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Code · REGISTER · 2007-08-01 · Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD · Notices

Notices. Notice

8,553 words·~39 min read·/register/2007/08/01/07-3740

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4160-18-M DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5155-N-01] Mortgage and Loan Insurance Programs Under the National Housing Act—Debenture Interest Rates AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice. SUMMARY: This notice announces changes in the interest rates to be paid on debentures issued with respect to a loan or mortgage insured by the Federal Housing Administration under the provisions of the National Housing Act (the Act).
The interest rate for debentures issued under section 221(g)(4) of the Act during the 6-month period beginning July 1, 2007, is 4 3/4 percent. The interest rate for debentures issued under any other provision of the Act is the rate in effect on the date that the commitment to insure the loan or mortgage was issued, or the date that the loan or mortgage was endorsed (or initially endorsed if there are two or more endorsements) for insurance, whichever rate is higher. The interest rate for debentures issued under these other provisions with respect to a loan or mortgage committed or endorsed during the 6-month period beginning July 1, 2007, is 5 percent.
However, as a result of an amendment to section 224 of the Act, if an insurance claim relating to a mortgage insured under sections 203 or 234 of the Act and endorsed for insurance after January 23, 2004, is paid in cash, the debenture interest rate for purposes of calculating a claim shall be the monthly average yield, for the month in which the default on the mortgage occurred, on United States Treasury Securities adjusted to a constant maturity of 10 years. FOR FURTHER INFORMATION CONTACT:
Yong Sun, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 2238, Washington, DC 20410-8000; telephone
(202)402-4778 (this is not a toll-free number). Individuals with speech or hearing impairments may access this number through TTY by calling the toll-free Federal Information Relay Service at
(800)877-8339. SUPPLEMENTARY INFORMATION: Section 224 of the National Housing Act (12 U.S.C. 1715o) provides that debentures issued under the Act with respect to an insured loan or mortgage (except for debentures issued pursuant to section 221(g)(4) of the Act) will bear interest at the rate in effect on the date the commitment to insure the loan or mortgage was issued, or the date the loan or mortgage was endorsed (or initially endorsed if there are two or more endorsements) for insurance, whichever rate is higher. This provision is implemented in HUD's regulations at 24 CFR 203.405, 203.479, 207.259(e)(6), and 220.830. These regulatory provisions state that the applicable rates of interest will be published twice each year as a notice in the **Federal Register** . Section 224 further provides that the interest rate on these debentures will be set from time to time by the Secretary of HUD, with the approval of the Secretary of the Treasury, in an amount not in excess of the annual interest rate determined by the Secretary of the Treasury pursuant to a statutory formula based on the average yield of all outstanding marketable Treasury obligations of maturities of 15 or more years. The Secretary of the Treasury
(1)has determined, in accordance with the provisions of section 224, that the statutory maximum interest rate for the period beginning July 1, 2007, is 5 percent; and
(2)has approved the establishment of the debenture interest rate by the Secretary of HUD at 5 percent for the 6-month period beginning July 1, 2007. This interest rate will be the rate borne by debentures issued with respect to any insured loan or mortgage (except for debentures issued pursuant to section 221(g)(4)) with insurance commitment or endorsement date (as applicable) within the latter 6 months of 2007. For convenience of reference, HUD is publishing the following chart of debenture interest rates applicable to mortgages committed or endorsed since January 1, 1980: Effective interest rate on or after prior to 9 1/2 Jan. 1, 1980 July 1, 1980. 9 7/8 July 1, 1980 Jan. 1, 1981. 11 3/4 Jan. 1, 1981 July 1, 1981. 12 7/8 July 1, 1981 Jan. 1, 1982. 12 3/4 Jan. 1, 1982 Jan. 1, 1983. 10 1/4 Jan. 1, 1983 July 1, 1983. 10 3/8 July 1, 1983 Jan. 1, 1984. 11 1/2 Jan. 1, 1984 July 1, 1984. 13 3/8 July 1, 1984 Jan. 1, 1985. 11 5/8 Jan. 1, 1985 July 1, 1985. 11 1/8 July 1, 1985 Jan. 1, 1986. 10 1/4 Jan. 1, 1986 July 1, 1986. 8 1/4 July 1, 1986 Jan. 1. 1987. 8 Jan. 1, 1987 July 1, 1987. 9 July 1, 1987 Jan. 1, 1988. 9 1/8 Jan. 1, 1988 July 1, 1988. 9 3/8 July 1, 1988 Jan. 1, 1989. 9 1/4 Jan. 1, 1989 July 1, 1989. 9 July 1, 1989 Jan. 1, 1990. 8 1/8 Jan. 1, 1990 July 1, 1990. 9 July 1, 1990 Jan. 1, 1991. 8 3/4 Jan. 1, 1991 July 1, 1991. 8 1/2 July 1, 1991 Jan. 1, 1992. 8 Jan. 1, 1992 July 1, 1992. 8 July 1, 1992 Jan. 1, 1993. 7 3/4 Jan. 1, 1993 July 1, 1993. 7 July 1, 1993 Jan. 1, 1994. 6 5/8 Jan. 1, 1994 July 1, 1994. 7 3/4 July 1, 1994 Jan. 1, 1995. 8 3/8 Jan. 1, 1995 July 1, 1995. 7 1/4 July 1, 1995 Jan. 1, 1996. 6 1/2 Jan. 1, 1996 July 1, 1996. 7 1/4 July 1, 1996 Jan. 1, 1997. 6 3/4 Jan. 1, 1997 July 1, 1997. 7 1/8 July 1, 1997 Jan. 1, 1998. 6 3/8 Jan. 1, 1998 July 1, 1998. 6 1/8 July 1, 1998 Jan. 1, 1999. 5 1/2 Jan. 1, 1999 July 1, 1999. 6 1/8 July 1, 1999 Jan. 1, 2000. 6 1/2 Jan. 1, 2000 July 1, 2000. 6 1/2 July 1, 2000 Jan. 1, 2001. 6 Jan. 1, 2001 July 1, 2001. 5 7/8 July 1, 2001 Jan. 1, 2002. 5 1/4 Jan. 1, 2002 July 1, 2002. 5 3/4 July 1, 2002 Jan. 1, 2003. 5 Jan. 1, 2003 July 1, 2003. 4 1/2 July 1, 2003 Jan. 1, 2004. 5 1/8 Jan. 1, 2004 July 1, 2004. 5 1/2 July 1, 2004 Jan. 1, 2005. 4 7/8 Jan. 1, 2005 July 1, 2005. 4 1/2 July 1, 2005 Jan. 1, 2006. 4 7/8 Jan. 1, 2006 July 1, 2006. 5 3/8 July 1, 2006 Jan. 1, 2007. 4 3/4 Jan. 1, 2007 July 1, 2007. 