83_FR_59500 83 FR 59274 - Consumer Leasing (Regulation M)

83 FR 59274 - Consumer Leasing (Regulation M)

FEDERAL RESERVE SYSTEM
BUREAU OF CONSUMER FINANCIAL PROTECTION

Federal Register Volume 83, Issue 226 (November 23, 2018)

Page Range59274-59276
FR Document2018-25396

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, 2018, the exemption threshold will increase from $55,800 to $57,200 effective January 1, 2019. 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 83 Issue 226 (Friday, November 23, 2018)
[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Rules and Regulations]
[Pages 59274-59276]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25396]


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FEDERAL RESERVE SYSTEM

12 CFR Part 213

[Docket No. R-1632]
RIN 7100-AF24

BUREAU OF CONSUMER FINANCIAL PROTECTION

12 CFR Part 1013

RIN 3170-AA89


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, 2018, the exemption 
threshold will increase from $55,800 to $57,200 effective January 1, 
2019.

[[Page 59275]]

    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, 2019.

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: Shelley Thompson, Counsel, Office of Regulations, Bureau of 
Consumer Financial Protection, at (202) 435-7700.

SUPPLEMENTARY INFORMATION:

I. Background

    The Dodd-Frank Wall Street Reform and Consumer Protection Act of 
2010 (Dodd-Frank Act) increased the threshold in the Consumer Leasing 
Act (CLA) for exempt consumer leases, 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 part 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).
---------------------------------------------------------------------------

    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, as contemplated by section 1100E(b) of the Dodd-Frank Act, the 
values for the exemption threshold keep pace with the CPI-W (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. 2019 Adjustment and Commentary Revision

    Effective January 1, 2019, the exemption threshold amount is 
increased from $55,800 to $57,200. This is based on the CPI-W in effect 
on June 1, 2018, which was reported on May 10, 2018. 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 29 percent of the 
U.S. population. The CPI-W reported on May 10, 2018 reflects a 2.6 
percent increase in the CPI-W from April 2017 to April 2018. 
Accordingly, the 2.6 percent increase in the CPI-W from April 2017 to 
April 2018 results in an exemption threshold amount of $57,200. The 
Board and the Bureau are revising the commentaries to their respective 
regulations to add new comment 2(e)-11.x to state that, from January 1, 
2019 through December 31, 2019, the threshold amount is $57,200. These 
revisions are effective January 1, 2019.

[[Page 59276]]

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 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 part 1320.
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Bureau Congressional Review Act Statement

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Bureau will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to the rule taking 
effect. The Office of Information and Regulatory Affairs (OIRA) has 
designated this rule as not a ``major rule'' as defined by 5 U.S.C. 
804(2).

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.x is added to read as follows:

Supplement I to Part 213--Official Staff Interpretations

* * * * *

Section 213.2--Definitions

* * * * *

2(e) Consumer Lease

* * * * *
    11. * * *
    x. From January 1, 2019 through December 31, 2019, the threshold 
amount is $57,200.
* * * * *

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.x is added to read as follows:

Supplement I to Part 1013--Official Interpretations

* * * * *

Section 1013.2--Definitions

* * * * *

2(e) Consumer Lease

* * * * *
    11. * * *
    x. From January 1, 2019 through December 31, 2019, the threshold 
amount is $57,200.
* * * * *

    By order of the Board of Governors of the Federal Reserve 
System, under delegated authority, November 7, 2018.
Ann E. Misback,
Secretary of the Board.
    Dated: November 9, 2018.
Mick Mulvaney,
Acting Director, Bureau of Consumer Financial Protection.
[FR Doc. 2018-25396 Filed 11-21-18; 8:45 am]
BILLING CODE 4810-AM-P; 6210-01-P



