82_FR_52191 82 FR 51975 - Consumer Leasing (Regulation M)

82 FR 51975 - Consumer Leasing (Regulation M)

FEDERAL RESERVE SYSTEM
BUREAU OF CONSUMER FINANCIAL PROTECTION

Federal Register Volume 82, Issue 216 (November 9, 2017)

Page Range51975-51977
FR Document2017-24411

The Board and the Bureau are finalizing amendments to 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 the Bureau will not adjust this exemption threshold from the prior year. However, in years following a year in which the exemption threshold was not adjusted, the threshold is calculated by applying the annual percentage change in the CPI-W to the dollar amount that would have resulted, after rounding, if the decreases and any subsequent increases in the CPI-W had been taken into account. Based on the annual percentage increase in the CPI-W as of June 1, 2017, the exemption threshold will increase from $54,600 to $55,800 effective January 1, 2018. 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 82 Issue 216 (Thursday, November 9, 2017)
[Federal Register Volume 82, Number 216 (Thursday, November 9, 2017)]
[Rules and Regulations]
[Pages 51975-51977]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24411]


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FEDERAL RESERVE SYSTEM

12 CFR Part 213

[Docket No. R-1579]
RIN 7100 AE-86

BUREAU OF CONSUMER FINANCIAL PROTECTION

12 CFR Part 1013

[Docket No. CFPB-2017-0026]


Consumer Leasing (Regulation M)

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

ACTION: Final rules, official interpretations and commentary.

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SUMMARY: The Board and the Bureau are finalizing amendments to 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 the 
Bureau will not adjust this exemption threshold from the prior year. 
However, in years following a year in which the exemption threshold was 
not adjusted, the threshold is calculated by applying the annual 
percentage change in the CPI-W to the dollar amount that would have 
resulted, after rounding, if the decreases and any subsequent increases 
in the CPI-W had been taken into account. Based on the annual 
percentage increase in the CPI-W as of June 1, 2017, the exemption 
threshold will increase from $54,600 to $55,800 effective January 1, 
2018. 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, 2018.

FOR FURTHER INFORMATION CONTACT: 
    Board: Vivian W. Wong, Senior Counsel, Division of Consumer and 
Community Affairs, Board of Governors of the Federal Reserve System, at 
(202) 452-3667; for users of

[[Page 51976]]

Telecommunications Device for the Deaf (TDD) only, contact (202) 263-
4869.
    Bureau: Jaclyn Maier, Counsel, Office of Regulations, Consumer 
Financial Protection Bureau, 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, and 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, on and after December 31, 2011, these 
thresholds 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 TILA) (collectively, the Board 
Final Threshold Rules).\3\
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    \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) (Board) and 12 CFR 
1026.3(b)(1)(i) (Bureau).
    \2\ Public Law 111-203, section 1100E, 124 Stat. 1376, 2111 
(2010).
    \3\ 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, 12 CFR 1013, substantially duplicating the 
Board's Regulation M.\4\ 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.\5\
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    \4\ See 76 FR 78500 (Dec. 19, 2011); 81 FR 25323 (April 28, 
2016).
    \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).
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    The Board's and the Bureau's regulations,\6\ 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. They further provide that 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.\7\ Since 2011, the Board and the Bureau have 
adjusted the Regulation M exemption threshold annually, in accordance 
with these rules.
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    \6\ 12 CFR 213.2(e)(1) (Board) and 12 CFR 1013.2(e)(1) (Bureau).
    \7\ See comments 2(e)-9 in Supplements I of 12 CFR parts 213 and 
1013.
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    On November 30, 2016, the Board and the Bureau published a final 
rule in the Federal Register to memorialize the calculation method used 
by the agencies each year to adjust the exemption threshold to ensure 
that the values for the exemption threshold keep pace with the CPI-W as 
contemplated by section 1100E(b) of the Dodd-Frank Act (Regulation M 
Adjustment Calculation Rule).\8\ The Regulation M Adjustment 
Calculation Rule memorialized the policy that 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. The Regulation M 
Adjustment Calculation Rule also provided that in years following a 
year in which the exemption threshold was not adjusted because there 
was a decrease in the CPI-W from the previous year, the threshold is 
calculated by applying the annual percentage change in the CPI-W to the 
dollar amount that would have resulted, after rounding, if the 
decreases and any subsequent increases in the CPI-W had been taken into 
account. If the resulting amount calculated, after rounding, is greater 
than the current threshold, then the threshold effective January 1 the 
following year will increase accordingly; if the resulting amount 
calculated, after rounding, is equal to or less than the current 
threshold, then the threshold effective January 1 the following year 
will not change, but future increases will be calculated based on the 
amount that would have resulted, after rounding.
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    \8\ See 81 FR 86256 (Nov. 30, 2016).
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II. 2018 Adjustment and Commentary Revision

