Notices. 60-Day Notice and request for comments; Reinstatement without change of a previously approved information collection OMB Control Number 1601-0003
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/register/2008/01/31/08-425A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4140-01-M DEPARTMENT OF HOMELAND SECURITY Office of the Secretary, Office of Policy, Private Sector Office, DHS; Welcome to the United States Survey AGENCY: Office of Policy, Private Sector Office, DHS. ACTION: 60-Day Notice and request for comments; Reinstatement without change of a previously approved information collection OMB Control Number 1601-0003. SUMMARY: The Department of Homeland Security, Office of the Secretary, Office of Policy, Private Sector Office will submit this reinstatement without change for the following information collection request
(ICR)to the Office of Management and Budget
(OMB)for review and clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). The Private Sector Office is soliciting comments concerning the reinstatement without change to a previously approved information collection, Welcome to the United States Survey. DATES: Comments are encouraged and will be accepted until March 31, 2008. This process is conducted in accordance with 5 CFR 1320.1. ADDRESSES: Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), Office of the Secretary, Office of Policy, Plans and International Affairs, Attn: Jenny Randall, Room 10360A, Washington, DC 20528. Comments may also be submitted via e-mail at *Jenny.R.Randall@HQ.DHS.GOV.* FOR FURTHER INFORMATION CONTACT: If additional information is required contact: The Department of Homeland Security (DHS), Private Sector Office, Jenny Randall
(202)282-9801, this is not a toll free number. SUPPLEMENTARY INFORMATION: The Department of Homeland Security (DHS), Office of the Secretary, Office of Policy, Private Sector Office, in conjunction with Customs and Border Protection
(CBP)and Research Triangle Institute, International, will interview foreign visitors entering the United States at four southern border ports of entry, three northern border ports of entry and four airport ports of entry. This survey will measure how CBP is serving the American public with vigilance and integrity, while providing courteous and helpful treatment to visitors, immigrants and travelers. Additionally, this survey will further the Rice-Chertoff Initiative as has been announced by evaluating the two model airports (Dulles International Airport, Chantilly, VA, and Houston International Airport, Houston, TX) for baseline information as well as how welcomed foreign visitors feel upon entering the United States and interacting with a DHS Customs and Border Protection officer. The Office of Management and Budget is particularly interested in comments which: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; 2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; 3. Enhance the quality, utility, and clarity of the information to be collected; and 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. Analysis *Agency:* Department of Homeland Security, Office of the Secretary, Office of Policy, Private Sector Office. *Title:* Welcome to the United States Survey. *OMB Number:* 1601-0003. *Frequency:* One-time collection. *Affected Public:* Foreign visitors into the United States. *Number of Respondents:* 939 respondents. *Estimated Time per Respondent:* 5 minutes per response. *Total Burden Hours:* 78.25 annual burden hours. *Total Burden Cost (capital/startup):* None. *Total Burden Cost (operating/maintaining):* None. Scott Charbo, Chief Information Officer. [FR Doc. E8-1808 Filed 1-30-08; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection Notice of Issuance of Final Determination Concerning Printers AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Notice of final determination. SUMMARY: This document provides notice that the Bureau of Customs and Border Protection (“CBP”) has issued a final determination concerning the country of origin of certain printers which may be offered to the United States Government under an undesignated government procurement contract. CBP has concluded that the operations performed in each of two scenarios will result in the goods being considered products of the Netherlands. DATES: The final determination was issued on January 25, 2008. A copy of the final determination is attached. Any party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial review of this final determination within 30 days of January 31, 2008. FOR FURTHER INFORMATION CONTACT: Gerry O'Brien, Valuation and Special Programs Branch, Regulations and Rulings, Office of International Trade (202-572-8792). SUPPLEMENTARY INFORMATION: Notice is hereby given that on January 25, 2008, pursuant to subpart B of part 177, CBP Regulations (19 CFR part 177, subpart B), CBP issued a final determination concerning the country of origin of certain printers which may be offered to the United States Government under an undesignated government procurement contract. This final determination, in HQ H013150, was issued at the request of Océ North America under procedures set forth at 19 CFR part 177, subpart B, which implements Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511-18). In the final determination, CBP concluded that the operations performed in each of two scenarios will result in the goods being considered products of the Netherlands. Section 177.29, CBP Regulations (19 CFR 177.29), provides that notice of final determinations shall be published in the **Federal Register** within 60 days of the date the final determination is issued. Section 177.30, CBP Regulations (19 CFR 177.30), provides that any party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial review of a final determination within 30 days of publication of such determination in the **Federal Register** . Dated: January 25, 2008. Sandra L. Bell, Executive Director, Office of Regulations and Rulings, Office of International Trade. HQ H013150 January 25, 2008 MAR-2-05 OT:RR:CTF:VS H013150 GOB *Category:* Marking David M. Murphy, Esq. Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, 399 Park Avenue, 25th Floor, New York, NY 10022-4877 RE: U.S. Government Procurement; Title III, Trade Agreements Act of 1979 (19 U.S.C. 2511); Subpart B, Part 177, CBP Regulations; Country of Origin of Printers Dear Mr. Murphy: This is in response to your letter dated May 30, 2007, which we received by facsimile transmission on June 19, 2007, requesting a final determination on behalf of Océ North America (“Océ”), pursuant to subpart B of Part 177, Customs and Border Protection (“CBP”) Regulations (19 CFR 177.21 et seq.). We received your revised submission on July 17, 2007. Pursuant to our request for additional information, you submitted correspondence of September 28, 2007, November 2, 2007, and November 26, 2007. Under the pertinent regulations, which implement Title III of the Trade Agreements Act of 1979 (“TAA”), as amended (19 U.S.C. 2511 et seq.), CBP issues country of origin advisory rulings and final determinations as to whether an article is or would be a product of a designated country or instrumentality for the purpose of granting waivers of certain “Buy American” restrictions in U.S. law or practice for products offered for sale to the U.S. Government. You state that Océ will be the importer of the subject merchandise. This final determination concerns the country of origin of certain “Cobalt” printers. We note that Océ is a party-at-interest within the meaning of 19 CFR 177.22(d)(1) and is entitled to request this final determination. *Facts:* You describe the pertinent facts as follows. The Cobalt printer is a newly-designed wide-format printer, incorporating revolutionary print technology which was developed by Océ Technologies BV in the Netherlands. The printer will be capable of printing wide format color documents using Océ's advanced imaging devices. The subassemblies for this printer are: Imaging devices; upper module; printer cartridges; cut and receiving unit; frame lower unit; power supply unit; controller, including embedded software; and media drawer. Based upon customer needs, customized software options, developed in the Netherlands and France, will be available. Some of the printer subassemblies will be assembled in the Netherlands, some will be assembled in Malaysia. You state that, after the subassemblies are completed, they will undergo a “substantial configuration” in either the Netherlands or the United States. You claim that the imaging devices and the printer cartridges are the most important components of the printer system. The imaging devices are claimed to be the printer's most complex component and are the key to its function and capabilities because this particular printer is designed to create wide format printed sheets. The printer functions by converting a computer image signal into numerous signals and then steering each of the imaging devices, which perform the actual print process. The printing unit is steered by the printed board assembly of the imaging devices, which creates a fixed print onto a sheet of paper. The process allows the movement of the paper under the imaging devices, which require the use of printer ink/toner which is replenished with ink/toner from the cartridges when the ink/toner level lowers. The imaging devices will be produced in Océ Technologies' new manufacturing site in the Netherlands from parts of European origin obtained from European suppliers, including a printed board assembly. Each imaging device is filled with blank ink/toner and tested in the Netherlands. You state that “Océ Technologies employs trained and highly skilled operators and technicians to manufacture the imaging devices in its high tech manufacturing facility.” The imaging devices comprise fifty three percent (53%) of the printer's value. The printer cartridges contain color ink/toner which is used to print the image. The ink/toner cartridge will be produced in Océ Technologies' manufacturing facility in the Netherlands, using plastic parts sourced in China. The cartridges will be filled with ink/toner and an EPROM
(chip)inserted in the Netherlands. The chip controls communication with the engine controller. The following subassemblies will be assembled in Malaysia. The upper module, which is constructed from subunits consisting of various plates, guides, shafts, motors, printed circuit boards, and bundles, moves and guides the imaging devices along in a carriage. The upper module will be assembled in Malaysia from approximately 600 parts in a process primarily involving screwing operations using workers who are “low trained and low skilled.” European parts constitute forty percent (40%) of the value of the upper module. The upper module comprises approximately twenty seven percent (27%) of the printer's value. The controller, developed by Océ Technologies, converts the raw computer signal into specific signals to each imaging device. The keys to the controller are the mainboard, which will be sourced from a European supplier and of European origin, and its software, developed by Océ Technologies. The controller is assembled in Malaysia. In Malaysia, the cut and receiving unit, the frame lower unit, the power supply unit, the controller, and the media drawer will be assembled. In the near future, the two customer options—the roll holder and the roll loader—will be assembled in Malaysia. The Malaysian assembly costs are approximately one-half of one percent (0.5%) of the value of the printer. You state that “[a] ‘fool proof assembly design’ will be used by the Malaysian manufacturer in its assembly operations. Unskilled workers with minimal training will use simple tools to perform manufacturing operations involving mainly screwing and similarly simple processing.” After the Malaysian operations, the subassemblies will either be sent to Océ Technologies' configuration center in the Netherlands or to the United States for “substantial configuration.” The subassemblies will be unpacked and integrated into a printer. The first steps are the affixing and positioning of the imaging devices to the upper module and the mounting of the upper module on the frame lower unit. The controller unit, power supply unit, media drawers, and cut and receiving unit are added. Blank ink/toner is flushed out of the imaging devices, which are filled with colored ink/toner. The printer is precision adjusted using Océ Technologies' calibration software. After testing and fine-tuning, the printer is packed and transported to the customer. The cost of this operation is approximately three percent (3%) of the value of the printer. The values of the components relative to the finished printer are as follows: printer cartridge (includes toner and the chip)—one percent (1%); cut and receiving unit—four percent (4%); frame lower unit—three percent (3%); power supply unit—three percent (3%); media drawer—four percent (4%); imaging device—fifty three percent (53%); module upper—twenty seven percent (27%); and controller—five percent (5%). You request an origin determination that the subject printer is either country of origin United States or country of origin Netherlands under the TAA, *i.e.