                                           59274            Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations

                                           List of Subjects                                        PART 226—TRUTH IN LENDING                               Dated: November 6, 2018.
                                                                                                   (REGULATION Z)                                        Joseph M. Otting,
                                           12 CFR Part 34
                                                                                                                                                         Comptroller of the Currency.
                                             Appraisal, Appraiser, Banks, Banking,                 ■ 3. The authority citation for part 226                By order of the Board of Governors of the
                                           Consumer protection, Credit, Mortgages,                 continues to read as follows:                         Federal Reserve System under delegated
                                           National banks, Reporting and                                                                                 authority, November 13, 2018.
                                           recordkeeping requirements, Savings                       Authority: 12 U.S.C. 3806; 15 U.S.C. 1604,
                                                                                                   1637(c)(5), 1639(l), and 1639h; Pub. L. 111–          Ann E. Misback,
                                           associations, Truth in lending.                                                                               Secretary of the Board.
                                                                                                   24, section 2, 123 Stat. 1734; Pub. L. 111–
                                           12 CFR Part 226                                         203, 124 Stat. 1376.                                    Dated: November 9, 2018.
                                             Advertising, Appraisal, Appraiser,                                                                          Mick Mulvaney,
                                                                                                   ■ 4. In Supplement I to part 226, under               Acting Director, Bureau of Consumer
                                           Consumer protection, Credit, Federal                    Section 226.43—Appraisals for Higher-
                                           Reserve System, Mortgages, Reporting                                                                          Financial Protection.
                                                                                                   Risk Mortgage Loans, paragraph                        [FR Doc. 2018–25400 Filed 11–21–18; 8:45 am]
                                           and recordkeeping requirements, Truth                   43(b)(2), paragraph 3.vi is added to read
                                           in lending.                                             as follows:
                                                                                                                                                         BILLING CODE 4810–33–P; 6210–01–P; 4810–AM–P

