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FEDERAL RESERVE BANK OF NEW YORK Circular No. 10846 "I April 8, 1996 [ REGULATION Z — TRUTH IN LENDING Changes in Official Staff Commentary To All Depository Institutions, and Others Concerned, in the Second Federal Reserve District: Following is the text of a statement issued by the Board of Governors of the Federal Reserve District: The Federal Reserve Board has published final revisions to its official staff commentary to Regulation Z, Truth in Lending. The changes provide guidance mainly on issues relating to reverse mortgages and mortgages bearing rates above a certain percentage or fees above a certain amount. The update also addresses issues of general interest, such as card issuer’s responsibilities when a cardholder asserts a claim or defense relating to a merchant dispute. The final rule is effective April 1, 1996. However, compliance is optional until October 1, 1996. Enclosed — for depository institutions and others who maintain sets of the Board’s regula tions — is a copy of the revisions to the Regulation Z Official Staff Commentary, as published in the F ederal R eg ister of April 4. Note that the F ederal R eg ister is accessible on the Internet, at “http://www.access.gpo.gov/”. Copies may also be obtained from the Circulars Division (Tel. No. 212-720-5215; FAX No. 212-720-6767). Questions on this matter may be directed to our Compliance Examinations Department (Tel. No. 212-720-5914). W il l ia m J. M cD onough, P resident. Thursday April 4,1996 Federal Reserve System 12 CFR Part 226 Regulation Z Official Staff Commentary Amendments eff. 4/1/96 Printed in New York, from F e d e r a l R e g i s t e r , Internet address http://www.access.gpo.gov/ [Enc. Cir. No. 10846] 14952 Federal Register / Vol. 61, No. 66 / Thursday, April 4, 1996 / Rules and Regulations 452-2412. For users of Telecommunications Device for the Deaf (TDD) only, please contact Dorthea Thompson, at (202) 452-3544. SUPPLEMENTARY INFORMATION: FEDERAL RESERVE SYSTEM 12 CFR Part 226 [Regulation Z; Docket No. R-0903] Truth in Lending Board of Governors of the Federal Reserve System. ACTION: Final rule; official staff interpretation. AGENCY: SUMMARY: The Board is publishing revisions to the official staff commentary to Regulation Z (Truth in Lending). The commentary applies and interprets the requirements of Regulation Z. The revisions provide guidance mainly on issues relating to reverse mortgages and mortgages bearing rates above a certain percentage or fees above a certain amount. The update also addresses issues of general interest, such as a card issuer’s responsibilities when a cardholder asserts a claim or defense relating to a merchant dispute. DATES: This rule is effective April 1, 1996. Compliance is optional until October 1, 1996. FOR FURTHER INFORMATION CONTACT: For Subparts A and B (open-end credit), Jane Ahrens, Senior Attorney or Jane Jensen Gell, Staff Attorney; for Subparts A, C and E (closed-end credit, reverse mortgages, and mortgages bearing rates or fees above a certain percentage or amount), Ms. Ahrens or Michael Hentrel, Kurt Schumacher, or Manley Williams, Staff Attorneys, Division of Consumer and Community Affairs, Board of Governors of the Federal Reserve System, at (202) 452-3667 or I. Background The purpose of the Truth in Lending Act (TILA; 15 U.S.C. 1601 et seq.) is to promote the informed use of consumer credit by requiring disclosures about its terms and cost. The act requires creditors to disclose credit terms and the cost of credit as an annual percentage rate (APR). The act requires additional disclosures for loans secured . . by a consumer’s home, and permits consumers to cancel certain transactions r that involve their principal dwelling. It also imposes limitations on some credit « I transactions secured by a consumer’s principal dwelling. The act is H implemented by the Board’s Regulation Z (12 CFR part 226). The Board also has *■ >1 an official staff commentary (12 CFR V part 226 (Supp. I)) that interprets the regulation, and provides guidance to ¥I creditors in applying the regulation to specific transactions. It is updated periodically to address significant questions that arise, and is a substitute for individual staff interpretations. In December, the Board published proposed amendments to the commentary to Regulation Z (60 FR 62764, December 7, 1995). The Board received about 120 comments. Nearly 75 percent of the comments received were from financial institutions, mortgage lenders, credit or guarantee automobile protection (GAP) insurance providers, pawnbrokers or other creditors (or thenV representatives); the remainder were from consumer representatives, government officials, lawyers and individuals. Overall, commenters generally supported the proposed amendments. Views were mixed on a number of comments. In particular, nearly 60 percent of the commenters addressed the comment treating certain debt cancellation agreements as finance charges; most opposed the proposal. Except as discussed below, the update has been adopted as proposed. Technical amendments to proposed comments that respond to commenters’ suggestions or concerns are not specifically addressed in these supplementary materials. Compliance with the commentary update is mandatory on October 1, 1996. The revisions mainly incorporate guidance given in the supplementary information that accompanied an amendment to Regulation Z implementing the Home Ownership and Equity Protection Act of 1994 (HOEPA), 1 Federal Register / Vol. 61, No. 66 / Thursday, April 4, 1996 / Rules and Regulations contained in the Riegle Community Development and Regulatory Improvement Act of 1994, Pub. L. 1OS325, 108 Stat. 2160. These amendments, K» published on March 24, 1995, and which became effective the following October 1, impose new disclosure requirements and substantive » limitations on certain closed-end mortgage loans bearing rates or fees * above a certain percentage or amount (60 FR 15463). The amendments also ** impose new disclosure requirements for reverse mortgage transactions. The update does not reflect changes to the commentary regarding recent * amendments to the TILA concerning finance charge disclosures for home mortgage loans. The Truth in Lending Act Amendments of 1995 (1995 Amendments, Pub. L. 104-29, 109 Stat. 271) clarify the treatment of several fees typically associated with real estaterelated lending. Some provisions exclude certain real estate related 4 closing costs from the finance charge, which generally codify interpretations * already provided in this commentary. One provision categorizes all brokers - fees paid by the consumer to the broker (or to the creditor for delivery to the * broker) as finance charges. The 1995 Amendments also revise tolerances for finance charge calculations for loans secured by real estate or dwellings. The Board expects to publish proposed amendments to Regulation Z implementing the 1995 Amendments; corresponding revisions to the commentary will be proposed as part of , that rulemaking. II. Commentary Revisions Subpart A—General Section 226.4—Finance Charge 4(a) Definition The Board received a substantial number of comments regarding proposed comment 4(a)-8, which addressed the treatment of fees charged in connection with debt cancellation agreements. Many commenters believed that debt cancellation fees should be treated as insurance premiums under § 226.4(d), which allows a creditor to exclude optional credit life and certain property insurance premiums from the finance charge if the creditor meets certain conditions, including disclosure of the premium. As proposed, the comment sought to clarify