[Federal Register Volume 81, Number 230 (Wednesday, November 30, 2016)]
[Rules and Regulations]
[Pages 86260-86268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28718]
-----------------------------------------------------------------------
FEDERAL RESERVE SYSTEM
12 CFR Part 226
[Docket No. R-1546]
RIN 7100 AE-57
BUREAU OF CONSUMER FINANCIAL PROTECTION
12 CFR Part 1026
[Docket No. CFPB-2016-0037]
RIN 3170-AA67
Truth in Lending (Regulation Z)
AGENCY: Board of Governors of the Federal Reserve System (Board); and
Bureau of Consumer Financial Protection (Bureau).
ACTION: Final rules, official interpretations and commentary.
-----------------------------------------------------------------------
SUMMARY: The Board and the Bureau are finalizing amendments to the
official interpretations and commentary for the agencies' regulations
that implement the Truth in Lending Act (TILA). The Dodd-Frank Wall
Street Reform and Consumer Protection Act (Dodd-Frank Act) amended TILA
by requiring that the dollar threshold for exempt consumer credit
transactions be adjusted annually by the annual percentage increase in
the Consumer Price Index for Urban Wage Earners and Clerical Workers
(CPI-W). If there is no annual percentage increase in the CPI-W, the
Board and Bureau will not adjust this exemption threshold from the
prior year. The final rule memorializes this as well as the agencies'
calculation method for determining the adjustment in years following a
year in which there is no annual percentage increase in the CPI-W.
Based on the CPI-W in effect as of June 1, 2016, the exemption
threshold will remain at $54,600 through 2017. The Dodd-Frank Act also
requires similar adjustments in the Consumer Leasing Act's threshold
for exempt consumer leases. Accordingly, the Board and the Bureau are
adopting similar amendments to the commentaries to each of their
respective regulations implementing the Consumer Leasing Act elsewhere
in this issue of the Federal Register.
DATES: This final rule is effective January 1, 2017.
FOR FURTHER INFORMATION CONTACT: Board: Vivian W. Wong, Senior Counsel,
Division of Consumer and Community Affairs, Board of Governors of the
Federal Reserve System, at (202) 452-3667; for users of
Telecommunications Device for the Deaf (TDD) only, contact (202) 263-
4869.
Bureau: Jaclyn Maier, Counsel, Office of Regulations, Consumer
Financial Protection Bureau, at (202) 435-7700.
SUPPLEMENTARY INFORMATION:
I. Background
The Dodd-Frank Wall Street Reform and Consumer Protection Act of
2010 (Dodd-Frank Act) increased the threshold in the Truth in Lending
Act (TILA) for exempt consumer credit transactions,\1\ and the
threshold in the Consumer Leasing Act (CLA) for exempt consumer leases,
from $25,000 to $50,000, effective July 21, 2011.\2\ In addition, the
Dodd-Frank Act requires that, on and after December 31, 2011, these
thresholds be adjusted annually for inflation by the annual percentage
increase in the Consumer Price Index for Urban Wage Earners and
Clerical Workers (CPI-W), as published by the Bureau of Labor
Statistics. In April 2011, the Board issued a final rule
[[Page 86261]]
amending Regulation Z (which implements TILA) consistent with these
provisions of the Dodd-Frank Act, along with a similar final rule
amending Regulation M (which implements the CLA) (collectively, the
Board Final Threshold Rules).\3\
---------------------------------------------------------------------------
\1\ Although consumer credit transactions above the threshold
are generally exempt, loans secured by real property or by personal
property used or expected to be used as the principal dwelling of a
consumer and private education loans are covered by TILA regardless
of the loan amount. See 12 CFR 226.3(b)(1)(i) (Board) and 12 CFR
1026.3(b)(1)(i) (Bureau).
\2\ Public Law 111-203, section 1100E, 124 Stat. 1376 (2010).
\3\ 76 FR 18354 (Apr. 4, 2011); 76 FR 18349 (Apr. 4, 2011).
---------------------------------------------------------------------------
Title X of the Dodd-Frank Act transferred rulemaking authority for
a number of consumer financial protection laws from the Board to the
Bureau, effective July 21, 2011. In connection with this transfer of
rulemaking authority, the Bureau issued its own Regulation Z
implementing TILA in an interim final rule, 12 CFR part 1026 (Bureau
Interim Final Rule).\4\ The Bureau Interim Final Rule substantially
duplicated the Board's Regulation Z, including the revisions to the
threshold for exempt transactions made by the Board in April 2011. In
April 2016, the Bureau adopted the Bureau Interim Final Rule as final,
subject to intervening final rules published by the Bureau.\5\ Although
the Bureau has the authority to issue rules to implement TILA for most
entities, the Board retains authority to issue rules under TILA for
certain motor vehicle dealers covered by section 1029(a) of the Dodd-
Frank Act, and the Board's Regulation Z continues to apply to those
entities.\6\
---------------------------------------------------------------------------
\4\ 76 FR 79768 (Dec. 22, 2011).
\5\ 81 FR 25323 (April 28, 2016).
\6\ Section 1029(a) of the Dodd-Frank Act states: ``Except as
permitted in subsection (b), the Bureau may not exercise any
rulemaking, supervisory, enforcement, or any other authority . . .
over a motor vehicle dealer that is predominantly engaged in the
sale and servicing of motor vehicles, the leasing and servicing of
motor vehicles, or both.'' 12 U.S.C. 5519(a). Section 1029(b) of the
Dodd-Frank Act states: ``Subsection (a) shall not apply to any
person, to the extent that such person (1) provides consumers with
any services related to residential or commercial mortgages or self-
financing transactions involving real property; (2) operates a line
of business (A) that involves the extension of retail credit or
retail leases involving motor vehicles; and (B) in which (i) the
extension of retail credit or retail leases are provided directly to
consumers; and (ii) the contract governing such extension of retail
credit or retail leases is not routinely assigned to an unaffiliated
third party finance or leasing source; or (3) offers or provides a
consumer financial product or service not involving or related to
the sale, financing, leasing, rental, repair, refurbishment,
maintenance, or other servicing of motor vehicles, motor vehicle
parts, or any related or ancillary product or service.'' 12 U.S.C.
5519(b).
---------------------------------------------------------------------------
Section 226.3(b)(1)(ii) of the Board's Regulation Z and Sec.