    Effective January 1, 2018, the exemption threshold amount is 
increased from $54,600 to $55,800. This is based on the CPI-W in effect 
on June 1, 2017, which was reported on May 12, 2017. 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 prior 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. The CPI-W reported on May 12, 2017 reflects a 2.1 
percent increase in the CPI-W from April 2016 to April 2017. 
Accordingly, the 2.1 percent increase in the CPI-W from April 2016 to 
April 2017 results in an exemption threshold amount of $55,800. The 
Board and the Bureau are revising the commentaries to their respective 
regulations to add new comment 2(e)-11.ix to state that, from January 
1, 2018 through December 31, 2018, the threshold amount is $55,800. 
These revisions are effective January 1, 2018.

III. Regulatory Analysis

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.\9\ The amendments in this rule are technical 
and apply the method previously set forth in the Board Final Threshold 
Rules and the Regulation M Adjustment Calculation Rule. For these 
reasons, the Board and the Bureau have determined that publishing a 
notice of proposed rulemaking and providing

[[Page 51977]]

opportunity for public comment are unnecessary. Therefore, the 
amendments are adopted in final form.
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    \9\ 5 U.S.C. 553(b)(B).
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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.
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    \10\ 5 U.S.C. 603 and 604.
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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.
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    \11\ 44 U.S.C. 3506; 5 CFR 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, Truth in lending.

BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

Authority and Issuance

    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 11.ix is added to read as follows:

Supplement I to Part 213--Official Staff Interpretations

* * * * *

Section 213.2--Definitions

* * * * *

2(e) Consumer Lease

* * * * *
    11. * * *
    ix. From January 1, 2018 through December 31, 2018, the 
threshold amount is $55,800.
* * * * *

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 11.ix is added to read as 
follows:

Supplement I to Part 1013--Official Interpretations

* * * * *

Section 1013.2--Definitions

* * * * *

2(e) Consumer Lease

* * * * *
    11. * * *
    ix. From January 1, 2018 through December 31, 2018, the 
threshold amount is $55,800.
* * * * *

    By order of the Board of Governors of the Federal Reserve 
System, acting through the Secretary of the Board under delegated 
authority, November 2, 2017.
Ann E. Misback,
Secretary of the Board.
    Dated: September 7, 2017.
Richard Cordray,
Director, Bureau of Consumer Financial Protection.
[FR Doc. 2017-24411 Filed 11-8-17; 8:45 am]
 BILLING CODE 4810-AM-P 6210-01-P



                                                               Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations                                       51975

