82_FR_52193 82 FR 51977 - Truth in Lending (Regulation Z)

82 FR 51977 - Truth in Lending (Regulation Z)

FEDERAL RESERVE SYSTEM
BUREAU OF CONSUMER FINANCIAL PROTECTION

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

Page Range51977-51979
FR Document2017-24445

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 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 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 82 Issue 216 (Thursday, November 9, 2017)
[Federal Register Volume 82, Number 216 (Thursday, November 9, 2017)]
[Rules and Regulations]
[Pages 51977-51979]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24445]


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FEDERAL RESERVE SYSTEM

12 CFR Part 226

[Docket No. R-1581]
RIN 7100 AE-88

BUREAU OF CONSUMER FINANCIAL PROTECTION

12 CFR Part 1026

[Docket No. CFPB-2017-0027]


Truth in Lending (Regulation Z)

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 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 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 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, 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 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 Truth in Lending 
Act (TILA) for exempt consumer credit transactions,\1\ and the 
threshold in the

[[Page 51978]]

Consumer Leasing Act (CLA) for exempt consumer leases, 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 Z (which implements 
TILA) consistent with these provisions of the Dodd-Frank Act, along 
with a similar final rule amending Regulation M (which implements the 
CLA) (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 18354 (Apr. 4, 2011); 76 FR 18349 (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 Z 
implementing TILA, 12 CFR part 1026, substantially duplicating the 
Board's Regulation Z.\4\ 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\ See 76 FR 79768 (Dec. 22, 2011); 81 FR 25323 (Apr. 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 Z exemption threshold annually, in accordance 
with these rules.
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    \6\ 12 CFR 226.3(b)(1)(ii) (Board) and 12 CFR 1026.3(b)(1)(ii) 
(Bureau).
    \7\ See comments 3(b)-1 in supplements I of 12 CFR parts 226 and 
1026.
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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 Z 
Adjustment Calculation Rule).\8\ The Regulation Z 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 Z 
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 86260 (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 3(b)-3.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 Z Adjustment Calculation Rule. For these 
reasons, the Board and the Bureau have determined that publishing a 
notice of proposed rulemaking and providing opportunity for public 
comment are unnecessary. Therefore, the amendments are adopted in final 
form.
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    \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

[[Page 51979]]

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 part 1320.
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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, Appraisal, Appraiser, Banking, Banks, 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

Authority and Issuance

    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), 1639(l) 
and 1639h; Pub. L. 111-24, section 2, 123 Stat. 1734; Pub. L. 111-
203, 124 Stat. 1376.

Subpart A--General

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

Supplement I to Part 226--Official Staff Interpretations

* * * * *

Subpart A--General

* * * * *

Section 226.3--Exempt Transactions

* * * * *

3(b) Credit Over Applicable Threshold Amount

* * * * *
    3. * * *
    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 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 3.ix 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

* * * * *
    3. * * *
    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. 2017-24445 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                                               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
nshattuck on DSK9F9SC42PROD with RULES




                                              *           *     *       *      *                           [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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                                              51978            Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations

