26830 Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations 

and recordkeeping requirements, Trade 

agreements (North American Free Trade 

Agreement). 

Amendment to the Regulations 

For the reasons stated above, part 181 

of title 19 of the Code of Federal 

Regulations (19 CFR part 181) is 

amended as set forth below. 

PART 181—NORTH AMERICAN FREE 

TRADE AGREEMENT 

■ 1. The general and specific authority 

citations for part 181 continue to read as 

follows: 

Authority: 19 U.S.C. 66, 1202 (General 

Note 3(i), Harmonized Tariff Schedule of the 

United States), 1624, 3314. 

* * * * * 

■ 2. In the Appendix to part 181: 

■ a. Part II, Section 5, under the heading 

‘‘Exceptions,’’ subsection 4(i) is revised; 

■ b. Part III, Section 6, under the 

heading ‘‘Net Cost Method Required in 

Certain Circumstances,’’ subsection 

(6)(d)(iv) is amended by removing 

‘‘subheading 8469.11’’ and adding in its 

place ‘‘heading 8469’’; 

■ c. Part VI, Section 16, under the 

heading ‘‘Exceptions for Certain 

Goods,’’ subsection (3) is revised; 

■ d. In Schedule IV: 

■ i. Remove the listing ‘‘8407.34.05, 

8407.34.15 and 8407.34.25’’ and add in 

its place the listing ‘‘8407.34.05, 

8407.34.14, 8407.34.18 and 8407.34.25’’; 

■ ii. Remove the listing ‘‘8407.34.35, 

8407.34.45 and 8407.34.55’’ and add in 

its place the listing ‘‘8407.34.35, 

8407.34.44, 8407.34.48 and 8407.34.55’’; 

■ iii. Remove the listing ‘‘8519.93’’ and 

add in its place the listing ‘‘ex 8519.81’’; 

■ iv. Remove the listing ‘‘8708.29.10 ’’; 

■ v. Remove the listing ‘‘8708.29.20’’ 

and add in its place the listing 

‘‘8708.29.21 and 8708.29.25’’; 

■ vi. Remove the listing ‘‘8708.39’’ and 

add in its place the listing ‘‘8708.30’’; 

■ vii. Remove the listing ‘‘8708.60’’; 

■ viii. Add in numerical order the 

listing ‘‘8708.95’’; 

■ ix. Remove the listing ‘‘8708.99.09, 

8708.99.34 and 8708.99.61’’; 

■ x. Remove the listing ‘‘8708.99.12, 

8708.99.37 and 8708.99.64’’; 

■ xi. Remove the listing ‘‘8708.99.15, 

8708.99.40 and 8708.99.67’’ and add in 

its place the listing ‘‘8708.99.16, 

8708.99.41 and 8708.99.68’’; 

■ xii. Remove the listing ‘‘8708.99.18, 

8708.99.43 and 8708.99.70’’; 

■ xiii. Remove the listing ‘‘8708.99.21, 

8708.99.46 and 8708.99.73’’; 

■ xiv. Remove the listing ‘‘8708.99.24, 

8708.99.49 and 8708.99.80; and 

■ xv. Add in numerical order the listing 

‘‘8708.99.23, 8708.99.48 and 

8708.99.81’’. 

The revisions read as follows: 

Appendix to Part 181—Rules of Origin 

Regulations 

* * * * * 

PART II 

* * * * * 

SECTION 5. DE MINIMIS 

* * * * * 

Exceptions 

(4) * * * 

(i) a non-originating material that is used 

in the production of any non-portable gas 

stoves or ranges of subheading 7321.11 or 

7321.19, subheadings 8415.10, 8415.20 

through 8415.83, 8418.10 through 8418.21, 

household type refrigerators, other than 

electrical absorption type of subheading 

8418.29, subheadings 8418.30 through 

8418.40, 8421.12, 8422.11, 8450.11 through 

8450.20 and 8451.21 through 8451.29 and 

tariff items 8479.89.55 (trash compactors) 

and 8516.60.40 (electric stoves or ranges); 

* * * * * 

PART VI 

SECTION 16. TRANSSHIPMENT 

* * * * * 

Exceptions for Certain Goods 

(3) Subsection (1) does not apply with 

respect to: 

(a) a ‘‘smart card’’ of subheading 8523.52, 

containing a single integrated circuit, where 

any further production or other operation 

that that good undergoes outside the 

territories of the NAFTA countries does not 

result in a change in the tariff classification 

of the good to any other subheading; 

(b) a good of any of subheadings 8541.10 

through 8541.60 or subheadings 8542.31 

through 8542.39, where any further 

production or other operation that that good 

undergoes outside the territories of the 

NAFTA countries does not result in a change 

in the tariff classification of the good to a 

subheading outside subheadings 8541.10 

through 8542.90; 

(c) an electronic microassembly of 

subheading 8543.70, where any further 

production or other operation that that good 

undergoes outside the territories of the 

NAFTA countries does not result in a change 

in the tariff classification of the good to any 

other subheading; or 

(d) an electronic microassembly of 

subheading 8548.90, where any further 

production or other operation that that good 

undergoes outside the territories of the 

NAFTA countries does not result in a change 

in the tariff classification of the good to any 

other subheading. 

