30 Day FRN

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Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Notices

of this publication and the later of October
1, 2012 or the beginning of their fiscal years.
[FR Doc. 2012–6220 Filed 3–14–12; 8:45 am]
BILLING CODE 4184–24–P

U.S. Customs and Border Protection

DEPARTMENT OF HEALTH AND
HUMAN SERVICES

Agency Information Collection
Activities: Application for Withdrawal
of Bonded Stores for Fishing Vessels
and Certificate of Use

National Institutes of Health

Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. App.), notice is
hereby given of the following meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute of
General Medical Sciences Special Emphasis
Panel Peer Review of Systems Biology (P50)
Grant. Applications
Date: April 5, 2012.
Time: 8 a.m. to 5 p.m.
Agenda: To review and evaluate grant
applications.
Place: Hyatt Regency Bethesda, 7400
Wisconsin Avenue, Bethesda, MD 20814.
Contact Person: C. Craig Hyde, Ph.D.,
Scientific Review Officer, Office of Scientific
Review, National Institute of General Medical
Sciences, National Institutes of Health, 45
Center Drive, Room 3An.18A, Bethesda, MD
20892–6200, 301–435–3825, [email protected].
(Catalogue of Federal Domestic Assistance
Program Nos. 93.375, Minority Biomedical
Research Support; 93.821, Cell Biology and
Biophysics Research; 93.859, Pharmacology,
Physiology, and Biological Chemistry
Research; 93.862, Genetics and
Developmental Biology Research; 93.88,
Minority Access to Research Careers; 93.96,
Special Minority Initiatives, National
Institutes of Health, HHS)
Dated: March 9, 2012.
Jennifer S. Spaeth,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. 2012–6339 Filed 3–14–12; 8:45 am]
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U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: 30-Day notice and request for
comments; Extension of an existing
information collection: 1651–0092.
AGENCY:

National Institute of General Medical
Sciences; Notice of Closed Meeting

srobinson on DSK4SPTVN1PROD with NOTICES

DEPARTMENT OF HOMELAND
SECURITY

U.S. Customs and Border
Protection (CBP) of the Department of
Homeland Security will be submitting
the following information collection
request to the Office of Management and
Budget (OMB) for review and approval
in accordance with the Paperwork
Reduction Act: Application for
Withdrawal of Bonded Stores for
Fishing Vessels and Certificate of Use
(CBP Form 5125). This is a proposed
extension of an information collection
that was previously approved. CBP is
proposing that this information
collection be extended with a change to
the burden hours. This document is
published to obtain comments from the
public and affected agencies. This
information collection was previously
published in the Federal Register (77
FR 1497) on January 10, 2012, allowing
for a 60-day comment period. This
notice allows for an additional 30 days
for public comments. This process is
conducted in accordance with 5 CFR
1320.10.

SUMMARY:

Written comments should be
received on or before April 16, 2012.
ADDRESSES: Interested persons are
invited to submit written comments on
this information collection to the Office
of Information and Regulatory Affairs,
Office of Management and Budget.
Comments should be addressed to the
OMB Desk Officer for U.S. Customs and
Border Protection, Department of
Homeland Security, and sent via
electronic mail to
[email protected] or faxed
to (202) 395–5806.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Tracey Denning,
U.S. Customs and Border Protection,
Regulations and Rulings, Office of
International Trade, 799 9th Street NW.,
5th Floor, Washington, DC 20229–1177,
at 202–325–0265.
SUPPLEMENTARY INFORMATION: CBP
invites the general public and affected
Federal agencies to submit written
DATES:

