15378 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 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

National Institute of General Medical 

Sciences; Notice of Closed Meeting 

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, ch2v@nih.gov. 

(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] 

BILLING CODE 4140–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

Agency Information Collection 

Activities: Application for Withdrawal 

of Bonded Stores for Fishing Vessels 

and Certificate of Use 

AGENCY: 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. 

SUMMARY: 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. 

DATES: 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 

oira_submission@omb.eop.gov 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 

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. 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Notices 15379 

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 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Notice. 

SUMMARY: 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: 

I. Background of PTFA and HUD’s June 

2009 Notice 

The Protecting Tenants at Foreclosure 

Act of 2009, Title VII of the Helping 

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 

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 


srobinson on DSK4SPTVN1PROD with NOTICES