80_FR_74173 80 FR 73945 - Consumer Leasing (Regulation M)

80 FR 73945 - Consumer Leasing (Regulation M)

FEDERAL RESERVE SYSTEM
BUREAU OF CONSUMER FINANCIAL PROTECTION

Federal Register Volume 80, Issue 228 (November 27, 2015)

Page Range73945-73947
FR Document2015-30071

The Board and the Bureau are publishing final rules amending the official interpretations and commentary for the agencies' regulations that implement the Consumer Leasing Act (CLA). The Dodd- Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) amended the CLA by requiring that the dollar threshold for exempt consumer leases 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. Based on the annual percentage decrease in the CPI-W as of June 1, 2015, the exemption threshold will remain at $54,600 through December 31, 2016. Because the Dodd-Frank Act also requires similar adjustments in the Truth in Lending Act's threshold for exempt consumer credit transactions, the Board and the Bureau are making similar amendments to each of their respective regulations implementing the Truth in Lending Act elsewhere in this issue of the Federal Register.

Federal Register, Volume 80 Issue 228 (Friday, November 27, 2015)
[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Rules and Regulations]
[Pages 73945-73947]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30071]


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FEDERAL RESERVE SYSTEM

12 CFR Part 213

[Docket No. R-1519]
RIN 7100 AE-35

BUREAU OF CONSUMER FINANCIAL PROTECTION

12 CFR Part 1013

RIN 3170-AA06


Consumer Leasing (Regulation M)

AGENCIES: Board of Governors of the Federal Reserve System (Board); and 
Bureau of Consumer Financial Protection (Bureau).

[[Page 73946]]


ACTION: Final rules, official interpretations and commentary.

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SUMMARY: The Board and the Bureau are publishing final rules amending 
the official interpretations and commentary for the agencies' 
regulations that implement the Consumer Leasing Act (CLA). The Dodd-
Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) 
amended the CLA by requiring that the dollar threshold for exempt 
consumer leases 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. Based on the annual percentage decrease in the CPI-W as of 
June 1, 2015, the exemption threshold will remain at $54,600 through 
December 31, 2016.
    Because the Dodd-Frank Act also requires similar adjustments in the 
Truth in Lending Act's threshold for exempt consumer credit 
transactions, the Board and the Bureau are making similar amendments to 
each of their respective regulations implementing the Truth in Lending 
Act elsewhere in this issue of the Federal Register.

DATES: This final rule is effective January 1, 2016.

FOR FURTHER INFORMATION CONTACT: Board: Vivian W. Wong, 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: James Wylie, Counsel, Office of Regulations, Bureau of 
Consumer Financial Protection, 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 Consumer Leasing 
Act (CLA) for exempt consumer leases from $25,000 to $50,000, effective 
July 21, 2011.\1\ In addition, the Dodd-Frank Act requires that this 
threshold 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 amending 
Regulation M (which implements the CLA) consistent with these 
provisions of the Dodd-Frank Act along with a similar final rule 
amending Regulation Z (which implements the Truth in Lending Act) 
(collectively, the Board Final Threshold Rules).\2\
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    \1\ Public Law 111-203 section 1100E, 124 Stat. 1376 (2010).
    \2\ 76 FR 18349 (Apr. 4, 2011); 76 FR 18354 (Apr. 4, 2011).
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    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 M 
implementing the CLA in an interim final rule, 12 CFR part 1013 (Bureau 
Interim Final Rule).\3\ The Bureau Interim Final Rule substantially 
duplicated the Board's Regulation M, including the revisions to the 
threshold for exempt transactions made by the Board in April 2011. 
Although the Bureau has the authority to issue rules to implement the 
CLA for most entities, the Board retains authority to issue rules under 
the CLA for certain motor vehicle dealers covered by section 1029(a) of 
the Dodd-Frank Act, and the Board's Regulation M continues to apply to 
those entities.\4\
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    \3\ 76 FR 78500 (Dec. 19, 2011).
    \4\ 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 213.2(e)(1) of the Board's Regulation M and Sec.  
1013.2(e)(1) of the Bureau's Regulation M, 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. 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.\5\ As stated in the Board Final Threshold Rules, 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.\6\
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    \5\ See comments 2(e)-9 in Supplements I of 12 CFR part 213 and 
12 CFR part 1013.
    \6\ 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.'').
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II. Adjustment and Commentary Revision

