81 FR 95162 - Notice of Certain Operating Cost Adjustment Factors for 2017

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 248 (December 27, 2016)

Page Range		95162-95164
FR Document		2016-31206

On October 5, 2016 at 81 FR 69073, HUD published a notice that established the operating cost adjustment factors (OCAFs) for project- based rental assistance contracts issued under Section 8 of the United States Housing Act of 1937 and renewed under the Multifamily Assisted Housing Reform and Affordability Act of 1997 (MAHRA) with an anniversary date on or after February 11, 2017. OCAFs are annual factors used primarily to adjust the rents for contracts renewed under section 515 or section 524 of MAHRA. The October 5, 2016, notice inadvertently stated, however, that the floor for the OCAF was one percent. The statutory floor is zero percent. As a result, today's notice corrects the October 5, 2016, notice. For the convenience of the public, HUD is republishing the corrected notice in its entirety. The factors in the table have not changed.

Federal Register, Volume 81 Issue 248 (Tuesday, December 27, 2016)

[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Pages 95162-95164]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-31206]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5971-N-02]

Notice of Certain Operating Cost Adjustment Factors for 2017

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: On October 5, 2016 at 81 FR 69073, HUD published a notice that
established the operating cost adjustment factors (OCAFs) for project-
based rental assistance contracts issued under Section 8 of the United
States Housing Act of 1937 and renewed under the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (MAHRA) with an
anniversary date on or after February 11, 2017. OCAFs are annual
factors used primarily to adjust the rents for contracts renewed under
section 515 or section 524 of MAHRA. The October 5, 2016, notice
inadvertently stated, however, that the floor for the OCAF was one
percent. The statutory floor is zero percent. As a result, today's
notice corrects the October 5, 2016, notice. For the convenience of the
public, HUD is republishing the corrected notice in its entirety. The
factors in the table have not changed.

DATES: Effective Date: February 11, 2017.

FOR FURTHER INFORMATION CONTACT: Stan Houle, Program Analyst, Office of
Asset Management and Portfolio Oversight, Department of Housing and
Urban Development, 451 7th Street SW., Washington, DC 20410; telephone
number 202-402-2572 (this is not a toll-free number). Hearing- or
speech-impaired individuals may access this number through TTY by
calling the toll-free Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

I. OCAFs

Section 514(e)(2) and section 524(c)(1) of MAHRA (42 U.S.C. 1437f
note) require HUD to establish guidelines for the development of OCAFs
for rent adjustments. Sections 524(a)(4)(C)(i), 524(b)(1)(A), and
524(b)(3)(A) of MAHRA, all of which prescribe the use of the OCAF in
the calculation of renewal rents, contain similar language. HUD has
therefore used a single methodology for establishing OCAFs, which vary
from State to State.
MAHRA gives HUD broad discretion in setting OCAFs, referring, for
example, in sections 524(a)(4)(C)(i), 524(b)(1)(A), 524(b)(3)(A) and
524(c)(1) simply to ``an operating cost adjustment factor established
by the Secretary.'' The sole limitation to this grant of authority is a
specific requirement in each of the foregoing provisions that
application of an OCAF ``shall not result in a negative adjustment.''
Contract rents are adjusted by applying the OCAF to that portion of

[[Page 95163]]

the rent attributable to operating expenses exclusive of debt service.
The OCAFs provided in this notice are applicable to eligible
projects having a contract anniversary date of February 11, 2016 or
after and were calculated using the same method as those published in
HUD's 2016 OCAF notice published on October 13, 2015 (79 FR 59502).
Specifically, OCAFs are calculated as the sum of weighted average cost
changes for wages, employee benefits, property taxes, insurance,
supplies and equipment, fuel oil, electricity, natural gas, and water/
sewer/trash using publicly available indices. The weights used in the
OCAF calculations for each of the nine cost component groupings are set
using current percentages attributable to each of the nine expense
categories. These weights are calculated in the same manner as in the
October 13, 2015, notice. Average expense proportions were calculated
using three years of audited Annual Financial Statements from projects
covered by OCAFs. The expenditure percentages for these nine categories
have been found to be very stable over time, but using three years of
data increases their stability. The nine cost component weights were
calculated at the state level, which is the lowest level of
geographical aggregation with enough projects to permit statistical
analysis. These data were not available for the Western Pacific
Islands, so data for Hawaii were used as the best available indicator
of OCAFs for these areas.
The best current price data sources for the nine cost categories
were used in calculating annual change factors. State-level data for
fuel oil, electricity, and natural gas from Department of Energy
surveys are relatively current and continue to be used. Data on changes
in employee benefits, insurance, property taxes, and water/sewer/trash
costs are only available at the national level. The data sources for
the nine cost indicators selected used were as follows:
Labor Costs: First quarter, 2016 Bureau of Labor
Statistics (BLS) ECI, Private Industry Wages and Salaries, All Workers
(Series ID CIU2020000000000I) at the national level and Private
Industry Benefits, All Workers (Series ID CIU2030000000000I) at the
national level.
Property Taxes: Census Quarterly Summary of State and
Local Government Tax Revenue--Table 1 http://www2.census.gov/govs/qtax/2016/q1t1.xls. 12-month property taxes are computed as the total of
four quarters of tax receipts for the period from April through March.
Total 12-month taxes are then divided by the number of occupied housing
units to arrive at average 12-month tax per housing unit. The number of
occupied housing units is taken from the estimates program at the
Bureau of the Census. http://www.census.gov/housing/hvs/data/histtab8.xls.
Goods, Supplies, Equipment: May 2015 to May 2016 Bureau of
Labor Statistics (BLS) Consumer Price Index, All Items Less Food,
Energy and Shelter (Series ID CUUR0000SA0L12E) at the national level.
Insurance: May 2015 to May 2016 Bureau of Labor Statistic
(BLS) Consumer Price Index, Tenants and Household Insurance Index
(Series ID CUUR0000SEHD) at the national level.
Fuel Oil: October 2015-March 2016 U.S. Weekly Heating Oil
and Propane Prices report. Average weekly residential heating oil
prices in cents per gallon excluding taxes for the period from October
5, 2015 through March 28, 2016 are compared to the average from October
13, 2014 through March 30, 2015. For the States with insufficient fuel
oil consumption to have separate estimates, the relevant regional
Petroleum Administration for Defense Districts (PADD) change between
these two periods is used; if there is no regional PADD estimate, the
U.S. change between these two periods is used. http://www.eia.gov/dnav/pet/pet_pri_wfr_a_EPD2F_prs_dpgal_w.htm.
Electricity: Energy Information Agency, February 2016
``Electric Power Monthly'' report, Table 5.6.B. http://www.eia.gov/electricity/monthly/epm_table_grapher.cfm?t=epmt_5_06_b.
Natural Gas: Energy Information Agency, Natural Gas,
Residential Energy Price, 2015-2016 annual prices in dollars per 1,000
cubic feet at the state level. Due to EIA data quality standards
several states were missing data for one or two months in 2015; in
these cases, data for these missing months were estimated using data
from the surrounding months in 2015 and the relationship between that
same month and the surrounding months in 2014. http://www.eia.gov/dnav/ng/ng_pri_sum_a_EPG0_PRS_DMcf_a.htm.
Water and Sewer: May 2015 to May 2016 Consumer Price
Index, All Urban Consumers, Water and Sewer and Trash Collection
Services (Series ID CUUR0000SEHG) at the national level.
The sum of the nine cost component percentage weights equals 100
percent of operating costs for purposes of OCAF calculations. To
calculate the OCAFs, state-level cost component weights developed from
AFS data are multiplied by the selected inflation factors. For
instance, if wages in Virginia comprised 50 percent of total operating
cost expenses and increased by 4 percent from 2015 to 2016, the wage
increase component of the Virginia OCAF for 2017 would be 2.0 percent
(50% * 4%). This 2.0 percent would then be added to the increases for
the other eight expense categories to calculate the 2016 OCAF for
Virginia. For states where the OCAF is less than 0 percent, the OCAF is
floored at 0 percent. The OCAFs for 2017 are included as an Appendix to
this Notice.

