[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Rules and Regulations]
[Pages 47153-47154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18844]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules
and Regulations
[[Page 47153]]
BUREAU OF CONSUMER FINANCIAL PROTECTION
12 CFR Part 1076
Claims Under the Federal Tort Claims Act for Loss of or Damage to
Property or for Personal Injury or Death
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Final rule.
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SUMMARY: The Bureau of Consumer Financial Protection is adopting a
procedural rule that sets forth the procedures for filing, processing,
and paying awards based on administrative claims under the Federal Tort
Claims Act for money damages for loss of or injury to property, or for
personal injury or death, caused by the negligent or wrongful act or
omission of any employee of the Bureau while acting within the scope of
the employee's office or employment.
DATES: The rule is effective on August 5, 2013.
FOR FURTHER INFORMATION CONTACT: Margaret H. Plank, Senior Counsel,
General Law and Ethics, Legal Division, Consumer Financial Protection
Bureau, 1700 G Street NW., Washington, DC 20552, 202-435-7623.
SUPPLEMENTARY INFORMATION:
I. Background and Summary of the Rule
The Federal Tort Claims Act (FTCA), as amended, 28 U.S.C. 2671-
2680, and the regulations issued by the Department of Justice (DOJ)
contained in 28 CFR part 14, authorize the head of the Bureau or
designee to consider, ascertain, adjust, determine, compromise, and
settle claims for money damages against the United States for personal
injury, death, or property loss or damage caused by the negligent or
wrongful act or omission of any employee of the Bureau while acting
within the scope of the employee's office or employment, under
circumstances where the United States, if it were a private person,
would be liable, in accordance with the law of the place where the act
or omission occurred. This rule (Final Rule) establishes the Bureau's
procedures for filing and processing any such claims.
Under the Final Rule, a claimant may present a covered claim to the
Bureau by submitting a completed claim form and appropriate supporting
information and evidence to the Bureau's General Counsel. The Final
Rule authorizes the Bureau's General Counsel and members of the Legal
Division designated by the General Counsel to consider and attempt to
resolve claims. If the General Counsel or the General Counsel's
designee disallows a claim, the General Counsel or designee will notify
the claimant in writing.
II. Legal Authority and Effective Date
This Final Rule is issued under the FTCA, as amended, which
authorizes the Attorney General to prescribe regulations for the
administrative adjustment of claims by Federal agencies. 28 U.S.C.
2672. The Attorney General, in turn, has authorized each Federal agency
to issue regulations and establish procedures consistent with 28 CFR
part 14. 28 CFR 14.11.
The Final Rule is procedural and not substantive and, thus, is not
subject to the 30-day delay in effective date required by 5 U.S.C.
553(d). The Bureau is making the Final Rule effective immediately upon
publication in the Federal Register.
III. Regulatory Requirements
The Final Rule constitutes a Bureau rule of organization,
procedure, or practice that is exempt from notice and public comment
pursuant to 5 U.S.C. 553(b). Because notice of proposed rulemaking is
not required, the Final Rule is not a ``rule'' as defined by the
Regulatory Flexibility Act and the provisions of that statute do not
apply. 5 U.S.C. 601(2). The Final Rule does not contain any new or
revised information collection requirements that require the approval
of the Office of Management and Budget (OMB) under the Paperwork
Reduction Act. 44 U.S.C. 3501 et seq. The U.S. Department of Justice
has previously obtained OMB approval for the Standard Form 95 and it is
assigned the OMB control number 1105-0008. Please note that,
notwithstanding any other provision of law, the Bureau may not conduct
and persons are not required to respond to a collection of information
unless it displays a currently valid OMB control number.
List of Subjects in 12 CFR Part 1076
Claims against the government, Government employees, Money damages.
Authority and Issuance
For the reasons set forth above, the CFPB amends Chapter X in Title
12 of the Code of Federal Regulations by adding a new part 1076 to read
as follows:
CHAPTER X--BUREAU OF CONSUMER FINANCIAL PROTECTION
PART 1076--CLAIMS AGAINST THE UNITED STATES
Sec.
1076.101 Claims against a Bureau employee based on negligence,
wrongful act or omission.
Authority: 12 U.S.C. 5492(a)(1), (11); 28 U.S.C. 2672; 28 CFR
14.11.
Sec. 1076.101 Claims against a Bureau employee based on negligence,
wrongful act or omission.
(a) Procedure for filing claims. A claimant, or the claimant's duly
authorized agent or legal representative may present a claim against a
Bureau employee based on negligence, or wrongful act or omission, as
specified in 28 CFR 14.3. Claimant or claimant's duly authorized agent
or legal representative must file with the General Counsel of the
Bureau a completed Claim for Damage or Injury (Standard Form 95),
together with appropriate evidence and information, as specified in 28
CFR 14.4. Standard Form 95 may be obtained at http://www.justice.gov/civil/docs_forms./SF-95.pdf, or from the CFPB. Claimants also may
submit a claim in the form of a letter or any other writing, a written
statement, an audio file, a Braille or electronic document, and/or a
video, as long as the submission contains all of the requirements of an
administrative claim specified in 28 CFR part 14. Claims should be
mailed or delivered to the General Counsel, Legal Division, CFPB, 1700
G Street NW., Washington, DC 20552, or emailed to [email protected].
[[Page 47154]]
(b) Determination of claims--(1) Delegation of authority to
determine claims. The General Counsel, and such employees of the Legal
Division as the General Counsel may designate are authorized to
consider, ascertain, adjust, determine, compromise, and settle claims
pursuant to the FTCA, as amended, and the regulations contained in 28
CFR part 14 and in this section.
(2) Disallowance of claims. If the General Counsel, or the General
Counsel's designee, denies a claim, the General Counsel or designee
shall notify the claimant, or the claimant's duly authorized agent or
legal representative.
Dated: July 11, 2013.
Richard Cordray,
Director, Bureau of Consumer Financial Protection.
[FR Doc. 2013-18844 Filed 8-2-13; 8:45 am]
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