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comments and suggestions on proposed
and/or continuing information
collection requests pursuant to the
Paperwork Reduction Act (Pub. L. 104–
13). Your comments should address one
of the following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency/component,
including whether the information will
have practical utility;
(2) Evaluate the accuracy of the
agencies/components 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
collections of information on those who
are to respond, including the use of
appropriate automated, electronic,
mechanical, or other technological
techniques or other forms of
information.
Title: Application for Withdrawal of
Bonded Stores for Fishing Vessels and
Certificate of Use.
OMB Number: 1651–0092.
Form Number: CBP Form 5125.
Abstract: CBP Form 5125, Application
for Withdrawal of Bonded Stores for
Fishing Vessel and Certificate of Use, is
used to request the permission of the
CBP port director for the withdrawal
and lading of bonded merchandise
(especially alcoholic beverages) for use
on board fishing vessels involved in
international trade. The applicant must
certify on CBP Form 5125 that supplies
on board were either consumed, or that
all unused quantities remain on board
and are adequately secured for use on
the next voyage. CBP uses this form to
collect information such as the name
and identification number of the vessel,
ports of departure and destination, and
information about the crew members.
The information collected on this form
is authorized by Section 309 of the
Tariff Act of 1930, and is provided for
by 19 CFR 10.59(e). CBP Form 5125 is
accessible at http://forms.cbp.gov/pdf/
CBP_Form_5125.pdf.
Current Actions: CBP proposes to
extend the expiration date of this
information collection with a change to
the burden hours as a result of
increasing the estimated response time
from five minutes to twenty minutes.
There are no changes to the information
collected or to CBP Form 5125.
Type of Review: Extension (with
change).
Affected Public: Businesses.
Estimated Number of Respondents:
500.

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Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Notices
Estimated Number of Total Annual
Responses: 500.
Estimated Time per Response: 20
minutes.
Estimated Total Annual Burden
Hours: 165.
Dated: March 12, 2012.
Tracey Denning,
Agency Clearance Officer, U.S. Customs and
Border Protection.
[FR Doc. 2012–6310 Filed 3–14–12; 8:45 am]
BILLING CODE 9111–14–P

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket Number FR–5427–N–02]

Protecting Tenants at Foreclosure Act:
Additional Guidance on Notification
Responsibilities Under the Act With
Respect to Occupied Conveyance
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:

This notice provides
additional guidance on the notice,
entitled ‘‘Protecting Tenants at
Foreclosure: Notice of Responsibilities
Placed on Immediate Successors in
Interest Pursuant to Foreclosure of
Residential Property,’’ published in the
Federal Register on June 24, 2009, and
supplemented by further information
published on October 28, 2010. The
October 2010 notice provided guidance
on the relationship between the Federal
Housing Administration’s (FHA’s)
current regulations on occupied
conveyance and the protections for
existing tenants under the Protecting
Tenants at Foreclosure Act of 2009
(PTFA). This notice provides further
guidance on the relationship between
FHA regulations and the protections for
existing tenants under the PTFA.
FOR FURTHER INFORMATION CONTACT:
James Hass, Housing Program Specialist,
Office of Single Family Asset
Management, Office of Housing,
Department of Housing and Urban
Development, 451 7th Street SW., Room
9172, Washington, DC 20410–8000;
telephone number 202–708–1672 (this
is not a toll-free number). Persons with
hearing or speech challenges may access
this number through TTY by calling the
toll-free Federal Information Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:

srobinson on DSK4SPTVN1PROD with NOTICES

SUMMARY:

I. Background of PTFA and HUD’s June
2009 Notice
The Protecting Tenants at Foreclosure
Act of 2009, Title VII of the Helping