that, under the existing regulation, debt cancellation fees can be excluded from the finance charge only if they are “insurance” and all the requirements of § 226.4(d) are satisfied. The Board has not defined the term “insurance” for 14953 responding to a cardholder’s right to purposes of the rules governing assert a claim or defense. insurance premiums in § 226.4(d), but Comment 12(c)(2)-2 provides has instead deferred to state law. The proposed comment was consistent with guidance on when a card issuer may consider a dispute settled for purposes this approach. The comments, mostly from creditors of reporting an amount in dispute as delinquent. Several commenters or their trade associations, expressed concern about the need to determine on expressed concern that the proposed comment would not permit card issuers a state-by-state basis whether debt to terminate the investigation if the cancellation fees should be treated as insurance premiums. Many commenters cardholder fails to respond to requests believed that a state law analysis would for information the card issuer can create a lack of uniformity in measuring reasonably obtain only from the cardholder. A sentence has been added the cost of credit, contrary to the to clarify that in conducting an purposes of the TILA, because debt investigation, a card issuer’s lack of cancellation fees would be included in knowledge resulting from the the finance charge and APR in some cardholder’s failure or refusal to comply states and not in others. Several with a particular request may be used as commenters expressed concern about potential liability if state law is unclear. a factor in resolving the dispute. Card issuers cannot satisfy the In response to these concerns, the requirement to conduct a reasonable proposed comment regarding debt investigation by accepting a merchant’s cancellation fees has been withdrawn. view of the dispute without also giving The issues raised by the commenters the cardholder an opportunity to regarding equal treatment of such fees would be better addressed in the context respond. The comment clarifies that a reasonable investigation includes an of a regulatory amendment; it is independent assessment of the anticipated that a proposed rule cardholder’s claim based on information governing debt cancellation fees would from both the merchant and the be considered along with proposed cardholder, if possible. The card issuer’s regulations to implement the 1995 dispute resolution experience, if any, Amendments. with the merchant would be a factor in Subpart B—Open-End Credit that assessment. Comment 12(c)(2)-l also has been Section 226.6—Initial Disclosure revised to clarify that a card issuer may Statement continue its normal collection activities for the portion of the balance that is 6(b) Other Charges delinquent and undisputed. Some Comment 6(b)-1 clarifies that a commenters believed that the regulation membership fee to join an organization would permit card issuers to begin is an “other charge” if the primary collection actions on an amount in benefit of membership is the dispute. Although the card issuer is not opportunity to apply for a credit card prohibited from undertaking its normal and other benefits are merely incidental. collection activities for delinquent The comment clarifies that creditors accounts, amounts in dispute are not cannot avoid disclosing a fee as an considered delinquent. “other charge” by characterizing the fee One commenter recommended that as one entitling the consumer to belong consumers be given notice of their rights to an organization, if the organization under the claims and defenses has no substantive benefits other than provision. Such a notice requirement obtaining the credit. If an independent would be better addressed in the context organization and a card issuer enter into of a regulatory amendment. an agreement offering the opportunity to Section 226.14—Determination of apply for a credit card as one of several Annual Percentage Rate benefits of membership in the organization, these benefits would 14(c) Annual Percentage Rate for generally not be considered to be merely Periodic Statements incidental to the credit feature. Comment 14(c)-10 provides guidance Section 226.12—Special Credit Card on calculating the APR on periodic Rules statements when a transaction occurs at the end of one cycle, but is posted to the 12(c) Right of Cardholder To Assert account in a subsequent cycle. The Claims or Defenses Against Card Issuer comment clarifies how creditors using 12 (c) (2) Adverse Credit Reports the date of the transaction to Figure Prohibited finance charges calculate the APR to reflect the delay in posting. Creditors Comments 12(c)(2)-l and -2 address using the posting date to calculate a card issuer’s responsibilities in 14954 Federal Register / Vol. 61, No. 66 / Thursday, April 4, 1996 / Rules and Regulations finance charges are not affected by the comment. Creditors that calculate the APR in accord with comment 14(c)-10 for the billing cycle in which the transaction is posted need not furnish an amended statement for the previous cycle to reflect the missing transaction. Subpart C—Closed-End Credit Section 17—General Disclosure Requirements 17(c) Basis of Disclosure and Use of Estimates Paragraph 17(c)(1) Comment 17(c)(l)-10 is revised to clarify that if a contract for a variablerate transaction provides for a delay in implementing changes in index values, the creditor may use any index in effect during the delay period. The last paragraph has been renumbered, and the first sentence in that paragraph is revised for clarity. Comment 17(c)(1)—18 addresses pawn transactions. The comment clarifies that the term creditor may include pawnbrokers. The comment is adopted as proposed; it covers extensions of credit by pledging an item, or by selling an item with the opportunity to repurchase (which occurs seventy-five percent or more of the time, in the Board’s understanding). Section 226.18 requires that creditors make certain disclosures as applicable, and this comment clarifies how some of the items required to be disclosed under § 226.18 (such as the amount financed, the finance charge, and the annual percentage rate) should be disclosed in a pawn transaction. The comment also provides guidance on when a separate itemization of the amount financed must be disclosed, and how to calculate the finance charge when fees are charged. Section 18—Content of Disclosures the creditor without itemizing or noting this fact. Concern is raised about the appropriateness of such treatment under the TILA where a substantial portion of a fee categorized as “amounts paid to others,” is in fact retained by the creditor. Accordingly, a sentence has been added to clarify that given the flexibility in itemizing the amount financed, creditors may reflect that they have retained a portion of the “amount paid to others’’ rather than disclosing the specific amount retained. comment 31 (d)—1, which provides that where there is a change in terms of disclosures labelled as estimates redisclosure is required. Further, language from the supplemental information accompanying the proposal has been added to clarify that a change in terms may result from a formal written agreement or otherwise. 