83_FR_59502 83 FR 59276 - Truth in Lending (Regulation Z)

83 FR 59276 - Truth in Lending (Regulation Z)

FEDERAL RESERVE SYSTEM
BUREAU OF CONSUMER FINANCIAL PROTECTION

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

Page Range59276-59278
FR Document2018-25398

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, 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 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 83 Issue 226 (Friday, November 23, 2018)
[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Rules and Regulations]
[Pages 59276-59278]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25398]


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FEDERAL RESERVE SYSTEM

12 CFR Part 226

[Docket No. R-1633]
RIN 7100-AF25

BUREAU OF CONSUMER FINANCIAL PROTECTION

12 CFR Part 1026

RIN 3170-AA90


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.

[[Page 59277]]

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

    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, as contemplated by section 1100E(b) of the Dodd-Frank Act, the 
values for the exemption threshold keep pace with the CPI-W (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. 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 3(b)-

[[Page 59278]]

3.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.

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 
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.
---------------------------------------------------------------------------

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 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.


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

Supplement I to Part 1026--Official Interpretations

* * * * *

Section 1026.3--Exempt Transactions

* * * * *
3(b) Credit Over Applicable Threshold Amount
* * * * *
    3. * * *
    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. 2018-25398 Filed 11-21-18; 8:45 am]
BILLING CODE 4810-AM-P; 6210-01-P



                                           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
amozie on DSK3GDR082PROD with RULES




                                           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.


                                      VerDate Sep<11>2014   16:13 Nov 21, 2018   Jkt 247001   PO 00000   Frm 00008   Fmt 4700   Sfmt 4700   E:\FR\FM\23NOR1.SGM   23NOR1


                                                            Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations                                                  59277

