80_FR_26920 80 FR 26830 - Final Waiver and Extension of the Project Period; Community Parent Resource Centers

80 FR 26830 - Final Waiver and Extension of the Project Period; Community Parent Resource Centers

DEPARTMENT OF EDUCATION

Federal Register Volume 80, Issue 90 (May 11, 2015)

Page Range26830-26832
FR Document2015-11307

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.

Federal Register, Volume 80 Issue 90 (Monday, May 11, 2015)
[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Rules and Regulations]
[Pages 26830-26832]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11307]


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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

[[Page 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.thefederalregister.org/fdsys. At this site you can view this document, as well 
as all other documents of this Department

[[Page 26832]]

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



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

                                           and recordkeeping requirements, Trade                       The revisions read as follows:                    DEPARTMENT OF EDUCATION
                                           agreements (North American Free Trade
                                           Agreement).                                             Appendix to Part 181—Rules of Origin                  34 CFR Chapter III
                                                                                                   Regulations
                                           Amendment to the Regulations                                                                                  Final Waiver and Extension of the
                                                                                                   *      *     *       *       *
                                             For the reasons stated above, part 181                PART II                                               Project Period; Community Parent
                                           of title 19 of the Code of Federal                                                                            Resource Centers
                                                                                                   *      *     *       *       *
                                           Regulations (19 CFR part 181) is                        SECTION 5. DE MINIMIS                                 [Catalog of Federal Domestic Assistance
                                           amended as set forth below.                                                                                   (CFDA) Number: 84.328C]
                                                                                                   *      *     *       *       *
                                           PART 181—NORTH AMERICAN FREE                            Exceptions                                            AGENCY:  Office of Special Education
                                           TRADE AGREEMENT                                           (4) * * *                                           Programs (OSEP), Office of Special
                                                                                                     (i) a non-originating material that is used         Education and Rehabilitative Services,
                                           ■ 1. The general and specific authority                 in the production of any non-portable gas             Department of Education.
                                           citations for part 181 continue to read as              stoves or ranges of subheading 7321.11 or
                                                                                                                                                         ACTION: Final waiver and extension of
                                           follows:                                                7321.19, subheadings 8415.10, 8415.20
                                                                                                   through 8415.83, 8418.10 through 8418.21,             the project period.
                                            Authority: 19 U.S.C. 66, 1202 (General                 household type refrigerators, other than
                                           Note 3(i), Harmonized Tariff Schedule of the                                                                  SUMMARY:   For the nine currently funded
                                                                                                   electrical absorption type of subheading
                                           United States), 1624, 3314.                                                                                   Community Parent Resource Centers
                                                                                                   8418.29, subheadings 8418.30 through
                                           *      *       *    *      *                            8418.40, 8421.12, 8422.11, 8450.11 through
                                                                                                                                                         (CPRCs), the Secretary waives the
                                           ■  2. In the Appendix to part 181:                      8450.20 and 8451.21 through 8451.29 and               requirements that generally prohibit
                                           ■  a. Part II, Section 5, under the heading             tariff items 8479.89.55 (trash compactors)            project periods exceeding five years and
                                           ‘‘Exceptions,’’ subsection 4(i) is revised;             and 8516.60.40 (electric stoves or ranges);           extensions of project periods involving
                                           ■ b. Part III, Section 6, under the                                                                           the obligation of additional Federal
                                                                                                   *      *     *       *       *                        funds. This waiver and extension of the
                                           heading ‘‘Net Cost Method Required in                   PART VI
                                           Certain Circumstances,’’ subsection                                                                           project period enables these nine CPRCs
                                                                                                   SECTION 16. TRANSSHIPMENT
                                           (6)(d)(iv) is amended by removing                                                                             to receive funding from October 1, 2015,
                                           ‘‘subheading 8469.11’’ and adding in its                *      *     *       *       *                        through September 30, 2016. Further,
                                                                                                   Exceptions for Certain Goods                          the waiver and extension of the project
                                           place ‘‘heading 8469’’;
