61894 Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices 

3. Extraordinary Relief 

In recognition that as new 

participants join the test that electronic 

system malfunctions may occur, CBP is 

not precluded from considering 

petitions for relief and granting 

extraordinary relief when system failure 

is determined to be the cause of a 

nonpayment or late payment. 

4. Enforcement Discretion 

CBP always retains the right to 

exercise enforcement discretion and 

refrain from issuing a claim for 

liquidated damages or penalty if 

circumstances warrant. These situations 

will be considered on a case-by-case 

basis. 

5. Termination of Bonds 

Nothing in this Notice changes any 

procedures or authorities regarding 

termination of bonds described in the 

Notice of September 22, 2005 (70 FR 

55623). 

6. Delegation of Authority 

For purposes of the test, the authority 

to assess claims for liquidated damages 

resides with the Office of Finance, 

Revenue Division, Indianapolis, 

Indiana. The authority to mitigate or 

cancel any claim for liquidated damages 

arising for failure to pay or the untimely 

payment of estimated duties and fees 

under the Periodic Monthly Payment 

Statement test or to refrain from issuing 

such a claim shall reside with CBP 

Headquarters, Office of International 

Trade. Petitions for relief should be 

addressed to officials designated on the 

CF–5955A. 

Dated: October 10, 2008. 

Daniel Baldwin, 

Assistant Commissioner, Office of 

International Trade. 

[FR Doc. E8–24696 Filed 10–16–08; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5186–N–42] 

Federal Property Suitable as Facilities 

To Assist the Homeless 

AGENCY: Office of the Assistant 

Secretary for Community Planning and 

Development, HUD. 

ACTION: Notice. 

SUMMARY: This Notice identifies 

unutilized, underutilized, excess, and 

surplus Federal property reviewed by 

HUD for suitability for possible use to 

assist the homeless. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Ezzell, Department of Housing 

and Urban Development, 451 Seventh 

Street, SW., Room 7266, Washington, 

DC 20410; telephone (202) 708–1234; 

TTY number for the hearing- and 

speech-impaired (202) 708–2565 (these 

telephone numbers are not toll-free), or 

call the toll-free Title V information line 

at 800–927–7588. 

SUPPLEMENTARY INFORMATION: In 

accordance with 24 CFR part 581 and 

section 501 of the Stewart B. McKinney 

Homeless Assistance Act (42 U.S.C. 

11411), as amended, HUD is publishing 

this Notice to identify Federal buildings 

and other real property that HUD has 

reviewed for suitability for use to assist 

the homeless. The properties were 

reviewed using information provided to 

HUD by Federal landholding agencies 

regarding unutilized and underutilized 

buildings and real property controlled 

by such agencies or by GSA regarding 

its inventory of excess or surplus 

Federal property. This Notice is also 

published in order to comply with the 

December 12, 1988 Court Order in 

National Coalition for the Homeless v. 

Veterans Administration, No. 88–2503– 

OG (D.D.C.). 

Properties reviewed are listed in this 

Notice according to the following 

categories: Suitable/available, suitable/ 

unavailable, suitable/to be excess, and 

unsuitable. The properties listed in the 

three suitable categories have been 

reviewed by the landholding agencies, 

and each agency has transmitted to 

HUD: (1) Its intention to make the 

property available for use to assist the 

homeless, (2) its intention to declare the 

property excess to the agency’s needs, or 

(3) a statement of the reasons that the 

property cannot be declared excess or 

made available for use as facilities to 

assist the homeless. 

Properties listed as suitable/available 

will be available exclusively for 

homeless use for a period of 60 days 

from the date of this Notice. Where 

property is described as for ‘‘off-site use 

only’’ recipients of the property will be 

required to relocate the building to their 

own site at their own expense. 

Homeless assistance providers 

interested in any such property should 

send a written expression of interest to 

HHS, addressed to Theresa Rita, 

Division of Property Management, 

Program Support Center, HHS, room 

5B–17, 5600 Fishers Lane, Rockville, 

MD 20857; (301) 443–2265. (This is not 

a toll-free number.) HHS will mail to the 

interested provider an application 

packet, which will include instructions 

for completing the application. In order 

to maximize the opportunity to utilize a 

suitable property, providers should 

submit their written expressions of 

interest as soon as possible. For 

complete details concerning the 

processing of applications, the reader is 

encouraged to refer to the interim rule 

governing this program, 24 CFR part 

581. 

For properties listed as suitable/to be 

excess, that property may, if 

subsequently accepted as excess by 

GSA, be made available for use by the 

homeless in accordance with applicable 

law, subject to screening for other 

Federal use. At the appropriate time, 

HUD will publish the property in a 

Notice showing it as either suitable/ 

available or suitable/unavailable. 

For properties listed as suitable/ 

unavailable, the landholding agency has 

decided that the property cannot be 

declared excess or made available for 

use to assist the homeless, and the 

property will not be available. 

Properties listed as unsuitable will 

not be made available for any other 

purpose for 20 days from the date of this 

Notice. Homeless assistance providers 

interested in a review by HUD of the 

determination of unsuitability should 

call the toll free information line at 1– 

800–927–7588 for detailed instructions 

or write a letter to Mark Johnston at the 

address listed at the beginning of this 

Notice. Included in the request for 

review should be the property address 

(including zip code), the date of 

publication in the Federal Register, the 

landholding agency, and the property 

number. 

For more information regarding 

particular properties identified in this 

Notice (i.e., acreage, floor plan, existing 

sanitary facilities, exact street address), 

providers should contact the 

appropriate landholding agencies at the 

following addresses: AGRICULTURE: 

Ms. Marsha Pruitt, Department of 

Agriculture, Reporters Building, 300 7th 

St, SW., Washington, DC 20250; (202) 

720–4335; COAST GUARD: 

Commandant, United States Coast 

Guard, Attn: Teresa Sheinberg, 2100 

Second St, SW., Rm 6109, Washington, 

DC 20593–0001; (202) 267–6142; GSA: 

Mr. John Smith, Deputy Assistant 

Commissioner, General Services 

Administration, Office of Property 

Disposal, 18th & F Streets, NW., 

Washington, DC 20405; (202) 501–0084; 

INTERIOR: Mr. Michael Wright, 

Acquisition & Property Management, 

Department of the Interior, 1849 C 

Street, NW., MS2603, Washington, DC 

20240; (202) 208–5399; NAVY: Mrs. 

Mary Arndt, Acting Director, 

Department of the Navy, Real Estate 

Services, Naval Facilities Engineering 

Command, Washington Navy Yard, 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices 61895 

1322 Patterson Ave., SE., Suite 1000, 

Washington, DC 20374–5065; (202) 685– 

9305. (These are not toll-free numbers.) 

Dated: October 9, 2008. 

Mark R. Johnston, 

Deputy Assistant Secretary for Special Needs. 

TITLE V, FEDERAL SURPLUS PROPERTY 

PROGRAM 

FEDERAL REGISTER REPORT FOR 10/17/ 

2008 

Suitable/Available Properties 

Buildings (by State) 

Arizona 

Bldg. 149 

Desert View 

Grand Canyon AZ 86023 

Landholding Agency: Interior 

Property Number: 61200830001 

Status: Excess 

Comments: 791 sq. ft., needs rehab, most 

recent use—residential, off-site use only. 

Indiana 

John A. Bushemi USARC 

3510 W 15th Ave 

Gary IN 46404 

Landholding Agency: GSA 

Property Number: 54200830027 

Status: Excess 

GSA Number: 1–D–IN–0602 

Comments: 18,689 sq. ft. admin bldg & 3780 

sq. ft. maintenance bldg. 