II. MAHRA OCAF Procedures

Sections 514 and 515 of MAHRA, as amended, created the Mark-to-
Market program to reduce the cost of federal housing assistance, to
enhance HUD's administration of such assistance, and to ensure the
continued affordability of units in certain multifamily housing
projects. Section 524 of MAHRA authorizes renewal of Section 8 project-
based assistance contracts for projects without restructuring plans
under the Mark-to-Market program, including projects that are not
eligible for a restructuring plan and those for which the owner does
not request such a plan. Renewals must be at rents not exceeding
comparable market rents except for certain projects. As an example, for
Section 8 Moderate Rehabilitation projects, other than single room
occupancy projects (SROs) under the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11301 et seq.), that are eligible for renewal under
section 524(b)(3) of MAHRA, the renewal rents are required to be set at
the lesser of: (1) The existing rents under the expiring contract, as
adjusted by the OCAF; (2) fair market rents (less any amounts allowed
for tenant-purchased utilities); or (3) comparable market rents for the
market area.

III. Findings and Certifications

Environmental Impact
This issuance sets forth rate determinations and related external
administrative requirements and procedures that do not constitute a
development decision affecting the physical condition of specific
project areas or building sites. Accordingly, under 24 CFR 50.19(c)(6),
this notice is categorically excluded from environmental review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321).
Catalog of Federal Domestic Assistance Number
The Catalog of Federal Domestic Assistance Number for this program
is 14.195.

[[Page 95164]]

Dated: December 14, 2016.
Edward L. Golding,
Principal Deputy, Assistant Secretary for Housing, H.
Appendix

Operating Cost Adjustment Factors for 2017
------------------------------------------------------------------------
State OCAF (%)
------------------------------------------------------------------------
Alabama.................................................... 2.1
Alaska..................................................... 0.5
Arizona.................................................... 2.1
Arkansas................................................... 2.3
California................................................. 2.2
Colorado................................................... 1.7
Connecticut................................................ 1.1
Delaware................................................... 1.7
District of Columbia....................................... 2.0
Florida.................................................... 2.0
Georgia.................................................... 2.0
Hawaii..................................................... 0.0
Idaho...................................................... 2.3
Illinois................................................... 1.5
Indiana.................................................... 2.0
Iowa....................................................... 2.1
Kansas..................................................... 2.0
Kentucky................................................... 1.9
Louisiana.................................................. 1.8
Maine...................................................... 1.4
Maryland................................................... 2.1
Massachusetts.............................................. 1.8
Michigan................................................... 1.7
Minnesota.................................................. 1.8
Mississippi................................................ 2.1
Missouri................................................... 2.2
Montana.................................................... 2.1
Nebraska................................................... 2.3
Nevada..................................................... 2.2
New Hampshire.............................................. 1.8
New Jersey................................................. 1.3
New Mexico................................................. 1.6
New York................................................... 0.4
North Carolina............................................. 2.0
North Dakota............................................... 2.4
Ohio....................................................... 1.9
Oklahoma................................................... 2.0
Oregon..................................................... 2.2
Pacific Islands............................................ 0.0
Pennsylvania............................................... 2.0
Puerto Rico................................................ 1.9
Rhode Island............................................... 2.1
South Carolina............................................. 2.1
South Dakota............................................... 2.1
Tennessee.................................................. 2.0
Texas...................................................... 2.0
Utah....................................................... 2.2
Vermont.................................................... 0.6
Virgin Islands............................................. 2.0
Virginia................................................... 2.0
Washington................................................. 2.2
West Virginia.............................................. 2.6
Wisconsin.................................................. 1.8
Wyoming.................................................... 2.2
U.S. Average............................................... 1.9
------------------------------------------------------------------------

