Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Rules and Regulations 69871 

from the requirements of notice and 

comment and a delayed effective date, 

5 U.S.C. 553(b), (d), and is made 

effective upon issuance; (2) the 

Department certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities and 

further that no Regulatory Flexibility 

Analysis was required to be prepared for 

this final rule since the Department was 

not required to publish a general notice 

of proposed rulemaking; and (3) this 

action is not a ‘‘regulation’’ or ‘‘rule’’ as 

defined by Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ 

§ 3(d) and, therefore, this action has not 

been reviewed by the Office of 

Management and Budget. 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

‘‘Federalism,’’ it is determined that this 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a Federalism Assessment. This 

regulation meets the applicable 

standards set forth in Executive Order 

12988, ‘‘Civil Justice Reform.’’ This rule 

will not result in the expenditure by 

State, local and tribal governments, in 

the aggregate, or by the private sector, of 

$100,000,000 or more in any one year, 

and it will not significantly or uniquely 

affect small governments. Therefore, no 

actions were deemed necessary under 

the provisions of the Unfunded 

Mandates Reform Act of 1995. 

This action pertains to agency 

management, personnel and 

organization and does not substantially 

affect the rights or obligations of nonagency parties and, accordingly, is not 

a ‘‘rule’’ as that term is used by the 

Congressional Review Act (Subtitle E of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA)). Therefore, the reporting 

requirement of 5 U.S.C. 801 does not 

apply. 

List of Subjects in 28 CFR Part 0 

Authority delegations (Government 

agencies), Government employees, 

Organization and functions 

(Government agencies), Privacy, 

Reporting and recordkeeping 

requirements, Whistleblowing. 

■ Accordingly, by virtue of the authority 

vested in me as Attorney General, 

including 5 U.S.C. 301 and 28 U.S.C. 

509, 510, part 0 of title 28 of the Code 

of Federal Regulations is amended as 

follows: 

PART 0—ORGANIZATION OF THE 

DEPARTMENT OF JUSTICE 

■ 1. The authority for citation for part 0 

continues to read as follows: 

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510, 515–519. 

Subpart J—Civil Rights Division 

■ 2. Section 0.50 is amended by adding 

a new paragraph (n) to read as follows: 

§ 0.50 General functions. 

* * * * * 

(n) Upon request, certification under 

18 U.S.C. 249, relating to hate crimes. 

Subpart K—Criminal Division 

■ 3. Section 0.55 is amended by adding 

a new paragraph (v) to read as follows: 

§ 0.55 General functions. 

* * * * * 

(v) Upon request, certification under 

18 U.S.C. 249, relating to hate crimes, in 

cases involving extraterritorial crimes 

that also involve charges filed pursuant 

to the Military Extraterritorial 

Jurisdiction Act (18 U.S.C. 3261 et seq.), 

or pursuant to chapters of the Criminal 

Code prohibiting genocide (18 U.S.C. 

1091), torture (18 U.S.C. 2340A), war 

crimes (18 U.S.C. 2441), or recruitment 

or use of child soldiers (18 U.S.C. 2442). 

Dated: November 8, 2010. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2010–28725 Filed 11–15–10; 8:45 am] 

BILLING CODE 4410–13–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 239 

[DOD–2009–OS–0090; RIN 0790–AI58] 

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: Final rule. 

SUMMARY: This part continues to 

authorize the Homeowners Assistance 

Program (HAP) to financially 

compensate eligible military and 

civilian Federal employee homeowners 

when the real estate market is adversely 

affected directly related to the closure or 

reduction-in-scope of operations due to 

Base Realignment and Closure (BRAC). 

The American Recovery and 

Reinvestment Act of 2009 (ARRA) 

expanded the HAP to provide assistance 

to: Wounded members of the Armed 

Forces (30 percent or greater disability), 

surviving spouses of fallen warriors, and 

wounded Department of Defense (DoD) 

civilian homeowners reassigned in 

furtherance of medical treatment or 

rehabilitation or due to medical 

retirement in connection with their 

disability; Base Realignment and 

Closure (BRAC) 2005 impacted 

homeowners relocating during the 

mortgage crisis; and Service member 

homeowners undergoing Permanent 

Change of Station (PCS) moves during 

the mortgage crisis. 

DATES: Effective Date: January 18, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Deanna Buchner, (703) 602–4353. 

SUPPLEMENTARY INFORMATION: 

The prompt implementation of the 

Final Rule is of critical importance in 

meeting the goals of the Department of 

Defense to provide financial stability 

and increase quality of life for those 

impacted by the mortgage crisis. The 

Department of Defense will provide 

financial assistance to offset financial 

losses of homeowners who need to sell 

their homes in conjunction with PCS 

moves, base closures, combat injuries, 

or loss of spouse in the line of duty. 

The Under Secretary of Defense for 

Acquisition, Technology, and Logistics 

has overall responsibility and provides 

oversight for this program through the 

Deputy Under Secretary of Defense for 

Installations and Environment 

(DUSD(I&E)). The Army, acting as the 

DoD Executive Agent for administering 

the HAP and Expanded HAP, uses the 

Headquarters, U.S. Army Corps of 

Engineers (HQUSACE), to implement 

the program. 

Comments: The Interim Final Rule 

was published in the Federal Register 

on September 30, 2009 (74 FR 50109– 

50115). In response to the Interim Final 

Rule, the DoD received 56 comments 

during the 90-day comment period. 

While many comments crossed several 

subject areas, generally they can be 

placed into three categories: Benefits, 

eligibility, or general. 

1. Benefit comments: There were 16 

comments relating to benefits. These 

comments concern: benefit percentage, 

government acquisition, short sale, 

closing costs, and application 

processing. 

a. Benefit percentage. Three 

comments received concerning the 

restriction of 90 percent of the primary 

fair market value for Base Realignment 

and Closure (BRAC) 2005 and 

Permanent Change of Station (PCS) 


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applicants as opposed to the 95 percent 

offered in the American Recovery and 

Reinvestment Act (ARRA) legislation. 

Changing this restriction would increase 

program costs by at least five percent 

overall and place expanded program 

applicants in the same benefit category 

as those where a DoD action (closing an 

installation) caused the market decline. 