                                                                                                     (3) Subsection (1) does not apply with              period mean that we will not announce
                                           ■ c. Part VI, Section 16, under the
                                                                                                   respect to:
                                           heading ‘‘Exceptions for Certain                                                                              a new competition or make new awards
                                                                                                     (a) a ‘‘smart card’’ of subheading 8523.52,
                                           Goods,’’ subsection (3) is revised;                     containing a single integrated circuit, where
                                                                                                                                                         in fiscal year (FY) 2015.
                                           ■ d. In Schedule IV:                                    any further production or other operation             DATES: The waiver and extension of the
                                           ■ i. Remove the listing ‘‘8407.34.05,                   that that good undergoes outside the                  project period are effective May 11,
                                           8407.34.15 and 8407.34.25’’ and add in                  territories of the NAFTA countries does not           2015.
                                           its place the listing ‘‘8407.34.05,                     result in a change in the tariff classification       FOR FURTHER INFORMATION CONTACT:
                                           8407.34.14, 8407.34.18 and 8407.34.25’’;                of the good to any other subheading;
                                           ■ ii. Remove the listing ‘‘8407.34.35,
                                                                                                                                                         Carmen Sanchez, U.S. Department of
                                                                                                     (b) a good of any of subheadings 8541.10
                                           8407.34.45 and 8407.34.55’’ and add in                                                                        Education, 400 Maryland Avenue SW.,
                                                                                                   through 8541.60 or subheadings 8542.31
                                           its place the listing ‘‘8407.34.35,                     through 8542.39, where any further
                                                                                                                                                         Room 4057, Potomac Center Plaza,
                                           8407.34.44, 8407.34.48 and 8407.34.55’’;                production or other operation that that good          Washington, DC 20202–2600.
                                           ■ iii. Remove the listing ‘‘8519.93’’ and               undergoes outside the territories of the              Telephone: (202) 245–6595.
                                           add in its place the listing ‘‘ex 8519.81’’;            NAFTA countries does not result in a change              If you use a telecommunications
                                           ■ iv. Remove the listing ‘‘8708.29.10 ’’;               in the tariff classification of the good to a         device for the deaf or a text telephone,
                                           ■ v. Remove the listing ‘‘8708.29.20’’                  subheading outside subheadings 8541.10                call the Federal Relay Service, toll free,
                                           and add in its place the listing                        through 8542.90;                                      at 1–800–877–8339.
                                           ‘‘8708.29.21 and 8708.29.25’’;                            (c) an electronic microassembly of                  SUPPLEMENTARY INFORMATION: On March
                                           ■ vi. Remove the listing ‘‘8708.39’’ and                subheading 8543.70, where any further                 9, 2015, we published a notice in the
                                           add in its place the listing ‘‘8708.30’’;               production or other operation that that good          Federal Register (78 FR 46860)
                                           ■ vii. Remove the listing ‘‘8708.60’’;                  undergoes outside the territories of the              proposing an extension of project period
                                           ■ viii. Add in numerical order the
                                                                                                   NAFTA countries does not result in a change           and a waiver of 34 CFR 75.250 and
                                                                                                   in the tariff classification of the good to any       75.261(a) and (c)(2) in order to—
                                           listing ‘‘8708.95’’;
                                                                                                   other subheading; or
                                           ■ ix. Remove the listing ‘‘8708.99.09,                                                                           (1) Enable the Secretary to provide
                                                                                                     (d) an electronic microassembly of
                                           8708.99.34 and 8708.99.61’’;                                                                                  additional funds to the currently funded
                                                                                                   subheading 8548.90, where any further
                                           ■ x. Remove the listing ‘‘8708.99.12,                                                                         CPRCs for an additional 12-month
                                                                                                   production or other operation that that good
                                           8708.99.37 and 8708.99.64’’;                            undergoes outside the territories of the              project period, from October 1, 2015,
                                           ■ xi. Remove the listing ‘‘8708.99.15,                                                                        through September 30, 2016; and
                                                                                                   NAFTA countries does not result in a change
                                           8708.99.40 and 8708.99.67’’ and add in                  in the tariff classification of the good to any          (2) Request comments on the
                                           its place the listing ‘‘8708.99.16,                     other subheading.                                     proposed extension of project period
                                           8708.99.41 and 8708.99.68’’;                                                                                  and waiver.
