10816 Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices 

A. Overview of Information Collection 

Title of Information Collection: 

Multifamily Housing Mortgage and 

Housing Assistance Restructuring 

Program (Mark-to-Market). 

OMB Approval Number: 2502–0533. 

Type of Request: Extension of 

currently approved collection. 

Form Numbers: HUD–9624, HUD– 

9625, OPG 3.1, OPG 3.2, OPG 3.3, OPG 

3.4, OPG 4.1, OPG 4.2, OPG 4.3, OPG 

4.4, OPG 4.7, OPG 4.8, OPG 4.10, OPG 

4.11, OPG 4.12, OPG 5.4, OPG 5.5, OPG 

6.5, OPG 7.4, OPG 7.6, OPG 7.8, OPG 

7.11, OPG 7.12, OPG 7.13, OPG 7.14, 

OPG 7.16, OPG 7.21, OPG 7.22, OPG 

7.23, OPG 7.25, OPG 9.10, OPG 9.11, 

OPG 11.1. In addition, the Post Mark-toMarket documents pending approval: 

(1) Accommodation Agreement Debt 

Assignment-TPA Post Restructuring, (2) 

Assumption Modification of Use 

Agreement, (3) Attachment 1: 

Assumption Modification Use 

Agreement—Term Extension—No M2M 

Debt and Not QNP, (4) Attachment 2: 

Subordinate Agreement—New 

Financing to M2M, (5) Attachment 3: 

Assuming of Use Agreement No Term 

Extension, (6) Attachment 4: 

Attachment 4—Modification of Use 

Agreement (Term Extension—Not QNP), 

(7) Attachment 5: Subordinate 

Agreement-New and Existing Financing 

to M2M Use Agreement, and (8) Release, 

Assumption and Modification of 

Accommodation Agreement. 

Description of the need for the 

information and proposed use: The 

Mark-to-Market Program is authorized 

under the Multifamily Assisted Housing 

Reform and Affordability Act of 1997, as 

modified and extended from time to 

time, including by the Market-to-Market 

Extension Act of 2001. The information 

collection is required and will be used 

to determine the eligibility of FHAinsured or formerly insured multifamily 

properties for participation in the Markto-Market Program and the terms on 

which such participation should occur 

as well as to process eligible properties 

from acceptance into the program 

through closing of the mortgage 

restructure in accordance with program 

guidelines. The result of participation in 

the program is the refinancing and 

restructure of the property’s FHAinsured mortgage and, generally the 

reduction of Section 8 rent payments 

and establishment of adequately funded 

accounts to fund required repair and 

rehabilitation of the property. 

Respondents: Contractors and 

Tenants. 

Estimated Number of Respondents: 

60. 

Estimated Number of Responses: 

1,346. 

Frequency of Response: On occasion. 

Average Hours per Response: 32. 

Total Estimated Burdens: 1,912. 

B. Solicitation of Public Comment 

This notice is soliciting comments 

from members of the public and affected 

parties concerning the collection of 

information described in Section A on 

the following: 

(1) 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) The accuracy of the agency’s 

estimate of the burden of the proposed 

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 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. 

HUD encourages interested parties to 

submit comment in response to these 

questions. 

C. Authority 

Section 3507 of the Paperwork 

Reduction Act of 1995, 44 U.S.C. 

chapter 35. 

Janet M. Golrick, 

Acting, Chief of Staff for the Office of 

Housing—Federal Housing Administration. 

[FR Doc. 2022–03988 Filed 2–24–22; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[Docket No. FWS–R4–ES–2022–0017; 

FXES11130400000–223–FF04EM1000] 

Safe Harbor Agreement and 

Enhancement of the Survival Permit 

for the Gopher Tortoise and RedCockaded Woodpecker, Covington 

County, MS; Categorical Exclusion 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; request 

for comment and information. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), have received a 

written request from Dr. John S. Lambert 

(applicant) to renew an enhancement of 

survival permit TE 075424 (permit) for 

an existing safe harbor agreement (SHA) 

without change. The Service is making 

the proposed permit renewal, which 

includes the applicant’s proposed 

updated SHA as well as the Service’s 

draft environmental action statement 

(EAS), available for public review and 

comment. 

DATES: We must receive your written 

comments on or before March 28, 2022. 

