80_FR_74175 80 FR 73947 - Truth in Lending (Regulation Z)

80 FR 73947 - Truth in Lending (Regulation Z)

FEDERAL RESERVE SYSTEM
BUREAU OF CONSUMER FINANCIAL PROTECTION

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

Page Range73947-73949
FR Document2015-30091

The Board and the Bureau are publishing final rules amending the official interpretations and commentary for the agencies' regulations that implement the Truth in Lending Act (TILA). The Dodd- Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) amended TILA by requiring that the dollar threshold for exempt consumer credit transactions be adjusted annually by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). If there is no annual percentage increase in the CPI-W, the Board and Bureau will not adjust this exemption threshold from the prior year. 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 Consumer Leasing Act's threshold for exempt consumer leases, the Board and the Bureau are making similar amendments to each of their respective regulations implementing the Consumer Leasing 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 73947-73949]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30091]


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FEDERAL RESERVE SYSTEM

12 CFR Part 226

[Docket No. R-1520]
RIN 7100 AE-36

BUREAU OF CONSUMER FINANCIAL PROTECTION

12 CFR Part 1026


Truth in Lending (Regulation Z)

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

ACTION: Final rules, official interpretations and commentary.

-----------------------------------------------------------------------

SUMMARY: The Board and the Bureau are publishing final rules amending 
the official interpretations and commentary for the agencies' 
regulations that implement the Truth in Lending Act (TILA). The Dodd-
Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) 
amended TILA by requiring that the dollar threshold for exempt consumer 
credit transactions be adjusted annually by the annual percentage 
increase in the Consumer Price Index for Urban Wage Earners and 
Clerical Workers (CPI-W). If there is no annual percentage increase in 
the CPI-W, the Board and Bureau will not adjust this exemption 
threshold from the prior year. 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 
Consumer Leasing Act's threshold for exempt consumer leases, the Board 
and the Bureau are making similar amendments to each of their 
respective regulations implementing the Consumer Leasing Act elsewhere 
in this issue of the Federal Register.

DATES: This final rule is effective January 1, 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 
(Dodd-Frank Act) increased the threshold in the Truth in Lending Act 
(TILA) for exempt consumer credit transactions \1\ from $25,000 to 
$50,000, effective July 21, 2011.\2\ 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 Z (which implements TILA) consistent

[[Page 73948]]

with these provisions of the Dodd-Frank Act along with a similar final 
rule amending Regulation M (which implements the Consumer Leasing Act) 
(collectively, the Board Final Threshold Rules).\3\
---------------------------------------------------------------------------

    \1\ Although consumer credit transactions above the threshold 
are generally exempt, loans secured by real property or by personal 
property used or expected to be used as the principal dwelling of a 
consumer and private education loans are covered by TILA regardless 
of the loan amount. See 12 CFR 226.3(b)(1)(i) and 12 CFR 
1026.3(b)(1)(i).
    \2\ Public Law 111-203 section 1100E, 124 Stat. 1376 (2010).
    \3\ 76 FR 18354 (Apr. 4, 2011); 76 FR 18349 (Apr. 4, 2011).
---------------------------------------------------------------------------