                                           Based on the annual percentage increase                 number of consumer financial                                 On November 30, 2016, the Board and
                                           in the CPI–W as of June 1, 2018, the                    protection laws from the Board to the                     the Bureau published a final rule in the
                                           exemption threshold will increase from                  Bureau, effective July 21, 2011. In                       Federal Register to memorialize the
                                           $55,800 to $57,200 effective January 1,                 connection with this transfer of                          calculation method used by the agencies
                                           2019.                                                   rulemaking authority, the Bureau issued                   each year to adjust the exemption
                                             Because the Dodd-Frank Act also                       its own Regulation Z implementing                         threshold to ensure that, as
                                           requires similar adjustments in the                     TILA, 12 CFR part 1026, substantially                     contemplated by section 1100E(b) of the
                                           Consumer Leasing Act’s threshold for                    duplicating the Board’s Regulation Z.4                    Dodd-Frank Act, the values for the
                                           exempt consumer leases, the Board and                   Although the Bureau has the authority                     exemption threshold keep pace with the
                                           the Bureau are making similar                           to issue rules to implement TILA for                      CPI–W (Regulation Z Adjustment
                                           amendments to each of their respective                  most entities, the Board retains                          Calculation Rule).8 The Regulation Z
                                           regulations implementing the Consumer                   authority to issue rules under TILA for                   Adjustment Calculation Rule
                                           Leasing Act elsewhere in this issue of                  certain motor vehicle dealers covered by                  memorialized the policy that, if there is
                                           the Federal Register.                                   section 1029(a) of the Dodd-Frank Act,                    no annual percentage increase in the
                                           DATES: This final rule is effective                     and the Board’s Regulation Z continues                    CPI–W, the Board and Bureau will not
                                           January 1, 2019.                                        to apply to those entities.5                              adjust the exemption threshold from the
                                           FOR FURTHER INFORMATION CONTACT:                           The Board’s and the Bureau’s                           prior year. The Regulation Z Adjustment
                                             Board: Vivian W. Wong, Senior                         regulations,6 and their accompanying                      Calculation Rule also provided that, in
                                           Counsel, Division of Consumer and                       commentaries, provide that the                            years following a year in which the
                                           Community Affairs, Board of Governors                   exemption threshold will be adjusted                      exemption threshold was not adjusted
                                           of the Federal Reserve System, at (202)                 annually effective January 1 of each year                 because there was a decrease in the CPI–
                                           452–3667; for users of                                  based on any annual percentage                            W from the previous year, the threshold
                                           Telecommunications Device for the Deaf                  increase in the CPI–W that was in effect                  is 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)                                                                           subsequent increases in the CPI–W had
                                                                                                   nearest $100 increment. For example, if
                                           435–7700.                                                                                                         been taken into account. If the resulting
                                                                                                   the annual percentage increase in the
                                           SUPPLEMENTARY INFORMATION:                                                                                        amount calculated, after rounding, is
                                                                                                   CPI–W would result in a $950 increase
                                                                                                                                                             greater than the current threshold, then
                                           I. Background                                           in the threshold amount, the threshold
                                                                                                                                                             the threshold effective January 1 the
                                                                                                   amount will be increased by $1,000.
                                              The Dodd-Frank Wall Street Reform                                                                              following year will increase
                                                                                                   However, if the annual percentage
                                           and Consumer Protection Act of 2010                                                                               accordingly; if the resulting amount
                                                                                                   increase in the CPI–W would result in
                                           (Dodd-Frank Act) increased the                                                                                    calculated, after rounding, is equal to or
                                                                                                   a $949 increase in the threshold
                                           threshold in the Truth in Lending Act                                                                             less than the current threshold, then the
                                                                                                   amount, the threshold amount will be
                                           (TILA) for exempt consumer credit                                                                                 threshold effective January 1 the
                                                                                                   increased by $900.7 Since 2011, the                       following year will not change, but
                                           transactions,1 and the threshold in the
                                           Consumer Leasing Act (CLA) for exempt                   Board and the Bureau have adjusted the                    future increases will be calculated based
                                           consumer leases, from $25,000 to                        Regulation Z exemption threshold                          on the amount that would have resulted,
                                           $50,000, effective July 21, 2011.2 In                   annually, in accordance with these                        after rounding.
                                           addition, the Dodd-Frank Act requires                   rules.
                                                                                                                                                             II. 2019 Adjustment and Commentary
                                           that, on and after December 31, 2011,
                                                                                                     4 See  76 FR 79768 (Dec. 22, 2011); 81 FR 25323         Revision
                                           these thresholds be adjusted annually
                                                                                                   (Apr. 28, 2016).                                             Effective January 1, 2019, the
                                           for inflation by the annual percentage                     5 Section 1029(a) of the Dodd-Frank Act states:
                                           increase in the Consumer Price Index                    ‘‘Except as permitted in subsection (b), the Bureau
                                                                                                                                                             exemption threshold amount is
                                           for Urban Wage Earners and Clerical                     may not exercise any rulemaking, supervisory,             increased from $55,800 to $57,200. This
                                           Workers (CPI–W), as published by the                    enforcement, or any other authority * * * over a          is based on the CPI–W in effect on June
                                           Bureau of Labor Statistics. In April                    motor vehicle dealer that is predominantly engaged        1, 2018, which was reported on May 10,
                                                                                                   in the sale and servicing of motor vehicles, the
                                           2011, the Board issued a final rule                     leasing and servicing of motor vehicles, or both.’’
                                                                                                                                                             2018. The Bureau of Labor Statistics
                                           amending Regulation Z (which                            12 U.S.C. 5519(a). Section 1029(b) of the Dodd-           publishes consumer-based indices
                                           implements TILA) consistent with these                  Frank Act states: ‘‘Subsection (a) shall not apply to     monthly, but does not report a CPI
                                           provisions of the Dodd-Frank Act, along                 any person, to the extent that such person (1)            change on June 1; adjustments are
                                                                                                   provides consumers with any services related to           reported in the middle of the prior
                                           with a similar final rule amending                      residential or commercial mortgages or self-
                                           Regulation M (which implements the                      financing transactions involving real property; (2)       month. The CPI–W is a subset of the
                                           CLA) (collectively, the Board Final                     operates a line of business (A) that involves the         CPI–U index (based on all urban
                                           Threshold Rules).3                                      extension of retail credit or retail leases involving     consumers) and represents
                                                                                                   motor vehicles; and (B) in which (i) the extension        approximately 29 percent of the U.S.
                                              Title X of the Dodd-Frank Act                        of retail credit or retail leases are provided directly
                                           transferred rulemaking authority for a                  to consumers; and (ii) the contract governing such        population. The CPI–W reported on
                                                                                                   extension of retail credit or retail leases is not        May 10, 2018 reflects a 2.6 percent
                                              1 Although consumer credit transactions above        routinely assigned to an unaffiliated third party         increase in the CPI–W from April 2017
                                           the threshold are generally exempt, loans secured       finance or leasing source; or (3) offers or provides      to April 2018. Accordingly, the 2.6
                                           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,     percent increase in the CPI–W from
                                                                                                                                                             April 2017 to April 2018 results in an
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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      exemption threshold amount of $57,200.
                                           226.3(b)(1)(i) (Board) and 12 CFR 1026.3(b)(1)(i)       any related or ancillary product or service.’’ 12         The Board and the Bureau are revising
                                           (Bureau).                                               U.S.C. 5519(b).
                                              2 Public Law 111–203, section 1100E, 124 Stat.          6 12 CFR 226.3(b)(1)(ii) (Board) and 12 CFR
                                                                                                                                                             the commentaries to their respective
                                           1376, 2111 (2010).                                      1026.3(b)(1)(ii) (Bureau).                                regulations to add new comment 3(b)–
                                              3 76 FR 18354 (Apr. 4, 2011); 76 FR 18349 (Apr.         7 See comments 3(b)–1 in Supplements I of 12