ADDRESSES: 

Obtaining Documents: You may 

obtain copies of the documents online 

in Docket No. FWS–R4–ES–2022–0017 

at https://www.regulations.gov. 

Submitting Comments: If you wish to 

submit comments on any of the 

documents, you may do so in writing by 

any of the following methods: 

• Online: https://

www.regulations.gov. Follow the 

instructions for submitting comments 

on Docket No. FWS–R4–ES–2022–0017. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: Docket No. 

FWS–R4–ES–2022–0017; U.S. Fish and 

Wildlife Service, MS: JAO/3W, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803. 

FOR FURTHER INFORMATION CONTACT: John 

Tupy, by telephone at 601–321–1133, or 

via email at john_tupy@fws.gov. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: We, the 

Fish and Wildlife Service (Service), 

have received a written request from 

John S. Lambert (applicant) to renew an 

existing enhancement of survival permit 

(TE 075424) (permit) for an additional 

20 years beyond its current expiration 

date. The Service and the applicant 

have mutually agreed that no changes or 

amendments would be made to the safe 

harbor agreement (SHA). The existing 

permit associated with the SHA was 

issued on May 27, 2005, under the 

Endangered Species Act of 1973, as 

amended (ESA; 16 U.S.C. 1531 et seq.), 

and is in effect until December 31, 2025. 

Renewing the SHA is intended to 

benefit the recovery of the federally 

listed threatened gopher tortoise 

(Gopherus polyphemus) and federally 

listed endangered red-cockaded 

woodpecker (Picoides borealis) on 754 

acres (ac) of enrolled privately owned 

lands in Covington County, Mississippi. 

The Service is making the applicant’s 

proposed updated SHA (October 1, 

2021) and the Service’s draft 

environmental action statement (EAS) 

available for public review and 


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Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices 10817 

comment. The draft EAS supports the 

Service’s preliminary determination that 

the proposed permit renewal is eligible 

for a categorical exclusion under the 

National Environmental Policy Act 

(NEPA; 42 U.S.C. 4231 et seq.). To make 

this determination, we used our EAS 

and low-effect screening form, which 

are also available for public review. 

Background 

Section 9 of the ESA prohibits the 

take of fish and wildlife species listed 

as endangered or threatened under 

section 4 of the ESA. Under the ESA, 

the term ‘‘take’’ means to harass, harm, 

pursue, hunt, shoot, wound, kill, trap, 

capture, or collect, or to attempt to 

engage in any such conduct (16 U.S.C. 

1532(19)). The term ‘‘harm,’’ as defined 

in our regulations, includes significant 

habitat modification or degradation that 

results in death or injury to listed 

species by significantly impairing 

essential behavioral patterns, including 

breeding, feeding, or sheltering (50 CFR 

17.3). The term ‘‘harass’’ is defined in 

our regulations as an intentional or 

negligent act or omission which creates 

the likelihood of injury to wildlife 

through annoyance to such an extent as 

to significantly disrupt normal 

behavioral patterns, which include, but 

are not limited to, breeding, feeding, or 

sheltering (50 CFR 17.3). Under 

specified circumstances, however, we 

may issue permits that authorize take of 

federally listed species, provided the 

take is incidental to, but not the purpose 

of, an otherwise lawful activity. 

Regulations governing permits for 

threatened species are at 50 CFR 17.32. 

Under a safe harbor agreement, 

participating landowners voluntarily 

undertake management activities on 

their property to enhance, restore, or 

maintain habitat benefiting species 

listed under the ESA. SHAs and the 

subsequent permits issued to 

participating landowners pursuant to 

section 10(a)(1)(A) of the ESA encourage 

private and other non-Federal property 

owners to implement conservation 

actions for federally listed species. In 

exchange for voluntarily undertaking 

management activities, the landowners 

are assured that they will not be 

subjected to increased property-use 

restrictions resulting from their efforts 

to either attract listed species to their 

property or to increase the numbers or 

distribution of listed species already on 

their property. Landowners may make 

lawful use of their enrolled property 

during the permit term and may 

incidentally take the listed species 

named on the permit. Application 

requirements and issuance criteria for 

permits associated with SHAs are found 

in the Code of Federal Regulations 

(CFR) at 50 CFR 17.22(c) and 17.32(c). 