ARRA expansion of HAP is designed to 

assist eligible applicants from 

catastrophic financial loss, not protect a 

homeowner’s investment in real 

property. 

b. Government acquisition. One 

comment received. The comment 

concerned providing private sale 

augmentation at 100 percent of 

mortgage. Private Sale Augmentation is 

not authorized by law. 

c. Short sale. Two comments received 

concerned applicants receiving benefits 

after being forgiven the outstanding 

mortgage by lender and with deficiency 

being subtracted from the final amount 

due. Changing the current requirement 

would enable an applicant to profit by 

receiving benefits for amounts forgiven 

by lenders. The requirement is further 

clarified in § 239.5(c)(1). 

d. Closing costs. Five comments were 

received regarding clarification of what 

constitutes closing costs. A definition 

has been added to § 239.4 (Definitions) 

that clarifies what is included in closing 

costs. 

e. Application processing. Five 

comments were received regarding how 

applications are processed and 

applicants subsequently notified of 

eligibility. Clarification has been added 

to § 239.9 (Application Processing 

Procedures) to ensure applicants 

understand that applications must be 

mailed or otherwise delivered to the 

Corps of Engineers district office. 

2. Eligibility comments: There were 50 

comments relating to eligibility criteria. 

These comments concern: BRAC 2005 

purchase date, BRAC 2005 definition, 

Automated Valuation Model (AVM) 

methodology, Retiree and Reservist 

eligibility, Fannie Mae/Freddie Mac 

conforming loan limit, PCS purchase 

date, market decline, and Coast Guard 

eligibility. 

a. BRAC 2005 purchase date. Six 

comments received suggesting changing 

the requirement for the home to be 

purchased as of the BRAC 

announcement date of May 13, 2005. 

This requirement remains unchanged. 

While language in the ARRA gives the 

Secretary of Defense the discretion to 

allow ownership until July 1, 2006, the 

basic HAP law, Demonstration Cities 

and Metropolitan Development Act of 

1966, established that BRAC impacted 

individuals should own homes prior to 

announcement dates. For example, the 

two conventional homeowners 

assistance programs in effect under the 

prior law, which are now being 

executed at Naval Air Station (NAS) 

Brunswick, Maine, and Fort Monmouth, 

New Jersey, require ownership by May 

13, 2005. 

b. BRAC 2005 eligibility. Four 

comments received. One requested that 

eligibility for BRAC 2005 include those 

who were assigned to a BRAC 

installation but required to relocate for 

other than a BRAC action; one that 

recommended BRAC eligibility be 

expanded to include other Federal 

agency employees; one requesting BRAC 

eligibility include employees at nonBRAC sites but are affected by BRAC 

unit relocations; and one requesting a 

clarification of who is eligible for BRAC 

2005 assistance. Current requirement 

remains unchanged. BRAC eligibility 

will continue to be only for those 

assigned to BRAC organizations where 

their positions are eliminated or 

relocated. 

c. AVM methodology and process. 

Ten comments received expressing 

concern that the AVM does not 

represent current market conditions and 

requesting an explanation of the process 

and data behind the AVM uses to 

determine market value. The use of 

AVM to determine market value has 

been eliminated from the rule by no 

longer requiring owners to show a ten 

percent market loss. 

d. Retiree and Reservist eligibility. 

Three comments received; two 

requesting voluntary retirement and one 

requesting Reservists be included as 

eligible for benefits. The primary focus 

of the Expanded HAP is helping those 

members where a DoD-ordered move 

caused the financial distress 

experienced by homeowners. Voluntary 

retirement is not a DoD-ordered move. 

Involuntary retirement, however, is a 

DoD-ordered move. Reservists called to 

active duty, who are not expected to 

move their household goods, have an 

option to remain in the areas where they 

live and are generally not eligible for the 

HAP benefit. 

e. FannieMae/FreddieMac (FM/FM) 

Conforming Loan Limit. Twelve 

comments received. Some comments 

requested that this loan limit be lifted as 

an eligibility requirement because it 

does not capture what is occurring in 

today’s market. Other comments 

requested that the focus of this limit be 

placed on the loan as opposed to 

purchase price. § 239.6(3) has been 

changed to remove the requirement for 

the Prior Fair Market Value (PFMV) or 

qualifying mortgage to be within the 

FM/FM conforming loan limit for 

eligibility purposes. The Final Rule 

removes the FM/FM limit as an 

eligibility requirement and specifies a 

cap on benefit payments. Benefits 

cannot exceed an amount equal to the 

highest 2009 FM/FM conforming loan 

limit (as amended by the ARRA of 

2009), which is $729,750. For home 

purchase prices or qualifying mortgages 

that exceed this amount, the benefit 

calculation will use $729,750 as the 

purchase price or qualifying mortgage 

amount. 

f. Permanent Change of Station home 

purchase date. Four comments received 

requesting information on how the date 

was chosen and/or requesting that the 

date be changed. The requirement to 

have purchased the home prior to July 

1, 2006, is based on market trends 

documented by S&P/Case-Shiller Home 

Price Indices, which indicates over ten 

percent market decline through the 

second quarter of 2006 nationwide. The 

July 1, 2006, date is a statutory 

requirement and remains unchanged. 

g. Personal loss/Market loss 

requirement. Nine comments received 

that suggested the requirement to show 

a ten percent market loss is too 

restrictive. The need to show a ten 

percent county/parish/city market 

decline has been eliminated from the 

rule; however, the requirement to show 

a ten percent decline in individual 

home value remains. 

h. Coast Guard eligibility. Two 

comments received that expressed 

concern that because of Coast Guard 

PCS procedures, ending the PCS 

eligibility on December 31, 2009, 

unfairly excludes most Coast Guard 

applicants from qualifying for the HAP 

benefit. The end date for PCS eligibility 

for members of all services was 

extended to September 30, 2010. 

3. General comments: Received 12 

comments of a general nature in the 

following categories: tax, marketing, 

definition of purchase date, rulemaking 

process, and the appeal process. 

a. Tax. Four comments were received 

requesting that tax implications be 

explained more clearly. 26 U.S.C. 132(n) 

exempts HAP benefits from Federal tax. 

This change has been made in 

§ 239.5(d). 

b. Marketing. Two comments were 

received requesting that the requirement 

to list houses on the market prior to 

obtaining HAP benefit be lifted. It is 

important to retain this requirement 

because it helps establish a home’s 

current fair market value and will 

reduce the number of homes purchased 

and held in the Government’s inventory 

which would increase program costs 

significantly. 