* , if the “substantial configuration” is performed in the United States, you request that the United States is the country of origin and if the “substantial configuration” is performed in the Netherlands, you request that the Netherlands is the country of origin. *Issue:* What is the country of origin of the subject printers for the purpose of U.S. Government procurement? *Law and Analysis:* Pursuant to Subpart B of Part 177, 19 CFR 177.21 et seq., which implements Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511 et seq.), CBP issues country of origin advisory rulings and final determinations as to whether an article is or would be a product of a designated country or instrumentality for the purposes of granting waivers of certain “Buy American” restrictions in U.S. law or practice for products offered for sale to the U.S. Government. Under the rule of origin set forth under 19 U.S.C. 2518(4)(B): An article is a product of a country or instrumentality only if
(i)it is wholly the growth, product, or manufacture of that country or instrumentality, or
(ii)in the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed. *See also,* 19 CFR 177.22(a). In determining whether the combining of parts or materials constitutes a substantial transformation, the determinative issue is the extent of operations performed and whether the parts lose their identity and become an integral part of the new article. *Belcrest Linens* v. *United States,* 573 F. Supp. 1149 (Ct. Int'l Trade 1983), *aff'd,* 741 F.2d 1368 (Fed. Cir. 1984). Assembly operations that are minimal or simple, as opposed to complex or meaningful, will generally not result in a substantial transformation. See, C.S.D. 80-111, C.S.D. 85-25, C.S.D. 89-110, C.S.D. 89-118, C.S.D. 90-51, and C.S.D. 90-97. In C.S.D. 85-25, 19 Cust. Bull. 844 (1985), CBP held that for purposes of the Generalized System of Preferences (“GSP”), the assembly of a large number of fabricated components onto a printed circuit board in a process involving a considerable amount of time and skill resulted in a substantial transformation. In that case, in excess of 50 discrete fabricated components (such as resistors, capacitors, diodes, integrated circuits, sockets, and connectors) were assembled. Whether an operation is complex and meaningful depends on the nature of the operation, including the number of components assembled, number of different operations, time, skill level required, attention to detail, quality control, the value added to the article, and the overall employment generated by the manufacturing process. The courts and CBP have also considered the essential character of the imported article in making these determinations. *See,* for example, *Uniroyal, Inc.* v. *United States,* 542 F. Supp. 1026, 3 CIT 220, 224-225
(1982)(where it was determined that imported uppers were the essence of a completed shoe) and *National Juice Products Association, et al* v. *United States,* 628 F. Supp. 978, 10 CIT 48, 61
(1986)(where the court addressed each of the factors (name, character, and use) in finding that no substantial transformation occurred in the production of retail juice products from manufacturing concentrate). In order to determine whether a substantial transformation occurs when components of various origins are assembled into completed products, CBP considers the totality of the circumstances and makes such determinations on a case-by-case basis. The country of origin of the item's components, extent of the processing that occurs within a country, and whether such processing renders a product with a new name, character, and use are primary considerations in such cases. Additionally, factors such as the resources expended on product design and development, extent and nature of post-assembly inspection and testing procedures, and worker skill required during the actual manufacturing process will be considered when determining whether a substantial transformation has occurred. No one factor is determinative. As stated above, there are eight subassemblies which form the completed printer: Imaging devices; upper module; cartridges; cut and receiving unit; frame lower unit; power supply unit; controller; and media drawer. The imaging devices and the cartridges will be assembled in the Netherlands; the other six subassemblies will be assembled in Malaysia. After certain of the operations are performed in Malaysia, the subassemblies will either be sent to Océ Technologies' configuration center in the Netherlands or to the United States. Under this procedure, the operations performed will be the same whether they are performed in the Netherlands or the United States. You request a determination with respect to each of these scenarios, *i.e.* , the country of origin if the configuration is performed in the Netherlands and the country of origin if the configuration is performed in the United States. You state that the imaging devices and the cartridges are the most important components of the printer. You state that the imaging devices are the printer's most complex component and are the heart of the printer's function and capabilities. The printer functions by converting a computer image signal into numerous signals and then steering each of the imaging devices, which perform the actual print process. We have stated that the origin of components is a relevant factor in substantial transformation determinations and that the outcome may change depending on where the various components originate and where they are assembled. *See,* for example, HQ 734256, dated July 1, 1992. Based upon the description of the printer, which is designed to create wide format printed sheets, we agree that the essential character of the printer is imparted by the imaging device, which is produced in the Netherlands. Based upon this fact, in connection with the final assembly operations performed in the Netherlands, we find that the country of origin for government procurement purposes is the Netherlands, *i.e.