Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices 51853 

allows importers to deposit estimated 

duties, fees and taxes on a monthly 

basis using ACH. A PMS summarizes 

daily statements into a consolidated 

statement each month for a single 

monthly payment by the 15th working 

day of the month following the month 

of entry or release. CBP last modified 

and clarified the PMS test in a Federal 

Register notice (82 FR 50656) published 

on November 1, 2017. Currently, 

monthly statements are generated, 

transmitted and updated in ACS. 

II. Transition Into the Automated 

Commercial Environment (ACE) 

In an effort to modernize the business 

processes essential to securing U.S. 

borders, facilitating the flow of 

legitimate shipments, and targeting 

illicit goods pursuant to Title VI of the 

North American Free Trade Agreement 

Implementation Act (Pub. L. 103–182, 

107 Stat. 2057, December 8, 1993), 

commonly known as the Customs 

Modernization Act, or Mod Act, and the 

Security and Accountability for Every 

(SAFE) Port Act of 2006 (Pub. L. 109– 

347, 120 Stat. 1884), CBP developed 

ACE to eventually replace ACS as the 

CBP-authorized EDI system. Over the 

last several years, CBP has tested ACE 

and provided significant public 

outreach to ensure that the trade 

community is fully aware of the 

transition from ACS to ACE. 

On October 13, 2015, CBP published 

an Interim Final Rule in the Federal 

Register (80 FR 61278) that designated 

ACE as a CBP-authorized EDI system, to 

be effective November 1, 2015. In the 

Interim Final Rule, CBP stated that ACS 

would be phased out and anticipated 

that ACS would no longer be supported 

for entry and entry summary filing by 

the end of February 2016. Filers were 

encouraged to adjust their business 

practices so that they would be prepared 

when ACS was decommissioned. 

CBP has developed a staggered 

transition strategy for decommissioning 

ACS to give the trade additional time to 

adjust their business practices. The first 

two phases of the transition were 

announced in a Federal Register notice 

published on February 29, 2016 (81 FR 

10264). The third phase was announced 

in a Federal Register notice published 

on May 16, 2016 (81 FR 30320). The 

fourth phase of the transition was 

announced in a Federal Register notice 

published on May 23, 2016 (81 FR 

32339). This notice announces a further 

transition as CBP is transitioning 

statement processing for both daily and 

monthly statements from ACS to ACE. 

III. Announcement of Daily and 

Monthly Statements Being Generated, 

Transmitted and Updated in ACE 

This document announces that 

beginning on December 9, 2017, ACE 

will be the sole CBP-authorized EDI 

system for generating, transmitting and 

updating daily and monthly statements 

for all entries except reconciliation (type 

09) entries, and that as of that date, ACS 

will be decommissioned for such 

purposes. Until reconciliation entries 

are filed in ACE, statements for 

reconciliation entries will continue to 

be generated, transmitted and updated 

in ACS. Once reconciliation entries are 

filed in ACE, ACE will be the sole CBPauthorized EDI system for generating, 

transmitting and updating all 

statements, and ACS will no longer be 

a CBP-authorized EDI system for such 

purpose. 

Dated: November 3, 2017. 

Brenda B. Smith, 

Executive Assistant Commissioner, Office of 

Trade. 

[FR Doc. 2017–24336 Filed 11–7–17; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–6059–N–01] 

Section 8 Housing Assistance 

Payments Program—Annual 

Adjustment Factors, Fiscal Year 2018 

AGENCY: Office of the Assistant 

Secretary for Policy Development and 

Research, HUD. 

ACTION: Notice of Fiscal Year (FY) 2018 

Annual Adjustment Factors (AAFs). 

SUMMARY: The United States Housing 

Act of 1937 requires that certain 

assistance contracts signed by owners 

participating in the Department’s 

Section 8 housing assistance payment 

programs provide annual adjustments to 

monthly rentals for units covered by the 

contracts. This notice announces FY 

2018 AAFs for adjustment of contract 

rents on the anniversary of those 

assistance contracts. The factors are 

based on a formula using residential 

rent and utility cost changes from the 

most recent annual Bureau of Labor 

Statistics Consumer Price Index (CPI) 

