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14130 Federal Register / Vol. 72, No.

57 / Monday, March 26, 2007 / Notices

Total Estimated Burden Hours: This Notice is soliciting comments Estimated Total Annual Cost: The
38,824. from members of the public and affected only cost to respondents is that of their
Status: Extension of a currently agencies concerning the proposed time.
approved collection. information collection of information to Authority: The survey is taken under Title
Authority: Section 3507 of the Paperwork (1) Evaluate whether the proposed 12, United States Code, Section 1701Z.
Reduction Act of 1995, 44 U.S.C. 35, as collection of information is necessary
Dated: March 16, 2007.
amended. for the proper performance of the
functions of the agency, including Darlene F. Williams,
Dated: March 20, 2007.
whether the information will have Assistant Secretary for Policy Development
Lillian L. Deitzer, and Research.
Departmental Paperwork Reduction Act practical utility; (2) Evaluate the
accuracy of the agency’s estimate of the [FR Doc. E7–5411 Filed 3–23–07; 8:45 am]
Officer, Office of the Chief Information
Officer. burden of the proposed collection of BILLING CODE 4210–67–P

[FR Doc. E7–5408 Filed 3–23–07; 8:45 am] information; (3) Enhance the quality,
BILLING CODE 4210–67–P
utility, and clarity of the information to
be collected; and (4) Minimize the DEPARTMENT OF HOUSING AND
burden of the collection of information URBAN DEVELOPMENT
DEPARTMENT OF HOUSING AND on those who are to respond; including [Docket No. FR–5133–N–01]
URBAN DEVELOPMENT the use of appropriate automated
collection techniques or other forms of Mortgage and Foreclosure Rights of
[Docket No. FR–5123–N–07] Servicemembers Under the
information technology (e.g., permitting
electronic submission of responses). Servicemembers Civil Relief Act:
Notice of Proposed Information
This Notice also lists the following Informational Notice
Collection for Public Comment on the
Survey of Market Absorption of New information: AGENCY: Office of the Assistant
Multifamily Units Title of Proposal: Survey of Market Secretary for Housing—Federal Housing
Absorption of New Multifamily Units. Commissioner, HUD.
AGENCY: Office of Policy Development OMB Control Number: 2528–0013
and Research, HUD. ACTION: Notice.
(Expires 11/30/2007).
ACTION: Notice. Description of the need for the SUMMARY: This notice provides
information and proposed use: The information regarding the homeowner
SUMMARY: The proposed information
Survey of Market Absorption (SOMA) notification requirement of section
collection requirement described below
provides the data necessary to measure 106(c)(5) of the Housing and Urban
will be submitted to the Office of
the rate at which new rental apartments Development Act of 1968. The
Management and Budget (OMB) for
and new condominium apartments are Servicemembers Civil Relief Act (SCRA)
approval as required by the Paperwork
absorbed; that is, taken off the market, provides legal rights and protections
Reduction Act of 1995. The Department
usually by being rented or sold, over the that are applicable to the debts of
is soliciting public comments on the
subject proposal. course of the first twelve months servicemembers and their dependents.
following completion of a building. The Notice is to be provided to all
DATES: Comments Due Date: May 25,
data are collected at quarterly intervals homeowners who are in default in order
2007. until the twelve months conclude, or to inform them of mortgage and
ADDRESSES: Interested persons are until the units in a building are foreclosure rights available to them
invited to submit comments regarding completely absorbed. The survey also under the SCRA if they are
this proposal. Comments should refer to provides estimates of certain servicemembers or dependents of
the proposal by name/or OMB Control characteristics, i.e., asking rent/price, servicemembers. HUD has developed, in
Number and should be sent to: Reports number of units, and number of consultation with the Departments of
Liaison Officer, Office of Policy bedrooms. The survey provides a basis Defense and Treasury, a final disclosure
Development and Research, Department for analyzing the degree to which new form to be used by mortgagees for
of Housing and Urban Development, apartment construction is meeting the fulfilling this notice requirement. HUD
451 7th Street, SW., Room 8234, present and future needs of the public. made the form available on its website
Washington, DC 20410. Additionally, beginning with new in July 2006, and the form is also
FOR FURTHER INFORMATION CONTACT: construction in 2002, the survey will attached as an appendix to this notice.
Ronald J. Sepanik, Director, Housing attempt to ascertain the number and FOR FURTHER INFORMATION CONTACT:
and Demographic Analysis Division, degree of services provided by ‘‘Assisted Leslie Bromer, Mortgage Servicing
Office of Policy Development and Living’’ type units. Specialist, Asset Management and
Research, Department of Housing and Members of affected public: Rental Disposition Division, Office of Single
Urban Development, 451 7th Street, Agents/Builders. Family Housing, Office of Housing,
SW., Washington, DC 20410. The Estimation of the total numbers of Department of Housing and Urban
telephone number is (202) 402–5887. hours needed to prepare the information Development, 451 Seventh Street, SW.,
This is not toll-free number. Copies of collection including number of Room 9180, Washington, DC 20410–
the proposed forms and other available respondents, frequency of response, and 8000; telephone (202) 708–1672 (this is
documents submitted to OMB may be hours of response: not a toll-free number). Individuals with
obtained from Mr. Sepanik. Estimated Number of Respondents: speech or hearing challenges may access
SUPPLEMENTARY INFORMATION: The 12,000 yearly (maximum). this number through TTY by calling the
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Department of Housing and Urban Estimated Time per Response: 20 toll-free Federal Information Relay
Development will submit the proposed minutes. Service at (800) 877–8339.
information collection package to OMB Frequency of Response: Four times Questions regarding this notice may
for review as required by the Paperwork (maximum). also be directed to the National
Reduction Act of 1995 (44 U.S.C. Estimated Total Annual Burden Servicing Center in Oklahoma City,
chapter 35, as amended). Hours: 4,000 (12,000 × 20 minutes). Oklahoma, at (888) 297–8685.

