60 Day Federal Register Notice

1094-0001 - 60 Day-77 FR 30308 - 5-22-12.pdf

7 CFR Part 1; 43 CFR Part 45: 50 CFR Part 221; the Alternatives Process in Hydropower Licensing

60 Day Federal Register Notice

OMB: 1094-0001

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30308

Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Notices

Mortgage Loan Sale Policy
HUD reserves the right to add
Mortgage Loans to, or delete Mortgage
Loans from, MHLS 2012–2 at any time
prior to the Award Date. HUD also
reserves the right to reject any and all
bids, in whole or in part, without
prejudice to HUD’s right to include any
Mortgage Loans in a later sale. Mortgage
Loans will not be withdrawn after the
Award Date except as is specifically
provided in the Loan Sale Agreement.
This is a sale of unsubsidized
mortgage loans, pursuant to Section
204(a) of the Departments of Veterans
Affairs and Housing and Urban
Development, and Independent
Agencies Appropriations Act of 1997,
12 U.S.C. 1715z–11a(a).

srobinson on DSK4SPTVN1PROD with NOTICES

Mortgage Loan Sale Procedure
HUD selected a competitive sale as
the method to sell the Mortgage Loans.
This method of sale optimizes HUD’s
return on the sale of these Mortgage
Loans, affords the greatest opportunity
for all qualified bidders to bid on the
Mortgage Loans, and provides the
quickest and most efficient vehicle for
HUD to dispose of the Mortgage Loans.
Bidder Eligibility
In order to bid in the sale, a
prospective bidder must complete,
execute and submit both a
Confidentiality Agreement and a
Qualification Statement acceptable to
HUD. The following individuals and
entities are ineligible to bid on any of
the Mortgage Loans included in MHLS
2012–2:
(1) Any employee of HUD, a member
of such employee’s household, or an
entity owned or controlled by any such
employee or member of such an
employee’s household;
(2) Any individual or entity that is
debarred, suspended, or excluded from
doing business with HUD pursuant to
Title 24 of the Code of Federal
Regulations, Part 24, and Title 2 of the
Code of Federal Regulations, Part 24;
(3) Any contractor, subcontractor and/
or consultant or advisor (including any
agent, employee, partner, director,
principal or affiliate of any of the
foregoing) who performed services for,
or on behalf of, HUD in connection with
MHLS 2012–2;
(4) Any individual who was a
principal, partner, director, agent or
employee of any entity or individual
described in subparagraph 3 above, at
any time during which the entity or
individual performed services for or on
behalf of HUD in connection with
MHLS 2012–2;
(5) Any individual or entity that uses
the services, directly or indirectly, of

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any person or entity ineligible under
subparagraphs 1 through 4 above to
assist in preparing any of its bids on the
Mortgage Loans;
(6) Any individual or entity which
employs or uses the services of an
employee of HUD (other than in such
employee’s official capacity) who is
involved in MHLS 2012–2;
(7) Any affiliate, principal or
employee of any person or entity that,
within the two-year period prior to June
1, 2012, serviced any of the Mortgage
Loans or performed other services for or
on behalf of HUD;
(8) Any contractor or subcontractor to
HUD that otherwise had access to
information concerning the Mortgage
Loans on behalf of HUD or provided
services to any person or entity which,
within the two-year period prior to June
1, 2012, had access to information with
respect to the Mortgage Loans on behalf
of HUD;
(9) Any employee, officer, director or
any other person that provides or will
provide services to the potential bidder
with respect to such Mortgage Loans
during any warranty period established
for the Loan Sale, that (a) serviced any
of the Mortgage Loans or performed
other services for or on behalf of HUD
or (b) within the two-year period prior
to June 1, 2012, provided services to any
person or entity which serviced,
performed services or otherwise had
access to information with respect to the
Mortgage Loans for or on behalf of HUD;
(10) Any mortgagor or operator that
failed to submit to HUD on or before
May 30, 2012, audited financial
statements for fiscal years 2008 through
2011 (for such time as the project has
been in operation or the prospective
bidder served as operator, if less than
three (3) years) for a project securing a
Mortgage Loan;
(11) Any individual or entity and any
Related Party (as such term is defined in
the Qualification Statement) of such
individual or entity that is a mortgagor
in any of HUD’s multifamily and/or
healthcare housing programs and that is
in default under such mortgage loan or
is in violation of any regulatory or
business agreements with HUD, unless
such default or violation is cured on or
before May 30, 2012;
(12) Additionally, in MHLS 2012–2,
only non-profit entities, Indian tribes,
and Tribal organizations may qualify to
bid on Pool # 202.
Prospective bidders should carefully
review the Qualification Statement to
determine whether they are eligible to
submit bids on the Mortgage Loans in
MHLS 2012–2.