    Title X of the Dodd-Frank Act transferred rulemaking authority for 
a number of consumer financial protection laws from the Board to the 
Bureau, effective July 21, 2011. In connection with this transfer of 
rulemaking authority, the Bureau issued its own Regulation Z 
implementing TILA in an interim final rule, 12 CFR part 1026 (Bureau 
Interim Final Rule).\4\ The Bureau Interim Final Rule substantially 
duplicated the Board's Regulation Z, including the revisions to the 
threshold for exempt transactions made by the Board in April 2011. 
Although the Bureau has the authority to issue rules to implement TILA 
for most entities, the Board retains authority to issue rules under 
TILA for certain motor vehicle dealers covered by section 1029(a) of 
the Dodd-Frank Act, and the Board's Regulation Z continues to apply to 
those entities.\5\
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    \4\ 76 FR 79768 (Dec. 22, 2011).
    \5\ Section 1029(a) of the Dodd-Frank Act states: ``Except as 
permitted in subsection (b), the Bureau may not exercise any 
rulemaking, supervisory, enforcement, or any other authority . . . 
over a motor vehicle dealer that is predominantly engaged in the 
sale and servicing of motor vehicles, the leasing and servicing of 
motor vehicles, or both.'' 12 U.S.C. 5519(a). Section 1029(b) of the 
Dodd-Frank Act states: ``Subsection (a) shall not apply to any 
person, to the extent that such person (1) provides consumers with 
any services related to residential or commercial mortgages or self-
financing transactions involving real property; (2) operates a line 
of business (A) that involves the extension of retail credit or 
retail leases involving motor vehicles; and (B) in which (i) the 
extension of retail credit or retail leases are provided directly to 
consumers; and (ii) the contract governing such extension of retail 
credit or retail leases is not routinely assigned to an unaffiliated 
third party finance or leasing source; or (3) offers or provides a 
consumer financial product or service not involving or related to 
the sale, financing, leasing, rental, repair, refurbishment, 
maintenance, or other servicing of motor vehicles, motor vehicle 
parts, or any related or ancillary product or service.'' 12 U.S.C. 
5519(b).
---------------------------------------------------------------------------

    Section 226.3(b)(1)(ii) of the Board's Regulation Z and Sec.  
1026.3(b)(1)(ii) of the Bureau's Regulation Z, and their accompanying 
commentaries, provide that the exemption threshold will be adjusted 
annually effective January 1 of each year based on any annual 
percentage increase in the CPI-W that was in effect on the preceding 
June 1. 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.\6\ 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.\7\
---------------------------------------------------------------------------

    \6\ See comments 3(b)-1 in Supplements I of 12 CFR part 226 and 
12 CFR part 1026.
    \7\ 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.'').
---------------------------------------------------------------------------

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 3(b)-1.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.\8\ The amendment in this notice is technical 
and applies the method previously set forth in the Board Final 
Threshold Rules.\9\ 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.
---------------------------------------------------------------------------

    \8\ 5 U.S.C. 553(b)(B).
    \9\ See supra note 7.
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Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) does not apply to a rulemaking 
where a general notice of proposed rulemaking is not required.\10\ 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.
---------------------------------------------------------------------------

    \10\ 5 U.S.C. 603 and 604.
---------------------------------------------------------------------------

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995,\11\ the 
agencies reviewed this final rule. No collections of information 
pursuant to the Paperwork Reduction Act are contained in the final 
rule.
---------------------------------------------------------------------------

    \11\ 44 U.S.C. 3506; 5 CFR part 1320.
---------------------------------------------------------------------------

List of Subjects

12 CFR Part 226

    Advertising, Consumer protection, Federal Reserve System, Reporting 
and recordkeeping requirements, Truth in lending.

12 CFR Part 1026

    Advertising, Consumer protection, Credit, Credit unions, Mortgages, 
National banks, Reporting and recordkeeping requirements, Savings 
associations, Truth in lending.

BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

Text of Final Revisions

    For the reasons set forth in the preamble, the Board amends 
Regulation Z, 12 CFR part 226, as set forth below:

PART 226--TRUTH IN LENDING (REGULATION Z)

0
1. The authority citation for part 226 continues to read as follows:

    Authority:  12 U.S.C. 3806; 15 U.S.C. 1604, 1637(c)(5), and 
1639(l); Pub. L. 111-24, section 2, 123 Stat. 1734; Pub. L. 111-203, 
124 Stat. 1376.


0
2. In Supplement I to part 226, under Section 226.3--Exempt 
Transactions, under 3(b) Credit over applicable threshold amount, 
paragraph 1.vii is added to read as follows:

Supplement I to Part 226--Official Staff Interpretations

* * * * *

Subpart A--General

* * * * *



[[Page 73949]]

Section 226.3--Exempt Transactions

* * * * *
    3(b) Credit over applicable threshold amount.
    1. * * *
    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 Z, 12 CFR part 1026, as set forth below:

PART 1026--TRUTH IN LENDING (REGULATION Z)

0
3. The authority citation for part 1026 continues to read as follows:

    Authority: 12 U.S.C. 2601, 2603-2605, 2607, 2609, 2617, 3353, 
5511, 5512, 5532, 5581; 15 U.S.C. 1601 et seq.


