The USMC has assumed responsibility
                                           August 25, a $100 payment is received.                  authority of the FAA Administrator.                   for management and operation of the
                                           Consistent with § 1026.52(b)(1)(ii)(C), the             Subtitle VII, Aviation Programs,                      Townsend Range. This change is
                                           card issuer may impose a late payment fee of            describes in more detail the scope of the             reflected in the description of R–3007E,
                                           $37, which is 3% of the unpaid portion of               agency’s authority. This rulemaking is
                                           the $1,325 balance that was due at the end
                                                                                                                                                         below.
                                                                                                   promulgated under the authority
                                           of the August billing cycle ($1,225).                   described in Subtitle VII, Part A,                    The Rule
                                              iii. Same facts as in paragraph A above
                                           except that, on August 25, a $200 payment
                                                                                                   Subpart I, Section 40103. Under that                     The FAA is amending 14 CFR part 73
                                           is received. Consistent with                            section, the FAA is charged with                      to expand restricted area R–3007A by
                                           § 1026.52(b)(1)(ii)(C), the card issuer may             prescribing regulations to assign the use             merging the part of R–3007C that
                                           impose a late payment fee of $34, which is              of the airspace necessary to ensure the               overlies a land parcel acquired by the
                                           3% of the unpaid portion of the $1,325                  safety of aircraft and the efficient use of           U.S. Marine Corps into R–3007A. The
                                           balance that was due at the end of the August           airspace. This regulation is within the               floor of R–3007C is 100 feet AGL. By
                                           billing cycle ($1,125). In the alternative, the         scope of that authority as it modifies                adding the airspace over this land parcel
                                           card issuer may impose a late payment fee of            restricted airspace to accommodate
                                           $35 consistent with § 1026.52(b)(1)(ii)(B).
                                                                                                                                                         into R–3007A, the restricted area floor
                                           However, § 1026.52(b)(2)(ii) prohibits the
                                                                                                   military training requirements.                       in that area will be lowered from 100
                                           card issuer from imposing both fees.                    History                                               feet AGL down to ground level. The
                                           *      *     *       *      *                                                                                 small slice of restricted airspace, with a
                                                                                                     The FAA published a notice of                       100-foot AGL floor, between the east
                                             Dated: August 16, 2018.                               proposed rulemaking for Docket No.                    boundary of the expanded R–3007A,
                                           Mick Mulvaney,                                          FAA–2015–3338 in the Federal Register                 and the west boundary of R–3007B, is
                                           Acting Director, Bureau of Consumer                     (80 FR 60573; October 7, 2015), to                    redesignated as R–3007E. R–3007E
                                           Financial Protection.                                   expand the lateral limits of restricted               extends from 100 feet AGL up to, but
                                           [FR Doc. 2018–18209 Filed 8–24–18; 8:45 am]             area R–3007A, Townsend, GA.                           not including, 13,000 feet MSL.
                                           BILLING CODE 4810–AM–P                                  Interested parties were invited to                       Minor corrections are made to several
                                                                                                   participate in this rulemaking effort by              boundary coordinates for R–3007B, R–
                                                                                                   submitting written comments on the                    3007C, and R–3007D to match the
                                           DEPARTMENT OF TRANSPORTATION                            proposal. The comment period closed                   current National Hydrology Dataset that
                                                                                                   November 23, 2015. One comment was                    defines the Altamaha River boundary
                                           Federal Aviation Administration                         received from a member of the public.                 where that river forms the boundary of
                                                                                                   Discussion of Comment                                 the restricted areas.
                                           14 CFR Part 73                                                                                                   This rule provides the additional
                                                                                                      The commenter suggested that the                   ground-level restricted airspace needed
                                           [Docket No. FAA–2015–3338; Airspace                     floor of the proposed R–3007E be
                                           Docket No. 15–ASO–7]
                                                                                                                                                         for the construction of targets and
                                                                                                   lowered from 100 feet above ground                    impact areas so that PGM can safely be
                                           RIN 2120–AA66                                           level (AGL); to the surface in order to               employed at the Range.
                                                                                                   allow the opportunity to add more
amozie on DSK3GDR082PROD with RULES




                                           Modification and Establishment of                       targets in the future. To designate the               Regulatory Notices and Analyses
                                           Restricted Areas; Townsend, GA                          surface as the floor of a restricted area,               The FAA has determined that this
                                           AGENCY:  Federal Aviation                               the proponent must own, or otherwise                  regulation only involves an established
                                           Administration (FAA), DOT.                              control, the underlying land. The                     body of technical regulations for which
                                                                                                   expansion of R–3007A, which extends                   frequent and routine amendments are
                                           ACTION: Final rule.
                                                                                                   to the surface, encompasses land                      necessary to keep them operationally


                                      VerDate Sep<11>2014   16:25 Aug 24, 2018   Jkt 244001   PO 00000   Frm 00008   Fmt 4700   Sfmt 4700   E:\FR\FM\27AUR1.SGM   27AUR1



Document Created: 2018-08-25 01:49:24
Document Modified: 2018-08-25 01:49:24
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
ActionFinal rule; official interpretation.
DatesThis final rule is effective January 1, 2019.
ContactMonique Chenault, Paralegal, and Shelley Thompson, Counsel, Office of Regulations, at (202) 435-7700. If you require this document in an alternative electronic format, please contact [email protected]
FR Citation83 FR 43503 
CFR AssociatedAdvertising; Consumer Protection; Credit; Credit Unions; Mortgages; National Banks; Reporting and Recordkeeping Requirements; Savings Associations and Truth in Lending

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR