[Federal Register Volume 76, Number 118 (Monday, June 20, 2011)]
[Rules and Regulations]
[Pages 35721-35722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15180]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules
and Regulations
[[Page 35721]]
FEDERAL RESERVE SYSTEM
12 CFR Part 213
[Regulation M; Docket No. R-1423]
Consumer Leasing
AGENCY: Board of Governors of the Federal Reserve System.
ACTION: Final rule, staff commentary.
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SUMMARY: The Board is publishing a final rule amending the staff
commentary that interprets the requirements of Regulation M, which
implements the Consumer Leasing Act (CLA). Effective July 21, 2011, the
Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank
Act) amends the CLA by increasing the threshold for exempt consumer
leases from $25,000 to $50,000. In addition, the Dodd-Frank Act
requires that this threshold be adjusted annually by any annual
percentage increase in the Consumer Price Index for Urban Wage Earners
and Clerical Workers (CPI-W). Accordingly, based on the annual
percentage increase in the CPI-W as of June 1, 2011, the Board is
adjusting the exemption threshold from $50,000 to $51,800, effective
January 1, 2012.
Because the Dodd-Frank Act also requires similar adjustments in the
Truth in Lending Act's threshold for exempt consumer credit
transactions, the Board is making similar amendments to Regulation Z
elsewhere in today's Federal Register.
DATES: This final rule is effective January 1, 2012.
FOR FURTHER INFORMATION CONTACT: Lorna M. Neill, Senior Attorney,
Division of Consumer and Community Affairs, Board of Governors of the
Federal Reserve System, at (202) 452-3667 or 452-2412; for users of
Telecommunications Device for the Deaf (TDD) only, contact (202) 263-
4869.
SUPPLEMENTARY INFORMATION:
I. Background
Effective July 21, 2011, the Dodd-Frank Wall Street Reform and
Consumer Protection Act of 2010 (Dodd-Frank Act) increases the
threshold in the Consumer Leasing Act (CLA) for exempt consumer leases
from $25,000 to $50,000. Public Law 111-203 Sec. 1100E, 124 Stat. 1376
(2010). 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 these provisions of the Dodd-Frank Act. 76 FR
18349 (Apr. 4, 2011).
As amended, Sec. 213.2(e)(1) of Regulation M provides 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. Furthermore, 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 comment 2(e)-9.
II. Adjustment and Commentary Revision
Effective January 1, 2012, the adjusted exemption threshold amount
is $51,800. This adjustment is based on the CPI-W index in effect on
June 1, 2011, which was reported on May 13, 2011. 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 32 percent of the U.S.
population. The adjustment reflects a 3.6 percent increase in the CPI-W
from April 2010 to April 2011 and is rounded to the nearest $100
increment. Accordingly, the Board is revising comment 2(e)-9 (as
amended effective July 21, 2011) to add a new subparagraph 2(e)-9.iii
stating that, from January 1, 2012 through December 31, 2012, the
threshold amount is $51,800. This revision is effective January 1,
2012.
Under the Administrative Procedures Act, notice and opportunity for
public comment are not required if the Board finds that notice and
public comment are unnecessary. 5 U.S.C. 553(b)(B). This annual
adjustment is required by statute. The amendment in this notice is
technical and applies the method previously established in Regulation M
for determining any adjustments to the exemption threshold. For these
reasons, the Board has determined that publishing a notice of proposed
rulemaking and providing opportunity for public comment are
unnecessary. Therefore, the amendment is adopted in final form.
III. Regulatory Flexibility Analysis
The Board certifies that this amendment to Regulation M will not
have a significant economic impact on a substantial number of small
entities. The only change is to adjust the exemption threshold to
reflect any annual percentage increase in the CPI-W. This change is
required by statute. In addition, the Board believes that this
amendment will not have a significant impact on a substantial number of
small entities for the reasons stated in its April 2011 final rule. See
76 FR 18349, 18351-52.
List of Subjects in 12 CFR Part 213
Advertising, Consumer leasing, Consumer protection, Federal Reserve
System, Reporting and recordkeeping requirements.
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)
0
1. The authority citation for part 213 continues to read as follows:
Authority: 15 U.S.C. 1604 and 1667f; Pub. L. 111-203 Sec.
1100E, 124 Stat. 1376.
0
2. In Supplement I to Part 213 as amended effective July 21, 2012 in 76
FR18349 (Apr. 4, 2011), under Section 213.2--Definitions, under 2(e)
Consumer Lease, paragraph 9.iii is added effective January 1, 2012.
[[Page 35722]]
The addition reads as follows:
Supplement I to Part 213--Official Staff Interpretations
* * * * *
Subpart A--General
* * * * *
Sec. 213.2--Definitions
* * * * *
2(e) Consumer Lease.
9. Threshold amount. * * *
* * * * *
iii. From January 1, 2012 through December 31, 2012, the
threshold amount is $51,800.
* * * * *
By order of the Board of Governors of the Federal Reserve
System, June 13, 2011.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2011-15180 Filed 6-17-11; 8:45 am]
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