Notices. Notice

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BILLING CODE 9110-10-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-4639-N-08] Notice of HUD-Held Multifamily and Healthcare Loan Sale (MHLS 2005-2) AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice. SUMMARY: This notice announces HUD's intention to sell certain unsubsidized multifamily and healthcare mortgage loans, without Federal Housing Administration

(FHA)insurance, in a competitive, sealed bid sale (MHLS 2005-2). This notice also describes generally the bidding process for the sale and certain persons who are ineligible to bid. DATES: The Bidder Information Package

(BIP)was made available to qualified bidders on August 10, 2005. Bids for the loans must be submitted on the bid date, which is currently scheduled for September 13, 2005. HUD anticipates that awards will be made on or before September 15, 2005. Closings are expected to take place on September 21, 2005. ADDRESSES: To become a qualified bidder and receive the BIP, prospective bidders must complete, execute, and submit a Confidentiality Agreement and a Qualification Statement acceptable to HUD. Both documents will be available on the HUD Web site at *http://www.hud.gov/offices/hsg/comp/asset/mfam/mhls.cfm.* The executed documents must be mailed and faxed to KEMA Advisors, Inc., HUD's transaction specialist for the sale, at 1400 K Street, NW., Suite 950, Washington, DC 20005, Attention: MHLS 2005-2 Sale Coordinator, Fax: 202-464-3047. FOR FURTHER INFORMATION CONTACT: Myrna Gordon, Deputy Director, Asset Sales Office, Room 3136, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-8000; telephone 202-708-2625, extension 3369, or Gregory Bolton, Senior Attorney, Office of Insured Housing, Multifamily Division, Room 9230; telephone 202-708-0614, extension 5245. Hearing- or speech-impaired individuals may call 202-708-4594 (TTY). These are not toll-free numbers. SUPPLEMENTARY INFORMATION: HUD announces its intention to sell in MHLS 2005-2 certain unsubsidized mortgage loans (Mortgage Loans) secured by multifamily and healthcare properties located throughout the United States. The Mortgage Loans are comprised primarily of non-performing mortgage loans. A final listing of the Mortgage Loans will be included in the BIP. The Mortgage Loans will be sold without FHA insurance and with servicing released. HUD will offer qualified bidders an opportunity to bid competitively on the Mortgage Loans. The Mortgage Loans will be stratified for bidding purposes into several mortgage loan pools. Each pool will contain Mortgage Loans that generally have similar performance, property type, geographic location, lien position and other characteristics. Qualified bidders may submit bids on one or more pools of Mortgage Loans or may bid on individual loans. A mortgagor who is a qualified bidder may submit an individual bid on its own Mortgage Loan. The Bidding Process The BIP will describe in detail the procedure for bidding in MHLS 2005-2. The BIP will also include a standardized nonnegotiable loan sale agreement (Loan Sale Agreement) and a loan information CD that contains a spreadsheet with selected attributes for each Mortgage Loan. As part of its bid, each bidder must submit a deposit equal to the greater of $100,000 or ten percent of the bid price. HUD will evaluate the bids submitted and determine the successful bids in its sole and absolute discretion. If a bidder is successful, the bidder's deposit will be non-refundable and will be applied toward the purchase price. Deposits will be returned to unsuccessful bidders. Closings are scheduled to occur on September 21, 2005. These are the essential terms of sale. The Loan Sale Agreement, which will be included in the BIP, will contain additional terms and details. To ensure a competitive bidding process, the terms of the bidding process and the Loan Sale Agreement are not subject to negotiation. Due Diligence Review The BIP will describe the due diligence process for reviewing loan files in MHLS 2005-2. Qualified bidders will be able to access loan information remotely via a high speed Internet connection. Further information on performing due diligence review of the Mortgage Loans will be provided in the BIP. Mortgage Loan Sale Policy HUD reserves the right to add Mortgage Loans to or delete Mortgage Loans from MHLS 2005-2 at any time prior to the Award Date. HUD also reserves the right to reject any and all bids, in whole or in part, without prejudice to HUD's right to include any Mortgage Loans in a later sale. Mortgage Loans will not be withdrawn after the Award Date except as is specifically provided in the Loan Sale Agreement. This is a sale of unsubsidized mortgage loans. Pursuant to the Multifamily Mortgage Sale Regulations, 24 CFR 290.30 *et seq.,* the Mortgage Loans will be sold without FHA insurance. Consistent with HUD's policy as set forth in 24 CFR 290.35, HUD is unaware of any Mortgage Loan that is delinquent and secures a project