survey. Beginning with the FY 2014 

AAFs and continuing with these FY 

2018 AAFs, the Puerto Rico CPI is used 

in place of the South Region CPI for all 

areas in Puerto Rico. These factors are 

applied at the anniversary of Housing 

Assistance Payment (HAP) contracts for 

which rents are to be adjusted using the 

AAF for those calendar months 

commencing after the effective date of 

this notice. AAFs are distinct from, and 

do not apply to the same properties as, 

Operating Cost Adjustment Factors 

(OCAFs). OCAFs are annual factors used 

to adjust rents for project-based rental 

assistance contracts issued under 

Section 8 of the United States Housing 

Act of 1937 and renewed under section 

515 or section 524 of the Multifamily 

Assisted Housing Reform and 

Affordability Act of 1997 (MAHRA). A 

separate Federal Register Notice, to be 

published at a later date, will be used 

in the calculation of the calendar year 

(CY) 2018 Housing Choice Voucher 

(HCV) renewal funding for public 

housing agencies (PHAs). 

DATES: Applicable November 8, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Contact Becky Primeaux, Director, 

Management and Operations Division, 

Office of Housing Voucher Programs, 

Office of Public and Indian Housing, 

202–708–1380, for questions relating to 

the Project-Based Certificate and 

Moderate Rehabilitation programs (not 

the Single Room Occupancy program); 

Norman A. Suchar, Director, Office of 

Special Needs Assistance Programs, 

Office of Community Planning and 

Development, 202–402–5015, for 

questions regarding the Single Room 

Occupancy (SRO) Moderate 

Rehabilitation program; Katherine 

Nzive, Director, OAMPO Program 

Administration Office, Office of 

Multifamily Housing, 202–402–3440, for 

questions relating to all other Section 8 

programs; and Marie Lihn, Economist, 

Economic and Market Analysis 

Division, Office of Policy Development 

and Research, 202–402–5866, for 

technical information regarding the 

development of the schedules for 

specific areas or the methods used for 

calculating the AAFs. The mailing 

address for these individuals is: 

Department of Housing and Urban 

Development, 451 7th Street SW., 

Washington, DC 20410. Hearing- or 

speech-impaired persons may contact 

the Federal Information Relay Service at 

800–877–8339 (TTY). (Other than the 

‘‘800’’ TTY number, the above-listed 

telephone numbers are not toll free.) 

SUPPLEMENTARY INFORMATION: Tables 

showing AAFs will be available 

electronically from the HUD data 

information page at http://

www.huduser.gov/portal/datasets/

aaf.html. 

I. Applying AAFs to Various Section 8 

Programs 

AAFs established by this Notice are 

used to adjust contract rents for units 

assisted in certain Section 8 housing 


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assistance payment programs during the 

initial (i.e., pre-renewal) term of the 

HAP contract and for all units in the 

Project-Based Certificate program. There 

are three categories of Section 8 

programs that use the AAFs: 

Category 1: The Section 8 New 

Construction, Substantial 

Rehabilitation, and Moderate 

Rehabilitation programs; 

Category 2: The Section 8 Loan 

Management (LM) and Property 

Disposition (PD) programs; and 

Category 3: The Section 8 ProjectBased Certificate (PBC) program. 

Each Section 8 program category uses 

the AAFs differently. The specific 

application of the AAFs is determined 

by the law, the HAP contract, and 

appropriate program regulations or 

requirements. 

AAFs are not used in the following 

cases: 

Renewal Rents. AAFs are not used to 

determine renewal rents after expiration 

of the original Section 8 HAP contract 

(either for projects where the Section 8 

HAP contract is renewed under a 

restructuring plan adopted under 24 

CFR part 401; or renewed without 

restructuring under 24 CFR part 402), 

except in the Project-Based Certificate 

program (Category 3). In general, 

renewal rents are established in 

accordance with the statutory provision 

in the Multifamily Assisted Housing 

Reform and Affordability Act of 1997 

(MAHRA), as amended, under which 

the HAP is renewed. After renewal, 

annual rent adjustments will be 

provided in accordance with MAHRA. 

Budget-based Rents. AAFs are not 

used for budget-based rent adjustments. 

For projects receiving Section 8 

subsidies under the LM program (24 

CFR part 886, subpart A) and for 

projects receiving Section 8 subsidies 

under the PD program (24 CFR part 886, 

subpart C), contract rents are adjusted, 

at HUD’s option, either by applying the 

AAFs or by budget-based adjustments in 

accordance with 24 CFR 886.112(b) and 

24 CFR 886.312(b). Budget-based 

adjustments are used for most Section 8/ 

202 projects. 

Housing Choice Voucher Program. 

