Description
Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations
73945
for which a general notice of proposed
rulemaking was published.12 As
discussed above, the OCC has
determined that the publication of a
general notice of proposed rulemaking
is unnecessary.
Paragraph 34.203(b)(2)
1. Threshold Amount.
* * * iii. From January 1, 2016, through December 31, 2016, the threshold amount is $25,500. List of Subjects BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM Supplement I to Part 1026—Official Interpretations Authority and Issuance * For the reasons set forth in the preamble, the Board amends Regulation Z, 12 CFR part 226, as set forth below: Subpart E—Special Rules for Certain Home Mortgage Transactions 12 CFR Part 34 Appraisal, Appraiser, Banks, Banking, Consumer protection, Credit, Mortgages, National banks, Reporting and recordkeeping requirements, Savings associations, Truth in lending. Advertising, Appraisal, Appraiser, Consumer protection, Credit, Federal Reserve System, Mortgages, 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. Office of the Comptroller of the Currency For the reasons set forth in the preamble, the OCC amends 12 CFR part 34 as set forth below: PART 34—REAL ESTATE LENDING AND APPRAISALS 2. In Appendix C to Subpart G, under Section 34.203—Appraisals for HigherPriced Mortgage Loans, paragraph 34.203(b)(2)–1.iii is added to read as follows: Appendix C to Subpart G—OCC Interpretations mstockstill on DSK4VPTVN1PROD with RULES * * Section 34.203—Appraisals for HigherPriced Mortgage Loans * * * * 12 2 * * * 16:09 Nov 25, 2015 * * * Subpart E—Special Rules for Certain Home Mortgage Transactions * * * * * Section 226.43—Appraisals for HigherRisk Mortgage Loans * * * * * * * * * Paragraph 43(b)(2) * * * * * * Section 1026.35—Requirements for Higher-Priced Mortgage Loans * * * * * * * 35(c) Appraisals * * * 35(c)(2) Exemptions * * * * * Paragraph 35(c)(2)(ii) 1.
* * * iii. From January 1, 2016, through December 31, 2016, the threshold amount is $25,500. * * * * * Dated: November 19, 2015. Amy Friend, Senior Deputy Comptroller and Chief Counsel. By order of the Board of Governors of the Federal Reserve System, acting through the Secretary of the Board under delegated authority, November 18, 2015. Robert deV. Frierson, Secretary of the Board. Dated: October 8, 2015. Richard Cordray, Director, Bureau of Consumer Financial Protection. [FR Doc.
2015–30097 Filed 11–25–15; 8:45 am] FEDERAL RESERVE SYSTEM * * * * 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) Authority: 12 U.S.C. 2601, 2603–2605, 2607, 2609, 2617, 3353, 5511, 5512, 5532, 5581; 15 U.S.C. 1601 et seq. Jkt 238001 * 1.
* * * iii. From January 1, 2016, through December 31, 2016, the threshold amount is $25,500. 5. The authority citation for part 1026 continues to read as follows: U.S.C.
1532. VerDate Sep<11>2014 * â– 34.203(b) Exemptions * 4. In Supplement I to part 226, under Section 226.43—Appraisals for HigherRisk Mortgage Loans, under paragraph 43(b)(2), paragraph 43(b)(2)–1.iii is added to read as follows: â– * * * Subpart G—Appraisals for HigherPriced Mortgage Loans â– 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. 43(b) Exemptions Authority: 12 U.S.C. 1 et seq., 25b, 29, 93a, 371, 1463, 1464, 1465,1701j–3, 1828(o), 3331 et seq., 5101 et seq., 5412(b)(2)(B) and 15 U.S.C. 1639h. * * 3.