5 July 1, 2007 Jan. 1, 2008. Section 215 of Division G, Title II of Pub. L. 108-199, enacted January 23, 2004 (HUD's 2004 Appropriations Act) amended section 224 of the Act, to change the debenture interest rate for purposes of calculating certain insurance claim payments made in cash. Therefore, for all claims paid in cash on mortgages insured under section 203 or 234 of the National Housing Act and endorsed for insurance after January 23, 2004, the debenture interest rate will be the monthly average yield, for the month in which the default on the mortgage occurred, on United States Treasury Securities adjusted to a constant maturity of 10 years, as found in Federal Reserve Statistical Release H-15. The Federal Housing Administration has codified this provision in HUD regulations at 24 CFR 203.405(b) and 24 CFR 203.479(b). Section 221(g)(4) of the Act provides that debentures issued pursuant to that paragraph (with respect to the assignment of an insured mortgage to the Secretary) will bear interest at the “going Federal rate” in effect at the time the debentures are issued. The term “going Federal rate” is defined to mean the interest rate that the Secretary of the Treasury determines, pursuant to a statutory formula based on the average yield on all outstanding marketable Treasury obligations of 8- to 12-year maturities, for the 6-month periods of January through June and July through December of each year. Section 221(g)(4) is implemented in the HUD regulations at 24 CFR 221.255 and 24 CFR 221.790. The Secretary of the Treasury has determined that the interest rate to be borne by debentures issued pursuant to section 221(g)(4) during the 6-month period beginning July 1, 2007, is 4 3/4 percent. HUD expects to publish its next notice of change in debenture interest rates in January 2008. The subject matter of this notice falls within the categorical exemption from HUD's environmental clearance procedures set forth in 24 CFR 50.19(c)(6). For that reason, no environmental finding has been prepared for this notice. (Authority: Sections 211, 221, 224, National Housing Act, 12 U.S.C. 1715b, 1715l, 1715o; Section 7(d), Department of HUD Act, 42 U.S.C. 3535(d).) Dated: July 26, 2007. Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner. [FR Doc. E7-14821 Filed 7-31-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5130N6] Privacy Act; Proposed New Systems of Records, Development Application Processing System (DAP/F24A) AGENCY: Office of the Chief Information Officer, HUD. ACTION: Establish a new Privacy Act System of Records. SUMMARY: HUD proposes to establish a new record system to add to its inventory of systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The proposed new system of record is the Development Application Processing System
(DAP)HUD/MFH-08. The DAP system is used for analyzing, processing, and tracking applications for FHA mortgage insurance for loans to purchase, refinance, or build multifamily housing and health care facilities. DATES: *Effective Date:* The action will be effective without further notice on August 31, 2007 unless comments are received during or before this period that would result in a contrary determination. *Comments Due Date:* August 31, 2007. ADDRESSES: Interested persons are invited to submit comments regarding this notice to the Rules Docket Clerk, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410. Communications should refer to the above docket number and title. Facsimile
(FAX)comments are not acceptable. A copy of each communication submitted will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address. FOR FURTHER INFORMATION CONTACT: The Departmental Privacy Act Officer, 451 Seventh Street SW., Room 4178, Washington, DC 20410, Telephone Number
(202)708-2374 or the System Owner, 451 Seventh Street SW., Room 6150, Washington, DC 20410, telephone number
(410)209-6549. (These are not a toll-free numbers.) Telecommunication device for hearing and speech-impaired individuals
(TTY)is available at
(800)877-8339 (Federal Information Relay Service). SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a(e)(4) and (11)) provide that the public be afforded a 30-day period in which to comment on the new system of records, and require published notice of the existence and character of the system of records. The new system report was submitted to the Office of Management and Budget (OMB), the Senate Committee on Homeland Security and Governmental Affairs, and the House Committee on Oversight and Government Reform pursuant to paragraph 4c of Appendix 1 to OMB Circular No. A-130, “Federal Responsibilities for Maintaining Records About Individuals,” July 25, 1994 (59 FR 37914). Authority: 5 U.S.C. 552a, 88 Stat. 1896; 42 U.S.C. 3535(d). Dated: July 23, 2007. Lisa Schlosser, Chief Information Officer. HUD/MFH-08 System Name: Development Application Processing System (DAP/F24A). System Location: Charleston, West Virginia, and all HUD Field Offices. Categories of individuals covered by the system: Mortgagees (Multifamily Map lenders) Categories of records in the System: Mortgagees name, Employee Identification Number, Tax Identification Number, Social Security Number, Project address. Authority for maintenance of the system: Sec. 113 of the Budget and Accounting Act of 1950 31 U.S.C. 66a. (Pub. L. 81-784). Purposes: The information is used to verify that the Mortgagees are approved Lenders by HUD. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, other routine uses are as follows:
(a)To the U.S. Treasury—for disbursements and adjustments; and,
(b)To the Internal Revenue Service—for reporting payments for mortgage interest, for reporting of discharge indebtedness and real estate taxes. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Electronic files are stored on disc and back up files are stored on tape. The original documents (hard copy) are stored in each HUD office. Retrievability: Information is retrieved via the Project number or the Project status. Safeguards: Records are stored in locked cabinets in rooms to which access is limited to those personnel who service the records. Background screening, limited authorizations and access, with access limited to authorized personnel and technical restraints employed with regard to accessing the records; access to automated systems by authorized users by passwords. Only individuals with rights to the Mortgage Credit Discipline can view this type of information. Retention and disposal: Are in accordance with GSA schedules of retention and disposal. All manual files are locked in cabinets when not in use. Computerized files/records are retained for 6 weeks. Obsolete records are destroyed after 3 years. Manual files/records are sent to storage upon project receiving final endorsement to the storage facility in Tulsa, OK. System manager(s) and address: Acting Director, Multifamily Housing Development (System Owner), Department of Housing and Urban Development, 451 Seventh Street, SW., Room 6150, Washington, DC 20410. Notification procedure: For information, assistance, or inquiry about existence of records, contact the Privacy Act Officer, 451 Seventh Street, SW., Room 4178, Washington, DC 20410, in accordance with the procedures in 24 CFR part 16. Record access procedures: The Department's rules for providing access to records to the individual concerned appears in 24 CFR part 16. If additional information or assistance is required, contact the Privacy Act Officer at HUD, 451 Seventh Street, SW., Room 4178, Washington, DC 20410. Contesting record procedures: The procedures for requesting amendment or correction of records appear in 24 CFR part 16. If additional information is needed, contact:
