Appraisal Subcommittee; Order Extending Commercial Real Estate Transaction Temporary Waiver Relief, 49371-49372 [2020-17660]

Agencies

• Federal Financial Institutions Examination Council

[Federal Register Volume 85, Number 157 (Thursday, August 13, 2020)]
[Notices]
[Pages 49371-49372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17660]


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FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL

[Docket No. AS20-08]


Appraisal Subcommittee; Order Extending Commercial Real Estate 
Transaction Temporary Waiver Relief

AGENCY: Appraisal Subcommittee, Federal Financial Institutions 
Examination Council.

ACTION: Order extending, with specified terms and conditions, 
commercial real estate transaction temporary waiver relief.

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SUMMARY: The Appraisal Subcommittee (ASC) of the Federal Financial 
Institutions Examination Council (FFIEC), with approval of the FFIEC, 
is issuing an Order pursuant to section 1119(b) of Title XI of the 
Financial Institutions Reform, Recovery, and Enforcement Act of 1989, 
as amended (Title XI) and the rules promulgated thereunder, extending 
temporary waiver relief of appraiser credentialing requirements for 
appraisals of federally related transactions (FRTs) under $1,000,000 
for commercial real estate transactions throughout the State of North 
Dakota for an additional one-year period and subject to specified terms 
and conditions.

DATES: Applicable August 7, 2020.

FOR FURTHER INFORMATION CONTACT: James R. Park, Executive Director, at 
(202) 595-7575, or Alice M. Ritter, General Counsel, at (202) 595-7577, 
ASC, 1325 G Street NW, Suite 500, Washington, DC 20005.

SUPPLEMENTARY INFORMATION: Section 1119(b) of Title XI authorizes the 
ASC to waive, on a temporary basis and subject to the approval of the 
FFIEC, ``any requirement relating to certification or licensing of a 
person to perform appraisals under [Title XI]'' upon ``a written 
determination that there is a scarcity of certified or licensed 
appraisers to perform appraisals in connection with [FRTs] \1\ in a 
State, or in any geographical political subdivision of a State, leading 
to significant delays in the performance of such appraisals.'' \2\ The 
ASC has promulgated regulations that set forth procedures \3\ that 
govern the processing of temporary waiver requests.
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    \1\ ``Federally related transaction'' (FRT) refers to any real 
estate related financial transaction which: (a) A federal financial 
institutions regulatory agency engages in, contracts for, or 
regulates; and (b) requires the services of an appraiser. (Title XI 
Sec.  1121 (4), 12 U.S.C. 3350.)
    \2\ 12 U.S.C. 3348(b).
    \3\ 12 CFR part 1102, subpart A.
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    On August 1, 2018, the Governor of North Dakota, the North Dakota 
Department of Financial Institutions, and the North Dakota Bankers 
Association (Requesters) submitted a temporary waiver request to the 
ASC. The Requesters sought a temporary waiver of not less than five 
years of appraiser credentialing requirements for appraisals for FRTs 
under $500,000 for 1-to-4 family residential real estate transactions 
and under $1,000,000 for agricultural and commercial real estate 
transactions throughout the State of North Dakota.\4\
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    \4\ On September 7, 2018, ASC staff responded with a request for 
clarification and additional information, and on April 10, 2019, the 
Requesters submitted an additional letter with a clarification of 
the request and additional information.
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    On July 9, 2019, the ASC convened a Special Meeting to consider the 
request. Based on the information provided by the Requester, the North 
Dakota Real Estate Appraiser Qualifications and Ethics Board (Appraiser 
Board), and by the public through comment letter submissions, the ASC 
issued an Order (2019 Order) approving a limited version of the waiver 
request.\5\ The 2019 Order was published in the Federal Register,\6\ 
and in pertinent part \7\ included a temporary waiver of appraiser 
credentialing requirements for appraisals of FRTs under $1,000,000 for 
commercial real estate transactions throughout the State of North 
Dakota for a period of one year. The 2019 Order also provided that, 
among other things, the parties requesting the waiver should submit 
certain information to the ASC at least 30 days prior to the expiration 
of the one-year period and the ASC would consider the information 
submitted and by vote in open session may extend the temporary waiver 
for an additional one-year period.
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    \5\ An approval of a temporary waiver by the ASC is subject to 
the approval of the FFIEC. (See 12 U.S.C. 3348(b); 12 CFR 1102.5.) 
On July 12, 2019, the FFIEC approved the temporary waiver granted by 
the ASC on July 9, 2019.
    \6\ 84 FR 38630 (August 7, 2019).
    \7\ The Order also included a temporary waiver of appraiser 
credentialing requirements for appraisals of FRTs under $500,000 for 
1-to-4 family residential real estate transactions throughout the 
State of North Dakota for a period of one year, subject to earlier 
termination in the event the federal banking agencies issued a rule 
increasing appraisal exemption threshold limits for residential real 
estate transactions, in which case the residential waiver would 
terminate 60 days after the effective date of that threshold 
increase. The federal banking agencies issued a final rule 
increasing the appraisal exemption threshold for residential real 
estate transactions with an effective date of October 9, 2019. 83 FR 
63110 (December 7, 2018). The temporary waiver for residential real 
estate transactions terminated by its own terms 60 days after the 
effective date of that rule on December 8, 2019.
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    On July 6, 2020, Requesters submitted certain information and as 
amended on July 8, 2020, sought extension of the commercial real estate 
transaction temporary waiver relief for an additional one-year 
period.\8\ On July 29, 2020, the ASC convened a Special Meeting via 
teleconference to consider the information as presented by the 
Requesters and voted to extend the commercial real estate transaction 
temporary waiver relief in North Dakota for an additional one-year 
period, subject to specified terms and conditions, and subject to FFIEC 
approval. The FFIEC met on August 7, 2020, via WebEx, and a quorum of 
the Council being present, took the following action: Pursuant to Sec.  
1119(b) of the Financial Institutions Reform, Recovery, and Enforcement 
Act of 1989, as amended, the Council approved the attached waiver 
extension that was approved by the ASC on July 29, 2020.
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    \8\ Requesters were joined in their July 6 submission by the 
Credit Union Association of the Dakotas and the Independent 
Community Banks of North Dakota.
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ASC Discussion