                                           12 CFR Part 1026                                        Supplement I to Part 226—Official Staff
                                             Advertising, Appraisal, Appraiser,                    Interpretations                                       FEDERAL RESERVE SYSTEM
                                           Banking, Banks, Consumer protection,
                                                                                                   *      *      *      *       *                        12 CFR Part 213
                                           Credit, Credit unions, Mortgages,
                                                                                                    Section 226.43—Appraisals for Higher-Risk
                                           National banks, Reporting and                           Mortgage Loans                                        [Docket No. R–1632]
                                           recordkeeping requirements, Savings
                                           associations, Truth in lending.                         *      *      *      *       *                        RIN 7100–AF24
                                                                                                   Paragraph 43(b)(2)
                                           DEPARTMENT OF THE TREASURY                                                                                    BUREAU OF CONSUMER FINANCIAL
                                                                                                   *      *      *      *       *                        PROTECTION
                                           Office of the Comptroller of the                          3. * * *
                                           Currency                                                  vi. From January 1, 2019, through
                                                                                                   December 31, 2019, the threshold amount is
                                                                                                                                                         12 CFR Part 1013
                                           Authority and Issuance
                                                                                                   $26,700.                                              RIN 3170–AA89
                                             For the reasons set forth in the
                                           preamble, the OCC amends 12 CFR part                    *      *      *      *       *
                                                                                                                                                         Consumer Leasing (Regulation M)
                                           34 as set forth below:                                  Bureau of Consumer Financial
                                                                                                   Protection                                            AGENCY:  Board of Governors of the
                                           PART 34—REAL ESTATE LENDING                                                                                   Federal Reserve System (Board); and
                                           AND APPRAISALS                                          Authority and Issuance                                Bureau of Consumer Financial
                                                                                                     For the reasons set forth in the                    Protection (Bureau).
                                           ■ 1. The authority citation for part 34
                                           continues to read as follows:                           preamble, the Bureau amends                           ACTION: Final rules, official
                                                                                                   Regulation Z, 12 CFR part 1026, as set                interpretations and commentary.
                                             Authority: 12 U.S.C. 1 et seq., 25b, 29, 93a,
                                           371, 1462a, 1463, 1464, 1465, 1701j–3,
                                                                                                   forth below:
                                                                                                                                                         SUMMARY:    The Board and the Bureau are
                                           1828(o), 3331 et seq., 5101 et seq.,                                                                          finalizing amendments to the official
                                           5412(b)(2)(B) and 15 U.S.C. 1639h.                      PART 1026—TRUTH IN LENDING
                                                                                                   (REGULATION Z)                                        interpretations and commentary for the
                                           ■ 2. In Appendix C to Subpart G, under                                                                        agencies’ regulations that implement the
                                           Section 34.203—Appraisals for Higher-                   ■ 5. The authority citation for part 1026             Consumer Leasing Act (CLA). The
                                           Priced Mortgage Loans, paragraph                        continues to read as follows:                         Dodd-Frank Wall Street Reform and
                                           34.203(b)(2), paragraph 3.vi is added to                                                                      Consumer Protection Act (Dodd-Frank
                                           read as follows:                                          Authority: 12 U.S.C. 2601, 2603–2605,               Act) amended the CLA by requiring that
                                                                                                   2607, 2609, 2617, 3353, 5511, 5512, 5532,             the dollar threshold for exempt
                                           Appendix C to Subpart G—OCC                             5581; 15 U.S.C. 1601 et seq.
                                           Interpretations                                                                                               consumer leases be adjusted annually
                                                                                                   ■ 6. In Supplement I to part 1026, under              by the annual percentage increase in the
                                           *      *     *       *      *                           Section 1026.35—Requirements for                      Consumer Price Index for Urban Wage
                                           Section 34.203—Appraisals for Higher-Priced             Higher-Priced Mortgage Loans,                         Earners and Clerical Workers (CPI–W).
                                           Mortgage Loans                                          paragraph 35(c)(2)(ii), paragraph 3.vi is             If there is no annual percentage increase
                                           *      *     *       *      *                           added to read as follows:                             in the CPI–W, the Board and the Bureau
                                                                                                                                                         will not adjust this exemption threshold
                                           Paragraph 34.203(b)(2)                                  Supplement I to Part 1026—Official                    from the prior year. However, in years
                                           *      *     *       *      *                           Interpretations                                       following a year in which the exemption
                                             3. * * *                                              *      *      *      *       *                        threshold was not adjusted, the
                                             vi. From January 1, 2019, through                                                                           threshold is calculated by applying the
                                           December 31, 2019, the threshold amount is              Section 1026.35—Requirements for Higher-
                                                                                                   Priced Mortgage Loans                                 annual percentage change in the CPI–W
                                           $26,700.
                                                                                                                                                         to the dollar amount that would have
                                           *      *     *       *      *                           *      *      *      *       *                        resulted, after rounding, if the decreases
                                                                                                   Paragraph 35(c)(2)(ii)                                and any subsequent increases in the
amozie on DSK3GDR082PROD with RULES




                                           Board of Governors of the Federal
                                           Reserve System                                          *      *      *      *       *                        CPI–W had been taken into account.
                                                                                                     3. * * *                                            Based on the annual percentage increase
                                           Authority and Issuance                                    vi. From January 1, 2019, through                   in the CPI–W as of June 1, 2018, the
                                             For the reasons set forth in the                      December 31, 2019, the threshold amount is            exemption threshold will increase from
                                           preamble, the Board amends Regulation                   $26,700.                                              $55,800 to $57,200 effective January 1,
                                           Z, 12 CFR part 226, as set forth below:                 *      *      *      *       *                        2019.