                                              Consumer Leasing Act (CLA) for exempt                        The Board’s and the Bureau’s                      on the amount that would have resulted,
                                              consumer leases, from $25,000 to                          regulations,6 and their accompanying                 after rounding.
                                              $50,000, effective July 21, 2011.2 In                     commentaries, provide that the
                                                                                                                                                             II. 2018 Adjustment and Commentary
                                              addition, the Dodd-Frank Act requires                     exemption threshold will be adjusted
                                                                                                                                                             Revision
                                              that, on and after December 31, 2011,                     annually effective January 1 of each year
                                              these thresholds be adjusted annually                     based on any annual percentage                          Effective January 1, 2018, the
                                              for inflation by the annual percentage                    increase in the CPI–W that was in effect             exemption threshold amount is
                                              increase in the Consumer Price Index                      on the preceding June 1. They further                increased from $54,600 to $55,800. This
                                              for Urban Wage Earners and Clerical                       provide that any increase in the                     is based on the CPI–W in effect on June
                                              Workers (CPI–W), as published by the                      threshold amount will be rounded to the              1, 2017, which was reported on May 12,
                                              Bureau of Labor Statistics. In April                      nearest $100 increment. For example, if              2017. The Bureau of Labor Statistics
                                              2011, the Board issued a final rule                       the annual percentage increase in the                publishes consumer-based indices
                                              amending Regulation Z (which                              CPI–W would result in a $950 increase                monthly, but does not report a CPI
                                              implements TILA) consistent with these                    in the threshold amount, the threshold               change on June 1; adjustments are
                                              provisions of the Dodd-Frank Act, along                   amount will be increased by $1,000.                  reported in the middle of the prior
                                              with a similar final rule amending                        However, if the annual percentage                    month. The CPI–W is a subset of the
                                              Regulation M (which implements the                        increase in the CPI–W would result in                CPI–U index (based on all urban
                                              CLA) (collectively, the Board Final                       a $949 increase in the threshold                     consumers) and represents
                                              Threshold Rules).3                                        amount, the threshold amount will be                 approximately 28 percent of the U.S.
                                                 Title X of the Dodd-Frank Act                          increased by $900.7 Since 2011, the                  population. The CPI–W reported on
                                              transferred rulemaking authority for a
                                                                                                        Board and the Bureau have adjusted the               May 12, 2017 reflects a 2.1 percent
                                              number of consumer financial
                                                                                                        Regulation Z exemption threshold                     increase in the CPI–W from April 2016
                                              protection laws from the Board to the
                                                                                                        annually, in accordance with these                   to April 2017. Accordingly, the 2.1
                                              Bureau, effective July 21, 2011. In
                                                                                                        rules.                                               percent increase in the CPI–W from
                                              connection with this transfer of
                                                                                                           On November 30, 2016, the Board and               April 2016 to April 2017 results in an
                                              rulemaking authority, the Bureau issued
                                              its own Regulation Z implementing                         the Bureau published a final rule in the             exemption threshold amount of $55,800.
                                              TILA, 12 CFR part 1026, substantially                     Federal Register to memorialize the                  The Board and the Bureau are revising
                                              duplicating the Board’s Regulation Z.4                    calculation method used by the agencies              the commentaries to their respective
                                              Although the Bureau has the authority                     each year to adjust the exemption                    regulations to add new comment 3(b)–
                                              to issue rules to implement TILA for                      threshold to ensure that the values for              3.ix to state that, from January 1, 2018
                                              most entities, the Board retains                          the exemption threshold keep pace with               through December 31, 2018, the
                                              authority to issue rules under TILA for                   the CPI–W as contemplated by section                 threshold amount is $55,800. These
                                              certain motor vehicle dealers covered by                  1100E(b) of the Dodd-Frank Act                       revisions are effective January 1, 2018.
                                              section 1029(a) of the Dodd-Frank Act,                    (Regulation Z Adjustment Calculation                 III. Regulatory Analysis
                                              and the Board’s Regulation Z continues                    Rule).8 The Regulation Z Adjustment
                                              to apply to those entities.5                              Calculation Rule memorialized the                    Administrative Procedure Act
                                                                                                        policy that if there is no annual                      Under the Administrative Procedure
                                              expected to be used as the principal dwelling of a        percentage increase in the CPI–W, the