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Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Notices 14131

Individuals with speech or hearing military service, shall not bear interest whether an individual is currently in
challenges may access this number at a rate above six percent during the the armed forces. The Web site for
through TTY by calling the toll-free period of military service. (See section SCRA queries is http://
Federal Information Relay Service at 207(a)(1) of SCRA.) Servicemembers www.dmdc.osd.mil/owa/scra/home. The
(800) 877–8339. become eligible for the interest rate requester must provide the Social
SUPPLEMENTARY INFORMATION: limitation by providing to the creditor Security Number (SSN) and a last name.
with written notice, a copy of the First name, middle name, birth year,
I. Background military orders calling the and birth month are optional.
The Servicemembers Civil Relief Act servicemember to active duty, and any
(50 U.S.C. app. 501 et seq.) (SCRA) orders further extending military A report is executed by clicking the
provides various protections to active service, not later than 180 days after the ‘‘LookUp’’ tab on the query form. If the
duty military members and reservists, or date of the servicemember’s termination provided SSN and other identifying
members of the National Guard called to or release from military service. (See information match the name of a person
active duty, and, in limited situations, section 207(b)(1) of SCRA.) Upon currently on active duty, the DMDC
dependents of military members. The receipt, the creditor must limit interest response report will provide the named
SCRA is intended to ease the economic on the obligation to no more than six individual’s branch of military service
and legal burdens on military personnel percent per year, effective as of the date and ‘‘begin date’’ of Active Duty status.
by postponing, suspending, or on which the servicemember is called to If the provided SSN is matched to the
mitigating obligations, such as mortgage military service. (See section 207(b)(2) name of a person on active duty but the
payments and foreclosure actions. of SCRA.) Only a court may grant the last name and/or birth date entered do
Section 688 of the National Defense creditor an exception to the interest rate not match the information recorded for
Authorization Act for Fiscal Year (FY) limitation, which may only be granted that individual, the DMDC response
2006 (Pub. L. 109–163, approved if in the opinion of the court the ability report page states, ‘‘Based on the social
January 6, 2006) (NDAA) amended the of the servicemember to pay interest on security number you have provided, the
required content of notifications of the obligation or liability at a rate in individual is currently on Active Duty.
homeownership counseling availability excess of six percent per year is not
However, the name or partial DOB, or
under section 106(c)(5)(A)(ii) of the materially affected by reason of the
Housing and Urban Development Act of servicemember’s military service. (See both provided do not match the
1968 (12 U.S.C. 1701x(c)(5)(A)(ii)) and section 207(c) of SCRA.) individual against whom the social
directed HUD to issue a final disclosure In a legal action to enforce a debt security number is assigned.’’ If the
form to be used by mortgagees in against real estate that is filed during, or DMDC does not have information
fulfilling the notice requirement. within 90 days after the regarding whether the name of the
servicemember’s military service, a identified person is on active duty, the
II. HUD Notice of Servicemembers response report will only list the
court may stay the proceedings for a
Rights Under SCRA supplied name with the text, ‘‘Based on
period of not less than 90 days or may
Pursuant to the NDAA amendment, adjust the debt. (See section 202(b)(1) of the information you have furnished, the
HUD has developed, in consultation SCRA.) In addition, the sale, DMDC does not possess any information
with the Departments of Defense and foreclosure, or seizure of real estate indicating the individual is currently on
Treasury, the final disclosure form for shall not be valid if it occurs during or active duty.’’
the required notice of servicemember within 90 days after the
rights. The form is located in the There is no charge for the online
servicemember’s military service unless
appendix to this notice. The form was the creditor has obtained a court order SCRA queries and no authorization,
also earlier made available on HUD’s approving the sale, foreclosure, or user ID, or password is required.
Web site in July 2006 and can be found seizure of the real estate. (See section Requesters needing assistance may fax a
at http://www.hudclips.org/ 303(c) of SCRA.) request for a statement as to military
sub_nonhud/html/pdfforms/92070.pdf. In addition to the rights described service to DMDC at (703) 696–4156, or
All mortgage loans, including above, the SCRA provides some call (703) 696–6762.
conventional mortgages and mortgages additional legal protections. HUD,
V. Paperwork Reduction Act Statement
insured by HUD, are subject to the however, is not in a position to interpret
notification requirement. The notice is or provide information on all of the The information collection
required to: (1) Be sent to all various provisions of the SCRA as they requirements contained in this
homeowners who are in default on a may affect the rights afforded creditors document have been approved by the
residential mortgage; (2) include the and servicemembers. Such Office of Management and Budget
toll-free Military OneSource number interpretations should be obtained for (OMB) under the Paperwork Reduction
(800–342–9647) to call if the Department of Defense or should be Act of 1995 (44 U.S.C. 3501–3520) and
servicemembers or their dependents determined by the courts. assigned OMB control number 2502–
require further assistance; and (3) be
IV. Verification of Military Service 0565. In accordance with the Paperwork
made within 45 days from the date a
Creditors who are otherwise unable to Reduction Act, HUD may not conduct or
missed payment was due, unless the
verify a debtor’s military status may sponsor, and a person is not required to
homeowner pays the overdue amount
before the expiration of the 45-day request and obtain a statement as to respond to, a collection of information
period. military service from the Department of unless the collection displays a
Defense, pursuant to section 602 of the currently valid OMB control number.
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III. Rights and Protections Under the SCRA (50 U.S.C. app. 582). To facilitate
SCRA SCRA searches, the Department of
The SCRA provides, among other Defense’s Manpower Data Center
things, that a debt incurred by a (DMDC) has developed a secure public
servicemember, or by a servicemember internet access system through which
jointly with a spouse, prior to entering any requester can quickly determine