31 (c)(1) (ii) Telephone Disclosures Based on comment and upon further analysis, comment 31 (c) (1) (ii)—1, as adopted, uses business days for Section 226.20—Subsequent Disclosure purposes of rescission, which is Requirements consistent with other timing 20(a) Refinancings requirements in § 226.31. The proposal would have allowed creditors to use Comment 20(a)-3, as proposed, calendar days to calculate the timing clarified that changing the index on a requirements for telephone disclosures variable-rate transaction does not which are permitted when a consumer require new disclosures to consumers. initiates a change in terms. Upon further analysis, the final comment provides that changing the 31 (c)(1) (iii) Consumer’s Waiver of index to a comparable index does not Waiting Period Before Consummation require new disclosures, whether the Comment 31 (c)(1) (iii)—1 provides change replaces the existing index or guidance on circumstances in which the substitutes an index for one that no consumer may modify or waive the right longer exists. to the three day waiting period to meet bona fide personal financial Subpart E—Special Rules for Certain emergencies. Language has been added Home Mortgage Transactions to clarify that the impending sale of the Section 226.31—General Rules consumer’s home at foreclosure is an example of a bona fide personal 31 (c) Timing of Disclosures financial emergency where foreclosure 31(c)(1) Disclosures for Certain Closed- would occur during the three-day End Home Mortgages waiting period. Comment 31(c)(l)-l clarifies that for 31 (c) (2) Disclosures for Reverse purposes of § 226.32, disclosures are Mortgages furnished (that is, delivered) when To achieve consistency with other received by the consumer, not when timing rules in §226.31, comment mailed by the creditor. The majority of 31(c)(2)-l clarifies that for purposes of the commenters opposed the proposal. providing reverse mortgage disclosures Some suggested that the Board follow to consumers, creditors are to use the the timing requirements of § 226.19(a), definition of “business day” found in which allows creditors to provide comment 31(c)(l)-2. certain disclosures by mail. The timing rules in §§ 226.19(a) and 226.31 differ; 31 (d) Basis of Disclosures and Use of however, the HOEPA requires a Estimates different interpretation of § 226.31(c)(1). Comment 31(d)-l, as adopted, 18(c) Itemization of Amount Financed The HOEPA’s disclosure scheme is clarifies that, for purposes of Subpart E, intended to ensure that consumers who Paragraph 18(c)(l)(iii) the rule in §226.31(c)(l)(i) requiring have applied for a loan covered by Comment 18(c) (1) (iii)—2 concerns the new disclosures when creditors change § 226.32 are provided with basic cost treatment of certain charges, such as terms also applies to disclosures marked information about the impending finder’s fees or commissions, that may as estimates. transaction, and have a period of time sometimes be added to a fee charged by to consider whether to complete the Section 226.32—Requirements for a third party for services such as transaction. Certain Closed-End Home Mortgages extended warranties and service Comment 31(c)(l)-2 clarifies that contracts on automobiles. The comment while the definition of business days is 32(a) Coverage offers guidance on how creditors may the same as that for the right of Paragraph 32 (a) (1) (ii) itemize and disclose the amount rescission, the timing rules differ. Comment 32(a)(l)(ii)-l, as adopted, charged for the service (including any includes an additional example amount the creditor may have retained). 31(c) (l)(i) Change in Terms Comment 31 (c)(1) (i)-l addresses a illustrating the calculation of “total loan For the most part, commenters agreed amount.” with the Board’s proposed treatment. As creditor’s duty to provide new Creditors must follow the rules in § 226.32(c) disclosures after a change in proposed, the comment stated that a § 226.32 if the total points and fees terms. As adopted, the comment creditor could include in the “amount payable by the consumer at or before paid to others,” any amount retained by incorporates the substance of proposed Federal Register / Vol. 61, No. 66 / Thursday, April 4, 1996 / Rules and Regulations loan closing exceed the greater of $400 or 8 percent of the total loan amount. The Board is required to adjust the $400 amount each year. Comment 32(a)(l)(ii)-2 states the adjusted amount for 1996 ($412), and addresses how the Board calculates the adjustment. f 32(c)(3) Regular Paymen t The substance of comments 32(c)(3)1 and 32(c)(3)-2 are adopted as proposed, but the comments have been combined and reorganized to state more precisely the general rule and exceptions to that rule. The comment clarifies that creditors may rely on the rules in § 226.18(g) for determining the regular payment, with one exception. Section 18(g) provides flexibility to creditors in reflecting optional amounts such as voluntary credit life insurance in the payment schedule. Language has been added to clarify that only optional amounts to which the consumer has agreed at the time the disclosures are given may be disclosed as a part of the regular payment. 32(d) Limitations 32(d)(2) Negative Amortization Comment 32(d)(2)-l has been modified to clarify the interpretation of the prohibition against including negative amortization in a mortgage covered by § 226.32. List of Subjects in 12 CFR Part 226 Advertising, Banks, Banking, Consumer protection, Credit, Federal *■ Reserve System, Mortgages, Reporting and recordkeeping requirements, Truth in lending. For the reasons set forth in the the Board IN amends 12 CFR * preamble, PART 226—TRUTH LENDING part 226 as follows: (REGULATION Z) 1. The authority citation for part 226 continues to read as follows: Authority: 12 U.S.C. 3806; 15 U.S.C. 1604 and 1637(c)(5). 2. In Supplement I to Part 226, under * Section 226.4—Finance Charge, under 4(d) Insurance., paragraph 5. is revised to read as follows: Supplement I—Official Staff Interpretations * * * * * Subpart A— General * * * * * Section 226.4—Finance Charge * * * * * 4(d) Insurance. 5. Required credit life insurance. Credit life, accident, health, or loss-of-income insurance must be voluntary in order for the premium or charges to be excluded from the finance charge. Whether the insurance is in fact required or optional is a factual question. If the insurance is required, the premiums must be included in the finance charge, whether the insurance is purchased from the creditor or from a third party. If the consumer is required to elect one of several options— such as to purchase credit life insurance, or to assign an existing life insurance policy, or to pledge security such as a certificate of deposit—and the consumer purchases the credit life insurance policy, the premium must be included in the finance charge. (If the consumer assigns a preexisting policy or pledges security instead, no premium is included in the finance charge. The security interest would be disclosed under § 226.6(c) or § 226.18(m). See the commentary to § 226.4(b) (7) and (8).) * * * * * 3. In Supplement I to Part 226, under Section 226.6—Initial Disclosure Statement, under 6(b) Other charges., paragraph l.v. is revised to read as follows: * * * * * Subpart B— Open-End Credit * * * * * Section 226.6—Initial Disclosure Statement * * * * * 6(b) Other charges. 14955 ii. Nothing in this provision prohibits the card issuer from undertaking its normal collection activities for the delinquent and undisputed portion of the account. 