Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Rules and Regulations 39627 

General Counsel, at 202–418–6636, 

mfajfar@cftc.gov, Julian E. Hammar, 

Assistant General Counsel, at 202–418– 

5118, jhammar@cftc.gov, or David E. 

Aron, Counsel, at 202–418–6621, 

daron@cftc.gov, Office of General 

Counsel; Gary Barnett, Director, at 202– 

418–5977, gbarnett@cftc.gov, or Frank 

Fisanich, Deputy Director, at 202–418– 

5949, ffisanich@cftc.gov, Division of 

Swap Dealer and Intermediary 

Oversight, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW., Washington, DC 

20581; 

SEC: Joshua Kans, Senior Special 

Counsel, Richard Grant, Special 

Counsel, or Richard Gabbert, Attorney 

Advisor, at 202–551–5550, Division of 

Trading and Markets, Securities and 

Exchange Commission, 100 F Street NE., 

Washington, DC 20549–7010. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2012–10562 appearing on page 30596 in 

the Federal Register of Wednesday, 

May 23, 2012, the following corrections 

are made. 

■ 1. On page 30685, in the third column, 

in footnote 1094, the words ‘‘CFTC 

Regulation § 1.3(mmm)(2);’’ are 

removed. 

§ 1.3 [Corrected] 

■ 2. On page 30745, in the second 

column, correct paragraph (ggg)(4)(ii)(D) 

to read as follows: 

§ 1.3 Definitions. 

* * * * * 

(ggg) * * * 

(4) * * * 

(ii) * * * 

(D) If the phase-in termination date 

has not been previously established 

pursuant to paragraph (ggg)(4)(ii)(C) of 

this section, then in any event the 

phase-in termination date shall occur 

five years after the date that a swap data 

repository first receives swap data in 

accordance with part 45 of this chapter. 

* * * * * 

■ 3. On page 30747, in the third column, 

correct paragraph (hhh)(6)(iii)(B)(2) to 

read as follows: 

§ 1.3 Definitions. 

* * * * * 

(hhh) * * * 

(6) * * * 

(iii) * * * 

(B) * * * 

(2) The sum of the amount calculated 

under paragraph (hhh)(6)(iii)(B)(1) of 

this section and the product of the total 

effective notional principal amount of 

the person’s swap positions in all major 

swap categories multiplied by 0.15 is 

less than $1 billion. 

* * * * * 

■ 4. On page 30749, in the third column, 

correct paragraph (jjj)(3)(iii)(A) to read 

as follows: 

§ 1.3 Definitions. 

* * * * * 

(jjj) * * * 

(3) * * * 

(iii) * * * 

(A) Potential outward exposure equals 

the potential exposure that would be 

attributed to such positions using the 

procedures in paragraph (jjj)(3)(ii) of 

this section multiplied by: 

(1) 0.1, in the case of positions cleared 

by a registered or exempt clearing 

agency or derivatives clearing 

organization; or 

(2) 0.2, in the case of positions that 

are subject to daily mark-to-market 

margining but that are not cleared by a 

registered or exempt clearing agency or 

derivatives clearing organization. 

* * * * * 

Dated: June 29, 2012. 

Commodity Futures Trading Commission. 

David A. Stawick, 

Secretary. 

Dated: June 29, 2012. 

Securities and Exchange Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2012–16409 Filed 7–3–12; 8:45 am] 

BILLING CODE 8011–01–P; 6351–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 239 

[DOD–2009–OS–0090; RIN 0790–AI83] 

Homeowners Assistance Program— 

Application Processing 

AGENCY: Under Secretary of Defense for 

Acquisition, Technology, and Logistics, 

Office of the Deputy Under Secretary of 

Defense (Installations and 

Environment), DoD. 

ACTION: Direct final rule. 

SUMMARY: This direct final rule makes 

non-substantive changes to the 

Expanded Homeowners Assistance 

Program (HAP) rule. The Expanded 

HAP, authorized in the American 

Recovery and Reinvestment Act for 

2009 (‘‘the Act’’), provided much 

needed assistance to military and 

civilian employees, and spouses of 

military members who died in the line 

of duty. However, the Expanded HAP 

eligibility criteria established in the Act, 

including those criteria that were 

subsequently changed through 

administrative rulemaking procedures, 

did not establish a deadline for when 

applications must be submitted to DoD. 