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Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Rules and Regulations 69873 

c. Purchase date definition. Four 

comments were received requesting 

clarity on what determines a purchase 

date, e.g.., deed recording, signed 

contract. The Final Rule has been 

changed to add a definition of the term 

purchase. According to that definition, 

purchase occurs when the applicant 

enters into a contract for the purchase 

of the home or, in the event there is no 

contract for purchase, when the 

applicant closes on the property. 

d. Rulemaking process. One comment 

received suggesting that extensions to 

public comment period be announced 

by a press release. The Department of 

Defense published a notice in the 

Federal Register on November 16, 2009 

(74 FR 58846) extending the public 

comment period by an additional 60- 

days. 

e. Appeal process. One comment 

received requesting information on 

appeal process. Section 239.11 

(Appeals) explains the appeal process. 

a. Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

Under Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ 58 

FR 51735 (Oct. 4, 1993), a ‘‘significant 

regulatory action’’ is subject to Office of 

Management and Budget (OMB) review 

and the requirements of Executive Order 

12866. Section 3(f) of the Executive 

Order defines ‘‘significant regulatory 

action’’ as one that is likely to result in 

a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more, or 

may 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; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

This rule is an economically 

significant regulatory action under 

section 3(f) of Executive Order 12866 

because it is expected to have an annual 

effect on the economy of more than 

$100 million and materially alter the 

budgetary impact of the Homeowners 

Assistance Program. Accordingly, OMB 

has reviewed this rule. 

b. Sec. 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been certified by the DUSD(I&E) 

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. 

c. Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified by the DUSD(I&E) 

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. 

d. Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified by the DUSD(I&E) 

that 32 CFR part 239, does impose 

reporting or recordkeeping requirements 

under the Paperwork Reduction Act of 

1995. These requirements have been 

approved by the Office of Management 

and Budget under OMB Control Number 

0704–0463. 

e. Executive Order 13132, ‘‘Federalism’’ 

It has been certified by the DUSD(I&E) 

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 

Federal 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 

revised to read as follows: 

PART 239—HOMEOWNERS 

ASSISTANCE PROGRAM— 

APPLICATION PROCESSING 

Sec. 

239.1 Purpose. 

239.2 Applicability and scope. 

239.3 Policy. 

239.4 Definitions. 

239.5 Benefit elections. 

239.6 Eligibility. 

239.7 Responsibilities. 

239.8 Funding. 

239.9 Application processing procedures. 

239.10 Management controls. 

239.11 Appeals. 

239.12 Tax documentation. 

239.13 Program performance reviews. 

239.14 On-site inspections. 

239.15 List of HAP field offices. 

Authority: 42 U.S.C. 3374, as amended by 

Section 1001, ARRA, Public Law 111–5. 

§ 239.1. Purpose. 

This part: 

(a) Continues to authorize the 

Homeowners Assistance Program (HAP) 

under Section 3374 of title 42, United 

States Code (U.S.C.), to assist eligible 

military and civilian Federal employee 

homeowners when the real estate 

market is adversely affected directly 

related to the closure or reduction-inscope of operations due to Base 

Realignment and Closure (BRAC). 

Additionally, in accordance with 

section 1001, American Recovery and 

Reinvestment Act of 2009 (ARRA), 

Public Law 111–5, this part temporarily 

expands authority provided in section 

3374, of title 42 U.S.C., to provide 

assistance to: Wounded, Injured, or Ill 

members of the Armed Forces (30 

percent or greater disability), wounded 

Department of Defense (DoD) and Coast 

Guard civilian homeowners reassigned 

in furtherance of medical treatment or 

rehabilitation or due to medical 

retirement in connection with their 

disability, surviving spouses of fallen 

warriors, Base Realignment and Closure 

(BRAC) 2005 impacted homeowners 

relocating during the mortgage crisis, 

and Service member homeowners 

undergoing Permanent Change of 

Station (PCS) moves during the 

mortgage crisis. This authority is 

referred to as ‘‘Expanded HAP.’’ 

(b) Establishes policy, authority, and 

responsibilities for managing Expanded 

HAP and defines eligibility for financial 

assistance. 

(c) In accordance with this part, the 

Under Secretary of Defense for 

Acquisition, Technology, and Logistics 

(USD(AT&L)) has overall responsibility 

and, through the Deputy Under 

Secretary of Defense for Installations 

and Environment (DUSD(I&E)), provides 

oversight for this program. The Army, 

acting as the DoD Executive Agent for 

administering the HAP, uses the 

Headquarters, U.S. Army Corps of 

Engineers (HQUSACE) to implement the 

program. 

§ 239.2 Applicability and scope. 

This part applies to the Office of the 

Secretary of Defense, the Military 

Departments (including the U.S. Coast 

Guard), the Chairman of the Joints 

Chiefs of Staff, the Combatant 

Commands, the Inspector General of the 

Department of Defense, the Defense 

Agencies, DoD Field Activities, and all 

other organizational entities within the 

Department of Defense (hereafter 


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69874 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Rules and Regulations 

referred to collectively as the ‘‘DoD 

Components’’). This part for Expanded 

HAP is applicable until September 30, 

2012, or as otherwise extended by law. 

§ 239.3 Policy. 

It is DoD policy, in implementing 

section 3374 of title 42, United States 

Code, as amended by section 1001 of the 

ARRA (Pub. L. 111–5), that those 

eligible (see section 239.6 of this part) 

to participate in the HAP and Expanded 

HAP are treated fairly and receive 

available benefit as quickly as 

practicable. 

§ 239.4 Definitions. 

(a) Armed Forces. The Army, Navy, 

Air Force, Marine Corps, and Coast 

Guard (see section 101(a) of title 10, 

U.S.C., as stipulated in section 1001(p) 

of Public Law 111–5). 

(b) Closing costs. Sellers’ closing costs 

typically include: loan payoff fees; the 

real estate commission; title insurance; 

all or part of transfer taxes and escrow 

fees, if there are any; attorney’s fees 

where applicable; and other fees set by 

local custom. HAP pays sellers’ closing 

costs that are customary for the region 

where the home is located. Applicant’s 

realtor or lender can provide the 

applicant with the normal closing costs 

for his/her region. HAP will reimburse 

the seller for limited contributions made 

to the buyer’s portion of closing costs, 

including appraisal cost and realtor fees. 