(i)In relation to contesting contents of records, the Privacy Act Officer at HUD, 451 Seventh Street, SW., Room 4178, Washington, DC 20410; and,
(ii)In relation to appeals of initial denials, HUD, Departmental Privacy Appeals Officer, Office of General Counsel, 451 Seventh Street, SW., Washington, DC 20410. Record source categories: All data on the application for Multifamily Housing projects (HUD 92013) and other required HUD forms, drawings and narratives (Lender's submission package) is submitted to HUD Field Office. Exemptions from certain provisions of the Act: None. [FR Doc. E7-14795 Filed 7-31-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5130-N-07] Privacy Act; Proposed New Systems of Records, Single Family Mortgage Notes System (SFMNS, A80N) AGENCY: Office of the Chief Information Officer, HUD. ACTION: Establish a new Privacy Act System of Records. SUMMARY: HUD proposes to establish a new record system to add to its inventory of systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The proposed new system of record is the Single Family Mortgage Notes System (SFMNS), HUD/HS-57. The SFMN system is used to track the mortgagors' remittances and the system's disbursements for protecting HUD's interest in the mortgaged properties. The system contains information about billing, applications, monthly payments to tax escrows, and interest and principal data. DATES: *Effective Date:* This action shall be effective without further notice on August 31, 2007 unless comments are received during or before this period that would result in a contrary determination. *Comments Due Date:* August 31, 2007. ADDRESSES: Interested persons are invited to submit comments regarding this notice to the Rules Docket Clerk, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410-0500. Communications should refer to the above docket number and title. A copy of each communication submitted will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address. FOR FURTHER INFORMATION CONTACT: The Departmental Privacy Act Officer, 451 Seventh Street, SW., Room 4178, Washington, DC 20410, telephone number
(202)708-2374 or the System Owner, 451 Seventh Street, SW., Room 6232, Washington, DC 20410, telephone number
(202)402-3297. (These are not a toll-free numbers.) Telecommunication device for hearing and speech-impaired individuals
(TTY)is available at
(800)877-8339 (Federal Information Relay Service). SUPPLEMENTARY INFORMATION: Title 5 U.S.C. 552a(e)(4) and
(11)provide that the public be afforded a 30-day period in which to comment on the new system of records, and require published notice of the existence and character of the system of records. The new system report was submitted to the Office of Management and Budget (OMB), the Senate Committee on Homeland Security and Governmental Affairs, and the House Committee on Oversight and Government Reform pursuant to paragraph 4c of Appendix 1 to OMB Circular No. A-130, “Federal Responsibilities for Maintaining Records About Individuals,” July 25, 1994 (59 FR 37914). Authority: 5 U.S.C. 552a, 88 Stat. 1896: 42 U.S.C. 3535(d) . Dated: July 23, 2007. Lisa Schlosser, Chief Information Officer. HUD/HS-57 System Name: Single Family Mortgage Notes System (SFMNS) (A80N/NOTES). System Location: Charleston, West Virginia, and Tulsa, OK (Morris Griffin/First Madison Services). Categories of individuals covered by the system: Mortgagors (Secretary-Held Notes and Subordinate Mortgages). Categories of records in the System: Mortgagors' name, address, and social security number. Authority for maintenance of the system: Sec. 113 of the Budget and Accounting Act of 1950 31 U.S.C. 66a. (Pub. L. 81-784). Purposes: The information is used to track the mortgagors' remittances and the system's disbursements for protecting HUD's interest in the mortgaged properties. This information is used by HUD to report to the IRS. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, other routine uses are as follows:
(a)To the U.S. Treasury—for disbursements and adjustments; and
(b)To the Internal Revenue Service—for reporting payments for mortgage interest, for reporting of discharge indebtedness and real estate taxes. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Electronic files are stored on disc and back up files are stored on tape. The original documents (hard copy) are stored in Tulsa, Oklahoma. Retrievability: Records may be retrieved by mortgagor name and/or social security number. Safeguards: Records are stored in locked cabinets in rooms to which access is limited to those personnel who service the records. Background screening, limited authorizations and access, with access limited to authorized personnel and technical restraints employed with regard to accessing the records; access to automated systems by authorized users by passwords. Retention and disposal: Are in accordance with HUD Records Disposition Schedule 2225.6, Appendix 20. System manager(s) and address: Director, Single Family Post Insurance Division (System Owner), Department of Housing and Urban Development, 451 Seventh Street, SW., Room 6232, Washington, DC 20410. Notification procedure: For information assistance, or inquiry about existence of records, contact the Privacy Act Officer, 451 Seventh Street SW., Room 4178, Washington, DC 20410, in accordance with the procedures in 24 CFR part 16. Record access procedures: The Department's rules for providing access to records to the individual concerned, appears in 24 CFR part 16. If additional information or assistance is required, contact the Privacy Act Officer at HUD, 451 Seventh Street, SW., Room 4178, Washington, DC 20410. Contesting record procedures: The procedures for requesting amendment or correction of records appear in 24 CFR part 16. If additional information is needed, contact:
(i)In relation to contesting contents of records, the Privacy Act Officer at HUD, 451 Seventh Street, SW., Room 4178, Washington, DC 20410; and,
