This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

47153 

Vol. 78, No. 150 

Monday, August 5, 2013 

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. 

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. 

§ 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./SF95.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 

CFPB_tortclaims@cfpb.gov. 

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47154 Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations 

(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] 

BILLING CODE 4810–AM–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 37 

RIN 3038–AD18 

Core Principles and Other 

Requirements for Swap Execution 

Facilities; Correction 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule; correction. 

SUMMARY: The Commodity Futures 

Trading Commission is correcting a 

final rule that appeared in the Federal 

Register of June 4, 2013 (78 FR 33476). 

The final rule applies to the registration 

and operation of a new type of regulated 

entity named a swap execution facility, 

and implements provisions of the DoddFrank Wall Street Reform and Consumer 

Protection Act. 

DATES: The effective date of this 

correction is August 5, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Amir Zaidi, Special Counsel, Division of 

Market Oversight, Commodity Futures 

Trading Commission, Three Lafayette 

Center, 1155 21st Street NW., 

Washington, DC 20581; 202–418–6770; 

azaidi@cftc.gov. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2013–12242 appearing on page 33476 in 

the Federal Register of Tuesday, June 4, 

2013, the following corrections are 

made: 

§ 37.702 [Corrected] 

1. On page 33591, in the second 

column, in § 37.702 General financial 

integrity, paragraph (b) is corrected to 

read as follows: 

(b) For transactions cleared by a 

derivatives clearing organization: 

(1) By ensuring that the swap 

execution facility has the capacity to 

route transactions to the derivatives 

clearing organization in a manner 

acceptable to the derivatives clearing 

organization for purposes of clearing; 

and 

(2) By coordinating with each 

derivatives clearing organization to 

which it submits transactions for 

clearing, in the development of rules 

and procedures to facilitate prompt and 

efficient transaction processing in 

accordance with the requirements of 

§ 39.12(b)(7) of this chapter. 

Appendix B to Part 37—Guidance on, 

and Acceptable Practices in, 

Compliance With Core Principles 

[Corrected] 

2. On page 33600, in the second 

column, under the heading Core 

Principle 3 of Section 5h of the Act— 

Swaps Not Readily Susceptible to 

Manipulation, in paragraph (a)(3), 

correct the reference to ‘‘section c(5)’’ to 

read ‘‘section c(4).’’ 

Dated: July 31, 2013. 

Christopher J. Kirkpatrick, 

Deputy Secretary of the Commission. 

[FR Doc. 2013–18773 Filed 8–2–13; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 101 

[Docket No. FDA–2005–N–0404] 

RIN 0910–AG84 

Food Labeling; Gluten-Free Labeling of 

Foods 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is issuing a 

final rule to define the term ‘‘glutenfree’’ for voluntary use in the labeling of 

foods. The final rule defines the term 

‘‘gluten-free’’ to mean that the food 

bearing the claim does not contain an 

ingredient that is a gluten-containing 

grain (e.g., spelt wheat); an ingredient 

that is derived from a gluten-containing 

grain and that has not been processed to 

remove gluten (e.g., wheat flour); or an 

ingredient that is derived from a glutencontaining grain and that has been 

processed to remove gluten (e.g., wheat 

starch), if the use of that ingredient 

results in the presence of 20 parts per 

million (ppm) or more gluten in the 

food (i.e., 20 milligrams (mg) or more 

gluten per kilogram (kg) of food); or 

inherently does not contain gluten; and 

that any unavoidable presence of gluten 

in the food is below 20 ppm gluten (i.e., 

below 20 mg gluten per kg of food). A 

food that bears the claim ‘‘no gluten,’’ 

‘‘free of gluten,’’ or ‘‘without gluten’’ in 

its labeling and fails to meet the 

requirements for a ‘‘gluten-free’’ claim 

will be deemed to be misbranded. In 

addition, a food whose labeling includes 

the term ‘‘wheat’’ in the ingredient list 

or in a separate ‘‘Contains wheat’’ 

statement as required by a section of the 

Federal Food, Drug, and Cosmetic Act 

(the FD&C Act) and also bears the claim 

‘‘gluten-free’’ will be deemed to be 

misbranded unless its labeling also 

bears additional language clarifying that 

the wheat has been processed to allow 

the food to meet FDA requirements for 

a ‘‘gluten-free’’ claim. Establishing a 

definition of the term ‘‘gluten-free’’ and 

uniform conditions for its use in food 

labeling will help ensure that 

individuals with celiac disease are not 

misled and are provided with truthful 

and accurate information with respect to 

foods so labeled. We are issuing the 

final rule under the Food Allergen 

Labeling and Consumer Protection Act 

of 2004 (FALCPA). 

DATES: Effective date: The final rule 

becomes effective on September 4, 2013. 

Compliance date: The compliance date 

of this final rule is August 5, 2014. See 

section II.B.4 (comment 35 and response 

35) for an additional explanation of the 

compliance date and implementation of 

this final rule. 

FOR FURTHER INFORMATION CONTACT: 

Felicia B. Billingslea, Center for Food 

Safety and Applied Nutrition (HFS– 

820), Food and Drug Administration, 

5100 Paint Branch Pkwy., College Park, 

MD 20740, 240–402–2371, FAX: 301– 

436–2636, email: GlutenFreeFinalRule

Questions@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Purpose of the Rule 

Need for the rule: Celiac disease is a 

hereditary, chronic inflammatory 

disorder of the small intestine triggered 

by the ingestion of certain storage 

proteins referred to as gluten occurring 

in wheat, rye, barley, and crossbreeds of 

these grains. Celiac disease has no cure, 

but individuals who have this disease 

are advised to avoid all sources of 

gluten in their diet to protect against 

adverse health effects associated with 

the disease. Many manufacturers 

currently label their food with a 

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