* , the goods which are imported into the Netherlands from Malaysia and combined with the goods already in the Netherlands are substantially transformed in the Netherlands. The cumulative effect of the operations performed in the Netherlands and the fact that the imaging devices and the printer cartridges, both of which will be assembled in the Netherlands, are the most important components of the printer, allow us to conclude that the origin is the Netherlands. The imaging devices, which comprise approximately 53% of the printer's value, are the key to the printer's function and capabilities. Further, we find that if the above-described operations are performed in the United States, the country of origin for government procurement purposes is the Netherlands, *i.e.* , a substantial transformation does not occur in the United States. We note that none of these subassemblies is produced in the United States. We find that the assembly operations to be performed in the United States are not of such complexity and meaningfulness that they result in a substantial transformation of any of the subassemblies in the United States and that the origin of the printer will be imparted by the essential character of the printer, the imaging device. *Holdings:* In the situation in which the final assembly of the printer is performed in the Netherlands, the country of origin for government procurement purposes is the Netherlands, the country in which the imaging device and toner cartridge are produced and in which the final assembly is performed. In the instance in which the final assembly of the printer is performed in the United States, the country of origin for government procurement purposes is the Netherlands, the country in which the imaging device and toner cartridge are produced. Notice of this final determination will be given in the **Federal Register** , as required by 19 CFR 177.29. Any party-at-interest other than the party which requested the final determination may request, pursuant to 19 CFR 177.31, that CBP reexamine the matter anew and issue a new final determination. Any party-at-interest may, within 30 days after publication of the **Federal Register** notice referenced above, seek judicial review of this final determination before the Court of International Trade. Sincerely, Sandra L. Bell, *Executive Director, Office of Regulations and Rulings, Office of International Trade.* [FR Doc. E8-1685 Filed 1-30-08; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5193-N-03] Notice of Proposed Information Collection for Public Comment: Housing Counseling Outcome Evaluation AGENCY: Office of the Policy Development and Research, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget
(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comments Due Date:* March 31, 2008. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control number and should be sent to: Reports Liaison Officer, Office of Policy Development & Research, Department of Housing and Urban Development, 451 7th Street, SW., Room 8226, Washington, DC 20410-5000. FOR FURTHER INFORMATION CONTACT: Marina L. Myhre,
(202)708-3700, extension 5705 for copies of the proposed forms and other available documents. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: The Department will submit the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated collection techniques or other forms of information technology (e.g., permitting electronic submission of responses). This Notice also lists the following information: *Title of Proposal:* Housing Counseling Outcome Evaluation. *Description of the need for the information and proposed use:* This request is for the clearance of survey instruments designed to provide statistically accurate information on the outcomes realized by clients of housing counseling agencies seeking assistance to either purchase a home (pre-purchase clients) or to resolve or prevent mortgage delinquency (post-purchase clients). Up to 60 housing counseling agencies will be recruited to voluntarily participate in the study. These agencies will be asked to seek the voluntary participation of all of their pre-purchase, post-purchase, and mortgage foreclosure mitigation and prevention clients over an eight-week period, with the goal of enrolling up to 1,000 pre-purchase clients; up to 1,000 post-purchase clients; and up to 2,000 mortgage foreclosure mitigation and prevention clients. Participating clients will be asked to complete a baseline survey providing demographic and financial information on their household and their reasons for seeking counseling. The participating counseling agencies will be asked to provide information on the characteristics of all counseling services provided to participating clients over a six-month period. Counseling agencies will also be asked to provide information on all of their educators and counselors providing services to these clients, including basic demographics and information on their experience and training as educators and counselors. The purpose of these surveys is to gather information needed to both document the share of clients realizing different outcomes following counseling and to analyze how these outcomes vary with the characteristics of clients and the services they receive. *OMB Approval Number:* Pending. *Agency form numbers:* None. *Members of Affected Public:* Up to 60 housing Counseling Agencies and up to 4,000 counseling clients. *Estimation of the total number of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:* The average time per client for counseling agencies to document the services provided over a six-month period is two hours. The average time for counseling agencies to complete the survey on educator and counselor characteristics is one-quarter of an hour (with an expected average of eight counselors per agency). The average time for clients to complete the baseline survey instrument is one-half hour. Total burden hours are 8,120 for counseling agencies and 2,000 for counseling clients, or 10,120 total burden hours. *Status of the proposed information collection:* Pending OMB approval. Authority: Section 3506 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: January 24, 2008. Darlene F. Williams, Assistant Secretary for Policy Development and Research. [FR Doc. E8-1699 Filed 1-30-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5187-N-02] Consolidated Plan and Annual Performance Report for Grantees AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget
(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. The information is collected from all localities and states participating in any one of CPD's four formula grant programs to determine each jurisdiction's compliance with statutory and regulatory requirements. DATES: *Comments Due Date:* March 3, 2008. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2506-0117) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail Lillian Deitzer at *Lillian_L_Deitzer@HUD.gov* or telephone
(202)708-2374. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Deitzer. SUPPLEMENTARY INFORMATION: This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the Information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This notice also lists the following information: *Title of Proposal* : Consolidated Plan and Annual Performance Report for Grantees. *OMB Approval Number:* 2506-0117. *Form Numbers:* None. *Description of the Need for the Information and Its Proposed Use:* The information is collected from all localities and states participating in any one of CPD's four formula grant programs to determine each jurisdiction's compliance with statutory and regulatory requirements. *Frequency of Submission:* Annually. Number of respondents × Annual responses × Hours per response = Burden hours Reporting Burden 1,150 1.91 256 563,700. *Total Estimated Burden Hours:* 563,700. *Status* : Extension of a currently approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: January 25, 2008. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E8-1783 Filed 1-30-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5161-N-03] Credit Watch Termination Initiative AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice. SUMMARY: This notice advises of the cause and effect of termination of Origination Approval Agreements taken by HUD's Federal Housing Administration
(FHA)against HUD-approved mortgagees through the FHA Credit Watch Termination Initiative. This notice includes a list of mortgagees which have had their Origination Approval Agreements terminated. FOR FURTHER INFORMATION CONTACT: The Quality Assurance Division, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room B133-P3214, Washington, DC 20410-8000; telephone
(202)708-2830 (this is not a toll free number). Persons with hearing or speech impairments may access that number through TTY by calling the Federal Information Relay Service at
(800)877-8339. SUPPLEMENTARY INFORMATION: HUD has the authority to address deficiencies in the performance of lenders' loans as provided in HUD's mortgagee approval regulations at 24 CFR 202.3. On May 17, 1999 HUD published a notice (64 FR 26769), on its procedures for terminating Origination Approval Agreements with FHA lenders and placement of FHA lenders on Credit Watch status (an evaluation period). In the May 17, 1999 notice, HUD advised that it would publish in the **Federal Register** a list of mortgagees, which have had their Origination Approval Agreements terminated. *Termination of Origination Approval Agreement:* Approval of a mortgagee by HUD/FHA to participate in FHA mortgage insurance programs includes an Origination Approval Agreement (Agreement) between HUD and the mortgagee. Under the Agreement, the mortgagee is authorized to originate single-family mortgage loans and submit them to FHA for insurance endorsement. The Agreement may be terminated on the basis of poor performance of FHA-insured mortgage loans originated by the mortgagee. The termination of a mortgagee's Agreement is separate and apart from any action taken by HUD's Mortgagee Review Board under HUD's regulations at 24 CFR part 25. *Cause:* HUD's regulations permit HUD to terminate the Agreement with any mortgagee having a default and claim rate for loans endorsed within the preceding 24 months that exceeds 200 percent of the default and claim rate within the geographic area served by a HUD field office, and also exceeds the national default and claim rate. For the 33rd review period, HUD is terminating the Agreement of mortgagees whose default and claim rate exceeds both the national rate and 200 percent of the field office rate. *Effect:* Termination of the Agreement precludes that branch(s) of the mortgagee from originating FHA-insured single-family mortgages within the area of the HUD field office(s) listed in this notice. Mortgagees authorized to purchase, hold, or service FHA insured mortgages may continue to do so. Loans that closed or were approved before the termination became effective may be submitted for insurance endorsement. Approved loans are
(1)those already underwritten and approved by a Direct Endorsement
(DE)underwriter employed by an unconditionally approved DE lender and
(2)cases covered by a firm commitment issued by HUD. Cases at earlier stages of processing cannot be submitted for insurance by the terminated branch; however, they may be transferred for completion of processing and underwriting to another mortgagee or branch authorized to originate FHA insured mortgages in that area. Mortgagees are obligated to continue to pay existing insurance premiums and meet all other obligations associated with insured mortgages. A terminated mortgagee may apply for a new Origination Approval Agreement if the mortgagee continues to be an approved mortgagee meeting the requirements of 24 CFR 202.5, 202.6, 202.7, 202.8 or 202.10 and 202.12, if there has been no Origination Approval Agreement for at least six months, and if the Secretary determines that the underlying causes for termination have been remedied. To enable the Secretary to ascertain whether the underlying causes for termination have been remedied, a mortgagee applying for a new Origination Approval Agreement must obtain an independent review of the terminated office's operations as well as its mortgage production, specifically including the FHA-insured mortgages cited in its termination notice. This independent analysis shall identify the underlying cause for the mortgagee's high default and claim rate. The review must be conducted and issued by an independent Certified Public Accountant