                                      VerDate Sep<11>2014   16:13 Nov 21, 2018   Jkt 247001   PO 00000   Frm 00006   Fmt 4700   Sfmt 4700   E:\FR\FM\23NOR1.SGM   23NOR1


                                                            Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations                                                  59275

                                              Because the Dodd-Frank Act also                      rulemaking authority, the Bureau issued                   threshold to ensure that, as
                                           requires similar adjustments in the                     its own Regulation M implementing the                     contemplated by section 1100E(b) of the
                                           Truth in Lending Act’s threshold for                    CLA, 12 CFR part 1013, substantially                      Dodd-Frank Act, the values for the
                                           exempt consumer credit transactions,                    duplicating the Board’s Regulation M.4                    exemption threshold keep pace with the
                                           the Board and the Bureau are making                     Although the Bureau has the authority                     CPI–W (Regulation M Adjustment
                                           similar amendments to each of their                     to issue rules to implement the CLA for                   Calculation Rule).8 The Regulation M
                                           respective regulations implementing the                 most entities, the Board retains                          Adjustment Calculation Rule
                                           Truth in Lending Act elsewhere in this                  authority to issue rules under the CLA                    memorialized the policy that, if there is
                                           issue of the Federal Register.                          for certain motor vehicle dealers                         no annual percentage increase in the
                                           DATES: This final rule is effective                     covered by section 1029(a) of the Dodd-                   CPI–W, the Board and Bureau will not
                                           January 1, 2019.                                        Frank Act, and the Board’s Regulation                     adjust the exemption threshold from the
                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                   M continues to apply to those entities.5                  prior year. The Regulation M
                                                                                                      The Board’s and the Bureau’s                           Adjustment Calculation Rule also
                                              Board: Vivian W. Wong, Senior
                                                                                                   regulations,6 and their accompanying                      provided that, in years following a year
                                           Counsel, Division of Consumer and
                                                                                                   commentaries, provide that the                            in which the exemption threshold was
                                           Community Affairs, Board of Governors
                                                                                                   exemption threshold will be adjusted                      not adjusted because there was a
                                           of the Federal Reserve System, at (202)
                                                                                                   annually effective January 1 of each year                 decrease in the CPI–W from the
                                           452–3667; for users of
                                                                                                   based on any annual percentage                            previous year, the threshold is
                                           Telecommunications Device for the Deaf
                                                                                                   increase in the CPI–W that was in effect                  calculated by applying the annual
                                           (TDD) only, contact (202) 263–4869.
                                                                                                   on the preceding June 1. They further                     percentage change in the CPI–W to the
                                              Bureau: Shelley Thompson, Counsel,
                                                                                                   provide that any increase in the                          dollar amount that would have resulted,
                                           Office of Regulations, Bureau of
                                                                                                   threshold amount will be rounded to the                   after rounding, if the decreases and any
                                           Consumer Financial Protection, at (202)
                                                                                                   nearest $100 increment. For example, if                   subsequent increases in the CPI–W had
                                           435–7700.
                                                                                                   the annual percentage increase in the                     been taken into account. If the resulting
                                           SUPPLEMENTARY INFORMATION:                              CPI–W would result in a $950 increase                     amount calculated, after rounding, is
                                           I. Background                                           in the threshold amount, the threshold                    greater than the current threshold, then
                                                                                                   amount will be increased by $1,000.                       the threshold effective January 1 the
                                              The Dodd-Frank Wall Street Reform                    However, if the annual percentage                         following year will increase
                                           and Consumer Protection Act of 2010                     increase in the CPI–W would result in                     accordingly; if the resulting amount
                                           (Dodd-Frank Act) increased the                          a $949 increase in the threshold                          calculated, after rounding, is equal to or
                                           threshold in the Consumer Leasing Act                   amount, the threshold amount will be                      less than the current threshold, then the
                                           (CLA) for exempt consumer leases, and                   increased by $900.7 Since 2011, the                       threshold effective January 1 the
                                           the threshold in the Truth in Lending                   Board and the Bureau have adjusted the                    following year will not change, but
                                           Act (TILA) for exempt consumer credit                   Regulation M exemption threshold                          future increases will be calculated based
                                           transactions,1 from $25,000 to $50,000,                 annually, in accordance with these                        on the amount that would have resulted,
