Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 50109 

ANM MT, E5 Ronan, MT [New] 

Ronan Airport, MT 

(Lat. 47°34′02′′ N., long. 114°06′04′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 8.4-mile 

radius of Ronan Airport. 

* * * * * 

Issued in Seattle, Washington, on 

September 18, 2009. 

William Buck, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. E9–23104 Filed 9–29–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[DOD–2009–OS–0090] 

RIN 0790–AI58 

32 CFR Part 239 

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: Interim 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 expanded the 

HAP to provide assistance to: Wounded 

members of the Armed Forces (30% 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. 

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. 

DATES: This rule is effective September 

30, 2009. Comments must be received 

by October 30, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number and or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Deanna Buchner, (703) 602–4353. 

SUPPLEMENTARY INFORMATION: The 

prompt implementation of the interim 

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 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. 

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 

submitted to the Office of Management 

and Budget for approval. 

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. 


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50110 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 

■ 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 review. 

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, 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, title 42, United States Code, to 

provide assistance to: Wounded, 

Injured, or Ill members of the Armed 

Forces (30% 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 

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. 

(a) It is DoD policy, in implementing 

section 3374 of title 42, United States 

Code, as amended by Section 1001 of 

the ARRA (Public Law 111–5), that 

those eligible (see § 239.6 of this part) to 

participate in the HAP and Expanded 

HAP are treated fairly and receive 

available benefit as quickly as 

practicable. 

(b) Detailed regulations regarding the 

determination of available benefits, can 

also be found in the circular (EC 405– 

1–18a) published by the HQUSACE, as 

directed by the Secretary of the Army as 

the DoD Executive Agent for the 

Expanded HAP. Changes to the 

Engineering Circular for the Expanded 

Homeowners Assistance Program will 

be submitted for OMB review as 

required. 

§ 239.4. Definitions. 

(a) Armed Forces. The Army, Navy, 

Air Force, Marine Corps, and Coast 

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

United States Code, as stipulated in 

section 1001(p) of Pub. L. 111–5). 

(b) 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. 

(c) 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. 

(d) 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. Funds 

from a refinanced or subsequent 

mortgage that were used for other 

purposes are not eligible and may not be 

considered. For permanently reassigned 

members of the Armed Forces, all 

payments on an eligible mortgage must 

be current as of the report-not-later-than 

date. 

(e) 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, United States Code. 

(f) Market impact zone. The county, 

city, or parish in which the primary 

residence is located. 

(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. 

(i) 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 USACE 

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 (i.e., 

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. 


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(j) 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, 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, United States 

Code, 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 the PFMV of the 

primary residence, or 

(ii) The total amount of the eligible 

mortgage(s) that remains outstanding. 

(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, 

for example, a deficiency judgment. 

(4) Applicable Percentage. (i) If an 

applicant is eligible under § 239.6(a)(3) 

or (4) and sells the primary residence, 

the applicable percentage shall be 90% 

of the PFMV. In addition, closing costs 

incurred on the sale may be reimbursed. 

(ii) If an applicant is eligible under 

§ 239.6(a)(3) or (4) and is unable to sell 

the primary residence after 

demonstrating reasonable efforts to sell, 

the applicable percentage shall be 75% 

of the PFMV. Closing costs incurred on 

the sale will not be reimbursed. 

(iii) If an applicant is eligible under 

§ 239.6(a)(1) or (2), the applicable 

percentage, regardless of whether the 

applicant sells the primary residence, 

shall be 95% of the PFMV. In addition, 

closing costs incurred on the sale may 

be reimbursed. 

(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 95 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, benefit is paid 

directly to the applicant. 

(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. 

(3) Foreclosure: In the case of a 

foreclosure, benefit is paid to lien 

holder for legally enforceable liabilities. 

(d) Tax Implications. Under current 

law, Expanded HAP benefits, including 

any payment of closing costs, are 

taxable and subject to withholding. 

(1) Expanded HAP payments to, or on 

behalf of, all civilian applicants are 

considered income and are taxable as 

wages. 

(2) Payments to, or on behalf of, all 

members of the Armed Forces are 

considered income and are taxable. 

Payments to military members are not 

subject to social security or Medicare 

taxes. 

§ 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 or Air Force) 

certifies that the member is likely, by a 

preponderance of the evidence, to 

receive a disability rating of 30% 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 needs 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 

member, by a preponderance of the 

evidence, meets the criteria for a 

disability rating of 30% 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 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 needs 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. 


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50112 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 

(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 assigned on May 

13, 2005, to an installation or unit 

identified for closure or realignment 

under the 2005 round of the Base 

Realignment and Closure Act of 1990: 

(i) Whose position is eliminated or 

transferred because of the realignment 

or closure; and 

(ii) Who accepts employment or is 

required to relocate because of a transfer 

beyond the normal commuting distance 

from the primary residence (50 miles). 