0
4. In Supplement I to part 1026, under Section 1026.3--Exempt 
Transactions, under 3(b) Credit Over Applicable Threshold Amount, 
paragraph 1.vii is added to read as follows:

Supplement I to Part 1026--Official Interpretations

* * * * *

Subpart A--General

* * * * *

Section 1026.3--Exempt Transactions

* * * * *
    3(b) Credit Over Applicable Threshold Amount
    1. * * *
    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. 2015-30091 Filed 11-25-15; 8:45 am]
 BILLING CODE: 6210-01-P; 4810-AM-P



                                                                    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
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                                                                                                                                                                   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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                                                73948             Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations

                                                with these provisions of the Dodd-Frank                   threshold amount, the threshold amount                 Regulatory Flexibility Act
                                                Act along with a similar final rule                       will be increased by $1,000. However, if
                                                                                                                                                                    The Regulatory Flexibility Act (RFA)
                                                amending Regulation M (which                              the annual percentage increase in the
                                                                                                                                                                 does not apply to a rulemaking where a
                                                implements the Consumer Leasing Act)                      CPI–W would result in a $949 increase
                                                                                                                                                                 general notice of proposed rulemaking
                                                (collectively, the Board Final Threshold                  in the threshold amount, the threshold                 is not required.10 As noted previously,
                                                Rules).3                                                  amount will be increased by $900.6 As
                                                   Title X of the Dodd-Frank Act                                                                                 the agencies have determined that it is
                                                                                                          stated in the Board Final Threshold                    unnecessary to publish a general notice
                                                transferred rulemaking authority for a                    Rules, if there is no annual percentage
                                                number of consumer financial                                                                                     of proposed rulemaking for this joint
                                                                                                          increase in the CPI–W, the Board and                   final rule. Accordingly, the RFA’s
                                                protection laws from the Board to the                     Bureau will not adjust the exemption
                                                Bureau, effective July 21, 2011. In                                                                              requirements relating to an initial and
                                                                                                          threshold from the prior year.7                        final regulatory flexibility analysis do
                                                connection with this transfer of
                                                rulemaking authority, the Bureau issued                   II. Adjustment and Commentary                          not apply.
                                                its own Regulation Z implementing                         Revision                                               Paperwork Reduction Act
                                                TILA in an interim final rule, 12 CFR
                                                part 1026 (Bureau Interim Final Rule).4                      Effective January 1, 2016, the                        In accordance with the Paperwork
                                                The Bureau Interim Final Rule                             exemption threshold amount remains at                  Reduction Act of 1995,11 the agencies
                                                substantially duplicated the Board’s                      $54,600. This is based on the CPI–W in                 reviewed this final rule. No collections
                                                Regulation Z, including the revisions to                  effect on June 1, 2015, which was                      of information pursuant to the
                                                the threshold for exempt transactions                     reported on May 22, 2015. The Bureau                   Paperwork Reduction Act are contained
                                                made by the Board in April 2011.                          of Labor Statistics publishes consumer-                in the final rule.
                                                Although the Bureau has the authority                     based indices monthly, but does not                    List of Subjects
                                                to issue rules to implement TILA for                      report a CPI change on June 1;
                                                most entities, the Board retains                          adjustments are reported in the middle                 12 CFR Part 226
                                                authority to issue rules under TILA for                   of the month. The CPI–W is a subset of                   Advertising, Consumer protection,
                                                certain motor vehicle dealers covered by                  the CPI–U index (based on all urban                    Federal Reserve System, Reporting and
                                                section 1029(a) of the Dodd-Frank Act,                    consumers) and represents                              recordkeeping requirements, Truth in
                                                and the Board’s Regulation Z continues                    approximately 28 percent of the U.S.                   lending.
                                                to apply to those entities.5                              population. Because the CPI–W reported
                                                   Section 226.3(b)(1)(ii) of the Board’s                 on May 22, 2015 reflects a 0.8 percent                 12 CFR Part 1026
                                                Regulation Z and § 1026.3(b)(1)(ii) of the                decrease in the CPI–W from April 2014                    Advertising, Consumer protection,
                                                Bureau’s Regulation Z, and their                          to April 2015, the Board and the Bureau                Credit, Credit unions, Mortgages,
                                                accompanying commentaries, provide                        are not adjusting the exemption                        National banks, Reporting and