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14132 Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Notices

Dated: March 16, 2007. Æ International Collect (through long number for recovery tasks; (2)
Brian D. Montgomery, distance operator): 1–484–530–5908. recommendations for additions or
Assistant Secretary for Housing—Federal • Servicemembers and dependents with deletions to the participants identified
questions about the SCRA should contact
Housing Commissioner. for each recovery task; and (3)
their unit’s Judge Advocate, or their
installation’s Legal Assistance Officer. A additional information to assist us with
Appendix
military legal assistance office locator for determining costs for accomplishing
United States Department of Housing and each branch of the armed forces is available recovery tasks. Four parties provided
Urban Development Servicemembers Civil at http://legalassistance.law.af.mil/content/ comments on ten species. Among those
Relief Act Notice locator.php. were comments on recovery task
Legal Rights and Protections Under the SCRA [FR Doc. E7–5412 Filed 3–23–07; 8:45 am] priority number, participants, and cost.
Servicemembers on ‘‘active duty’’ or BILLING CODE 4210–67–P Comments were also received on the
‘‘active service,’’ or a dependent of such a recovery tasks themselves. We have
servicemember may be entitled to certain considered and addressed comments
legal protections and debt relief pursuant to DEPARTMENT OF THE INTERIOR where appropriate in this final
the Servicemembers Civil Relief Act (50 implementation schedule. Those
U.S.C. App. 501, et seq.) (SCRA). Fish and Wildlife Service comments, as well as updates by Service
Who May Be Entitled to Legal Protections staff, led to this final version of the
Under the SCRA Notice of Availability of a Final implementation schedule that differs
• Active duty members of the Army, Navy,
Implementation Schedule for the South from the technical/agency draft. The
Air Force, Marine Corps, Coast Guard, and Florida Multi-Species Recovery Plan recovery tasks listed in the
active service National Guard; AGENCY: Fish and Wildlife Service, implementation schedule were taken
• Active service members of the directly from the MSRP. Any changes
commissioned corps of the National and
Interior.
needed to the tasks themselves will be
Atmospheric Administration; ACTION: Notice of document availability.
addressed in a future revision of the
• Active service members of the
commissioned corps of the Public Health SUMMARY: The Fish and Wildlife Service MSRP rather than in the
Service; (‘‘we,’’ ‘‘our,’’ or ‘‘Service’’) announces implementation schedule. These
• United States citizens serving with the the availability of the Implementation changes, if any, would be subject to
armed forces of a nation with which the schedule for the South Florida Multi- public comment only during such future
United States is allied in the prosecution of Species Recovery Plan (MSRP). The revision.
a war or military action; and MSRP, as approved in 1999, included a
• Dependents of the above (e.g., spouse or Background
discussion of the need for a coordinated
children). Restoring listed animals and plants to
effort to develop an implementation
What Legal Protections Are Servicemembers schedule. This implementation the point where they are again secure,
Entitled to Under the SCRA? schedule was prepared with the self-sustaining components of their
• The SCRA states that a debt incurred by assistance of the South Florida Multi- ecosystems is a primary goal of the
a service member, or spouse jointly, prior to species/Ecosystem Recovery Service’s threatened and endangered