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Freedom of Information Act Requests
HUD reserves the right, in its sole and
absolute discretion, to disclose
information regarding MHLS 2012–2,
including, but not limited to, the
identity of any successful bidder and its
bid price or bid percentage for any pool
of loans or individual loan, upon the
closing of the sale of all the Mortgage
Loans. Even if HUD elects not to
publicly disclose any information
relating to MHLS 2012–2, HUD will
have the right to disclose any
information that HUD is obligated to
disclose pursuant to the Freedom of
Information Act and all regulations
promulgated thereunder.
Scope of Notice
This notice applies to MHLS 2012–2
and does not establish HUD’s policy for
the sale of other mortgage loans.
Dated: May 16, 2012.
Carol J. Galante,
Acting Assistant Secretary for Housing—
Federal Housing Commissioner.
[FR Doc. 2012–12389 Filed 5–21–12; 8:45 am]
BILLING CODE 4210–67–P

DEPARTMENT OF THE INTERIOR
Office of the Secretary
Proposed Renewal of Information
Collection: Alternatives Process in
Hydropower Licensing
Office of the Secretary, Office
of Environmental Policy and
Compliance, Interior.
ACTION: Notice and request for
comments.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995, the
Office of Environmental Policy and
Compliance, Office of the Secretary,
Department of the Interior announces
the proposed extension of a public
information collection and seeks public
comments on the provisions thereof.
DATES: Consideration will be given to all
comments received by July 23, 2012.
ADDRESSES: Send your written
comments to Shawn Alam, Office of
Environmental Policy and Compliance,
U.S. Department of the Interior, 1849 C
Street NW., MS 2462–MIB, Washington,
DC 20240, fax 202–208–6970, or by
electronic mail to
[email protected]. Please
mention that your comments concern
the Alternatives Process in Hydropower
Licensing, OMB Control Number 1094–
0001.
FOR FURTHER INFORMATION CONTACT: To
request a copy of the information
SUMMARY:

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Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Notices
collection request, any explanatory
information and related forms, contact
Shawn Alam, Office of Environmental
Policy and Compliance, U.S.
Department of the Interior, 1849 C Street
NW., MS 2462–MIB, Washington, DC
20240, phone 202–208–5465, fax 202–
208–6970, or by electronic mail to
[email protected].
SUPPLEMENTARY INFORMATION:

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I. Abstract
This notice is for renewal of
information collection.
The Office of Management and Budget
(OMB) regulations at 5 CFR part 1320,
which implement the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501
et seq., require that interested members
of the public and affected agencies have
an opportunity to comment on
information collection and
recordkeeping activities (see 5 CFR
1320.8 (d)).
On November 14, 2005, the
Departments of Agriculture, the Interior,
and Commerce published regulations at
7 CFR part 1, 43 CFR part 45, and 50
CFR part 221 to implement section 241
of the Energy Policy Act of 2005
(EPAct), Public Law 109–58, which the
President signed into law on August 8,
2005. Section 241 of the EPAct adds a
new section 33 to the Federal Power Act
(FPA), 16 U.S.C. 823d, that allows the
license applicant or any other party to
the license proceeding to propose an
alternative to a condition or prescription
that one or more of the Departments
develop for inclusion in a hydropower
license issued by the Federal Energy
Regulatory Commission (FERC) under
the FPA. This provision requires that
the Departments of Agriculture, the
Interior, and Commerce collect the
information covered by 1094–0001.
Under FPA section 33, the Secretary
of the Department involved must accept
the proposed alternative if the Secretary
determines, based on substantial
evidence provided by a party to the
license proceeding or otherwise
available to the Secretary, (a) that the
alternative condition provides for the
adequate protection and utilization of
the reservation, or that the alternative
prescription will be no less protective
than the fishway initially proposed by
the Secretary, and (b) that the
alternative will either cost significantly
less to implement or result in improved
operation of the project works for
electricity production.
In order to make this determination,
the regulations require that all of the
following information be collected: (1)
A description of the alternative, in an
equivalent level of detail to the