(c) Deficiency judgment. Judicial 

recognition of personal liability under 

applicable state law against a Service 

member whose property was foreclosed 

on or who otherwise passed title to 

another person for a primary residence 

through a sale that realized less than the 

full outstanding mortgage balance. 

(d) Deployment. Performing service in 

a training exercise or operation at a 

location or under circumstances that 

make it impossible or infeasible for the 

member to spend off-duty time in the 

housing in which the member resides 

when on garrison or installation duty at 

the member’s permanent duty station, or 

home port, as the case may be. 

(e) Eligible mortgage. A mortgage 

secured by the primary residence that 

was incurred to acquire or improve the 

primary residence. For a mortgage 

refinancing the original mortgage(s) or 

for a mortgage incurred subsequent to 

purchasing the property, funds from the 

refinanced or subsequent mortgages 

must be traced to the purchase of the 

primary residence or have been used to 

improve the primary residence. Home 

improvements that are documented 

(even if not financed through a 

subsequent mortgage or line of credit) 

may be added to the purchase price of 

the primary residence. Funds from a 

refinanced or subsequent mortgage that 

were used for other purposes are not 

eligible and may not be considered. 

Benefits will be calculated using the 

amount of $729,750 for primary 

residences with an eligible mortgage 

that exceeds $729,750. The total benefit 

payable (excluding allowable closing 

costs) shall not exceed $729,750. The 

ARRA expanded HAP calculates PFMV 

as the purchase price plus 

improvements. Improvements are 

identified in the Internal Revenue 

Publication #523 (http://www.irs.gov/ 

publications/p523/ar02.html) which 

outlines items considered home 

improvements and distinguishes 

improvements from repairs and 

maintenance. 

(f) Forward deployment. Performing 

service in an area where the Secretary 

of Defense or the Secretary’s designee 

has determined that Service members 

are subject to hostile fire or imminent 

danger under section 310(a)(2) of title 

37, U.S.C. 

(g) Primary residence. The one- or 

two-family dwelling from which 

employees or members regularly 

commute (or commuted) to their 

primary place of duty. Under § 239.6(a) 

and (b) of this part, the relevant 

property for which compensation might 

be offered must have been the primary 

residence of the member or civilian 

employee at the time of the relevant 

wound, injury, or illness. The first field 

grade officer (or civilian equivalent) in 

the member or employee’s chain of 

command may certify primary residence 

status. 

(h) Prior Fair Market Value (PFMV). 

The PFMV is the purchase price of the 

primary residence. Benefits will be 

calculated using the amount of $729,750 

as the PFMV for primary residences 

with a PFMV that exceeds $729,750. 

(i) Purchase. Purchase occurs when 

the applicant enters into a contract for 

the purchase of the property. In the 

absence of a contract for purchase, the 

purchase occurs when the applicant 

closes on the property. 

(j) Reasonable effort to sell. 

Applicant’s primary residence must be 

listed, actively marketed, and available 

for purchase for a minimum of 120 days. 

With regard to marketing, applicant 

must demonstrate that the asking price 

was within the current market value of 

the home as determined by the 

HQUSACE automated value model 

(AVM) for no less than 30 days. It is the 

applicant’s responsibility to explain 

marketing efforts by detailing how the 

asking price was gradually reduced 

until it reached the true current fair 

market value (e.g., maintaining a log 

containing date and asking price 

recorded over period of time indicating 

number of visits by prospective buyers 

and offers to purchase). If an applicant 

is unable to sell the primary residence, 

the HQUSACE will determine whether 

efforts to sell were reasonable. 

(k) Permanent Change of Station 

(PCS). The assignment or transfer of a 

member to a different permanent duty 

station (PDS), to include relocation to 

place of retirement, when retirement is 

mandatory, under a competent 

authorization/order that does not 

specify the duty as temporary, provide 

for further assignment to a new PDS, or 

direct the military service member 

return to the old PDS. 

§ 239.5 Benefit elections. 

Section 3374 of title 42, U.S.C., as 

amended by section 1001 of the ARRA, 

Public Law 111–5, authorizes the 

Secretary of Defense, under specified 

conditions, to acquire title to, hold, 

manage, and dispose of, or, in lieu 

thereof, to reimburse for certain losses 

upon private sale of, or foreclosure 

against, any property improved with a 

one- or two-family dwelling owned by 

designated individuals. 

(a) General benefits. (1) If an applicant 

is unable to sell the primary residence 

after demonstrating reasonable efforts to 

sell (see Definitions, § 239.4(i) of this 

part), the Government may purchase the 

primary residence for the greater of: 

(i) The applicable percentage 

(identified by applicant type in 

§ 239.5(a)(4) of this part) of the Prior 

Fair Market Value (PFMV) of the 

primary residence, or 

(ii) The total amount of the eligible 

mortgage(s) that remains outstanding; 

however, the benefit payable (excluding 

allowable closing costs) shall not exceed 

$729,750. 

(2) If an applicant sells, has sold, or 

otherwise has transferred title of the 

primary residence, the benefit 

calculation shall be the amount of 

closing costs plus an amount not to 

exceed the difference between the 

applicable percentage of the PFMV and 

the sales price. 

(3) If an applicant is foreclosed upon, 

the benefit will pay all legally 

enforceable liabilities directly 

associated with the foreclosed mortgage 

(e.g., a deficiency judgment). 

(4) Applicable percentages. (i) If an 

applicant is eligible under § 239.6(a)(1) 

or (2) of this part, and sells the primary 

residence, the applicable percentage 

shall be 95 percent of the PFMV. In 

addition, closing costs incurred on the 

sale may be reimbursed. 

(ii) If an applicant is eligible under 

§ 239.6(a)(1) or (2) of this part, and is 


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Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Rules and Regulations 69875 

unable to sell the primary residence 

after demonstrating reasonable efforts to 

sell, the applicable percentage shall be 

90 percent of the PFMV. Closing costs 

incurred on the sale may be reimbursed. 

(iii) If an applicant is eligible under 

§ 239.6(a)(3) or (4) of this part and sells 

the primary residence, the applicable 

percentage shall be 90 percent of the 

PFMV. In addition, closing costs 

incurred on the sale may be reimbursed. 