                                                that the exemption threshold will be                      threshold amount. The Board and the                    recordkeeping requirements, Savings
                                                adjusted annually effective January 1 of                  Bureau are revising the commentaries to                associations, Truth in lending.
                                                each year based on any annual                             their respective regulations to add new
                                                percentage increase in the CPI–W that                     comment 3(b)–1.vii to state that, from                 BOARD OF GOVERNORS OF THE
                                                was in effect on the preceding June 1.                    January 1, 2016 through December 31,                   FEDERAL RESERVE SYSTEM
                                                Any increase in the threshold amount                      2016, the threshold amount is $54,600.                 Text of Final Revisions
                                                will be rounded to the nearest $100                       These revisions are effective January 1,
                                                increment. For example, if the annual                                                                              For the reasons set forth in the
                                                                                                          2016.
                                                percentage increase in the CPI–W would                                                                           preamble, the Board amends Regulation
                                                result in a $950 increase in the                          III. Administrative Law Matters                        Z, 12 CFR part 226, as set forth below:
                                                                                                          Administrative Procedure Act                           PART 226—TRUTH IN LENDING
                                                  3 76  FR 18354 (Apr. 4, 2011); 76 FR 18349 (Apr.
                                                4, 2011).                                                                                                        (REGULATION Z)
                                                                                                             Under the Administrative Procedure
                                                   4 76 FR 79768 (Dec. 22, 2011).
                                                   5 Section 1029(a) of the Dodd-Frank Act states:
                                                                                                          Act, notice and opportunity for public                 ■ 1. The authority citation for part 226
                                                ‘‘Except as permitted in subsection (b), the Bureau       comment are not required if the Board                  continues to read as follows:
                                                may not exercise any rulemaking, supervisory,             and the Bureau find that notice and
                                                enforcement, or any other authority . . . over a          public comment are impracticable,                        Authority: 12 U.S.C. 3806; 15 U.S.C. 1604,
                                                motor vehicle dealer that is predominantly engaged                                                               1637(c)(5), and 1639(l); Pub. L. 111–24,
                                                                                                          unnecessary, or contrary to the public                 section 2, 123 Stat. 1734; Pub. L. 111–203,
                                                in the sale and servicing of motor vehicles, the
                                                leasing and servicing of motor vehicles, or both.’’       interest.8 The amendment in this notice                124 Stat. 1376.
                                                12 U.S.C. 5519(a). Section 1029(b) of the Dodd-           is technical and applies the method
                                                Frank Act states: ‘‘Subsection (a) shall not apply to     previously set forth in the Board Final                ■ 2. In Supplement I to part 226, under
                                                any person, to the extent that such person (1)            Threshold Rules.9 For these reasons, the               Section 226.3—Exempt Transactions,
                                                provides consumers with any services related to
                                                residential or commercial mortgages or self-              Board and the Bureau have determined                   under 3(b) Credit over applicable
                                                financing transactions involving real property; (2)       that publishing a notice of proposed                   threshold amount, paragraph 1.vii is
                                                operates a line of business (A) that involves the         rulemaking and providing opportunity                   added to read as follows:
                                                extension of retail credit or retail leases involving
                                                motor vehicles; and (B) in which (i) the extension
                                                                                                          for public comment are unnecessary.                    Supplement I to Part 226—Official Staff
                                                of retail credit or retail leases are provided directly   Therefore, the amendments are adopted                  Interpretations
                                                to consumers; and (ii) the contract governing such        in final form.
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                                                extension of retail credit or retail leases is not                                                               *           *       *    *      *
                                                routinely assigned to an unaffiliated third party           6 See
                                                finance or leasing source; or (3) offers or provides              comments 3(b)–1 in Supplements I of 12
                                                                                                          CFR part 226 and 12 CFR part 1026.                     Subpart A—General
                                                a consumer financial product or service not
                                                                                                            7 76 FR 18354, 18355 n.1 (Apr. 4, 2011) (‘‘[A]n
                                                involving or related to the sale, financing, leasing,                                                            *           *       *    *      *
                                                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.’’).
                                                                                                            8 5 U.S.C. 553(b)(B).                                    10 5   U.S.C. 603 and 604.
                                                any related or ancillary product or service.’’ 12
                                                U.S.C. 5519(b).                                             9 See supra note 7.                                      11 44   U.S.C. 3506; 5 CFR part 1320.