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Department’s preliminary condition or
prescription; (2) an explanation of how
the alternative: (i) if a condition, will
provide for the adequate protection and
utilization of the reservation; or (ii) if a
prescription, will be no less protective
than the fishway prescribed by the
bureau; (3) an explanation of how the
alternative, as compared to the
preliminary condition or prescription,
will: (i) Cost significantly less to
implement; or (ii) result in improved
operation of the project works for
electricity production; (4) an
explanation of how the alternative or
revised alternative will affect: (i) Energy
supply, distribution, cost, and use; (ii)
flood control; (iii) navigation; (iv) water
supply; (v) air quality; and (vi) other
aspects of environmental quality; and
(5) specific citations to any scientific
studies, literature, and other
documented information relied on to
support the proposal.
This notice of proposed renewal of an
existing information collection is being
published by the Office of
Environmental Policy and Compliance,
Department of the Interior, on behalf of
all three Departments and the data
provided below covers anticipated
responses (alternative conditions/
prescriptions and associated
information) for all three Departments.
II. Data
(1) Title: 7 CFR Part 1; 43 CFR Part 45;
50 CFR Part 221; the Alternatives
Process in Hydropower Licensing.
OMB Control Number: 1094–0001.
Current Expiration Date: September
30, 2012.
Type of Review: Information
Collection Renewal.
Affected Entities: Business or forprofit entities.
Estimated annual number of
respondents: 5.
Frequency of responses: Once per
alternative proposed.
(2) Annual reporting and
recordkeeping burden:
Total annual reporting per response:
500 hours.
Total number of estimated responses: 5.
Total annual reporting: 2,500 hours.
(3) Description of the need and use of
the information: The purpose of this
information collection is to provide an
opportunity for license parties to
propose an alternative condition or
prescription to that proposed by the
Federal Government for inclusion in the
hydropower licensing process.
III. Request for Comments
The Departments invite comments on:
(a) Whether the collection of
information is necessary for the proper

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30309

performance of the functions of the
agencies, including whether the
information will have practical utility;
(b) The accuracy of the agencies’
estimate of the burden of the collection
of information and the validity of the
methodology and assumptions used;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(d) Ways to minimize the burden of
the collection of information on
respondents, including through the use
of appropriate automated, electronic,
mechanical, or other collection
techniques or other forms of information
technology.
‘‘Burden’’ means the total time, effort,
and financial resources expended by
persons to generate, maintain, retain,
disclose, or provide information to or
for a Federal agency. This includes the
time needed to review instructions; to
develop, acquire, install, and use
technology and systems for the purposes
of collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; to train
personnel and to be able to respond to
a collection of information, to search
data sources, and to complete and
review the collection of information;
and to transmit or otherwise disclose
the information.
All written comments, with names
and addresses, will be available for
public inspection. If you wish us to
withhold your personal information,
you must prominently state at the
beginning of your comment what
personal information you want us to
withhold. We will honor your request to
the extent allowable by law. If you wish
to view any comments received, you
may do so by scheduling an
appointment with the Office of
Environmental Policy and Compliance
by calling (202) 208–3891. A valid
picture identification is required for
entry into the Department of the
Interior.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid
Office of Management and Budget
control number.

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30310

Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Notices

Dated: May 16, 2012.
Mary Josie Blanchard,
Deputy Director, Office of Environmental
Policy and Compliance.

SUPPLEMENTARY INFORMATION:

[FR Doc. 2012–12413 Filed 5–21–12; 8:45 am]
BILLING CODE 4310–79–P

DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental
Enforcement
[Docket ID BSEE–2012–0009; OMB Control
Number 1014–0005]

Information Collection Activities: Relief
or Reduction in Royalty Rates;
Proposed Collection; Comment
Request
ACTION:

60-day Notice.

To comply with the
Paperwork Reduction Act of 1995
(PRA), BSEE is inviting comments on a
collection of information that we will
submit to the Office of Management and
Budget (OMB) for review and approval.
The information collection request (ICR)
concerns a renewal to the paperwork
requirements in the regulations under
30 CFR 203, Relief or Reduction in
Royalty Rates.
DATES: You must submit comments by
July 23, 2012.
ADDRESSES: You may submit comments
by either of the following methods listed
below.
• Electronically: go to http://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter BSEE–
2012–0009 then click search. Follow the
instructions to submit public comments
and view all related materials. We will
post all comments.
• Email [email protected]. Mail
or hand-carry comments to the
Department of the Interior; Bureau of
Safety and Environmental Enforcement;
Regulations Development Branch;
Attention: Nicole Mason; 381 Elden
Street, HE–3313; Herndon, Virginia
20170–4817. Please reference ICR 1014–
0005 in your comment and include your
name and return address.
FOR FURTHER INFORMATION CONTACT:
Nicole Mason, Regulations Development
Branch at (703) 787–1605 to request
additional information about this ICR.