1026.3(b)(1)(ii) of the Bureau's Regulation Z, and their accompanying
commentaries, provide that the exemption threshold will be adjusted
annually effective January 1 of each year based on any annual
percentage increase in the CPI-W that was in effect on the preceding
June 1. They further provide that any increase in the threshold amount
will be rounded to the nearest $100 increment. For example, if the
annual percentage increase in the CPI-W would result in a $950 increase
in the threshold amount, the threshold amount will be increased by
$1,000. However, if the annual percentage increase in the CPI-W would
result in a $949 increase in the threshold amount, the threshold amount
will be increased by $900.\7\ If there is no annual percentage increase
in the CPI-W, the Board and Bureau will not adjust the exemption
threshold from the prior year. Since 2011, the Board and the Bureau
have adjusted the Regulation Z exemption threshold annually, in
accordance with these rules.
---------------------------------------------------------------------------
\7\ See comments 3(b)-1 in supplements I of 12 CFR parts 226 and
1026.
---------------------------------------------------------------------------
II. Commentary Revision
On August 4, 2016, the Board and the Bureau published a proposed
rule in the Federal Register to memorialize the calculation method used
by the agencies each year to adjust the exemption threshold. See 81 FR
51404 (Aug. 4, 2016). The proposed commentary stated that if there is
no annual percentage increase in the CPI-W, the Board and Bureau will
not adjust the exemption threshold from the prior year. The proposed
commentary further set forth the calculation method the agencies would
use in years following a year in which the exemption threshold was not
adjusted because there was no increase in the CPI-W from the previous
year. As the Board and the Bureau discussed in the proposal, the
proposed calculation method would ensure that the values for the
exemption threshold keep pace with the CPI-W as contemplated by section
1100E(b) of the Dodd-Frank Act.
The comment period closed on September 6, 2016. In response to the
proposal, the Board and the Bureau received one comment from a
consumer, supporting the proposal. The Board and the Bureau are
adopting the commentary revisions as proposed, with some minor
clarifying amendments. These changes will be effective on January 1,
2017.
Specifically, the Board and the Bureau are adopting comment 3(b)-1
as proposed to move the text regarding the threshold amount that is in
effect during a particular period to a new comment 3(b)-3. The
discussion of how the agencies round the threshold calculation will
remain in comment 3(b)-1. Current comments 3(b)-2, 3(b)-3, 3(b)-4,
3(b)-5, and 3(b)-6 are renumbered as comments 3(b)-4, 3(b)-5, 3(b)-6,
3(b)-7, and 3(b)-8, respectively, and cross-references to these
comments are also renumbered accordingly, as proposed.
Furthermore, the Board and the Bureau are adopting new comment
3(b)-2 as proposed to provide that if the CPI-W in effect on June 1
does not increase from the CPI-W in effect on June 1 of the previous
year (i.e., the CPI-W in effect on June 1 is either equal to or less
than the CPI-W in effect on June 1 of the previous year), the threshold
amount effective the following January 1 through December 31 will not
change from the previous year. As the Board and the Bureau discussed in
the proposal, this position is consistent with section 1100E(b) of the
Dodd-Frank Act, which states that the threshold must be adjusted by the
``annual percentage increase'' in the CPI-W (emphasis added), and the
position the agencies have previously taken.\8\ Thus, if the threshold
in effect from January 1, 2019, through December 31, 2019, is $55,500
and the CPI-W in effect on June 1 of 2019 indicates a 1.1 percent
decrease from the CPI-W in effect on June 1, 2018, the threshold in
effect for January 1, 2020, through December 31, 2020, will remain
$55,500.
---------------------------------------------------------------------------
\8\ See, e.g., 76 FR 18354, 18355 n.1 (Apr. 4, 2011) (``[A]n
annual period of deflation or no inflation would not require a
change in the threshold amount.'').
---------------------------------------------------------------------------
Comment 3(b)-2 also provides that, for the years after a year in
which the threshold did not change because the CPI-W in effect on June
1 decreased from the CPI-W in effect on June 1 of the previous year,
the threshold is calculated by applying the annual percentage change in
the CPI-W to the dollar amount that would have resulted, after
rounding, if the decreases and any subsequent increases in the CPI-W
had been taken into account. Comment 3(b)-2.i further states that, if
the resulting amount, after rounding, is greater than the current
threshold, then the threshold effective January 1 the following year
will increase accordingly.
For example, assume that the threshold in effect from January 1,
2019, through December 31, 2019, is $55,500 and that, due to a 1.1
percent decrease from the CPI-W in effect on June 1, 2018, to the CPI-W
in effect on June 1, 2019, the threshold in effect from January 1,
2020, through December 31, 2020, remains at $55,500. If, however, the
threshold had been adjusted downward to reflect the decrease in the
CPI-W over that time period, the threshold in effect from January 1,
2020, through December 31, 2020, would have
[[Page 86262]]
been $54,900, after rounding. Further assume that the CPI-W in effect
on June 1, 2020, increased by 1.6 percent from the CPI-W in effect on
June 1, 2019. The calculation for the threshold that will be in effect
from January 1, 2021, through December 31, 2021, is based on the impact
of a 1.6 percent increase in the CPI-W on $54,900, rather than $55,500,
resulting in a 2021 threshold of $55,800.
Furthermore, comment 3(b)-2.ii states that, if the resulting amount
calculated, after rounding, is equal to or less than the current
threshold, then the threshold effective January 1 the following year
will not change, but future increases will be calculated based on the
amount that would have resulted, after rounding. To illustrate, assume
in the example above that the CPI-W in effect on June 1, 2020,
increased by only 0.6 percent from the CPI-W in effect on June 1, 2019.
The calculation for the threshold that will be in effect from January
1, 2021, through December 31, 2021, is based on the impact of a 0.6
percent increase in the CPI-W on $54,900. The resulting amount, after
rounding, is $55,200, which is lower than $55,500, the threshold in
effect from January 1, 2020, through December 31, 2020. Therefore, the
threshold in effect from January 1, 2021, through December 31, 2021,
will remain $55,500. However, the calculation for the threshold that
will be in effect from January 1, 2022, through December 31, 2022, will
apply the percentage change in the CPI-W to $55,200, the amount that
would have resulted based on the 0.6 percent change from the CPI-W in
effect on June 1, 2019, after rounding, to the CPI-W in effect on June
1, 2020.
III. 2017 Threshold
Based on the calculation method detailed above, the exemption
threshold amount for 2017 remains at $54,600. This is based on the CPI-
W in effect on June 1, 2016, which was reported on May 17, 2016. The
Bureau of Labor Statistics publishes consumer-based indices monthly,
but does not report a CPI change on June 1; adjustments are reported in
the middle of the month. The CPI-W is a subset of the CPI-U index
(based on all urban consumers) and represents approximately 28 percent
of the U.S. population. The CPI-W reported on May 17, 2016 reflects a
0.8 percent increase in the CPI-W from April 2015 to April 2016.