Maine 

Bldg. 1010 

Schoodic Ed & Rsh Ctr 

Acadia National Park 

Hancock ME 

Landholding Agency: Interior 

Property Number: 61200830007 

Status: Unutilized 

Comments: 14200 sq. ft., presence of 

asbestos/lead paint, most recent use— 

office, off-site use only. 

Bldg. 1046 

Schoodic Ed & Rsh Ctr 

Acadia National Park 

Hancock ME 

Landholding Agency: Interior 

Property Number: 61200830008 

Status: Unutilized 

Comments: 178 sq. ft., presence of lead paint, 

most recent use—storage, off-site use only. 

Bldg. 1172 

Schoodic Ed & Rsh Ctr 

Acadia National Park 

Hancock ME 

Landholding Agency: Interior 

Property Number: 61200830009 

Status: Unutilized 

Comments: 1200 sq. ft., presence of asbestos/ 

lead paint, most recent use—shed, off-site 

use only. 

Bldg. 1210 

Schoodic Ed & Rsh Ctr 

Acadia National Park 

Hancock ME 

Landholding Agency: Interior 

Property Number: 61200830011 

Status: Unutilized 

Comments: 108 sq. ft., most recent use— 

shed, off-site use only. 

Bldg. 1213 

Schoodic Ed & Rsh Ctr 

Acadia National Park 

Hancock ME 

Landholding Agency: Interior 

Property Number: 61200830012 

Status: Unutilized 

Comments: 544 sq. ft., most recent use— 

maintenance, off-site use only. 

Bldgs. 1224, 1232 

Schoodic Ed & Rsh Ctr 

Acadia National Park 

Hancock ME 

Landholding Agency: Interior 

Property Number: 61200830013 

Status: Unutilized 

Comments: 543/768 sq. ft., most recent use— 

storage, off-site use only. 

Pennsylvania 

Fmr Visitor Ctr/Cyclorama Bldg 

National Military Park 

Gettysburg PA 17325 

Landholding Agency: Interior 

Property Number: 61200830002 

Status: Excess 

Comments: needs major rehab, off-site use 

only. 

Washington 

Blaine Parking Lot 

SR 543 

Blaine WA 98230 

Landholding Agency: GSA 

Property Number: 54200830028 

Status: Excess 

GSA Number: 9–G–WA–1242 

Comments: 2665 sq. ft., border crossing. 

Unsuitable Properties 

Buildings (by State) 

California 

2 Trailers 

Mades/Skyline Buddy 

Paicines CA 95043 

Landholding Agency: Interior 

Property Number: 61200830003 

Status: Excess 

Reasons: Extensive deterioration. 

Bldg. 1391 

Marine Corps Base 

Camp Pendleton CA 92055 

Landholding Agency: Navy 

Property Number: 77200830025 

Status: Excess 

Reasons: Extensive deterioration. 

Bldgs. 1211, 1213, 1214, 1216 

Marine Corps Base 

Camp Pendleton CA 92055 

Landholding Agency: Navy 

Property Number: 77200830026 

Status: Excess 

Reasons: Extensive deterioration. 

Bldgs. 52654, 52655 

Marine Corps Base 

Camp Pendleton CA 92055 

Landholding Agency: Navy 

Property Number: 77200830027 

Status: Excess 

Reasons: Extensive deterioration. 

3512/3518 & 2780/2786 

Concord Housing 

Concord CA 

Landholding Agency: Coast Guard 

Property Number: 88200830002 

Status: Unutilized 

Reasons: Extensive deterioration. 

Colorado 

Bldg. 782 

La Poudre Pass 

Larimer CO 80517 

Landholding Agency: Interior 

Property Number: 61200830004 

Status: Unutilized 

Reasons: Extensive deterioration. 

Maine 

Bldgs. 1008, 1009, 1140, 1155 

Schoodic Ed & Rsh Ctr 

Acadia National Park 

Hancock ME 

Landholding Agency: Interior 

Property Number: 61200830010 

Status: Unutilized 

Reasons: Extensive deterioration. 

