Homeowners Assistance Program-Application Processing, 39627-39629 [2012-16420]
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Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Rules and Regulations
General Counsel, at 202–418–6636,
mfajfar@cftc.gov, Julian E. Hammar,
Assistant General Counsel, at 202–418–
5118, jhammar@cftc.gov, or David E.
Aron, Counsel, at 202–418–6621,
daron@cftc.gov, Office of General
Counsel; Gary Barnett, Director, at 202–
418–5977, gbarnett@cftc.gov, or Frank
Fisanich, Deputy Director, at 202–418–
5949, ffisanich@cftc.gov, Division of
Swap Dealer and Intermediary
Oversight, Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW., Washington, DC
20581;
SEC: Joshua Kans, Senior Special
Counsel, Richard Grant, Special
Counsel, or Richard Gabbert, Attorney
Advisor, at 202–551–5550, Division of
Trading and Markets, Securities and
Exchange Commission, 100 F Street NE.,
Washington, DC 20549–7010.
SUPPLEMENTARY INFORMATION: In FR Doc.
2012–10562 appearing on page 30596 in
the Federal Register of Wednesday,
May 23, 2012, the following corrections
are made.
■ 1. On page 30685, in the third column,
in footnote 1094, the words ‘‘CFTC
Regulation § 1.3(mmm)(2);’’ are
removed.
§ 1.3
[Corrected]
2. On page 30745, in the second
column, correct paragraph (ggg)(4)(ii)(D)
to read as follows:
■
§ 1.3
4. On page 30749, in the third column,
correct paragraph (jjj)(3)(iii)(A) to read
as follows:
■
§ 1.3
Definitions.
*
*
*
*
*
(jjj) * * *
(3) * * *
(iii) * * *
(A) Potential outward exposure equals
the potential exposure that would be
attributed to such positions using the
procedures in paragraph (jjj)(3)(ii) of
this section multiplied by:
(1) 0.1, in the case of positions cleared
by a registered or exempt clearing
agency or derivatives clearing
organization; or
(2) 0.2, in the case of positions that
are subject to daily mark-to-market
margining but that are not cleared by a
registered or exempt clearing agency or
derivatives clearing organization.
*
*
*
*
*
Dated: June 29, 2012.
Commodity Futures Trading Commission.
David A. Stawick,
Secretary.
Dated: June 29, 2012.
Securities and Exchange Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012–16409 Filed 7–3–12; 8:45 am]
BILLING CODE 8011–01–P; 6351–01–P
Definitions.
*
*
*
*
(ggg) * * *
(4) * * *
(ii) * * *
(D) If the phase-in termination date
has not been previously established
pursuant to paragraph (ggg)(4)(ii)(C) of
this section, then in any event the
phase-in termination date shall occur
five years after the date that a swap data
repository first receives swap data in
accordance with part 45 of this chapter.
*
*
*
*
*
■ 3. On page 30747, in the third column,
correct paragraph (hhh)(6)(iii)(B)(2) to
read as follows:
DEPARTMENT OF DEFENSE
§ 1.3
SUMMARY:
*
Definitions.
wreier-aviles on DSK5TPTVN1PROD with RULES
*
*
*
*
*
(hhh) * * *
(6) * * *
(iii) * * *
(B) * * *
(2) The sum of the amount calculated
under paragraph (hhh)(6)(iii)(B)(1) of
this section and the product of the total
effective notional principal amount of
the person’s swap positions in all major
swap categories multiplied by 0.15 is
less than $1 billion.
*
*
*
*
*
VerDate Mar<15>2010
14:28 Jul 03, 2012
Jkt 226001
Office of the Secretary
32 CFR Part 239
[DOD–2009–OS–0090; RIN 0790–AI83]
Homeowners Assistance Program—
Application Processing
Under Secretary of Defense for
Acquisition, Technology, and Logistics,
Office of the Deputy Under Secretary of
Defense (Installations and
Environment), DoD.