    Effective January 1, 2016, the exemption threshold amount remains 
at $54,600. This is based on the CPI-W in effect on June 1, 2015, which 
was reported on May 22, 2015. 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. Because the 
CPI-W reported on May 22, 2015 reflects a 0.8 percent decrease in the 
CPI-W from April 2014 to April 2015, the Board and the Bureau are not 
adjusting the exemption threshold amount. The Board and the Bureau are 
revising the commentaries to their respective regulations to add new 
comment 2(e)-9.vii to state that, from January 1, 2016 through December 
31, 2016, the threshold amount is $54,600. These revisions are 
effective January 1, 2016.

III. Administrative Law Matters

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.\7\ The amendment in this notice is technical 
and applies the method previously set forth in the Board Final 
Threshold Rules.\8\ For these reasons, the Board and the Bureau have 
determined that publishing a notice of proposed rulemaking and 
providing opportunity for public comment are unnecessary. Therefore, 
the amendments are adopted in final form.
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    \7\ See 5 U.S.C. 553(b)(B).
    \8\ See supra note 6.
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Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) does not apply to a rulemaking 
where a

[[Page 73947]]

general notice of proposed rulemaking is not required.\9\ As noted 
previously, the agencies have determined that it is unnecessary to 
publish a general notice of proposed rulemaking for this joint final 
rule. Accordingly, the RFA's requirements relating to an initial and 
final regulatory flexibility analysis do not apply.
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    \9\ See 5 U.S.C. 603 and 604.
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Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995,\10\ the 
agencies reviewed this final rule. No collections of information 
pursuant to the Paperwork Reduction Act are contained in the final 
rule.
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    \10\ 44 U.S.C. 3506; 5 CFR part 1320.
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List of Subjects

12 CFR Part 213

    Advertising, Consumer leasing, Consumer protection, Federal Reserve 
System, Reporting and recordkeeping requirements.

12 CFR Part 1013

    Advertising, Consumer leasing, Reporting and recordkeeping 
requirements.

Board of Governors of the Federal Reserve System

Text of Final Revisions

    For the reasons set forth in the preamble, the Board amends 
Regulation M, 12 CFR part 213, as set forth below:

PART 213--CONSUMER LEASING (REGULATION M)

0
1. The authority citation for part 213 continues to read as follows:

    Authority:  15 U.S.C. 1604 and 1667f; Pub. L. 111-203 section 
1100E, 124 Stat. 1376.


0
2. In Supplement I to Part 213, under Section 213.2--Definitions, under 
2(e) Consumer Lease, paragraph 9.vii is added to read as follows:

Supplement I to Part 213--Official Staff Commentary to Regulation M

* * * * *

Section 213.2--Definitions

* * * * *
    2(e) Consumer Lease.
    9. * * *
    vii. From January 1, 2016 through December 31, 2016, the 
threshold amount is $54,600.
* * * * *

Bureau of Consumer Financial Protection

Authority and Issuance

    For the reasons set forth in the preamble, the Bureau amends 
Regulation M, 12 CFR part 1013, as set forth below:

PART 1013--CONSUMER LEASING (REGULATION M)

0
3. The authority citation for part 1013 continues to read as follows:

    Authority: 15 U.S.C. 1604 and 1667f; Pub. L. 111-203 section 
1100E, 124 Stat. 1376.