(ii)In relation to appeals of initial denials, HUD, Departmental Privacy Appeals Officer, Office of General Counsel, 451 Seventh Street, SW., Washington, DC 20410. Record source categories: The original information was transferred from the A43C System; new records are established using the legal instruments ( *i.e.* , mortgage, deed, subordinate mortgage, etc.) received from the mortgagees. Exemptions from certain provisions of the Act: None. [FR Doc. E7-14813 Filed 7-31-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Laramie Plains National Wildlife Refuges, Wyoming AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of Availability; Request for Comments. SUMMARY: We, the U.S. Fish and Wildlife Service (Service, We) announces that the draft Comprehensive Conservation Plan
(CCP)and Environmental Assessment
(EA)for the Laramie Plains national wildlife refuges is available. The Laramie Plains national wildlife refuges include Bamforth National Wildlife Refuge (NWR), Hutton Lake NWR, and Mortenson Lake NWR. This draft CCP/EA describes how the Service intends to manage these refuges for the next 15 years. We request public comment. DATES: To ensure consideration, we must receive your written comments on the draft CCP/EA by August 31, 2007. ADDRESSES: Please provide written comments to Toni Griffin, Planning Team Leader, Division of Refuge Planning, Branch of Comprehensive Conservation Planning, Mountain-Prairie Region, P.O. Box 25486, Denver Federal Center, Denver, Colorado 80225-0486; via facsimile at 303-236-4792; or electronically to *toni_griffin@fws.gov* . A copy of the CCP/EA may be obtained by writing to U.S. Fish and Wildlife Service, Division of Refuge Planning, 134 Union Boulevard, Suite 300, Lakewood, Colorado 80228; or by download from *http://mountain-prairie.fws.gov/planning.* FOR FURTHER INFORMATION CONTACT: Toni Griffin, 303-236-4378 or John Esperance, 303-236-4369. SUPPLEMENTARY INFORMATION: The Laramie Plains national wildlife refuges include Bamforth National Wildlife Refuge (NWR), Hutton Lake NWR, and Mortenson Lake NWR and are managed by Service staff headquartered at the Arapaho NWR near Walden, Colorado. All three refuges are located within 15 miles of the town of Laramie, Wyoming. The town of Laramie, Wyoming is positioned in a high plains basin ecosystem known as the Laramie Plains basin. Shallow depressions of the basin, within the relatively flat topography of the region, support wetland complexes that are unique to the area. These wetland complexes provide resting, nesting, and breeding areas for migratory birds in the semi-arid environment. Bamforth NWR was established on January 29, 1932, by Executive Order 9321. Consisting of 1,166 acres, the refuge is located approximately 6 miles northwest of Laramie, Wyoming. The purpose of the refuge is to provide “a refuge and breeding ground for birds and wild animals.” The refuge is closed to public use. Hutton Lake NWR was established on January 28, 1932, by Executive Order 5782. Consisting of 1,928 acres, the refuge is located approximately 10 miles southwest of Laramie, Wyoming. The purpose of the refuge is to provide “a refuge and breeding ground for birds and wild animals.” Current public use opportunities at the refuge include wildlife observation, wildlife photography, environmental education, and interpretation. Mortenson Lake NWR was established in 1993 under the Endangered Species Act, to protect the Wyoming toad's last known population. The Wyoming toad was listed as an endangered species in 1984. The population at Mortenson Lake was found in 1987. The purpose of the refuge is “to conserve fish or wildlife which are listed as endangered or threatened species.” The refuge is closed to public use to prevent potential adverse impacts to the Wyoming toad. This draft CCP/EA identifies and evaluates three alternatives for managing the refuges for the next 15 years. Alternative A, the No Action alternative, reflects the current management of the refuges. It provides the baseline against which to compare the other alternatives. Refuge habitats would continue to be managed on a minimal basis and opportunistic schedule that may maintain, or most likely would result in decline in, the diversity of vegetation and water quality and quantity in the wetlands. The Service would not develop any new management, research, restoration, education, or visitor services programs at the refuges. Refuge staff would continue to perform only limited research and no monitoring of refuge wildlife and habitats would occur. Public uses such as wildlife observation and wildlife photography would continue at present levels. Other priority public uses such as environmental education and interpretation would only be available on an informal basis. No new funding or staffing levels would occur and programs would continue to follow the same direction, emphasis, and intensity as they do at present. Alternative B is the Service's proposed action and basis for the draft CCP. Management activities under alternative B would be increased. Upland habitats would be evaluated and managed for the benefit of migratory bird species. Monitoring and management of invasive species on the refuges would be increased. With additional staffing, the Service would collect in-depth baseline data for wildlife and habitats. Efforts would be increased in the operations and maintenance of natural resources on the refuges and to maintain and develop partnerships that promote wildlife and habitat research and management. An emphasis on adaptive management, including monitoring the effects of habitat management practices and use of the research results to direct ongoing management, would be a priority. Under alternative C, refuge staff would rely on partnerships to achieve refuge goals and objectives. Refuge management activities would be increased and enhanced through the use of partnerships. Refuge staff would strive to accomplish refuge work through partnerships with others. An emphasis on adaptive management, including monitoring the effects of habitat management practices and use of the research results to direct ongoing management, would be a priority. The proposed action (Alternative B) was selected because it best meets the purposes and goals of the refuges, as well as the mission and goals of the National Wildlife Refuge System. The proposed action will also benefit federally listed species, shore birds, migrating and nesting waterfowl, neotropical migrants and resident wildlife. Environmental education and partnerships will result in improved wildlife-dependent recreational opportunities. Cultural and historical resources as well as federally listed species will be protected. Opportunity for public input will be provided at a public meeting to be scheduled soon. The specific date and time for the public meeting is yet to be determined, but will be announced via local media and a planning update. All information provided voluntarily by mail, by phone, or at public meetings (e.g., names, addresses, letters of comment, input recorded during meetings) becomes part of the official public record. If requested under the Freedom of Information Act by a private citizen or organization, the Service may provide copies of such information. The environmental review of this project will be conducted in accordance with the requirements of the National Environmental Policy Act