2. Settlement o f dispute. A card issuer may not consider a dispute settled and report an amount disputed as delinquent or begin collection of the disputed amount until it has completed a reasonable investigation of the cardholder’s claim. A reasonable investigation requires an independent assessment of the cardholder’s claim based on information obtained from both the cardholder and the merchant, if possible. In conducting an investigation, the card issuer may request the cardholder’s reasonable cooperation. The card issuer may not automatically consider a dispute settled if the cardholder fails or refuses to comply with a particular request. However, if the card issuer otherwise has no means of obtaining information necessary to resolve the dispute, the lack of information resulting from the cardholder’s failure or refusal to comply with a particular request may lead the card issuer reasonably to terminate the investigation. * * * * * 5. In Supplement I to Part 226, under Section 226.14—Determination o f Annual Percentage Rate, under 14(c) Annual percentage rate for periodic statements., a new paragraph 10. is added to read as follows: * * * * * Section 226.14—Determination of Annual j * * * v. A membership or participation fee for a Percentage Rate * * * * * package of services that includes an openend credit feature, unless the fee is required 14 (c) Annual percentage rate for periodic whether or not the open-end credit feature is statements. included. For example, a membership fee to * * * * * join a credit union is not an "other charge,” 10. Transactions at end of billing cycle. even if membership is required to apply for The annual percentage rate reflects credit. For the fee to be excluded from disclosure as an “other charge,” however, the transactions and charges imposed during the billing cycle. However, it may be package of services must have some impracticable to post a transaction that substantive purpose other than access to the occurs at the end of a billing cycle until the credit feature. For example, if the primary following cycle, such as a cash advance that benefit of membership in an organization is Occurs on the last day of a billing cycle and the opportunity to apply for a credit card, is posted to the account in the following and the other benefits offered (such as a cycle. A card issuer that uses the date of the newsletter or a member information hotline) transaction to figure finance charges should are merely incidental to the credit feature, the membership fee would have to be calculate the annual percentage rate as disclosed as an "other charge.” follows for the billing cycle in which the * * * * * transaction and charges are posted: i. The denominator is calculated as if the 4. In Supplement I to Part 226, under transaction occurred on the first day of the Section 226.12—Special Credit Card billing cycle; and Provisions, under 12(c)(2) Adverse The numerator includes the amount of credit reports prohibited., paragraph 1 is the11.transaction charge plus all finance revised and paragraph 2 is added to read charges derived from the application of the as follows: periodic rate to the amount of the transaction * * * * * (including all charges from a prior cycle). Section 226.12—Special Credit Card Provisions * * * * * 12(c)(2) Adverse credit reports prohibited. 1. Scope o f prohibition. Although an amount in dispute may not be reported as delinquent until the matter is resolved: i. That amount may be reported as disputed. 6. In Supplement I to Part 226, under Section 226.17—General Disclosure Requirements, under Paragraph 17(c)(1)., paragraph 10. is revised and a new paragraph 18. is added to read as follows: * * * * * 14956 Federal Register / Vol. 61, No. 66 / Thursday, April 4, 1996 / Rules and Regulations Subpart C— Closed-End Credit Section 226.17—General Disclosure Requirements ♦ 4c 4c * 4e 17(c) Basis of disclosures and use of estimates. Paragraph 17(c)(1). 4« 4c $ $ $ 10. Discounted and premium variable-rate transactions. In some variable-rate transactions, creditors may set an initial interest rate that is not determined by the index or formula used to make later interest rate adjustments. Typically, this initial rate charged to consumers is lower than the rate would be if it were calculated using the index or formula. However, in some cases the initial rate may be higher. In a discounted transaction, for example, a creditor may calculate interest rates according to a formula using the six-month Treasury bill rate plus a 2 percent margin. If the Treasury bill rate at consummation is 10 percent, the creditor may forgo the 2 percent spread and charge only 10 percent for a limited time, instead of setting an initial rate of 12 percent. i. When creditors use an initial interest rate that is not calculated using the index or formula for later rate adjustments, the disclosures should reflect a composite annual percentage rate based on the initial rate for as long as it is charged and, for the remainder of the term, the rate that would have been applied using the index or formula at the time of consummation. The rate at consummation need not be used if a contract provides for a delay in the implementation of changes in an index value. For example, if the contract specifies that rate changes are based on the index value in effect 45 days before the change date, creditors may use any index value in effect during the 45 day period before consummation in calculating a composite annual percentage rate. 11. The effect of the multiple rates must also be reflected in the calculation and disclosure of the finance charge, total of payments, and payment schedule. iii. If a loan contains a rate or payment cap that would prevent the initial rate or payment, at the time of the first adjustment, from changing to the rate determined by the index or formula at consummation, the effect of that rate or payment cap should be reflected in the disclosures. iv. Because these transactions involve irregular payment amounts, an annual percentage rate tolerance of Va of 1 percent applies, in accordance with § 226.22(a)(3). v. Examples of discounted variable-rate transactions include: A. A 30-year loan for $100,000 with no prepaid finance charges and rates determined by the Treasury bill rate plus 2 percent. Rate and payment adjustments are made annually. Although the Treasury bill rate at the time of consummation is 10 percent, the creditor sets the interest rate for one year at 9 percent, instead of 12 percent according to the formula. The disclosures should reflect a composite annual percentage rate of 11.63 percent based on 9 percent for one year and 12 percent for 29 years. Reflecting those two rate levels, the payment schedule should show 12 payments of $804.62 and 348 payments of $1,025.31. The finance charge Section 226.18—Content of Disclosures should be $266,463.32 and the total of * * * * * payments $366,463.32. 18(c) Itemization o f amount financed. B. Same loan as above, except with a 2 * * * * * percent rate cap on periodic adjustments. Paragraph 18(c)(l)(iii). The disclosures should reflect a composite * * * * annual percentage rate of 11.53 percent based * on 9 percent for the first year, 11 percent for 2. Charges added to amounts p aid to the second year, and 12 percent for the others. A sum is sometimes added to the remaining 28 years. Reflecting those three amount of a fee charged to a consumer for a rate levels, the payment schedule should service provided by a third party (such as for show 12 payments of $804.62, 12 payments an extended warranty or a service contract) of $950.09, and 336 payments of $1,024.34. that is payable in the same amount in The finance charge should be $265,234.76 comparable cash and credit transactions. In and the total of payments $365,234.76. the credit transaction, the amount is retained C. Same loan as above, except with a 7V2 by the creditor. Given the flexibility percent cap on payment adjustments. The permitted in meeting the requirements of the disclosures should reflect a composite annual amount financed itemization (see the percentage rate of 11.64 percent, based on 9 commentary to §226.18(c)), the creditor in percent for one year and 12 percent for 29 such cases may reflect that the creditor has years. Because of the payment cap, five levels retained a portion of the amount paid to of payments should be reflected. The others. For example, the creditor could add payment schedule should show 12 payments to the category “amount paid to others” of $804.62, 12 payments of $864.97, 12 language such as "(we may be retaining a payments of $929.84, 12 payments of $999.58, and 312 payments of $1,070.04. The portion of this amount).” * * * * * finance charge should be $277,040.60, and the total of payments $377,040.60. 