ACTION: Direct final rule.
AGENCY:
This direct final rule makes
non-substantive changes to the
Expanded Homeowners Assistance
Program (HAP) rule. The Expanded
HAP, authorized in the American
Recovery and Reinvestment Act for
2009 (‘‘the Act’’), provided much
needed assistance to military and
civilian employees, and spouses of
military members who died in the line
of duty. However, the Expanded HAP
eligibility criteria established in the Act,
including those criteria that were
subsequently changed through
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
39627
administrative rulemaking procedures,
did not establish a deadline for when
applications must be submitted to DoD.
These changes inform applicants of
application deadlines and the current
field office address for submitting
applications. These changes do not
impact the eligibility criteria or other
policies and procedures prescribed in
the rule.
DATES: This direct final rule is effective
September 4, 2012 unless Agency
receives significant adverse comments
by midnight Eastern Standard Time on
August 6, 2012.
FOR FURTHER INFORMATION CONTACT:
Phyllis Newton, 703–571–9060.
SUPPLEMENTARY INFORMATION: Due to
funding limitations, in the Expanded
HAP Final Rule, the Permanent Change
of Station (PCS) eligibility criterion date
for when PCS orders needed to be
issued was changed from September 30,
2012, to September 30, 2010, but the
Final Rule retained the September 30,
2012, date for when the house must be
sold. In accordance with the Act, the
Base Realignment and Closure (BRAC)
2005 eligibility criterion will terminate
on September 30, 2012, a full year after
implementation of the BRAC 2005
round. It is appropriate to establish
application deadlines for Expanded
HAP benefits for the PCS and BRAC
2005 categories. To that end, this rule
will amend 32 CFR part 239 by adding
two paragraphs to Section 239.9(a) to
establish the application deadlines. This
change does not eliminate anyone’s
eligibility; rather it simply requires
filing of applications in a timely
manner. Submission of the applications
by the specified deadlines is sufficient
even if further documentation is
required.
Additionally, the amendment will
revise the HAP Field Office address for
the submission of HAP applications.
The three former field offices were
consolidated into one field office in
Savannah, Georgia.
The prompt implementation of the
Direct Final Rule is of critical
importance. Due to the current
economic climate, continuing the
Expanded HAP provisions for PCS and
BRAC 2005 categories is no longer
viable. This Direct Final Rule makes
nonsubstantive changes to the
Expanded HAP rule. These changes
inform applicants of application
deadlines and the current field office
address for submitting applications.
These changes do not impact the
eligibility criteria or other policies and
procedures prescribed in the rule.
Additionally, the Department of
Defense has determined that these
E:\FR\FM\05JYR1.SGM
05JYR1
39628
Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Rules and Regulations
changes to the final rule are exempt
from public comment as the application
deadline is the same as the program
termination deadline for the Expanded
HAP that was previously established
and codified in the final rule and the
change of address for the field office is
an administrative change.
Direct Final Rule and Significant
Adverse Comments
DoD has determined this rulemaking
meets the criteria for a direct final rule
because it involves nonsubstantive
changes dealing with DoD’s
management of its Expanded HAP. DoD
expects no opposition to the changes
and no significant adverse comments.
However, if DoD receives a significant
adverse comment, the Department will
withdraw this direct final rule by
publishing a notice in the Federal
Register. A significant adverse comment
is one that explains: (1) Why the direct
final rule is inappropriate; or (2) why
the direct final rule will be ineffective
or unacceptable without a change. A
significant adverse comment is not a
comment that addresses the order of
application processing, the ten percent
home value loss, and the date of home
purchase. In determining whether a
comment necessitates withdrawal of
this direct final rule, DoD will consider
whether it warrants a substantive
response in a notice and comment
process.