(CPA)qualified to perform audits under Government Auditing Standards as provided by the Government Accountability Office. The mortgagee must also submit a written corrective action plan to address each of the issues identified in the CPA's report, along with evidence that the plan has been implemented. The application for a new Agreement should be in the form of a letter, accompanied by the CPA's report and corrective action plan. The request should be sent to the Director, Office of Lender Activities and Program Compliance, 451 Seventh Street, SW., Room B133-P3214, Washington, DC 20410-8000 or by courier to 490 L'Enfant Plaza, East, SW., Suite 3214, Washington, DC 20024-8000. *Action:* The following mortgagees have had their Agreements terminated by HUD: Mortgagee name Mortgagee branch address HUD office jurisdictions Termination effective date Homeownership centers Putnam Mortgage & Finance, LLC 305 1/2 South Jefferson Ave, Eatonton, GA 31024 Atlanta 12/5/2007 Atlanta. Dated: December 21, 2007. Ronald Y. Spraker, Deputy Assistant Secretary for Finance and Budget Office of Housing. [FR Doc. E8-1700 Filed 1-30-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Information Collection Sent to the Office of Management and Budget
(OMB)for Approval; OMB Control Number 1018-0102; Applications for Special Use Permits on National Wildlife Refuges Outside Alaska AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice; request for comments. SUMMARY: We (Fish and Wildlife Service) have sent an Information Collection Request
(ICR)to OMB for review and approval. The ICR, which is summarized below, describes the nature of the collection and the estimated burden and cost. This ICR is scheduled to expire on January 31, 2008. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB. DATES: You must submit comments on or before March 3, 2008. ADDRESSES: Send your comments and suggestions on this ICR to the Desk Officer for the Department of the Interior at OMB-OIRA at
(202)395-6566
(fax)or OIRA_DOCKET@OMB.eop.gov (e-mail). Please provide a copy of your comments to Hope Grey, Information Collection Clearance Officer, Fish and Wildlife Service, MS 222-ARLSQ, 4401 North Fairfax Drive, Arlington, VA 22203 (mail);
(703)358-2269 (fax); or hope_grey@fws.gov (e-mail). FOR FURTHER INFORMATION CONTACT: To request additional information about this ICR, contact Hope Grey by mail, fax, or e-mail (see ADDRESSES) or by telephone at
(703)358-2482. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 1018-0102. *Title:* Applications for Special Use Permits on National Wildlife Refuges Outside Alaska, 50 CFR 25.41, 25.61, 26.36, 27.71, 27.91, 27.97, 29.1, 29.2, 30.11, 31.2, 31.13, 31.14, 31.16, and 32.2(1), and 43 CFR 5. *Service Form Number(s):* 3-1383. *Type of Request:* Revision of existing collection. *Affected Public:* Individuals and households; business and other for-profit organizations; nonprofit institutions; farms; and State, local, or tribal governments. *Respondent's Obligation:* Required to obtain or retain a benefit. *Frequency of Collection:* On occasion. *Estimated Annual Number of Respondents:* 14,225. *Estimated Total Annual Responses:* 14,225. *Estimated Time Per Response:* 1 hour. *Estimated Total Annual Burden Hours:* 14,225. *Abstract:* The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee) (Administration Act) and the Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4) (Recreation Act) govern the administration and uses of national wildlife refuges and wetland management districts. The Administration Act consolidated all of the different refuge areas into a single National Wildlife Refuge System (System). It also authorizes us to permit public accommodations, including commercial visitor services, on lands of the System when we find that the activity is compatible and appropriate with the purpose for which the refuge was established. The Recreation Act allows the use of refuges for public recreation when it is not inconsistent or does not interfere with the primary purpose(s) of the refuge. In our general refuge regulations, we provide for public entry for specialized purposes, including economic activities such as the operation of guiding and other visitor services on refuges by concessionaires or cooperators under the appropriate legal instrument or special use permits (50 CFR 25.41, 25.61, 26.36, 27.71, 27.91, 27.97, 29.1, 29.2, 30.11, 31.2, 31.13, 31.14, 31.16, and 32.2(1), and 43 CFR 5). These regulations provide the authorities and procedures for allowing permits on refuges outside of Alaska. We will issue special use permits for a specific period as determined by the type and location of the use or visitor service provided. These permits authorize activities such as:
(1)Farming operations (haying and grazing, 50 CFR 29.2).
(2)Beneficial management tools that we use to provide the best habitat possible on some refuges (50 CFR 30.11, 31.14, and 31.16).
(3)Recreational visitor service operations (50 CFR 25.41 and 25.61).
(4)Commercial filming (50 CFR 27.71) and other commercial activities (50 CFR 29.1).
(5)Research and other noncommercial activities (50 CFR 26.36). We collect the following information in both form (FWS Form 3-1383) and nonform format:
(1)Identifying data (name, organization, address, and telephone number);
(2)Activity for which the permit is being requested (agriculture, commercial, research/monitoring, commercial visitor services, commercial filming, special event, etc.);
(3)Description of the activity including:
(a)Where it will take place (units, trails, roads);
(b)When (seasons, days, hours);
(c)How (methods, techniques, transportation);
(d)Frequency (one time, daily, occasionally);
(e)Number of people/vehicles/boats;
(f)Special needs/access. In addition to the above, we may require researchers to provide a copy of their research proposal. This information helps us to:
(1)Determine if requested activities are compatible and appropriate with the purpose for which the refuge was established.
