20434 Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Rules and Regulations

Registration Division at the address

provided above.

There were no comments or requests

for referral to an advisory committee

received in response to the proposed

rule.

The data submitted with the proposal

and other relevant material have been

evaluated and discussed in the

proposed rule. Based on the data and

information considered, the Agency

concludes that the tolerance will protect

the public health. Therefore, the

tolerance is established as set forth

below.

Any person adversely affected by this

regulation may, within 30 days after

publication of this document in the

Federal Register, file written objections

and/or request a hearing with the

Hearing Clerk, at the address given

above (40 CFR 178.20). A copy of the

objections and/or hearing requests filed

with the Hearing Clerk should be

submitted to the OPP docket for this

rulemaking. The objections submitted

must specify the provisions of the

regulation deemed objectionable and the

grounds for the objections (40 CFR

178.25). Each objection must be

accompanied by the fee prescribed by

40 CFR 180.33(i). If a hearing is

requested, the objections must include a

statement of the factual issue(s) on

which a hearing is requested, the

requestor’s contentions on such issues,

and a summary of any evidence relied

upon by the objector (40 CFR 178.27). A

request for a hearing will be granted if

the Administrator determines that the

material submitted shows the following:

There is a genuine and substantial issue

of fact; there is a reasonable possibility

that available evidence identified by the

requestor would, if established, resolve

one or more of such issues in favor of

the requestor, taking into account

uncontested claims or facts to the

contrary; and resolution of the factual

issue(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

Under Executive Order 12866 (58 FR

51735, Oct. 4, 1993), the Agency must

determine whether the regulatory action

is ‘‘significant’’ and therefore subject to

review by the Office of Management and

Budget (OMB) and the requirements of

the Executive Order. Under section 3(f),

the order defines a ‘‘significant

regulatory action’’ as an action that is

likely to result in a rule (1) having an

annual effect on the economy of $100

million or more, or adversely and

materially affecting a sector of the

economy, productivity, competition,

jobs, the environment, public health or

safety, or State, local, or tribal

governments or communities (also

referred to as ‘‘economically

significant’’); (2) creating serious

inconsistency or otherwise interfering

with an action taken or planned by

another agency; (3) materially altering

the budgetary impacts of entitlement,

grants, user fees, or loan programs or the

rights and obligations of recipients

thereof; or (4) raising novel legal or

policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in this Executive

Order.

Pursuant to the terms of the Executive

Order, EPA has determined that this

rule is not ‘‘significant’’ and is therefore

not subject to OMB review.

Pursuant to the requirements of the

Regulatory Flexibility Act (Pub. L. 96-

354, 94 Stat. 1164, 5 U.S.C. 601-612),

the Administrator has determined that

regulations establishing new tolerances

or raising tolerance levels or

establishing exemptions from tolerance

requirements do not have a significant

economic impact on a substantial

number of small entities. A certification

statement to this effect was published in

the Federal Register of May 4, 1981 (46

FR 24950).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: April 13, 1995.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR part 180 is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. In § 180.222, paragraph (b) is

amended in the table therein by adding

and alphabetically inserting a new

entry, to read as follows:

§ 180.222 Prometryn; tolerances for

residues.

* * * * *

Commodity Parts per

million

* * * * *

Parsley ...................................... 0.1

[FR Doc. 95–10254 Filed 4–26–95; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 501

Organization and Delegation of Powers

and Duties

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Final rule.

SUMMARY: This document amends the

organization and delegation of powers

and duties within NHTSA to delegate to

the Chief Counsel the authority to

compromise civil penalties in an

amount of $25,000 or less for violations

of the former National Traffic and Motor

Vehicle Safety Act and the former Motor

Vehicle Information and Cost Savings

Act. The Chief Counsel had previously

been delegated the authority to

compromise such penalties for $10,000

or less.

EFFECTIVE DATE: April 26, 1995.

FOR FURTHER INFORMATION CONTACT:

Taylor Vinson, Office of Chief Counsel,

NHTSA, 400 Seventh Street SW.,

Washington, DC 20590 (202–366–5263).

SUPPLEMENTARY INFORMATION: The

Administrator and Chief Counsel of

NHTSA have reviewed the agency’s

existing policy and procedures for

processing civil penalty proceedings

arising out of apparent violations of 49

U.S.C. Chapter 301, ‘‘Motor Vehicle

Safety’’ (formerly the National Traffic

and Motor Vehicle Safety Act), and have

decided that the delegated authority of

the Chief Counsel to compromise civil

penalties for $10,000 or less should be

increased to $25,000. Experience has

shown that it is neither necessary nor

appropriate to involve the

Administrator in relatively minor

matters that have historically been

resolved for less than $25,000.

Under 49 CFR 501.8(d)(2), the Chief

Counsel has also been delegated

compromise authority with respect to

violations of ‘‘the Motor Vehicle

Information and Cost Savings Act, as

amended (15 U.S.C. 1901 et seq.).’’ That

statute has been recodified as 49 U.S.C.

Chapters 305, 321, 323, 325, 327, 329,

and 331.

Accordingly, the delegation authority

to the Chief Counsel is also being

amended to reflect the new

recodification. Amendments of other

sections of 49 CFR part 501 reflecting

the recodification will be made at a later

date.
Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Rules and Regulations 20435

Effective Date

The amendments to part 501 relate

solely to internal administrative

procedures and have no substantive

effect. Thus, they are not covered by the

notice and comment or the effective

date provisions of the Administrative

Procedure Act. In addition, they are not

covered by Executive Order 12866 or

DOT’s Regulatory Policies and

Procedures. Notice and the opportunity

for comment are, therefore, not required,

and the amendments may be made

effective upon publication in the

Federal Register.

List of Subjects in 49 CFR Part 501

Administrative practice and

procedure, Motor vehicles, Motor

vehicle safety.

PART 501—ORGANIZATION AND

DELEGATION OF POWERS AND

DUTIES

In consideration of the foregoing, 49

CFR part 501 is amended as follows:

1. The authority citation for part 501

continues to read as follows:

Authority: 49 U.S.C. 105, 322; delegation

of authority at 49 CFR 1.50.

2. Section 501.8 is amended by

revising paragraph (d)(2) to read as

follows:

§ 501.8 Delegations.

* * * * *

(d) Chief counsel. * * *

(2) Establish the legal sufficiency of

all investigations conducted under the

authority of 49 U.S.C. Chapters 301,

305, 321, 323, 325, 327, 329, and 331,

and to compromise any civil penalty or

monetary settlement in an amount of

$25,000 or less resulting from a

violation of those Chapters.

Issued on: April 20, 1995.

Ricardo Martinez,

Administrator.

[FR Doc. 95–10185 Filed 4–25–95; 8:45 am]

BILLING CODE 4910–59–P