0
4. In Supplement I to part 1013, under Section 1013.2--Definitions, 
under 2(e) Consumer Lease, paragraph 9.vii is added to read as follows:

Supplement I to Part 1013--Official Interpretations

* * * * *

Section 1013.2--Definitions

* * * * *
    2(e) Consumer Lease. * * * .
    9. * * *
    vii. From January 1, 2016 through December 31, 2016, the 
threshold amount is $54,600.
* * * * *

    By order of the Board of Governors of the Federal Reserve 
System, November 18, 2015.
Robert deV. Frierson,
Secretary of the Board.
    Dated: September 22, 2015.
Richard Cordray,
Director, Bureau of Consumer Financial Protection.
[FR Doc. 2015-30071 Filed 11-25-15; 8:45 am]
 BILLING CODE 4810-AM-P; 6210-01-P



                                                                      Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations                                              73945

                                                for which a general notice of proposed                       Paragraph 34.203(b)(2)                                ■ 6. In Supplement I to part 1026, under
                                                rulemaking was published.12 As                                 1. Threshold Amount. * * *                          Section 1026.35—Requirements for
                                                discussed above, the OCC has                                   iii. From January 1, 2016, through                  Higher-Priced Mortgage Loans, under
                                                determined that the publication of a                         December 31, 2016, the threshold amount is            paragraph 35(c)(2)(ii), paragraph
                                                general notice of proposed rulemaking                        $25,500.                                              35(c)(2)(ii)–1.iii is added to read as
                                                is unnecessary.                                              *      *      *      *       *                        follows:
                                                List of Subjects                                             BOARD OF GOVERNORS OF THE                             Supplement I to Part 1026—Official
                                                                                                             FEDERAL RESERVE SYSTEM                                Interpretations
                                                12 CFR Part 34
                                                                                                             Authority and Issuance                                *        *       *    *   *
                                                  Appraisal, Appraiser, Banks, Banking,
                                                Consumer protection, Credit, Mortgages,                        For the reasons set forth in the                    Subpart E—Special Rules for Certain
                                                National banks, Reporting and                                preamble, the Board amends Regulation                 Home Mortgage Transactions
                                                recordkeeping requirements, Savings                          Z, 12 CFR part 226, as set forth below:
                                                associations, Truth in lending.                                                                                    *        *       *    *   *
                                                                                                             PART 226—TRUTH IN LENDING
                                                12 CFR Part 226                                                                                                    Section 1026.35—Requirements for
                                                                                                             (REGULATION Z)
                                                                                                                                                                   Higher-Priced Mortgage Loans
                                                  Advertising, Appraisal, Appraiser,
                                                Consumer protection, Credit, Federal                         ■ 3. The authority citation for part 226              *        *       *    *   *
                                                Reserve System, Mortgages, Reporting                         continues to read as follows:                         35(c) Appraisals
                                                and recordkeeping requirements, Truth                          Authority: 12 U.S.C. 3806; 15 U.S.C. 1604,
                                                in lending.                                                  1637(c)(5), 1639(l), and 1639h; Pub. L. 111–          *        *       *    *   *
                                                                                                             24, section 2, 123 Stat. 1734; Pub. L. 111–           35(c)(2) Exemptions
                                                12 CFR Part 1026
                                                                                                             203, 124 Stat. 1376.
                                                  Advertising, Appraisal, Appraiser,                                                                               *        *       *    *   *
                                                Banking, Banks, Consumer protection,                         ■ 4. In Supplement I to part 226, under
                                                                                                             Section 226.43—Appraisals for Higher-                 Paragraph 35(c)(2)(ii)
                                                Credit, Credit unions, Mortgages,
                                                National banks, Reporting and                                Risk Mortgage Loans, under paragraph                    1. * * *
                                                                                                             43(b)(2), paragraph 43(b)(2)–1.iii is                   iii. From January 1, 2016, through
                                                recordkeeping requirements, Savings
                                                                                                             added to read as follows:                             December 31, 2016, the threshold amount is
                                                associations, Truth in lending.                                                                                    $25,500.
                                                DEPARTMENT OF THE TREASURY                                   Supplement I to Part 226—Official Staff               *        *       *    *   *
                                                                                                             Interpretations
                                                Office of the Comptroller of the                                                                                     Dated: November 19, 2015.