The authority citation for part 226 continues to read as follows: * 1. The authority citation for part 34 continues to read as follows: â– * * â– * Authority and Issuance * * Supplement I to Part 226—Official Staff Interpretations DEPARTMENT OF THE TREASURY * * PART 226—TRUTH IN LENDING (REGULATION Z) 12 CFR Part 226 * * 6. In Supplement I to part 1026, under Section 1026.35—Requirements for Higher-Priced Mortgage Loans, under paragraph 35(c)(2)(ii), paragraph 35(c)(2)(ii)–1.iii is added to read as follows: â– PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 BILLING CODE 4810–33–P; 6210–01–P; 4810–AM–P 12 CFR Part 213 [Docket No.
R–1519] RIN 7100 AE–35 BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1013 RIN 3170–AA06 Consumer Leasing (Regulation M) Board of Governors of the Federal Reserve System (Board); and Bureau of Consumer Financial Protection (Bureau). AGENCIES: E:\FR\FM\27NOR1.SGM 27NOR1 . 73946 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations Final rules, official interpretations and commentary. ACTION: The Board and the Bureau are publishing final rules amending 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 Bureau will not adjust this exemption threshold from the prior year. Based on the annual percentage decrease in the CPI–W as of June 1, 2015, the exemption threshold will remain at $54,600 through December 31, 2016. Because the Dodd-Frank Act also requires similar adjustments in the 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, 2016. FOR FURTHER INFORMATION CONTACT: Board: Vivian W. Wong, Counsel, Division of Consumer and Community Affairs, Board of Governors of the Federal Reserve System, at (202) 452– 3667; for users of Telecommunications Device for the Deaf (TDD) only, contact (202) 263–4869. Bureau: James Wylie, Counsel, Office of Regulations, Bureau of Consumer Financial Protection, at (202) 435–7700. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: 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 from $25,000 to $50,000, effective July 21, 2011.1 In addition, the Dodd-Frank Act requires that this threshold be adjusted annually for inflation by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI–W), as published by the Bureau of Labor Statistics. In April 2011, the Board issued a final rule amending Regulation M (which implements the CLA) consistent with 1 Public Law 111–203 section 1100E, 124 Stat. 1376 (2010). VerDate Sep<11>2014 16:09 Nov 25, 2015 Jkt 238001 these provisions of the Dodd-Frank Act along with a similar final rule amending Regulation Z (which implements the Truth in Lending Act) (collectively, the Board Final Threshold Rules).2 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 in an interim final rule, 12 CFR part 1013 (Bureau Interim Final Rule).3 The Bureau Interim Final Rule substantially duplicated the Board’s Regulation M, including the revisions to the threshold for exempt transactions made by the Board in April 2011. Although the Bureau has the authority to issue rules to implement 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 DoddFrank Act, and the Board’s Regulation M continues to apply to those entities.4 Section 213.2(e)(1) of the Board’s Regulation M and § 1013.2(e)(1) of the Bureau’s Regulation M, and their accompanying commentaries, provide that the exemption threshold will be adjusted annually effective January 1 of each year based on any annual percentage increase in the CPI–W that was in effect on the preceding June 1. Any increase in the threshold amount will be rounded to the nearest $100 increment.
For example, if the annual percentage increase in the CPI–W would result in a $950 increase in the threshold amount, the threshold amount 2 76 FR 18349 (Apr. 4, 2011); 76 FR 18354 (Apr. 4, 2011). 3 76 FR 78500 (Dec. 19, 2011). 4 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 DoddFrank 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 selffinancing 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). PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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 $900.5 As stated in the Board Final Threshold Rules, if there is no annual percentage increase in the CPI–W, the Board and Bureau will not adjust the exemption threshold from the prior year.6 II. Adjustment and Commentary Revision Effective January 1, 2016, the exemption threshold amount remains at $54,600. This is based on the CPI–W in effect on June 1, 2015, which was reported on May 22, 2015.
The Bureau of Labor Statistics publishes consumerbased indices monthly, but does not report a CPI change on June 1; adjustments are reported in the middle of the month. The CPI–W is a subset of the CPI–U index (based on all urban consumers) and represents approximately 28 percent of the U.S. population. Because the CPI–W reported on May 22, 2015 reflects a 0.8 percent decrease in the CPI–W from April 2014 to April 2015, the Board and the Bureau are not adjusting the exemption threshold amount.