(2)Ensure that the applicant is eligible for the permit. *Comments:* On November 28, 2007, we published in the Federal Register (72 FR 67313) a notice of our intent to request that OMB renew this ICR. In that notice, we solicited comments for 60 days, ending on January 28, 2008. We received one comment. The commenter did not address the information collection requirements, but stated that there should be no economic use on national wildlife refuges and requested a list of all permits granted in the past year. As stated in item 1 above, the Administration Act authorizes us to permit public accommodations, including commercial visitor services, on lands of the System when we find that the activity is compatible and appropriate with the purpose for which the refuge was established. We do not maintain a consolidated list of special use permits. We encouraged the commenter to contact individual refuges to obtain the desired information and provided a website that lists contact information. We did not make any changes to our information collection requirements as a result of this comment. We again invite comments concerning this information collection on:
(1)whether or not the collection of information is necessary, including whether or not the information will have practical utility;
(2)the accuracy of our estimate of the burden for this collection of information;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)ways to minimize the burden of the collection of information on respondents. Comments that you submit in response to this notice are a matter of public record. 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 OMB in your comment to withhold your personal identifying information from public review, we cannot guarantee that it will be done. Dated: January 8, 2008 Hope Grey, Information Collection Clearance Officer, Fish and Wildlife Service. FR Doc. E8-1669 Filed 1-30-08; 8:45 pm BILLING CODE 4310-55-S DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Final Comprehensive Conservation Plan and Environmental Assessment for Bear Butte National Wildlife Refuge, South Dakota AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability. SUMMARY: We, the U.S. Fish and Wildlife Service (Service) announce the availability of our Final Comprehensive Conservation Plan (Plan), Environmental Assessment
(EA)and Finding of No Significant Impact (FONSI) for Bear Butte National Wildlife Refuge (Refuge). This Final Plan describes how the Service intends to manage the Refuge for the next 15 years. ADDRESSES: A copy of the Plan may be obtained by writing to U.S. Fish and Wildlife Service, Division of Refuge Planning, P.O. Box 25486, Denver Federal Center, Denver, Colorado 80225; or by download from *http://mountain-prairie.fws.gov/planning* . FOR FURTHER INFORMATION CONTACT: Michael Spratt, at
(303)236-4366,
(303)236-4792 (fax), or e-mail *Michael_Spratt@fws.gov* . SUPPLEMENTARY INFORMATION: This Refuge was established as a Limited-interest Refuge in the late 1930s with the acquisition of easements from private landowners, the State of South Dakota (State) and the War Department (now transferred to the Bureau of Land Management at Fort Meade), to maintain an area for “migratory bird, wildlife conservation, and other purposes.” The Refuge is 374.20 acres and has no fee title. The easement obtained from the State only applies to lands below the ordinary high-water mark of the lake. A Cooperative Agreement was entered into with the State on July 12, 1967, to administer, operate, and maintain the Refuge pursuant to the rights and interest in real property acquired by the United States, and more particularly described in the easement agreements. The draft Plan and EA was made available for public review and comment following the announcement in the **Federal Register** on February 8, 2007 (72 FR 5990). The draft Plan and EA identified and evaluated two alternatives for managing the Refuge for the next 15 years. Under the No Action Alternative (Current Management), the Service would continue to manage the Refuge within the parameters of the Cooperative Agreement with South Dakota Game, Fish and Parks. Existing habitat within the easement and all public programs would continue to be administered and maintained by the State. Current habitat and wildlife management practices would be carried out by State Game, Fish, and Parks personnel and levels of public use would remain the same. The facilities and activities (hiking, picnicking, designated camping, fishing and a horse camp) would remain the same. Alternative B, the Proposed Action (Relinquish Easement to Current Landowners), would take the Refuge out of the National Wildlife Refuge System and transfer the easements to current landowners. Under this Alternative, the habitat, public use, cultural resources and operations would be managed by the landowners (primarily the State). The Service's easement requirements would no longer exist. The Service would divest its interest in the Refuge. This would be carried out within the 15-year life of the Plan. Once the Plan was approved, the managing station would work with the Division of Realty and the Division of Planning to prepare a proposal to divest this Refuge. The proposal would be submitted to the Migratory Bird Conservation Commission for concurrence and then submitted for Congressional approval. The Service evaluated whether or not to divest the Refuge. After careful consideration of tribal concerns and issues raised by the public, the Preferred Alternative was changed from Alternative B: Proposed Action (Relinquish Easement to Current Landowners) to Alternative A: No Action (Current Management). A large number of comments were received from tribal governments expressing concern regarding divesting this Limited-interest Refuge. While there was recognition that the Service interests are extremely limited, there was overwhelming support for the Service to continue its presence, particularly in light of the National significance of Bear Butte itself (not part of the Refuge). Therefore, the Refuge will continue to be managed according to its 1967 Cooperative Agreement with the State. According to Refuge Planning Policy (May 25, 2000), the Plan and EA should be revised when significant new information becomes available. This should occur every 15 years or sooner, if necessary. It is important to note, that if conditions change, the Service could reconsider actions approved in the