                                                                                                   *      *     *       *       *
                                           ■ xii. Remove the listing ‘‘8708.99.18,                                                                          There are no substantive differences
                                           8708.99.43 and 8708.99.70’’;                            R. Gil Kerlikowske,                                   between the proposed waiver and
                                           ■ xiii. Remove the listing ‘‘8708.99.21,                                                                      extension and the final waiver and
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                                                                                                   Commissioner.
                                           8708.99.46 and 8708.99.73’’;                              Approved: May 5, 2015.                              extension.
                                           ■ xiv. Remove the listing ‘‘8708.99.24,
                                           8708.99.49 and 8708.99.80; and                          Timothy E. Skud,                                      Public Comment
                                           ■ xv. Add in numerical order the listing                Deputy Assistant Secretary of the Treasury.             In response to our invitation in the
                                           ‘‘8708.99.23, 8708.99.48 and                            [FR Doc. 2015–11291 Filed 5–8–15; 8:45 am]            notice of proposed waiver and extension
                                           8708.99.81’’.                                           BILLING CODE 9111–14–P                                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,                    New Mexico; Palau Parents Empowered                   not made any substantive changes to the
                                           we do not address comments that raise                   in Palau; Philadelphia HUNE, Inc. in                  proposed waiver and extension of
                                           concerns not directly related to the                    Pennsylvania; and Children’s                          project period. The Secretary has made
                                           proposed waiver and extension of                        Disabilities Information Coalition in                 a determination to waive the delayed
                                           project period.                                         Texas.                                                effective date to ensure there is no lapse
                                                                                                      The 2010 CPRC cohort’s current                     in the parent training and information
                                           Background                                              project period is scheduled to end on                 services currently provided by the
                                              On May 3, 2010, the Department of                    September 30, 2015. We do not believe                 CPRCs.
                                           Education (Department) published in                     that it would be in the public interest to
                                           the Federal Register (75 FR 23254) a                    run a competition for new CPRCs this                  Regulatory Flexibility Act Certification
                                           notice inviting applications (2010 NIA)                 year because the Department is in the                    The Secretary certifies that this
                                           for new awards for FY 2010 for up to 10                 process of changing the competition                   waiver and extension of the project
                                           CPRCs. The CPRCs are funded under the                   schedule for the PTI Program to make                  period will not have a significant
                                           Parent Training and Information (PTI)                   better use of Department resources.                   economic impact on a substantial
                                           Program, authorized under sections 672                     Under the proposed CPRC                            number of small entities.
                                           and 673 of the Individuals with                         competition schedule, instead of                         The only entities that will be affected
                                           Disabilities Education Act (IDEA).                      holding three competitions over five                  by this waiver and extension of the
                                              The purpose of CPRCs is to provide                   years, each for 10 CPRCs, we would                    project period are the current grantees
                                           underserved parents of children with                    hold one competition for 30 CPRCs that                receiving Federal funds and any other
                                           disabilities in targeted communities—                   will each have a project period of up to              potential applicants.
                                           including low-income parents, parents                   five years. We propose to hold this                      The Secretary certifies that this
                                           of limited English proficient children,                 competition and fund 30 CPRCs in FY                   waiver and final extension will not have
                                           and parents with disabilities—with the                  2016. We also have concluded that it                  a significant economic impact on these
                                           training and information they need to                   would be contrary to the public interest              entities because the extension of
                                           enable them to participate cooperatively                to provide services to fewer underserved              existing project periods imposes
                                           and effectively in helping their children               families in order to change the                       minimal compliance costs, and the
                                           with disabilities to—                                   Department’s competition schedule.                    activities required to support the
                                              (1) Meet developmental and                              For these reasons, the Secretary                   additional year of funding will not
                                           functional goals, as well as challenging                waives the requirements in 34 CFR                     impose additional regulatory burdens or
                                           academic achievement standards that                     75.250, which prohibit project periods                require unnecessary Federal