                                                Currency                                                     *      *      *      *       *                        Amy Friend,
                                                Authority and Issuance                                       Subpart E—Special Rules for Certain                   Senior Deputy Comptroller and Chief
                                                                                                                                                                   Counsel.
                                                  For the reasons set forth in the                           Home Mortgage Transactions
                                                                                                                                                                     By order of the Board of Governors of the
                                                preamble, the OCC amends 12 CFR part                         *      *      *      *       *                        Federal Reserve System, acting through the
                                                34 as set forth below:                                                                                             Secretary of the Board under delegated
                                                                                                             Section 226.43—Appraisals for Higher-
                                                                                                                                                                   authority, November 18, 2015.
                                                PART 34—REAL ESTATE LENDING                                  Risk Mortgage Loans
                                                                                                                                                                   Robert deV. Frierson,
                                                AND APPRAISALS                                               *      *      *      *       *                        Secretary of the Board.
                                                ■ 1. The authority citation for part 34                      43(b) Exemptions                                        Dated: October 8, 2015.
                                                continues to read as follows:                                                                                      Richard Cordray,
                                                                                                             *      *      *      *       *
                                                   Authority: 12 U.S.C. 1 et seq., 25b, 29, 93a,                                                                   Director, Bureau of Consumer Financial
                                                371, 1463, 1464, 1465,1701j–3, 1828(o), 3331                 Paragraph 43(b)(2)                                    Protection.
                                                et seq., 5101 et seq., 5412(b)(2)(B) and 15                    1. * * *                                            [FR Doc. 2015–30097 Filed 11–25–15; 8:45 am]
                                                U.S.C. 1639h.                                                  iii. From January 1, 2016, through                  BILLING CODE 4810–33–P; 6210–01–P; 4810–AM–P
                                                                                                             December 31, 2016, the threshold amount is
                                                Subpart G—Appraisals for Higher-                             $25,500.
                                                Priced Mortgage Loans                                                                                              FEDERAL RESERVE SYSTEM
                                                                                                             *      *      *      *       *
                                                ■ 2. In Appendix C to Subpart G, under                       BUREAU OF CONSUMER FINANCIAL                          12 CFR Part 213
                                                Section 34.203—Appraisals for Higher-                        PROTECTION
                                                Priced Mortgage Loans, paragraph                                                                                   [Docket No. R–1519]
                                                34.203(b)(2)–1.iii is added to read as                       Authority and Issuance
                                                                                                                                                                   RIN 7100 AE–35
                                                follows:                                                       For the reasons set forth in the
                                                Appendix C to Subpart G—OCC                                  preamble, the Bureau amends                           BUREAU OF CONSUMER FINANCIAL
                                                Interpretations                                              Regulation Z, 12 CFR part 1026, as set                PROTECTION
                                                                                                             forth below:
                                                *          *      *       *      *                                                                                 12 CFR Part 1013
                                                Section 34.203—Appraisals for Higher-                        PART 1026—TRUTH IN LENDING
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                                                                                                             (REGULATION Z)                                        RIN 3170–AA06
                                                Priced Mortgage Loans
                                                *          *      *       *      *                                                                                 Consumer Leasing (Regulation M)
                                                                                                             ■ 5. The authority citation for part 1026
                                                34.203(b) Exemptions                                         continues to read as follows:                         AGENCIES: Board of Governors of the
                                                *          *      *       *      *                             Authority: 12 U.S.C. 2601, 2603–2605,               Federal Reserve System (Board); and
                                                                                                             2607, 2609, 2617, 3353, 5511, 5512, 5532,             Bureau of Consumer Financial
                                                    12 2   U.S.C. 1532.                                      5581; 15 U.S.C. 1601 et seq.                          Protection (Bureau).