Executive Summary
wreier-aviles on DSK5TPTVN1PROD with RULES
I. Purpose of the Regulatory Action
a. The Expanded Homeowners
Assistance Program (HAP), authorized
in the American Recovery and
Reinvestment Act of 2009 (‘‘the Act’’),
provided much needed assistance to
military and civilian employees, and
spouses of military members who died
in the line of duty. However, the
Expanded HAP eligibility criteria
established in the Act, including those
criteria that were subsequently changed
through administrative rulemaking
procedures, did not establish a deadline
for when applications must be
submitted to DoD. Based on reductions
in the Defense budget in Fiscal Year
2012 and beyond, continuing the
Expanded HAP provisions for
Permanent Change of Station (PCS) and
Base Realignment and Closure (BRAC)
2005 categories is no longer viable. In
the Expanded HAP Final Rule, the PCS
eligibility criterion date was changed
from September 30, 2012, to September
30, 2010, due to funding limitations.
However, the Department continues to
receive more than 100 eligible
applications per month for the PCS
VerDate Mar<15>2010
14:28 Jul 03, 2012
Jkt 226001
category. Per the Act, the BRAC 2005
eligibility criterion will terminate on
September 30, 2012, a full year after the
statutory completion of the BRAC 2005
round. It is now time to establish
application deadlines for Expanded
HAP benefits for the PCS and BRAC
2005 categories. To that end, this rule
will amend 32 CFR part 239 by adding
two paragraphs to Section 239.9(a) to
establish the application deadlines.
b. 42 United States Code, Section
3374, as amended.
II. Summary of the Major Provisions of
the Regulatory Action in Question
The HAP Rule, Section 239.9(a) will
be amended to add application
deadlines for the submission of PCS and
BRAC 2005 benefits. This change does
not eliminate anyone’s eligibility; rather
it simply requires filing of applications
in a timely manner. Submission of the
applications by the specified deadlines
is sufficient even if further
documentation is required.
Additionally, the amendment will
revise the HAP Field Office address for
the submission of HAP applications.
The three former field offices were
consolidated into one field office in
Savannah, Georgia.
III. Costs and Benefits
There is no cost to the public. The
Department of Defense administrative
costs for implementation of the
authorities under this rule are eight (8)
percent of the funds appropriated to
execute the Expanded HAP. Workload
will be accomplished with additional
staffing and be integrated into normal
business.
Regulatory Procedures
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
It has been determined that this rule
is a significant regulatory action.
This rule does not:
(1) Have an annual effect on the
economy of $100 million or more, or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local or tribal governments or
communities; (2) Create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency; or
(3) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in these Executive Orders.
This rule does:
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Frm 00012
Fmt 4700
Sfmt 4700
Materially alter the budgetary impact
of entitlements, grants, user fees, or loan
programs, or the rights and obligations
of recipients thereof.
OMB has reviewed this rule.
Sec. 202, Pub. L. 104–4, ‘‘Unfunded
Mandates Reform Act’’
It has been certified that 32 CFR part
239 does not contain a Federal mandate
that may result in expenditure by State,
local and tribal governments, in
aggregate, or by the private sector, of
$100 million or more in any one year.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
It has been certified that 32 CFR part
239 is not subject to the Regulatory
Flexibility Act (5 U.S.C. 601) because it
would not, if promulgated, have a
significant economic impact on a
substantial number of small entities.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that this rule does
impose additional reporting or
recordkeeping requirements under the
Paperwork Reduction Act of 1995. The
HAP Application is approved under
OMB Control Number 0704–0463.
Executive Order 13132, ‘‘Federalism’’
It has been certified that 32 CFR part
239 does not have federalism
implications, as set forth in Executive
Order 13132. This rule does not have
substantial direct effects on:
(1) The States;
(2) The relationship between the
National Government and the States; or
(3) The distribution of power and
responsibilities among the various
levels of Government.
List of Subjects in 32 CFR Part 239
Government employees; Grant
programs—housing and community
development; Housing; Military
personnel.
Accordingly, 32 CFR part 239 is
amended as follows:
PART 239—[AMENDED]
1. The authority citation for part 239
continues to read as follows:
■
Authority: 42 U.S.C. 3374, as amended.