AAFs are not used to adjust rents in the 

Tenant-Based or the Project-Based 

Voucher programs. 

II. Adjustment Procedures 

This section of the notice provides a 

broad description of procedures for 

adjusting the contract rent. Technical 

details and requirements are described 

in HUD notices H 2002–10 (Section 8 

New Construction and Substantial 

Rehabilitation, Loan Management, and 

Property Disposition) and PIH 97–57 

(Moderate Rehabilitation and ProjectBased Certificates). Because of statutory 

and structural distinctions among the 

various Section 8 programs, there are 

separate rent adjustment procedures for 

the three program categories: 

Category 1: Section 8 New Construction, 

Substantial Rehabilitation, and 

Moderate Rehabilitation Programs 

In the Section 8 New Construction 

and Substantial Rehabilitation 

programs, the published AAF factor is 

applied to the pre-adjustment contract 

rent. In the Section 8 Moderate 

Rehabilitation program (both the regular 

program and the single room occupancy 

program) the published AAF is applied 

to the pre-adjustment base rent. 

For Category 1 programs, the Table 1 

AAF factor is applied before 

determining comparability (rent 

reasonableness). Comparability applies 

if the pre-adjustment gross rent (preadjustment contract rent plus any 

allowance for tenant-paid utilities) is 

above the published Fair Market Rent 

(FMR). 

If the comparable rent level (plus any 

initial difference) is lower than the 

contract rent as adjusted by application 

of the Table 1 AAF, the comparable rent 

level (plus any initial difference) will be 

the new contract rent. However, the preadjustment contract rent will not be 

decreased by application of 

comparability. 

In all other cases (i.e., unless the 

contract rent is reduced by 

comparability): 

• Table 1 AAF is used for a unit 

occupied by a new family since the last 

annual contract anniversary. 

• Table 2 AAF is used for a unit 

occupied by the same family as at the 

time of the last annual contract 

anniversary. 

Category 2: Section 8 Loan Management 

Program (24 CFR Part 886, Subpart A) 

and Property Disposition Program (24 

CFR Part 886, Subpart C) 

Category 2 programs are not currently 

subject to comparability. Comparability 

will again apply if HUD establishes 

regulations for conducting 

comparability studies under 42 U.S.C. 

1437f(c)(2)(C). 

The applicable AAF is determined as 

follows: 

• Table 1 AAF is used for a unit 

occupied by a new family since the last 

annual contract anniversary. 

• Table 2 AAF is used for a unit 

occupied by the same family as at the 

time of the last annual contract 

anniversary. 

Category 3: Section 8 Project-Based 

Certificate Program 

Under the PBC program, the PHA and 

owner must have executed an 

Agreement to enter a HAP contract 

before January 16, 2001. The aggregate 

total term of the PBC HAP contract (the 

initial and any renewal terms) may not 

exceed 15 years. Therefore, most PBC 

HAP contracts have expired (or have 

been renewed as a project-based 

voucher contract in accordance with 24 

CFR 983.10(b)(1)(ii)). In the case of a 

PBC HAP contract that is still in effect, 

the following procedures are used to 

adjust contract rent: 

• Table 2 AAF is always used. The 

Table 1 AAF is not used. 

• Table 2 AAF is always applied 

before determining comparability (rent 

reasonableness). 

• Comparability always applies. If the 

comparable rent level is lower than the 

rent to owner (contract rent) as adjusted 

by application of the Table 2 AAF, the 

comparable rent level will be the new 

rent to owner. 

• The new rent to owner will not be 

reduced below the contract rent on the 

effective date of the HAP contract. 

III. When To Use Reduced AAFs (From 

AAF Table 2) 

In accordance with Section 8(c)(2)(A) 

of the United States Housing Act of 

1937 (42 U.S.C. 1437f(c)(2)(A)), the AAF 

is reduced by 0.01: 

• For all tenancies assisted in the 

Section 8 Project-Based Certificate 

program. 

• In other Section 8 programs, for a 

unit occupied by the same family at the 

time of the last annual rent adjustment 

(and where the rent is not reduced by 

application of comparability (rent 

reasonableness)). 