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                                                73946            Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations

                                                ACTION: Final rules, official                           these provisions of the Dodd-Frank Act                    will be increased by $1,000. However, if
                                                interpretations and commentary.                         along with a similar final rule amending                  the annual percentage increase in the
                                                                                                        Regulation Z (which implements the                        CPI–W would result in a $949 increase
                                                SUMMARY:    The Board and the Bureau are                Truth in Lending Act) (collectively, the                  in the threshold amount, the threshold
                                                publishing final rules amending the                     Board Final Threshold Rules).2                            amount will be increased by $900.5 As
                                                official interpretations and commentary                    Title X of the Dodd-Frank Act                          stated in the Board Final Threshold
                                                for the agencies’ regulations that                      transferred rulemaking authority for a                    Rules, if there is no annual percentage
                                                implement the Consumer Leasing Act                      number of consumer financial                              increase in the CPI–W, the Board and
                                                (CLA). The Dodd-Frank Wall Street                       protection laws from the Board to the                     Bureau will not adjust the exemption
                                                Reform and Consumer Protection Act                      Bureau, effective July 21, 2011. In                       threshold from the prior year.6
                                                (Dodd-Frank Act) amended the CLA by                     connection with this transfer of
                                                requiring that the dollar threshold for                                                                           II. Adjustment and Commentary
                                                                                                        rulemaking authority, the Bureau issued
                                                exempt consumer leases be adjusted                                                                                Revision
                                                                                                        its own Regulation M implementing the
                                                annually by the annual percentage                       CLA in an interim final rule, 12 CFR                         Effective January 1, 2016, the
                                                increase in the Consumer Price Index                    part 1013 (Bureau Interim Final Rule).3                   exemption threshold amount remains at
                                                for Urban Wage Earners and Clerical                     The Bureau Interim Final Rule                             $54,600. This is based on the CPI–W in
                                                Workers (CPI–W). If there is no annual                  substantially duplicated the Board’s                      effect on June 1, 2015, which was
                                                percentage increase in the CPI–W, the                   Regulation M, including the revisions to                  reported on May 22, 2015. The Bureau
                                                Board and Bureau will not adjust this                   the threshold for exempt transactions                     of Labor Statistics publishes consumer-
                                                exemption threshold from the prior                                                                                based indices monthly, but does not
                                                                                                        made by the Board in April 2011.
                                                year. Based on the annual percentage                                                                              report a CPI change on June 1;
                                                                                                        Although the Bureau has the authority
                                                decrease in the CPI–W as of June 1,                                                                               adjustments are reported in the middle
                                                                                                        to issue rules to implement the CLA for
                                                2015, the exemption threshold will                                                                                of the month. The CPI–W is a subset of
                                                                                                        most entities, the Board retains
                                                remain at $54,600 through December 31,                                                                            the CPI–U index (based on all urban
                                                                                                        authority to issue rules under the CLA
                                                2016.                                                                                                             consumers) and represents
                                                                                                        for certain motor vehicle dealers
                                                   Because the Dodd-Frank Act also                                                                                approximately 28 percent of the U.S.
                                                                                                        covered by section 1029(a) of the Dodd-
                                                requires similar adjustments in the                                                                               population. Because the CPI–W reported
                                                                                                        Frank Act, and the Board’s Regulation
                                                Truth in Lending Act’s threshold for                                                                              on May 22, 2015 reflects a 0.8 percent
                                                                                                        M continues to apply to those entities.4
                                                exempt consumer credit transactions,                                                                              decrease in the CPI–W from April 2014
                                                                                                           Section 213.2(e)(1) of the Board’s
                                                the Board and the Bureau are making                                                                               to April 2015, the Board and the Bureau
                                                                                                        Regulation M and § 1013.2(e)(1) of the
                                                similar amendments to each of their                                                                               are not adjusting the exemption
                                                                                                        Bureau’s Regulation M, and their
                                                respective regulations implementing the                                                                           threshold amount. The Board and the
                                                                                                        accompanying commentaries, provide
                                                Truth in Lending Act elsewhere in this                                                                            Bureau are revising the commentaries to
                                                                                                        that the exemption threshold will be
                                                issue of the Federal Register.                                                                                    their respective regulations to add new