                                              consumer and private education loans are covered                                                               Act, notice and opportunity for public
                                              by TILA regardless of the loan amount. See 12 CFR
                                                                                                        Board and Bureau will not adjust the                 comment are not required if the Board
                                              226.3(b)(1)(i) (Board) and 12 CFR 1026.3(b)(1)(i)         exemption threshold from the prior                   and the Bureau find that notice and
                                              (Bureau).                                                 year. The Regulation Z Adjustment                    public comment are impracticable,
                                                 2 Public Law 111–203, section 1100E, 124 Stat.
                                                                                                        Calculation Rule also provided that in               unnecessary, or contrary to the public
                                              1376, 2111 (2010).                                        years following a year in which the
                                                 3 76 FR 18354 (Apr. 4, 2011); 76 FR 18349 (Apr.                                                             interest.9 The amendments in this rule
                                              4, 2011).                                                 exemption threshold was not adjusted                 are technical and apply the method
                                                 4 See 76 FR 79768 (Dec. 22, 2011); 81 FR 25323         because there was a decrease in the CPI–             previously set forth in the Board Final
                                              (Apr. 28, 2016).                                          W from the previous year, the threshold              Threshold Rules and the Regulation Z
                                                 5 Section 1029(a) of the Dodd-Frank Act states:
                                                                                                        is calculated by applying the annual                 Adjustment Calculation Rule. For these
                                              ‘‘Except as permitted in subsection (b), the Bureau       percentage change in the CPI–W to the
                                              may not exercise any rulemaking, supervisory,                                                                  reasons, the Board and the Bureau have
                                              enforcement, or any other authority * * * over a          dollar amount that would have resulted,              determined that publishing a notice of
                                              motor vehicle dealer that is predominantly engaged        after rounding, if the decreases and any             proposed rulemaking and providing
                                              in the sale and servicing of motor vehicles, the          subsequent increases in the CPI–W had                opportunity for public comment are
                                              leasing and servicing of motor vehicles, or both.’’
                                              12 U.S.C. 5519(a). Section 1029(b) of the Dodd-
                                                                                                        been taken into account. If the resulting            unnecessary. Therefore, the
                                              Frank Act states: ‘‘Subsection (a) shall not apply to     amount calculated, after rounding, is                amendments are adopted in final form.
                                              any person, to the extent that such person (1)            greater than the current threshold, then
                                              provides consumers with any services related to           the threshold effective January 1 the                Regulatory Flexibility Act
                                              residential or commercial mortgages or self-
                                                                                                        following year will increase
                                              financing transactions involving real property; (2)                                                               The Regulatory Flexibility Act (RFA)
                                              operates a line of business (A) that involves the         accordingly; if the resulting amount
                                                                                                                                                             does not apply to a rulemaking where a
                                              extension of retail credit or retail leases involving     calculated, after rounding, is equal to or
                                              motor vehicles; and (B) in which (i) the extension                                                             general notice of proposed rulemaking
                                                                                                        less than the current threshold, then the
                                              of retail credit or retail leases are provided directly                                                        is not required.10 As noted previously,
                                              to consumers; and (ii) the contract governing such        threshold effective January 1 the
                                                                                                                                                             the agencies have determined that it is
                                              extension of retail credit or retail leases is not        following year will not change, but
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                                                                                                                                                             unnecessary to publish a general notice
                                              routinely assigned to an unaffiliated third party         future increases will be calculated based
                                              finance or leasing source; or (3) offers or provides                                                           of proposed rulemaking for this joint
                                              a consumer financial product or service not
                                                                                                          6 12 CFR 226.3(b)(1)(ii) (Board) and 12 CFR
                                                                                                                                                             final rule. Accordingly, the RFA’s
                                              involving or related to the sale, financing, leasing,                                                          requirements relating to an initial and
                                              rental, repair, refurbishment, maintenance, or other      1026.3(b)(1)(ii) (Bureau).
                                                                                                          7 See comments 3(b)–1 in supplements I of 12
                                              servicing of motor vehicles, motor vehicle parts, or
                                              any related or ancillary product or service.’’ 12         CFR parts 226 and 1026.                                95   U.S.C. 553(b)(B).
                                              U.S.C. 5519(b).                                             8 See 81 FR 86260 (Nov. 30, 2016).                   10 5  U.S.C. 603 and 604.