(NEPA)of 1969, as amended (42 U.S.C. 4321 et seq.); NEPA Regulations (40 CFR parts 1500-1508); other appropriate Federal laws and regulations; Executive Order 12996; the National Wildlife Refuge System Improvement Act of 1997; and Service policies and procedures for compliance with those laws and regulations. Dated: June 20, 2007. James J. Slack, Deputy Regional Director, Denver, Colorado. [FR Doc. E7-14892 Filed 7-31-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Alere Riverside Avenue Development, City of Rialto, San Bernardino County, CA AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability and receipt of application. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce that Alere Property Group (Applicant) has applied to the Fish and Wildlife Service (Service) for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act
(Act)of 1973, as amended. We are considering issuing a 5-year permit to the Applicant that would authorize take of the federally endangered Delhi Sands flower-loving fly ( *Rhaphiomidas terminatus abdominalis* ; “DSF”). The proposed permit would authorize the take of individual DSF. The permit is needed by the Applicant because take of DSF could occur during the proposed construction of a commercial development and habitat restoration and management on an 18.42-acre site in the City of Rialto, San Bernardino County, California. The permit application includes the proposed Habitat Conservation Plan
(Plan)and associated Implementing Agreement that describe the proposed action and the measures that the Applicant will undertake to mitigate take of the DSF. DATES: Written comments must be received on or before October 1, 2007. ADDRESSES: Send written comments to Mr. Jim Bartel, Field Supervisor, Fish and Wildlife Service, 6010 Hidden Valley Road, Carlsbad, California 92011. You also may send comments by facsimile to
(760)918-0638. FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field Supervisor (see ADDRESSES ) or call
(760)431-9440. SUPPLEMENTARY INFORMATION: Availability of Documents You may obtain copies of these documents for review by contacting the above office. Documents also will be available for public inspection, by appointment, during normal business hours at the above address and at the San Bernardino County Libraries. Addresses for the San Bernardino County Libraries are:
(1)10145 Orchard Street, Bloomington, CA 92316;
(2)251 West First Street, Rialto, CA 92376;
(3)16860 Valencia Avenue, Fontana, CA 92335; and,
(4)22795 Barton Road, Grand Terrace, CA 92313. Background Section 9 of the Act and Federal regulations prohibit the “take” of fish and wildlife species listed as endangered or threatened. Take of federally listed fish and wildlife is defined under the Act to include “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.” The Service may, under limited circumstances, issue permits to authorize incidental take (i.e., take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity). Regulations governing incidental take permits for threatened and endangered species are found in 50 CFR 17.32 and 17.22. The Applicant is proposing development of commercial facilities on 12.88 acres of an 18.42-acre site in the City of Rialto, San Bernardino County, California. The site is located southwest of the intersection of Riverside and Jurupa Avenues in the City of Rialto, County of San Bernardino, California. The proposed project site is bordered by existing commercial facilities to the west and east, 6 acres of open space to the south and approximately 10 acres of open space to the north. Based on focused surveys, the entire site is considered occupied by the DSF. The Service has determined that the proposed development would result in incidental take of the DSF. No other federally listed species are known to occupy the site. To minimize and mitigate take of DSF on the project site, the Applicant proposes to set aside 5.54-acres of the 18.42 acres site as a permanent conservation area. The onsite conservation area would be restored and managed by the Riverside Land Conservancy, a non-profit land trust. In addition to the onsite DSF conservation area, the Applicant proposes to purchase credits towards conservation in-perpetuity of 4 acres of occupied DSF habitat at the Colton Dunes Conservation Bank in the City of Colton, San Bernardino County, California. The conservation bank collects fees that fund a management endowment to ensure the permanent management and monitoring of sensitive species and habitats, including the DSF. The Service's Environmental Assessment considers the environmental consequences of four alternatives, including:
(1)The Proposed Project Alternative, which consists of issuance of the incidental take permit and implementation of the Plan;
(2)the Alternative Site Design or Corridor Alternative, which consists of an alternate configuration of DSF conservation on the project site and offsite conservation;
(3)the Rialto HCP Alternative, which anticipates inclusion of the project in a proposed conservation effort throughout the City of Rialto; and
(4)the No Action Alternative, which would result in no impacts to DSF and no conservation. National Environmental Policy Act Proposed permit issuance triggers the need for compliance with the National Environmental Policy Act (NEPA). Accordingly, a draft NEPA document has been prepared. The Service is the Lead Agency responsible for compliance under NEPA. As NEPA lead agency, the Service is providing notice of the availability of the Environmental Assessment for public review. Public Review The Service invites the public to review the Plan, Implementing Agreement and Environmental Assessment during a 60-day public comment period (see DATES ). Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. This notice is provided pursuant to section 10(a) of the Act and the regulations for implementing NEPA, as amended (40 CFR 1506.6). We will evaluate the application, associated documents, and comments submitted thereon to determine whether the application meets the requirements of NEPA regulations and section 10(a) of the Act. If we determine that those requirements are met, we will issue a permit to the Applicant for the incidental take of the DSF. We will make our final permit decision no sooner than 60 days from the date of this notice. Dated: July 25, 2007. Ken McDermond, Deputy Manager, California/Nevada Operations Office, Sacramento, California. [FR Doc. E7-14859 Filed 7-31-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Fisher Family Residence Construction Project, Mendocino County, CA AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of Availability of Environmental Assessment (EA); Receipt of an Application for Incidental Take Permit. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce that Denise and Andy Fisher (applicant) have applied for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act