                                                                                                        adjusted annually effective January 1 of
                                                DATES: This final rule is effective                     each year based on any annual                             comment 2(e)–9.vii to state that, from
                                                January 1, 2016.                                        percentage increase in the CPI–W that                     January 1, 2016 through December 31,
                                                FOR FURTHER INFORMATION CONTACT:                        was in effect on the preceding June 1.                    2016, the threshold amount is $54,600.
                                                Board: Vivian W. Wong, Counsel,                         Any increase in the threshold amount                      These revisions are effective January 1,
                                                Division of Consumer and Community                      will be rounded to the nearest $100                       2016.
                                                Affairs, Board of Governors of the                      increment. For example, if the annual                     III. Administrative Law Matters
                                                Federal Reserve System, at (202) 452–                   percentage increase in the CPI–W would
                                                3667; for users of Telecommunications                   result in a $950 increase in the                          Administrative Procedure Act
                                                Device for the Deaf (TDD) only, contact                 threshold amount, the threshold amount                       Under the Administrative Procedure
                                                (202) 263–4869.                                                                                                   Act, notice and opportunity for public
                                                   Bureau: James Wylie, Counsel, Office                    2 76 FR 18349 (Apr. 4, 2011); 76 FR 18354 (Apr.        comment are not required if the Board
                                                of Regulations, Bureau of Consumer                      4, 2011).                                                 and the Bureau find that notice and
                                                Financial Protection, at (202) 435–7700.                   3 76 FR 78500 (Dec. 19, 2011).
                                                                                                                                                                  public comment are impracticable,
                                                                                                           4 Section 1029(a) of the Dodd-Frank Act states:
                                                SUPPLEMENTARY INFORMATION:                                                                                        unnecessary, or contrary to the public
                                                                                                        ‘‘Except as permitted in subsection (b), the Bureau
                                                                                                                                                                  interest.7 The amendment in this notice
                                                I. Background                                           may not exercise any rulemaking, supervisory,
                                                                                                        enforcement, or any other authority . . . over a          is technical and applies the method
                                                   The Dodd-Frank Wall Street Reform                    motor vehicle dealer that is predominantly engaged        previously set forth in the Board Final
                                                and Consumer Protection Act of 2010                     in the sale and servicing of motor vehicles, the          Threshold Rules.8 For these reasons, the
                                                (Dodd-Frank Act) increased the                          leasing and servicing of motor vehicles, or both.’’
                                                                                                        12 U.S.C. 5519(a). Section 1029(b) of the Dodd-
                                                                                                                                                                  Board and the Bureau have determined
                                                threshold in the Consumer Leasing Act                   Frank Act states: ‘‘Subsection (a) shall not apply to     that publishing a notice of proposed
                                                (CLA) for exempt consumer leases from                   any person, to the extent that such person (1)            rulemaking and providing opportunity
                                                $25,000 to $50,000, effective July 21,                  provides consumers with any services related to           for public comment are unnecessary.
                                                2011.1 In addition, the Dodd-Frank Act                  residential or commercial mortgages or self-
                                                                                                        financing transactions involving real property; (2)
                                                                                                                                                                  Therefore, the amendments are adopted
                                                requires that this threshold be adjusted                operates a line of business (A) that involves the         in final form.
                                                annually for inflation by the annual                    extension of retail credit or retail leases involving
                                                percentage increase in the Consumer                     motor vehicles; and (B) in which (i) the extension        Regulatory Flexibility Act
                                                Price Index for Urban Wage Earners and                  of retail credit or retail leases are provided directly     The Regulatory Flexibility Act (RFA)
                                                                                                        to consumers; and (ii) the contract governing such
                                                Clerical Workers (CPI–W), as published                                                                            does not apply to a rulemaking where a
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                                                                                                        extension of retail credit or retail leases is not
                                                by the Bureau of Labor Statistics. In                   routinely assigned to an unaffiliated third party
                                                                                                                                                                    5 See comments 2(e)–9 in Supplements I of 12
                                                April 2011, the Board issued a final rule               finance or leasing source; or (3) offers or provides
                                                                                                        a consumer financial product or service not               CFR part 213 and 12 CFR part 1013.
                                                amending Regulation M (which                                                                                        6 76 FR 18354, 18355 n.1 (Apr. 4, 2011) (‘‘[A]n
                                                                                                        involving or related to the sale, financing, leasing,
                                                implements the CLA) consistent with                     rental, repair, refurbishment, maintenance, or other      annual period of deflation or no inflation would not
                                                                                                        servicing of motor vehicles, motor vehicle parts, or      require a change in the threshold amount.’’).
                                                  1 Public Law 111–203 section 1100E, 124 Stat.                                                                     7 See 5 U.S.C. 553(b)(B).
                                                                                                        any related or ancillary product or service.’’ 12
                                                1376 (2010).                                            U.S.C. 5519(b).                                             8 See supra note 6.