* * * * * 

R. Gil Kerlikowske, 

Commissioner. 

Approved: May 5, 2015. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 2015–11291 Filed 5–8–15; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

Final Waiver and Extension of the 

Project Period; Community Parent 

Resource Centers 

[Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.328C] 

AGENCY: Office of Special Education 

Programs (OSEP), Office of Special 

Education and Rehabilitative Services, 

Department of Education. 

ACTION: Final waiver and extension of 

the project period. 

SUMMARY: For the nine currently funded 

Community Parent Resource Centers 

(CPRCs), the Secretary waives the 

requirements that generally prohibit 

project periods exceeding five years and 

extensions of project periods involving 

the obligation of additional Federal 

funds. This waiver and extension of the 

project period enables these nine CPRCs 

to receive funding from October 1, 2015, 

through September 30, 2016. Further, 

the waiver and extension of the project 

period mean that we will not announce 

a new competition or make new awards 

in fiscal year (FY) 2015. 

DATES: The waiver and extension of the 

project period are effective May 11, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

Carmen Sanchez, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 4057, Potomac Center Plaza, 

Washington, DC 20202–2600. 

Telephone: (202) 245–6595. 

If you use a telecommunications 

device for the deaf or a text telephone, 

call the Federal Relay Service, toll free, 

at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: On March 

9, 2015, we published a notice in the 

Federal Register (78 FR 46860) 

proposing an extension of project period 

and a waiver of 34 CFR 75.250 and 

75.261(a) and (c)(2) in order to— 

(1) Enable the Secretary to provide 

additional funds to the currently funded 

CPRCs for an additional 12-month 

project period, from October 1, 2015, 

through September 30, 2016; and 

(2) Request comments on the 

proposed extension of project period 

and waiver. 

There are no substantive differences 

between the proposed waiver and 

extension and the final waiver and 

extension. 

Public Comment 

In response to our invitation in the 

notice of proposed waiver and extension 

of the project period, we did not receive 


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Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations 26831 

any substantive comments. Generally, 

we do not address comments that raise 

concerns not directly related to the 

proposed waiver and extension of 

project period. 

Background 

On May 3, 2010, the Department of 

Education (Department) published in 

the Federal Register (75 FR 23254) a 

notice inviting applications (2010 NIA) 

for new awards for FY 2010 for up to 10 

CPRCs. The CPRCs are funded under the 

Parent Training and Information (PTI) 

Program, authorized under sections 672 

and 673 of the Individuals with 

Disabilities Education Act (IDEA). 

The purpose of CPRCs is to provide 

underserved parents of children with 

disabilities in targeted communities— 

including low-income parents, parents 

of limited English proficient children, 

and parents with disabilities—with the 

training and information they need to 

enable them to participate cooperatively 

and effectively in helping their children 

with disabilities to— 

(1) Meet developmental and 

functional goals, as well as challenging 

academic achievement standards that 

have been established for all children; 

and 

(2) Be prepared to lead the most 

productive, independent adult lives 

possible. 

The CPRCs provide training and 

information to parents of infants, 

toddlers, and children, from birth 

through age 26, with the full range of 

disabilities described in section 602(3) 

of IDEA by: (a) Responding to 

individual requests for information and 

support from parents of children with 

disabilities, including parents of 

children who may be inappropriately 

identified in their targeted communities; 

(b) providing training to parents of 

children with disabilities; (c) supporting 

parents of children with disabilities, as 

needed, such as helping them to prepare 

for individualized education program or 

individualized family service plan 

meetings; and (d) maintaining a Web 

site and social media presence, as 

appropriate, to inform parents in their 

targeted communities of appropriate 

resources. 