                                           have been established for all children;                 exceeding five years, as well as the                  supervision.
                                           and                                                     requirements in 34 CFR 75.261(a) and
                                              (2) Be prepared to lead the most                     (c)(2), which allow the extension of a                Paperwork Reduction Act of 1995
                                           productive, independent adult lives                     project period only if the extension does               This notice of final waiver and
                                           possible.                                               not involve the obligation of additional              extension of the project period does not
                                              The CPRCs provide training and                       Federal funds. The waiver allows the                  contain any information collection
                                           information to parents of infants,                      Department to issue FY 2015                           requirements.
                                           toddlers, and children, from birth                      continuation awards of $100,000 to each
                                           through age 26, with the full range of                                                                        Intergovernmental Review
                                                                                                   of the nine centers in the FY 2010
                                           disabilities described in section 602(3)                cohort.                                                  This program is subject to Executive
                                           of IDEA by: (a) Responding to                              Any activities carried out during the              Order 12372 and the regulations in 34
                                           individual requests for information and                 12-month period of this continuation                  CFR part 79. One of the objectives of the
                                           support from parents of children with                   award will have to be consistent with,                Executive order is to foster an
                                           disabilities, including parents of                      or a logical extension of, the scope,                 intergovernmental partnership and a
                                           children who may be inappropriately                     goals, and objectives of the grantee’s                strengthened federalism. The Executive
                                           identified in their targeted communities;               application as approved in the FY 2010                order relies on processes developed by
                                           (b) providing training to parents of                    CPRC competition. The requirements                    State and local governments for
                                           children with disabilities; (c) supporting              applicable to continuation awards for                 coordination and review of proposed
                                           parents of children with disabilities, as               this competition set forth in the 2010                Federal financial assistance. This
                                           needed, such as helping them to prepare                 NIA and the requirements in 34 CFR                    document provides early notification of
                                           for individualized education program or                 75.253 will apply to any continuation                 our specific plans and actions for this
                                           individualized family service plan                      awards sought by the current CPRC                     program.
                                           meetings; and (d) maintaining a Web                     grantees. We will base our decisions                     Accessible Format: Individuals with
                                           site and social media presence, as                      regarding continuation awards on the                  disabilities can obtain this document in
                                           appropriate, to inform parents in their                 program narratives, budgets, budget                   an accessible format (e.g., braille, large
                                           targeted communities of appropriate                     narratives, and program performance                   print, audiotape, or compact disc) on
                                           resources.                                              reports submitted by the current                      request to the contact person listed
                                              Based on the selection criteria in the               grantees, and the requirements in 34                  under FOR FURTHER INFORMATION
                                           2010 NIA, the Department made awards                    CFR 75.253.                                           CONTACT.
                                           for a period of 60 months each to 10                                                                             Electronic Access to This Document:
                                           organizations, nine of which have                       Waiver of Delayed Effective Date                      The official version of this document is
                                           received FY 2014 continuation funding:                     The Administrative Procedure Act                   the document published in the Federal
                                           Fiesta Educativa in California; Parent to               requires that a substantive rule must be              Register. Free Internet access to the
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                                           Parent of Miami, Inc. in Florida; Agenda                published at least 30 days before its                 official edition of the Federal Register
                                           for Children/Pyramid Parent Training in                 effective date, except as otherwise                   and the Code of Federal Regulations is
                                           Louisiana; Urban PRIDE in                               provided for good cause (5 U.S.C.                     available via the Federal Digital System
                                           Massachusetts; SPEAKS Education, Inc.                   553(d)(3)). We received no substantive                at: www.gpo.gov/fdsys. At this site you
                                           in Michigan; Education for Parents of                   comments on the proposed waiver and                   can view this document, as well as all
                                           Indian Children with Special Needs in                   extension of project period, and we have              other documents of this Department