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                                                                 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations                                          73949

                                                Section 226.3—Exempt Transactions                       DEPARTMENT OF TRANSPORTATION                          Examining the AD Docket
                                                *     *    *     *    *                                 Federal Aviation Administration                         You may examine the AD docket on
                                                  3(b) Credit over applicable threshold                                                                       the Internet at http://
                                                amount.                                                 14 CFR Part 39                                        www.regulations.gov by searching for
                                                                                                                                                              and locating Docket No. FAA–2014–
                                                  1. * * *                                                                                                    0346; or in person at the Docket
                                                                                                        [Docket No. FAA–2014–0346; Directorate
                                                  vii. From January 1, 2016 through                     Identifier 2014–NM–010–AD; Amendment                  Management Facility between 9 a.m.
                                                December 31, 2016, the threshold                        39–18324; AD 2015–23–08]                              and 5 p.m., Monday through Friday,
                                                amount is $54,600.                                                                                            except Federal holidays. The AD docket
                                                *     *    *     *    *                                 RIN 2120–AA64                                         contains this AD, the regulatory
                                                                                                                                                              evaluation, any comments received, and
                                                BUREAU OF CONSUMER FINANCIAL                            Airworthiness Directives; The Boeing                  other information. The address for the
                                                PROTECTION                                              Company Airplanes                                     Docket Office (phone: 800–647–5527) is
                                                Authority and Issuance                                  AGENCY:  Federal Aviation                             Docket Management Facility, U.S.
                                                                                                        Administration (FAA), DOT.                            Department of Transportation, Docket
                                                  For the reasons set forth in the                                                                            Operations, M–30, West Building
                                                                                                        ACTION: Final rule.
                                                preamble, the Bureau amends                                                                                   Ground Floor, Room W12–140, 1200
                                                Regulation Z, 12 CFR part 1026, as set                  SUMMARY:   We are adopting a new                      New Jersey Avenue SE., Washington,
                                                forth below:                                            airworthiness directive (AD) for certain              DC 20590.
                                                                                                        The Boeing Company Model 737–100,–                    FOR FURTHER INFORMATION CONTACT:
                                                PART 1026—TRUTH IN LENDING                              200,–200C,–300,–400, and –500 series                  Galib Abumeri, Aerospace Engineer,
                                                (REGULATION Z)                                          airplanes. This AD was prompted by                    Airframe Branch, ANM–120L, FAA, Los
                                                                                                        reports of cracks in fuselage frames, and             Angeles Aircraft Certification Office,
                                                ■ 3. The authority citation for part 1026               a report of a missing strap that was not              3960 Paramount Boulevard, Lakewood,
                                                continues to read as follows:                           installed on a fuselage frame during                  CA 90712–4137; phone: 562–627–5324;
                                                  Authority: 12 U.S.C. 2601, 2603–2605,
                                                                                                        production. This AD requires an                       fax: 562–627–5210; email:
                                                2607, 2609, 2617, 3353, 5511, 5512, 5532,
                                                                                                        inspection to determine if the strap                  galib.abumeri@faa.gov.
                                                5581; 15 U.S.C. 1601 et seq.
                                                                                                        adjacent to a certain stringer is installed,          SUPPLEMENTARY INFORMATION:
                                                                                                        and repair if it is missing; repetitive
                                                                                                        inspections of the frame for cracking or              Discussion
                                                ■ 4. In Supplement I to part 1026, under
                                                Section 1026.3—Exempt Transactions,                     a severed frame web; and related                         We issued a notice of proposed
                                                under 3(b) Credit Over Applicable                       investigative and corrective actions if               rulemaking (NPRM) to amend 14 CFR
                                                Threshold Amount, paragraph 1.vii is                    necessary. This AD also provides                      part 39 by adding an AD that would
                                                                                                        optional actions to terminate certain                 apply to certain The Boeing Company
                                                added to read as follows:
                                                                                                        repetitive inspections. We are issuing                Model 737–100,–200,–200C–300,–400,