The law provides that: 

Except for assistance under the certificate 

program, for any unit occupied by the same 

family at the time of the last annual rental 

adjustment, where the assistance contract 

provides for the adjustment of the maximum 

monthly rent by applying an annual 

adjustment factor and where the rent for a 

unit is otherwise eligible for an adjustment 

based on the full amount of the factor, 0.01 

shall be subtracted from the amount of the 

factor, except that the factor shall not be 

reduced to less than 1.0. In the case of 

assistance under the certificate program, 0.01 

shall be subtracted from the amount of the 

annual adjustment factor (except that the 

factor shall not be reduced to less than 1.0), 

and the adjusted rent shall not exceed the 

rent for a comparable unassisted unit of 

similar quality, type and age in the market 

area. 42 U.S.C. 1437f(c)(2)(A). 

Legislative history for this statutory 

provision states that ‘‘the rationale [for 

lower AAFs for non-turnover units is] 


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1CPI indexes CUUSA103SEHA and 

CUSR0000SAH2 respectively. 

2The formulas used to produce these factors can 

be found in the Annual Adjustment Factors 

overview and in the FMR documentation at 

www.HUDUSER.gov. 

that operating costs are less if tenant 

turnover is less . . .’’ (see Department of 

Veteran Affairs and Housing and Urban 

Development, and Independent 

Agencies Appropriations for 1995, 

Hearings Before a Subcommittee of the 

Committee on Appropriations 103d 

Cong., 2d Sess. 591 (1994)). The 

Congressional Record also states the 

following: 

Because the cost to owners of turnoverrelated vacancies, maintenance, and 

marketing are lower for long-term stable 

tenants, these tenants are typically charged 

less than recent movers in the unassisted 

market. Since HUD pays the full amount of 

any rent increases for assisted tenants in 

section 8 projects and under the Certificate 

program, HUD should expect to benefit from 

this ‘tenure discount.’ Turnover is lower in 

assisted properties than in the unassisted 

market, so the effect of the current 

inconsistency with market-based rent 

increases is exacerbated. (140 Cong. Rec. 

8659, 8693 (1994)). 

To implement the law, HUD 

publishes two separate AAF Tables, 

Table 1 and Table 2. The difference 

between Table 1 and Table 2 is that each 

AAF in Table 2 is 0.01 less than the 

corresponding AAF in Table 1. Where 

an AAF in Table 1 would otherwise be 

less than 1.0, it is set at 1.0, as required 

by statute; the corresponding AAF in 

Table 2 will also be set at 1.0, as 

required by statute. 

IV. How To Find the AAF 

AAF Table 1 and Table 2 are posted 

on the HUD User Web site at http://

www.huduser.gov/portal/datasets/

aaf.html. There are two columns in each 

AAF table. The first column is used to 

adjust contract rent for rental units 

where the highest cost utility is 

included in the contract rent, i.e., where 

the owner pays for the highest cost 

utility. The second column is used 

where the highest cost utility is not 

included in the contract rent, i.e., where 

the tenant pays for the highest cost 

utility. 

The applicable AAF is selected as 

follows: 

• Determine whether Table 1 or Table 

2 is applicable. In Table 1 or Table 2, 

locate the AAF for the geographic area 

where the contract unit is located. 

• Determine whether the highest cost 

utility is or is not included in contract 

rent for the contract unit. 

• If highest cost utility is included, 

select the AAF from the column for 

‘‘Highest Cost Utility Included.’’ If 

highest cost utility is not included, 

select the AAF from the column for 

‘‘Highest Cost Utility Excluded.’’ 

V. Methodology 

AAFs are rent inflation factors. Two 

types of rent inflation factors are 

calculated for AAFs: Gross rent factors 

and shelter rent factors. The gross rent 

factor accounts for inflation in the cost 

of both the rent of the residence and the 

utilities used by the unit; the shelter 

rent factor accounts for the inflation in 

the rent of the residence, but does not 

reflect any change in the cost of utilities. 

The gross rent inflation factor is 

designated as ‘‘Highest Cost Utility 

Included’’ and the shelter rent inflation 

factor is designated as ‘‘Highest Cost 

Utility Excluded.’’ 

AAFs are calculated using CPI data on 

‘‘rent of primary residence’’ and ‘‘fuels 

and utilities.’’ 1 The CPI inflation index 

for rent of primary residence measures 

the inflation of all surveyed units 

regardless of whether utilities are 

included in the rent of the unit or not. 