Because the CPI-W decreased from April 2014 to April 2015, the Board
and the Bureau are calculating the threshold based on the amount that
would have resulted had this decrease been taken into account, which is
$54,200. A 0.8 percent increase in the CPI-W applied to $54,200 results
in $54,600, which is the same threshold amount for 2016. Thus, the
exemption threshold amount that will be in effect for 2017 remains at
$54,600. The Board and the Bureau are revising the commentaries to
their respective regulations to add new comment 3(b)-3.viii to state
that, from January 1, 2017, through December 31, 2017, the threshold
amount is $54,600. These revisions are effective January 1, 2017.
IV. Regulatory Analysis
Administrative Procedure Act
Under the Administrative Procedure Act, notice and opportunity for
public comment are not required if the Board and the Bureau find that
notice and public comment are impracticable, unnecessary, or contrary
to the public interest.\9\ The 2017 threshold amount for exempt
consumer credit transactions announced in this rule, $54,600, is
technical and applies the calculation method set forth elsewhere in
this final rule, for which notice and public comment were provided.\10\
For these reasons, the Board and the Bureau have determined that
publishing a notice of proposed rulemaking and providing opportunity
for public comment for purposes of the 2017 threshold adjustment are
unnecessary. Therefore, the amendments regarding the 2017 threshold
amount for exempt consumer credit transactions are adopted in final
form.
---------------------------------------------------------------------------
\9\ 5 U.S.C. 553(b)(B).
\10\ See 81 FR 51404 (Aug. 4, 2016).
---------------------------------------------------------------------------
Bureau's Dodd-Frank Act Section 1022(b)(2) Analysis
In developing the final rule, the Bureau has considered potential
benefits, costs, and impacts.\11\ In addition, the Bureau has
consulted, or offered to consult with, the prudential regulators, the
Securities and Exchange Commission, the Department of Housing and Urban
Development, the Federal Housing Finance Agency, the Federal Trade
Commission, and the Department of the Treasury, including regarding
consistency with any prudential, market, or systemic objectives
administered by such agencies.
---------------------------------------------------------------------------
\11\ Specifically, section 1022(b)(2)(A) calls for the Bureau to
consider the potential benefits and costs of a regulation to
consumers and covered persons, including the potential reduction of
access by consumers to consumer financial products or services; the
impact on depository institutions and credit unions with $10 billion
or less in total assets as described in section 1026 of the Act; and
the impact on consumers in rural areas.
---------------------------------------------------------------------------
The Bureau has chosen to evaluate the benefits, costs and impacts
of the final rule against the current state of the world, which takes
into account the current regulatory regime. The Bureau is not aware of
any significant benefits or costs to consumers or covered persons
associated with the final rule relative to the baseline. The Board
previously stated that if there is no annual percentage increase in the
CPI-W, then the Board (and now the Bureau) will not adjust the
exemption threshold from the prior year.\12\ The final rule
memorializes this in official commentary. The final rule also clarifies
how the threshold is calculated for years after a year in which the
threshold did not change. The Bureau believes that this clarification
memorializes the method that the Bureau would be expected to use: This
method holds the threshold fixed until a notional threshold calculated
using the Bureau's methodology, taking into account both decreases and
increases in the CPI-W, exceeds the actual threshold. The Bureau
requested, but did not receive, comment on this point. Thus, the Bureau
concludes that the final rule will not change the regulatory regime
relative to the baseline and will create no significant benefits,
costs, or impacts.
---------------------------------------------------------------------------
\12\ 76 FR 18354, 18355 n.1 (Apr. 4, 2011) (``[A]n annual period
of deflation or no inflation would not require a change in the
threshold amount.'').
---------------------------------------------------------------------------
The final rule will have no unique impact on depository
institutions or credit unions with $10 billion or less in assets as
described in section 1026(a) of the Dodd-Frank Act or on rural
consumers. The Bureau does not expect this final rule to affect
consumers' access to credit.
Regulatory Flexibility Act
Board: An initial regulatory flexibility analysis (IRFA) was
included in the proposal in accordance with section 3(a) of the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq. (RFA). In the IRFA,
the Board requested comments on any approaches, other than the proposed
alternatives, that would reduce the burden on small entities. The RFA
requires an agency to prepare a final regulatory flexibility analysis
(FRFA) unless the agency certifies that the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities. In accordance with section 3(a) of the RFA, the
Board has reviewed the final regulation. Based on its analysis, and for
the reasons stated below, the Board believes that the rule will not
have a significant economic impact on a substantial number of small
entities.
1. Statement of the need for, and objectives of, the final rule.
The final rule memorializes the calculation
[[Page 86263]]
method used by the Board each year to adjust the exemption threshold in
accordance with section 1100E of the Dodd-Frank Act. The final rule
also adopts the exemption threshold that will apply from January 1,
2017, through December 31, 2017, based on the calculation method
memorialized in this final rule.
2. Summary of issues raised by comments in response to the initial
regulatory flexibility analysis. The Board did not receive any comments
on the initial regulatory flexibility analysis.
3. Small entities affected by the final rule. This rule would
affect motor vehicle dealers that are subject to the Board's Regulation
Z and offer closed-end or open-end credit that may be exempt from
Regulation Z under 12 CFR 226.3(b). While the total number of small
entities likely to be affected by the final rule is unknown, the Board
does not believe the final rule will have a significant economic impact
on the entities that it affects.
4. Recordkeeping, reporting, and compliance requirements. The final
rule would not impose any recordkeeping, reporting, or compliance
requirements.
5. Significant alternatives to the final revisions. The Board has
not identified any significant alternatives that would reduce the
regulatory burden on small entities associated with this final rule.
Bureau: The RFA generally requires an agency to conduct an initial
regulatory flexibility analysis (IRFA) and a final regulatory
flexibility analysis (FRFA) of any rule subject to notice-and-comment
rulemaking requirements.\13\ These analyses must describe the impact of
the proposed and final rules on small entities.\14\ An IRFA or FRFA is
not required if the agency certifies that the rule will not have a
significant economic impact on a substantial number of small
entities.\15\ The Bureau also is subject to certain additional
procedures under the RFA involving the convening of a panel to consult
with small business representatives prior to proposing a rule for which
an IRFA is required.\16\
---------------------------------------------------------------------------
\13\ 5 U.S.C. 601 et seq.
\14\ Id. at 603(a) and 604(a). For purposes of assessing the
impacts of the rule on small entities, ``small entities'' is defined
in the RFA to include small businesses, small not-for-profit
organizations, and small government jurisdictions. Id. at 601(6). A
``small business'' is determined by application of Small Business
Administration regulations and reference to the North American
Industry Classification System (NAICS) classifications and size
standards. Id. at 601(3). A ``small organization'' is any ``not-for-
profit enterprise which is independently owned and operated and is
not dominant in its field.'' Id. at 601(4). A ``small governmental
jurisdiction'' is the government of a city, county, town, township,
village, school district, or special district with a population of
less than 50,000. Id. at 601(5).
