Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28355

b. In § 186.1250, by revising

paragraph (a) and removing paragraph

(b) and designating it as reserved, as

follows:

§ 186.1250 Cyfluthrin.

(a) A time-limited tolerance, to expire

on November 15, 1997, is established for

residues of the insecticide cyfluthrin

(cyano(4-fluoro-3-

phenoxyphenyl)methyl-3-(2,2-

dichloroethenyl)-2,2-

dimethylcyclopropanecarboxylate) in or

on the following feed commodities:

Commodity Parts per

million

Expiration

date

Cottonseed,

hulls ............... 2.0 Nov. 15,

1997.

Tomato, pomace

(dry and wet) . 5.0 Do.

(b) [Reserved]

* * * * *

[FR Doc. 95–13261 Filed 5–30–95; 8:45 am]

BILLING CODE 6560–50–F

CORPORATION FOR NATIONAL AND

COMMUNITY SERVICE

45 CFR Part 2544

RIN 3045–AA13

Solicitation and Acceptance of

Donated Property and Services.

AGENCY: Corporation for National and

Community Service.

ACTION: Final rule.

SUMMARY: The Corporation for National

Service (the Corporation) is issuing

uniform rules and regulations regarding

the solicitation and acceptance or

rejection of property and services.

Pursuant to the National and

Community Service Act of 1990, as

amended, the Corporation has the

authority to solicit and accept

donations. The Corporation is adopting

these rules and regulations to eliminate

the possibility of confusion for

individuals who wish to donate

property or services to the Corporation.

In addition, the Corporation wants to

insure that no situations arise involving

a real or apparent conflict of interest

with respect to a donation or an

individual or group who offers a

donation.

EFFECTIVE DATE: May 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Stewart Davis, Office of the General

Counsel, The Corporation for National

Service, 1201 New York Ave. NW.,

Washington DC, 20525. (202) 606–5000

x. 265.

SUPPLEMENTARY INFORMATION: The

Corporation published in the Federal

Register on April 7, 1995 (60 FR 17761)

a notice of proposed rule making on the

Solicitation and Acceptance of Donated

Property and Services. The proposed

rule established uniform rules and

regulations regarding the solicitation

and acceptance or rejection of property

and services. The Corporation did not

receive any comments in response to the

April 7, 1995, notice. Accordingly, the

Corporation is submitting the

regulations as a Final Rule.

Miscellaneous Requirements

The Corporation has determined that

this is not a ‘‘significant regulatory

action’’ within the meaning of Executive

Order 12866 and accordingly this rule

has not been reviewed by the Office of

Management and Budget. This rule will

not have a substantial impact on a

significant number of small entities,

thus a regulatory flexibility analysis has

not been prepared pursuant to the

Regulatory Flexibility Act, 5 U.S.C. 601

et seq. Because this rule does not

involve collection of information or

impose record keeping requirements,

the Paperwork Reduction Act of 1980

does not apply. The Corporation has

determined that this rule does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment pursuant to Executive Order

12612. In addition, the Corporation has

determined that implementation of this

action will not have any significant

impact on the quality of the human

environment pursuant to the National

Environmental Policy Act.

List of Subjects in 45 CFR Part 2544

Administrative practice and

procedure, Gifts to government,

Government property.

Dated: May 24, 1995.

Terry Russell,

General Counsel, Corporation for National

Service.

Accordingly, as set forth in the

preamble, the Corporation amends title

45, chapter XXV of the Code of Federal

Regulations by adding part 2544 to read

as follows:

PART 2544—SOLICITATION AND

ACCEPTANCE OF DONATIONS

Sec.

2544.100 What is the purpose of this part?

2544.105 What is the legal authority for

soliciting and accepting donations to the

Corporation?

2544.110 What definitions apply to terms

used in this part?

2544.115 Who may offer a donation?

2544.120 What personal services from a

volunteer may be solicited and accepted?

2544.125 Who has the authority to solicit

and accept or reject a donation?

2544.130 How will the Corporation

determine whether to solicit or accept a

donation?

2544.135 How should an offer of a donation

be made?

2544.140 How will the Corporation accept

or reject an offer?

2544.145 What will be done with property

that is not accepted?

2544.150 How will accepted donations be

recorded and used?

Authority: 42 U.S.C. 12501 et seq.

§ 2544.100 What is the purpose of this

part?

This part establishes rules to ensure

that the solicitation, acceptance,

holding, administration, and use of

property and services donated to the

Corporation:

(a) Will not reflect unfavorably upon

the ability of the Corporation or its

officers and employees, to carry out

their official duties and responsibilities

in a fair and objective manner; and

(b) Will not compromise the integrity

of the Corporation’s programs or its

officers and employees involved in such

programs.

§ 2544.105 What is the legal authority for

soliciting and accepting donations to the

Corporation?

Section 196(a) of the National and

Community Service Act of 1990, as

amended (42 U.S.C. 12651g(a)).

§ 2544.110 What definitions apply to terms

used in this part?

(a) Donation means a transfer of

money, property, or services to or for

the use of the Corporation by gift,

devise, bequest, or other means.

(b) Solicitation means a request for a

donation.

(c) Volunteer means an individual

who donates his/her personal service to

the Corporation to assist the Corporation

in carrying out its duties under the

national service laws, but who is not a

participant in a program funded or

sponsored by the Corporation under the

National and Community Service Act of

1990, as amended. Such individual is

not subject to provisions of law related

to Federal employment, including those

relating to hours of work, rates of

compensation, leave, unemployment

compensation and Federal employee

benefits, except that—

(1) Volunteers will be considered

Federal employees for the purpose of

the tort claims provisions of 28 U.S.C.

chapter 171;
28356 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations

(2) Volunteers will be considered

Federal employees for the purposes of 5

U.S.C. chapter 81, subchapter I, relating

to compensation to Federal employees

for work injuries; and

(3) Volunteers will be considered

special Government employees for the

purpose of ethics and public integrity

under the provisions of 18 U.S.C.

chapter 11, part I, and 5 CFR chapter

XVI, subchapter B.