[FR Doc. 2016-31206 Filed 12-23-16; 8:45 am]
BILLING CODE 4210-67-P

95162 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices

extended for 18 months, from December population, and damaged critical ACTION: Notice.
24, 2016, through June 24, 2018. infrastructure in the country. While
F–1 nonimmigrant students granted conditions have improved in the past 18 SUMMARY: On October 5, 2016 at 81 FR
employment authorization through the months, blockades along the border 69073, HUD published a notice that
notice will continue to be deemed to be with India and civil unrest have delayed established the operating cost
engaged in a ‘‘full course of study’’ for Nepal’s reconstruction efforts. adjustment factors (OCAFs) for project-
the duration of their employment As of August 11, 2016, 12,189 F–1 based rental assistance contracts issued
authorization provided they satisfy the students from Nepal were enrolled in under Section 8 of the United States
minimum course load requirement courses in U.S. schools. Given the Housing Act of 1937 and renewed under
described in 80 FR 69237. See 8 CFR current conditions in Nepal, affected the Multifamily Assisted Housing
214.2(f)(6)(i)(F). students whose primary means of Reform and Affordability Act of 1997
financial support come from Nepal may (MAHRA) with an anniversary date on
Who is covered under this action?
need to be exempt from the normal or after February 11, 2017. OCAFs are
This notice applies exclusively to F– student employment requirements to be annual factors used primarily to adjust
1 nonimmigrant students who meet all able to continue their studies in the the rents for contracts renewed under
of the following conditions: (1) Are United States. The widespread disaster section 515 or section 524 of MAHRA.
lawful citizens of Nepal; (2) Were and delayed recovery in Nepal have The October 5, 2016, notice
lawfully present in the United States in made it unfeasible for many students to inadvertently stated, however, that the
F–1 nonimmigrant status on April 25, safely return to the country. Without floor for the OCAF was one percent. The
2015, under section 101(a)(15)(F)(i) of employment authorization, these statutory floor is zero percent. As a
the Immigration and Nationality Act students may lack the means to meet result, today’s notice corrects the
(INA), 8 U.S.C. 1101(a)(15)(F)(i); (3) Are basic living expenses. October 5, 2016, notice. For the
enrolled in a school that is Student and The United States is committed to convenience of the public, HUD is
Exchange Visitor Program (SEVP)- continuing to assist the people of Nepal. republishing the corrected notice in its
certified for enrollment of F–1 students; DHS is therefore extending this entirety. The factors in the table have
(4) Are currently maintaining F–1 employment authorization for F–1 not changed.
status; and (5) Are experiencing severe nonimmigrant students whose country DATES: Effective Date: February 11,
economic hardship as a direct result of of citizenship is Nepal and who are
the damage caused by the earthquake in 2017.
continuing to experience severe
Nepal of April 25, 2015. economic hardship as a result of the FOR FURTHER INFORMATION CONTACT: Stan
This notice applies to both earthquake in April 2015. Houle, Program Analyst, Office of Asset
undergraduate and graduate students, as Management and Portfolio Oversight,
well as elementary school, middle How do I apply for an employment Department of Housing and Urban
school, and high school students. The authorization under the circumstances Development, 451 7th Street SW.,
notice, however, applies differently to of this notice? Washington, DC 20410; telephone
elementary school, middle school, and F–1 nonimmigrant students whose number 202–402–2572 (this is not a toll-
high school students (see the discussion country of citizenship is Nepal who free number). Hearing- or speech-
published at 80 FR 69239 in the were lawfully present in the United impaired individuals may access this
question, ‘‘Does this notice apply to States on April 25, 2015, and are number through TTY by calling the toll-
elementary school, middle school, and experiencing severe economic hardship free Federal Relay Service at 800–877–
high school students in F–1 status?’’). as a direct result of the earthquake may 8339.
F–1 students covered by this notice apply for employment authorization SUPPLEMENTARY INFORMATION:
who transfer to other academic under the guidelines described in 80 FR
institutions that are SEVP-certified for 69237. This notice extends the time I. OCAFs
enrollment of F–1 students remain period during which such F–1 students
eligible for the relief provided by means Section 514(e)(2) and section 524(c)(1)
may seek employment authorization
of this notice. of MAHRA (42 U.S.C. 1437f note)
due to the earthquake. It does not
require HUD to establish guidelines for
Why is DHS taking this action? impose any new or additional policies
the development of OCAFs for rent
or procedures beyond those listed in the
The Department of Homeland adjustments. Sections 524(a)(4)(C)(i),
original notice. All interested F–1
Security (DHS) took action to provide 524(b)(1)(A), and 524(b)(3)(A) of
students should follow the instructions
temporary relief to F–1 nonimmigrant MAHRA, all of which prescribe the use
listed in the original notice.
students whose country of citizenship is of the OCAF in the calculation of
Nepal and experienced severe economic Jeh Charles Johnson, renewal rents, contain similar language.
hardship as a direct result of the Secretary. HUD has therefore used a single
earthquake in Nepal in April 2015. See [FR Doc. 2016–31158 Filed 12–23–16; 8:45 am] methodology for establishing OCAFs,
80 FR 69237. It enabled these F–1 BILLING CODE 4410–10–P
which vary from State to State.
students to obtain employment MAHRA gives HUD broad discretion
authorization, work an increased in setting OCAFs, referring, for example,
number of hours while school was in DEPARTMENT OF HOUSING AND in sections 524(a)(4)(C)(i), 524(b)(1)(A),
session, and reduce their course load 524(b)(3)(A) and 524(c)(1) simply to ‘‘an
asabaliauskas on DSK3SPTVN1PROD with NOTICES