The Board and the Bureau are revising the commentaries to their respective regulations to add new comment 2(e)–9.vii to state that, from January 1, 2016 through December 31, 2016, the threshold amount is $54,600. These revisions are effective January 1, 2016. III. Administrative Law Matters Administrative Procedure Act Under the Administrative Procedure Act, notice and opportunity for public comment are not required if the Board and the Bureau find that notice and public comment are impracticable, unnecessary, or contrary to the public interest.7 The amendment in this notice is technical and applies the method previously set forth in the Board Final Threshold Rules.8 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. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) does not apply to a rulemaking where a 5 See comments 2(e)–9 in Supplements I of 12 CFR part 213 and 12 CFR part 1013. 6 76 FR 18354, 18355 n.1 (Apr. 4, 2011) (‘‘[A]n annual period of deflation or no inflation would not require a change in the threshold amount.’’). 7 See 5 U.S.C.
553(b)(B). 8 See supra note 6. E:\FR\FM\27NOR1.SGM 27NOR1 . Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations general notice of proposed rulemaking is not required.9 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. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995,10 the agencies reviewed this final rule.
No collections of information pursuant to the Paperwork Reduction Act are contained in the final rule. List of Subjects 12 CFR Part 213 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) 3. The authority citation for part 1013 continues to read as follows: â– Authority: 15 U.S.C. 1604 and 1667f; Pub. L.
111–203 section 1100E, 124 Stat. 1376. 4. In Supplement I to part 1013, under Section 1013.2—Definitions, under 2(e) Consumer Lease, paragraph 9.vii is added to read as follows: â– Supplement I to Part 1013—Official Interpretations Advertising, Consumer leasing, Consumer protection, Federal Reserve System, Reporting and recordkeeping requirements. * * * * * Section 1013.2—Definitions * 12 CFR Part 1013 * * * * 2(e) Consumer Lease.
* * * . 9. * * * vii. From January 1, 2016 through December 31, 2016, the threshold amount is $54,600. Advertising, Consumer leasing, Reporting and recordkeeping requirements. * Board of Governors of the Federal Reserve System Text of Final Revisions 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) * * * * By order of the Board of Governors of the Federal Reserve System, November 18, 2015. Robert deV.
Frierson, Secretary of the Board. Dated: September 22, 2015. Richard Cordray, Director, Bureau of Consumer Financial Protection. [FR Doc. 2015–30071 Filed 11–25–15; 8:45 am] BILLING CODE 4810–AM–P; 6210–01–P 1. The authority citation for part 213 continues to read as follows: â– Authority: 15 U.S.C.
1604 and 1667f; Pub. L. 111–203 section 1100E, 124 Stat. 1376. 2.
In Supplement I to Part 213, under Section 213.2—Definitions, under 2(e) Consumer Lease, paragraph 9.vii is added to read as follows: â– * * * 12 CFR Part 226 [Docket No. R–1520] RIN 7100 AE–36 Supplement I to Part 213—Official Staff Commentary to Regulation M * FEDERAL RESERVE SYSTEM BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1026 * Truth in Lending (Regulation Z) * mstockstill on DSK4VPTVN1PROD with RULES Section 213.2—Definitions AGENCIES: * * * * 2(e) Consumer Lease. 9. * * * vii.
From January 1, 2016 through December 31, 2016, the threshold amount is $54,600. * * * * * Board of Governors of the Federal Reserve System (Board); and Bureau of Consumer Financial Protection (Bureau). ACTION: Final rules, official interpretations and commentary. The Board and the Bureau are publishing final rules amending the official interpretations and commentary SUMMARY: 9 See 5 U.S.C. 603 and 604. 10 44 U.S.C. 3506; 5 CFR part 1320. VerDate Sep<11>2014 16:09 Nov 25, 2015 Jkt 238001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 73947 for the agencies’ regulations that implement the Truth in Lending Act (TILA).