2. Section 239.9 is amended by adding
paragraphs (a)(1) and (2) to read as
follows:
■
§ 239.9. Application processing
procedures.
(a) * * *
(1) Applications for benefits by
members of the Armed Forces due to
eligibility pursuant to § 239.6(a)(4) of
E:\FR\FM\05JYR1.SGM
05JYR1
Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Rules and Regulations
this part because of permanent
reassignment must be submitted directly
to the U.S. Army Corps of Engineers
field office identified in § 239.15 of this
part by U.S. Mail or commercial
delivery service, and must be
postmarked or deposited with the
commercial delivery service no later
than September 30, 2012. Applications
postmarked or deposited after
September 30, 2012, will not be
accepted.
(2) Applications of eligible personnel
for benefits due to eligibility pursuant to
§ 239.6(a)(3) of this part because of
BRAC 2005 must be submitted directly
to the U.S. Army Corps of Engineers
field office identified in § 239.15 of this
part by U.S. Mail or commercial
delivery service, and must be
postmarked or deposited with the
commercial delivery service no later
than September 30, 2012. Applications
postmarked or deposited after
September 30, 2012, will not be
accepted.
*
*
*
*
*
3. Section 239.15 is revised to read as
follows:
■
§ 239.15.
List of HAP Field Offices.
HAP FIELD OFFICE
U.S. Army Engineer District,
Savannah, Corps of Engineers, Attn:
CESAS–RE–HM, 100 West Oglethorpe
Avenue, Savannah, Georgia 31401–
3604, 1–800–861–8144, Internet
Address: https://www.sas.usace.army.
mil.
HAP CENTRAL OFFICE
Homeowners Assistance Program, HQ
U.S. Army Corps of Engineers Real
Estate Directorate, Military Division,
441 G Street NW., Washington, DC
20314–1000.
Dated: June 29, 2012.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2012–16420 Filed 7–3–12; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 706
Certifications and Exemptions Under
the International Regulations for
Preventing Collisions at Sea, 1972
Department of the Navy, DoD.
Final rule.
AGENCY:
ACTION:
The Department of the Navy
(DoN) is amending its certifications and
exemptions under the International
Regulations for Preventing Collisions at
Sea, 1972 (72 COLREGS), to reflect that
the Deputy Assistant Judge Advocate
General (DAJAG) (Admiralty and
Maritime Law) of the DoN has
determined that USS HARRY S.
TRUMAN (CVN 75) is a vessel of the
Navy which, due to its special
construction and purpose, cannot
comply fully with certain provisions of
the 72 COLREGS without interfering
with its special function as a naval ship.
The intended effect of this rule is to
warn mariners in waters where 72
COLREGS apply.
DATES: This rule is effective July 5, 2012
and is applicable beginning June 25,
2012.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Jocelyn Loftus-Williams,
JAGC, U.S. Navy, Admiralty Attorney,
(Admiralty and Maritime Law), Office of
the Judge Advocate General, Department
of the Navy, 1322 Patterson Ave. SE.,
Suite 3000, Washington Navy Yard, DC
20374–5066, telephone number: 202–
685–5040.
SUPPLEMENTARY INFORMATION: Pursuant
to the authority granted in 33 U.S.C.
1605, the DoN amends 32 CFR part 706.
This amendment provides notice that
the DAJAG (Admiralty and Maritime
Law) of the DoN, under authority
delegated by the Secretary of the Navy,
has certified that USS HARRY S.
TRUMAN is a vessel of the Navy which,
due to its special construction and
purpose, cannot comply fully with the
following specific provisions of 72
COLREGS without interfering with its
special function as a naval ship: Annex
SUMMARY:
39629
I, paragraph 3(a), pertaining to the
placement of the forward masthead light
in the forward quarter of the ship;
Annex I, paragraph 2(g), pertaining to
the placement of the sidelights above
the hull; and Annex I, paragraph
2(i)(iii), pertaining to the vertical line
spacing of the task lights. The DAJAG
(Admiralty and Maritime Law) has also
certified that the lights involved are
located in closest possible compliance
with the applicable 72 COLREGS
requirements.