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                                                                    Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations                                       51979

                                              final regulatory flexibility analysis do                     BUREAU OF CONSUMER FINANCIAL                                Final rule; request for
                                                                                                                                                                 ACTION:
                                              not apply.                                                   PROTECTION                                            comments.
                                              Paperwork Reduction Act                                      Authority and Issuance                                SUMMARY:    We are superseding
                                                In accordance with the Paperwork                             For the reasons set forth in the                    Emergency Airworthiness Directive
                                              Reduction Act of 1995,11 the agencies                        preamble, the Bureau amends                           (AD) 2017–21–51 for all Engine Alliance
                                              reviewed this final rule. No collections                     Regulation Z, 12 CFR part 1026, as set                (EA) GP7200 series turbofan engines.
                                              of information pursuant to the                               forth below:                                          AD 2017–21–51 was sent previously to
                                              Paperwork Reduction Act are contained                                                                              all known U.S. owners and operators of
                                              in the final rule.                                           PART 1026—TRUTH IN LENDING                            GP7200 series turbofan engines. AD
                                                                                                           (REGULATION Z)                                        2017–21–51 required visual inspections
                                              List of Subjects                                                                                                   of all fan hubs for damage. This AD
                                                                                                           ■ 3. The authority citation for part 1026             retains the same required actions as AD
                                              12 CFR Part 226
                                                                                                           continues to read as follows:                         2017–21–51 and clarifies the
                                                Advertising, Consumer protection,                            Authority: 12 U.S.C. 2601, 2603–2605,               compliance requirements. This AD was
                                              Federal Reserve System, Reporting and                        2607, 2609, 2617, 3353, 5511, 5512, 5532,             prompted by the failure of a GP7200 fan
                                              recordkeeping requirements, Truth in                         5581; 15 U.S.C. 1601 et seq.                          hub. We are issuing this AD to address
                                              lending.                                                                                                           the unsafe condition on these products.
                                                                                                           ■ 4. In supplement I to part 1026, under
                                              12 CFR Part 1026                                             Section 1026.3—Exempt Transactions,                   DATES: This AD is effective November
                                                                                                           under 3(b) Credit Over Applicable                     24, 2017.
                                                Advertising, Appraisal, Appraiser,                                                                                 The Director of the Federal Register
                                              Banking, Banks, Consumer protection,                         Threshold Amount, paragraph 3.ix is
                                                                                                           added to read as follows:                             approved the incorporation by reference
                                              Credit, Credit unions, Mortgages,                                                                                  of a certain publication listed in this AD
                                              National banks, Reporting and                                Supplement I to Part 1026—Official                    as of November 24, 2017.
                                              recordkeeping requirements, Savings                          Interpretations                                         We must receive any comments on
                                              associations, Truth in lending.                                                                                    this AD by December 26, 2017.
                                                                                                           *      *      *      *       *
                                              BOARD OF GOVERNORS OF THE                                                                                          ADDRESSES: You may send comments,
                                                                                                           Subpart A—General
                                              FEDERAL RESERVE SYSTEM                                                                                             using the procedures found in 14 CFR
                                                                                                           *      *      *      *       *                        11.43 and 11.45, by any of the following
                                              Authority and Issuance
                                                                                                           Section 1026.3—Exempt Transactions                    methods:
                                                For the reasons set forth in the                           *      *      *      *       *                           • Federal eRulemaking Portal: Go to
                                              preamble, the Board amends Regulation                                                                              http://www.regulations.gov. Follow the
                                              Z, 12 CFR part 226, as set forth below:                      3(b) Credit Over Applicable Threshold
                                                                                                                                                                 instructions for submitting comments.
                                                                                                           Amount
                                                                                                                                                                    • Fax: 202–493–2251.
                                              PART 226—TRUTH IN LENDING                                    *      *      *      *       *                           • Mail: U.S. Department of