The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) amended TILA by requiring that the dollar threshold for exempt consumer credit transactions be adjusted annually by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI–W). If there is no annual percentage increase in the CPI– W, the Board and Bureau will not adjust this exemption threshold from the prior year. Based on the annual percentage decrease in the CPI–W as of June 1, 2015, the exemption threshold will remain at $54,600 through December 31, 2016. Because the Dodd-Frank Act also requires similar adjustments in the Consumer Leasing Act’s threshold for exempt consumer leases, the Board and the Bureau are making similar amendments to each of their respective regulations implementing the Consumer Leasing Act elsewhere in this issue of the Federal Register. DATES: This final rule is effective January 1, 2016. FOR FURTHER INFORMATION CONTACT: Board: Vivian W.
Wong, Counsel, Division of Consumer and Community Affairs, Board of Governors of the Federal Reserve System, at (202) 452– 3667; for users of Telecommunications Device for the Deaf (TDD) only, contact (202) 263–4869. Bureau: James Wylie, Counsel, Office of Regulations, Bureau of Consumer Financial Protection, at (202) 435–7700. SUPPLEMENTARY INFORMATION: I. Background The Dodd-Frank Wall Street Reform and Consumer Protection Act (DoddFrank Act) increased the threshold in the Truth in Lending Act (TILA) for exempt consumer credit transactions 1 from $25,000 to $50,000, effective July 21, 2011.2 In addition, the Dodd-Frank Act requires that this threshold be adjusted annually for inflation by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI–W), as published by the Bureau of Labor Statistics. In April 2011, the Board issued a final rule amending Regulation Z (which implements TILA) consistent 1 Although consumer credit transactions above the threshold are generally exempt, loans secured by real property or by personal property used or expected to be used as the principal dwelling of a consumer and private education loans are covered by TILA regardless of the loan amount.
See 12 CFR 226.3(b)(1)(i) and 12 CFR 1026.3(b)(1)(i). 2 Public Law 111–203 section 1100E, 124 Stat. 1376 (2010). E:\FR\FM\27NOR1.SGM 27NOR1 . .
* * * iii. From January 1, 2016, through December 31, 2016, the threshold amount is $25,500. List of Subjects BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM Supplement I to Part 1026—Official Interpretations Authority and Issuance * For the reasons set forth in the preamble, the Board amends Regulation Z, 12 CFR part 226, as set forth below: Subpart E—Special Rules for Certain Home Mortgage Transactions 12 CFR Part 34 Appraisal, Appraiser, Banks, Banking, Consumer protection, Credit, Mortgages, National banks, Reporting and recordkeeping requirements, Savings associations, Truth in lending. Advertising, Appraisal, Appraiser, Consumer protection, Credit, Federal Reserve System, Mortgages, 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. Office of the Comptroller of the Currency For the reasons set forth in the preamble, the OCC amends 12 CFR part 34 as set forth below: PART 34—REAL ESTATE LENDING AND APPRAISALS 2. In Appendix C to Subpart G, under Section 34.203—Appraisals for HigherPriced Mortgage Loans, paragraph 34.203(b)(2)–1.iii is added to read as follows: Appendix C to Subpart G—OCC Interpretations mstockstill on DSK4VPTVN1PROD with RULES * * Section 34.203—Appraisals for HigherPriced Mortgage Loans * * * * 12 2 * * * 16:09 Nov 25, 2015 * * * Subpart E—Special Rules for Certain Home Mortgage Transactions * * * * * Section 226.43—Appraisals for HigherRisk Mortgage Loans * * * * * * * * * Paragraph 43(b)(2) * * * * * * Section 1026.35—Requirements for Higher-Priced Mortgage Loans * * * * * * * 35(c) Appraisals * * * 35(c)(2) Exemptions * * * * * Paragraph 35(c)(2)(ii) 1.