                                              Appendix C to Subpart G—OCC                             PART 1026—TRUTH IN LENDING                            FEDERAL RESERVE SYSTEM
                                              Interpretations                                         (REGULATION Z)
                                                                                                                                                            12 CFR Part 213
                                              *      *     *       *      *
                                                                                                      ■ 5. The authority citation for part 1026             [Docket No. R–1579]
                                              Section 34.203—Appraisals for Higher-Priced
                                                                                                      continues to read as follows:
                                              Mortgage Loans                                                                                                RIN 7100 AE–86
                                              *      *     *       *      *                             Authority: 12 U.S.C. 2601, 2603–2605,
                                                                                                      2607, 2609, 2617, 3353, 5511, 5512, 5532,             BUREAU OF CONSUMER FINANCIAL
                                              34.203(b) Exemptions.                                   5581; 15 U.S.C. 1601 et seq.                          PROTECTION
                                              *      *     *       *      *
                                              Paragraph 34.203(b)(2)                                  ■ 6. In supplement I to part 1026, under
                                                                                                                                                            12 CFR Part 1013
                                                                                                      Section 1026.35—Requirements for
                                              *      *     *       *      *
                                                                                                      Higher-Priced Mortgage Loans, under                   [Docket No. CFPB–2017–0026]
                                                3. * * *
                                                v. From January 1, 2018, through December             Paragraph 35(c)(2)(ii), paragraph 3.v is
                                                                                                      added to read as follows:                             Consumer Leasing (Regulation M)
                                              31, 2018, the threshold amount is $26,000.
                                              *      *     *       *      *                           Supplement I to Part 1026—Official                    AGENCY:  Board of Governors of the
                                                                                                      Interpretations                                       Federal Reserve System (Board); and
                                              BOARD OF GOVERNORS OF THE                                                                                     Bureau of Consumer Financial
                                              FEDERAL RESERVE SYSTEM                                  *      *      *      *       *                        Protection (Bureau).
                                              Authority and Issuance                                  Subpart E—Special Rules for Certain Home              ACTION: Final rules, official
                                                                                                      Mortgage Transactions                                 interpretations and commentary.
                                                For the reasons set forth in the
                                              preamble, the Board amends Regulation                   *      *      *      *       *
                                                                                                                                                            SUMMARY:    The Board and the Bureau are
                                              Z, 12 CFR part 226, as set forth below:                 Section 1026.35—Requirements for Higher-              finalizing amendments to the official
                                                                                                      Priced Mortgage Loans                                 interpretations and commentary for the
                                              PART 226—TRUTH IN LENDING                                                                                     agencies’ regulations that implement the
                                                                                                      *      *      *      *       *
                                              (REGULATION Z)                                                                                                Consumer Leasing Act (CLA). The
                                                                                                      35(c)—Appraisals
                                                                                                                                                            Dodd-Frank Wall Street Reform and
                                              ■ 3. The authority citation for part 226                *      *      *      *       *                        Consumer Protection Act (Dodd-Frank
                                              continues to read as follows:                           35(c)(2) Exemptions                                   Act) amended the CLA by requiring that
                                                Authority: 12 U.S.C. 3806; 15 U.S.C. 1604,            *      *      *      *       *                        the dollar threshold for exempt
                                              1637(c)(5), 1639(l), and 1639h; Pub. L. 111–                                                                  consumer leases be adjusted annually