(Act)of 1973, as amended. We are considering issuing an 80-year permit to the application that would authorize take of the federally endangered Point Arena mountain beaver ( *Aplodontia rufa nigra;* “PAMB”) and the federally endangered Behren's silverspot butterfly ( *Speyeria zerene behrensii;* “BSSB”). The proposed permit would authorize the take of 28 PAMB and 2 BSSB incidental to otherwise lawful activities. The applicant needs the permit because take of PAMB and BSSB would occur as a result of construction and occupation of a single family residence, and installation of related improvements such as fencing and landscaping, on a 24.25 acre parcel near Point Arena, Mendocino County, California. The permit application includes a proposed Habitat Conservation Plan
(HCP)that describes the proposed action and the measures that the Applicant will undertake to minimize and mitigate take of PAMB and BSSB. DATES: We must receive any written comments on or before October 1, 2007. ADDRESSES: Send written comments to Ms. Amedee Brickey, ES Program Manager, Fish and Wildlife Service, 1655 Heindon Road, Arcata, California 95521. You also may send comments by facsimile to
(707)822-8411. FOR FURTHER INFORMATION CONTACT: Ms. Amedee Brickey, (see ADDRESSES ),
(707)822-7201. SUPPLEMENTARY INFORMATION: Availability of Documents You may obtain copies of these documents for review by contacting the above office. Documents also will be available for public inspection, by appointment, during normal business hours at the above address. Background Section 9 of the Act and Federal regulations prohibit the “take” of fish and wildlife species listed as endangered or threatened. Take of federally listed fish and wildlife is defined under the Act to include “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.” We may, under limited circumstances, issue permits to authorize incidental take (i.e., take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity). Regulations governing incidental take permits for threatened and endangered species are found in 50 CFR 17.32 and 17.22. The Applicant proposes to construct and permanently occupy a 1,493 square foot single-family residence on a 24.25 acre parcel in Mendocino County, California. In addition to the construction of the residence, the applicant proposes to construct a driveway and a fenced livestock pasture, install power, water and septic utilities, and plant vegetation. Construction and occupation of the single-family residence would directly impact the PAMB by removing 0.39 acres of occupied PAMB habitat, and 10.25 acres of potential BSSB habitat on the 24.25-acre parcel. The proposed development would result in the take of 28 PAMB and two BSSB. To mitigate and offset the take of PAMB and BSSN, the applicant proposes to implement seasonal disturbance restrictions, and to dedicate two on-site conservation areas totaling 9.75 acres to be managed and preserved in perpetuity. Our Environmental Assessment considers the environmental consequences of three alternatives, including:
(1)The Proposed Project Alternative that would result in the development of the proposed project, the issuance of an ITP and the implementation of the measures in the HCP, including conservation areas;
(2)an Alternative Project Layout Alternative that would result in the development of fewer acres, would not take any listed species, and would not include conservation areas; and
(3)the No Action Alternative that would result in no development of the proposed project, would not take any listed species and would not include conservation areas. National Environmental Policy Act Proposed permit issuance triggers the need for compliance with the National Environmental Policy Act (NEPA). Accordingly, a draft NEPA document has been prepared. We are the Lead Agency responsible for compliance under NEPA. As the NEPA lead agency, we provide notice of the availability and are making available for public review the EA. Public Review We invite the public to review the HCP and EA during a 60-day public comment period (see DATES ). Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. We provide this notice pursuant to section 10(a) of the Act and the regulations for implementing NEPA, as amended (40 CFR 1506.6). We will evaluate the application, associated documents, and comments submitted thereon to determine whether the application meets the requirements of NEPA regulations and section 10(a) of the Act. If we determine that those requirements are met, we will issue a permit to the Applicant for the incidental take of PAMB and BSSB. We will make our final permit decision no sooner than 60 days from the date of this notice. Dated: July 25, 2007. Ken McDermond, Deputy Manager, California/Nevada Operations Office, Sacramento, California. [FR Doc. E7-14888 Filed 7-31-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR National Park Service 60-Day Notice of Intention To Request Clearance of Collection of Information; Opportunity for Public Comment AGENCY: Department of the Interior, National Park Service. ACTION: Notice and request for comments. SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3507 *et seq.* ) and 5 CFR part 1320, the National Park Service
(NPS)invites public comments on a revision of a currently approved information collection (OMB #1024-0038). DATES: Public comments on the proposed Information Collection Request
(ICR)will be accepted on or before October 1, 2007. ADDRESSES: *Send Comments To:* John W. Renaud, Project Coordinator, Historic Preservation Grants, Heritage Assistance Programs, NPS, 1849 C St., NW., (2256), Washington, DC 20240; via fax at 202/371-1961, or via e-mail at *John_Renaud@nps.gov.* Also, please send a copy of your comments to Leonard Stowe, Information Collection Clearance Officer, NPS, 1849 C St., NW., (2605), Washington, DC 20240, or by e-mail at *Leonard_Stowe@nps.gov.* All responses to this notice will be summarized and included in the request for the Office of Management and Budget