8. In Supplement I to Part 226, under vi. A loan in which the initial interest rate Section 226.20 Subsequent Disclosure is set according to the index or formula used Requirements, under Paragraph 20(a) for later adjustments but is not set at the Refinancings., paragraph 3. is revised to value of the index or formula at read as follows: consummation is not a discounted variable* * * * * rate loan. For example, if a creditor commits to an initial rate based on the formula on a Section 226.20 Subsequent Disclosure date prior to consummation, but the index Requirements has moved during the period between that time and consummation, a creditor should Paragraph 20(a) Refinancings. base its disclosures on the initial rate. 4c 4c 4c 4s 4c * * * * * 3. Variable-rate. 18. Pawn Transactions. When, in i. If a variable-rate feature was properly connection with an extension of credit, a disclosed under the regulation, a rate change consumer pledges or sells an item to a in accord with those disclosures is not a pawnbroker creditor in return for a sum of refinancing. For example, no new disclosures money and retains the right to redeem the are required when the variable-rate feature is item for a greater sum (the redemption price) invoked on a renewable balloon-payment within a specified period of time, disclosures mortgage that was previously disclosed as a are required. In addition to other disclosure variable-rate transaction. requirements that may be applicable under ii. Even if it is not accomplished by the § 226.18, for purposes of pawn transactions: cancellation of the old obligation and i. The amount financed is the initial sum substitution of a new one, a new transaction paid to the consumer. The pawnbroker subject to new disclosures results if the creditor need not provide a separate creditor either: itemization of the amount financed if that A. Increases the rate based on a variableentire amount is paid directly to the rate feature that was not previously consumer and the disclosed description of disclosed; or the amount financed is "the amount of cash B. Adds a variable-rate feature to the given directly to you” or a similar phrase. obligation. A creditor does not add a ii. The finance charge is the difference variable-rate feature by changing the index of between the initial sum paid to the consumer a variable-rate transaction to a comparable and the redemption price plus any other index, whether the change replaces the finance charges paid in connection with the existing index or substitutes an index for one transaction. (See §226.4.) that no longer exists. iii. The term of the transaction, for iii. If either of the events in paragraph calculating the annual percentage rate, is the 20(a)3.ii.A. or ii.B. occurs in a transaction period of time agreed to by the pawnbroker secured by a principal dwelling with a term creditor and the consumer. The term of the longer than one year, the disclosures required transaction does not include a grace period under §226.19(b) also must be given at that (including any statutory grace period) after time. the agreed redemption date. * * * * * * * * * * 7. In Supplement I to Part 226, under 9. In Supplement I to Part 226, a new Section 226.18—Content of Disclosures, Subpart E—Special Rules for Certain Home Mortgage Transactions is added under Paragraph 18(c)(l)(iii)., a new paragraph 2. is added to read as follows: following subpart D to read as follows: 4= * * * * * * * * * Federal Register / Vol. 61, No. 66 / Thursday, April 4, 1996 / Rules and Regulations Subpart E— Special Rules for Certain Home Mortgage Transactions Section 226.31 —General Rules 31(c) Timing of disclosure. Paragraph 31(c)(1) Disclosures for certain closed-end home mortgages. 1. Furnishing disclosures. Disclosures are wconsidered furnished when received by the consumer. 2. Pre-consummation waiting period. A creditor must furnish § 226.32 disclosures at least three business days prior to consummation. Under §226.32, “business day” has the same meaning as the rescission rule in comment 2(a)(6)-2—all calendar days except Sundays and the federal legal holidays listed in 5 USC 6103(a). However, while the disclosure rule under §§226.15 and 226.23 extends to midnight of the third business day, the rule under §226.32 does not. For example, under §226.32, if disclosures were provided on a Friday, consummation could occur any time on Tuesday, the third business day following receipt of the disclosures. If the timing of the rescission rule were to be used, *4 consummation could not occur until after midnight on Tuesday. 4 Paragraph 3 1(c)(1) (i) Change in terms. 1. Redisclosure required. Creditors must „ provide new disclosures when a change in terms makes disclosures previously provided * under § 226.32(c) inaccurate, including disclosures based on and labeled as an estimate. A change in terms may result from a formal written agreement or otherwise. Paragraph 31(c)(1)(H) Telephone disclosures. 1. Telephone disclosures. Disclosures by telephone must be furnished at least three business days prior to consummation, calculated in accord with the timing rules under §226.31 (c)(1). Paragraph 3 1(c)(1)(Hi) Consumer’s waiver of waiting period before consummation. 1. Modification or waiver. A consumer may modify or waive the right to the three-day waiting period only after receiving the disclosures required by § 226.32 and only if the circumstances meet the criteria for establishing a bona fide personal financial * emergency under § 226.23(e). Whether these criteria are met is determined by the facts surrounding individual situations. The imminent sale of the consumer’s home at * foreclosure during the three-day period is one example of a bona fide personal financial emergency. Each consumer entitled to the three-day waiting period must sign the Y handwritten statement for the waiver to be effective. Paragraph 31(c) (2) Disclosures for reverse mortgages. 1. Business days. For purposes of providing reverse mortgage disclosures, "business day” has the same meaning as in comment 31 (c) (l)-2—all calendar days except Sundays and the federal legal holidays listed in 5 USC 6103(a). This means if disclosures are provided on a Friday, consummation could occur any time on Tuesday, the third business day following receipt of the disclosures. 2. Open-end plans. Disclosures for open- end reverse mortgages must be provided at ►> f least three business days before the first transaction under the plan (see § 226.5(b)(1)). 31 (d) Basis of disclosures and use of estimates. 1. Redisclosure. Section 226.31(d) allows the use of estimates when information necessary for an accurate disclosure is unknown to the creditor, provided that the disclosure is clearly identified as an estimate. For purposes of Subpart E, the rule in § 226.31 (c)(l)(i) requiring new disclosures when the creditor changes terms also applies to disclosures labeled as estimates. Section 226.32—Requirements for Certain Closed-End Home Mortgages 32(a) Coverage. Paragraph 32(a)(l)(i). 