Bldgs. 1208, 1223 

Schoodic Ed & Rsh Ctr 

Acadia National Park 

Hancock ME 

Landholding Agency: Interior 

Property Number: 61200830014 

Status: Unutilized 

Reasons: Extensive deterioration. 

Maryland 

Bldg. 1675 

Andrews AFB 

Andrews AFB MD 

Landholding Agency: Navy 

Property Number: 77200830028 

Status: Unutilized 

Reasons: Secured Area. 

Bldgs. 3000, 3093 

Andrews AFB 

Andrews AFB MD 

Landholding Agency: Navy 

Property Number: 77200830029 

Status: Unutilized 

Reasons: Secured Area. 

Bldgs. 3150, 3157, 3164, 3165 

Andrews AFB 

Andrews AFB MD 

Landholding Agency: Navy 

Property Number: 77200830030 

Status: Unutilized 

Reasons: Secured Area. 

Pennsylvania 

4 Tracts 

101–03, 101–04, 101–05, 101–06 

Valley Forge NHP 

King of Prussia PA 19406 

Landholding Agency: Interior 

Property Number: 61200830005 

Status: Excess 

Reasons: Extensive deterioration. 

Tracts 101–28, 101–29 

Valley Forge NHP 

Wayne PA 19480 

Landholding Agency: Interior 

Property Number: 61200830006 

Status: Excess 

Reasons: Extensive deterioration. 

Texas 

Bldgs. 1414, 3190 

Naval Air Station 

Joint Reserve Base 

Ft. Worth TX 76127 

Landholding Agency: Navy 


sroberts on PROD1PC70 with NOTICES
61896 Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices 

Property Number: 77200830031 

Status: Unutilized 

Reasons: Secured Area. 

Washington 

Bldgs. 986, 987 

Naval Air Station 

Whidbey Island 

Oak Harbor WA 98278 

Landholding Agency: Navy 

Property Number: 77200840001 

Status: Unutilized 

Reasons: Secured Area. 

Bldg. 94 

Naval Air Station 

Whidbey Island 

Oak Harbor WA 98278 

Landholding Agency: Navy 

Property Number: 77200840002 

Status: Excess 

Reasons: Secured Area. 

Wisconsin 

Bldg. 41 

Forest Products Lab 

Madison WI 

Landholding Agency: Agriculture 

Property Number: 15200830001 

Status: Excess 

Reasons: Extensive deterioration. 

[FR Doc. E8–24533 Filed 10–16–08; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R4–ES–2008–N0276; 40120–1112– 

0000–F2] 

Receipt of Application for an Incidental 

Take Permit for the City Gate Project 

in Collier County, FL 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice. 

SUMMARY: Citygate Development, LLC 

and CG II, LLC (Applicants) request an 

incidental take permit (ITP) pursuant to 

section 10(a)(1)(B) of the Endangered 

Species Act of 1973, as amended (Act) 

for the take of the red-cockaded 

woodpecker (Picoides borealis) and the 

Florida panther (Puma (=Felis) concolor 

coryi). The Applicants propose to 

develop 240 acres of occupied redcockaded woodpecker and Florida 

panther habitat to construct a mixeduse, nonresidential, commercial/ 

industrial office park complex (Project) 

in Collier County, Florida. The 

modification of this habitat is expected 

to result in incidental take, in the form 

of harm, of one group of red-cockaded 

woodpeckers and harassment of the 

Florida panther. The Applicants’ 

Habitat Conservation Plan (HCP) 

describes the mitigation and 

minimization measures proposed to 

address the effects of the Project on the 

red-cockaded woodpecker and Florida 

panther. These measures are outlined in 

the SUPPLEMENTARY INFORMATION section 

below. 

DATES: Written comments on the ITP 

application and HCP should be sent to 

the Southeast Regional Office (see 

ADDRESSES) and should be received on 

or before December 16, 2008. 