\15\ Id. at 605(b).
\16\ Id. at 609.
---------------------------------------------------------------------------
A FRFA is not required for this final rule because it will not have
a significant economic impact on a substantial number of small
entities. As discussed in the Bureau's Section 1022(b)(2) Analysis
above, this final rule does not introduce costs or benefits to covered
persons because it seeks only to clarify the method of threshold
adjustment which has already been established in previous Agency rules.
Therefore this final rule will not have a significant impact on small
entities.
Certification
Accordingly, the Bureau Director, by signing below, certifies that
this final rule will not have a significant economic impact on a
substantial number of small entities.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995,\17\ the
agencies reviewed this final rule. No collections of information
pursuant to the Paperwork Reduction Act are contained in the final
rule.
---------------------------------------------------------------------------
\17\ 44 U.S.C. 3506; 5 CFR 1320.
---------------------------------------------------------------------------
List of Subjects
12 CFR Part 226
Advertising, Consumer protection, Federal Reserve System, Reporting
and recordkeeping requirements, Truth in lending.
12 CFR Part 1026
Advertising, Appraisal, Appraiser, Banking, Banks, Consumer
protection, Credit, Credit unions, Mortgages, National banks, Reporting
and recordkeeping requirements, Savings associations, Truth in lending.
Board of Governors of the Federal Reserve System
Authority and Issuance
For the reasons set forth in the preamble, the Board amends
Regulation Z, 12 CFR part 226, as set forth below:
PART 226--TRUTH IN LENDING (REGULATION Z)
0
1. The authority citation for part 226 continues to read as follows:
Authority: 12 U.S.C. 3806; 15 U.S.C. 1604, 1637(c)(5), and
1639(l); Public Law 111-24, section 2, 123 Stat. 1734; Public Law
111-203, 124 Stat. 1376.
Subpart A--General
0
2. In supplement I to part 226, under Section 226.3--Exempt
Transactions, the entry for 3(b) Credit over applicable threshold
amount is revised to read as follows:
Supplement I to Part 226--Official Staff Interpretations
* * * * *
Subpart A--General
* * * * *
Section 226.3--Exempt Transactions
* * * * *
3(b) Credit over applicable threshold amount.
1. Threshold amount. For purposes of Sec. 226.3(b), the threshold
amount in effect during a particular period is the amount stated in
comment 3(b)-3 for that period. The threshold amount is adjusted
effective January 1 of each year by any annual percentage increase in
the Consumer Price Index for Urban Wage Earners and Clerical Workers
(CPI-W) that was in effect on the preceding June 1. Comment 3(b)-3 will
be amended to provide the threshold amount for the upcoming year after
the annual percentage change in the CPI-W that was in effect on June 1
becomes available. Any increase in the threshold amount will be rounded
to the nearest $100 increment. For example, if the annual percentage
increase in the CPI-W would result in a $950 increase in the threshold
amount, the threshold amount will be increased by $1,000. However, if
the annual percentage increase in the CPI-W would result in a $949
increase in the threshold amount, the threshold amount will be
increased by $900.
2. No increase in the CPI-W. If the CPI-W in effect on June 1 does
not increase from the CPI-W in effect on June 1 of the previous year,
the threshold amount effective the following January 1 through December
31 will not change from the previous year. When this occurs, for the
years that follow, the threshold is calculated based on the annual
percentage change in the CPI-W applied to the dollar amount that would
have resulted, after rounding, if decreases and any subsequent
increases in the CPI-W had been taken into account.
i. Net increases. If the resulting amount calculated, after
rounding, is greater than the current threshold, then the threshold
effective January 1 the following year will increase accordingly.
ii. Net decreases. If the resulting amount calculated, after
rounding, is equal to or less than the current threshold, then the
threshold effective January 1 the following year will not change, but
future increases will be
[[Page 86264]]
calculated based on the amount that would have resulted.
3. Threshold. For purposes of Sec. 226.3(b), the threshold amount
in effect during a particular period is the amount stated below for
that period.
i. Prior to July 21, 2011, the threshold amount is $25,000.
ii. From July 21, 2011 through December 31, 2011, the threshold
amount is $50,000.
iii. From January 1, 2012 through December 31, 2012, the threshold
amount is $51,800.
iv. From January 1, 2013 through December 31, 2013, the threshold
amount is $53,000.
v. From January 1, 2014 through December 31, 2014, the threshold
amount is $53,500.
vi. From January 1, 2015 through December 31, 2015, the threshold
amount is $54,600.
vii. From January 1, 2016 through December 31, 2016, the threshold
amount is $54,600.
viii. From January 1, 2017 through December 31, 2017, the threshold
amount is $54,600.
4. Open-end credit.
i. Qualifying for exemption. An open-end account is exempt under
Sec. 226.3(b) (unless secured by any real property, or by personal
property used or expected to be used as the consumer's principal
dwelling) if either of the following conditions is met:
A. The creditor makes an initial extension of credit at or after
account opening that exceeds the threshold amount in effect at the time
the initial extension is made. If a creditor makes an initial extension
of credit after account opening that does not exceed the threshold
amount in effect at the time the extension is made, the creditor must
have satisfied all of the applicable requirements of this part from the
date the account was opened (or earlier, if applicable), including but
not limited to the requirements of Sec. 226.6 (account-opening
disclosures), Sec. 226.7 (periodic statements), Sec. 226.52
(limitations on fees), and Sec. 226.55 (limitations on increasing
annual percentages rates, fees, and charges). For example:
(1) Assume that the threshold amount in effect on January 1 is
$50,000. On February 1, an account is opened but the creditor does not
make an initial extension of credit at that time. On July 1, the
creditor makes an initial extension of credit of $60,000. In this
circumstance, no requirements of this part apply to the account.
(2) Assume that the threshold amount in effect on January 1 is
$50,000. On February 1, an account is opened but the creditor does not
make an initial extension of credit at that time. On July 1, the
creditor makes an initial extension of credit of $50,000 or less. In
this circumstance, the account is not exempt and the creditor must have
satisfied all of the applicable requirements of this part from the date
the account was opened (or earlier, if applicable).
