Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28353

and by amending the table therein by

revising the entry for sugar beet

molasses, to read as follows:

§ 186.2800 2-[1-(Ethoxyimino)butyl]-5-[2-

(ethylthio)propyl]-3-hydroxy-2-cyclohexen1-one.

Tolerances are established for the

combined residues of the herbicide 2-[1-

(ethoxyimino)butyl]-5-[2-

(ethylthio)propyl]-3-hydroxy-2-

cyclohexen-1-one and its metabolites

containing the 2-cyclohexen-1-one

moiety (calculated as the herbicide) in

or on the following commodities:

Food Parts per

million

* * * * *

Sugar beet molasses ................ 10.0

* * * * *

[FR Doc. 95–13247 Filed 5–30–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Parts 180, 185, and 186

[PP 9F3731 and FAP 9H5574/R2139; FRL–

4955–9]

RIN 2070–AB78

Cyfluthrin; Pesticide Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes

time-limited tolerances, with an

expiration date of November 15, 1997,

for residues of the synthetic pyrethroid

cyfluthrin in or on the raw agricultural

commodities (RAC’s) tomatoes; carrots;

peppers; radishes; meat, fat, and meat

byproducts of cattle, goats, hogs, horses,

poultry, and sheep; milkfat; and eggs

and in the food/feed additive

commodities tomato, pomace (dry and

wet) and tomato concentrated products.

Bayer Corp., Agricultural Division

(formerly Miles Corp., Animal

Products), requested the tolerances and

regulations pursuant to the Federal

Food, Drug and Cosmetic Act (FFDCA).

The tolerances and regulations establish

maximum permissible levels for

residues of the pesticide in or on the

commodities.

EFFECTIVE DATE: This regulation

becomes effective May 31, 1995.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [PP 9F3731

and FAP 9H5574/R2139], may be

submitted to: Hearing Clerk (1900),

Environmental Protection Agency, Rm.

M3708, 401 M St., SW., Washington, DC

20460. Fees accompanying objections

and hearing requests shall be labeled

‘‘Tolerance Petition Fees’’ and

forwarded to: EPA Headquarters

Accounting Operations Branch, OPP

(Tolerance Fees), P.O. Box 360277M,

Pittsburgh, PA 15251. A copy of any

objections and hearing requests filed

with the Hearing Clerk should be

identified by the document control

number and submitted to: Public

Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460. In

person, bring copy of objections and

hearing requests to: Rm. 1132, CM #2,

1921 Jefferson Davis Hwy., Arlington,

VA 22202.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

objections and hearing requests must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Copies of objections and

hearing requests will also be accepted

on disks in WordPerfect in 5.1 file

format or ASCII file format. All copies

of objections and hearing requests in

electronic form must be identified by

the docket number [PP 9F3731 and FAP

9H5574/R2139]. No Confidential

Business Information (CBI) should be

submitted through e-mail. Electronic

copies of objections and hearing

requests on this rule may be filed online

at many Federal Depository Libraries.

Additional information on electronic

submissions can be found below in this

document.

FOR FURTHER INFORMATION CONTACT: By

mail: George T. LaRocca, Product

Manager (PM 13), Registration Division

(7505C), Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location and telephone

number: Rm. 204, CM #2, 1921 Jefferson

Davis Hwy., Arlington, VA 22202, (703)-

305-6100; e-mail:

larocca.george@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of April 12, 1995 (60

FR 18561), EPA issued a proposed rule

that gave notice that pesticide petition

(PP) 9H5574 submitted to EPA under

section 408(d) of the FFDCA proposed

to amend 40 CFR 180.436 by

establishing time-limited tolerances for

residues of the insecticide cyfluthrin,

cyano(4-fluoro-3-phenoxyphenyl)-

methyl-3-(2,2-dichloroethenyl)-2,2-

dimethylcyclopropanecarboxylate, in or

on the RAC’s tomatoes at 0.20 part per

million (ppm); carrots at 0.20 ppm;

peppers at 0.50 ppm; radishes at 1.00

ppm; meat, fat, and meat byproducts of

cattle, goats, hogs, horses, and sheep at

0.40 ppm; meat, fat, and meat

byproducts of poultry at 0.01 ppm;

milkfat (reflecting 0.08 ppm in whole

milk) at 2.50 ppm; and eggs at 0.01 ppm;

and pursuant to food/feed additive

petition (FAP) 9H5574 submitted to

EPA under section 409(e) of the FFDCA,

EPA proposed to amend 40 CFR

185.1250 to establish a time-limited

food additive regulation for tomato,

concentrated products at 0.5 ppm and to

amend 40 CFR 186.1250 to establish a

time-limited feed additive regulation for

tomato, pomace (dry and wet) at 5.0

ppm.