* * * iii. From January 1, 2016, through December 31, 2016, the threshold amount is $25,500. * * * * * Dated: November 19, 2015. Amy Friend, Senior Deputy Comptroller and Chief Counsel. By order of the Board of Governors of the Federal Reserve System, acting through the Secretary of the Board under delegated authority, November 18, 2015. Robert deV. Frierson, Secretary of the Board. Dated: October 8, 2015. Richard Cordray, Director, Bureau of Consumer Financial Protection. [FR Doc.
2015–30097 Filed 11–25–15; 8:45 am] FEDERAL RESERVE SYSTEM * * * * 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) Authority: 12 U.S.C. 2601, 2603–2605, 2607, 2609, 2617, 3353, 5511, 5512, 5532, 5581; 15 U.S.C. 1601 et seq. Jkt 238001 * 1.
* * * iii. From January 1, 2016, through December 31, 2016, the threshold amount is $25,500. 5. The authority citation for part 1026 continues to read as follows: U.S.C.
1532. VerDate Sep<11>2014 * â– 34.203(b) Exemptions * 4. In Supplement I to part 226, under Section 226.43—Appraisals for HigherRisk Mortgage Loans, under paragraph 43(b)(2), paragraph 43(b)(2)–1.iii is added to read as follows: â– * * * Subpart G—Appraisals for HigherPriced Mortgage Loans â– 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. 43(b) Exemptions Authority: 12 U.S.C. 1 et seq., 25b, 29, 93a, 371, 1463, 1464, 1465,1701j–3, 1828(o), 3331 et seq., 5101 et seq., 5412(b)(2)(B) and 15 U.S.C. 1639h. * * 3.
The authority citation for part 226 continues to read as follows: * 1. The authority citation for part 34 continues to read as follows: â– * * â– * Authority and Issuance * * Supplement I to Part 226—Official Staff Interpretations DEPARTMENT OF THE TREASURY * * PART 226—TRUTH IN LENDING (REGULATION Z) 12 CFR Part 226 * * 6. In Supplement I to part 1026, under Section 1026.35—Requirements for Higher-Priced Mortgage Loans, under paragraph 35(c)(2)(ii), paragraph 35(c)(2)(ii)–1.iii is added to read as follows: â– PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 BILLING CODE 4810–33–P; 6210–01–P; 4810–AM–P 12 CFR Part 213 [Docket No.
R–1519] RIN 7100 AE–35 BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1013 RIN 3170–AA06 Consumer Leasing (Regulation M) Board of Governors of the Federal Reserve System (Board); and Bureau of Consumer Financial Protection (Bureau). AGENCIES: E:\FR\FM\27NOR1.SGM 27NOR1 . 73946 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations Final rules, official interpretations and commentary. ACTION: The Board and the Bureau are publishing final rules amending 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 Bureau will not adjust this exemption threshold from the prior year. Based on the annual percentage decrease in the CPI–W as of June 1, 2015, the exemption threshold will remain at $54,600 through December 31, 2016. Because the Dodd-Frank Act also requires similar adjustments in the 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, 2016. FOR FURTHER INFORMATION CONTACT: Board: Vivian W. Wong, Counsel, Division of Consumer and Community Affairs, Board of Governors of the Federal Reserve System, at (202) 452– 3667; for users of Telecommunications Device for the Deaf (TDD) only, contact (202) 263–4869. Bureau: James Wylie, Counsel, Office of Regulations, Bureau of Consumer Financial Protection, at (202) 435–7700. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: 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 from $25,000 to $50,000, effective July 21, 2011.1 In addition, the Dodd-Frank Act requires that this threshold be adjusted annually for inflation by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI–W), as published by the Bureau of Labor Statistics. In April 2011, the Board issued a final rule amending Regulation M (which implements the CLA) consistent with 1 Public Law 111–203 section 1100E, 124 Stat. 1376 (2010). VerDate Sep<11>2014 16:09 Nov 25, 2015 Jkt 238001 these provisions of the Dodd-Frank Act along with a similar final rule amending Regulation Z (which implements the Truth in Lending Act) (collectively, the Board Final Threshold Rules).2 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 in an interim final rule, 12 CFR part 1013 (Bureau Interim Final Rule).3 The Bureau Interim Final Rule substantially duplicated the Board’s Regulation M, including the revisions to the threshold for exempt transactions made by the Board in April 2011. Although the Bureau has the authority to issue rules to implement 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 DoddFrank Act, and the Board’s Regulation M continues to apply to those entities.4 Section 213.2(e)(1) of the Board’s Regulation M and § 1013.2(e)(1) of the Bureau’s Regulation M, and their accompanying commentaries, provide that the exemption threshold will be adjusted annually effective January 1 of each year based on any annual percentage increase in the CPI–W that was in effect on the preceding June 1. Any increase in the threshold amount will be rounded to the nearest $100 increment.