(iv) If an applicant is eligible under 

§ 239.6(a)(3) or (4) of this part and is 

unable to sell the primary residence 

after demonstrating reasonable efforts to 

sell, the applicable percentage shall be 

75 percent of the PFMV. As noted under 

paragraph (a)(1) of this section, 

however, the applicant may instead be 

eligible for payment of the eligible 

mortgage outstanding. 

(b) Rules applicable to all benefit 

calculations. (1) Prior to making any 

payment, the Government must 

determine that title to the property has 

been transferred or will be transferred as 

the result of making such payment. If 

the Government determines that making 

a benefit payment will not result in the 

transfer of title to the property, no 

payment will be made. 

(2) A short sale will be treated as a 

private sale. If an applicant remains 

personally liable for a deficiency 

between the outstanding mortgage and 

the sale price, the amount of this 

deficiency may be included in the 

benefit, provided that the total amount 

of the benefit does not exceed the 

difference between 90 percent of the 

PFMV and the sales price. 

(c) Payment of benefits. (1) Private 

sale: Where a benefit payment exceeds 

funds required to clear the mortgage and 

pay closing costs, the amount exceeding 

the mortgage and closing costs will be 

paid directly to the applicant. In the 

case of a short sale, if an applicant 

remains personally liable for a 

deficiency between the outstanding 

mortgage and the sale price, that 

deficiency shall be paid directly to the 

lender on behalf of the applicant. If the 

applicant was fully released from 

liability after a short sale, no benefit 

shall be paid to either the applicant or 

lender. 

(2) Government purchase: Benefit is 

paid directly to the lender in exchange 

for government possession of the 

property. Since the benefit reimburses 

the applicant a percentage of the 

applicant’s purchase price, if the benefit 

exceeds the mortgage payoff amount, 

the applicant will receive a benefit 

payment for the difference between the 

mortgage payoff and the total benefit 

payment. If the applicant has a buyer for 

the home, the payment of real estate 

commissions when an applicant’s 

mortgage exceeds the property’s current 

fair market value (i.e., upside down) 

will be accomplished as follows: 

(i) Commission will be at the normal 

and customary rate for the area 

(normally six percent) on the price 

agreed upon by the applicant and the 

buyer and to whom the Government 

will then sell the home. While the 

commission payment is the 

responsibility of the applicant, the 

Government will make the commission 

payment for the applicant when the 

home is sold by the Government to the 

applicant’s buyer contingent upon both 

the Government acquisition and 

Government sale contract transactions 

being completed and recorded. 

Commissions will be paid to the broker 

listing the property. The allocation of 

dollars to real estate agents will be the 

responsibility of the listing broker. 

(ii) After Government acquisition, the 

Government will then sell the property 

to the buyer found by the applicant. 

(iii) No other payment of fees or 

commissions will be made without the 

prior approval of HQUSACE. 

(3) Foreclosure: In the case of a 

foreclosure, benefit is paid to lien 

holder for legally enforceable liabilities. 

(d) Tax Implications. 26 U.S.C. 132(n) 

exempts Expanded HAP benefits from 

Federal taxes and is not subject to 

withholding. 

§ 239.6 Eligibility. 

(a) Eligibility by Category. Those 

eligible for benefits under the Expanded 

HAP include the following categories of 

persons: 

(1) Wounded, Injured, or Ill. (i) 

Members of the Armed Forces: 

(A) Who receive a disability rating of 

30% or more for an unfitting condition 

(using the Department of Veterans 

Affairs Schedule for Ratings 

Disabilities), or who are eligible for 

Service member’s Group Life Insurance 

Traumatic Injury Protection Program, or 

whose treating physician (in a grade of 

at least captain in the Navy or Coast 

Guard or colonel in Army, Marine 

Corps, or Air Force) certifies that the 

member is likely, by a preponderance of 

the evidence, to receive a disability 

rating of 30 percent or more for an 

unfitting condition (using the 

Department of Veterans Affairs 

Schedule for Ratings Disabilities) for 

wounds, injuries, or illness incurred in 

the line of duty while deployed, on or 

after September 11, 2001, and 

(B) Who are reassigned in furtherance 

of medical treatment or rehabilitation, 

or due to retirement in connection with 

such disability, and 

(C) Who need to market the primary 

residence for sale due to the wound, 

injury, or illness. (For example, the need 

to be closer to a hospital or a family 

member caregiver or the need to find 

work more accommodating to the 

disability.) 

(ii) Civilian employees of DoD or the 

United States Coast Guard (excluding 

temporary employees or contractors, but 

including employees of nonappropriated fund instrumentalities): 

(A) Who suffer a wound, injury, or 

illness (not due to own misconduct), on 

or after September 11, 2001, in the 

performance of duties while forward 

deployed in support of the Armed 

Forces, whose treating physician 

provides written documentation that the 

individual, by a preponderance of the 

evidence, meets the criteria for a 

disability rating of 30 percent or more. 

As described in paragraph (a)(1) of this 

section, this documentation will be 

certified by a physician in the grade of 

at least captain in the Navy or Coast 

Guard or colonel in Army, Marine 

Corps, or Air Force. 

(B) Who relocate from their primary 

residence in furtherance of medical 

treatment, rehabilitation, or due to 

medical retirement resulting from the 

wound, injury, or illness, and 

(C) Who need to market the primary 

residence for sale due to the wound, 

injury, or illness. (For example, the need 

to be closer to a hospital or a family 

member caregiver or the need to find 

work more accommodating to the 

disability.) 

(2) Surviving spouse. The surviving 

spouse of a Service member or of a 

civilian employee: 

(i) Whose spouse dies as the result of 

a wound, injury, or illness incurred in 

the line of duty while deployed (or 

forward deployed for civilian 

employees) on or after September 11, 

2001, and 

(ii) Who relocates from the member’s 

or civilian employee’s primary 

residence within two years of the death 

of spouse. 

(3) BRAC 2005 members and civilian 

employees. Members of the Armed 

Forces and civilian employees of the 

Department of Defense and the United 

States Coast Guard (not including 

temporary employees or contractors) 

and employees of non-appropriated 

fund instrumentalities meeting the 

assignment requirements of 

§ 239.6(b)(4)(i)(A) of this part and who 

have not previously received HAP 

benefit payments: 

(i) Whose position is eliminated or 

transferred because of the realignment 

or closure; and 


jlentini on DSKJ8SOYB1PROD with RULES
69876 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Rules and Regulations 

(ii) Who accepts employment or is 

required to relocate because of a transfer 

beyond the normal commuting distance 

from the primary residence (50 miles). 