B. The creditor makes a firm written commitment at account opening
to extend a total amount of credit in excess of the threshold amount in
effect at the time the account is opened with no requirement of
additional credit information for any advances on the account (except
as permitted from time to time with respect to open-end accounts
pursuant to Sec. 226.2(a)(20)).
ii. Subsequent changes generally. Subsequent changes to an open-end
account or the threshold amount may result in the account no longer
qualifying for the exemption in Sec. 226.3(b). In these circumstances,
the creditor must begin to comply with all of the applicable
requirements of this part within a reasonable period of time after the
account ceases to be exempt. Once an account ceases to be exempt, the
requirements of this part apply to any balances on the account. The
creditor, however, is not required to comply with the requirements of
this part with respect to the period of time during which the account
was exempt. For example, if an open-end credit account ceases to be
exempt, the creditor must within a reasonable period of time provide
the disclosures required by Sec. 226.6 reflecting the current terms of
the account and begin to provide periodic statements consistent with
Sec. 226.7. However, the creditor is not required to disclose fees or
charges imposed while the account was exempt. Furthermore, if the
creditor provided disclosures consistent with the requirements of this
part while the account was exempt, it is not required to provide
disclosures required by Sec. 226.6 reflecting the current terms of the
account. See also comment 3(b)-6.
iii. Subsequent changes when exemption is based on initial
extension of credit. If a creditor makes an initial extension of credit
that exceeds the threshold amount in effect at that time, the open-end
account remains exempt under Sec. 226.3(b) regardless of a subsequent
increase in the threshold amount, including an increase pursuant to
Sec. 226.3(b)(1)(ii) as a result of an increase in the CPI-W.
Furthermore, in these circumstances, the account remains exempt even if
there are no further extensions of credit, subsequent extensions of
credit do not exceed the threshold amount, the account balance is
subsequently reduced below the threshold amount (such as through
repayment of the extension), or the credit limit for the account is
subsequently reduced below the threshold amount. However, if the
initial extension of credit on an account does not exceed the threshold
amount in effect at the time of the extension, the account is not
exempt under Sec. 226.3(b) even if a subsequent extension exceeds the
threshold amount or if the account balance later exceeds the threshold
amount (for example, due to the subsequent accrual of interest).
iv. Subsequent changes when exemption is based on firm commitment.
A. General. If a creditor makes a firm written commitment at
account opening to extend a total amount of credit that exceeds the
threshold amount in effect at that time, the open-end account remains
exempt under Sec. 226.3(b) regardless of a subsequent increase in the
threshold amount pursuant to Sec. 226.3(b)(1)(ii) as a result of an
increase in the CPI-W. However, see comment 3(b)-8 with respect to the
increase in the threshold amount from $25,000 to $50,000. If an open-
end account is exempt under Sec. 226.3(b) based on a firm commitment
to extend credit, the account remains exempt even if the amount of
credit actually extended does not exceed the threshold amount. In
contrast, if the firm commitment does not exceed the threshold amount
at account opening, the account is not exempt under Sec. 226.3(b) even
if the account balance later exceeds the threshold amount. In addition,
if a creditor reduces a firm commitment, the account ceases to be
exempt unless the reduced firm commitment exceeds the threshold amount
in effect at the time of the reduction. For example:
(1) Assume that, at account opening in year one, the threshold
amount in effect is $50,000 and the account is exempt under Sec.
226.3(b) based on the creditor's firm commitment to extend $55,000 in
credit. If during year one the creditor reduces its firm commitment to
$53,000, the account remains exempt under Sec. 226.3(b). However, if
during year one the creditor reduces its firm commitment to $40,000,
the account is no longer exempt under Sec. 226.3(b).
(2) Assume that, at account opening in year one, the threshold
amount in effect is $50,000 and the account is exempt under Sec.
226.3(b) based on the creditor's firm commitment to extend $55,000 in
credit. If the threshold amount is $56,000 on January 1 of year six as
a result of increases in the CPI-W, the account remains exempt.
However, if the creditor reduces its firm
[[Page 86265]]
commitment to $54,000 on July 1 of year six, the account ceases to be
exempt under Sec. 226.3(b).
B. Initial extension of credit. If an open-end account qualifies
for a Sec. 226.3(b) exemption at account opening based on a firm
commitment, that account may also subsequently qualify for a Sec.
226.3(b) exemption based on an initial extension of credit. However,
that initial extension must be a single advance in excess of the
threshold amount in effect at the time the extension is made. In
addition, the account must continue to qualify for an exemption based
on the firm commitment until the initial extension of credit is made.
For example:
(1) Assume that, at account opening in year one, the threshold
amount in effect is $50,000 and the account is exempt under Sec.
226.3(b) based on the creditor's firm commitment to extend $55,000 in
credit. The account is not used for an extension of credit during year
one. On January 1 of year two, the threshold amount is increased to
$51,000 pursuant to Sec. 226.3(b)(1)(ii) as a result of an increase in
the CPI-W. On July 1 of year two, the consumer uses the account for an
initial extension of $52,000. As a result of this extension of credit,
the account remains exempt under Sec. 226.3(b) even if, after July 1
of year two, the creditor reduces the firm commitment to $51,000 or
less.
(2) Same facts as in paragraph iv.B(1) above except that the
consumer uses the account for an initial extension of $30,000 on July 1
of year two and for an extension of $22,000 on July 15 of year two. In
these circumstances, the account is not exempt under Sec. 226.3(b)
based on the $30,000 initial extension of credit because that extension
did not exceed the applicable threshold amount ($51,000), although the
account remains exempt based on the firm commitment to extend $55,000
in credit.
(3) Same facts as in paragraph iv.B(1) above except that, on April
1 of year two, the creditor reduces the firm commitment to $50,000,
which is below the $51,000 threshold then in effect. Because the
account ceases to qualify for a Sec. 226.3(b) exemption on April 1 of
year two, the account does not qualify for a Sec. 226.3(b) exemption
based on a $52,000 initial extension of credit on July 1 of year two.
5. Closed-end credit.
i. Qualifying for exemption. A closed-end loan is exempt under
Sec. 226.3(b) (unless the extension of credit is secured by any real
property, or by personal property used or expected to be used as the
consumer's principal dwelling; or is a private education loan as
defined in Sec. 226.46(b)(5)), if either of the following conditions
is met.
A. The creditor makes an extension of credit at consummation that
exceeds the threshold amount in effect at the time of consummation. In
these circumstances, the loan remains exempt under Sec. 226.3(b) even
if the amount owed is subsequently reduced below the threshold amount
(such as through repayment of the loan).