For example, if the annual percentage increase in the CPI–W would result in a $950 increase in the threshold amount, the threshold amount 2 76 FR 18349 (Apr. 4, 2011); 76 FR 18354 (Apr. 4, 2011). 3 76 FR 78500 (Dec. 19, 2011). 4 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 DoddFrank 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 selffinancing 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). PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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 $900.5 As stated in the Board Final Threshold Rules, if there is no annual percentage increase in the CPI–W, the Board and Bureau will not adjust the exemption threshold from the prior year.6 II. Adjustment and Commentary Revision Effective January 1, 2016, the exemption threshold amount remains at $54,600. This is based on the CPI–W in effect on June 1, 2015, which was reported on May 22, 2015.
The Bureau of Labor Statistics publishes consumerbased indices monthly, but does not report a CPI change on June 1; adjustments are reported in the middle of the month. The CPI–W is a subset of the CPI–U index (based on all urban consumers) and represents approximately 28 percent of the U.S. population. Because the CPI–W reported on May 22, 2015 reflects a 0.8 percent decrease in the CPI–W from April 2014 to April 2015, the Board and the Bureau are not adjusting the exemption threshold amount.
The Board and the Bureau are revising the commentaries to their respective regulations to add new comment 2(e)–9.vii to state that, from January 1, 2016 through December 31, 2016, the threshold amount is $54,600. These revisions are effective January 1, 2016. III. Administrative Law Matters Administrative Procedure Act Under the Administrative Procedure Act, notice and opportunity for public comment are not required if the Board and the Bureau find that notice and public comment are impracticable, unnecessary, or contrary to the public interest.7 The amendment in this notice is technical and applies the method previously set forth in the Board Final Threshold Rules.8 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. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) does not apply to a rulemaking where a 5 See comments 2(e)–9 in Supplements I of 12 CFR part 213 and 12 CFR part 1013. 6 76 FR 18354, 18355 n.1 (Apr. 4, 2011) (‘‘[A]n annual period of deflation or no inflation would not require a change in the threshold amount.’’). 7 See 5 U.S.C.
553(b)(B). 8 See supra note 6. E:\FR\FM\27NOR1.SGM 27NOR1 . Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations general notice of proposed rulemaking is not required.9 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. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995,10 the agencies reviewed this final rule.
No collections of information pursuant to the Paperwork Reduction Act are contained in the final rule. List of Subjects 12 CFR Part 213 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) 3. The authority citation for part 1013 continues to read as follows: â– Authority: 15 U.S.C. 1604 and 1667f; Pub. L.
111–203 section 1100E, 124 Stat. 1376. 4. In Supplement I to part 1013, under Section 1013.2—Definitions, under 2(e) Consumer Lease, paragraph 9.vii is added to read as follows: â– Supplement I to Part 1013—Official Interpretations Advertising, Consumer leasing, Consumer protection, Federal Reserve System, Reporting and recordkeeping requirements. * * * * * Section 1013.2—Definitions * 12 CFR Part 1013 * * * * 2(e) Consumer Lease.