(1)for which foreclosure appears unavoidable, and

(2)in which very low-income tenants reside who are not receiving housing assistance and who would be likely to pay rent in excess of 30 percent of their adjusted monthly income if HUD sold the Mortgage Loan. If HUD determines that any Mortgage Loans meet these criteria, they will be removed from the sale. Mortgage Loan Sale Procedure HUD selected a competitive sale as the method to sell the Mortgage Loans primarily to satisfy the Mortgage Sale Regulations. This method of sale optimizes HUD's return on the sale of these Mortgage Loans, affords the greatest opportunity for all qualified bidders to bid on the Mortgage Loans, and provides the quickest and most efficient vehicle for HUD to dispose of the Mortgage Loans. Bidder Eligibility In order to bid in the sale, a prospective bidder must complete, execute and submit both a Confidentiality Agreement and a Qualification Statement acceptable to HUD. The following individuals and entities are ineligible to bid on any of the Mortgage Loans included in MHLS 2005-2: 1. Any employee of HUD, a member of such employee's household, or an entity owned or controlled by any such employee or member of such an employee's household; 2. Any individual or entity that is debarred, suspended, or excluded from doing business with HUD pursuant to Title 24 of the Code of Federal Regulations, part 24; 3. Any contractor, subcontractor and/or consultant or advisor (including any agent, employee, partner, director, principal or affiliate of any of the foregoing) who performed services for or on behalf of HUD in connection with MHLS 2005-2; 4. Any individual who was a principal, partner, director, agent or employee of any entity or individual described in subparagraph 3 above, at any time during which the entity or individual performed services for or on behalf of HUD in connection with MHLS 2005-2; 5. Any individual or entity that uses the services, directly or indirectly, of any person or entity ineligible under subparagraphs 1 through 4 above to assist in preparing any of its bids on the Mortgage Loans; 6. Any individual or entity which employs or uses the services of an employee of HUD (other than in such employee's official capacity) who is involved in MHLS 2005-2; 7. Any mortgagor (or affiliate of a mortgagor) that failed to submit to HUD on or before August 30, 2005, audited financial statements for 1998 through 2004 for a project securing a Mortgage Loan; and 8. Any individual or entity and any Related Party (as such term is defined in the Qualification Statement) of such individual or entity that is a mortgagor in any of HUD's multifamily housing programs and that is in default under such mortgage loan or is in violation of any regulatory or business agreements with HUD, unless such default or violation is cured on or before August 30, 2005. In addition, any entity or individual that serviced or held any Mortgage Loan at any time during the 2-year period prior to August 30, 2005, is ineligible to bid on such Mortgage Loan or on the pool containing such Mortgage Loan, but may bid on loan pools that do not contain Mortgage Loans that they have serviced or held at any time during the 2-year period prior to August 30, 2005. Also ineligible to bid on any Mortgage Loan are:

(a)any affiliate or principal of any entity or individual described in the preceding sentence;

(b)any employee or subcontractor of such entity or individual during that 2-year period; or

(c)any entity or individual that employs or uses the services of any other entity or individual described in this paragraph in preparing its bid on such Mortgage Loan. Prospective bidders should carefully review the Qualification Statement to determine whether they are eligible to submit bids on the Mortgage Loans in MHLS 2005-2. Freedom of Information Act Requests HUD reserves the right, in its sole and absolute discretion, to disclose information regarding MHLS 2005-2, including, but not limited to, the identity of any bidder and their bid price or bid percentage for any pool of loans or individual loan, upon the completion of the sale. Even if HUD elects not to publicly disclose any information relating to MHLS 2005-2, HUD will have the right to disclose any information that HUD is obligated to disclose pursuant to the Freedom of Information Act and all regulations promulgated thereunder. Scope of Notice This notice applies to MHLS 2005-2, and does not establish HUD's policy for the sale of other mortgage loans. Dated: September 6, 2005. Frank L. Davis, General Deputy Assistant Secretary for Housing. [FR Doc. E5-4972 Filed 9-9-05 8:45 am] BILLING CODE 4210-27-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Endangered and Threatened Wildlife and Plants; 5-Year Review of Eight Southeastern Species AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice. SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 5-year review of the Puerto Rican parrot ( *Amazona vittata* ), Puerto Rican plain pigeon (Columba (= *Patagioenas* ) inornata wetmorei), red-cockaded woodpecker ( *Picoides borealis* ), Puerto Rican boa ( *Epicrates inornatus* ), Virgin Islands tree boa ( *Epicrates monensis granti* ), guajón ( *Eleutherodactylus cooki* ), *Harrisia portoricensis* (higo chumbo), and *Adiantum vivesii* (no common name), under section 4(c)(2) of the Endangered Species Act of 1973, as amended (Act). The purpose of reviews conducted under this section of the Act is to ensure that the classification of species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants (50 CFR 17.11 and 17.12) is accurate. The 5-year review is an assessment of the best scientific and commercial data available at the time of the review. DATES: To allow us adequate time to conduct this review, information submitted for our consideration must be received on or before November 14, 2005. However, we will continue to accept new information about any listed species at any time. ADDRESSES: Information submitted on the red-cockaded woodpecker should be sent to the Field Supervisor, Clemson Field Office, U.S. Fish and Wildlife Service, 2610 Lehotsky Hall, Box 341003, Clemson, South Carolina 29634. Information on the other seven listed species should be sent to the Field Supervisor, Caribbean Field Office, U.S. Fish and Wildlife Service, P.O. Box 491, Boquero n, Puerto Rico 00622. Information received in response to this notice of review will be available for public inspection by appointment, during normal business hours, at the same address in Clemson, South Carolina, and at Cabo Rojo National Wildlife Refuge, Ecological Service Office, Carr. 301, Km. 5.1, Bo. Corozo, Boquerón, Puerto Rico, for the other seven species. FOR FURTHER INFORMATION CONTACT: Ralph Costa, Field Supervisor, Clemson, South Carolina, at address above (telephone,