As provided for in the Service’s final 

Safe Harbor Policy (64 FR 32717; June 

17, 1999), safe harbor agreements 

provide assurances that allow the 

property owner to alter or modify their 

enrolled property, even if such 

alteration or modification results in the 

incidental take of a listed species, to 

such an extent that the property is 

returned back to the originally agreedupon baseline conditions. Private 

landowners may voluntarily terminate a 

safe harbor agreement at any time and 

in accordance with 50 CFR 13.26. If this 

occurs, landowners must relinquish the 

associated enhancement of survival 

permit pursuant to section 10(a)(1)(A) of 

the ESA. 

Safe Harbor Agreement 

The private lands owned by the 

applicant and enrolled under the 

existing SHA and valid permit consist of 

754 ac known as the Martin Branch 

Woodlands, in Covington County, 

Mississippi. The baseline established in 

2005 was 57.3 ac of occupied gopher 

tortoise habitat and 0 ac of occupied 

red-cockaded woodpecker habitat. 

Martin Branch Woodlands has been 

managed and enhanced above baseline 

since entering the SHA. The renewal of 

the SHA contains no changes or 

amendments to the SHA. Under the 

SHA, the applicant will continue to 

undertake the following habitat 

maintenance and enhancement actions 

intended to benefit the gopher tortoise 

on the enrolled property: (1) Avoid 

planting or regenerating pine trees in 

dense stands with more than 400 

surviving seedlings per acre; (2) mark 

burrows prior to the operation of 

vehicular mechanical equipment used 

to thin and harvest timber for habitat 

restoration; and (3) avoid running over 

tortoises or collapsing burrows and 

burying tortoises with heavy equipment 

during timber harvest and related 

activities. 

The applicant’s voluntary forest and 

habitat management plan for the 

enrolled property will restore, enhance, 

and increase habitat for the gopher 

tortoise in all pine uplands with soils 

suitable for the species on about 480 ac. 

Three basic habitat conditions or 

measures will be attained by this plan: 

(1) Maintenance of basal areas at or 

below 70 ft2/ac; (2) application of 

frequent prescribed fire; and (3) 

restoration of longleaf pine. The 

applicant will maintain and restore 

suitable nesting and foraging habitat for 

at least one group of red-cockaded 

woodpecker on the property. Currently, 

no red-cockaded woodpeckers inhabit 

the property. 

The landowner has met the 

requirements set forth in the SHA and 

is currently in compliance with the 

conditions set forth in the permit. All 

monitoring and reporting are up to date. 

Under comment and review is the 

request to renew the existing valid 

permit associated with the SHA that 

was issued May 27, 2005, under ESA, 

and is in effect until December 31, 2025. 

The applicant is requesting to extend 

the permit period for an additional 20 

years beyond its current expiration date. 

National Environmental Policy Act 

Compliance 

The renewal of the permit is a Federal 

action that triggers the need for 

compliance with NEPA. The Service has 

made a preliminary determination that 

the proposed permit renewal is eligible 

for categorical exclusion under NEPA, 

based on the following criteria: (1) 

Implementation of the SHA would 

result in minor or negligible adverse 

effects on federally listed, proposed, and 

candidate species and their habitats; (2) 

implementation of the SHA would 

result in minor or negligible adverse 

effects on other environmental values or 

resources; and (3) impacts of the SHA, 

considered together with the impacts of 

other past, present, and reasonably 

foreseeable similarly situated projects, 

would not result, over time, in 

cumulative adverse effects to 

environmental values or resources that 

would be considered significant. To 

make this determination, we used our 

EAS and low-effect screening form, 

which are also available for public 

review. 

Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, be aware that your entire 

comment—including your personal 

identifying information—may be made 

available to the public. While you may 

request that we withhold your personal 

identifying information, we cannot 

guarantee that we will be able to do so. 

Authority 

The Service provides this notice 

under section 10(c) (16 U.S.C. 1539(c)) 

of the ESA and NEPA regulations at 40 

CFR 1506.6 and 43 CFR 46.305. 

James Austin, 

Acting Field Supervisor, Mississippi Field 

Office, South Atlantic-Gulf & MississippiBasin Regions. 

[FR Doc. 2022–04018 Filed 2–24–22; 8:45 am] 

BILLING CODE 4333–15–P 


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