1. Application date. An application is deemed received when it reaches the creditor in any of the ways applications are normally transmitted. (See § 226.19(a).) For example, if a borrower applies for a 10-year loan on September 30 and the creditor counteroffers with a 7-year loan on October 10, the application is deemed received in September and the creditor must measure the annual percentage rate against the appropriate Treasury security yield as of August 15. An application transmitted through an intermediary agent or broker is received when it reaches the creditor, rather than when it reaches the agent or broker. (See comment 19(b)-3 to determine whether a transaction involves an intermediary agent or broker.) 2. When fifteenth not a business day. If the 15th day of the month immediately preceding the application date is not a business day, the creditor must use the yield as of the business day immediately preceding the 15th. 3. Calculating annual percentage rates for variable-rate loans and discount loans. Creditors must use the rules set out in the commentary to § 226.17(c)(1) in calculating the annual percentage rate for variable-rate loans (assume the rate in effect at the time of disclosure remains unchanged) and for discount, premium, and stepped-rate transactions (which must reflect composite annual percentage rates). 4. Treasury securities. To determine the yield on a Treasury security for the annual percentage rate test, creditors may use the Board’s Selected Interest Rates (statistical release H-15) or the actual auction results. Treasury auctions are held at regular intervals for the different types of securities. These figures are published by major financial and metropolitan newspapers, and are also available from Federal Reserve Banks. Creditors must use the yield on the security that has the nearest maturity at issuance to the loan’s maturity. For example, if a creditor must compare the annual percentage rate to Treasury securities with either seven-year or ten-year maturities, the annual percentage rate for an eight-year loan is compared with securities that have a seven-year maturity; the annual percentage rate for a nine-year loan is compared with securities that have a ten-year maturity. If the loan maturity is exactly halfway between, the annual percentage rate is compared with the Treasury security that has the lower yield. 14957 For example, if the loan has a maturity of 20 years and comparable securities have maturities of 10 years with a yield of 6.501 percent and 30 years with a yield of 6.906 percent, the annual percentage rate is compared with 10 percentage points over the yield of 6.501 percent, the lower of the two yields. Paragraph 32(a)(1)(H). 1. Total loan amount. For purposes of the “points and fees” test, the total loan amount is calculated by taking the amount financed, as determined according to §226.18(b), and deducting any cost listed in § 226.32(b)(l)(iii) that is both included as points and fees under § 226.32(b)(1) and financed by the creditor. Some examples follow, each using a $10,000 amount borrowed, a $300 appraisal fee, and $400 in points: 1. If the consumer finances a $300 fee for a creditor-conducted appraisal and pays $400 in points at closing, the amount financed under §226.18(b) is $9,900 ($10,000 plus the $300 appraisal fee that is paid to and financed by the creditor, less $400 in prepaid finance charges). The $300 appraisal fee paid to the creditor is added to other points and fees under § 226.32(b) (l)(iii). It is deducted from the amount financed ($9,900) to derive a total loan amount of $9,600. ii. If the consumer pays the $300 fee for the creditor-conducted appraisal in cash at closing, the $300 is included in the points and fees calculation because it is paid to the creditor. However, because the $300 is not financed by the creditor, the fee is not part of the amount financed under § 226.18(b) ($10,000, in this case). The total loan amount is $9,600 ($10,000, less $400 in prepaid finance charges). iii. If the consumer finances a $300 fee for an appraisal conducted by someone other than die creditor or an affiliate, the $300 fee is not included with other points and fees under §226.32(b)(1)(iii). The amount financed under § 226.18(b) is $9,900 ($10,000 plus the $300 fee for an independentlyconducted appraisal that is financed by the creditor, less the $400 paid in cash and deducted as prepaid finance charges). 2. Annual adjustment of $400 amount. A mortgage loan is covered by § 226.32 if the total points and fees payable by the consumer at or before loan consummation exceed the greater of $400 or 8 percent of the total loan amount. The $400 figure is adjusted annually by the Board; the adjusted figure becomes effective on January 1 of the following year. The adjusted figure for 1996 is $412, reflecting a 3.00 percent increase in the CPIU from June 1994 to June 1995, rounded to the nearest whole dollar. The Board will publish adjustments after the June figures become available each year. The adjustment for the upcoming year will be included in any proposed commentary published in the fall, and incorporated into the commentary the following spring. 32(b) Definitions Paragraph 32(b) (l)(i). 1. General. Items defined as finance charges under § 226.4(a) and 226.(4)(b) are included under this paragraph as a component of the total "points and fees.” Items excluded from the finance charge 14958 Federal Register / Vol. 61, No. 66 / Thursday, April 4, 1996 / Rules and Regulations under other provisions of § 226.4 are not included under paragraph 32(b)(l)(i), although a fee may be included in “points and fees” under paragraphs 32(b)(1)(h) and 32 (b)(1) (hi). Paragraph 32(b)(1)(H). 1. Mortgage broker fees. In determining “points and fees” for purposes of this section, compensation paid by a consumer to a mortgage broker (directly or through the creditor for delivery to the broker) is included in the calculation whether or not the amount is disclosed as a finance charge. Mortgage broker fees that are not paid by the consumer are not included. Mortgage broker fees already included in the calculation as finance charges under § 226.32(b)(l)(i) need not be counted again under § 226.32(b)(1)(h). 2. Example. Section 226.32(b)(1)(iii) defines “points and fees” to include all items listed in § 226.4(c)(7), other than amounts held for the future payment of taxes. An item listed in § 226.4(c)(7) may be excluded from the “points and fees” calculation, however, if the charge is reasonable, the creditor receives no direct or indirect compensation from the charge, and the charge is not paid to an affiliate of the creditor. For example, a reasonable fee paid by the consumer to an independent, third-party appraiser may be excluded from the "points and fees” calculation (assuming no compensation is paid to the creditor). A fee paid by the consumer for an appraisal performed by the creditor must be included in the calculation, even though the fee may be excluded from the finance charge if it is bona fide and reasonable in amount. 32(c) Disclosures. 1. Format. The disclosures must be clear and conspicuous but need not be in any particular type size or typeface, nor presented in any particular manner. The disclosures need not be a part of the note or mortgage document. Paragraph 32(c)(3) Regular payment. 