The new residence must be within 50 

miles of the new duty station. 

(4) Permanently reassigned members 

of the Armed Forces. Members who 

have not previously received HAP 

benefit payments and who are 

reassigned under permanent PCS orders: 

(i) Dated between February 1, 2006, 

and September 30, 2012 (subject to 

availability of funds), 

(ii) To a new duty station or home 

port outside a 50-mile radius of the 

member’s former duty station or home 

port. 

(b) Eligibility based on economic 

impact, timing, price, orders, and 

submission of application. (1) Minimum 

economic impact. (i) BRAC 2005 

Members and Civilian Employees as 

well as permanently reassigned 

members of the Armed Forces whose 

primary residence have suffered at least 

a 10 percent personal home value loss 

from the date of purchase to date of sale. 

Market value of the home will be 

verified by the USACE. 

(ii) Applicants qualifying as 

Wounded, Injured, or Ill or as surviving 

spouse do not need to show minimum 

economic impact. 

(2) Timing of purchase and sale. 

(i) BRAC 2005 Members and Civilian 

Employees must have been the owneroccupant of their primary residence 

before May 13, 2005, the date of the 

BRAC 2005 announcement or have 

vacated the owned residence as a result 

of being ordered into on-post housing 

after November 13, 2004. An owneroccupant is someone who has both 

purchased and resides in the residence. 

(ii) Permanently reassigned members 

of the Armed Forces must have 

purchased their primary residence 

before July 1, 2006. 

(iii) Wounded, injured, or ill members 

and employees and Surviving Spouses 

are eligible for compensation without 

respect to the date of purchase. 

(iv) BRAC 2005 Members and Civilian 

employees and permanently reassigned 

members must have sold their primary 

residence between July 1, 2006 and 

September 30, 2012. 

(3) Maximum home prior fair market 

value and eligible mortgage. When 

calculating benefits, both the PFMV and 

the eligible mortgage will be capped at 

$729,750. 

(4) Date of assignment; report date; 

basis for relocation. (i) Date of 

assignment, report date. (A) BRAC 2005 

Members and Civilian Employees must 

have been assigned to an installation or 

unit identified for closure or 

realignment under the 2005 round of the 

Base Realignment and Closure Act of 

1990 on May 13, 2005; transferred from 

such an installation or unit, or 

employment terminated as a result of a 

reduction in force, after November 13, 

2004; or transferred from such an 

installation or activity on an overseas 

tour after May 13, 2002. BRAC 2005 

Members transferred from such an 

installation or activity after May 13, 

2005, are also eligible if, in connection 

with that transfer the member was 

informed of a future, programmed 

reassignment to the installation. 

(B) For initial implementation, 

permanently reassigned members of the 

Armed Forces must have received 

qualifying orders to relocate dated 

between February 1, 2006, and 

September 30, 2010. These dates may be 

extended to September 30, 2012, at the 

discretion of the DUSD(I&E) based on 

availability of funds. 

(ii) Basis for relocation: Permanently 

reassigned members of the Armed 

Forces who are reassigned or who 

otherwise relocate for the following 

reasons are not eligible for Expanded 

HAP benefits: 

(A) Members who voluntarily retire 

prior to reaching their mandatory 

retirement date. 

(B) Members who are a new accession 

into the Armed Forces or who are 

otherwise entering active duty. 

(C) Members who are voluntarily 

separated or discharged. 

(D) Members whose separation or 

discharge is characterized as less than 

honorable. 

(E) Members who request and receive 

voluntary release from active duty 

(REFRAD). 

(F) Members who are REFRAD for 

misconduct or poor performance. 

(c) Applications will be processed 

according to eligibility category in the 

following order: (1) Wounded, injured, 

and ill. Within this category, 

applications will generally be processed 

in chronological order of the wound, 

injury, or illness. 

(2) Surviving spouses. Within this 

category, applications will generally be 

processed in chronological order of the 

date of death of the member or 

employee. 

(3) BRAC 2005 members and civilian 

employees. Within this category, 

applications will generally be processed 

in chronological order of the date of job 

elimination. 

(4) Permanently reassigned members 

of the Armed Forces. Within this 

category, applications will generally be 

processed beginning with the earliest 

report-not-later-than date of PCS orders. 

§ 239.7 Responsibilities. 

(a) The DUSD(I&E), under the 

authority, direction, and control of the 

USD(AT&L), shall, in relation to the 

Expanded HAP: 

(1) Prescribe and monitor 

administrative and operational policies 

and procedures. 

(2) Determine applicable personnel 

benefits and policies, in coordination 

with the Under Secretary of Defense 

(Comptroller) and the Under Secretary 

of Defense for Personnel and Readiness. 

(3) Serve as senior appeals authority 

for appeals submitted by applicants. 

(b) The Under Secretary of Defense 

(Comptroller) shall, in relation to the 

Expanded HAP: 

(1) Implement policies and prescribe 

procedures for financial operations. 

(2) Review and approve financial 

plans and budgets. 

(3) Issue financing and obligation 

authorities. 

(4) Administer the DoD Homeowners 

Assistance Fund. 

(c) The Deputy Assistant Secretary of 

the Army for Installations and Housing 

(DASA(I&H)), subject to review by the 

DUSD(I&E), as the DoD Executive Agent 

for administering, managing, and 

executing the HAP, shall: 

(1) Establish detailed policies and 

procedures for execution of the 

program. 

(2) Maintain necessary records, 

prepare reports, and conduct audits. 

(3) Publish regulations and forms. 

(4) Disseminate information on the 

program. 

(5) Forward copies of completed 

responses to congressional inquiries and 

appeals to the DUSD(I&E) for 

information. 

(6) Serve as the initial approval 

authority for HAP appeals. The 

DASA(I&H) may approve appeals and 

shall forward recommendations for 

Expanded HAP denial to the DUSD(I&E) 

for decision. 

(d) The Heads of the DoD Components 

and the Commandant of the Coast 

Guard, by agreement of the Secretary of 

Homeland Security, shall: 

(1) Designate at least one 

representative at the headquarters level 

to work with DASA(I&H) and 

HQUSACE HAP offices. 