(4) Permanently Reassigned Members 

of the Armed Forces. Members 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: 

(A) Has suffered at least a 10% market 

impact zone home value loss between 

July 1, 2006 and date of application for 

Expanded HAP benefits for the county/ 

parish/city in which their primary 

residence is located, and 

(B) A decline of at least a 10% 

personal home value loss from the date 

of purchase to date of sale. 

(ii) The Wounded, Injured, or Ill and 

surviving spouses do not need to show 

either type of minimum economic 

impact. 

(2) Timing of Purchase. (i) BRAC 2005 

Members and Civilian Employees must 

have purchased their primary residence 

before May 13, 2005, the date of the 

BRAC 2005 announcement. 

(ii) Permanently reassigned members 

of the Armed Forces must have 

purchased their primary residence 

before July 1, 2006. 

(iii) Wounded, injured, or ill or 

Surviving Spouses are eligible for 

compensation without respect to date of 

purchase. 

(3) Maximum Home Purchase Price. 

The PFMV may not exceed an amount 

equal to the 2009 Fannie Mae/Freddie 

Mac conforming loan limits (as 

amended by the ARRA of 2009). These 

conforming loan limits range from 

$417,000 to $729,500. They apply for 

the duration of the Expanded HAP and 

are established for each city/county/ 

parish as appropriate. 

(4) Date of Assignment; Report Date; 

Basis for Relocation. (i) Date of 

Assignment, Report Date. (A) On May 

13, 2005, 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. 

(B) For initial implementation, 

Permanently Reassigned Members of the 

Armed Forces must have received 

qualifying orders to relocate dated 

between February 1, 2006, and 

December 31, 2009. The orders must 

specify a report-no-later-than date of on 

or before February 28, 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 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)), as the DoD Executive 

Agent for administering, managing, and 

executing the Expanded 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, 

subject to review by the DUSD(I&E). 

(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. The 

DASA(I&H) will 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 liaison with the nearest HAP 

field office to obtain guidance or 

assistance on the Expanded 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) Process appeal cases from the 

MSC where applicant agreement cannot 

be reached. Such appeal cases 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 claimants. 

(i) Districts (as identified in § 239.9) 

will accept applications (DD Form 1607) 

for HAP and Expanded HAP benefits. 

(ii) Determine the eligibility of each 

applicant for Expanded HAP assistance 

using the criterion established by the 

DUSD(I&E). 

(iii) Determine and advise each 

applicant on the most appropriate type 

of assistance. 

(iv) Determine amounts to be paid, 

consistent with DoD policy, and make 

payments or authorize and arrange for 

acquisition or transfer of the applicant’s 

property. 

(v) Maintain, manage, and dispose of 

acquired properties or contract for such 

services with private contractors. 

(vi) Process all cases, 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. 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 

appeal cases 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, insurance, and other 

indemnities. 

(c) Obligation of Funds. For 

government acquisition of homes under 

the authority of this part, funds will be 

committed not to exceed 60 days 

following the date 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 single 

point of entry at http:// 

hap.usace.army.mil/. 

(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 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 Dist.: L2. 

(B) Savannah Dist.: K6. 

(C) Fort Worth Dist.: 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). 

(F)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, office or unit address. 

Examples are: 

(A) For a BRAC 05 applicant moving 

from the closing Saint Louis, MO, DFAS 

office to Minneapolis, MN, use the ZIP 

code of the city from which he or she 

is moving, e.g., 63101, for St. Louis, MO. 

(B) For wounded warrior or surviving 

spouse who moved from primary 

residence, use present installation or 

hometown. 

(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. 


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(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. 

(i) Trend indications of applicants’ 

county, city or parish: HQUSACE 

subscribes the CoreLogic real estate 

value database system. Districts will use 

the CoreLogic trend report to determine 

the eligibility of an applicant’s county, 

city, or parish. 

(ii) Valuation of Individual Primary 

Residences: Run CoreLogic AVM on an 

applicant’s primary residence. 

§ 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 in 

formation system to protect the privacy 

information of Expanded HAP 

applicants. 

(2) CEFMS. The Corps of Engineers 

Financial Management System (CEFMS) 

will provide 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 the MSC, CEMP–CR 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. 

§ 239.12. Tax Documentation. 

For disbursed funds, tax documents 

will be certified by HQUSACE Finance 

Center, and distributed to applicants 


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and the Internal Revenue Service (IRS) 

on an annual basis. 

§ 239.13. Program Performance Reviews. 

HQUSACE will prepare monthly 

program performance reviews using the 

Homeowners Assistance Program 

Management Information System; 

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 MSCs may 

conduct periodic on-site inspections of 

district offices and monitor program 

execution through HAPMIS and CEFMS 

reports. 

§ 239.9. List of HAP field offices. 

Homeowners Assistance Program 

field offices that process HAP 

applications for installations and 

applicants located in the State 

indicated. Questions should be directed 

to the field office listed within the State 

applicable to the installation. 