                                                                                                      Paragraph 35(c)(2)(ii)                                by the annual percentage increase in the
                                              24, section 2, 123 Stat. 1734; Pub. L. 111–
                                              203, 124 Stat. 1376.                                    *      *      *      *       *                        Consumer Price Index for Urban Wage
                                                                                                        3. * * *                                            Earners and Clerical Workers (CPI–W).
                                              ■ 4. In supplement I to part 226, under                   v. From January 1, 2018, through December           If there is no annual percentage increase
                                              Section 226.43—Appraisals for Higher-                   31, 2018, the threshold amount is $26,000.            in the CPI–W, the Board and the Bureau
                                              Risk Mortgage Loans, under Paragraph                    *      *      *      *       *                        will not adjust this exemption threshold
                                              43(b)(2), paragraph 3.v is added to read                                                                      from the prior year. However, in years
                                              as follows:                                               Dated: September 26, 2017.
                                                                                                                                                            following a year in which the exemption
                                                                                                      Keith A. Noreika,                                     threshold was not adjusted, the
                                              Supplement I to Part 226—Official Staff
                                              Interpretations                                         Acting Comptroller of the Currency.                   threshold is calculated by applying the
                                                                                                        By order of the Board of Governors of the           annual percentage change in the CPI–W
                                              *      *     *       *      *                           Federal Reserve System, acting through the            to the dollar amount that would have
                                              Subpart E—Special Rules for Certain Home                Secretary of the Board under delegated                resulted, after rounding, if the decreases
                                              Mortgage Transactions                                   authority, November 2, 2017.                          and any subsequent increases in the
                                              *      *     *       *      *                           Ann E. Misback,                                       CPI–W had been taken into account.
                                                                                                      Secretary of the Board.                               Based on the annual percentage increase
                                              Section 226.43—Appraisals for Higher-Risk                                                                     in the CPI–W as of June 1, 2017, the
                                              Mortgage Loans                                            Dated: September 7, 2017.
                                                                                                                                                            exemption threshold will increase from
                                              *      *     *       *      *                           Richard Cordray,                                      $54,600 to $55,800 effective January 1,
                                              43(b) Exemptions.                                       Director, Bureau of Consumer Financial                2018. Because the Dodd-Frank Act also
                                                                                                      Protection.                                           requires similar adjustments in the
                                              *      *     *       *      *
                                                                                                      [FR Doc. 2017–24443 Filed 11–8–17; 8:45 am]           Truth in Lending Act’s threshold for
                                              Paragraph 43(b)(2)
                                                                                                      BILLING CODE 4810–33–P 6210–01–P 4810–AM–P            exempt consumer credit transactions,
                                              *      *     *       *      *                                                                                 the Board and the Bureau are making
                                                3. * * *                                                                                                    similar amendments to each of their
                                                v. From January 1, 2018, through December
                                                                                                                                                            respective regulations implementing the
                                              31, 2018, the threshold amount is $26,000.
                                                                                                                                                            Truth in Lending Act elsewhere in this
                                              *      *     *       *      *                                                                                 issue of the Federal Register.
                                              BUREAU OF CONSUMER FINANCIAL                                                                                  DATES: This final rule is effective
nshattuck on DSK9F9SC42PROD with RULES