entering military service shall not bear Implementation Team (MERIT). The species program. To help guide the
interest at a rate above 6 percent during the implementation schedule prioritizes the recovery effort, we prepare recovery
period of military service. plans for listed species native to the
• The SCRA states that in a legal action to recovery tasks as described in the MSRP
on a community level, and identifies the United States, pursuant to section 4(f) of
enforce a debt against real estate that is filed the Endangered Species Act of 1973
during, or within 90 days after the associated participating parties, time
servicemember’s military service, a court frames, and costs necessary to (Act), as amended (16 U.S.C. et seq.),
may stop the proceedings for a period of accomplish those tasks. which requires the development of
time, or adjust the debt. In addition, the sale, recovery plans for listed species unless
ADDRESSES: Copies of the final
foreclosure, or seizure of real estate shall not such a plan would not promote the
be valid if it occurs during, or within 90 days
implementation schedule can be conservation of a particular species.
after the servicemember’s military service downloaded from http:// Recovery plans describe actions that
unless the creditor has obtained a court order verobeach.fws.gov or can be obtained by may be necessary for conservation of
approving the sale, foreclosure, or seizure of contacting the Fish and Wildlife these species, establish criteria for
the real estate. Service, South Florida Ecological reclassification from endangered to
How Does a Servicemember or Dependent Services Office, 1339 20th Street, Vero threatened status or removal from the
Request Relief Under the SCRA? Beach, Florida 32960. We encourage list, and estimate the time and cost for
• A servicemember or dependent, or both,
requests for the CD–ROM version of the implementing the needed recovery
may request relief under the SCRA by implementation schedule, as the hard measures.
providing the lender a written notice with a (paper) copy encompasses more than Section 4(f) of the Act also requires
copy of the servicemember’s military orders. 140 pages. that a public notice and an opportunity
(Note: Lender should place its name, address, FOR FURTHER INFORMATION CONTACT: for public review and comment be
and contact information here.) Cindy Schulz at the South Florida provided during recovery plan
How Does a Servicemember or Dependent Ecological Services Office, (772) 562– development. Accordingly, the MSRP
Obtain Information About the SCRA? 3909, ext. 305. was made available for public review
• The U.S. Department of Defense’s SUPPLEMENTARY INFORMATION: On April and comment before its approval in May
information resource is ‘‘Military 2, 2004, we published a notice 1999. The MSRP identifies the recovery
OneSource.’’ Web site: http:// announcing the availability of this needs of the 68 threatened and
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www.militaryonesource.com technical/agency draft implementation endangered species and 23 natural


The toll-free telephone number for Military
OneSource are:
schedule in the Federal Register, and communities in the south Florida
Æ From the United States: 1–800–342– opened a 60-day public comment ecosystem, which encompasses 67,346
9647. period. We particularly sought square kilometers (26,002 square miles),
Æ From outside the United States (with comments concerning: (1) covering the 19 southernmost counties
applicable access code): 800–3429–6477. Recommended changes to the priority in Florida.

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