18348 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 

and goat farming operations, and cattle 

feedlots. 

The Small Business Administration 

has established guidelines for 

determining which businesses are to be 

considered small. Based on the most 

recent data we have regarding annual 

receipts, it is likely that most of the 

entities that will be affected by this rule 

are small. 

However, this rulemaking only 

amends APHIS’ administrative process 

for changing the list of designated 

embarkation ports and associated export 

inspection facilities. This action does 

not make any changes in the status of 

any designated embarkation port or 

associated export inspection facility, nor 

does it alter the technical criteria by 

which designated embarkation ports 

and associated export inspection 

facilities are added to or removed from 

this list. We expect that this final rule 

will have little effect on U.S. entities 

other than benefits they may derive 

from timelier changes to the list of 

designated ports of embarkation and 

associated export inspection facilities. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule: (1) Preempts 

all State and local laws and regulations 

that are inconsistent with this rule; (2) 

has no retroactive effect; and (3) does 

not require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This final rule contains no 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 9 CFR Part 91 

Animal diseases, Animal welfare, 

Exports, Livestock, Reporting and 

recordkeeping requirements, 

Transportation. 

Accordingly, we are amending 9 CFR 

part 91 as follows: 

PART 91—INSPECTION AND 

HANDLING OF LIVESTOCK FOR 

EXPORTATION 

■ 1. The authority citation for part 91 

continues to read as follows: 

Authority: 7 U.S.C. 8301–8317; 19 U.S.C. 

1644a(c); 21 U.S.C. 136, 136a, and 618; 46 

U.S.C. 3901 and 3902; 7 CFR 2.22, 2.80, and 

371.4. 

■ 2. Section 91.14 is amended by 

revising paragraphs (a), (b), and (d) to 

read as follows: 

§ 91.14 Ports of embarkation and export 

inspection facilities. 

(a) All ports that have export 

inspection facilities which the 

Administrator has determined satisfy 

the requirements of paragraph (c) of this 

section are hereby designated as ports of 

embarkation. A list of designated ports 

of embarkation can be viewed on the 

Internet at http://www.aphis.usda.gov/

regulations/vs/iregs/animals/ or 

obtained from a Veterinary Services area 

office. Information on area offices is 

available at http://www.aphis.usda.gov/ 

animal_health/area_offices/. All 

animals, except animals being exported 

by land to Mexico or Canada, shall be 

exported through said ports or through 

ports designated in special cases under 

paragraph (b) of this section. 

(b) In special cases, other ports may 

be designated as ports of embarkation by 

the Administrator, with the concurrence 

of the Commissioner of the Bureau of 

Customs and Border Protection, when 

the exporter can show to the satisfaction 

of the Administrator that the animals to 

be exported would suffer undue 

hardship if they are required to be 

moved to a port listed as a designated 

port of embarkation in accordance with 

paragraph (a) of this section. Ports shall 

be designated in special cases as ports 

of embarkation only if the inspection 

facilities are approved as meeting the 

requirements of paragraph (c) of this 

section. 

* * * * * 

(d) Approval and denial or revocation 

of approval. Approval of each export 

inspection facility for designation under 

paragraph (a) of this section, and in 

special cases under paragraph (b) of this 

section, shall be obtained from the 

Administrator. Approval of an export 

inspection facility under paragraph (a) 

or (b) of this section will be denied or 

revoked for failure to meet the standards 

in paragraph (c) of this section. 

Designated ports of embarkation and 

export facilities shall be reevaluated 

annually, by means of an APHIS site 

inspection, for continued compliance 

with the standards contained in 

paragraph (c) of this section. If the port 

or facility fails to pass the annual 

inspection, its designation will be 

revoked, and it will be removed from 

the list of designated ports and facilities. 

A written notice of any proposed denial 

or revocation shall be given to the 

operator of the facility, and he or she 

will be given an opportunity to present 

his or her views thereon. Such notice 

shall list in detail the deficiencies 

concerned. After remedying the 

deficiencies, an operator may request 

another inspection. Approval of a port 

of embarkation in connection with the 

designation of an export inspection 

facility in special cases shall be limited 

to the special case for which the 

designation was made. 