* * * . 9. * * * vii. From January 1, 2016 through December 31, 2016, the threshold amount is $54,600. Advertising, Consumer leasing, Reporting and recordkeeping requirements. * Board of Governors of the Federal Reserve System Text of Final Revisions 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) * * * * By order of the Board of Governors of the Federal Reserve System, November 18, 2015. Robert deV.
Frierson, Secretary of the Board. Dated: September 22, 2015. Richard Cordray, Director, Bureau of Consumer Financial Protection. [FR Doc. 2015–30071 Filed 11–25–15; 8:45 am] BILLING CODE 4810–AM–P; 6210–01–P 1. The authority citation for part 213 continues to read as follows: â– Authority: 15 U.S.C.
1604 and 1667f; Pub. L. 111–203 section 1100E, 124 Stat. 1376. 2.
In Supplement I to Part 213, under Section 213.2—Definitions, under 2(e) Consumer Lease, paragraph 9.vii is added to read as follows: â– * * * 12 CFR Part 226 [Docket No. R–1520] RIN 7100 AE–36 Supplement I to Part 213—Official Staff Commentary to Regulation M * FEDERAL RESERVE SYSTEM BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1026 * Truth in Lending (Regulation Z) * mstockstill on DSK4VPTVN1PROD with RULES Section 213.2—Definitions AGENCIES: * * * * 2(e) Consumer Lease. 9. * * * vii.
From January 1, 2016 through December 31, 2016, the threshold amount is $54,600. * * * * * Board of Governors of the Federal Reserve System (Board); and Bureau of Consumer Financial Protection (Bureau). ACTION: Final rules, official interpretations and commentary. The Board and the Bureau are publishing final rules amending the official interpretations and commentary SUMMARY: 9 See 5 U.S.C. 603 and 604. 10 44 U.S.C. 3506; 5 CFR part 1320. VerDate Sep<11>2014 16:09 Nov 25, 2015 Jkt 238001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 73947 for the agencies’ regulations that implement the Truth in Lending Act (TILA).
The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) amended TILA by requiring that the dollar threshold for exempt consumer credit transactions be adjusted annually by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI–W). If there is no annual percentage increase in the CPI– W, the Board and Bureau will not adjust this exemption threshold from the prior year. Based on the annual percentage decrease in the CPI–W as of June 1, 2015, the exemption threshold will remain at $54,600 through December 31, 2016. Because the Dodd-Frank Act also requires similar adjustments in the Consumer Leasing Act’s threshold for exempt consumer leases, the Board and the Bureau are making similar amendments to each of their respective regulations implementing the Consumer Leasing Act elsewhere in this issue of the Federal Register. DATES: This final rule is effective January 1, 2016. FOR FURTHER INFORMATION CONTACT: Board: Vivian W.
Wong, Counsel, Division of Consumer and Community Affairs, Board of Governors of the Federal Reserve System, at (202) 452– 3667; for users of Telecommunications Device for the Deaf (TDD) only, contact (202) 263–4869. Bureau: James Wylie, Counsel, Office of Regulations, Bureau of Consumer Financial Protection, at (202) 435–7700. SUPPLEMENTARY INFORMATION: I. Background The Dodd-Frank Wall Street Reform and Consumer Protection Act (DoddFrank Act) increased the threshold in the Truth in Lending Act (TILA) for exempt consumer credit transactions 1 from $25,000 to $50,000, effective July 21, 2011.2 In addition, the Dodd-Frank Act requires that this threshold be adjusted annually for inflation by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI–W), as published by the Bureau of Labor Statistics. In April 2011, the Board issued a final rule amending Regulation Z (which implements TILA) consistent 1 Although consumer credit transactions above the threshold are generally exempt, loans secured by real property or by personal property used or expected to be used as the principal dwelling of a consumer and private education loans are covered by TILA regardless of the loan amount.
See 12 CFR 226.3(b)(1)(i) and 12 CFR 1026.3(b)(1)(i). 2 Public Law 111–203 section 1100E, 124 Stat. 1376 (2010). E:\FR\FM\27NOR1.SGM 27NOR1 . .