(OMB)approval. All comments will become a matter of public record. FOR FURTHER INFORMATION CONTACT: John W. Renaud, Project Coordinator, Historic Preservation Grants, Heritage Assistance Programs, NPS, 1849 C St., NW. (2256), Washington, DC 20240; or via fax at 202/371-1961, or via e-mail at *John_Renaud@nps.gov,* or via telephone at 202/354-2066. You are entitled to a copy of the entire ICR package free-of-charge. SUPPLEMENTARY INFORMATION: *Title:* Procedures for State, Tribal, and Local Government Historic Preservation Programs; 36 CFR 61. *Bureau Form Number(s):* None. *OBM Number:* 1024-0038. *Expiration Date:* November 30, 2007. *Type of Request:* Revision of a currently approved collection of information. *Description of Need:* This set of information collections has an impact on State, tribal, and local governments that wish to participate formally in the National Historic Preservation Partnership
(NHPP)Program, and State and tribal governments that wish to apply for Historic Preservation Fund
(HPF)grants. The NPS uses the information collection to ensure compliance with the National Historic Preservation Act, as amended (16 U.S.C. 470 *et seq.* ), as well as the government-wide grant requirements that OBM has issued and the Department of the Interior implements through 43 CFR part 12. This information collection also produces performance data that NPS uses to assess its progress in meeting goals set in Departmental and NPS strategic plans created pursuant to the 1993 Government Performance and Results Act, as amended. This request for OMB approval includes local government burden for information collections associated with various aspects of the Certified Local Government
(CLG)program; State government burden for information collections related to the CLG program, the program-specific aspects of the Historic Preservation Fund grants to States, maintenance of a State inventory of historic and prehistoric properties, tracking State Historic Preservation Office historic preservation consultation with Federal agencies, reporting on other State historic preservation accomplishments, and the State role in the State Program Review Process; and tribal government burden for information collections related to the program-specific aspects of HPF grants to Tribal Historic Preservation Officers/Offices (THPOs). This request includes information collections related to HPF grants to States and to THPOs. NPS is seeking a revision to reflect the increased number of partners participating in the NHPP, and consequently, in the previously approved information collections. In addition, a revision is needed because some information collections had not been recognized as such during preparation for earlier OMB approvals. Section 101(b) of the National Historic Preservation Act, as amended, (16 U.S.C. 470a(b)), specifies the role of States in the NHPP Program. Section 101(c), and section 301 of the Act (16 U.S.C. section 103(c), 470a(c), 16 U.S.C. 470c(c), and 16 U.S.C. 470w), specify the role of local governments in the NHPP program. Section 101(d) of the Act (16 U.S.C. 470a(d) specifies the role of tribes in the NHPP Program. Section 108 of the Act (16 U.S.C. 470h) created the HPF to support activities that carry out the purposes of the Act. Section 101(e)(1) of the Act (16 U.S.C. 470a(e)) directs the Secretary of the Interior through the NPS to “administer a program of matching grants to the States for the purposes of carrying out” the Act. Similarly, sections 101(d) and 101(e) of the Act direct a program of grants to THPOs for carrying out their responsibilities under the Act. Each year Congress directs the NPS to use part of the annual appropriation from the HPF for the State grant program and the tribal grant program. The purpose of both the HPF State grants program and the HPF THPO grants program is to assist States and tribes in carrying out their statutory role in the national historic preservation program. HPF grants to States and THPOs are program grants; i.e., each State/THPO selects its own HPF-eligible activities and projects. Each HPF grant to a State/THPO has two years of fund availability. At the end of the first year, NPS employs a “Use or Lose” policy to ensure efficient and effective use of the grant funds. All 59 States, territories, and the District of Columbia participate in the NHPP Program. Almost 1,600 local governments have become Certified Local Governments
(CLGs)in order to participate in the NHPP program. Approximately 54 local governments become CLGs each year. Fifty-seven Federally-recognized tribes have joined formally the NHPP and have established THPOs and tribal historic preservation offices. Typically, each year five to seven tribes join the partnership. NPS developed the information collections associated with 36 CFR Part 61 in consultation with State, Tribal, and local government partners. The obligation to respond is required to provide information to evaluate whether or not State governments meet minimum standards and requirements for participation in the National Historic Preservation Program; and to meet government-wide requirements for Federal grant programs. *Comments are invited on:*
(1)The practical utility of the information being gathered;
(2)the accuracy of the burden hour estimate;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)ways to minimize the burden to respondents, including use of automated information collection techniques or other forms of information technology. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. *Frequency of collection:* Annually. *Description of Respondents:* State, tribal, and local governments that wish to participate formally in the National Historic Preservation Program and who wish to apply for Historic Preservation Fund grant assistance. *Estimated average number of respondents/record keepers:* The net number of partners participating in this set of information collections annually is 59 States, 57 Tribes, and 1,554 CLGs. *Estimated average number of responses:* NPS estimates that there are 34,539 responses per year. This is the gross number of responses for all of the elements included in this set of information collections. *Estimated average number of State HPF grant-related applicant responses:* 118 per year. *Estimated average gross number of State HPF grant-related grantee responses:* 400 per year. *Estimated average gross number of State HPF grant-related responses for successful Applicants/Grantees:* 518 per year. *Estimated average number of THPO HPF grant-related Applicant