    In order to extend the commercial real estate transaction temporary 
waiver relief in North Dakota for an additional one-year period, the 
2019 Order set forth the following specified terms and conditions:

    1. During the one-year period, the Requester is expected to 
develop a plan through continued dialogue with North Dakota 
stakeholders, including the Appraiser Board, to identify potential 
solutions to address appraiser scarcity and appraisal delay.
    2. At least 30 days prior to the expiration of the one-year 
period, the Requester should provide (1) a status report to the ASC 
on the plan that was developed in collaboration with stakeholders 
and any implementation progress made on that plan toward identifying 
meaningful solutions to resolve appraiser scarcity and delay issues 
faced in North Dakota; and (2) supporting data showing that 
appraiser scarcity leading to significant delays continues to exist, 
which may include information to identify specific localities 
affected by appraiser scarcity. The ASC will consider the 
information as presented by the Requester, and by vote in open 
session, may extend the temporary waiver for an additional one-year 
period.


[[Page 49372]]


    In their July 6 submission, Requesters reported that a November 6, 
2019 meeting had been held with North Dakota stakeholders, including 
appraisers.\9\ Requesters provided a list of 25 ``ideas and potential 
solutions'' identified by the meeting's 58 attendees as potential steps 
to address appraiser scarcity or appraisal delays. Requesters stated 
that a follow-up meeting was planned for the spring of 2020, but that 
``due to the challenges presented by the COVID-19 pandemic, all in-
person meetings and conventions were canceled when travel became 
restricted and everyone responded to the crisis.'' Requesters further 
stated that ``[a]lthough our collaboration efforts have been disrupted 
for the time being, we are anticipating future collaboration to do as 
much as we can locally.''
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    \9\ In its submission, the Appraiser Board advised that 
appraisers in attendance at this meeting were not affiliated with 
the Appraiser Board.
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    In support of their assertion that a scarcity of appraisers 
persists in North Dakota, Requesters cited data from the Appraiser 
Board indicating that the number of certified general appraisers 
(needed to appraise commercial and agricultural properties) has fallen 
from 67 as of September 17, 2018, to 65 as of April 30, 2020. 
Requesters reported that a May 2020 survey by the North Dakota 
Department of Financial Institutions found that turnaround times for 
commercial appraisals have improved over the past year (which 
Requesters attributed to the current waiver and the increased appraisal 
threshold for credit unions for commercial real estate transactions) 
but 23 percent of respondents still report delays more than 50 percent 
of the time and 23 percent of respondents reported 5 or more delays in 
the past 12 months.
    The ASC also considered information received from the Appraiser 
Board. The Appraiser Board stated that a July 2020 survey found that at 
least 80 percent of commercial appraisers responding reported appraisal 
turn times of five weeks or less in each of North Dakota's six regions. 
According to the same survey, 90 percent of agricultural appraisers 
responding reported appraisal turn times of six weeks or less in five 
of North Dakota's six regions.
    In considering this request to extend commercial real estate 
transaction temporary waiver relief in North Dakota, the ASC found the 
information submitted by the Requesters to be less robust than the ASC 
had expected to support a one-year extension under the terms of the 
2019 Order. The ASC also acknowledges extenuating and unprecedented 
circumstances. The United States has been operating under a 
presidentially declared emergency since March 13, 2020. The ASC 
acknowledges challenges posed by Coronavirus Disease 2019 (COVID-19). 
As stated in the Interagency Statement on Appraisals and Evaluations 
for Real Estate Related Financial Transactions Affected by the 
Coronavirus,\10\ ``COVID-19 has significantly affected financial 
institutions and their customers.'' It is reasonable to conclude that 
the Requesters' intentions to further collaborate with financial 
institutions as well as other North Dakota stakeholders were negatively 
impacted by the disruption resulting from COVID-19. Further, the 