* * * * * 

■ 3. In § 91.15, paragraph (a) is revised 

to read as follows: 

§ 91.15 Inspection of animals for export. 

(a) All animals offered for exportation 

to any foreign country, except by land 

to Mexico or Canada, shall be inspected 

within 24 hours of embarkation by an 

APHIS veterinarian at an export 

inspection facility at a port listed as a 

designated port of embarkation in 

accordance with § 91.14(a), or at a port 

or inspection facility designated by the 

Administrator in a special case under 

§ 91.14(b). 

* * * * * 

Done in Washington, DC, this 29th day of 

March 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–7897 Filed 4–1–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Grain Inspection, Packers and 

Stockyards Administration 

9 CFR Part 201 

RIN 0580–AB10 

Required Scale Tests 

AGENCY: Grain Inspection, Packers and 

Stockyards Administration. 

ACTION: Correcting amendments. 

SUMMARY: The Grain Inspection, Packers 

and Stockyards Administration 

published a document in the Federal 

Register on January 20, 2011 (76 FR 

3485), defining required scale tests. That 

document incorrectly defined limited 

seasonal basis in § 201.72(a) (9 CFR 

201.72(a)). This document corrects the 

final regulation by revising this section. 


sroberts on DSK69SOYB1PROD with RULES
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 18349 

1Specifically, the CLA currently defines a 

consumer lease as ‘‘a contract in the form of a lease 

or bailment for the use of personal property by a 

natural person for a period of time exceeding four 

months, and for a total contractual obligation not 

exceeding $25,000, primarily for personal, family, 

or household purposes, whether or not the lessee 

has the option to purchase or otherwise become the 

owner of the property at expiration of the lease. 

***’’ 15 U.S.C. 1667(1) (emphasis added). 

Regulation M implements this definition in 

§ 213.2(e). 

DATES: Effective on April 4, 2011. 

FOR FURTHER INFORMATION CONTACT: 

S. Brett Offutt, Director, Policy and 

Litigation Division, P&SP, GIPSA, 1400 

Independence Ave., SW., Washington, 

DC 20250, (202) 720–7363, 

s.brett.offutt@usda.gov. 

SUPPLEMENTARY INFORMATION: 

List of Subjects in 9 CFR Part 201 

Reporting and recordkeeping 

requirements, Measurement standards, 

Trade practices. 

Accordingly, 9 CFR part 201 is 

corrected by making the following 

correcting amendment: 

PART 201—REGULATIONS UNDER 

THE PACKERS AND STOCKYARDS 

ACT 

■ 1. The authority citation for part 201 

continues to read as follows: 

Authority: 7 U.S.C. 181–229c. 

■ 2. In § 201.72, revise the last sentence 

of paragraph (a) to read as follows: 

§ 201.72 Scales; testing of. 

(a) * * * Except that if scales are 

used on a limited seasonal basis (during 

any continuous 6-month period) for 

purposes of purchase, sale, acquisition, 

payment or settlement, the stockyard 

owner, swine contractor, market agency, 

dealer, live poultry dealer, or packer 

using such scales may use the scales 

within a 6-month period following each 

test. 

* * * * * 

Alan R. Christian, 

Acting Administrator, Grain Inspection, 

Packers and Stockyards Administration. 

[FR Doc. 2011–7831 Filed 4–1–11; 8:45 am] 

BILLING CODE 3410–KD–P 

FEDERAL RESERVE SYSTEM 

12 CFR Part 213 

[Regulation M; Docket No. R–1400] 

RIN No. 7100–AD60 

Consumer Leasing 

AGENCY: Board of Governors of the 

Federal Reserve System. 

ACTION: Final rule. 

SUMMARY: Effective July 21, 2011, the 

Dodd-Frank Wall Street Reform and 

Consumer Protection Act (Dodd-Frank 

Act) amends the Consumer Leasing Act 

(CLA) by increasing the threshold for 

exempt consumer leases from $25,000 to 

$50,000. In addition, the Dodd-Frank 

Act provides that, on or after December 

31, 2011, this threshold must be 

adjusted annually by any annual 

percentage increase in the Consumer 

Price Index for Urban Wage Earners and 

Clerical Workers. Accordingly, the 

Board is making corresponding 

amendments to Regulation M, which 

implements the CLA, and to the 

accompanying staff commentary. 

