The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.
70194 Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Rules and Regulations 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. See comments 2(e)–9 in Supplements I of 12 CFR part 213 and 12 CFR part 1013. II. Adjustment and Commentary Revision Effective January 1, 2014, the adjusted exemption threshold amount is $53,500. This adjustment is based on the CPI–W index in effect on June 1, 2013, which was reported on May 16, 2013. 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 0.9 percent increase in the CPI–W from April 2012 to April 2013 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 2(e)–9.v stating that, from January 1, 2014 through December 31, 2014, the threshold amount is $53,500. These revisions are effective January 1, 2014. III. Administrative Law Matters emcdonald on DSK67QTVN1PROD with RULES Administrative Procedure Act 15:59 Nov 22, 2013 Jkt 232001 The Regulatory Flexibility Act (RFA) does not apply to a rulemaking where a general notice of proposed rulemaking is not required. 5 U.S.C. 603 and 604. 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 (44 U.S.C. 3506; 5 CFR part 1320), the agencies reviewed this final rule. No collections of information pursuant to the Paperwork Reduction Act are contained in the final rule. 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) 1. The authority citation for part 1013 continues to read as follows: ■ Authority: 15 U.S.C. 1604 and 1667f; Pub. L. No. 111–203 § 1100E, 124 Stat. 1376. 2. In Supplement I to part 1013, under Section 1013.2—Definitions, under 2(e) Consumer Lease, paragraph 9.v is added to read as follows: ■ Supplement I to Part 1013—Official Interpretations List of Subjects * 12 CFR Part 213 Section 1013.2—Definitions Advertising, Consumer leasing, Consumer protection, Federal Reserve System, Reporting and recordkeeping requirements. 12 CFR Part 1013 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) 1. The authority citation for part 213 continues to read as follows: Authority: 15 U.S.C. 1604 and 1667f; Pub. L. 111–203 § 1100E, 124 Stat. 1376. 2. In Supplement I to Part 213, under Section 213.2—Definitions, under 2(e) Consumer Lease, paragraph 9.v is added to read as follows: ■ Supplement I to Part 213—Official Staff Interpretations * * * * * Section 213.2—Definitions * * * * * 2(e) Consumer Lease. 9. Threshold amount. * * * * * * * * PO 00000 * * Frm 00004 * Fmt 4700 * * * Sfmt 4700 * * * * * * 2(e) Consumer Lease. 9. Threshold amount. * * * * * * * * v. From January 1, 2014 through December 31, 2014, the threshold amount is $53,500. * * * * By order of the Board of Governors of the Federal Reserve System, November 19, 2013. Robert deV. Frierson, Secretary of the Board. Dated: November 17, 2013. Richard Cordray, Director, Bureau of Consumer Financial Protection. [FR Doc. 2013–28194 Filed 11–22–13; 8:45 am] BILLING CODE 6210–01–P; 4810–AM–P FEDERAL RESERVE SYSTEM 12 CFR Part 226 [Docket No. R–1470] BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1026 [Docket No. CFPB–2013–0035] Truth in Lending (Regulation Z) Board of Governors of the Federal Reserve System (Board); and Bureau of Consumer Financial Protection (Bureau). ACTION: Final rules, official interpretations and commentary. AGENCY: The Board and the Bureau are publishing final rules amending the official interpretations and commentary for the agencies’ regulations that SUMMARY: v. From January 1, 2014 through December 31, 2014, the threshold amount is $53,500. * * * Advertising, Consumer leasing, Reporting and recordkeeping requirements. ■ 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. 5 U.S.C. 553(b)(B). 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. VerDate Mar<15>2010 Regulatory Flexibility Act E:\FR\FM\25NOR1.SGM 25NOR1 Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Rules and Regulations 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, 2013, the Board and the Bureau are adjusting the exemption threshold to $53,500, effective January 1, 2014. 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 the Federal Register. DATES: This final rule is effective January 1, 2014. 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: David Friend, Counsel, Office of Regulations, Bureau of Consumer Financial Protection, at (202) 435–7700. SUPPLEMENTARY INFORMATION: emcdonald on DSK67QTVN1PROD with RULES 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 Title X of the Dodd-Frank Act transferred rulemaking authority for a 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 § 1100E, 124 Stat. 1376 (2010). 3 76 FR 18354 (Apr. 4, 2011). VerDate Mar<15>2010 15:59 Nov 22, 2013 Jkt 232001 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 Section 226.3(b)(1)(ii) of the Board’s Regulation Z and § 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. See comments 3(b)–1 in Supplements I of 12 CFR part 226 and 12 CFR part 1026. 4 76 FR 79768 (Dec. 22, 2011). 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). 5 Section PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 70195 II. Adjustment and Commentary Revision Effective January 1, 2014, the adjusted exemption threshold amount is $53,500. This adjustment is based on the CPI–W index in effect on June 1, 2013, which was reported on May 16, 2013. 