                                              PROTECTION                                                                                                    January 1, 2018.
                                              Authority and Issuance                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               Board: Vivian W. Wong, Senior
                                                For the reasons set forth in the                                                                            Counsel, Division of Consumer and
                                              preamble, the Bureau amends                                                                                   Community Affairs, Board of Governors
                                              Regulation Z, 12 CFR part 1026, as set                                                                        of the Federal Reserve System, at (202)
                                              forth below:                                                                                                  452–3667; for users of


                                         VerDate Sep<11>2014   13:39 Nov 08, 2017   Jkt 244001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\09NOR1.SGM   09NOR1


                                              51976            Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations

                                              Telecommunications Device for the Deaf                    The Board’s and the Bureau’s                            is calculated by applying the annual
                                              (TDD) only, contact (202) 263–4869.                     regulations,6 and their accompanying                      percentage change in the CPI–W to the
                                                Bureau: Jaclyn Maier, Counsel, Office                 commentaries, provide that the                            dollar amount that would have resulted,
                                              of Regulations, Consumer Financial                      exemption threshold will be adjusted                      after rounding, if the decreases and any
                                              Protection Bureau, at (202) 435–7700.                   annually effective January 1 of each year                 subsequent increases in the CPI–W had
                                              SUPPLEMENTARY INFORMATION:                              based on any annual percentage                            been taken into account. If the resulting
                                                                                                      increase in the CPI–W that was in effect                  amount calculated, after rounding, is
                                              I. Background
                                                                                                      on the preceding June 1. They further                     greater than the current threshold, then
                                                 The Dodd-Frank Wall Street Reform                    provide that any increase in the                          the threshold effective January 1 the
                                              and Consumer Protection Act of 2010                     threshold amount will be rounded to the                   following year will increase
                                              (Dodd-Frank Act) increased the                          nearest $100 increment. For example, if                   accordingly; if the resulting amount
                                              threshold in the Consumer Leasing Act                   the annual percentage increase in the                     calculated, after rounding, is equal to or
                                              (CLA) for exempt consumer leases, and                   CPI–W would result in a $950 increase                     less than the current threshold, then the
                                              the threshold in the Truth in Lending                   in the threshold amount, the threshold                    threshold effective January 1 the
                                              Act (TILA) for exempt consumer credit                   amount will be increased by $1,000.                       following year will not change, but
                                              transactions,1 from $25,000 to $50,000,                 However, if the annual percentage                         future increases will be calculated based
                                              effective July 21, 2011.2 In addition, the              increase in the CPI–W would result in                     on the amount that would have resulted,
                                              Dodd-Frank Act requires that, on and                    a $949 increase in the threshold                          after rounding.
                                              after December 31, 2011, these                          amount, the threshold amount will be
                                              thresholds be adjusted annually for                                                                               II. 2018 Adjustment and Commentary
                                                                                                      increased by $900.7 Since 2011, the
                                              inflation by the annual percentage                                                                                Revision
                                                                                                      Board and the Bureau have adjusted the
                                              increase in the Consumer Price Index                    Regulation M exemption threshold                             Effective January 1, 2018, the
                                              for Urban Wage Earners and Clerical                     annually, in accordance with these                        exemption threshold amount is
                                              Workers (CPI–W), as published by the                    rules.                                                    increased from $54,600 to $55,800. This
                                              Bureau of Labor Statistics. In April                      On November 30, 2016, the Board and                     is based on the CPI–W in effect on June
                                              2011, the Board issued a final rule                     the Bureau published a final rule in the                  1, 2017, which was reported on May 12,
                                              amending Regulation M (which                            Federal Register to memorialize the                       2017. The Bureau of Labor Statistics
                                              implements the CLA) consistent with                     calculation method used by the agencies                   publishes consumer-based indices
                                              these provisions of the Dodd-Frank Act,                 each year to adjust the exemption                         monthly, but does not report a CPI
                                              along with a similar final rule amending                threshold to ensure that the values for                   change on June 1; adjustments are
                                              Regulation Z (which implements TILA)                    the exemption threshold keep pace with                    reported in the middle of the prior
                                              (collectively, the Board Final Threshold                the CPI–W as contemplated by section                      month. The CPI–W is a subset of the
                                              Rules).3                                                1100E(b) of the Dodd-Frank Act                            CPI–U index (based on all urban
