104402 Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations 

transactions during calendar year 2018 had 

total assets of less than $2,167,000,000 on 

December 31, 2018, satisfied this criterion for 

purposes of any loan consummated in 2019 

and for purposes of any loan consummated 

in 2020 for which the application was 

received before April 1, 2020. 

8. For calendar year 2020, the asset 

threshold was $2,202,000,000. A creditor that 

together with the assets of its affiliates that 

regularly extended first-lien covered 

transactions during calendar year 2019 had 

total assets of less than $2,202,000,000 on 

December 31, 2019, satisfied this criterion for 

purposes of any loan consummated in 2020 

and for purposes of any loan consummated 

in 2021 for which the application was 

received before April 1, 2021. 

9. For calendar year 2021, the asset 

threshold was $2,230,000,000. A creditor that 

together with the assets of its affiliates that 

regularly extended first-lien covered 

transactions during calendar year 2020 had 

total assets of less than $2,230,000,000 on 

December 31, 2020, satisfied this criterion for 

purposes of any loan consummated in 2021 

and for purposes of any loan consummated 

in 2022 for which the application was 

received before April 1, 2022. 

10. For calendar year 2022, the asset 

threshold was $2,336,000,000. A creditor that 

together with the assets of its affiliates that 

regularly extended first-lien covered 

transactions during calendar year 2021 had 

total assets of less than $2,336,000,000 on 

December 31, 2021, satisfied this criterion for 

purposes of any loan consummated in 2022 

and for purposes of any loan consummated 

in 2023 for which the application was 

received before April 1, 2023. 

11. For calendar year 2023, the asset 

threshold was $2,537,000,000. A creditor that 

together with the assets of its affiliates that 

regularly extended first-lien covered 

transactions during calendar year 2022 had 

total assets of less than $2,537,000,000 on 

December 31, 2022, satisfied this criterion for 

purposes of any loan consummated in 2023 

and for purposes of any loan consummated 

in 2024 for which the application was 

received before April 1, 2024. 

12. For calendar year 2024, the asset 

threshold was $2,640,000,000. A creditor that 

together with the assets of its affiliates that 

regularly extended first-lien covered 

transactions during calendar year 2023 had 

total assets of less than $2,640,000,000 on 

December 31, 2023, satisfied this criterion for 

purposes of any loan consummated in 2024 

and for purposes of any loan consummated 

in 2025 for which the application was 

received before April 1, 2025. 

iv. The creditor and its affiliates do not 

maintain an escrow account for any mortgage 

transaction being serviced by the creditor or 

its affiliate at the time the transaction is 

consummated, except as provided in 

§ 1026.35(b)(2)(iii)(D)(1) and (2). Thus, the 

exemption applies, provided the other 

conditions of § 1026.35(b)(2)(iii) (or, if 

applicable, the conditions for the exemption 

in § 1026.35(b)(2)(vi)) are satisfied, even if 

the creditor previously maintained escrow 

accounts for mortgage loans, provided it no 

longer maintains any such accounts except as 

provided in § 1026.35(b)(2)(iii)(D)(1) and (2). 

Once a creditor or its affiliate begins 

escrowing for loans currently serviced other 

than those addressed in 

§ 1026.35(b)(2)(iii)(D)(1) and (2), however, 

the creditor and its affiliate become ineligible 

for the exemption in § 1026.35(b)(2)(iii) and 

(vi) on higher-priced mortgage loans they 

make while such escrowing continues. Thus, 

as long as a creditor (or its affiliate) services 

and maintains escrow accounts for any 

mortgage loans, other than as provided in 

§ 1026.35(b)(2)(iii)(D)(1) and (2), the creditor 

will not be eligible for the exemption for any 

higher-priced mortgage loan it may make. For 

purposes of § 1026.35(b)(2)(iii) and (vi), a 

creditor or its affiliate ‘‘maintains’’ an escrow 

account only if it services a mortgage loan for 

which an escrow account has been 

established at least through the due date of 

the second periodic payment under the terms 

of the legal obligation. 

* * * * * 

Paragraph 35(b)(2)(vi)(A). 

1. The asset threshold in 

§ 1026.35(b)(2)(vi)(A) will adjust 

automatically each year, based on the yearto-year change in the average of the 

Consumer Price Index for Urban Wage 

Earners and Clerical Workers, not seasonally 

adjusted, for each 12-month period ending in 

November, with rounding to the nearest 

million dollars. Unlike the asset threshold in 

§ 1026.35(b)(2)(iii) and the other thresholds 

in § 1026.35(b)(2)(vi), affiliates are not 

considered in calculating compliance with 

this threshold. The CFPB will publish notice 

of the asset threshold each year by amending 

this comment. For calendar year 2025, the 

asset threshold is $12,179,000,000. A creditor 

that is an insured depository institution or 

insured credit union that during calendar 

year 2024 had assets of $12,179,000,000 or 

less on December 31, 2024, satisfies this 

criterion for purposes of any loan 

consummated in 2025 and for purposes of 

any loan secured by a first lien on a principal 

dwelling of a consumer consummated in 

2026 for which the application was received 

before April 1, 2026. For historical purposes: 

1. For calendar year 2021, the asset 

threshold was $10,000,000,000. Creditors 

that had total assets of 10,000,000,000 or less 

on December 31, 2020, satisfied this criterion 

for purposes of any loan consummated in 

2021 and for purposes of any loan secured by 

a first lien on a principal dwelling of a 

consumer consummated in 2022 for which 

the application was received before April 1, 

2022. 

2. For calendar year 2022, the asset 

threshold was $10,473,000,000. Creditors 

that had total assets of $10,473,000,000 or 

less on December 31, 2021, satisfied this 

criterion for purposes of any loan 

consummated in 2022 and for purposes of 

any loan secured by a first lien on a principal 

dwelling of a consumer consummated in 

2023 for which the application was received 

before April 1, 2023. 