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Families Save Their Homes Act of 2009
(Pub. L. 111–22, approved May 20,
2009) (codified at 12 U.S.C. 5220 note),
requires that any immediate successor
in interest take a foreclosed residential
property subject to the existing lease
and provide tenants residing in the
property with notice to vacate at least 90
days in advance of the date by which
the successor, generally, the purchaser,
seeks to have the tenants vacate the
property. Except where the purchaser
will occupy the property as the primary
residence, the term of any bona fide
lease entered into before the notice of
foreclosure and extending beyond 90
days also remains in effect. The PTFA
was enacted during a period when
unprecedented numbers of foreclosures
were occurring across the country.
Often, tenants residing as leaseholders
in residential properties become
collateral victims in addition to
homeowners when foreclosures occur,
and are forced to vacate their
leaseholds, often with minimal notice.
The PTFA ensures that tenants receive
appropriate notice of foreclosure and are
not abruptly displaced.
Sections 702 and 703 of PTFA define
the scope of PTFA’s coverage over
residential properties. The Section 702
requirements provide tenants with at
least 90 days’ advance notice to vacate
and to preserve the term of any bona
fide lease apply to foreclosures on all
Federally related mortgage loans or on
any dwelling or residential real
property. Section 703 makes conforming
changes consistent with the Section 702
requirements to the Section 8 rental
voucher assistance provisions of the
United States Housing Act of 1937 (1937
Act). The protections provided by PTFA
sunset on December 31, 2014.
Section 1484 of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act (Pub. L. 111–203, approved July 21,
2010) amended PTFA, and extended the
PTFA protections to December 31, 2014.
Section 1484 of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act also defined when ‘‘date of notice
of foreclosure’’ occurs. Section 1484
provides in relevant part as follows:
‘‘the date of a notice of foreclosure shall
be deemed to be the date on which
complete title to a property is
transferred to a successor entity or
person as a result of an order of a court
or pursuant to provisions in a mortgage,
deed of trust, or security deed.’’
To fall under the Act, a bona fide
lease must be entered into prior to the
date of the notice of foreclosure, which
is defined as ‘‘the date on which
complete title to a property has been
transferred to a successor entity or
person as a result of an order of a court

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15379

or pursuant to the provisions in a
mortgage, deed of trust, or security
deed.’’ A bona fide lease is one in
which: (1) The mortgagor or the child,
spouse, or parent of the mortgagor under
the contract is not the tenant; (2) the
lease or tenancy was the result of an
arms-length transaction; and (3) the
lease or tenancy requires the receipt of
rent that is not substantially less than
fair market rent for the property or the
unit’s rent is reduced or subsidized due
to a federal, state, or local subsidy. The
requirements of the PTFA apply with
respect to properties secured by FHAinsured mortgages as well as those in
the Section 8 program.
The notice that HUD published on
June 24, 2009 (74 FR 3–1–6), addressed
the general applicability of PTFA
protections to HUD programs, provided
basic guidance, and advised where HUD
program participants and other
interested parties may find more
detailed guidance directed to HUD
programs. Following issuance of the
June 24, 2009, notice, HUD began
receiving questions about the interplay
of the PTFA notice requirements with
the notice requirements of FHA’s
occupied conveyance regulations. HUD
therefore issued a second notice on
PTFA to specifically address how the
PTFA tenant protections work in the
context of FHA regulations.
II. FHA’s Occupied Conveyance
Regulations—October 28, 2010 Notice
The Federal Register notice,
published by HUD on October 28, 2010
(75 FR 66385), provided the following
guidance on compliance with the FHA’s
occupied conveyance regulations, and
the tenant protections provided by the
PTFA.
Upon default of an FHA-insured
mortgage, and under FHA’s existing
regulations, the mortgagee must engage
in loss mitigation for the purpose of
providing an alternative to foreclosure.
Should such loss mitigation efforts be
unsuccessful, the mortgagee will
generally foreclose and convey the
property to FHA in exchange for an
FHA mortgage insurance claim. FHA
generally requires the mortgagee to
convey the property unoccupied, but in
certain circumstances, as described in
FHA’s occupied conveyance regulations
at 24 CFR 203.670–203.681, FHA will
accept the property occupied. In cases
where the regulations would not permit
the occupied conveyance of the
property, the mortgagee must acquire
possession before conveying the
property to FHA. Various laws, usually
state or local, but now also PTFA, affect
possessory action and the length of time

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