                                           4, 2011).                                               CFR parts 226 and 1026.                                    8 See   81 FR 86260 (Nov. 30, 2016).



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                                           59278            Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations

                                           3.x to state that, from January 1, 2019                 recordkeeping requirements, Truth in                  under 3(b)—Credit Over Applicable
                                           through December 31, 2019, the                          lending.                                              Threshold Amount, paragraph 3.x is
                                           threshold amount is $57,200. These                                                                            added to read as follows:
                                                                                                   12 CFR Part 1026
                                           revisions are effective January 1, 2019.
                                                                                                     Advertising, Appraisal, Appraiser,                  Supplement I to Part 1026—Official
                                           III. Regulatory Analysis                                Banking, Banks, Consumer protection,                  Interpretations
                                           Administrative Procedure Act                            Credit, Credit unions, Mortgages,                     *        *       *    *   *
                                                                                                   National banks, Reporting and
                                             Under the Administrative Procedure                                                                          Section 1026.3—Exempt Transactions
                                                                                                   recordkeeping requirements, Savings
                                           Act, notice and opportunity for public
                                                                                                   associations, Truth in lending.                       *        *       *    *   *
                                           comment are not required if the Board
                                           and the Bureau find that notice and                     Board of Governors of the Federal                     3(b) Credit Over Applicable Threshold
                                           public comment are impracticable,                       Reserve System                                        Amount
                                           unnecessary, or contrary to the public                  Authority and Issuance                                *     *    *    *     *
                                           interest.9 The amendments in this rule                                                                          3. * * *
                                           are technical and apply the method                        For the reasons set forth in the
                                                                                                   preamble, the Board amends Regulation                   x. From January 1, 2019 through
                                           previously set forth in the Board Final                                                                       December 31, 2019, the threshold
                                           Threshold Rules and the Regulation Z                    Z, 12 CFR part 226, as set forth below:
                                                                                                                                                         amount is $57,200.
                                           Adjustment Calculation Rule. For these
                                                                                                   PART 226—TRUTH IN LENDING                             *     *    *    *     *
                                           reasons, the Board and the Bureau have
                                                                                                   (REGULATION Z)
                                           determined that publishing a notice of                                                                          By order of the Board of Governors of the
                                           proposed rulemaking and providing                                                                             Federal Reserve System, under delegated
                                                                                                   ■ 1. The authority citation for part 226
                                           opportunity for public comment are                                                                            authority, November 7, 2018.
                                                                                                   continues to read as follows:
                                           unnecessary. Therefore, the                                                                                   Ann E. Misback,
                                                                                                     Authority: 12 U.S.C. 3806; 15 U.S.C. 1604,
                                           amendments are adopted in final form.                   1637(c)(5), 1639(l) and 1639h; Pub. L. 111–
                                                                                                                                                         Secretary of the Board.
                                           Regulatory Flexibility Act                              24, section 2, 123 Stat. 1734; Pub. L. 111–             Dated: November 9, 2018.
                                                                                                   203, 124 Stat. 1376.                                  Mick Mulvaney,
                                              The Regulatory Flexibility Act (RFA)
                                                                                                   ■ 2. In Supplement I to part 226, under               Acting Director, Bureau of Consumer
                                           does not apply to a rulemaking where a                                                                        Financial Protection.
                                           general notice of proposed rulemaking                   Section 226.3—Exempt Transactions,
                                                                                                   under 3(b) Credit over applicable                     [FR Doc. 2018–25398 Filed 11–21–18; 8:45 am]
                                           is not required.10 As noted previously,
                                           the agencies have determined that it is                 threshold amount, paragraph 3.x is                    BILLING CODE 4810–AM–P; 6210–01–P