                                           effective July 21, 2011.2 In addition, the              rules.                                                    after rounding.
                                           Dodd-Frank Act requires that, on and                       On November 30, 2016, the Board and
                                           after December 31, 2011, these                          the Bureau published a final rule in the                  II. 2019 Adjustment and Commentary
                                           thresholds be adjusted annually for                     Federal Register to memorialize the                       Revision
                                           inflation by the annual percentage                      calculation method used by the agencies                      Effective January 1, 2019, the
                                           increase in the Consumer Price Index                    each year to adjust the exemption                         exemption threshold amount is
                                           for Urban Wage Earners and Clerical                                                                               increased from $55,800 to $57,200. This
                                           Workers (CPI–W), as published by the                       4 See 76 FR 78500 (Dec. 19, 2011); 81 FR 25323         is based on the CPI–W in effect on June
                                           Bureau of Labor Statistics. In April                    (April 28, 2016).                                         1, 2018, which was reported on May 10,
                                                                                                      5 Section 1029(a) of the Dodd-Frank Act states:
                                           2011, the Board issued a final rule                                                                               2018. The Bureau of Labor Statistics
                                                                                                   ‘‘Except as permitted in subsection (b), the Bureau
                                           amending Regulation M (which                            may not exercise any rulemaking, supervisory,             publishes consumer-based indices
                                           implements the CLA) consistent with                     enforcement, or any other authority * * * over a          monthly, but does not report a CPI
                                           these provisions of the Dodd-Frank Act,                 motor vehicle dealer that is predominantly engaged        change on June 1; adjustments are
                                           along with a similar final rule amending                in the sale and servicing of motor vehicles, the          reported in the middle of the prior
                                                                                                   leasing and servicing of motor vehicles, or both.’’
                                           Regulation Z (which implements TILA)                    12 U.S.C. 5519(a). Section 1029(b) of the Dodd-           month. The CPI–W is a subset of the
                                           (collectively, the Board Final Threshold                Frank Act states: ‘‘Subsection (a) shall not apply to     CPI–U index (based on all urban
                                           Rules).3                                                any person, to the extent that such person (1)            consumers) and represents
                                              Title X of the Dodd-Frank Act                        provides consumers with any services related to           approximately 29 percent of the U.S.
                                                                                                   residential or commercial mortgages or self-
                                           transferred rulemaking authority for a                  financing transactions involving real property; (2)       population. The CPI–W reported on
                                           number of consumer financial                            operates a line of business (A) that involves the         May 10, 2018 reflects a 2.6 percent
                                           protection laws from the Board to the                   extension of retail credit or retail leases involving     increase in the CPI–W from April 2017
                                           Bureau, effective July 21, 2011. In                     motor vehicles; and (B) in which (i) the extension        to April 2018. Accordingly, the 2.6
                                                                                                   of retail credit or retail leases are provided directly
                                           connection with this transfer of                        to consumers; and (ii) the contract governing such        percent increase in the CPI–W from
                                                                                                   extension of retail credit or retail leases is not        April 2017 to April 2018 results in an
                                              1 Although consumer credit transactions above        routinely assigned to an unaffiliated third party         exemption threshold amount of $57,200.
                                           the threshold are generally exempt, loans secured       finance or leasing source; or (3) offers or provides      The Board and the Bureau are revising
                                           by real property or by personal property used or        a consumer financial product or service not
                                           expected to be used as the principal dwelling of a      involving or related to the sale, financing, leasing,     the commentaries to their respective
                                                                                                                                                             regulations to add new comment 2(e)–
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                                           consumer and private education loans are covered        rental, repair, refurbishment, maintenance, or other
                                           by TILA regardless of the loan amount. See 12 CFR       servicing of motor vehicles, motor vehicle parts, or      11.x to state that, from January 1, 2019
                                           226.3(b)(1)(i) (Board) and 12 CFR 1026.3(b)(1)(i)       any related or ancillary product or service.’’ 12         through December 31, 2019, the
                                           (Bureau).                                               U.S.C. 5519(b).
                                              2 Public Law 111–203, section 1100E, 124 Stat.          6 12 CFR 213.2(e)(1) (Board) and 12 CFR
                                                                                                                                                             threshold amount is $57,200. These
                                           1376, 2111 (2010).                                      1013.2(e)(1) (Bureau).                                    revisions are effective January 1, 2019.
                                              3 76 FR 18349 (Apr. 4, 2011); 76 FR 18354 (Apr.         7 See comments 2(e)–9 in Supplements I of 12

                                           4, 2011).                                               CFR parts 213 and 1013.                                    8 See   81 FR 86256 (Nov. 30, 2016).