In other words, it measures the inflation 

of the ‘‘contract rent’’ which includes 

units with all utilities included in the 

rent, units with some utilities included 

in the rent, and units with no utilities 

included in the rent. In producing a 

gross rent inflation factor and a shelter 

rent inflation factor, HUD decomposes 

the contract rent CPI inflation factor into 

parts to represent the gross rent change 

and the shelter rent change. This is done 

by applying data from the Consumer 

Expenditure Survey (CEX) on the 

percentage of renters who pay for heat 

(a proxy for the percentage of renters 

who pay shelter rent) and also American 

Community Survey (ACS) data on the 

ratio of utilities to rents. For Puerto 

Rico, the Puerto Rico Community 

Survey (PRCS) is used to determine the 

ratio of utilities to rents, resulting in 

different AAFs for some metropolitan 

areas in Puerto Rico.2

Survey Data Used To Produce AAFs 

The rent and fuel and utilities 

inflation factors for large metropolitan 

areas and Census regions are based on 

changes in the rent of primary residence 

and fuels and utilities CPI indices from 

2015 to 2016. The CEX data used to 

decompose the contract rent inflation 

factor into gross rent and shelter rent 

inflation factors come from a special 

tabulation of 2016 CEX survey data 

produced for HUD. The utility-to-rent 

ratio used to produce AAFs comes from 

2015 ACS median rent and utility costs. 

Geographic Areas 

AAFs are produced for all Class A CPI 

cities (CPI cities with a population of 

1.5 million or more) and for the four 

Census Regions. They are applied to 

Core-Based Statistical Areas (CBSAs) 

where more than 75 percent of the 

population of the CBSA is covered by 

the CPI city-survey. The AAF that is 

based on that CPI survey is applied to 

the whole CBSA and to any HUDdefined metropolitan area, called the 

‘‘HUD Metro FMR Area’’ (HMFA), 

within that CBSA. If the CBSA is not 

covered by a CPI city-survey, the CBSA 

uses the relevant regional CPI factor. All 

non-metropolitan counties use regional 

CPI factors, except for those that are in 

CPI cities, but have been dropped from 

metropolitan area by OMB definitions 

(Lenawee County, MI; Ashtabula 

County, OH; Henderson County, TX; 

King George County, VA; Island County, 

WA). For areas assigned the Census 

Region CPI factor, both metropolitan 

and non-metropolitan areas receive the 

same factor. 

Each metropolitan area that uses a 

local CPI update factor is listed 

alphabetically in the tables and each 

HMFA is listed alphabetically within its 

respective CBSA. Each AAF applies to 

a specific geographic area and to units 

of all bedroom sizes. AAFs are 

provided: 

• For separate metropolitan areas, 

including HMFAs and counties that are 

currently designated as nonmetropolitan, but are part of the 

metropolitan area defined in the local 

CPI survey. 

• For the four Census Regions (to be 

used for those metropolitan and nonmetropolitan areas that are not covered 

by a CPI city-survey). 

AAFs use the same OMB metropolitan 

area definitions, as revised by HUD, that 

are used for the FY 2018 FMRs. 

Area Definitions 

To make certain that they are using 

the correct AAFs, users should refer to 

the Area Definitions Table section at 

http://www.huduser.gov/portal/

datasets/aaf.html. The Area Definitions 

Table lists CPI areas in alphabetical 

order by state, and the associated 

Census region is shown next to each 

state name. Areas whose AAFs are 

determined by local CPI surveys are 

listed first. All metropolitan areas with 

local CPI surveys have separate AAF 

schedules and are shown with their 

corresponding county definitions or as 

metropolitan counties. In the six New 

England states, the listings are for 

counties or parts of counties as defined 

by towns or cities. The remaining 


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counties use the CPI for the Census 

Region and are not separately listed in 

the Area Definitions Table at http://

www.huduser.gov/portal/datasets/

aaf.html. 

Puerto Rico uses its own AAFs 

calculated from the Puerto Rico CPI as 

adjusted by the PRCS, the Virgin Islands 

uses the South Region AAFs and the 

Pacific Islands uses the West Region 

AAFs. All areas in Hawaii use the AAFs 

listed next to ‘‘Hawaii’’ in the Tables 

which are based on the CPI survey for 

the Honolulu metropolitan area. The 

Pacific Islands use the West Region 

AAFs. 

Dated: November 1, 2017. 

Todd M. Richardson, 

Deputy Assistant Secretary, Office of Policy 

Development, Office of Policy Development 

and Research. 