Based on the selection criteria in the 

2010 NIA, the Department made awards 

for a period of 60 months each to 10 

organizations, nine of which have 

received FY 2014 continuation funding: 

Fiesta Educativa in California; Parent to 

Parent of Miami, Inc. in Florida; Agenda 

for Children/Pyramid Parent Training in 

Louisiana; Urban PRIDE in 

Massachusetts; SPEAKS Education, Inc. 

in Michigan; Education for Parents of 

Indian Children with Special Needs in 

New Mexico; Palau Parents Empowered 

in Palau; Philadelphia HUNE, Inc. in 

Pennsylvania; and Children’s 

Disabilities Information Coalition in 

Texas. 

The 2010 CPRC cohort’s current 

project period is scheduled to end on 

September 30, 2015. We do not believe 

that it would be in the public interest to 

run a competition for new CPRCs this 

year because the Department is in the 

process of changing the competition 

schedule for the PTI Program to make 

better use of Department resources. 

Under the proposed CPRC 

competition schedule, instead of 

holding three competitions over five 

years, each for 10 CPRCs, we would 

hold one competition for 30 CPRCs that 

will each have a project period of up to 

five years. We propose to hold this 

competition and fund 30 CPRCs in FY 

2016. We also have concluded that it 

would be contrary to the public interest 

to provide services to fewer underserved 

families in order to change the 

Department’s competition schedule. 

For these reasons, the Secretary 

waives the requirements in 34 CFR 

75.250, which prohibit project periods 

exceeding five years, as well as the 

requirements in 34 CFR 75.261(a) and 

(c)(2), which allow the extension of a 

project period only if the extension does 

not involve the obligation of additional 

Federal funds. The waiver allows the 

Department to issue FY 2015 

continuation awards of $100,000 to each 

of the nine centers in the FY 2010 

cohort. 

Any activities carried out during the 

12-month period of this continuation 

award will have to be consistent with, 

or a logical extension of, the scope, 

goals, and objectives of the grantee’s 

application as approved in the FY 2010 

CPRC competition. The requirements 

applicable to continuation awards for 

this competition set forth in the 2010 

NIA and the requirements in 34 CFR 

75.253 will apply to any continuation 

awards sought by the current CPRC 

grantees. We will base our decisions 

regarding continuation awards on the 

program narratives, budgets, budget 

narratives, and program performance 

reports submitted by the current 

grantees, and the requirements in 34 

CFR 75.253. 

Waiver of Delayed Effective Date 

The Administrative Procedure Act 

requires that a substantive rule must be 

published at least 30 days before its 

effective date, except as otherwise 

provided for good cause (5 U.S.C. 

553(d)(3)). We received no substantive 

comments on the proposed waiver and 

extension of project period, and we have 

not made any substantive changes to the 

proposed waiver and extension of 

project period. The Secretary has made 

a determination to waive the delayed 

effective date to ensure there is no lapse 

in the parent training and information 

services currently provided by the 

CPRCs. 

Regulatory Flexibility Act Certification 

The Secretary certifies that this 

waiver and extension of the project 

period will not have a significant 

economic impact on a substantial 

number of small entities. 

The only entities that will be affected 

by this waiver and extension of the 

project period are the current grantees 

receiving Federal funds and any other 

potential applicants. 

The Secretary certifies that this 

waiver and final extension will not have 

a significant economic impact on these 

entities because the extension of 

existing project periods imposes 

minimal compliance costs, and the 

activities required to support the 

additional year of funding will not 

impose additional regulatory burdens or 

require unnecessary Federal 

supervision. 

Paperwork Reduction Act of 1995 

This notice of final waiver and 

extension of the project period does not 

contain any information collection 

requirements. 

Intergovernmental Review 

This program is subject to Executive 

Order 12372 and the regulations in 34 

CFR part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. This 

document provides early notification of 

our specific plans and actions for this 

program. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 


Lhorne on DSK2VPTVN1PROD with RULES
26832 Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: May 5, 2015. 

Sue Swenson, 

Acting Assistant Secretary for Special 

Education and Rehabilitative Services. 

[FR Doc. 2015–11307 Filed 5–8–15; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 402 

[Docket No. FWS–R9–ES–2011–0080; 

NOAA–120106024–5048–02; FF09E–31000– 

156–FXES–1122–0900000] 

RIN 1018–AX85; 0648–BB81 

Interagency Cooperation—Endangered 

Species Act of 1973, as Amended; 

Incidental Take Statements 

AGENCY: Fish and Wildlife Service, 

Interior; National Marine Fisheries 

Service, National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service and the National 

Marine Fisheries Service (collectively, 

the Services), are amending the 

incidental take statement provisions of 

the implementing regulations for section 

7 of the Endangered Species Act of 

1973, as amended (ESA). The two 

primary purposes of the amendments 

are to address the use of surrogates to 

express the amount or extent of 

anticipated incidental take and to refine 

the basis for development of incidental 

take statements for programmatic 

actions. These changes are intended to 

improve the clarity and effectiveness of 

incidental take statements. The Services 

believe these regulatory changes are a 

reasonable exercise of their discretion in 

interpreting particularly challenging 

aspects of section 7 of the ESA related 

to incidental take statements. 