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                                           59276            Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations

                                           III. Regulatory Analysis                                12 CFR Part 1013                                      2(e) Consumer Lease
                                           Administrative Procedure Act                              Advertising, Consumer leasing,                      *     *    *    *     *
                                                                                                   Reporting and recordkeeping                             11. * * *
                                             Under the Administrative Procedure                    requirements, Truth in lending.                         x. From January 1, 2019 through
                                           Act, notice and opportunity for public                                                                        December 31, 2019, the threshold
                                           comment are not required if the Board                   BOARD OF GOVERNORS OF THE                             amount is $57,200.
                                           and the Bureau find that notice and                     FEDERAL RESERVE SYSTEM
                                                                                                                                                         *     *    *    *     *
                                           public comment are impracticable,                       Authority and Issuance
                                           unnecessary, or contrary to the public                                                                          By order of the Board of Governors of the
                                                                                                     For the reasons set forth in the                    Federal Reserve System, under delegated
                                           interest.9 The amendments in this rule
                                                                                                   preamble, the Board amends Regulation                 authority, November 7, 2018.
                                           are technical and apply the method
                                                                                                   M, 12 CFR part 213, as set forth below:               Ann E. Misback,
                                           previously set forth in the Board Final
                                           Threshold Rules and the Regulation M                                                                          Secretary of the Board.
                                           Adjustment Calculation Rule. For these                  PART 213—CONSUMER LEASING                               Dated: November 9, 2018.
                                           reasons, the Board and the Bureau have                  (REGULATION M)                                        Mick Mulvaney,
                                           determined that publishing a notice of                                                                        Acting Director, Bureau of Consumer
                                                                                                   ■ 1. The authority citation for part 213              Financial Protection.
                                           proposed rulemaking and providing
                                                                                                   continues to read as follows:
                                           opportunity for public comment are                                                                            [FR Doc. 2018–25396 Filed 11–21–18; 8:45 am]
                                           unnecessary. Therefore, the                               Authority: 15 U.S.C. 1604 and 1667f;                BILLING CODE 4810–AM–P; 6210–01–P
                                           amendments are adopted in final form.                   Pub. L. 111–203 section 1100E, 124 Stat.
                                                                                                   1376.
                                           Regulatory Flexibility Act                                                                                    FEDERAL RESERVE SYSTEM
                                                                                                   ■ 2. In Supplement I to Part 213, under
                                              The Regulatory Flexibility Act (RFA)                 Section 213.2—Definitions, under 2(e)                 12 CFR Part 226
                                           does not apply to a rulemaking where a                  Consumer Lease, paragraph 11.x is
                                           general notice of proposed rulemaking                   added to read as follows:                             [Docket No. R–1633]
                                           is not required.10 As noted previously,                                                                       RIN 7100–AF25
                                           the agencies have determined that it is                 Supplement I to Part 213—Official Staff
                                           unnecessary to publish a general notice                 Interpretations
                                                                                                                                                         BUREAU OF CONSUMER FINANCIAL
                                           of proposed rulemaking for this joint                   *      *      *      *       *                        PROTECTION
                                           final rule. Accordingly, the RFA’s
                                                                                                   Section 213.2—Definitions
                                           requirements relating to an initial and                                                                       12 CFR Part 1026
                                           final regulatory flexibility analysis do                *      *      *      *       *
                                           not apply.                                                                                                    RIN 3170–AA90
                                                                                                   2(e) Consumer Lease
                                           Paperwork Reduction Act                                 *     *    *    *     *                               Truth in Lending (Regulation Z)
                                             In accordance with the Paperwork                        11. * * *                                           AGENCY:  Board of Governors of the