URBAN DEVELOPMENT
while continuing to maintain their F–1 operating cost adjustment factor
student status. [Docket No. FR–5971–N–02] established by the Secretary.’’ The sole
Nepal continues to recover from the limitation to this grant of authority is a
Notice of Certain Operating Cost
magnitude 7.8 earthquake that struck specific requirement in each of the
Adjustment Factors for 2017
the country on April 25, 2015. The foregoing provisions that application of
earthquake affected more than 8 million AGENCY: Office of the Assistant an OCAF ‘‘shall not result in a negative
people in Nepal, approximately 25 Secretary for Housing—Federal Housing adjustment.’’ Contract rents are adjusted
percent to 33 percent of Nepal’s Commissioner, HUD. by applying the OCAF to that portion of

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Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices 95163

the rent attributable to operating number of occupied housing units to expenses and increased by 4 percent
expenses exclusive of debt service. arrive at average 12-month tax per from 2015 to 2016, the wage increase
The OCAFs provided in this notice housing unit. The number of occupied component of the Virginia OCAF for
are applicable to eligible projects having housing units is taken from the 2017 would be 2.0 percent (50% * 4%).
a contract anniversary date of February estimates program at the Bureau of the This 2.0 percent would then be added
11, 2016 or after and were calculated Census. http://www.census.gov/ to the increases for the other eight
using the same method as those housing/hvs/data/histtab8.xls. expense categories to calculate the 2016
published in HUD’s 2016 OCAF notice • Goods, Supplies, Equipment: May OCAF for Virginia. For states where the
published on October 13, 2015 (79 FR 2015 to May 2016 Bureau of Labor OCAF is less than 0 percent, the OCAF
59502). Specifically, OCAFs are Statistics (BLS) Consumer Price Index, is floored at 0 percent. The OCAFs for
calculated as the sum of weighted All Items Less Food, Energy and Shelter 2017 are included as an Appendix to
average cost changes for wages, (Series ID CUUR0000SA0L12E) at the this Notice.
employee benefits, property taxes, national level.
insurance, supplies and equipment, fuel • Insurance: May 2015 to May 2016 II. MAHRA OCAF Procedures
oil, electricity, natural gas, and water/ Bureau of Labor Statistic (BLS)
Sections 514 and 515 of MAHRA, as
sewer/trash using publicly available Consumer Price Index, Tenants and
amended, created the Mark-to-Market
indices. The weights used in the OCAF Household Insurance Index (Series ID
program to reduce the cost of federal
calculations for each of the nine cost CUUR0000SEHD) at the national level.
• Fuel Oil: October 2015–March 2016 housing assistance, to enhance HUD’s
component groupings are set using
U.S. Weekly Heating Oil and Propane administration of such assistance, and
current percentages attributable to each
Prices report. Average weekly to ensure the continued affordability of
of the nine expense categories. These
residential heating oil prices in cents units in certain multifamily housing
weights are calculated in the same
per gallon excluding taxes for the period projects. Section 524 of MAHRA
manner as in the October 13, 2015,
from October 5, 2015 through March 28, authorizes renewal of Section 8 project-
notice. Average expense proportions
2016 are compared to the average from based assistance contracts for projects
were calculated using three years of
October 13, 2014 through March 30, without restructuring plans under the
audited Annual Financial Statements
from projects covered by OCAFs. The 2015. For the States with insufficient Mark-to-Market program, including
expenditure percentages for these nine fuel oil consumption to have separate projects that are not eligible for a
categories have been found to be very estimates, the relevant regional restructuring plan and those for which
stable over time, but using three years Petroleum Administration for Defense the owner does not request such a plan.