                                              (REGULATION Z)                                                 3. * * *                                            Transportation, Docket Operations, M–
                                                                                                             ix. From January 1, 2018 through December
                                                                                                                                                                 30, West Building Ground Floor, Room
                                              ■ 1. The authority citation for part 226                     31, 2018, the threshold amount is $55,800.
                                                                                                                                                                 W12–140, 1200 New Jersey Avenue SE.,
                                              continues to read as follows:                                *      *      *      *       *                        Washington, DC 20590.
                                                Authority: 12 U.S.C. 3806; 15 U.S.C. 1604,                   By order of the Board of Governors of the              • Hand Delivery: U.S. Department of
                                              1637(c)(5), 1639(l) and 1639h; Pub. L. 111–                  Federal Reserve System, acting through the            Transportation, Docket Operations, M–
                                              24, section 2, 123 Stat. 1734; Pub. L. 111–                  Secretary of the Board under delegated                30, West Building Ground Floor, Room
                                              203, 124 Stat. 1376.                                         authority, November 2, 2017.                          W12–140, 1200 New Jersey Avenue SE.,
                                                                                                           Ann E. Misback,                                       Washington, DC 20590, between 9 a.m.
                                              Subpart A—General                                            Secretary of the Board.                               and 5 p.m., Monday through Friday,
                                              ■ 2. In supplement I to part 226, under                        Dated: September 7, 2017.                           except Federal holidays.
                                              Section 226.3—Exempt Transactions,                           Richard Cordray,                                         For service information identified in
                                              under 3(b) Credit over applicable                            Director, Bureau of Consumer Financial                this final rule, contact Engine Alliance,
                                              threshold amount, paragraph 3.ix is                          Protection.                                           400 Main St., East Hartford, CT 06108,
                                              added to read as follows:                                    [FR Doc. 2017–24445 Filed 11–8–17; 8:45 am]           M/S 169–10; phone: 800–565–0140;
                                                                                                           BILLING CODE 4810–AM–P 6210–01–P
                                                                                                                                                                 email: help24@pw.utc.com; Web site:
                                              Supplement I to Part 226—Official Staff                                                                            www.engineallianceportal.com. You
                                              Interpretations                                                                                                    may view this service information at the
                                              *           *     *       *      *                                                                                 FAA, Engine and Propeller Standards
                                                                                                           DEPARTMENT OF TRANSPORTATION                          Branch, 1200 District Avenue,
                                              Subpart A—General                                                                                                  Burlington, MA. For information on the
                                                                                                           Federal Aviation Administration
                                              *           *     *       *      *                                                                                 availability of this material at the FAA,
                                              Section 226.3—Exempt Transactions                                                                                  call 781–238–7125. It is also available
                                                                                                           14 CFR Part 39
                                                                                                                                                                 on the Internet at http://
                                              *           *     *       *      *
                                                                                                           [Docket No. FAA–2017–0988; Product                    www.regulations.gov by searching for
                                              3(b) Credit Over Applicable Threshold                        Identifier 2017–NE–37–AD; Amendment 39–               and locating Docket No. FAA–2017–
                                              Amount                                                       19097; AD 2017–23–03]                                 0988.
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                                              *           *     *       *      *
                                                3. * * *                                                   RIN 2120–AA64                                         Examining the AD Docket
                                                ix. From January 1, 2018 through December                                                                          You may examine the AD docket on
                                              31, 2018, the threshold amount is $55,800.                   Airworthiness Directives; Engine
                                                                                                           Alliance Turbofan Engines                             the Internet at http://
                                              *           *     *       *      *                                                                                 www.regulations.gov by searching for
                                                                                                           AGENCY:Federal Aviation                               and locating Docket No. FAA–2017–
                                                  11 44   U.S.C. 3506; 5 CFR part 1320.                    Administration (FAA), DOT.                            0988; or in person at the Docket


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Document Created: 2018-10-25 10:28:50
Document Modified: 2018-10-25 10:28:50
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 51977 
RIN Number7100 AE88
CFR Citation12 CFR 1026
12 CFR 226
CFR AssociatedAppraisal; Appraiser; Banking; Banks; Credit; 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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