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                                                                    Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations                                                73947

                                                general notice of proposed rulemaking                      Bureau of Consumer Financial                          for the agencies’ regulations that
                                                is not required.9 As noted previously,                     Protection                                            implement the Truth in Lending Act
                                                the agencies have determined that it is                                                                          (TILA). The Dodd-Frank Wall Street
                                                                                                           Authority and Issuance
                                                unnecessary to publish a general notice                                                                          Reform and Consumer Protection Act
                                                of proposed rulemaking for this joint                        For the reasons set forth in the                    (Dodd-Frank Act) amended TILA by
                                                final rule. Accordingly, the RFA’s                         preamble, the Bureau amends                           requiring that the dollar threshold for
                                                requirements relating to an initial and                    Regulation M, 12 CFR part 1013, as set                exempt consumer credit transactions be
                                                final regulatory flexibility analysis do                   forth below:                                          adjusted annually by the annual
                                                not apply.                                                                                                       percentage increase in the Consumer
                                                                                                           PART 1013—CONSUMER LEASING                            Price Index for Urban Wage Earners and
                                                Paperwork Reduction Act                                    (REGULATION M)                                        Clerical Workers (CPI–W). If there is no
                                                                                                                                                                 annual percentage increase in the CPI–
                                                  In accordance with the Paperwork                         ■ 3. The authority citation for part 1013             W, the Board and Bureau will not adjust
                                                Reduction Act of 1995,10 the agencies                      continues to read as follows:                         this exemption threshold from the prior
                                                reviewed this final rule. No collections                     Authority: 15 U.S.C. 1604 and 1667f; Pub.           year. Based on the annual percentage
                                                of information pursuant to the                             L. 111–203 section 1100E, 124 Stat. 1376.             decrease in the CPI–W as of June 1,
                                                Paperwork Reduction Act are contained                                                                            2015, the exemption threshold will
                                                in the final rule.                                         ■ 4. In Supplement I to part 1013, under
                                                                                                                                                                 remain at $54,600 through December 31,
                                                                                                           Section 1013.2—Definitions, under 2(e)
                                                                                                                                                                 2016.
                                                List of Subjects                                           Consumer Lease, paragraph 9.vii is                      Because the Dodd-Frank Act also
                                                                                                           added to read as follows:                             requires similar adjustments in the
                                                12 CFR Part 213
                                                                                                           Supplement I to Part 1013—Official                    Consumer Leasing Act’s threshold for
                                                  Advertising, Consumer leasing,                           Interpretations                                       exempt consumer leases, the Board and
                                                Consumer protection, Federal Reserve                                                                             the Bureau are making similar
                                                System, Reporting and recordkeeping                        *      *      *      *       *
                                                                                                                                                                 amendments to each of their respective
                                                requirements.                                              Section 1013.2—Definitions                            regulations implementing the Consumer
                                                                                                           *      *      *      *       *                        Leasing Act elsewhere in this issue of
                                                12 CFR Part 1013                                                                                                 the Federal Register.
                                                                                                             2(e) Consumer Lease. * * * .
                                                  Advertising, Consumer leasing,                             9. * * *                                            DATES: This final rule is effective
                                                                                                             vii. From January 1, 2016 through                   January 1, 2016.
                                                Reporting and recordkeeping                                December 31, 2016, the threshold amount is
                                                requirements.                                                                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                           $54,600.
                                                                                                                                                                 Board: Vivian W. Wong, Counsel,
                                                Board of Governors of the Federal                          *      *      *      *       *                        Division of Consumer and Community
                                                Reserve System                                               By order of the Board of Governors of the           Affairs, Board of Governors of the
                                                                                                           Federal Reserve System, November 18, 2015.            Federal Reserve System, at (202) 452–
                                                Text of Final Revisions
                                                                                                           Robert deV. Frierson,                                 3667; for users of Telecommunications
                                                  For the reasons set forth in the                         Secretary of the Board.                               Device for the Deaf (TDD) only, contact
                                                preamble, the Board amends Regulation                        Dated: September 22, 2015.                          (202) 263–4869.
                                                M, 12 CFR part 213, as set forth below:                    Richard Cordray,                                        Bureau: James Wylie, Counsel, Office
                                                                                                           Director, Bureau of Consumer Financial                of Regulations, Bureau of Consumer
                                                PART 213—CONSUMER LEASING                                  Protection.                                           Financial Protection, at (202) 435–7700.
                                                (REGULATION M)                                             [FR Doc. 2015–30071 Filed 11–25–15; 8:45 am]          SUPPLEMENTARY INFORMATION:
                                                                                                           BILLING CODE 4810–AM–P; 6210–01–P                     I. Background
                                                ■ 1. The authority citation for part 213
                                                continues to read as follows:                                                                                       The Dodd-Frank Wall Street Reform
                                                                                                           FEDERAL RESERVE SYSTEM                                and Consumer Protection Act (Dodd-
                                                  Authority: 15 U.S.C. 1604 and 1667f; Pub.                                                                      Frank Act) increased the threshold in
                                                L. 111–203 section 1100E, 124 Stat. 1376.                                                                        the Truth in Lending Act (TILA) for
                                                                                                           12 CFR Part 226
                                                ■ 2. In Supplement I to Part 213, under                                                                          exempt consumer credit transactions 1
                                                                                                           [Docket No. R–1520]                                   from $25,000 to $50,000, effective July
                                                Section 213.2—Definitions, under 2(e)
                                                Consumer Lease, paragraph 9.vii is                         RIN 7100 AE–36                                        21, 2011.2 In addition, the Dodd-Frank
                                                added to read as follows:                                                                                        Act requires that this threshold be
                                                                                                           BUREAU OF CONSUMER FINANCIAL                          adjusted annually for inflation by the
                                                Supplement I to Part 213—Official Staff                    PROTECTION                                            annual percentage increase in the
                                                Commentary to Regulation M                                                                                       Consumer Price Index for Urban Wage
                                                                                                           12 CFR Part 1026                                      Earners and Clerical Workers (CPI–W),
                                                *           *   *       *      *
                                                                                                                                                                 as published by the Bureau of Labor
                                                Section 213.2—Definitions                                  Truth in Lending (Regulation Z)                       Statistics. In April 2011, the Board
                                                *           *   *       *      *                                                                                 issued a final rule amending Regulation
                                                                                                           AGENCIES:  Board of Governors of the
                                                  2(e) Consumer Lease.                                                                                           Z (which implements TILA) consistent
                                                                                                           Federal Reserve System (Board); and
                                                  9. * * *                                                 Bureau of Consumer Financial
mstockstill on DSK4VPTVN1PROD with RULES