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SUMMARY:

Title: 30 CFR part 203, Relief or
Reduction in Royalty Rates.
OMB Control Number: 1014–0005.
Abstract: The Outer Continental Shelf
(OCS) Lands Act, as amended by Public
Law 104–58, Deep Water Royalty Relief
Act (DWRRA), gives the Secretary of the
Interior (Secretary) the authority to
reduce or eliminate royalty or any net
profit share specified in OCS oil and gas
leases to promote increased production.
The DWRRA also authorized the
Secretary to suspend royalties when
necessary to promote development or
recovery of marginal resources on
producing or non-producing leases in
the Gulf of Mexico (GOM) west of 87
degrees, 30 minutes West longitude.
Section 302 of the DWRRA provides
that new production from a lease in
existence on November 28, 1995, in a
water depth of at least 200 meters, and
in the GOM west of 87 degrees, 30
minutes West longitude qualifies for
royalty suspension in certain situations.
To grant a royalty suspension, the
Secretary must determine that the new
production or development would not
be economic in the absence of royalty
relief. The Secretary must then
determine the volume of production on
which no royalty would be due in order
to make the new production from the
lease economically viable. This
determination is be done on a case-bycase basis. Production from leases in the
same water depth and area issued after
November 28, 2000, also can qualify for
royalty suspension in addition to any
that may be included in their lease
terms.
In addition, the Independent Offices
Appropriations Act (31 U.S.C. 9701), the
Omnibus Appropriations Bill (Pub. L.
104–133, 110 Stat. 1321, April 26,
1996), and OMB Circular A–25,
authorize Federal agencies to recover
the full cost of services that confer
special benefits. Under the Department
of the Interior’s (DOI) implementing
policy, BSEE is required to charge fees
for services that provide special benefits
or privileges to an identifiable nonFederal recipient above and beyond
those which accrue to the public at
large.
Regulations at 30 CFR part 203
implement these statutes and policy and

require respondents to pay a fee to
request royalty relief. Section 30 CFR
203.3 states that, ‘‘We will specify the
necessary fees for each of the types of
royalty-relief applications and possible
BSEE audits in a Notice to Lessees. We
will periodically update the fees to
reflect changes in costs as well as
provide other information necessary to
administer royalty relief.’’
BSEE uses the information to make
decisions on the economic viability of
leases requesting a suspension or
elimination of royalty or net profit
share. These decisions have enormous
monetary impacts to both the lessee and
the Federal Government. Royalty relief
can lead to increased production of
natural gas and oil, creating profits for
lessees and royalty and tax revenues for
the government that they might not
otherwise receive. We could not make
an informed decision without the
collection of information required by 30
CFR part 203.
We will protect information from
respondents considered proprietary
under the Freedom of Information Act
(5 U.S.C. 552) and its implementing
regulations (43 CFR 2) and under
regulations at 30 CFR 203.63, Does my
application have to include all leases in
the field, and 30 CFR 250.197, Data and
information to be made available to the
public or for limited inspection. No
items of a sensitive nature are collected.
Responses are mandatory or are
required to obtain or retain a benefit.
Frequency: On occasion.
Description of Respondents: Potential
respondents comprise Federal oil, gas,
or sulphur lessees and/or operators.
Estimated Reporting and
Recordkeeping Hour Burden: The
currently approved annual reporting
burden for this collection is 2,635 hours.
The following table details the
individual components and respective
hour burden estimates of this ICR. In
calculating the burdens, we assumed
that respondents perform certain
requirements in the normal course of
their activities. We consider these to be
usual and customary and took that into
account in estimating the burden.
Hour burden

Citation 30 CFR 203 and related
NTL(s)

Reporting or recordkeeping requirement

2(b); 3; 4; 70 .........................................

These sections contain general references to submitting reports, applications, requests, copies, demonstrating qualifications, for BSEE approval
burdens covered under specific requirements.

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Application fees

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