                                           unnecessary to publish a general notice                 added to read as follows:
                                           of proposed rulemaking for this joint                   Supplement I to Part 226—Official Staff
                                           final rule. Accordingly, the RFA’s                                                                            DEPARTMENT OF TRANSPORTATION
                                                                                                   Interpretations
                                           requirements relating to an initial and
                                           final regulatory flexibility analysis do                *      *      *      *       *                        Federal Aviation Administration
                                           not apply.                                              Subpart A—General
                                                                                                                                                         14 CFR Part 39
                                           Paperwork Reduction Act                                 *      *      *      *       *
                                                                                                                                                         [Docket No. FAA–2018–0298; Product
                                             In accordance with the Paperwork                      Section 226.3—Exempt Transactions                     Identifier 2017–NM–179–AD; Amendment
                                           Reduction Act of 1995,11 the agencies                                                                         39–19488; AD 2018–23–02]
                                           reviewed this final rule. No collections                *     *    *     *    *
                                                                                                     3(b) Credit over applicable threshold               RIN 2120–AA64
                                           of information pursuant to the
                                                                                                   amount.
                                           Paperwork Reduction Act are contained                                                                         Airworthiness Directives; Airbus SAS
                                           in the final rule.                                      *     *    *     *    *
                                                                                                     3. * * *                                            Airplanes
                                           Bureau Congressional Review Act                           x. From January 1, 2019 through                     AGENCY:  Federal Aviation
                                           Statement                                               December 31, 2019, the threshold                      Administration (FAA), Department of
                                              Pursuant to the Congressional Review                 amount is $57,200.                                    Transportation (DOT).
                                           Act (5 U.S.C. 801 et seq.), the Bureau                  *     *    *     *    *                               ACTION: Final rule.
                                           will submit a report containing this rule               Bureau of Consumer Financial
                                           and other required information to the                                                                         SUMMARY:   We are adopting a new
                                                                                                   Protection
                                           U.S. Senate, the U.S. House of                                                                                airworthiness directive (AD) for all
                                           Representatives, and the Comptroller                    Authority and Issuance                                Airbus SAS Model A318 and A319
                                           General of the United States prior to the                 For the reasons set forth in the                    series airplanes; Model A320–211,
                                           rule taking effect. The Office of                       preamble, the Bureau amends                           A320–212, A320–214, A320–216, A320–
                                           Information and Regulatory Affairs                      Regulation Z, 12 CFR part 1026, as set                231, A320–232, and A320–233
                                           (OIRA) has designated this rule as not                  forth below:                                          airplanes; and Model A321–111, A321–
                                           a ‘‘major rule’’ as defined by 5 U.S.C.                                                                       112, A321–131, A321–211, A321–212,
                                           804(2).                                                 PART 1026—TRUTH IN LENDING                            A321–213, A321–231, and A321–232
                                                                                                   (REGULATION Z)                                        airplanes. This AD was prompted by
                                           List of Subjects
                                                                                                                                                         reports of missing assembly hardware
                                           12 CFR Part 226                                         ■ 3. The authority citation for part 1026             on the trimmable horizontal stabilizer
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                                                                                                   continues to read as follows:                         actuator (THSA). This AD requires
                                             Advertising, Consumer protection,
                                           Federal Reserve System, Reporting and                     Authority: 12 U.S.C. 2601, 2603–2605,               repetitive inspections and checks of the
                                                                                                   2607, 2609, 2617, 3353, 5511, 5512, 5532,             lower and upper THSA attachments and
                                             95
                                                                                                   5581; 15 U.S.C. 1601 et seq.                          applicable related investigative and
                                                 U.S.C. 553(b)(B).
                                             10 5 U.S.C. 603 and 604.                              ■ 4. In Supplement I to part 1026, under              corrective actions; a one-time inspection
                                             11 44 U.S.C. 3506; 5 CFR part 1320.                   Section 1026.3—Exempt Transactions,                   of the THSA lower attachment and


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Document Created: 2018-11-27 12:58:34
Document Modified: 2018-11-27 12:58:34
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 59276 
RIN Number7100-AF25 and 3170-AA90
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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