(864)656-2432) or Carlos Díaz, Boquerón, Puerto Rico, at address above (telephone,

(787)851-7297, ext. 230). SUPPLEMENTARY INFORMATION: Under the Act (16 U.S.C. 1533 *et seq.* ), the Service maintains a list of endangered and threatened wildlife and plant species at 50 CFR 17.11 (for animals) and 17.12 (for plants) (collectively referred to as the List). Section 4(c)(2)(A) of the Act requires that we conduct a review of listed species at least once every five years. Then, on the basis of such reviews, under section 4(c)(2)(B), we determine whether or not any species should be removed from the List (delisted), or reclassified from endangered to threatened or from threatened to endangered. Delisting a species must be supported by the best scientific and commercial data available and only considered if such data substantiate that the species is neither endangered nor threatened for one or more of the following reasons:

(1)The species is considered extinct;

(2)the species is considered to be recovered; and/or

(3)the original data available when the species was listed, or the interpretation of such data, were in error. Any change in Federal classification would require a separate rulemaking process. The regulations at 50 CFR 424.21 require that we publish a notice in the **Federal Register** announcing those species currently under active review. This notice announces our active review of the following species that are currently federally listed as threatened: guajón and higo chumbo; and the following species currently federally listed as endangered: Puerto Rican parrot, Puerto Rican plain pigeon, red-cockaded woodpecker, Puerto Rican boa, Virgin Islands tree boa, and *Adiantum vivesii.* The List is found in 50 CFR 17.11 (wildlife) and 17.12 (plants) and is also available on our Internet site at *http://endangered.fws.gov/wildlife.html#Species.* Amendments to the List through final rules are published in the **Federal Register** . What Information Is Considered in the Review? A 5-year review considers the best scientific and commercial data that has become available since the current listing determination or most recent status review of each species, such as: A. Species biology, including but not limited to population trends, distribution, abundance, demographics, and genetics; B. Habitat conditions, including but not limited to amount, distribution, and suitability; C. Conservation measures that have been implemented to benefit the species; D. Threat status and trends (see five factors under heading “How do we determine whether a species is endangered or threatened?”); and E. Other new information, data, or corrections, including but not limited to taxonomic or nomenclatural changes, identification of erroneous information contained in the List, and improved analytical methods. Definitions Related to This Notice The following definitions are provided to assist those persons who contemplate submitting information regarding the species being reviewed: A. *Species* includes any species or subspecies of fish, wildlife, or plant, and any distinct population segment of any species of vertebrate which interbreeds when mature. B. *Endangered* means any species that is in danger of extinction throughout all or a significant portion of its range. C. *Threatened* means any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. How Do We Determine Whether a Species Is Endangered or Threatened? Section 4(a)(1) of the Act establishes that we determine whether a species is endangered or threatened based on one or more of the following five factors: A. The present or threatened destruction, modification, or curtailment of its habitat or range; B. Overutilization for commercial, recreational, scientific, or educational purposes; C. Disease or predation; D. The inadequacy of existing regulatory mechanisms; or E. Other natural or manmade factors affecting its continued existence. Section 4(a)(1) of the Act requires that our determination be made on the basis of the best scientific and commercial data available. What Could Happen as a Result of This Review? If we find that there is new information concerning any of these eight species indicating that a change in classification may be warranted, we may propose a new rule that could do one of the following:

(a)Reclassify the species from endangered to threatened (downlist);

(b)reclassify the species from threatened to endangered (uplist); or

(c)delist the species. If we determine that a change in classification is not warranted, then these species will remain on the List under their current status. Public Solicitation of New Information We request any new information concerning the status of these eight species. See “What information is considered in the review?” heading for specific criteria. Information submitted should be supported by documentation such as maps, bibliographic references, methods used to gather and analyze the data, and/or copies of any pertinent publications, reports, or letters by knowledgeable sources. Our practice is to make comments, including names and home addresses of respondents, available for public review. Individual respondents may request that we withhold their home addresses from the supporting record, which we will honor to the extent allowable by law. There also may be circumstances in which we may withhold from the supporting record a respondent's identity, as allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment. We will not consider anonymous comments, however. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Authority This document is published under the authority of the Endangered Species Act (16 U.S.C. 1531 *et seq.* ). Dated: August 17, 2005. Cynthia K. Dohner, Acting Regional Director. [FR Doc. 05-17978 Filed 9-9-05; 8:45 am]

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