responses:* 57 per year. *Estimated average gross number of THPO HPF grant-related grantee responses:* 171 per year. *Estimated average gross number of THPO HPF application plus grant-related responses:* 228 per year. *Estimated average number of State and local CLG program related responses per State/CLG:* 42 per year. *Estimated average gross number State and local CLG program related responses for all States/CLGs:* 2,897 per year. *Estimated average minimum number of State inventory responses per State:* 78 per year. *Estimated average gross minimum number of State inventory responses for all States:* 4,602 per year. *Estimated average minimum number of State consultation on Federal projects responses per State:* 445 per year. *Estimated average gross minimum number of State consultation of Federal projects responses for all States:* 26,255 per year. *Estimated average number of other State performance reports per State:* 1 per year. *Estimated average gross number of other State performance reports for all States:* 25 per year. *Estimated average minimum number of State Program Reviews per State:* 1 per year. *Estimated average gross minimum number of State Program Reviews for all States:* 14 per year. *Estimated average gross number of responses for all non-grant collections:* 33,793 per year. *Frequency of Response:* The frequency of response varies depending upon the activity. In the CLG program, States and local governments participate once for the certification process, once per year for the monitoring of each CLG, once every four years for the evaluation of each CLG, and once a year on a voluntary basis for other performance reporting. Each State adds property records to its inventory and tracks the progress of consultation with Federal agencies as the information becomes available. Each State reports once a year on a voluntary basis for other performance reporting. The National Historic Preservation Act requires that each State undergo a State Program Review every four years. For the program-specific aspects of the HPF grants to State program, the estimated number of responses includes a “Cumulative Products Table” of projected performance in summary format, an “Organization Chart” showing the availability of appropriately qualified staff, and a (major) “Anticipated Activities List”. During the grant cycle, grantees seek NPS approval once for a subgrant (via a project notification) and associated final project report. Each year, every State submits an “End of Year Report” that includes the Cumulative Products Table (which compares actual to proposed performance), a “Sources of Nonfederal matching Share Report,” a “Project/Activity Database Report,” an “Unexpended Carryover Funds Table and Carryover Statement,” and a “Significant Preservation Accomplishments Summary.” For the program-specific aspects of the HPF grants to THPOs program, the estimated number of responses includes a grant application scope of work, a “Grants Product Summary Table,” an unexpended funds carry-over statement, and a “THPO Annual Report” (a narrative summary of important accomplishments). *Automated Data Collection:* NPS has made available to States for completion on-line all of the forms for the HPF State Grants program. *Estimate average time burden per respondent:* NPS estimated that the total public (State plus local) burden for the Certified Local Government
(CLG)program averages 36 hours per CLG for the certification, monitoring, and evaluation of each CLG and 45 minutes for reporting of other CLG accomplishments. NPS estimates that the total public (State) burden averages 10 minutes per Federal agency project tracked, 45 minutes per inventory record, 2 hours per reporting on other State accomplishments, and 90 hours per State Program Review. NPS estimates that the total public burden for collection not directly tied to grants is 129 hours per respondent. NPS estimates that the public burden for the HPF-supported State grant program collections of information will average 11 hours per application and 19 hours per grant per year for all of the grant-related collections. The combined total public burden for the HPF State grant program-related information collections would average 31 hours per successful applicant/grantee. NPS estimates that the public burden for the HPF-supported THPO grant program collections of information will average 7 hours per application and 14 hours per grant per year for all of the grant-related collections. The combined total public burden for the HPF THPO grant program-related information collections would average 21 hours per successful applicant/grantee. These burden estimates are a one-year average for the two-year grants. The combined total public burden for the 36 CFR Part 61-related information collections would average 182 hours per partner. These estimates of burden include time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and reviewing the collection of information. *Estimated average time burden hours per State HPF grant-related applicant response:* 11 hours. *Estimated average burden hours per State HPF grant-related Grantee response:* 20 hours. *Estimated total annual average burden hours per State HPF grant-related respondent:* 31 hours. *Estimated total annual average burden hours for all State HPF grant-related responses:* 1,568 hours. *Estimated average burden hours per THPO HPF grant-related Applicant response:* 7 hours. *Estimated average burden hours per THPO HPF grant-related Grantee response:* 14 hours. *Estimated average annual burden hours per THPO HPF grant-related Applicant/Grantee for all responses:* 21 hours. *Estimated total annual average burden hours for all THPO HPF grant-related respondents:* 1,217 hours. *Estimated average burden hours in the CLG program per response:* 50 minutes. *Estimated average burden hours in the State inventory program per response:* 40 minutes. *Estimated average burden hours in the Federal agency consultation tracking program per response:* 10 minutes. *Estimated average burden hours in other performance reporting per response:* 2 hours. *Estimated average burden hours in the State Program Review program per response:* 90 hours. *Estimated average annual burden hours per partner for all non grant-related responses:* 432 hours. *Estimated annual burden on all respondents for all non grant related responses:* 33,565 hours. *Estimated total annual reporting burden:* 36,351 hours per year. Dated: July 25, 2007. Leonard E. Stowe, NPS, Information Collection Clearance Officer. [FR Doc. 07-3740 Filed 7-31-07; 8:45 am]
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