                                                                                                                                                                   1 Although consumer credit transactions above
                                                  vii. From January 1, 2016 through                        Protection (Bureau).                                  the threshold are generally exempt, loans secured
                                                December 31, 2016, the threshold amount is                                                                       by real property or by personal property used or
                                                                                                           ACTION: Final rules, official
                                                $54,600.                                                                                                         expected to be used as the principal dwelling of a
                                                                                                           interpretations and commentary.                       consumer and private education loans are covered
                                                *           *   *       *      *
                                                                                                                                                                 by TILA regardless of the loan amount. See 12 CFR
                                                                                                           SUMMARY:    The Board and the Bureau are              226.3(b)(1)(i) and 12 CFR 1026.3(b)(1)(i).
                                                    9 See 5 U.S.C. 603 and 604.                            publishing final rules amending the                     2 Public Law 111–203 section 1100E, 124 Stat.
                                                    10 44 U.S.C. 3506; 5 CFR part 1320.                    official interpretations and commentary               1376 (2010).



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Document Created: 2015-12-14 14:04:50
Document Modified: 2015-12-14 14:04:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rules, official interpretations and commentary.
DatesThis final rule is effective January 1, 2016.
ContactBoard: Vivian W. Wong, 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.
FR Citation80 FR 73945 
RIN Number7100 AE35 and 3170-AA06
CFR Citation12 CFR 1013
12 CFR 213
CFR AssociatedAdvertising; Consumer Leasing; Consumer Protection; Federal Reserve System and Reporting and Recordkeeping Requirements

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