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 0.9 percent increase in the CPI–W from April 2012 to April 2013 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.v to state that, from January 1, 2014 through December 31, 2014, the threshold amount is $53,500. These revisions are effective January 1, 2014. 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. 5 U.S.C. 553(b)(B). 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. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) does not apply to a rulemaking where a general notice of proposed rulemaking is not required. 5 U.S.C. 603 and 604. 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 (44 U.S.C. 3506; 5 CFR part 1320), the agencies reviewed E:\FR\FM\25NOR1.SGM 25NOR1 70196 Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Rules and Regulations 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 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. 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. 2. In Supplement I to part 1026, under Section 1026.3—Exempt Transactions, under 3(b) Credit Over Applicable Threshold Amount, new paragraph 1.v is added to read as follows: ■ Supplement I to Part 1026—Official Interpretations * * * * * Subpart A—General Board of Governors of the Federal Reserve System * Text of Final Revisions * * * * * Section 1026.3—Exempt Transactions For the reasons set forth in the preamble, the Board amends Regulation Z, 12 CFR part 226, as set forth below: * * * * 3(b) Credit Over Applicable Threshold Amount 1. Threshold amount. * * * * * * * * PART 226—TRUTH IN LENDING (REGULATION Z) v. From January 1, 2014 through December 31, 2014, the threshold amount is $53,500. 1. The authority citation for part 226 continues to read as follows: By order of the Board of Governors of the Federal Reserve System, November 19, 2013. Robert deV. Frierson, Secretary of the Board. Dated: November 17, 2013. Richard Cordray, Director, Bureau of Consumer Financial Protection. * ■ Authority: 12 U.S.C. 3806; 15 U.S.C. 1604, 1637(c)(5), and 1639(l); Pub. L. 111–24 § 2, 123 Stat. 1734; Pub. L. No. 111–203, 124 Stat. 1376. Subpart A—General * * * * 2. In Supplement I to part 226, under Section 226.3—Exempt Transactions, under 3(b) Credit over applicable threshold amount, paragraph 1.v is added to read as follows: [FR Doc. 2013–28195 Filed 11–22–13; 8:45 am] Supplement I to Part 226—Official Staff Interpretations Federal Aviation Administration * * 14 CFR Part 39 * [Docket No. FAA–2013–0693; Directorate Identifier 2013–NM–059–AD; Amendment 39–17661; AD 2013–23–06] ■ * * * Subpart A—General * * * * Section 226.3—Exempt Transactions * * * * BILLING CODE 4810–AM–P DEPARTMENT OF TRANSPORTATION 3(b) Credit over applicable threshold amount. 1. Threshold amount. * * * Airworthiness Directives; The Boeing Company Airplanes * AGENCY: * * * * * * * * * Authority and Issuance For the reasons set forth in the preamble, the Bureau amends Regulation Z, 12 CFR part 1026, as set forth below: VerDate Mar<15>2010 15:59 Nov 22, 2013 Federal Aviation Administration (FAA), DOT. ACTION: Final rule. We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 757–200 and –200PF series airplanes. This AD was prompted by reports indicating that a standard access door was located where an impact-resistant access door was required, and stencils were missing from some impact-resistant access SUMMARY: Bureau of Consumer Financial Protection Jkt 232001 doors. This AD requires an inspection of the left- and right-hand wing fuel tank access doors to determine that impactresistant access doors are installed in the correct locations, and to replace any door with an impact-resistant access door if necessary. This AD also requires an inspection for stencils and index markers on impact-resistant access doors, and application of new stencils or index markers if necessary. This AD also requires revising the maintenance program to incorporate changes to the airworthiness limitations section. We are issuing this AD to prevent foreign object penetration of the fuel tank, which could cause a fuel leak near an ignition source (e.g., hot brakes or engine exhaust nozzle), consequently leading to a fuel-fed fire. DATES: This AD is effective December 30, 2013. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of December 30, 2013. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206–544–5000, extension 1; fax 206–766–5680; Internet https:// www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Examining the AD Docket RIN 2120–AA64 * v. From January 1, 2014 through December 31, 2014, the threshold amount is $53,500. emcdonald on DSK67QTVN1PROD with RULES PART 1026—TRUTH IN LENDING (REGULATION Z) PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 You may examine the AD docket on the Internet at http:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800–647–5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Suzanne Lucier, Aerospace Engineer, Propulsion Branch, ANM–140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6438; fax: 425–917–6590; email: suzanne.lucier@ faa.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\25NOR1.SGM 25NOR1