These changes inform applicants of 

application deadlines and the current 

field office address for submitting 

applications. These changes do not 

impact the eligibility criteria or other 

policies and procedures prescribed in 

the rule. 

DATES: This direct final rule is effective 

September 4, 2012 unless Agency 

receives significant adverse comments 

by midnight Eastern Standard Time on 

August 6, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Phyllis Newton, 703–571–9060. 

SUPPLEMENTARY INFORMATION: Due to 

funding limitations, in the Expanded 

HAP Final Rule, the Permanent Change 

of Station (PCS) eligibility criterion date 

for when PCS orders needed to be 

issued was changed from September 30, 

2012, to September 30, 2010, but the 

Final Rule retained the September 30, 

2012, date for when the house must be 

sold. In accordance with the Act, the 

Base Realignment and Closure (BRAC) 

2005 eligibility criterion will terminate 

on September 30, 2012, a full year after 

implementation of the BRAC 2005 

round. It is appropriate to establish 

application deadlines for Expanded 

HAP benefits for the PCS and BRAC 

2005 categories. To that end, this rule 

will amend 32 CFR part 239 by adding 

two paragraphs to Section 239.9(a) to 

establish the application deadlines. This 

change does not eliminate anyone’s 

eligibility; rather it simply requires 

filing of applications in a timely 

manner. Submission of the applications 

by the specified deadlines is sufficient 

even if further documentation is 

required. 

Additionally, the amendment will 

revise the HAP Field Office address for 

the submission of HAP applications. 

The three former field offices were 

consolidated into one field office in 

Savannah, Georgia. 

The prompt implementation of the 

Direct Final Rule is of critical 

importance. Due to the current 

economic climate, continuing the 

Expanded HAP provisions for PCS and 

BRAC 2005 categories is no longer 

viable. This Direct Final Rule makes 

nonsubstantive changes to the 

Expanded HAP rule. These changes 

inform applicants of application 

deadlines and the current field office 

address for submitting applications. 

These changes do not impact the 

eligibility criteria or other policies and 

procedures prescribed in the rule. 

Additionally, the Department of 

Defense has determined that these 


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39628 Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Rules and Regulations 

changes to the final rule are exempt 

from public comment as the application 

deadline is the same as the program 

termination deadline for the Expanded 

HAP that was previously established 

and codified in the final rule and the 

change of address for the field office is 

an administrative change. 

Direct Final Rule and Significant 

Adverse Comments 

DoD has determined this rulemaking 

meets the criteria for a direct final rule 

because it involves nonsubstantive 

changes dealing with DoD’s 

management of its Expanded HAP. DoD 

expects no opposition to the changes 

and no significant adverse comments. 

However, if DoD receives a significant 

adverse comment, the Department will 

withdraw this direct final rule by 

publishing a notice in the Federal 

Register. A significant adverse comment 

is one that explains: (1) Why the direct 

final rule is inappropriate; or (2) why 

the direct final rule will be ineffective 

or unacceptable without a change. A 

significant adverse comment is not a 

comment that addresses the order of 

application processing, the ten percent 

home value loss, and the date of home 

purchase. In determining whether a 

comment necessitates withdrawal of 

this direct final rule, DoD will consider 

whether it warrants a substantive 

response in a notice and comment 

process. 

Executive Summary 

I. Purpose of the Regulatory Action 

a. The Expanded Homeowners 

Assistance Program (HAP), authorized 

in the American Recovery and 

Reinvestment Act of 2009 (‘‘the Act’’), 

provided much needed assistance to 

military and civilian employees, and 

spouses of military members who died 

in the line of duty. However, the 

Expanded HAP eligibility criteria 

established in the Act, including those 

criteria that were subsequently changed 

through administrative rulemaking 

procedures, did not establish a deadline 

for when applications must be 

submitted to DoD. Based on reductions 

in the Defense budget in Fiscal Year 

2012 and beyond, continuing the 

Expanded HAP provisions for 

Permanent Change of Station (PCS) and 

Base Realignment and Closure (BRAC) 

2005 categories is no longer viable. In 

the Expanded HAP Final Rule, the PCS 

eligibility criterion date was changed 

from September 30, 2012, to September 

30, 2010, due to funding limitations. 

