[Federal Register Volume 79, Number 183 (Monday, September 22, 2014)]
[Rules and Regulations]
[Pages 56483-56485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21849]
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FEDERAL RESERVE SYSTEM
12 CFR Part 226
[Docket No. R-1494]
RIN 7100 ZA-08
BUREAU OF CONSUMER FINANCIAL PROTECTION
12 CFR Part 1026
Truth in Lending (Regulation Z)
AGENCY: Board of Governors of the Federal Reserve System (Board); and
Bureau of Consumer Financial Protection (Bureau).
ACTION: Final rule; 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 any annual percentage
increase in the Consumer Price Index for Urban Wage Earners and
Clerical Workers (CPI-W). Based on the annual percentage increase in
the CPI-W as of June 1, 2014, the Board and the Bureau are adjusting
the exemption threshold to $54,600, effective January 1, 2015.
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 in a joint
rulemaking published elsewhere in this issue of the Federal Register.
DATES: This final rule is effective January 1, 2015.
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-
[[Page 56484]]
3667; for users of Telecommunications Device for the Deaf (TDD) only,
contact (202) 263-4869.
Bureau: David Friend, 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\ 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 with these provisions
of the Dodd-Frank Act.\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) and 12 CFR
1026.3(b)(1)(i).
\2\ Public Law 111-203 section 1100E, 124 Stat. 1376 (2010).
\3\ 76 FR 18354 (Apr. 4, 2011).
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Title X of the Dodd-Frank Act transferred rulemaking authority for
a number of consumer financial protection laws from the Board to the
Bureau, effective July 21, 2011. In connection with this transfer of
rulemaking authority, the Bureau issued its own Regulation Z
implementing TILA in an interim final rule, 12 CFR part 1026 (Bureau
Interim Final Rule).\4\ The Bureau Interim Final Rule substantially
duplicated the Board's Regulation Z, 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 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\ 76 FR 79768 (Dec. 22, 2011).
\5\ See also 12 U.S.C. 5519(b).
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Section 226.3(b)(1)(ii) of the Board's Regulation Z and Sec.
1026.3(b)(1)(ii) of the Bureau's Regulation Z, 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 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.\6\
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\6\ See comments 3(b)-1 in Supplements I of 12 CFR part 226 and
12 CFR part 1026.
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II. Adjustment and Commentary Revision
Effective January 1, 2015, the adjusted exemption threshold amount
is $54,600. This adjustment is based on the CPI-W index in effect on
June 1, 2014, which was reported on May 15, 2014. 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 month. The CPI-W is a subset of the CPI-U index (based on all
urban consumers) and represents approximately 28 percent of the U.S.
population. The adjustment reflects a 2 percent increase in the CPI-W
from April 2013 to April 2014 and is rounded to the nearest $100
increment. Accordingly, the Board and the Bureau are revising the
commentaries to their respective regulations to add new comment 3(b)-
1.vi to state that, from January 1, 2015 through December 31, 2015, the
threshold amount is $54,600. These revisions are effective January 1,
2015.
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\ This annual adjustment is required by
statute. The amendment in this notice is technical and non-
discretionary, and it applies the method previously established in the
agencies' regulations for determining adjustments to the exemption
threshold. 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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\7\ 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.\8\ 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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\8\ 5 U.S.C. 603 and 604.
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Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995,\9\ 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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\9\ 44 U.S.C. 3506; 5 CFR 1320.
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List of Subjects
12 CFR Part 226
Advertising, Consumer protection, Federal Reserve System, Reporting
and recordkeeping requirements, Truth in lending.
12 CFR Part 1026
Advertising, 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
Text of Final Revisions
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), and
1639(l); Pub. L. 111-24 section 2, 123 Stat. 1734; Pub. L. 111-203,
124 Stat. 1376.
Subpart A--General
0
2. In Supplement I to part 226, under Section 226.3--Exempt
Transactions, under 3(b) Credit over applicable threshold amount,
paragraph 1.vi is added to read as follows:
Supplement I to Part 226--Official Staff Interpretations
* * * * *
Subpart A--General
* * * * *
[[Page 56485]]
Section 226.3--Exempt Transactions
* * * * *
3(b) Credit over applicable threshold amount.
1. Threshold amount. * * *
vi. From January 1, 2015 through December 31, 2015, the
threshold amount is $54,600.
* * * * *
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
1. The authority citation for part 1026 continues to read as follows:
Authority: 12 U.S.C. 2601, 2603-2605, 2607, 2609, 2617, 5511,
5512, 5532, 5581; 15 U.S.C. 1601 et seq.
0
2. In Supplement I to part 1026, under Section 1026.3--Exempt
Transactions, under 3(b) Credit Over Applicable Threshold Amount,
paragraph 1.vi is added to read as follows:
Supplement I to Part 1026--Official Interpretations
* * * * *
Subpart A--General
* * * * *
Section 1026.3--Exempt Transactions
* * * * *
3(b) Credit Over Applicable Threshold Amount
1. Threshold amount. * * *
vi. From January 1, 2015 through December 31, 2015, the
threshold amount is $54,600.
* * * * *
By order of the Board of Governors of the Federal Reserve
System, September 8, 2014.
Robert deV. Frierson.
Secretary of the Board.
Dated: September 3, 2014.
Richard Cordray,
Director, Bureau of Consumer Financial Protection.
[FR Doc. 2014-21849 Filed 9-19-14; 8:45 am]
BILLING CODE 6210-01-P; 4810-AM-P