Moreover, it has been determined, in
accordance with 32 CFR parts 296 and
701, that publication of this amendment
for public comment prior to adoption is
impracticable, unnecessary, and
contrary to public interest since it is
based on technical findings that the
placement of lights on this vessel in a
manner differently from that prescribed
herein will adversely affect the vessel’s
ability to perform its military functions.
List of Subjects in 32 CFR Part 706
Marine safety, Navigation (water), and
Vessels.
For the reasons set forth in the
preamble, amend part 706 of title 32 of
the CFR as follows:
PART 706—CERTIFICATIONS AND
EXEMPTIONS UNDER THE
INTERNATIONAL REGULATIONS FOR
PREVENTING COLLISIONS AT SEA,
1972
1. The authority citation for part 706
continues to read:
■
Authority: 33 U.S.C. 1605.
2. Section 706.2 is amended as
follows:
■ A. In Table Two by revising the entry
for USS HARRY S. TRUMAN (CVN 75);
■ B. In Table Four, paragraph 22, by
adding, in alpha numerical order, the
following entry for USS HARRY S.
TRUMAN (CVN 75); and
■ C. In Table Five by revising the entry
for USS HARRY S. TRUMAN (CVN 75).
■
§ 706.2 Certifications of the Secretary of
the Navy under Executive Order 11964 and
33 U.S.C. 1605.
*
*
*
*
*
wreier-aviles on DSK5TPTVN1PROD with RULES
TABLE TWO
Vessel
Number
Masthead
lights,
distance to
stbd of keel
in meters;
Rule 21(a)
*
USS HARRY S. TRUMAN .......
*
CVN 75 ........
30.02
VerDate Mar<15>2010
14:28 Jul 03, 2012
Jkt 226001
Forward
anchor light,
distance
below flight
dk in
meters;
§ 2(K),
Annex I
Forward
anchor light,
number of;
Rule
30(a)(i)
*
PO 00000
*
....................
Frm 00013
Fmt 4700
1
Sfmt 4700
AFT anchor
light,
distance
below flight
dk in
meters;
Rule 21(e),
Rule
30(a)(ii)
AFT anchor
light,
number of;
Rule
30(a)(ii)
*
....................
1
Side lights,
distance
forward of
forward
masthead
light in
meters;
§ 3(b),
Annex I
Side lights,
distance
inboard of
ship’s sides
in meters;
§ 3(b),
Annex I
*
E:\FR\FM\05JYR1.SGM
Side lights,
distance
below flight
dk in
meters;
§ 2(g),
Annex I
*
....................
....................
0.46
05JYR1
Agencies
[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Rules and Regulations]
[Pages 39627-39629]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16420]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 239
[DOD-2009-OS-0090; RIN 0790-AI83]
Homeowners Assistance Program--Application Processing
AGENCY: Under Secretary of Defense for Acquisition, Technology, and
Logistics, Office of the Deputy Under Secretary of Defense
(Installations and Environment), DoD.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: This direct final rule makes non-substantive changes to the
Expanded Homeowners Assistance Program (HAP) rule. The Expanded HAP,
authorized in the American Recovery and Reinvestment Act for 2009
(``the Act''), provided much needed assistance to military and civilian
employees, and spouses of military members who died in the line of
duty. However, the Expanded HAP eligibility criteria established in the
Act, including those criteria that were subsequently changed through
administrative rulemaking procedures, did not establish a deadline for
when applications must be submitted to DoD. These changes inform
applicants of application deadlines and the current field office
address for submitting applications. These changes do not impact the
eligibility criteria or other policies and procedures prescribed in the
rule.