B. The creditor makes a commitment at consummation to extend a
total amount of credit in excess of the threshold amount in effect at
the time of consummation. In these circumstances, the loan remains
exempt under Sec. 226.3(b) even if the total amount of credit extended
does not exceed the threshold amount.
ii. Subsequent changes. If a creditor makes a closed-end extension
of credit or commitment to extend closed-end credit that exceeds the
threshold amount in effect at the time of consummation, the closed-end
loan remains exempt under Sec. 226.3(b) regardless of a subsequent
increase in the threshold amount. However, a closed-end loan is not
exempt under Sec. 226.3(b) merely because it is used to satisfy and
replace an existing exempt loan, unless the new extension of credit is
itself exempt under the applicable threshold amount. For example,
assume a closed-end loan that qualified for a Sec. 226.3(b) exemption
at consummation in year one is refinanced in year ten and that the new
loan amount is less than the threshold amount in effect in year ten. In
these circumstances, the creditor must comply with all of the
applicable requirements of this part with respect to the year ten
transaction if the original loan is satisfied and replaced by the new
loan, which is not exempt under Sec. 226.3(b). See also comment 3(b)-
6.
6. Addition of a security interest in real property or a dwelling
after account opening or consummation.
i. Open-end credit. For open-end accounts, if, after account
opening, a security interest is taken in real property, or in personal
property used or expected to be used as the consumer's principal
dwelling, a previously exempt account ceases to be exempt under Sec.
226.3(b) and the creditor must begin to comply with all of the
applicable requirements of this part within a reasonable period of
time. See comment 3(b)-4.ii. If a security interest is taken in the
consumer's principal dwelling, the creditor must also give the consumer
the right to rescind the security interest consistent with Sec.
226.15.
ii. Closed-end credit. For closed-end loans, if, after
consummation, a security interest is taken in any real property, or in
personal property used or expected to be used as the consumer's
principal dwelling, an exempt loan remains exempt under Sec. 226.3(b).
However, the addition of a security interest in the consumer's
principal dwelling is a transaction for purposes of Sec. 226.23, and
the creditor must give the consumer the right to rescind the security
interest consistent with that section. See Sec. 226.23(a)(1) and the
accompanying commentary. In contrast, if a closed-end loan that is
exempt under Sec. 226.3(b) is satisfied and replaced by a loan that is
secured by any real property, or by personal property used or expected
to be used as the consumer's principal dwelling, the new loan is not
exempt under Sec. 226.3(b) and the creditor must comply with all of
the applicable requirements of this part. See comment 3(b)-5.
7. Application to extensions secured by mobile homes. Because a
mobile home can be a dwelling under Sec. 226.2(a)(19), the exemption
in Sec. 226.3(b) does not apply to a credit extension secured by a
mobile home that is used or expected to be used as the principal
dwelling of the consumer. See comment 3(b)-6.
8. Transition rule for open-end accounts exempt prior to July 21,
2011. Section 226.3(b)(2) applies only to open-end accounts opened
prior to July 21, 2011. Section 226.3(b)(2) does not apply if a
security interest is taken by the creditor in any real property, or in
personal property used or expected to be used as the consumer's
principal dwelling. If, on July 20, 2011, an open-end account is exempt
under Sec. 226.3(b) based on a firm commitment to extend credit in
excess of $25,000, the account remains exempt under Sec. 226.3(b)(2)
until December 31, 2011 (unless the firm commitment is reduced to
$25,000 or less). If the firm commitment is increased on or before
December 31, 2011 to an amount in excess of $50,000, the account
remains exempt under Sec. 226.3(b)(1) regardless of subsequent
increases in the threshold amount as a result of increases in the CPI-
W. If the firm commitment is not increased on or before December 31,
2011 to an amount in excess of $50,000, the account ceases to be exempt
under Sec. 226.3(b) based on a firm commitment to extend credit. For
example:
i. Assume that, on July 20, 2011, the account is exempt under Sec.
226.3(b) based on the creditor's firm commitment to extend $30,000 in
credit. On November 1, 2011, the creditor increases the firm commitment
on the account to $55,000. In these circumstances, the account remains
[[Page 86266]]
exempt under Sec. 226.3(b)(1) regardless of subsequent increases in
the threshold amount as a result of increases in the CPI-W.
ii. Same facts as paragraph i. above except, on November 1, 2011,
the creditor increases the firm commitment on the account to $40,000.
In these circumstances, the account ceases to be exempt under Sec.
226.3(b)(2) after December 31, 2011, and the creditor must begin to
comply with the applicable requirements of this part.
* * * * *
Bureau of Consumer Financial Protection
Authority and Issuance
For the reasons set forth in the preamble, the Bureau amends
Regulation Z, 12 CFR part 1026, as set forth below:
PART 1026--TRUTH IN LENDING (REGULATION Z)
0
3. 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.
0
4. In supplement I to part 1026, under Section 1026.3--Exempt
Transactions, the entry for 3(b)--Credit Over Applicable Threshold
Amount is revised to read as follows:
Supplement I to Part 1026--Official Interpretations
* * * * *
Subpart A--General
* * * * *
Section 1026.3--Exempt Transactions
* * * * *
3(b) Credit Over Applicable Threshold Amount
1. Threshold amount. For purposes of Sec. 1026.3(b), the threshold
amount in effect during a particular period is the amount stated in
comment 3(b)-3 below for that period. The threshold amount is adjusted
effective January 1 of each year by any annual percentage increase in
the Consumer Price Index for Urban Wage Earners and Clerical Workers
(CPI-W) that was in effect on the preceding June 1. Comment 3(b)-3 will
be amended to provide the threshold amount for the upcoming year after
the annual percentage change in the CPI-W that was in effect on June 1
becomes available. Any increase in the threshold amount will be rounded
to the nearest $100 increment. For example, if the annual percentage
increase in the CPI-W would result in a $950 increase in the threshold
amount, the threshold amount will be increased by $1,000. However, if
the annual percentage increase in the CPI-W would result in a $949
increase in the threshold amount, the threshold amount will be
increased by $900.
2. No increase in the CPI-W. If the CPI-W in effect on June 1 does
not increase from the CPI-W in effect on June 1 of the previous year,
the threshold amount effective the following January 1 through December
31 will not change from the previous year. When this occurs, for the
years that follow, the threshold is calculated based on the annual
percentage change in the CPI-W applied to the dollar amount that would
have resulted, after rounding, if decreases and any subsequent
increases in the CPI-W had been taken into account.
i. Net increases. If the resulting amount calculated, after
rounding, is greater than the current threshold, then the threshold
effective January 1 the following year will increase accordingly.
ii. Net decreases. If the resulting amount calculated, after
rounding, is equal to or less than the current threshold, then the
threshold effective January 1 the following year will not change, but
future increases will be calculated based on the amount that would have
resulted.
3. Threshold. For purposes of Sec. 1026.3(b), the threshold amount
in effect during a particular period is the amount stated below for
that period.
i. Prior to July 21, 2011, the threshold amount is $25,000.
ii. From July 21, 2011 through December 31, 2011, the threshold
amount is $50,000.
iii. From January 1, 2012 through December 31, 2012, the threshold
amount is $51,800.
iv. From January 1, 2013 through December 31, 2013, the threshold
amount is $53,000.
v. From January 1, 2014 through December 31, 2014, the threshold
amount is $53,500.
vi. From January 1, 2015 through December 31, 2015, the threshold
amount is $54,600.
vii. From January 1, 2016 through December 31, 2016, the threshold
amount is $54,600.
viii. From January 1, 2017 through December 31, 2017, the threshold
amount is $54,600.