of data increases their stability. The Districts (PADD) change between these Renewals must be at rents not exceeding
nine cost component weights were two periods is used; if there is no comparable market rents except for
calculated at the state level, which is the regional PADD estimate, the U.S. change certain projects. As an example, for
lowest level of geographical aggregation between these two periods is used. Section 8 Moderate Rehabilitation
with enough projects to permit http://www.eia.gov/dnav/pet/pet_pri_ projects, other than single room
statistical analysis. These data were not wfr_a_EPD2F_prs_dpgal_w.htm. occupancy projects (SROs) under the
available for the Western Pacific Islands, • Electricity: Energy Information McKinney-Vento Homeless Assistance
so data for Hawaii were used as the best Agency, February 2016 ‘‘Electric Power Act (42 U.S.C. 11301 et seq.), that are
available indicator of OCAFs for these Monthly’’ report, Table 5.6.B. http:// eligible for renewal under section
areas. www.eia.gov/electricity/monthly/epm_ 524(b)(3) of MAHRA, the renewal rents
The best current price data sources for table_grapher.cfm?t=epmt_5_06_b. are required to be set at the lesser of: (1)
the nine cost categories were used in • Natural Gas: Energy Information The existing rents under the expiring
calculating annual change factors. State- Agency, Natural Gas, Residential Energy contract, as adjusted by the OCAF; (2)
level data for fuel oil, electricity, and Price, 2015–2016 annual prices in fair market rents (less any amounts
natural gas from Department of Energy dollars per 1,000 cubic feet at the state allowed for tenant-purchased utilities);
surveys are relatively current and level. Due to EIA data quality standards or (3) comparable market rents for the
continue to be used. Data on changes in several states were missing data for one market area.
employee benefits, insurance, property or two months in 2015; in these cases, III. Findings and Certifications
taxes, and water/sewer/trash costs are data for these missing months were
only available at the national level. The estimated using data from the Environmental Impact
data sources for the nine cost indicators surrounding months in 2015 and the
selected used were as follows: relationship between that same month This issuance sets forth rate
• Labor Costs: First quarter, 2016 and the surrounding months in 2014. determinations and related external
Bureau of Labor Statistics (BLS) ECI, http://www.eia.gov/dnav/ng/ng_pri_ administrative requirements and
Private Industry Wages and Salaries, All sum_a_EPG0_PRS_DMcf_a.htm. procedures that do not constitute a
Workers (Series ID CIU2020000000000I) • Water and Sewer: May 2015 to May development decision affecting the
at the national level and Private 2016 Consumer Price Index, All Urban physical condition of specific project
Industry Benefits, All Workers (Series Consumers, Water and Sewer and Trash areas or building sites. Accordingly,
ID CIU2030000000000I) at the national Collection Services (Series ID under 24 CFR 50.19(c)(6), this notice is
level. CUUR0000SEHG) at the national level. categorically excluded from
• Property Taxes: Census Quarterly The sum of the nine cost component environmental review under the
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Summary of State and Local percentage weights equals 100 percent National Environmental Policy Act of
Government Tax Revenue—Table 1 of operating costs for purposes of OCAF 1969 (42 U.S.C. 4321).
http://www2.census.gov/govs/qtax/ calculations. To calculate the OCAFs, Catalog of Federal Domestic Assistance
2016/q1t1.xls. 12-month property taxes state-level cost component weights Number
are computed as the total of four developed from AFS data are multiplied
quarters of tax receipts for the period by the selected inflation factors. For The Catalog of Federal Domestic
from April through March. Total 12- instance, if wages in Virginia comprised Assistance Number for this program is
month taxes are then divided by the 50 percent of total operating cost 14.195.