DATES: This direct final rule is effective September 4, 2012 unless
Agency receives significant adverse comments by midnight Eastern
Standard Time on August 6, 2012.
FOR FURTHER INFORMATION CONTACT: Phyllis Newton, 703-571-9060.
SUPPLEMENTARY INFORMATION: Due to funding limitations, in the Expanded
HAP Final Rule, the Permanent Change of Station (PCS) eligibility
criterion date for when PCS orders needed to be issued was changed from
September 30, 2012, to September 30, 2010, but the Final Rule retained
the September 30, 2012, date for when the house must be sold. In
accordance with the Act, the Base Realignment and Closure (BRAC) 2005
eligibility criterion will terminate on September 30, 2012, a full year
after implementation of the BRAC 2005 round. It is appropriate to
establish application deadlines for Expanded HAP benefits for the PCS
and BRAC 2005 categories. To that end, this rule will amend 32 CFR part
239 by adding two paragraphs to Section 239.9(a) to establish the
application deadlines. This change does not eliminate anyone's
eligibility; rather it simply requires filing of applications in a
timely manner. Submission of the applications by the specified
deadlines is sufficient even if further documentation is required.
Additionally, the amendment will revise the HAP Field Office
address for the submission of HAP applications. The three former field
offices were consolidated into one field office in Savannah, Georgia.
The prompt implementation of the Direct Final Rule is of critical
importance. Due to the current economic climate, continuing the
Expanded HAP provisions for PCS and BRAC 2005 categories is no longer
viable. This Direct Final Rule makes nonsubstantive changes to the
Expanded HAP rule. These changes inform applicants of application
deadlines and the current field office address for submitting
applications. These changes do not impact the eligibility criteria or
other policies and procedures prescribed in the rule.
Additionally, the Department of Defense has determined that these
[[Page 39628]]
changes to the final rule are exempt from public comment as the
application deadline is the same as the program termination deadline
for the Expanded HAP that was previously established and codified in
the final rule and the change of address for the field office is an
administrative change.
Direct Final Rule and Significant Adverse Comments
DoD has determined this rulemaking meets the criteria for a direct
final rule because it involves nonsubstantive changes dealing with
DoD's management of its Expanded HAP. DoD expects no opposition to the
changes and no significant adverse comments. However, if DoD receives a
significant adverse comment, the Department will withdraw this direct
final rule by publishing a notice in the Federal Register. A
significant adverse comment is one that explains: (1) Why the direct
final rule is inappropriate; or (2) why the direct final rule will be
ineffective or unacceptable without a change. A significant adverse
comment is not a comment that addresses the order of application
processing, the ten percent home value loss, and the date of home
purchase. In determining whether a comment necessitates withdrawal of
this direct final rule, DoD will consider whether it warrants a
substantive response in a notice and comment process.
Executive Summary
I. Purpose of the Regulatory Action
a. The Expanded Homeowners Assistance Program (HAP), authorized in
the American Recovery and Reinvestment Act of 2009 (``the Act''),
provided much needed assistance to military and civilian employees, and
spouses of military members who died in the line of duty. However, the
Expanded HAP eligibility criteria established in the Act, including
those criteria that were subsequently changed through administrative
rulemaking procedures, did not establish a deadline for when
applications must be submitted to DoD. Based on reductions in the
Defense budget in Fiscal Year 2012 and beyond, continuing the Expanded
HAP provisions for Permanent Change of Station (PCS) and Base
Realignment and Closure (BRAC) 2005 categories is no longer viable. In
the Expanded HAP Final Rule, the PCS eligibility criterion date was
changed from September 30, 2012, to September 30, 2010, due to funding
limitations. However, the Department continues to receive more than 100
eligible applications per month for the PCS category. Per the Act, the
BRAC 2005 eligibility criterion will terminate on September 30, 2012, a
full year after the statutory completion of the BRAC 2005 round. It is
now time to establish application deadlines for Expanded HAP benefits
for the PCS and BRAC 2005 categories. To that end, this rule will amend
32 CFR part 239 by adding two paragraphs to Section 239.9(a) to
establish the application deadlines.
b. 42 United States Code, Section 3374, as amended.