4. Open-end credit. i. Qualifying for exemption. An open-end
account is exempt under Sec. 1026.3(b) (unless secured by real
property, or by personal property used or expected to be used as the
consumer's principal dwelling) if either of the following conditions is
met:
A. The creditor makes an initial extension of credit at or after
account opening that exceeds the threshold amount in effect at the time
the initial extension is made. If a creditor makes an initial extension
of credit after account opening that does not exceed the threshold
amount in effect at the time the extension is made, the creditor must
have satisfied all of the applicable requirements of this part from the
date the account was opened (or earlier, if applicable), including but
not limited to the requirements of Sec. 1026.6 (account-opening
disclosures), Sec. 1026.7 (periodic statements), Sec. 1026.52
(limitations on fees), and Sec. 1026.55 (limitations on increasing
annual percentage rates, fees, and charges). For example:
1. Assume that the threshold amount in effect on January 1 is
$50,000. On February 1, an account is opened but the creditor does not
make an initial extension of credit at that time. On July 1, the
creditor makes an initial extension of credit of $60,000. In this
circumstance, no requirements of this part apply to the account.
2. Assume that the threshold amount in effect on January 1 is
$50,000. On February 1, an account is opened but the creditor does not
make an initial extension of credit at that time. On July 1, the
creditor makes an initial extension of credit of $50,000 or less. In
this circumstance, the account is not exempt and the creditor must have
satisfied all of the applicable requirements of this part from the date
the account was opened (or earlier, if applicable).
B. The creditor makes a firm written commitment at account opening
to extend a total amount of credit in excess of the threshold amount in
effect at the time the account is opened with no requirement of
additional credit information for any advances on the account (except
as permitted from time to time with respect to open-end accounts
pursuant to Sec. 1026.2(a)(20)).
ii. Subsequent changes generally. Subsequent changes to an open-end
account or the threshold amount may result in the account no longer
qualifying for the exemption in Sec. 1026.3(b). In these
circumstances, the creditor must begin to comply with all of the
applicable requirements of this part within a reasonable period of time
after the account ceases to be exempt. Once an account ceases to be
exempt, the requirements of this part apply to any balances on the
account. The creditor, however, is not required to comply with the
requirements of this part with respect to the period of time
[[Page 86267]]
during which the account was exempt. For example, if an open-end credit
account ceases to be exempt, the creditor must within a reasonable
period of time provide the disclosures required by Sec. 1026.6
reflecting the current terms of the account and begin to provide
periodic statements consistent with Sec. 1026.7. However, the creditor
is not required to disclose fees or charges imposed while the account
was exempt. Furthermore, if the creditor provided disclosures
consistent with the requirements of this part while the account was
exempt, it is not required to provide disclosures required by Sec.
1026.6 reflecting the current terms of the account. See also comment
3(b)-6.
iii. Subsequent changes when exemption is based on initial
extension of credit. If a creditor makes an initial extension of credit
that exceeds the threshold amount in effect at that time, the open-end
account remains exempt under Sec. 1026.3(b) regardless of a subsequent
increase in the threshold amount, including an increase pursuant to
Sec. 1026.3(b)(1)(ii) as a result of an increase in the CPI-W.
Furthermore, in these circumstances, the account remains exempt even if
there are no further extensions of credit, subsequent extensions of
credit do not exceed the threshold amount, the account balance is
subsequently reduced below the threshold amount (such as through
repayment of the extension), or the credit limit for the account is
subsequently reduced below the threshold amount. However, if the
initial extension of credit on an account does not exceed the threshold
amount in effect at the time of the extension, the account is not
exempt under Sec. 1026.3(b) even if a subsequent extension exceeds the
threshold amount or if the account balance later exceeds the threshold
amount (for example, due to the subsequent accrual of interest).
iv. Subsequent changes when exemption is based on firm commitment.
A. General. If a creditor makes a firm written commitment at account
opening to extend a total amount of credit that exceeds the threshold
amount in effect at that time, the open-end account remains exempt
under Sec. 1026.3(b) regardless of a subsequent increase in the
threshold amount pursuant to Sec. 1026.3(b)(1)(ii) as a result of an
increase in the CPI-W. However, see comment 3(b)-8 with respect to the
increase in the threshold amount from $25,000 to $50,000. If an open-
end account is exempt under Sec. 1026.3(b) based on a firm commitment
to extend credit, the account remains exempt even if the amount of
credit actually extended does not exceed the threshold amount. In
contrast, if the firm commitment does not exceed the threshold amount
at account opening, the account is not exempt under Sec. 1026.3(b)
even if the account balance later exceeds the threshold amount. In
addition, if a creditor reduces a firm commitment, the account ceases
to be exempt unless the reduced firm commitment exceeds the threshold
amount in effect at the time of the reduction. For example:
1. Assume that, at account opening in year one, the threshold
amount in effect is $50,000 and the account is exempt under Sec.
1026.3(b) based on the creditor's firm commitment to extend $55,000 in
credit. If during year one the creditor reduces its firm commitment to
$53,000, the account remains exempt under Sec. 1026.3(b). However, if
during year one the creditor reduces its firm commitment to $40,000,
the account is no longer exempt under Sec. 1026.3(b).
2. Assume that, at account opening in year one, the threshold
amount in effect is $50,000 and the account is exempt under Sec.
1026.3(b) based on the creditor's firm commitment to extend $55,000 in
credit. If the threshold amount is $56,000 on January 1 of year six as
a result of increases in the CPI-W, the account remains exempt.
However, if the creditor reduces its firm commitment to $54,000 on July
1 of year six, the account ceases to be exempt under Sec. 1026.3(b).
B. Initial extension of credit. If an open-end account qualifies
for a Sec. 1026.3(b) exemption at account opening based on a firm
commitment, that account may also subsequently qualify for a Sec.
1026.3(b) exemption based on an initial extension of credit. However,
that initial extension must be a single advance in excess of the
threshold amount in effect at the time the extension is made. In
addition, the account must continue to qualify for an exemption based
on the firm commitment until the initial extension of credit is made.
For example:
1. Assume that, at account opening in year one, the threshold
amount in effect is $50,000 and the account is exempt under Sec.