                                           Reduction Act of 1995,11 the agencies                     x. From January 1, 2019 through                     Federal Reserve System (Board); and
                                           reviewed this final rule. No collections                December 31, 2019, the threshold                      Bureau of Consumer Financial
                                           of information pursuant to the                          amount is $57,200.                                    Protection (Bureau).
                                           Paperwork Reduction Act are contained                   *     *    *    *     *                               ACTION: Final rules, official
                                           in the final rule.                                                                                            interpretations and commentary.
                                                                                                   BUREAU OF CONSUMER FINANCIAL
                                           Bureau Congressional Review Act                         PROTECTION                                            SUMMARY:    The Board and the Bureau are
                                           Statement                                                                                                     publishing final rules amending the
                                                                                                   Authority and Issuance
                                              Pursuant to the Congressional Review                                                                       official interpretations and commentary
                                                                                                     For the reasons set forth in the                    for the agencies’ regulations that
                                           Act (5 U.S.C. 801 et seq.), the Bureau                  preamble, the Bureau amends
                                           will submit a report containing this rule                                                                     implement the Truth in Lending Act
                                                                                                   Regulation M, 12 CFR part 1013, as set                (TILA). The Dodd-Frank Wall Street
                                           and other required information to the                   forth below:
                                           U.S. Senate, the U.S. House of                                                                                Reform and Consumer Protection Act
                                           Representatives, and the Comptroller                                                                          (Dodd-Frank Act) amended TILA by
                                                                                                   PART 1013—CONSUMER LEASING                            requiring that the dollar threshold for
                                           General of the United States prior to the               (REGULATION M)
                                           rule taking effect. The Office of                                                                             exempt consumer credit transactions be
                                           Information and Regulatory Affairs                                                                            adjusted annually by the annual
                                                                                                   ■ 3. The authority citation for part 1013
                                           (OIRA) has designated this rule as not                                                                        percentage increase in the Consumer
                                                                                                   continues to read as follows:
                                           a ‘‘major rule’’ as defined by 5 U.S.C.                                                                       Price Index for Urban Wage Earners and
                                                                                                     Authority: 15 U.S.C. 1604 and 1667f; Pub.           Clerical Workers (CPI–W). If there is no
                                           804(2).                                                 L. 111–203 section 1100E, 124 Stat. 1376.             annual percentage increase in the CPI–
                                           List of Subjects                                        ■ 4. In Supplement I to part 1013, under              W, the Board and the Bureau will not
                                           12 CFR Part 213                                         Section 1013.2—Definitions, under                     adjust this exemption threshold from
                                                                                                   2(e)—Consumer Lease, paragraph 11.x is                the prior year. However, in years
                                             Advertising, Consumer leasing,                        added to read as follows:                             following a year in which the exemption
                                           Consumer protection, Federal Reserve                                                                          threshold was not adjusted, the
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                                           System, Reporting and recordkeeping                     Supplement I to Part 1013—Official                    threshold is calculated by applying the
                                           requirements.                                           Interpretations                                       annual percentage change in the CPI–W
                                                                                                   *      *      *      *       *                        to the dollar amount that would have
                                             95  U.S.C. 553(b)(B).                                                                                       resulted, after rounding, if the decreases
                                             10 5 U.S.C. 603 and 604.
                                                                                                   Section 1013.2—Definitions                            and any subsequent increases in the
                                             11 44 U.S.C. 3506; 5 CFR part 1320.                   *      *      *      *       *                        CPI–W had been taken into account.


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Document Created: 2018-11-27 12:59:37
Document Modified: 2018-11-27 12:59:37
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, 2019.
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 Citation83 FR 59274 
RIN Number7100-AF24 and 3170-AA89
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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