Plan. If revisions were considered, full disclosure through extensive public involvement utilizing the requirements of the National Environmental Policy Act and other compliance procedures would be closely followed. The Service is furnishing this Notice to advise other agencies and the public of the availability of the final Plan and EA, to provide information on the desired conditions for the Refuge, and to detail how the Service will implement management strategies. Based on the review and evaluation of the information contained in the EA, the Regional Director has determined that implementation of the Final Plan does not constitute a major Federal action that would significantly affect the quality of the human environment within the meaning of Section 102(2)(c) of the National Environmental Policy Act. Therefore, an Environmental Impact Statement will not be prepared. Dated: January 24, 2008. Gary G. Mowad, Acting Regional Director. [FR Doc. E8-1729 Filed 1-30-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R8-ES-2008-N0008; 80221-1113-0000-F5] Endangered Species Recovery Permit Applications AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of permit applications; request for comment. SUMMARY: We invite the public to comment on the following applications to conduct certain activities with endangered species. DATES: Comments on these permit applications must be received on or before March 3, 2008. ADDRESSES: Written data or comments should be submitted to the U.S. Fish and Wildlife Service, Endangered Species Program Manager, Region 8, 2800 Cottage Way, Room W-2606, Sacramento, CA 95825 (telephone: 916-414-6464; fax: 916-414-6486). Please refer to the respective permit number for each application when submitting comments. All comments received, including names and addresses, will become part of the official administrative record and may be made available to the public. FOR FURTHER INFORMATION CONTACT: Daniel Marquez, Fish and Wildlife Biologist, see ADDRESSES , (telephone: 760-431-9440; fax: 760-431-9624). SUPPLEMENTARY INFORMATION: The following applicants have applied for scientific research permits to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act (16 U.S.C. 1531 *et seq.* ). The U.S. Fish and Wildlife Service (“we”) solicits review and comment from local, State, and Federal agencies, and the public on the following permit requests. 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. Permit No. TE-085026 *Applicant:* Jeff Steinman, San Juan Capistrano, California The applicant requests an amendment to take (locate and monitor nests) the least Bell's vireo ( *Vireo bellii pusillus* ) in conjunction with surveys and population monitoring throughout the range of the species in California, for the purpose of enhancing its survival. Permit No. TE-172629 *Applicant:* Kirsten Sellheim, Davis, California The applicant requests an amendment to take (capture, collect, and kill) the Conservancy fairy shrimp ( *Branchinecta conservatio* ), the longhorn fairy shrimp ( *Branchinecta longiantenna* ), and the vernal pool tadpole shrimp ( *Lepidurus packardi* ) in conjunction with research and genetic analysis in Lassen, Plumas, Mendocino, Lake Colusa, Sacramento, Napa, Alameda, Merced, Stanislaus, Fresno, Solano, San Luis Obispo, and Santa Barbara Counties, California, and in Jackson County, Oregon, for the purpose of enhancing their survival. Permit No. TE-035879 *Applicant:* Wildlands Incorporated, Rocklin, California The permittee requests an amendment to take (harass by survey, capture, handle, and release) the California tiger salamander ( *Ambystoma californiense* ) in conjunction with surveys throughout the range of the species in California, for the purpose of enhancing its survival. Permit No. TE-809232 *Applicant:* Bio-West, Incorporated, Logan, Utah The applicant requests an amendment to remove/reduce to possession *Nitrophila mohavensis* (Amargosa nitorphila) from Federal lands in conjunction with research in Nye County, Nevada, for the purpose of enhancing its survival. We solicit public review and comment on each of these recovery permit applications. Comments and materials we receive will be available for public inspection, by appointment, during normal business hours at the address listed in the ADDRESSES section of this notice. Dated: January 24, 2008. Michael Fris, Acting Regional Director, Region 8, Sacramento, California. >[FR Doc. E8-1684 Filed 1-30-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR U.S. Geological Survey Scientific Earthquake Studies Advisory Committee AGENCY: U.S. Geological Survey. ACTION: Notice of meeting. SUMMARY: Pursuant to Public Law 106-503, the Scientific Earthquake Studies Advisory Committee (SESAC) will hold its 17th meeting. The meeting location is the U.S. Geological Survey, John Wesley Powell National Center, Room 1B215, 12201 Sunrise Valley Drive, Reston, Virginia 20192. The Committee is comprised of members from academia, industry, and State government. The Committee shall advise the Director of the U.S. Geological Survey
(USGS)on matters relating to the USGS's participation in the National Earthquake hazards Reduction Program. The Committee will receive updates and provide guidance on Earthquake Hazards Program activities and the status of teams supported by the Program. Meetings of the Scientific Earthquake Studies Advisory Committee are open to the public. DATES: February 19, 2008, commencing at 8:30 a.m. and adjourning at 5 p.m. *Contact:* Dr. David Applegate, U.S. Geological Survey, MS 905, 12201 Sunrise Valley Drive, Reston, Virginia 20192,
(703)648-6714, *applegate@usgs.gov* . Dated: January 24, 2008. Peter Lyttle, Acting Associate Director for Geology. [FR Doc. 08-425 Filed 1-30-08; 8:45 am]
Connectionstraces to 10
Traces to 10 documents
CFR
20 references not yet in our index
- Pub. L. 104-13
- 5 CFR 1320.1
- 19 CFR 177
- 19 USC 2511-18
- 573 F. Supp. 1149
- 741 F.2d 1368
- 542 F. Supp. 1026
- 628 F. Supp. 978
- 44 USC 35
- 24 CFR 25
- 50 CFR 25.41
- 43 CFR 5
- 16 USC 668dd-668ee
- 16 USC 460k-460k
- 50 CFR 29.2
- 50 CFR 30.11
- 50 CFR 27.71
- 50 CFR 29.1
- 50 CFR 26.36
- Pub. L. 106-503
Citation graph
cites case law
Notices
60-Day Notice and request for comments; Reinstatement without change of a previously approved information collection OMB Control Number 1601-0003
F. Supp.573 F. Supp. 1149
F. App'x741 F.2d 1368
F. Supp.542 F. Supp. 1026
Cites 30 · showing 12Cited by 0 across 0 sources