[FR Doc. 2017–24330 Filed 11–7–17; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[Docket No. FWS–HQ–IA–2017–0070; 

FXIA16710900000–178–FF09A30000] 

Endangered Species; Marine Mammal 

Receipt of Applications for Permit 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of receipt of applications 

for permit. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, invite the public to 

comment on the following applications 

to conduct certain activities with 

endangered species, marine mammals, 

or both. With some exceptions, the 

Endangered Species Act (ESA) and 

Marine Mammal Protection Act 

(MMPA) prohibit activities with listed 

species unless Federal authorization is 

acquired that allows such activities. 

DATES: We must receive comments or 

requests for documents on or before 

December 8, 2017. 

ADDRESSES: Submitting Comments: You 

may submit comments by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

on Docket No. FWS–HQ–IA–2017–0070. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: Docket No. 

FWS–HQ–IA–2017–0070; U.S. Fish and 

Wildlife Service Headquarters, MS: 

BPHC; 5275 Leesburg Pike, Falls 

Church, VA 22041–3803. 

When submitting comments, please 

indicate the name of the applicant and 

the PRT# you are commenting on. We 

will post all comments on http://

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section for more 

information). 

Viewing Comments: Comments and 

materials we receive will be available 

for public inspection on http://

www.regulations.gov, or by 

appointment, between 8 a.m. and 4 

p.m., Monday through Friday, except 

Federal holidays, at the U.S. Fish and 

Wildlife Service, Division of 

Management Authority, 5275 Leesburg 

Pike, Falls Church, VA 22041–3803; 

telephone 703–358–2095. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Russell, Government Information 

Specialist, Division of Management 

Authority, U.S. Fish and Wildlife 

Service Headquarters, MS: IA; 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803; telephone 703–358–2023; 

facsimile 703–358–2280. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

A. How do I request copies of 

applications or comment on submitted 

applications? 

Send your request for copies of 

applications or comments and materials 

concerning any of the applications to 

the contact listed under FOR FURTHER

INFORMATION CONTACT. Please include 

the Federal Register notice publication 

date, the PRT-number, and the name of 

the applicant in your request or 

submission. We will not consider 

requests or comments sent to an email 

or address not listed under ADDRESSES. 

If you provide an email address in your 

request for copies of applications, we 

will attempt to respond to your request 

electronically. 

Please make your requests or 

comments as specific as possible. Please 

confine your comments to issues for 

which we seek comments in this notice, 

and explain the basis for your 

comments. Include sufficient 

information with your comments to 

allow us to authenticate any scientific or 

commercial data you include. 

The comments and recommendations 

that will be most useful and likely to 

influence agency decisions are: (1) 

Those supported by quantitative 

information or studies; and (2) Those 

that include citations to, and analyses 

of, the applicable laws and regulations. 

We will not consider or include in our 

administrative record comments we 

receive after the close of the comment 

period (see DATES) or comments 

delivered to an address other than those 

listed above (see ADDRESSES). 

B. May I review comments submitted by 

others? 

Comments, including names and 

street addresses of respondents, will be 

available for public review at the street 

address listed under ADDRESSES. The 

public may review documents and other 

information applicants have sent in 

support of the application unless our 

allowing viewing would violate the 

Privacy Act or Freedom of Information 

Act. Before including your address, 

phone number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

II. Background 

To help us carry out our conservation 

responsibilities for affected species, and 

in consideration of section 10(a)(1)(A) of 

the Endangered Species Act of 1973, as 

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

and the Marine Mammal Protection Act 

of 1972, as amended (16 U.S.C. 1361 et 

seq.), along with Executive Order 13576, 

‘‘Delivering an Efficient, Effective, and 

Accountable Government,’’ and the 

President’s Memorandum for the Heads 

of Executive Departments and Agencies 

of January 21, 2009—Transparency and 

Open Government (74 FR 4685; January 

26, 2009), which call on all Federal 

agencies to promote openness and 

transparency in Government by 

disclosing information to the public, we 

invite public comment on these permit 

applications before final action is taken. 

Under the MMPA, you may request a 

hearing on any MMPA application 

received. If you request a hearing, give 

specific reasons why a hearing would be 

appropriate. The holding of such a 

hearing is at the discretion of the 

Service Director. 

III. Permit Applications 

We invite the public to comment on 

applications to conduct certain 

activities with endangered species. With 

some exceptions, the Endangered 

Species Act (16 U.S.C. 1531 et seq.; 

ESA) prohibits activities with listed 

species unless Federal authorization is 

acquired that allows such activities. 


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