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, Pacific 

Ocean Rim, Washington, Montana 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/hapinv/index.html.

Georgia, North Carolina, South Carolina, Alabama, Mississippi, Tennessee, Florida, Illinois, Indiana, Kentucky, Michigan, Ohio, Maryland, Delaware, District of Columbia, Pennsylvania, Virginia, Rhode 

Island, New York, Vermont, New Hampshire, 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, Real Estate 

Directorate, Military Division, 441 G 

Street, NW., Washington, DC 20314– 

1000. 

Dated: September 23, 2009. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E9–23418 Filed 9–29–09; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2004–0014; FRL–8937–8] 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Reconsideration of 

Inclusion of Fugitive Emissions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of grant of 

reconsideration and administrative stay 

of regulation. 

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) is providing 

notice that through a letter signed by the 

Administrator on April 24, 2009, EPA 

granted a petition for reconsideration of 

the final rule titled, ‘‘Prevention of 

Significant Deterioration (PSD) and 

Nonattainment New Source Review 

(NSR): Reconsideration of Inclusion of 

Fugitive Emissions,’’ published on 

December 19, 2008 (Fugitive Emissions 

Rule). EPA’s decision to reconsider was 

in response to a request made by 

Natural Resources Defense Council 

(NRDC) in a letter dated February 17, 

2009. 

DATES: The amendments to 40 CFR parts 

51 and 52 in this rule are effective from 

September 30, 2009 through December 

30, 2009. Effective September 30, 2009, 

the following CFR sections are 

administratively stayed until December 

30, 2009: 40 CFR 51.165(a)(1)(v)(G), 

(a)(1)(vi)(C)(3), (a)(1)(ix), 

(a)(1)(xxviii)(B)(2), (a)(1)(xxviii)(B)(4), 

(a)(1)(xxxv)(A)(1), (a)(1)(xxxv)(B)(1), 

(a)(1)(xxxv)(C), (a)(1)(xxxv)(D), 

(a)(2)(ii)(B), (a)(6)(iii), (a)(6)(iv), and 

(f)(4)(i)(D); 40 CFR 51.166, (a)(7)(iv)(b), 

(b)(2)(v), (b)(3)(iii)(c), (b)(3)(iii)(d), 

(b)(20), (b)(40)(ii)(b), (b)(40)(ii)(d), 

(b)(47)(i)(a), (b)(47)(ii)(a), (b)(47)(iii), 

(b)(47)(iv), (r)(6)(iii) and (r)(6)(iv), and 

(w)(4)(i)(d); 40 CFR part 51, Appendix 

S, paragraphs II.A.5(vii), II.A.6(iii), 

II.A.9, II.A.24(ii)(b), II.A.24(ii)(d), 

II.A.30(i)(a), II.A.30(ii)(a), II.A.30(iii), 

II.A.30(iv), IV.I.1(ii), IV.J.3, IV.J.4, and 

IV.K.4(i)(d); and 40 CFR 52.21, 

(a)(2)(iv)(b), (b)(2)(v), (b)(3)(iii)(b), 

(b)(3)(iii)(c), (b)(20), (b)(41)(ii)(b), 

(b)(41)(ii)(d), (b)(48)(i)(a), (b)(48)(ii)(a), 

(b)(48)(iii), (b)(48)(iv), (r)(6)(iii), 

(r)(6)(iv), and (aa)(4)(i)(d). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carrie Wheeler, Air Quality Policy 

Division, (C504–03), U.S. 

Environmental Protection Agency, 

Research Triangle Park, NC, 27711; 

telephone number: (919) 541–9771; or 

e-mail address: wheeler.carrie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background Information 

In addition to granting the petition for 

reconsideration in the April 24, 2009 

letter, EPA indicated that it was 

administratively staying the rule for 

three months from the date of the letter. 

Since the initial decision to grant the 

stay, EPA has learned that under the 

present circumstances and in 

accordance with the Office of Federal 

Register’s regulations, the effective date 

of the administrative stay of the Fugitive 

Emissions Rule must be a date on or 

after publication of notice announcing 

the stay in the Federal Register. As a 

result, EPA is announcing that the 

corrected effective date of the stay is the 

date of publication of this notice. This 

stay of the Fugitives Emissions Rule will 

be effective for a period of three months 

beginning with the publication of this 

document in the Federal Register. To 

effectuate this stay of the December 19, 

2008 rule, we are reinstating previous 

provisions on a temporary basis. The 

EPA will publish a document in the 

Federal Register establishing a 

comment period and opportunity for a 

public hearing for the reconsideration 

proceeding. 

The petition for reconsideration and 

request for administrative stay can be 

found in the docket for the December 

19, 2008 rule. EPA’s April 24, 2009 

letter responding to NRDC’s request for 

reconsideration is also in the docket. 

EPA considered the petition for 

reconsideration and request for stay, 

along with information contained in the 

rulemaking docket, in reaching a 

decision on both the reconsideration 


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