[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
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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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