Because the Dodd-Frank Act also 

increases the Truth in Lending Act’s 

threshold for exempt consumer credit 

transactions from $25,000 to $50,000, 

the Board is making similar 

amendments to Regulation Z elsewhere 

in today’s Federal Register. 

DATES: Consistent with Sections 1062 

and 1100H of the Dodd-Frank Act, this 

final rule is effective on the transfer date 

designated by the Secretary of the 

Treasury, which is July 21, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Shin, Attorney, or Benjamin K. 

Olson, Counsel, 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 

The Consumer Leasing Act 

The Consumer Leasing Act (CLA), 15 

U.S.C. 1667–1667e, was enacted in 1976 

as an amendment to the Truth in 

Lending Act (TILA), 15 U.S.C. 1601 et 

seq. The purpose of the CLA is to ensure 

meaningful and accurate disclosure of 

the terms of personal property leases for 

personal, family, or household use. The 

CLA is implemented by the Board’s 

Regulation M (12 CFR part 213). 

The CLA and Regulation M require 

lessors to provide consumers with 

uniform cost and other disclosures 

about consumer lease transactions. The 

statute and the regulation generally 

apply to consumer leases for the use of 

personal property in which the 

contractual obligation has a term of 

more than four months. An automobile 

lease is the most common type of 

consumer lease covered by the CLA and 

Regulation M. Currently, however, if the 

lessee’s total contractual obligation 

under the lease exceeds $25,000, the 

CLA and Regulation M do not apply. 

See 15 U.S.C. 1667(1); 12 CFR 213.2(e).1

The Dodd-Frank Wall Street Reform and 

Consumer Protection Act 

This final rule implements Section 

1100E of the Dodd-Frank Wall Street 

Reform and Consumer Protection Act of 

2010 (Dodd-Frank Act), which was 

signed into law on July 21, 2010. Public 

Law 111–203 § 1100E, 124 Stat. 1376 

(2010). The Dodd-Frank Act raises the 

CLA’s $25,000 exemption threshold to 

$50,000. In addition, the Dodd-Frank 

Act requires that, on or after December 

31, 2011, the threshold shall 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. 

Therefore, from July 21, 2011 to 

December 31, 2011, the threshold dollar 

amount will be $50,000. Effective 

January 1, 2012, the $50,000 threshold 

will be adjusted annually based on any 

annual percentage increase in the 

CPI–W. 

In December 2010, the Board 

proposed to amend § 213.2(e), the 

accompanying commentary, and the 

commentary to § 213.7(a) for 

consistency with the amendments to the 

CLA’s exemption threshold. See 75 FR 

78632 (Dec. 16, 2010) (December 2010 

Proposed Regulation M Rule). In 

addition, because the Dodd-Frank Act 

makes similar amendments to TILA’s 

exemption threshold for consumer 

credit transactions, the Board 

simultaneously proposed to amend 

Regulation Z, which implements the 

provisions of TILA that do not address 

consumer leases. See 75 FR 78636 (Dec. 

16, 2010) (December 2010 Regulation Z 

Proposed Rule). 

The Board received only two 

comments on the December 2010 

Regulation M Proposed Rule. As 

discussed below, the Board is generally 

adopting the rule as proposed. 

Elsewhere in today’s Federal Register, 

the Board is also adopting a final rule 

amending Regulation Z in order to 

implement the amendments to TILA’s 

exemption threshold for consumer 

credit transactions. 

II. Summary of Final Rule 

Revisions to § 213.2 

Consistent with the Dodd-Frank Act, 

the Board’s final rule revises § 213.2 and 

the accompanying staff commentary to 

provide that, effective July 21, 2011, a 

consumer lease is exempt from the 

requirements of Regulation M if the 

consumer’s total contractual obligation 


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