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                                           26832               Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations

                                           published in the Federal Register, in                   aspects of section 7 of the ESA related                  Under 50 CFR 402.14, Federal
                                           text or Adobe Portable Document                         to incidental take statements.                        agencies must review their actions at the
                                           Format (PDF). To use PDF you must                       DATES: This final rule is effective on                earliest possible time to determine
                                           have Adobe Acrobat Reader, which is                     June 10, 2015.                                        whether any action may affect species
                                           available free at the site.                                                                                   listed under the ESA or their designated
                                                                                                   ADDRESSES: This final rule is available               critical habitat. If such a determination
                                             You may also access documents of the
                                           Department published in the Federal                     on the internet at http://                            is made, formal consultation with the
                                           Register by using the article search                    www.regulations.gov at Docket No.                     appropriate Service is required, unless
                                           feature at: www.federalregister.gov.                    FWS–R9–ES–2011–0080. Comments                         one of the exceptions outlined at
                                           Specifically, through the advanced                      and materials we received on the                      § 402.14(b) applies. Within 45 days after
                                           search feature at this site, you can limit              proposed rule, as well as supporting                  concluding formal consultation, the
                                           your search to documents published by                   documentation we used in preparing                    Service delivers a biological opinion to
                                           the Department.                                         this rule, are available for public                   the Federal agency and any applicant.
                                                                                                   inspection at http://                                 The biological opinion states the
                                             Dated: May 5, 2015.                                   www.regulations.gov. The comments,                    opinion of the Service as to whether or
                                           Sue Swenson,                                            materials, and documentation that we                  not the Federal action is likely to
                                           Acting Assistant Secretary for Special                  considered in this rulemaking are also                jeopardize the continued existence of
                                           Education and Rehabilitative Services.                  available by appointment, during                      listed species or result in the
                                           [FR Doc. 2015–11307 Filed 5–8–15; 8:45 am]              normal business hours at: U.S. Fish and               destruction or adverse modification of
                                           BILLING CODE 4000–01–P                                  Wildlife Service, Headquarters office,                their critical habitat. If a proposed
                                                                                                   5275 Leesburg Pike, Falls Church,                     action is reasonably certain to cause
                                                                                                   Virginia 22041, (703) 358–2171, (703)                 incidental take of a listed species, the
                                           DEPARTMENT OF THE INTERIOR                              358–1800 (facsimile); National Marine                 Services, under 50 CFR 402.14(i), issue
                                                                                                   Fisheries Service, Headquarters office,               along with the biological opinion an
                                           Fish and Wildlife Service                               1315 East-West Highway, Silver Spring,                incidental take statement that specifies,
                                                                                                   Maryland 20910, (301) 427–8405, (301)                 among other requirements: The impact
                                           DEPARTMENT OF COMMERCE                                  713–0376 (facsimile).                                 of such incidental taking on the listed
                                                                                                   FOR FURTHER INFORMATION CONTACT:                      species; measures considered necessary
                                           National Oceanic and Atmospheric                        Craig Aubrey, Chief, Division of                      or appropriate to minimize the impact
                                           Administration                                          Environmental Review, U.S. Fish and                   of such take; terms and conditions
                                                                                                   Wildlife Service, Department of the                   (including reporting requirements) that
                                           50 CFR Part 402                                         Interior, Washington, DC 20240                        implement the specified measures; and
                                                                                                   (telephone: 703–358–2171); or Cathryn                 procedures to be used for handling or
                                           [Docket No. FWS–R9–ES–2011–0080;                                                                              disposing of individuals that are taken.
                                           NOAA–120106024–5048–02; FF09E–31000–
                                                                                                   E. Tortorici, Chief, Endangered Species
                                                                                                   Act Interagency Cooperation Division,                    The current regulations at
                                           156–FXES–1122–0900000]                                                                                        § 402.14(i)(1)(i) require the Services to