                                                 Title X of the Dodd-Frank Act                        (Regulation M Adjustment Calculation                      consumers) and represents
                                              transferred rulemaking authority for a                  Rule).8 The Regulation M Adjustment                       approximately 28 percent of the U.S.
                                              number of consumer financial                            Calculation Rule memorialized the                         population. The CPI–W reported on
                                              protection laws from the Board to the                   policy that if there is no annual                         May 12, 2017 reflects a 2.1 percent
                                              Bureau, effective July 21, 2011. In                     percentage increase in the CPI–W, the                     increase in the CPI–W from April 2016
                                              connection with this transfer of                        Board and Bureau will not adjust the                      to April 2017. Accordingly, the 2.1
                                              rulemaking authority, the Bureau issued                 exemption threshold from the prior                        percent increase in the CPI–W from
                                              its own Regulation M implementing the                   year. The Regulation M Adjustment                         April 2016 to April 2017 results in an
                                              CLA, 12 CFR 1013, substantially                         Calculation Rule also provided that in                    exemption threshold amount of $55,800.
                                              duplicating the Board’s Regulation M.4                  years following a year in which the                       The Board and the Bureau are revising
                                              Although the Bureau has the authority                   exemption threshold was not adjusted                      the commentaries to their respective
                                              to issue rules to implement the CLA for                 because there was a decrease in the CPI–                  regulations to add new comment 2(e)–
                                              most entities, the Board retains                        W from the previous year, the threshold                   11.ix to state that, from January 1, 2018
                                              authority to issue rules under the CLA                                                                            through December 31, 2018, the
                                              for certain motor vehicle dealers                       leasing and servicing of motor vehicles, or both.’’       threshold amount is $55,800. These
                                              covered by section 1029(a) of the Dodd-                 12 U.S.C. 5519(a). Section 1029(b) of the Dodd-           revisions are effective January 1, 2018.
                                              Frank Act, and the Board’s Regulation                   Frank Act states: ‘‘Subsection (a) shall not apply to
                                              M continues to apply to those entities.5                any person, to the extent that such person (1)            III. Regulatory Analysis
                                                                                                      provides consumers with any services related to
                                                                                                      residential or commercial mortgages or self-              Administrative Procedure Act
                                                1 Although   consumer credit transactions above       financing transactions involving real property; (2)
                                              the threshold are generally exempt, loans secured       operates a line of business (A) that involves the           Under the Administrative Procedure
                                              by real property or by personal property used or        extension of retail credit or retail leases involving     Act, notice and opportunity for public
                                              expected to be used as the principal dwelling of a      motor vehicles; and (B) in which (i) the extension        comment are not required if the Board
                                              consumer and private education loans are covered        of retail credit or retail leases are provided directly
                                              by TILA regardless of the loan amount. See 12 CFR       to consumers; and (ii) the contract governing such
                                                                                                                                                                and the Bureau find that notice and
                                              226.3(b)(1)(i) (Board) and 12 CFR 1026.3(b)(1)(i)       extension of retail credit or retail leases is not        public comment are impracticable,
                                              (Bureau).                                               routinely assigned to an unaffiliated third party         unnecessary, or contrary to the public
                                                 2 Public Law 111–203, section 1100E, 124 Stat.       finance or leasing source; or (3) offers or provides      interest.9 The amendments in this rule
                                              1376, 2111 (2010).                                      a consumer financial product or service not
                                                 3 76 FR 18349 (Apr. 4, 2011); 76 FR 18354 (Apr.      involving or related to the sale, financing, leasing,
                                                                                                                                                                are technical and apply the method
                                              4, 2011).                                               rental, repair, refurbishment, maintenance, or other      previously set forth in the Board Final
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                                                 4 See 76 FR 78500 (Dec. 19, 2011); 81 FR 25323       servicing of motor vehicles, motor vehicle parts, or      Threshold Rules and the Regulation M
                                              (April 28, 2016).                                       any related or ancillary product or service.’’ 12         Adjustment Calculation Rule. For these
                                                                                                      U.S.C. 5519(b).
                                                 5 Section 1029(a) of the Dodd-Frank Act states:
                                                                                                         6 12 CFR 213.2(e)(1) (Board) and 12 CFR
                                                                                                                                                                reasons, the Board and the Bureau have
                                              ‘‘Except as permitted in subsection (b), the Bureau                                                               determined that publishing a notice of
                                              may not exercise any rulemaking, supervisory,           1013.2(e)(1) (Bureau).
                                              enforcement, or any other authority * * * over a           7 See comments 2(e)–9 in Supplements I of 12           proposed rulemaking and providing
                                              motor vehicle dealer that is predominantly engaged      CFR parts 213 and 1013.
                                              in the sale and servicing of motor vehicles, the           8 See 81 FR 86256 (Nov. 30, 2016).                      95   U.S.C. 553(b)(B).



