I've had occasion to meet with representatives of about 80 different community banks in the last few days. Only one had a "cap."
Interestingly enough, confronted with the requirement to disclose the cap for the first time in the Reg E notice, that bank is going to do away with it.
It was "Guidance," not a directive. You're entitled to say, "No."
"Compliance should not be compromised by revenue interests." FIN 2014-A007 Put that in your "risk based" pipe and smoke it.