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95164 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices

Dated: December 14, 2016. DEPARTMENT OF THE INTERIOR Fisheries Service, 1315 East-West
Edward L. Golding, Highway, Silver Spring, MD 20910
Principal Deputy, Assistant Secretary for Fish and Wildlife Service (telephone 301–427–8403, facsimile
Housing, H. 301–713–0376). Persons who use a
DEPARTMENT OF COMMERCE telecommunications device for the deaf
Appendix may call the Federal Information Relay
National Oceanic and Atmospheric Service at 800–877–8339.
OPERATING COST ADJUSTMENT Administration SUPPLEMENTARY INFORMATION:
FACTORS FOR 2017
[Docket Nos. FWS–HQ–ES–2015–0177 and
Background
160223138–6138–01; FF09E40000 156
OCAF
State (%) FXES11150900000; 160223138–6999–02] The U.S. Fish and Wildlife Service
RIN 1018–BB08; 0648–BF79 (FWS) and the National Marine
Alabama .................................... 2.1 Fisheries Service (NMFS) are charged
Alaska ....................................... 0.5 Candidate Conservation Agreements with implementing the Endangered
Arizona ...................................... 2.1 With Assurances Policy Species Act of 1973, as amended (16
Arkansas ................................... 2.3 U.S.C. 1531 et seq.) (ESA or Act); among
California ................................... 2.2 AGENCIES: U.S. Fish and Wildlife the purposes of the ESA are to provide
Colorado ................................... 1.7 Service (FWS), Interior; National Marine a means to conserve the ecosystems
Connecticut ............................... 1.1 Fisheries Service (NMFS), National upon which species listed as
Delaware ................................... 1.7 Oceanic and Atmospheric endangered or threatened depend and a
District of Columbia .................. 2.0 Administration (NOAA), Commerce. program for listed species conservation.
Florida ....................................... 2.0 ACTION: Announcement of revised Through its Candidate Conservation
Georgia ..................................... 2.0 policy. program, one of the FWS’s goals is to
Hawaii ....................................... 0.0 encourage the public to voluntarily
Idaho ......................................... 2.3 SUMMARY: We, the U.S. Fish and
develop and implement conservation
Illinois ........................................ 1.5 Wildlife Service and the National
plans for declining species prior to them
Indiana ...................................... 2.0 Marine Fisheries Service (Services when
being listed under the ESA (16 U.S.C.
Iowa .......................................... 2.1 referring to both, and Service when
1531 et seq.). The benefits of such
Kansas ...................................... 2.0 referring to when the action is taken by
conservation actions may contribute to
Kentucky ................................... 1.9 one agency), announce revisions to the
not needing to list a species, to list a
Louisiana .................................. 1.8 Candidate Conservation Agreements
species as threatened instead of
Maine ........................................ 1.4 with Assurances policy under the
endangered, or to accelerate the species’
Maryland ................................... 2.1 Endangered Species Act of 1973, as
recovery if it is listed. The Services put
Massachusetts .......................... 1.8 amended. We added a definition of ‘‘net
Michigan ................................... 1.7 in place a voluntary conservation
conservation benefit’’ to this policy and
Minnesota ................................. 1.8 program to provide incentives for non-
eliminated references to the confusing
Mississippi ................................ 2.1 Federal property owners to develop and
requirement of ‘‘other necessary
Missouri .................................... 2.2 implement conservation plans for
properties’’ to clarify the level of
Montana .................................... 2.1 unlisted species: Candidate
