69870 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Rules and Regulations 

[FR Doc. 2010–28399 Filed 11–15–10; 8:45 am] 

BILLING CODE 4910–13–C 

DEPARTMENT OF JUSTICE 

28 CFR Part 0 

[Docket No. OAG 136; A.G. Order No. 3227– 

2010] 

Delegation of Authority Under 18 

U.S.C. 249 

AGENCY: Department of Justice. 

ACTION: Final rule. 

SUMMARY: This rule amends 28 CFR part 

0 to delegate the Attorney General’s 

certification authority under 18 U.S.C. 

249, relating to hate crimes, to the 

Assistant Attorney General for the Civil 

Rights Division, and, in limited 

circumstances, to the Assistant Attorney 

General for the Criminal Division. 

DATES: Effective Date: November 16, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert Moossy, Acting Section Chief, 

Civil Rights Division, Criminal Section, 

Patrick Henry Building, 950 

Pennsylvania Avenue, NW., 

Washington, DC 20530, (202) 305–2445. 

SUPPLEMENTARY INFORMATION: On 

October 28, 2009, President Obama 

signed into law the Matthew Shepard 

and James Byrd, Jr., Hate Crimes 

Prevention Act of 2009 (Shepard-Byrd 

Act). Among other things, the ShepardByrd Act created a new federal hate 

crime statute to be codified at 18 U.S.C. 

249. The Shepard-Byrd Act expressly 

provides that no prosecution under 

section 249 may be undertaken without 

a written certification by the Attorney 

General (or a designee) that the State 

does not have jurisdiction; the State has 

requested that the federal government 

assume jurisdiction; the verdict or 

sentence obtained through State charges 

left demonstrably unvindicated the 

federal interest in eradicating biasmotivated violence; or a prosecution by 

the federal government is in the public 

interest and necessary to secure 

substantial justice. The statute expressly 

allows the Attorney General to delegate 

this certification authority to a designee, 

and this rule accordingly amends 28 

CFR part 0 to delegate the Attorney 

General’s certification authority under 

18 U.S.C. 249 to the Assistant Attorney 

General for the Civil Rights Division, 

and, in limited circumstances, to the 

Assistant Attorney General for the 

Criminal Division. 

Regulatory Certifications 

This rule is a rule of agency 

organization, procedure, and practice 

and is limited to matters of agency 

management and personnel. 

Accordingly: (1) This rule is exempt 


jlentini on DSKJ8SOYB1PROD with RULESER16NO10.000</GPH>
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) 


jlentini on DSKJ8SOYB1PROD with RULES