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, food

additive regulation, and animal feed

regulation will protect the public health.

Therefore, the tolerance, food additive

regulation, and animal feed regulation

are established as set forth below.

Any person adversely affected by

these regulations 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
28354 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations

issue(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

A record has been established for this

rulemaking under docket number [PP

9F3731 and FAP 9H5574/R2139]

(including any objections and hearing

requests submitted electronically as

described below). A public version of

this record, including printed, paper

versions of electronic comments, which

does not include any information

claimed as CBI, is available for

inspection from 8 a.m. to 4:30 p.m.,

Monday through Friday, excluding legal

holidays. The public record is located in

Room 1132 of the Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, Crystal Mall #2,

1921 Jefferson Davis Highway,

Arlington, VA.

Written objections and hearing

requests, identified by the document

control number [PP 9F3731 and FAP

9H5574/R2139], may be submitted to

the Hearing Clerk (1900), Environmental

Protection Agency, Rm. 3708, 401 M St.,

SW., Washington, DC 20460.

A copy of electronic objections and

hearing requests filed with the Hearing

Clerk can be sent directly to EPA at:

opp-Docket@epamail.epa.gov

A copy of electronic objections and

hearing requests filed with the Hearing

Clerk must be submitted as an ASCII file

avoiding the use of special characters

and any form of encryption.

The official record for this

rulemaking, as well as the public

version, as described above will be kept

in paper form. Accordingly, EPA will

transfer any objections and hearing

requests received electronically into

printed, paper form as they are received

and will place the paper copies in the

official rulemaking record which will

also include all objections and hearing

requests submitted directly in writing.

The official rulemaking record is the

paper record maintained at the address

in ADDRESSES at the beginning of this

document.

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 Parts 180,

185, and 186

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Feed

additives, Food additives, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: May 19, 1995.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, chapter I of title 40 of the

Code of Federal Regulations is amended

as follows:

PART 180—[AMENDED]

1. In part 180:

a. The authority citation for part 180

continues to read as follows:

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

b. By amending § 180.436 by revising

the table therein, to read as follows:

§ 180.436 Cyfluthrin; tolerances for

residues

* * * * *

Commodity Parts per

million Expiration date

Carrots ............. 0.20 Nov. 15, 1997.

Commodity Parts per

million Expiration date

Cattle, fat ......... 0.40 Do.

Cattle, meat ..... 0.40 Do.

Cattle, mbyp .... 0.40 Do.

Cottonseed ...... 1.0 Do.

Eggs ................ 0.01 Do.

Goats, fat ......... 0.40 Do.

Goats, meat ..... 0.40 Do.

Goats, mbyp .... 0.40 Do.

Hogs, fat .......... 0.40 Do.

Hogs, meat ...... 0.40 Do.

Hogs, mbyp ..... 0.40 Do.

Hops, fresh ...... 4.0 None.

Horses, fat ....... 0.40 Nov. 15, 1997.

Horses, meat ... 0.40 Do.

Horses, mbyp .. 0.40 Do.

Milkfat (reflecting 0.08 ppm

in whole milk).

2.50 Do.

Peppers ........... 0.50 Do.

Poultry, fat ....... 0.01 Do.

Poultry, meat ... 0.01 Do.

Poultry, mbyp .. 0.01 Do.

Radishes ......... 1.00 Do.

Sheep, fat ........ 0.40 Do.

Sheep, meat .... 0.40 Do.

Sheep, mbyp ... 0.40 Do.

Tomato ............ 0.20 Do.

PART 185—[AMENDED]

2. In part 185:

a. The authority citation for part 185

continues to read as follows:

Authority: 21 U.S.C. 346a and 348.

b. In § 185.1250, by revising

paragraph (a) and removing paragraph

(b) and designating it as reserved, as

follows:

§ 185.1250 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 food commodities:

Commodity Parts per

million Expiration date

Cottonseed oil . 2.0 Nov. 15, 1997.

Tomato, concentrated

products.

0.5 Do.

(b) [Reserved]

* * * * *

PART 186—[AMENDED]

3. In part 186:

a. The authority citation for part 186

continues to read as follows:

Authority: 21 U.S.C. 348.
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;