conservation effort each agreement
Nebraska .................................. 2.3 Conservation Agreements with
needs to include in order for the
Nevada ..................................... 2.2 Assurances (CCAAs). The policy for this
Services to approve an agreement. In a
New Hampshire ........................ 1.8 type of agreement was finalized on June
separate document published in today’s
New Jersey ............................... 1.3 17, 1999 (64 FR 32726), along with
Federal Register, the U.S. Fish and
New Mexico .............................. 1.6 implementing regulations for FWS in
Wildlife Service changed its regulations
New York .................................. 0.4 part 17 of title 50 of the Code of Federal
regarding Candidate Conservation
North Carolina .......................... 2.0 Regulations (CFR) (64 FR 32706). The
North Dakota ............................ 2.4
Agreements with Assurances to make
FWS revised the CCAA regulations in
Ohio .......................................... 1.9 them consistent with these changes to
2004 (69 FR 24084; May 2, 2004) to
Oklahoma ................................. 2.0 the policy.
make them easier to understand and
Oregon ...................................... 2.2 DATES: This policy is effective on
implement by defining ‘‘property
Pacific Islands ........................... 0.0 January 26, 2017. owner’’ and clarifying several points,
Pennsylvania ............................ 2.0 ADDRESSES: This final policy is available including the transfer of permits, permit
Puerto Rico ............................... 1.9 on the Internet at http:// revocation, and advanced notification of
Rhode Island ............................ 2.1 www.regulations.gov at Docket Number take.
South Carolina .......................... 2.1 FWS–HQ–ES–2015–0177. Comments To participate in a CCAA, non-
South Dakota ............................ 2.1 and materials received, as well as
Tennessee ................................ 2.0
Federal property owners agree to
supporting documentation used in the implement on their land the CCAA’s
Texas ........................................ 2.0 preparation of this policy, are also
Utah .......................................... 2.2 specific conservation measures that
available at the same location on the reduce or eliminate threats to the
Vermont .................................... 0.6 Internet.
Virgin Islands ............................ 2.0 species that are covered under the
FOR FURTHER INFORMATION CONTACT: Jeff agreement. An ESA section 10(a)(1)(A)
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Virginia ...................................... 2.0
Washington ............................... 2.2 Newman, Chief, Division of Recovery enhancement-of-survival permit is
West Virginia ............................ 2.6 and Restoration, U.S. Fish and Wildlife issued to the agreement participant
Wisconsin ................................. 1.8 Service, MS: ES, 5275 Leesburg Pike, providing a specific level of incidental
Wyoming ................................... 2.2 Falls Church, VA 22041–3803 take coverage should the property
U.S. Average ............................ 1.9 (telephone 703–358–2171); or Angela owner’s agreed-upon conservation
Somma, Chief, Endangered Species measures and routine property-
[FR Doc. 2016–31206 Filed 12–23–16; 8:45 am] Conservation Division, Office of management actions (e.g., agricultural,
BILLING CODE 4210–67–P Protected Resources, National Marine ranching, or forestry activities) result in

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Effective Date: February 11, 2017.
Contact		Stan Houle, Program Analyst, Office of Asset Management and Portfolio Oversight, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; telephone number 202-402-2572 (this is not a toll-free number). Hearing- or speech-impaired individuals may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339.
FR Citation		81 FR 95162