However, the Department continues to 

receive more than 100 eligible 

applications per month for the PCS 

category. Per the Act, the BRAC 2005 

eligibility criterion will terminate on 

September 30, 2012, a full year after the 

statutory completion of the BRAC 2005 

round. It is now time to establish 

application deadlines for Expanded 

HAP benefits for the PCS and BRAC 

2005 categories. To that end, this rule 

will amend 32 CFR part 239 by adding 

two paragraphs to Section 239.9(a) to 

establish the application deadlines. 

b. 42 United States Code, Section 

3374, as amended. 

II. Summary of the Major Provisions of 

the Regulatory Action in Question 

The HAP Rule, Section 239.9(a) will 

be amended to add application 

deadlines for the submission of PCS and 

BRAC 2005 benefits. This change does 

not eliminate anyone’s eligibility; rather 

it simply requires filing of applications 

in a timely manner. Submission of the 

applications by the specified deadlines 

is sufficient even if further 

documentation is required. 

Additionally, the amendment will 

revise the HAP Field Office address for 

the submission of HAP applications. 

The three former field offices were 

consolidated into one field office in 

Savannah, Georgia. 

III. Costs and Benefits 

There is no cost to the public. The 

Department of Defense administrative 

costs for implementation of the 

authorities under this rule are eight (8) 

percent of the funds appropriated to 

execute the Expanded HAP. Workload 

will be accomplished with additional 

staffing and be integrated into normal 

business. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been determined that this rule 

is a significant regulatory action. 

This rule does not: 

(1) Have an annual effect on the 

economy of $100 million or more, or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local or tribal governments or 

communities; (2) Create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency; or 

(3) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive Orders. 

This rule does: 

Materially alter the budgetary impact 

of entitlements, grants, user fees, or loan 

programs, or the rights and obligations 

of recipients thereof. 

OMB has reviewed this rule. 

Sec. 202, Pub. L. 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

It has been certified that 32 CFR part 

239 does not contain a Federal mandate 

that may result in expenditure by State, 

local and tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

239 is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

Public Law 96–511, ‘‘Paperwork 

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

It has been certified that this rule does 

impose additional reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. The 

HAP Application is approved under 

OMB Control Number 0704–0463. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

239 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 239 

Government employees; Grant 

programs—housing and community 

development; Housing; Military 

personnel. 

Accordingly, 32 CFR part 239 is 

amended as follows: 

PART 239—[AMENDED] 

■ 1. The authority citation for part 239 

continues to read as follows: 

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

■ 2. Section 239.9 is amended by adding 

paragraphs (a)(1) and (2) to read as 

follows: 

§ 239.9. Application processing 

procedures. 

(a) * * * 

(1) Applications for benefits by 

members of the Armed Forces due to 

eligibility pursuant to § 239.6(a)(4) of 


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Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Rules and Regulations 39629 

this part because of permanent 

reassignment must be submitted directly 

to the U.S. Army Corps of Engineers 

field office identified in § 239.15 of this 

part by U.S. Mail or commercial 

delivery service, and must be 

postmarked or deposited with the 

commercial delivery service no later 

than September 30, 2012. Applications 

postmarked or deposited after 

September 30, 2012, will not be 

accepted. 

(2) Applications of eligible personnel 

for benefits due to eligibility pursuant to 

§ 239.6(a)(3) of this part because of 

BRAC 2005 must be submitted directly 

to the U.S. Army Corps of Engineers 

field office identified in § 239.15 of this 

part by U.S. Mail or commercial 

delivery service, and must be 

postmarked or deposited with the 

commercial delivery service no later 

than September 30, 2012. Applications 

postmarked or deposited after 

September 30, 2012, will not be 

accepted. 

* * * * * 

■ 3. Section 239.15 is revised to read as 

follows: 

§ 239.15. List of HAP Field Offices. 

HAP FIELD OFFICE 

U.S. Army Engineer District, 

Savannah, Corps of Engineers, Attn: 

CESAS–RE–HM, 100 West Oglethorpe 

Avenue, Savannah, Georgia 31401– 

3604, 1–800–861–8144, Internet 

Address: http://www.sas.usace.army.

mil. 

HAP CENTRAL OFFICE 

Homeowners Assistance Program, HQ 

U.S. Army Corps of Engineers Real 

Estate Directorate, Military Division, 

441 G Street NW., Washington, DC 

20314–1000. 

Dated: June 29, 2012. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2012–16420 Filed 7–3–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 706 

Certifications and Exemptions Under 

the International Regulations for 

Preventing Collisions at Sea, 1972 

AGENCY: Department of the Navy, DoD. 

ACTION: Final rule. 