(2) Require each installation to 

establish a liaison with the nearest HAP 

field office to obtain guidance or 

assistance on the HAP. 

(3) Supply the HQUSACE HAP office 

a copy of any internal regulation, 

instruction, or guidance published 

relative to the Expanded HAP program. 

(4) Disseminate information on the 

Expanded HAP and, upon request, 

supply HAP field offices with data 

pertaining to the Expanded HAP. 


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(e) HQUSACE. (1) Real Estate 

Community of Practice (CEMP–CR). The 

Director of Real Estate, acting for the 

Chief of Engineers, has been delegated 

authority and responsibility for the 

execution of HAP. CEMP–CR, as the 

central office for HAP, is responsible for 

the following: 

(i) Supervision, interagency 

coordination, development of 

procedures, policy guidance, and 

processing of appeals forwarded from 

the districts and HQUSACE Major 

Subordinate Commands (MSC). 

(ii) Maintaining an Expanded HAP 

central office and Expanded HAP field 

offices. 

(iii) Processing appeals from the MSC 

where applicant agreement cannot be 

reached. Such appeals will be 

forwarded, in turn, to DASA(I&H) for 

consideration. 

(2) Districts. Districts designated by 

the Director of Real Estate, and their 

Chiefs of Real Estate, have been 

delegated the authority to administer, 

manage, and execute the HAP on behalf 

of all applicants. Districts (as identified 

in § 239.9 of this part) are responsible 

for the following: 

(i) Accepting applications (DD Form 

1607) for HAP and Expanded HAP 

benefits. 

(ii) Determining the eligibility of each 

applicant for Expanded HAP assistance 

using the criterion established by the 

DUSD(I&E). 

(iii) Determining and advising each 

applicant on the most appropriate type 

of assistance. 

(iv) Determining amounts to be paid, 

consistent with DoD policy, and making 

payments or authorizing and arranging 

for acquisition or transfer of the 

applicant’s property. 

(v) Maintaining, managing, and 

disposing of acquired properties or 

contracting for such services with 

private contractors. 

(vi) Processing all appeals, except 

where applicant agreement cannot be 

reached. Such appeal cases will be 

forwarded, in turn, to the MSC, CEMP– 

CR, and DASA(I&H) for consideration. 

(3) HQUSACE Major Subordinate 

Commands (MSC). MSCs have been 

delegated the authority to perform 

oversight and review of district program 

management and based upon that 

review, or in response to specific 

requests, to provide local policy 

guidance to the districts and 

recommend program changes or forward 

appeals to CEMP–CR for consideration. 

§ 239.8 Funding. 

(a) Revolving fund account. The 

revolving fund account contains money 

appropriated in accordance with the 

ARRA, and receipts from the 

management, rental, or sale of the 

properties acquired. 

(b) Appropriation, receipts, and 

allocation. Funds required for 

administration of the program will be 

made available by DoD to the 

HQUSACE. Funds provided will be 

used for purchase or reimbursement as 

provided herein and to defray expenses 

connected with the acquisition, 

management, and disposal of acquired 

properties, including payment of 

mortgages or other indebtedness, as well 

as the cost of staff services, contract 

services, Title Insurance, and other 

indemnities. 

(c) Obligation of funds. For 

government acquisition of homes under 

the authority of this Rule, funds will be 

committed prior to the Government’s 

offer to purchase is conveyed to the 

applicant. The obligation will occur 

upon timely receipt of the accepted offer 

returned by the applicant. 

§ 239.9 Application processing 

procedures. 

(a) Acceptance of applications. The 

district will accept applications (DD 

Form 1607) for HAP and Expanded HAP 

benefits submitted through the U.S. 

Mail or other delivery system direct to 

the appropriate district office. See 

§ 239.15 of this part for a list of District 

field offices. 

(b) Application Form (DD Form 1607). 

Should the DD form 1607 not provide 

all the information required to process 

Expanded HAP applications, Districts 

must provide applicants appropriate 

supplemental instructions. 

(c) Assignment of application 

numbers. (1) Assignment of application 

numbers. When a District receives an 

application, it will assign the 

application number and develop and 

maintain an individual file for each 

property. Applications for programs 

located in another District will not be 

assigned a number, but will be 

forwarded immediately to the District 

having jurisdiction. An application 

number, once assigned, will not be 

reassigned regardless of the disposition 

of the original application. Reactivation 

or reopening of a withdrawn application 

does not require a new application or 

application number. 

(2) Method of assignment. An 

application will be numbered in the 

following manner: 

(i) Agency code. Code to indicate the 

Federal agency accountable for 

installation being closed or applicant 

support: 

(A) 1—Army 

(B) 2—Air Force 

(C) 3—Navy 

(D) 4—Marine Corps 

(E) 5—Defense Agencies 

(F) 6—Non-Defense Agencies 

(G) 7—U.S. Coast Guard 

(ii) District code. 

(A) Sacramento: L2 

(B) Savannah: K6 

(C) Fort Worth: M2 

(iii) Applicant category code 

(military/civilian/wounded/surviving 

spouse/PCS): 

(A) 1 = Civilian (BRAC) 

(B) 2 = Military (BRAC) 

(C) 3 = Non-appropriated Fund 

Instrumentalities 

(D) 4 = Military Wounded 

(E) 5 = Civilian Wounded 

(F) 6 = Surviving Spouse (military 

deceased) 

(G) 7 = Surviving Spouse (civilian 

employee deceased) 

(H) 8 = Military PCS 

(iv) State: State abbreviation. 

(v) Installation number: The five digit 

ZIP Code of the applicant’s present 

(former, if they have already moved) 

installation, offices, or unit address. 

Examples are: 

(A) For a BRAC 05 applicant moving 

from the closing Saint Louis, Missouri, 

DFAS office to Minneapolis, Minnesota, 

use the ZIP Code of the city from which 

he or she is moving, e.g., 63101, for St. 

Louis, Missouri. 

(B) For wounded warrior or surviving 

spouse who moved from primary 

residence, use present installation or 

home town. 

(C) For Service members who are 

eligible based on PCS criteria, use ZIP 

Code of installation from which they 

depart. 

(vi) Application Number: Sequential 

beginning with 0001. 