ADDRESSES: Persons wishing to review 

the ITP application, Environmental 

Assessment (EA), and HCP may obtain 

a copy by writing the Service’s 

Southeast Regional Office. Please 

reference permit number TE145823–0 in 

such requests. Documents will also be 

available for public inspection by 

appointment during normal business 

hours at the Regional Office, 1875 

Century Boulevard, Suite 200, Atlanta, 

Georgia 30345, or Field Supervisor, 

South Florida Ecological Services 

Office, U.S. Fish and Wildlife Service, 

1339 20th Street, Vero Beach, Florida 

32960–3559. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Dell, Regional Permit Coordinator 

(see ADDRESSES), telephone: 404/679– 

7313; or George Dennis, Ecologist, South 

Florida Ecological Services Office (see 

ADDRESSES), telephone: 772/562–3909 

ext. 309. 

SUPPLEMENTARY INFORMATION: If you 

wish to comment, you may submit 

comments by any one of several 

methods. Please reference permit 

application number TE145823–0 in 

such comments. You may mail 

comments to the Service’s Regional 

Office (see ADDRESSES). You may also 

comment via the internet to 

david_dell@fws.gov. Please include your 

name and return address in your 

Internet message. If you do not receive 

a confirmation from the Service that we 

have received your Internet message, 

contact us directly at either telephone 

number listed above (see FOR FURTHER

INFORMATION CONTACT). Finally, you may 

hand deliver comments to either Service 

office listed above (see ADDRESSES). Our 

practice is to make comments, including 

names and home addresses of 

respondents, available for public review 

during regular business hours. 

Individual respondents may request that 

we withhold their home address from 

the administrative record. We will 

honor such requests to the extent 

allowable by law. There may also be 

other circumstances in which we would 

withhold from the administrative record 

a respondent’s identity, as allowable by 

law. If you wish us to withhold your 

name and address, you must state this 

prominently at the beginning of your 

comments. We will not, however, 

consider anonymous comments. We 

will make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

The red-cockaded woodpecker is the 

only North American woodpecker that 

excavates its roost and nest cavities in 

living trees. It is nonmigratory, 

territorial, and lives in cooperative 

breeding social units, usually 

comprising two to six birds, called 

groups. Nest and roost cavities are 

almost always excavated in old-age 

living pines. In south Florida, hydric 

slash pine flatwoods provide the 

preferred nesting and foraging habitat 

for red-cockaded woodpeckers. The 

most recent surveys estimate the 

rangewide population of the redcockaded woodpecker at 4,919 active 

groups. The estimated breeding 

population of the red-cockaded 

woodpecker in Florida is 1,500 groups, 

with about 75 percent occurring in the 

Florida Panhandle. 

The Florida panther is the last 

subspecies of Puma still surviving in the 

eastern United States. Historically 

occurring throughout the southeastern 

United States, today the Florida panther 

is restricted to less than 5 percent of its 

historical range in one breeding 

population of approximately 100 

animals, located in south Florida. 

Florida panthers are wide ranging, 

secretive, and occur at low densities. 

They require large contiguous areas to 

meet their social, reproductive, and 

energetic needs. 

Limiting factors for the Florida 

panther are habitat availability, prey 

availability, and lack of human 

tolerance. Habitat loss, degradation, and 

fragmentation are among the greatest 

threats to Florida panther survival, 

while lack of human tolerance is one of 

the greatest threats to Florida panther 

recovery. 

The Project proposes construction of 

a mixed-use, nonresidential, 

commercial/industrial office park 

complex that will substantially modify 

240 acres comprising primarily pine 

flatwoods, and will result in take in the 

form of harm to red-cockaded 

woodpecker and harassment of the 

Florida panther, incidental to the 

carrying out of these otherwise lawful 

activities. Habitat alteration associated 

with the proposed development 

activities will reduce the availability of 

nesting, foraging, and sheltering habitat 

for one group of red-cockaded 

woodpecker. In addition, the loss of this 

habitat may result in take in the form of 

harassment of Florida panthers. The 

Applicants propose to mitigate take of 


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