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                                                                    Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations                                               51977

                                              opportunity for public comment are                             ix. From January 1, 2018 through December           ACTION: Final rules, official
                                              unnecessary. Therefore, the                                  31, 2018, the threshold amount is $55,800.            interpretations and commentary.
                                              amendments are adopted in final form.                        *      *      *      *       *
                                                                                                                                                                 SUMMARY:    The Board and the Bureau are
                                              Regulatory Flexibility Act                                   BUREAU OF CONSUMER FINANCIAL                          publishing final rules amending the
                                                                                                           PROTECTION                                            official interpretations and commentary
                                                 The Regulatory Flexibility Act (RFA)
                                              does not apply to a rulemaking where a                       Authority and Issuance                                for the agencies’ regulations that
                                              general notice of proposed rulemaking                                                                              implement the Truth in Lending Act
                                                                                                             For the reasons set forth in the
                                              is not required.10 As noted previously,                                                                            (TILA). The Dodd-Frank Wall Street
                                                                                                           preamble, the Bureau amends
                                              the agencies have determined that it is                                                                            Reform and Consumer Protection Act
                                                                                                           Regulation M, 12 CFR part 1013, as set
                                              unnecessary to publish a general notice                                                                            (Dodd-Frank Act) amended TILA by
                                                                                                           forth below:
                                              of proposed rulemaking for this joint                                                                              requiring that the dollar threshold for
                                              final rule. Accordingly, the RFA’s                           PART 1013—CONSUMER LEASING                            exempt consumer credit transactions be
                                              requirements relating to an initial and                      (REGULATION M)                                        adjusted annually by the annual
                                              final regulatory flexibility analysis do                                                                           percentage increase in the Consumer
                                              not apply.                                                   ■ 3. The authority citation for part 1013             Price Index for Urban Wage Earners and
                                                                                                           continues to read as follows:                         Clerical Workers (CPI–W). If there is no
                                              Paperwork Reduction Act                                                                                            annual percentage increase in the CPI–
                                                                                                             Authority: 15 U.S.C. 1604 and 1667f; Pub.
                                                In accordance with the Paperwork                           L. 111–203 section 1100E, 124 Stat. 1376.             W, the Board and the Bureau will not
                                              Reduction Act of 1995,11 the agencies                        ■  4. In Supplement I to part 1013, under             adjust this exemption threshold from
                                              reviewed this final rule. No collections                     Section 1013.2—Definitions, under                     the prior year. However, in years
                                              of information pursuant to the                               2(e)—Consumer Lease, paragraph 11.ix                  following a year in which the exemption
                                              Paperwork Reduction Act are contained                        is added to read as follows:                          threshold was not adjusted, the
                                              in the final rule.                                                                                                 threshold is calculated by applying the
                                                                                                           Supplement I to Part 1013—Official                    annual percentage change in the CPI–W
                                              List of Subjects                                             Interpretations                                       to the dollar amount that would have
                                              12 CFR Part 213                                              *      *      *      *       *                        resulted, after rounding, if the decreases
                                                                                                                                                                 and any subsequent increases in the
                                                Advertising, Consumer leasing,                             Section 1013.2—Definitions                            CPI–W had been taken into account.
                                              Consumer protection, Federal Reserve                         *      *      *      *       *                        Based on the annual percentage increase
                                              System, Reporting and recordkeeping
                                                                                                           2(e) Consumer Lease                                   in the CPI–W as of June 1, 2017, the
                                              requirements.
                                                                                                           *      *      *      *       *                        exemption threshold will increase from
                                              12 CFR Part 1013                                               11. * * *                                           $54,600 to $55,800 effective January 1,
                                                Advertising, Consumer leasing,                               ix. From January 1, 2018 through December           2018. Because the Dodd-Frank Act also