(d) Inherently governmental function

means any activity that is so intimately

related to the public interest as to

mandate performance by an officer or

employee of the Federal Government,

including an activity that requires either

the exercise of discretion in applying

the authority of the Government or the

use of value judgment in making a

decision for the Government.

§ 2544.115 Who may offer a donation?

Anyone, including an individual,

group of individuals, organization,

corporation, or association may offer a

donation to the Corporation.

§ 2544.120 What personal services from a

volunteer may be solicited and accepted?

A donation in the form of personal

services from a volunteer may be

solicited and accepted to assist the

Corporation in carrying out its duties.

However, volunteers may not perform

an inherently governmental function.

§ 2544.125 Who has the authority to solicit

and accept or reject a donation?

The Chief Executive Officer (CEO) of

the Corporation has the authority to

solicit, accept, or reject a donation

offered to the Corporation and to make

the determinations described in

§ 2544.130 (c) and (d). The CEO may

delegate this authority in writing to

other officials of the Corporation.

§ 2544.130 How will the Corporation

determine whether to solicit or accept a

donation?

(a) The Corporation will solicit and

accept a donation only for the purpose

of furthering the mission and goals of

the Corporation.

(b) In order to be accepted, the

donation must be economically

advantageous to the Corporation,

considering foreseeable expenditures for

matters such as storage, transportation,

maintenance, and distribution.

(c) An official or employee of the

Corporation will not solicit or accept a

donation if the solicitation or

acceptance would present a real or

apparent conflict of interest. An

apparent conflict of interest is presented

if the solicitation or acceptance would

raise a question in the mind of a

reasonable person, with knowledge of

the relevant facts, about the integrity of

the Corporation’s programs or

operations.

(d) The Corporation will determine

whether a conflict of interest exists by

considering any business relationship,

financial interest, litigation, or other

factors that may indicate such a conflict.

Donations of property or voluntary

services may not be solicited or

accepted from a source which:

(1) Is a party to a grant or contract

with the Corporation or is seeking to do

business with the Corporation;

(2) Has pecuniary interests that may

be substantially affected by performance

or nonperformance of the Corporation;

or

(3) Is an organization a majority of

whose members are described in

paragraphs (d)(1) and (2) of this section.

(e) Any solicitation or offer of a

donation that raises a question or

concern of a potential, real, or apparent

conflict of interest will be forwarded to

the Corporation’s Designated Ethics

Official for an opinion.

§ 2544.135 How should an offer of a

donation be made?

(a) In general, an offer of donation

should be made by providing a letter of

tender that offers a donation. The letter

should be directed to an official

authorized to accept donations, describe

the property or service offered, and

specify any purpose for, or condition

on, the use of the donation.

(b) If an offer is made orally, the

Corporation will send a letter of

acknowledgment to the offeror. If the

donor is anonymous, the Corporation

will prepare a memorandum to the file

acknowledging receipt of a tendered

donation and describing the donation

including any special terms or

conditions.

(c) Only those employees or officials

with expressed notice of authority may

accept donations on behalf of the

Corporation. If an offer is directed to an

unauthorized employee or official of the

Corporation, that person must

immediately forward the offer to an

appropriate official for disposition.

§ 2544.140 How will the Corporation

accept or reject an offer?

(a) In general, the Corporation will

respond to an offer of a donation in

writing and include in the response:

(1) An acknowledgment of receipt of

the offer;

(2) A brief description of the offer and

any purpose or condition that the

offeror specified for the use of the

donation;

(3) A statement either accepting or

rejecting the donation; and

(4) A statement informing the donor

that any acceptance of services or

property can not be used in any manner,

directly or indirectly, that endorses the

donor’s products or services or appears

to benefit the financial interests or

business goals of the donor.

(b) If a purpose or condition for the

use of the donation specified by the

offeror can not be accommodated, the

Corporation may request the offeror to

modify the terms of the donation.

§ 2544.145 What will be done with property

that is not accepted?

In general, property offered to the

Corporation but not accepted will be

returned to the offeror. If the offeror is

unknown or the donation would spoil if

returned, the property will either be

disposed of in accordance with Federal

Property Management regulations (41

CFR chapter 101) or given to local

charities determined by the Corporation.

§ 2544.150 How will accepted donations be

recorded and used?

(a) All accepted donations of money

and other property will be reported to

the Chief Financial Officer (CFO) of the

Corporation for recording and

appropriate disposition.

(b) All donations of personal services

of a volunteer will be reported to the

CFO and to the Personnel Division of

the Corporation for processing and

documentation.

(c) Donations not designated for a

particular purpose will be used for an

authorized purpose described in

§ 2544.125.

(d) Property will be used as nearly as

possible in accordance with the terms of

the donation. If no terms are specified,

or the property can no longer be used

for its original purpose, the property

will be converted to another authorized

use or sold in accordance with Federal

regulations. The proceeds of the sale

will be used for an authorized purpose

described in § 2544.125.

[FR Doc. 95–13236 Filed 5–30–95; 8:45 am]

BILLING CODE 6050–28–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 94–142; RM–8546]

Radio Broadcasting Services;

Knoxville, IL

AGENCY: Federal Communications

Commission.

ACTION: Final rule; correction.

SUMMARY: This document contains a

correction to the final regulation