1026.3(b) based on the creditor's firm commitment to extend $55,000 in
credit. The account is not used for an extension of credit during year
one. On January 1 of year two, the threshold amount is increased to
$51,000 pursuant to Sec. 1026.3(b)(1)(ii) as a result of an increase
in the CPI-W. On July 1 of year two, the consumer uses the account for
an initial extension of $52,000. As a result of this extension of
credit, the account remains exempt under Sec. 1026.3(b) even if, after
July 1 of year two, the creditor reduces the firm commitment to $51,000
or less.
2. Same facts as in paragraph iv.B.1 above except that the consumer
uses the account for an initial extension of $30,000 on July 1 of year
two and for an extension of $22,000 on July 15 of year two. In these
circumstances, the account is not exempt under Sec. 1026.3(b) based on
the $30,000 initial extension of credit because that extension did not
exceed the applicable threshold amount ($51,000), although the account
remains exempt based on the firm commitment to extend $55,000 in
credit.
3. Same facts as in paragraph iv.B.1 above except that, on April 1
of year two, the creditor reduces the firm commitment to $50,000, which
is below the $51,000 threshold then in effect. Because the account
ceases to qualify for a Sec. 1026.3(b) exemption on April 1 of year
two, the account does not qualify for a Sec. 1026.3(b) exemption based
on a $52,000 initial extension of credit on July 1 of year two.
5. Closed-end credit. i. Qualifying for exemption. A closed-end
loan is exempt under Sec. 1026.3(b) (unless the extension of credit is
secured by real property, or by personal property used or expected to
be used as the consumer's principal dwelling; or is a private education
loan as defined in Sec. 1026.46(b)(5)), if either of the following
conditions is met:
A. The creditor makes an extension of credit at consummation that
exceeds the threshold amount in effect at the time of consummation. In
these circumstances, the loan remains exempt under Sec. 1026.3(b) even
if the amount owed is subsequently reduced below the threshold amount
(such as through repayment of the loan).
B. The creditor makes a commitment at consummation to extend a
total amount of credit in excess of the threshold amount in effect at
the time of consummation. In these circumstances, the loan remains
exempt under Sec. 1026.3(b) even if the total amount of credit
extended does not exceed the threshold amount.
ii. Subsequent changes. If a creditor makes a closed-end extension
of credit or commitment to extend closed-end credit that exceeds the
threshold amount in effect at the time of consummation, the closed-end
loan remains exempt under Sec. 1026.3(b) regardless of a subsequent
increase in the threshold amount. However, a closed-end loan is not
exempt under Sec. 1026.3(b) merely because it is used to satisfy and
replace an existing exempt loan, unless the new extension of credit is
itself exempt under the applicable threshold amount. For example,
assume a closed-end loan that qualified for a
[[Page 86268]]
Sec. 1026.3(b) exemption at consummation in year one is refinanced in
year ten and that the new loan amount is less than the threshold amount
in effect in year ten. In these circumstances, the creditor must comply
with all of the applicable requirements of this part with respect to
the year ten transaction if the original loan is satisfied and replaced
by the new loan, which is not exempt under Sec. 1026.3(b). See also
comment 3(b)-6.
6. Addition of a security interest in real property or a dwelling
after account opening or consummation. i. Open-end credit. For open-end
accounts, if after account opening a security interest is taken in real
property, or in personal property used or expected to be used as the
consumer's principal dwelling, a previously exempt account ceases to be
exempt under Sec. 1026.3(b) and the creditor must begin to comply with
all of the applicable requirements of this part within a reasonable
period of time. See comment 3(b)-4.ii. If a security interest is taken
in the consumer's principal dwelling, the creditor must also give the
consumer the right to rescind the security interest consistent with
Sec. 1026.15.
ii. Closed-end credit. For closed-end loans, if after consummation
a security interest is taken in real property, or in personal property
used or expected to be used as the consumer's principal dwelling, an
exempt loan remains exempt under Sec. 1026.3(b). However, the addition
of a security interest in the consumer's principal dwelling is a
transaction for purposes of Sec. 1026.23, and the creditor must give
the consumer the right to rescind the security interest consistent with
that section. See Sec. 1026.23(a)(1) and its commentary. In contrast,
if a closed-end loan that is exempt under Sec. 1026.3(b) is satisfied
and replaced by a loan that is secured by real property, or by personal
property used or expected to be used as the consumer's principal
dwelling, the new loan is not exempt under Sec. 1026.3(b), and the
creditor must comply with all of the applicable requirements of this
part. See comment 3(b)-5.
7. Application to extensions secured by mobile homes. Because a
mobile home can be a dwelling under Sec. 1026.2(a)(19), the exemption
in Sec. 1026.3(b) does not apply to a credit extension secured by a
mobile home that is used or expected to be used as the principal
dwelling of the consumer. See comment 3(b)-6.
8. Transition rule for open-end accounts exempt prior to July 21,
2011. Section 1026.3(b)(2) applies only to open-end accounts opened
prior to July 21, 2011. Section 1026.3(b)(2) does not apply if a
security interest is taken by the creditor in real property, or in
personal property used or expected to be used as the consumer's
principal dwelling. If, on July 20, 2011, an open-end account is exempt
under Sec. 1026.3(b) based on a firm commitment to extend credit in
excess of $25,000, the account remains exempt under Sec. 1026.3(b)(2)
until December 31, 2011 (unless the firm commitment is reduced to
$25,000 or less). If the firm commitment is increased on or before
December 31, 2011 to an amount in excess of $50,000, the account
remains exempt under Sec. 1026.3(b)(1) regardless of subsequent
increases in the threshold amount as a result of increases in the CPI-
W. If the firm commitment is not increased on or before December 31,
2011 to an amount in excess of $50,000, the account ceases to be exempt
under Sec. 1026.3(b) based on a firm commitment to extend credit. For
example:
i. Assume that, on July 20, 2011, the account is exempt under Sec.
1026.3(b) based on the creditor's firm commitment to extend $30,000 in
credit. On November 1, 2011, the creditor increases the firm commitment
on the account to $55,000. In these circumstances, the account remains
exempt under Sec. 1026.3(b)(1) regardless of subsequent increases in
the threshold amount as a result of increases in the CPI-W.
ii. Same facts as paragraph i above except, on November 1, 2011,
the creditor increases the firm commitment on the account to $40,000.
In these circumstances, the account ceases to be exempt under Sec.
1026.3(b)(2) after December 31, 2011, and the creditor must begin to
comply with the applicable requirements of this part.
* * * * *
By order of the Board of Governors of the Federal Reserve
System, November 17, 2016.
Robert deV. Frierson,
Secretary of the Board.
Dated: November 7, 2016.
Richard Cordray,
Director, Bureau of Consumer Financial Protection.
[FR Doc. 2016-28718 Filed 11-29-16; 8:45 am]
BILLING CODE 6210-01-4810-AM-P