                                                                                                   Office of Protected Resources, National
                                           RIN 1018–AX85; 0648–BB81                                Marine Fisheries Service, National                    express the impact of such incidental
                                                                                                   Oceanic and Atmospheric                               taking of the species in terms of amount
                                           Interagency Cooperation—Endangered                      Administration, Department of                         or extent. The preamble to the final rule
                                           Species Act of 1973, as Amended;                        Commerce, Washington, DC (telephone:                  that set forth the current regulations
                                           Incidental Take Statements                              301–427–8400). Persons who use a                      discusses the use of a precise number of
                                                                                                   telecommunications device for the deaf                individuals or a description of the land
                                           AGENCY:   Fish and Wildlife Service,                                                                          or marine area affected to express the
                                           Interior; National Marine Fisheries                     (TDD) may call the Federal Information
                                                                                                   Relay Service (FIRS) at 800–877–8339.                 amount or extent of anticipated take,
                                           Service, National Oceanic and                                                                                 respectively (51 FR 19954, June 3,
                                           Atmospheric Administration,                             SUPPLEMENTARY INFORMATION:                            1986).
                                           Commerce.                                               Background                                               Court decisions rendered over the last
                                           ACTION: Final rule.                                                                                           decade regarding the adequacy of
                                                                                                      Section 9 of the ESA prohibits the                 incidental take statements have
                                           SUMMARY:   We, the U.S. Fish and                        take of fish or wildlife species listed as            prompted the Services to clarify two
                                           Wildlife Service and the National                       endangered with certain exceptions.                   aspects of the regulations addressing
                                           Marine Fisheries Service (collectively,                 Pursuant to section 4(d) of the ESA, the              incidental take statements: (1) The use
                                           the Services), are amending the                         Services may prohibit the take of fish or             of surrogates to express the amount or
                                           incidental take statement provisions of                 wildlife species listed as threatened.                extent of anticipated incidental take,
                                           the implementing regulations for section                Under section 3 of the ESA, the term                  including circumstances where project
                                           7 of the Endangered Species Act of                      ‘‘take’’ means to ‘‘harass, harm, pursue,             impacts to the surrogate are coextensive
                                           1973, as amended (ESA). The two                         hunt, shoot, wound, kill, trap, capture,              with at least one aspect of the project’s
                                           primary purposes of the amendments                      or collect, or to attempt to engage in any            scope; and (2) the circumstances under
                                           are to address the use of surrogates to                 such conduct.’’ Section 7 of the ESA                  which providing an incidental take
                                           express the amount or extent of                         provides for the exemption of incidental              statement with a biological opinion on
                                           anticipated incidental take and to refine               take of listed fish or wildlife species               a programmatic action is appropriate.
                                           the basis for development of incidental                 caused by Federal agency actions that                    Through this final rule, the Services
                                           take statements for programmatic                        the Services have found to be consistent              are establishing prospective standards
Lhorne on DSK2VPTVN1PROD with RULES




                                           actions. These changes are intended to                  with the provisions of section 7(a)(2).               regarding incidental take statements.
                                           improve the clarity and effectiveness of                The Services jointly administer the ESA               Consistent with the regulatory language
                                           incidental take statements. The Services                via regulations set forth in the Code of              set forth in the proposed rule, we are
                                           believe these regulatory changes are a                  Federal Regulations (CFR). This rule                  clarifying that the Services formulate an
                                           reasonable exercise of their discretion in              deals with regulations found in title 50              incidental take statement if such take is
                                           interpreting particularly challenging                   of the CFR at part 402.                               reasonably certain to occur. Nothing in


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Document Created: 2018-02-21 10:26:00
Document Modified: 2018-02-21 10:26:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal waiver and extension of the project period.
DatesThe waiver and extension of the project period are effective May 11, 2015.
ContactCarmen Sanchez, U.S. Department of Education, 400 Maryland Avenue SW., Room 4057, Potomac Center Plaza, Washington, DC 20202-2600. Telephone: (202) 245-6595.
FR Citation80 FR 26830 

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