1. General. The regular payment is the amount due from the borrower at regular intervals, such as monthly, bimonthly, quarterly, or annually. There must be at least two payments, and the payments must be in an amount and at such intervals that they fully amortize the amount owed. In disclosing the regular payment, creditors may rely on the rules set forth in § 226.18(g); however, the amounts for voluntary items not agreed to by the consumer such as credit life insurance may not be included in the regular payment. i. If the loan has more than one payment level, the regular payment for each level must be disclosed. For example: A. In a 30-year graduated payment mortgage where there w ill be payments of $300 for the first 120 months, $400 for the next 120 months, and $500 for the last 120 months, each payment amount must be disclosed, along with the length of time that the payment w ill be in effect. B. If interest and principal are paid at different times, the regular amount for each must be disclosed. C. In discounted or premium variable-rate transactions where the creditor sets the initial interest rate and later rate adjustments are determined by an index or formula, the creditor must disclose both the initial payment based on the discount or premium and the payment that will be in effect thereafter. Additional explanatory material which does not detract from the required disclosures may accompany the disclosed amounts. For example, if a monthly payment is $250 for the first six months and then increases based on an index and margin, the creditor could use language such as the following: “Your regular monthly payment will be $250 for six months. After six months your regular monthly payment will be based on an index and margin, which currently would make your payment $350. Your actual payment at that time may be higher or lower.” Paragraph 32(c)(4) Variable-rate. 1. Calculating "worst-case”payment example. Creditors may rely on instructions in § 226.19(b)(2)(x) for calculating the maximum possible increases in rates in the shortest possible timeframe, based on the face amount of the note (not the hypothetical loan amount of $10,000 required by § 226.19(b)(2)(x)). The creditor must provide a maximum payment for each payment level, where a payment schedule provides for more than one payment level and more than one maximum payment amount is possible. 32(d) Limitations Paragraph 32(d)(l)(i) Balloon payment. 1. Regular periodic payments. The repayment schedule for a § 226.32 mortgage loan with a term of less than five years must fully amortize the outstanding principal balance through “regular periodic payments.” A payment is a “regular periodic payment” if it is not more than twice the amount of other payments. Paragraph 32(d)(2) Negative amortization. 1. Negative amortization. The prohibition against negative amortization in a mortgage covered by § 226.32 does not preclude reasonable increases in the principal balance that result from events permitted by the legal obligation unrelated to the payment schedule. For example, when a consumer fails to obtain property insurance and the creditor purchases insurance, the creditor may add a reasonable premium to the consumer’s principal balance, to the extent permitted by the legal obligation. Paragraph 32(d)(4) Increased interest rate. 1. Variable-rate transactions. The limitation on interest rate increases does not apply to rate increases resulting from changes in accordance with the legal obligation in a variable-rate transaction, even if the increase occurs after default by the consumer. Paragraph 32(d)(5) Rebates. 1. Calculation of refunds. The limitation applies only to refunds of precomputed (such as add-on) interest and not to any other charges that are considered finance charges under §226.4 (for example, points and fees paid at closing). The calculation of the refund of interest includes odd-days interest, whether paid at or after consummation. Paragraph 32(d)(6) Prepayment penalties. 1. State law. For purposes of computing a refund of unearned interest, if using the actuarial method defined by applicable state law results in a refund that is greater than the refund calculated by using the method described in section 933(d) of the Housing and Community Development Act of 1992, creditors should use the state law definition in determining if a refund is a prepayment penalty. 32(d)(7) Prepayment penalty exception. Paragraph 32(d)(7)(iii). 1. Calculating debt-to-income ratio. “Debt” does not include amounts paid by the borrower in cash at closing or amounts from the loan proceeds that directly repay an existing debt. Creditors may consider combined debt-to-income ratios for transactions involving joint applicants. 2. Verification. Verification of employment satisfies the requirement for payment records for employment income. 32(e) Prohibited acts and practices. Paragraph 32(e)(1) Repayment ability. 1. Determining repayment ability. The information provided to the creditor in connection with § 226.32(d)(7) may be used to show that the creditor considered the consumer’s income and obligations before extending the credit. Any expected income can be considered by the creditor, except equity income that the consumer would obtain through the foreclosure of a mortgage covered by §226.32. For example, a creditor may use information about income other than regular salary or wages such as gifts, expected retirement payments, or income from housecleaning or childcare. The creditor also may use unverified income, as long as the creditor has a reasonable basis for believing that the income exists and will support the loan. Paragraph 32(e)(2) Home-Improvement Contracts. Paragraph 32(e) (2) (i). 1. Joint payees. If a creditor pays a contractor with an instrument jointly payable to the contractor and the consumer, the instrument must name as payee each consumer who is primarily obligated on the note. Paragraph 32(e)(3) Notice to Assignee. 1. Subsequent sellers or assignors. Any person, whether or not the original creditor, that sells or assigns a mortgage subject to this section must furnish the notice of potential liability to the purchaser or assignee. 2. Format. While the notice of potential liability need not be in any particular format, the notice must be prominent. Placing it on the face of the note, such as with a stamp, is one means of satisfying the prominence requirement. Section 226.33—Requirements for Reverse Mortgages 33(a) Definition. 1. Nonrecourse transaction. A nonrecourse reverse mortgage transaction limits the homeowner’s liability to the proceeds of the sale of the home (or any lesser amount specified in the credit obligation). If a transaction structured as a closed-end reverse mortgage transaction allows recourse against the consumer, and the annual percentage rate or the points and fees exceed those specified under § 226.32(a)(1), the transaction is subject to all the requirements of § 226.32, including the limitations concerning balloon payments and negative amortization. Federal Register / Vol. 61, No. 66 / Thursday, April 4, 1996 / Rules and Regulations Paragraph 33(a)(2). 1. Default. Default is not defined by the statute or regulation, but rather by the legal obligation between the parties and state or ** other law. 2. Definite term or m atu rity date. To meet the definition of a reverse mortgage transaction, a creditor cannot require any * principal, interest, or shared appreciation or equity to be due and payable (other than in 4, the case of default) until after the consumer’s death, transfer of the dwelling, or the consumer ceases to occupy the dwelling as a principal dwelling. Some state laws require legal obligations secured by a mortgage to specify a definite maturity date or term of repayment in the instrument. Stating a definite maturity date or term of repayment in an obligation does not violate the definition of a reverse mortgage transaction if the maturity date or term of repayment used would in no case operate to cause maturity prior to the occurrence of any of the events recognized in the regulation. For example, a provision that allows a reverse mortgage loan * to become due and payable only after the consumer’s death, transfer, or cessation of occupancy, or after a specified term, but which automatically extends the term for 4 consecutive periods as long as none of the events specified in this section had yet occurred would be permissible. 