Example 1: 

2 K6 2 NH0 3 8 0 30 0 0 1 

Air Force-SAS Dist.-Mil BRAC-NHPease AFB-Applicant # 

Example 2: 

1–K 6– 4– NY–1 3 6 0 2–0 0 0 2 

Army-SAS Dist-Mil Wounded-NY-Ft 

Drum-Applicant # 

(d) Real Estate Values. (1) Because the 

PFMV is the purchase price for 

Expanded HAP, no appraisal of the 

property is required. Supporting 

documentation to establish purchase 

price must be furnished by the 

applicant. Generally, Form HUD–1 will 

suffice. 

(2) Districts are responsible for 

ensuring primary residence values are 

appropriate and applicants receive 

deserved benefit payments. Districts 

will use the CoreLogic AVM to 

determine the valuation of individual 

primary residences. 


jlentini on DSKJ8SOYB1PROD with RULES
69878 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Rules and Regulations 

§ 239.10 Management controls. 

(a) Management systems. 

Headquarters, USACE has an existing 

information management system that 

manages all information related to the 

HAP program. 

(1) HAPMIS. The Homeowners 

Assistance Program Management 

Information System (HAPMIS) provides 

program management assistance to field 

offices and indicators to managers at 

field offices, regional headquarters and 

HQUSACE at the Service Member level 

of detail. The Privacy Act applies to this 

program and the management 

information system to protect the 

privacy of Expanded HAP applicant 

information. 

(2) CEFMS. The Corps of Engineers 

Financial Management System (CEFMS) 

provides detailed funds execution and 

tracking, to include: 

(i) Funds issued to field offices for 

execution accountability. 

(ii) Funds committed and obligated by 

applicant category, installation, state 

and county. 

(b) System of Records Notice (SORN). 

The Privacy Act limits agencies to 

maintaining ‘‘only such information 

about an individual as is relevant and 

necessary to accomplish a purpose of 

the agency required to be accomplished 

by statute or Executive order of the 

President.’’ 5 U.S.C. 552a(e)(1). The 

SORN for the Homeowners Assistance 

Program can be found at http://

www.defenselink.mil/privacy/notices/

army/A0405-10q_CE.shtml. The Privacy 

Impact Assessment for the system can 

be reviewed at: http://www.army.mil/

ciog6/privacy.html. Individuals seeking 

to determine whether information about 

them is contained in this system should 

address written inquiries to the Chief of 

Engineers, Headquarters U.S. Army 

Corps of Engineers, Attn: CERE–R, 441 

G Street, NW., Washington, DC 20314– 

1000. 

§ 239.11 Appeals. 

Applicant appeals will be processed 

at the district level and forwarded 

through HQUSACE for review. The 

HQUSACE may approve an appeal but 

must forward any recommendation for 

denial to the DASA(I&H) for review and 

consideration. DASA(I&H) may approve 

an appeal but must forward 

recommendations for denial to the 

DUSD(I&E) for decision. The DUSD(I&E) 

is the senior appeals authority for 

appeals submitted by applicants. 

§ 239.12 Tax documentation. 

For disbursed funds, tax documents 

(if necessary) will be certified by 

HQUSACE Finance Center and 

distributed to applicants and the 

Internal Revenue Service (IRS) annually. 

§ 239.13 Program performance reviews. 

HQUSACE will prepare monthly 

program performance reviews using the 

HAPMIS; HQUSACE Annual 

Management Command Plan and 

Management Control Checklist. In 

addition, program monitoring will also 

be conducted (through HAPMIS and 

CEFMS reports) at the Headquarters 

Department of the Army and at the 

DUSD(I&E) levels. 

§ 239.14 On-site inspections. 

The HQUSACE and its major 

subordinate commands may conduct 

periodic on-site inspections of district 

offices and monitor program execution 

through HAPMIS and CEFMS reports. 

§ 239.15 List of HAP field offices. 

Field office For installations located in: 

U.S. Army Engineer District, Sacramento, CESPK, 1325 J Street, Sacramento, CA 95814–2922, (916) 557–6850 OR, 1–800–811–5532, 

Internet Address: http://www.spk.usace.army.mil.

Alaska, Arizona, California, Nevada, Utah, Idaho, Oregon, Washington, 

Montana, Pacific Ocean Rim, and Hawaii. 

U.S. Army Engineer District, Savannah, CESAS, Attn: RE–AH, P.O. 

Box 889, Savannah, GA 31402–0889, 1–800-861–8144, Internet Address: http://www.sas.usace.army.mil.

Alabama, Georgia, North Carolina, South Carolina, Florida, Ohio, Illinois, Indiana, Maryland, Delaware, Michigan, Kentucky, District of 

Columbia, Virginia, Pennsylvania, Tennessee, New Hampshire, 

Rhode Island, New York, Vermont, Mississippi, Massachusetts, Connecticut, Maine, New Jersey, West Virginia and Europe. 

U.S. Army Engineer District, Fort Worth, CESWF, P.O. Box 17300, Fort 

Worth, TX 76102–0300, (817) 886–1112, 1–888–231–7751, Internet 

Address: http://www.swf.usace.army.mil.

Arkansas, Louisiana, Oklahoma, Texas, New Mexico, Colorado, Iowa, 

Nebraska, Michigan, Minnesota, North and South Dakota, Wisconsin, 

Wyoming, Kansas, and Missouri. 

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: November 10, 2010. 

Morgan F. Park, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2010–28756 Filed 11–15–10; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–1006] 

Drawbridge Operation Regulation; 

Neuse River, New Bern, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has issued a temporary 

deviation from the regulations 

governing the operation of the Neuse 

River Railroad Bridge across Neuse 

River, mile 34.2, at New Bern, NC. This 

closure is necessary to facilitate 

mechanical repairs. 

DATES: This deviation is effective from 

8 a.m. on November 16, 2010 through 8 

a.m. on November 18, 2010. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2010– 

1006 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–1006 in the ‘‘Keyword’’ box 

and then clicking ‘‘Search.’’ They are 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Waverly W. Gregory, Jr., Bridge 

Administrator, Fifth Coast Guard 

District; telephone 757–398–6222, eVerDate Mar<15>2010 16:46 Nov 15, 2010 Jkt 223001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\16NOR1.SGM 16NOR1

jlentini on DSKJ8SOYB1PROD with RULES