                                                Supplement I to Part 1026—Official                      this AD to detect and correct missing                 and–500 series airplanes. The NPRM
                                                Interpretations                                         fuselage frame straps and frame cracking              published in the Federal Register on
                                                                                                        that can result in severed frames which,              June 30, 2014 (79 FR 36672). The NPRM
                                                *      *     *       *      *                           with multiple adjacent severed frames,                was prompted by reports of cracks in
                                                                                                        or the combination of a severed frame                 fuselage frames, and a report of a
                                                Subpart A—General
                                                                                                        and fuselage skin chemical mill cracks,               missing strap that was not installed on
                                                *      *     *       *      *                           can result in uncontrolled                            a fuselage frame during production. The
                                                                                                        decompression of the airplane.                        NPRM proposed to require an
                                                Section 1026.3—Exempt Transactions
                                                                                                        DATES: This AD is effective January 4,                inspection to determine if the strap
                                                *     *    *    *     *                                 2016.                                                 adjacent to a certain stringer is installed,
                                                  3(b) Credit Over Applicable Threshold                    The Director of the Federal Register               and repair if it is missing; repetitive
                                                Amount                                                  approved the incorporation by reference               inspections of the frame for cracking or
                                                                                                        of a certain publication listed in this AD            a severed frame web; and related
                                                  1. * * *                                              as of January 4, 2016.                                investigative and corrective actions if
                                                  vii. From January 1, 2016 through                     ADDRESSES: For service information                    necessary. The NPRM also provided
                                                December 31, 2016, the threshold                        identified in this AD, contact Boeing                 optional actions to terminate certain
                                                amount is $54,600.                                      Commercial Airplanes, Attention: Data                 repetitive inspections. We are issuing
                                                *     *    *    *     *                                 & Services Management, P.O. Box 3707,                 this AD to detect and correct missing
                                                                                                        MC 2H–65, Seattle, WA 98124–2207;                     fuselage frame straps and frame cracking
                                                  By order of the Board of Governors of the
                                                                                                        telephone 206–544–5000, extension 1;                  that can result in severed frames.
                                                Federal Reserve System, November 18, 2015.
                                                                                                        fax 206–766–5680; Internet https://                   Continued operation of the airplane
                                                Robert deV. Frierson,                                   www.myboeingfleet.com. You may view                   with multiple adjacent severed frames,
                                                Secretary of the Board.                                 this referenced service information at                or the combination of a severed frame
                                                  Dated: September 22, 2015.                            the FAA, Transport Airplane                           and fuselage skin chemical mill cracks,
                                                Richard Cordray,                                        Directorate, 1601 Lind Avenue SW.,                    can result in uncontrolled
mstockstill on DSK4VPTVN1PROD with RULES




                                                Director, Bureau of Consumer Financial
                                                                                                        Renton, WA. For information on the                    decompression of the airplane.
                                                Protection.                                             availability of this material at the FAA,
                                                                                                                                                              Comments
                                                                                                        call 425–227–1221. It is also available
                                                [FR Doc. 2015–30091 Filed 11–25–15; 8:45 am]
                                                                                                        on the Internet at http://                              We gave the public the opportunity to
                                                BILLING CODE: 6210–01–P; 4810–AM–P
                                                                                                        www.regulations.gov by searching for                  participate in developing this AD. The
                                                                                                        and locating Docket No. FAA–2014–                     following presents the comments
                                                                                                        0346.’’                                               received on the NPRM (79 FR 36672,


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Document Created: 2015-12-14 14:05:00
Document Modified: 2015-12-14 14:05:00
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 73947 
RIN Number7100 AE36
CFR Citation12 CFR 1026
12 CFR 226
CFR AssociatedCredit; Credit Unions; Mortgages; National Banks; Savings Associations; Advertising; Consumer Protection; Federal Reserve System; Reporting and Recordkeeping Requirements and Truth in Lending

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