33(c) Projected total cost o f credit. 4 Paragraph 33(c)(1) Costs to consumer. 1 . Costs and charges to consum er—relation to finance charge. All costs and charges to the consumer that are incurred in a reverse mortgage transaction are included in the projected total cost of credit, and thus in the total annual loan cost rates, whether or not the cost or charge is a finance charge under §226.4. 2. A nnuity costs. As part of the credit transaction, some creditors require or permit a consumer to purchase an annuity that immediately—or at some future time— supplements or replaces the creditor’s payments. The amount paid by the consumer for the annuity is a cost to the consumer under this section, regardless of whether the annuity is purchased through the creditor or a third party, or whether the purchase is v mandatory or voluntary. 3. D isposition costs excluded. Disposition costs incurred in connection with the sale or transfer of the property subject to the reverse * mortgage are not included in the costs to the consumer under this paragraph. (However, see the definition of Valn in appendix K to the regulation to determine the effect certain disposition costs may have on the total annual loan cost rates.) Paragraph 33(c)(2) Paym ents to consumer. 1. P aym ents upon a specified event. The projected total cost of credit should not reflect contingent payments in which a credit to the outstanding loan balance or a payment to the consumer’s estate is made upon the occurrence of an event (for example, a “death benefit” payable if the consumer’s death occurs within a certain period of time). Thus, the table of total annual loan cost rates required under § 226.33(b)(2) would not reflect such payments. At its option, however, a creditor may put an asterisk, footnote, or similar type of notation in the table next to the applicable total annual loan cost rate, and state in the body of the note, apart from the table, the assumption upon which the total annual loan cost is made and any different rate that would apply if the contingent benefit were paid. Paragraph 33(c)(3) A dditional creditor compensation. 1 . Shared appreciation or equity. Any shared appreciation or equity that the creditor is entitled to receive pursuant to the legal obligation must be included in the total cost of a reverse mortgage loan. For example, if a creditor agrees to a reduced interest rate on the transaction in exchange for a portion of the appreciation or equity that may be realized when the dwelling is sold, that portion is included in the projected total cost of credit. Paragraph 33(c)(4) Limitations on consum er liability. 1 . In general. Creditors must include any limitation on the consumer’s liability (such as a nonrecourse limit or an equity conservation agreement) in the projected total cost of credit. These limits and agreements protect a portion of the equity in the dwelling for the consumer or the consumer’s estate. For example, the following are limitations on the consumer’s liability that must be included in the projected total cost of credit: 1. A limit on the consumer’s liability to a certain percentage of the projected value of the home. ii. A limit on the consumer’s liability to the net proceeds from the sale of the property subject to the reverse mortgage. 2. Uniform assum ption for "net p ro c e ed s” recourse lim itations. If the legal obligation between the parties does not specify a percentage for the "net proceeds” liability of the consumer, for purposes of the disclosures required by § 226.33, a creditor must assume that the costs associated with selling the property will equal 7 percent of the projected sale price (see the definition of the Valn symbol under appendix K(b) (6)). * * * * * 14959 (b) Instructions and equations for the total annual loan cost rate. (b)(5) N um ber o f unit-periods between two given dates. 1. A ssum ption as to when transaction begins. The computation of the total annual loan cost rate is based on the assumption that the reverse mortgage transaction begins on the first day of the month in which consummation is estimated to occur. Therefore, fractional unit-periods (used under appendix J for calculating annual percentage rates) are not used. (b)(9) A ssum ption for discretionary cash advances. 1. A m ount o f credit. Creditors should compute the total annual loan cost rates for transactions involving discretionary cash advances by assuming that 50 percent of the initial amount of the credit available under the transaction is advanced at closing or, in an open-end transaction, when the consumer becomes obligated under the plan. (For the purposes of this assumption, the initial amount of the credit is the principal loan amount less any costs to the consumer under section 226.33(c)(1).) (b) (10) A ssum ption for variable-rate reverse mortgage transactions. 1. Initial discount or prem ium rate. Where a variable-rate reverse mortgage transaction includes an initial discount or premium rate, the creditor should apply the same rules for calculating the total annual loan cost rate as are applied when calculating the annual percentage rate for a loan with an initial discount or premium rate (see the commentary to §226.17(c)). (d) Reverse mortgage m odel form and sam ple form. (d)(2) Sam ple form. 1. General. The “clear and conspicuous” standard for reverse mortgage disclosures does not require disclosures to be printed in any particular type size. Disclosures may be made on more than one page, and use both the front and the reverse sides, as long as the pages constitute an integrated document and the table disclosing the total annual loan cost In Supplement I to Part 226, a newrates is on a single page. 10. Appendix K—Total Annual Loan Cost Rate Computations for Reverse Mortgage Transactions and a new Appendix L— Assumed Loan Periods for Computations o f Total Annual Loan Cost Rates are added at the end of the supplement to read as follows: * * * * * Appendix K—Total Annual Loan Cost Rate Computations for Reverse Mortgage Transactions 1 . General. The calculation of total annual loan cost rates under appendix K is based on the principles set forth and the estimation or “iteration” procedure used to compute annual percentage rates under appendix J. Rather than restate this iteration process in full, the regulation cross-references the procedures found in appendix J. In other aspects the appendix reflects the special nature of reverse mortgage transactions. Special definitions and instructions are included where appropriate. Appendix L—Assumed Loan Periods for Computations of Total Annual Loan Cost Rates 1. General. The life expectancy figures used in appendix L are those found in the U.S. Decennial Life Tables for women, as rounded to the nearest whole year and as published by the U. S. Department of Health and Human Services. The figures contained in appendix L must be used by creditors for all consumers (men and women). Appendix L will be revised periodically by the Board to incorporate revisions to the figures made in the Decennial Tables. By order of the Board of Governors of the Federal Reserve System, acting through the Secretary of the Board under delegated authority, March 28, 1996. William W. Wiles, Secretary o f the Board. [FR Doc. 96-8045 Filed 4-3-96; 8:45 am] BILLING CODE 6210-01-P
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