disruption resulting from COVID-19 impacted the ASC's expectations of 
what steps the Requesters could be expected to take to further 
collaborate with financial institutions as well as other North Dakota 
stakeholders. Given the impediments resulting from COVID-19, the State 
has sufficiently fulfilled the requirements of the 2019 Order to meet 
the ASC's altered expectations.
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    \10\ Interagency Statement on Appraisals and Evaluations for 
Real Estate Related Financial Transactions Affected by the 
Coronavirus was issued April 14, 2020, by the Office of the 
Comptroller of the Currency, Board of Governors of the Federal 
Reserve System, Federal Deposit Insurance Corporation, Consumer 
Financial Protection Bureau, National Credit Union Administration.
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    Specifically, in order to extend the temporary waiver, the ASC must 
make a determination that a scarcity of credentialed appraisers leading 
to significant delays in obtaining appraisals for FRTs continues to 
exist. In considering whether to extend the current waiver, the ASC has 
examined both evidence of scarcity of appraisers in North Dakota, and 
the evidence of scarcity leading to significant delays. The ASC 
considered the challenges the current pandemic has posed in gathering 
data about turnaround times. After reviewing all the facts of record, a 
majority of the ASC members have determined that a scarcity of 
appraisers continues to exist in North Dakota and that the scarcity is 
leading to significant delays in appraisal services for FRTs under 
$1,000,000 for commercial real estate transactions in North Dakota.
    Therefore, for the reasons described above and after considering 
all the facts of record, by majority vote, the ASC determined to extend 
commercial real estate transaction temporary waiver relief for an 
additional one-year period, subject to specified terms and conditions, 
and subject to FFIEC approval, as follows:

    1. A temporary waiver of appraiser credentialing requirements 
for appraisals of FRTs under $1,000,000 for commercial real estate 
transactions throughout the State of North Dakota is extended for an 
additional one-year period, expiring August 7, 2021.
    2. During the additional one-year period, Requesters are 
expected to continue efforts to develop, through continued dialogue 
with the Appraiser Board and other North Dakota stakeholders, a plan 
to identify potential solutions to address appraiser scarcity and 
appraisal delays.
    3. The ASC pursuant to 12 CFR 1102.7 may terminate this waiver 
order on a finding that significant delays in the receipt of 
appraisals for FRTs no longer exists, or that the terms and 
conditions of the order are not being satisfied.

Order

    After reviewing all the facts of record, including submissions by 
the Requesters and by the Appraiser Board, the ASC has determined that 
a scarcity of appraisers continues to exist in North Dakota and that 
the scarcity is leading to a significant delays in appraisal services 
for FRTs under $1,000,000 for commercial real estate transactions in 
North Dakota.
    Accordingly, and for the reasons stated in the ``ASC Discussion'' 
section above, and pursuant to section 1119(b) of Title XI and 12 CFR 
part 1102, subpart A, the ASC is extending the commercial real estate 
transaction temporary waiver relief for North Dakota for an additional 
one-year period, subject to the following specified terms and 
conditions, and subject to FFIEC approval:

    1. A temporary waiver of appraiser credentialing requirements 
for appraisals of FRTs under $1,000,000 for commercial real estate 
transactions throughout the State of North Dakota is extended for an 
additional one-year period, expiring August 7, 2021.
    2. During the additional one-year period, Requesters are 
expected to continue efforts to develop, through continued dialogue 
with the Appraiser Board and other North Dakota stakeholders, a plan 
to identify potential solutions to address appraiser scarcity and 
appraisal delays.
    3. The ASC pursuant to 12 CFR 1102.7 may terminate this waiver 
order on a finding that significant delays in the receipt of 
appraisals for FRTs no longer exists, or that the terms and 
conditions of the order are not being satisfied.
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    By the Appraisal Subcommittee, August 7, 2020.
Tim Segerson,
Chairman.
[FR Doc. 2020-17660 Filed 8-12-20; 8:45 am]
BILLING CODE 6700-01-P