SUMMARY: The Department of the Navy 

(DoN) is amending its certifications and 

exemptions under the International 

Regulations for Preventing Collisions at 

Sea, 1972 (72 COLREGS), to reflect that 

the Deputy Assistant Judge Advocate 

General (DAJAG) (Admiralty and 

Maritime Law) of the DoN has 

determined that USS HARRY S. 

TRUMAN (CVN 75) is a vessel of the 

Navy which, due to its special 

construction and purpose, cannot 

comply fully with certain provisions of 

the 72 COLREGS without interfering 

with its special function as a naval ship. 

The intended effect of this rule is to 

warn mariners in waters where 72 

COLREGS apply. 

DATES: This rule is effective July 5, 2012 

and is applicable beginning June 25, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Jocelyn Loftus-Williams, 

JAGC, U.S. Navy, Admiralty Attorney, 

(Admiralty and Maritime Law), Office of 

the Judge Advocate General, Department 

of the Navy, 1322 Patterson Ave. SE., 

Suite 3000, Washington Navy Yard, DC 

20374–5066, telephone number: 202– 

685–5040. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the authority granted in 33 U.S.C. 

1605, the DoN amends 32 CFR part 706. 

This amendment provides notice that 

the DAJAG (Admiralty and Maritime 

Law) of the DoN, under authority 

delegated by the Secretary of the Navy, 

has certified that USS HARRY S. 

TRUMAN is a vessel of the Navy which, 

due to its special construction and 

purpose, cannot comply fully with the 

following specific provisions of 72 

COLREGS without interfering with its 

special function as a naval ship: Annex 

I, paragraph 3(a), pertaining to the 

placement of the forward masthead light 

in the forward quarter of the ship; 

Annex I, paragraph 2(g), pertaining to 

the placement of the sidelights above 

the hull; and Annex I, paragraph 

2(i)(iii), pertaining to the vertical line 

spacing of the task lights. The DAJAG 

(Admiralty and Maritime Law) has also 

certified that the lights involved are 

located in closest possible compliance 

with the applicable 72 COLREGS 

requirements. 

Moreover, it has been determined, in 

accordance with 32 CFR parts 296 and 

701, that publication of this amendment 

for public comment prior to adoption is 

impracticable, unnecessary, and 

contrary to public interest since it is 

based on technical findings that the 

placement of lights on this vessel in a 

manner differently from that prescribed 

herein will adversely affect the vessel’s 

ability to perform its military functions. 

List of Subjects in 32 CFR Part 706 

Marine safety, Navigation (water), and 

Vessels. 

For the reasons set forth in the 

preamble, amend part 706 of title 32 of 

the CFR as follows: 

PART 706—CERTIFICATIONS AND 

EXEMPTIONS UNDER THE 

INTERNATIONAL REGULATIONS FOR 

PREVENTING COLLISIONS AT SEA, 

1972 

■ 1. The authority citation for part 706 

continues to read: 

Authority: 33 U.S.C. 1605. 

■ 2. Section 706.2 is amended as 

follows: 

■ A. In Table Two by revising the entry 

for USS HARRY S. TRUMAN (CVN 75); 

■ B. In Table Four, paragraph 22, by 

adding, in alpha numerical order, the 

following entry for USS HARRY S. 

TRUMAN (CVN 75); and 

■ C. In Table Five by revising the entry 

for USS HARRY S. TRUMAN (CVN 75). 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

TABLE TWO

Vessel Number 

Masthead 

lights, 

distance to 

stbd of keel 

in meters; 

Rule 21(a) 

Forward 

anchor light, 

distance 

below flight 

dk in 

meters; 

§ 2(K), 

Annex I 

Forward 

anchor light, 

number of; 

Rule 

30(a)(i) 

AFT anchor 

light, 

distance 

below flight 

dk in 

meters; 

Rule 21(e), 

Rule 

30(a)(ii) 

AFT anchor 

light, 

number of; 

Rule 

30(a)(ii) 

Side lights, 

distance 

below flight 

dk in 

meters; 

§ 2(g), 

Annex I 

Side lights, 

distance 

forward of 

forward 

masthead 

light in 

meters; 

§ 3(b), 

Annex I 

Side lights, 

distance 

inboard of 

ship’s sides 

in meters; 

§ 3(b), 

Annex I 

*******

USS HARRY S. TRUMAN ....... CVN 75 ........ 30.02 .................... 1 .................... 1 0.46 .................... ....................


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