DATES: This final rule is effective on 

June 10, 2015. 

ADDRESSES: This final rule is available 

on the internet at http://

www.regulations.gov at Docket No. 

FWS–R9–ES–2011–0080. Comments 

and materials we received on the 

proposed rule, as well as supporting 

documentation we used in preparing 

this rule, are available for public 

inspection at http://

www.regulations.gov. The comments, 

materials, and documentation that we 

considered in this rulemaking are also 

available by appointment, during 

normal business hours at: U.S. Fish and 

Wildlife Service, Headquarters office, 

5275 Leesburg Pike, Falls Church, 

Virginia 22041, (703) 358–2171, (703) 

358–1800 (facsimile); National Marine 

Fisheries Service, Headquarters office, 

1315 East-West Highway, Silver Spring, 

Maryland 20910, (301) 427–8405, (301) 

713–0376 (facsimile). 

FOR FURTHER INFORMATION CONTACT: 

Craig Aubrey, Chief, Division of 

Environmental Review, U.S. Fish and 

Wildlife Service, Department of the 

Interior, Washington, DC 20240 

(telephone: 703–358–2171); or Cathryn 

E. Tortorici, Chief, Endangered Species 

Act Interagency Cooperation Division, 

Office of Protected Resources, National 

Marine Fisheries Service, National 

Oceanic and Atmospheric 

Administration, Department of 

Commerce, Washington, DC (telephone: 

301–427–8400). Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 9 of the ESA prohibits the 

take of fish or wildlife species listed as 

endangered with certain exceptions. 

Pursuant to section 4(d) of the ESA, the 

Services may prohibit the take of fish or 

wildlife species listed as threatened. 

Under section 3 of 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.’’ Section 7 of the ESA 

provides for the exemption of incidental 

take of listed fish or wildlife species 

caused by Federal agency actions that 

the Services have found to be consistent 

with the provisions of section 7(a)(2). 

The Services jointly administer the ESA 

via regulations set forth in the Code of 

Federal Regulations (CFR). This rule 

deals with regulations found in title 50 

of the CFR at part 402. 

Under 50 CFR 402.14, Federal 

agencies must review their actions at the 

earliest possible time to determine 

whether any action may affect species 

listed under the ESA or their designated 

critical habitat. If such a determination 

is made, formal consultation with the 

appropriate Service is required, unless 

one of the exceptions outlined at 

§ 402.14(b) applies. Within 45 days after 

concluding formal consultation, the 

Service delivers a biological opinion to 

the Federal agency and any applicant. 

The biological opinion states the 

opinion of the Service as to whether or 

not the Federal action is likely to 

jeopardize the continued existence of 

listed species or result in the 

destruction or adverse modification of 

their critical habitat. If a proposed 

action is reasonably certain to cause 

incidental take of a listed species, the 

Services, under 50 CFR 402.14(i), issue 

along with the biological opinion an 

incidental take statement that specifies, 

among other requirements: The impact 

of such incidental taking on the listed 

species; measures considered necessary 

or appropriate to minimize the impact 

of such take; terms and conditions 

(including reporting requirements) that 

implement the specified measures; and 

procedures to be used for handling or 

disposing of individuals that are taken. 

The current regulations at 

§ 402.14(i)(1)(i) require the Services to 

express the impact of such incidental 

taking of the species in terms of amount 

or extent. The preamble to the final rule 

that set forth the current regulations 

discusses the use of a precise number of 

individuals or a description of the land 

or marine area affected to express the 

amount or extent of anticipated take, 

respectively (51 FR 19954, June 3, 

1986). 

Court decisions rendered over the last 

decade regarding the adequacy of 

incidental take statements have 

prompted the Services to clarify two 

aspects of the regulations addressing 

incidental take statements: (1) The use 

of surrogates to express the amount or 

extent of anticipated incidental take, 

including circumstances where project 

impacts to the surrogate are coextensive 

with at least one aspect of the project’s 

scope; and (2) the circumstances under 

which providing an incidental take 

statement with a biological opinion on 

a programmatic action is appropriate. 

Through this final rule, the Services 

are establishing prospective standards 

regarding incidental take statements. 

Consistent with the regulatory language 

set forth in the proposed rule, we are 

clarifying that the Services formulate an 

incidental take statement if such take is 

reasonably certain to occur. Nothing in 


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