                                                                                                           31, 2018, the threshold amount is $55,800.            requires similar adjustments in the
                                              Reporting and recordkeeping
                                              requirements, Truth in lending.                              *      *      *      *       *                        Consumer Leasing Act’s threshold for
                                                                                                             By order of the Board of Governors of the           exempt consumer leases, the Board and
                                              BOARD OF GOVERNORS OF THE                                    Federal Reserve System, acting through the            the Bureau are making similar
                                              FEDERAL RESERVE SYSTEM                                       Secretary of the Board under delegated                amendments to each of their respective
                                              Authority and Issuance                                       authority, November 2, 2017.                          regulations implementing the Consumer
                                                                                                           Ann E. Misback,                                       Leasing Act elsewhere in this issue of
                                                For the reasons set forth in the                           Secretary of the Board.                               the Federal Register.
                                              preamble, the Board amends Regulation                                                                              DATES: This final rule is effective
                                                                                                             Dated: September 7, 2017.
                                              M, 12 CFR part 213, as set forth below:                                                                            January 1, 2018.
                                                                                                           Richard Cordray,
                                              PART 213—CONSUMER LEASING                                    Director, Bureau of Consumer Financial                FOR FURTHER INFORMATION CONTACT:
                                              (REGULATION M)                                               Protection.                                             Board: Vivian W. Wong, Senior
                                                                                                           [FR Doc. 2017–24411 Filed 11–8–17; 8:45 am]           Counsel, Division of Consumer and
                                              ■ 1. The authority citation for part 213                     BILLING CODE 4810–AM–P 6210–01–P                      Community Affairs, Board of Governors
                                              continues to read as follows:                                                                                      of the Federal Reserve System, at (202)
                                                Authority: 15 U.S.C. 1604 and 1667f; Pub.                                                                        452–3667; for users of
                                              L. 111–203 section 1100E, 124 Stat. 1376.                    FEDERAL RESERVE SYSTEM                                Telecommunications Device for the Deaf
                                                                                                                                                                 (TDD) only, contact (202) 263–4869.
                                              ■ 2. In Supplement I to part 213, under                      12 CFR Part 226                                         Bureau: Jaclyn Maier, Counsel, Office
                                              Section 213.2—Definitions, under 2(e)                                                                              of Regulations, Consumer Financial
                                              Consumer Lease, paragraph 11.ix is                           [Docket No. R–1581]
                                                                                                                                                                 Protection Bureau, at (202) 435–7700.
                                              added to read as follows:                                    RIN 7100 AE–88                                        SUPPLEMENTARY INFORMATION:
                                              Supplement I to Part 213—Official Staff                      BUREAU OF CONSUMER FINANCIAL                          I. Background
                                              Interpretations                                              PROTECTION                                               The Dodd-Frank Wall Street Reform
                                              *           *     *       *      *                                                                                 and Consumer Protection Act of 2010
                                                                                                           12 CFR Part 1026
                                              Section 213.2—Definitions                                                                                          (Dodd-Frank Act) increased the
                                                                                                                                                                 threshold in the Truth in Lending Act
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                                              *           *     *       *      *                           [Docket No. CFPB–2017–0027]
                                              2(e) Consumer Lease
                                                                                                                                                                 (TILA) for exempt consumer credit
                                                                                                           Truth in Lending (Regulation Z)                       transactions,1 and the threshold in the
                                              *           *     *       *      *
                                                  11. * * *                                                AGENCY:  Board of Governors of the                      1 Although consumer credit transactions above
                                                                                                           Federal Reserve System (Board); and                   the threshold are generally exempt, loans secured
                                                  10 5   U.S.C. 603 and 604.                               Bureau of Consumer Financial                          by real property or by personal property used or
                                                  11 44   U.S.C. 3506; 5 CFR 1320.                         Protection (Bureau).                                                                            Continued




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Document Created: 2018-10-25 10:29:50
Document Modified: 2018-10-25 10:29:50
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, 2018.
ContactBoard: Vivian W. Wong, Senior 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 Citation82 FR 51975 
RIN Number7100 AE86
CFR Citation12 CFR 1013
12 CFR 213
CFR AssociatedTruth in Lending; Advertising; Consumer Leasing; Consumer Protection; Federal Reserve System and Reporting and Recordkeeping Requirements

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