3. For calendar year 2023, the asset 

threshold was $11,374,000,000. A creditor 

that is an insured depository institution or 

insured credit union that during calendar 

year 2022 had assets of $11,374,000,000 or 

less on December 31, 2022, satisfied this 

criterion for purposes of any loan 

consummated in 2023 and for purposes of 

any loan secured by a first lien on a principal 

dwelling of a consumer consummated in 

2024 for which the application was received 

before April 1, 2024. 

4. For calendar year 2024, the asset 

threshold is $11,835,000,000. A creditor that 

is an insured depository institution or 

insured credit union that during calendar 

year 2023 had assets of $11,835,000,000 or 

less on December 31, 2023, satisfied this 

criterion for purposes of any loan 

consummated in 2024 and for purposes of 

any loan secured by a first lien on a principal 

dwelling of a consumer consummated in 

2025 for which the application was received 

before April 1, 2025. 

* * * * * 

Brian Shearer, 

Assistant Director, Office of Policy Planning 

and Strategy, Consumer Financial Protection 

Bureau. 

[FR Doc. 2024–30653 Filed 12–20–24; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2024–2104; Airspace 

Docket No. 23–ANM–38] 

RIN 2120–AA66 

Establishment of Class E Airspace; 

Austin Airport, Austin, NV 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace extending upward from 700 

feet above the surface at Austin Airport, 

Austin, NV. The airport is transitioning 

from visual flight rules (VFR) to 

instrument flight rules (IFR), and these 

actions support the safety and 

management of IFR operations at the 

airport. 

DATES: Effective date 0901 UTC, 

February 20, 2025. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR part 51, subject to the annual 

revision of FAA Order JO 7400.11 and 

publication of conforming amendments. 

ADDRESSES: A copy of the Notice of 

Proposed Rulemaking (NPRM), all 

comments received, this final rule, and 

all background material may be viewed 

online at www.regulations.gov using the 

FAA Docket number. Electronic 

retrieval help and guidelines are 

available on the website. It is available 

24 hours each day, 365 days each year. 

FAA Order JO 7400.11J, Airspace 

Designations and Reporting Points, and 


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Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations 104403 

subsequent amendments can be viewed 

online at www.faa.gov/air_traffic/ 

publications/. You may also contact the 

Rules and Regulations Group, Office of 

Policy, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone: (202) 267–8783. 

FOR FURTHER INFORMATION CONTACT: 

Nathan A. Chaffman, Federal Aviation 

Administration, Western Service Center, 

Operations Support Group, 2200 S 

216th Street, Des Moines, WA 98198; 

telephone (206) 231–3460. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it establishes 

Class E airspace to support IFR 

operations at Austin Airport, Austin, 

NV. 

History 

The FAA published a notice of 

proposed rulemaking for Docket No. 

FAA–2024–2104 in the Federal Register 

(89 FR 75510; September 16, 2024), 

proposing to establish Class E airspace 

at Austin Airport, Austin, NV. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. Two identical 

comments were received in favor of the 

proposal. 

Incorporation by Reference 

Class E5 airspace areas are published 

in paragraph 6005 of FAA Order JO 

7400.11, Airspace Designations and 

Reporting Points, which is incorporated 

by reference in 14 CFR 71.1 on an 

annual basis. This document amends 

the current version of that order, FAA 

Order JO 7400.11J, dated July 31, 2024, 

and effective September 15, 2024. FAA 

Order JO 7400.11J is publicly available 

as listed in the ADDRESSES section of this 

document. These amendments will be 

published in the next update to FAA 

Order JO 7400.11. 

FAA Order JO 7400.11J lists Class A, 

B, C, D, and E airspace areas, air traffic 

service routes, and reporting points. 

The Rule 

This action amends 14 CFR part 71 by 

establishing Class E airspace extending 

upward from 700 feet above the surface 

at Austin Airport, Austin, NV. 

The Class E airspace includes that 

airspace within a 3.5-mile radius of the 

Austin Airport Reference Point as well 

as three extensions due to rising terrain 

to the north and southwest of the 

airport. The two northern expansions 

contain departing IFR operations until 

reaching 1,200 feet above the surface 

and arriving IFR operations below 1,500 

feet above the surface. The southwest 

extension contains departing IFR 

operations until reaching 1,200 feet 

above the surface. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR part 71.1 of FAA Order JO 

7400.11J, Airspace Designations and 

Reporting Points, dated July 31, 2024, 

and effective September 15, 2024, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ANM NV E5 Austin, NV [New] 

Austin Airport, NV 

(Lat. 39°28′05′′ N, long. 117°11′51′′ W) 

That airspace extending upwards from 700 

feet above the surface within a 3.5-mile 

radius of the airport, within 1.1 miles west 

and 1.6 miles east of the airport’s 021° 

bearing extending to 8.2 miles north of the 

airport, within 2.2 miles on either side of the 

airport’s 203° bearing extending to 7.9 miles 

southwest of the airport, and within the 

airport’s 317° bearing clockwise to the 012° 

bearing extending from the airport’s 3.5-mile 

radius to its 6.3-mile radius. 

* * * * * 

Issued in Des Moines, Washington, on 

December 17, 2024. 

B.G. Chew, 

Group Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2024–30515 Filed 12–20–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2024–1856; Airspace 

Docket No. 24–ANM–70] 

RIN 2120–AA66 

Modification of Class D and Class E 

Airspace; Camp Guernsey Airport, 

Guernsey, WY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies the Class 

D airspace, Class E airspace area 

designated as a surface area (Class E2 

surface area), and Class E airspace area 

extending upward from 700 feet or more 


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