II. Summary of the Major Provisions of the Regulatory Action in
Question
The HAP Rule, Section 239.9(a) will be amended to add application
deadlines for the submission of PCS and BRAC 2005 benefits. This change
does not eliminate anyone's eligibility; rather it simply requires
filing of applications in a timely manner. Submission of the
applications by the specified deadlines is sufficient even if further
documentation is required. Additionally, the amendment will revise the
HAP Field Office address for the submission of HAP applications. The
three former field offices were consolidated into one field office in
Savannah, Georgia.
III. Costs and Benefits
There is no cost to the public. The Department of Defense
administrative costs for implementation of the authorities under this
rule are eight (8) percent of the funds appropriated to execute the
Expanded HAP. Workload will be accomplished with additional staffing
and be integrated into normal business.
Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
It has been determined that this rule is a significant regulatory
action.
This rule does not:
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local or tribal governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency; or
(3) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
these Executive Orders.
This rule does:
Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs, or the rights and obligations of recipients
thereof.
OMB has reviewed this rule.
Sec. 202, Pub. L. 104-4, ``Unfunded Mandates Reform Act''
It has been certified that 32 CFR part 239 does not contain a
Federal mandate that may result in expenditure by State, local and
tribal governments, in aggregate, or by the private sector, of $100
million or more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that 32 CFR part 239 is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that this rule does impose additional
reporting or recordkeeping requirements under the Paperwork Reduction
Act of 1995. The HAP Application is approved under OMB Control Number
0704-0463.
Executive Order 13132, ``Federalism''
It has been certified that 32 CFR part 239 does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of Government.
List of Subjects in 32 CFR Part 239
Government employees; Grant programs--housing and community
development; Housing; Military personnel.
Accordingly, 32 CFR part 239 is amended as follows:
PART 239--[AMENDED]
0
1. The authority citation for part 239 continues to read as follows:
Authority: 42 U.S.C. 3374, as amended.
0
2. Section 239.9 is amended by adding paragraphs (a)(1) and (2) to read
as follows:
Sec. 239.9. Application processing procedures.
(a) * * *
(1) Applications for benefits by members of the Armed Forces due to
eligibility pursuant to Sec. 239.6(a)(4) of
[[Page 39629]]
this part because of permanent reassignment must be submitted directly
to the U.S. Army Corps of Engineers field office identified in Sec.
239.15 of this part by U.S. Mail or commercial delivery service, and
must be postmarked or deposited with the commercial delivery service no
later than September 30, 2012. Applications postmarked or deposited
after September 30, 2012, will not be accepted.
(2) Applications of eligible personnel for benefits due to
eligibility pursuant to Sec. 239.6(a)(3) of this part because of BRAC
2005 must be submitted directly to the U.S. Army Corps of Engineers
field office identified in Sec. 239.15 of this part by U.S. Mail or
commercial delivery service, and must be postmarked or deposited with
the commercial delivery service no later than September 30, 2012.
Applications postmarked or deposited after September 30, 2012, will not
be accepted.
* * * * *
0
3. Section 239.15 is revised to read as follows:
Sec. 239.15. List of HAP Field Offices.
HAP FIELD OFFICE
U.S. Army Engineer District, Savannah, Corps of Engineers, Attn:
CESAS-RE-HM, 100 West Oglethorpe Avenue, Savannah, Georgia 31401-3604,
1-800-861-8144, Internet Address: https://www.sas.usace.army.mil.
HAP CENTRAL OFFICE
Homeowners Assistance Program, HQ U.S. Army Corps of Engineers Real
Estate Directorate, Military Division, 441 G Street NW., Washington, DC
20314-1000.
Dated: June 29, 2012.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2012-16420 Filed 7-3-12; 8:45 am]
BILLING CODE 5001-06-P