15682 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations

proposed amendment (administrative

record No. UT–1007).

3. Environmental Protection Agency

(EPA) Concurrence and Comments

Pursuant to 30 CFR 732.17(h)(11)(ii),

OSM is required to solicit the written

concurrence of EPA with respect to

those provisions of the proposed

program amendment that relate to air or

water quality standards promulgated

under the authority of the Clean Water

Act (33 U.S.C. 1251 et seq.) or the Clean

Air Act (42 U.S.C. 7401 et seq.). None

of the revisions that Utah proposed to

make in its amendment pertain to air or

water quality standards. Therefore, OSM

did not request EPA’s concurrence.

Pursuant to 30 CFR 732.17(h)(11)(i),

OSM solicited comments on the

proposed amendment from EPA

(administrative record Nos. UT–972 and

UT–1008). It responded on September

29, 1994, and February 1, 1995

(administrative record Nos. UT–975 and

UT–1017), that it had no comments on

the amendment and that it believed

there would be no impacts to water

quality standards promulgated under

authority of the Clean Water Act, as

amended (33 U.S.C. 1251 et seq.).

4. State Historic Preservation Officer

(SHPO)

Pursuant to 30 CFR 732.17(h)(4), OSM

solicited comments on the proposed

amendment from the SHPO

(administrative record Nos. UT–972 and

UT–1008). The SHPO did not respond

to OSM’s requests.

V. Director’s Decision

Based on the above finding, the

Director approves Utah’s proposed

amendment as submitted on September

9, 1994, and as revised by it and

supplemented with additional

explanatory information on January 5,

1995.

The Director approves Utah Admin.

R. 645–203–200, concerning the

confidentiality of coal exploration

information, and removes 30 CFR

944.16(a), which required Utah to revise

this rule. The Director approves the rule

as proposed by Utah with the provision

that it be fully promulgated in identical

form to the rule submitted to and

reviewed by OSM and the public.

The Federal regulations at 30 CFR

part 944, codifying decisions concerning

the Utah program, are being amended to

implement this decision. This final rule

is being made effective immediately to

expedite the State program amendment

process and to encourage States to bring

their programs into conformity with the

Federal standards without undue delay.

Consistency of State and Federal

standards is required by SMCRA.

VI. Procedural Determinations

1. Executive Order 12866

This final rule is exempted from

review by the Office of Management and

Budget (OMB) under Executive Order

12886 (Regulatory Planning and

Review).

2. Executive Order 12778

The Department of the Interior has

conducted the reviews required by

section 2 of Executive Order 12778

(Civil Justice Reform) and has

determined that this rule meets the

applicable standards of subsections (a)

and (b) of that section. However, these

standards are not applicable to the

actual language of State regulatory

programs and program amendments

since each such program is drafted and

promulgated by a specific State, not by

OSM. Under sections 503 and 505 of

SMCRA (30 U.S.C. 1253 and 1255) and

the Federal regulations at 30 CFR

730.11, 732.15, and 732.17(h)(10),

decisions on proposed State regulatory

programs and program amendments

submitted by the States must be based

solely on a determination of whether the

submittal is consistent with SMCRA and

its implementing Federal regulations

and whether the other requirements of

30 CFR parts 730, 731, and 732 have

been met.

3. National Environmental Policy Act

No environmental impact statement is

required for this rule since section

702(d) of SMCRA (30 U.S.C. 1292(d))

provides that agency decisions on

proposed State regulatory program

provisions do not constitute major

Federal actions within the meaning of

section 102(2)(C) of the National

Environmental Policy Act of 1969 (42

U.S.C. 4332(2)(C)).

4. Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

5. Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The State submittal

that is the subject of this rule is based

upon counterpart Federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart Federal regulations.

List of Subjects in 30 CFR Part 944

Intergovernmental relations, Surface

mining, Underground mining.

Dated: March 20, 1995.

Charles E. Sandberg,

Acting Assistant Director, Western Support

Center.

For the reasons set out in the

preamble, title 30, chapter VII,

subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 944—UTAH

1. The authority citation for part 944

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 944.15 is amended by

adding paragraph (cc) to read as follows:

§ 944.15 Approval of amendments to State

regulatory program.

* * * * *

(cc) Revisions to Utah Admin. R. 645–

203–200, confidentiality of coal

exploration information, as submitted to

OSM on September 9, 1994, and as

revised and supplemented with

additional explanatory information on

January 5, 1995, are approved effective

March 27, 1995.

§ 944.16 [Amended]

3. Section 944.16 is amended by

removing and reserving paragraph (a).

[FR Doc. 95–7436 Filed 3–24–95; 8:45 am]

BILLING CODE 4310–05–M

SELECTIVE SERVICE SYSTEM

32 CFR Part 1690

Selective Service Regulations; Post

Employment Conflict of Interest

AGENCY: Selective Service System.

ACTION: Fianl rule.

SUMMARY: 32 CFR part 1690—Post

Employment Conflict of Interest is being

removed from the Code of Federal

Regulations because it has been made

obsolete by the revocation of 5 CFR part

737 and the issuance by the United

States Office of Government Ethics of 5
Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations 15683

CFR part 2641—Post-Employment

Conflict of Interest Restrictions.

EFFECTIVE DATE: March 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Henry N. Williams, General Counsel,

Selective Service System, 1515 Wilson

Blvd., Arlington, VA 22209–2425.

Phone (703) 235–2050.

SUPPLEMENTARY INFORMATION:

Administrative Procedure Act

Pursuant to 5 U.S.C. 553 (b) and (d),

I find good cause exists for waiving the

general notice of proposed rulemaking

and 30-day delay in effectiveness as to

this rule. The notice and delayed

effective date are being waived because

the removal of 32 CFR part 1690 is

indicated by 1 CFR part 8 because it is

obsolete.

Executive Order 12866

In promulgating this rule, I have

adhered to the regulatory philosophy

and the applicable principles of

regulation set forth in section 1 of

Executive Order 12866, Regulatory

Planning and Review. This amendment

has not been reviewed by the Office of

Management and Budget under that

Executive order, as it is not deemed

‘‘significant’’ thereunder.

Regulatory Flexibility Act

I certify under the Regulatory

Flexibility Act (5 U.S.C. chapter 6) that

this rulemaking will not have a

significant economic impact on a

substantial number of small entities.

Paperwork Reduction Act

The Paperwork Reduction Act (44

U.S.C. chapter 35) does not apply

because this rulemaking does not

contain information collection

requirements that require the approval

of the Office of Management and

Budget.

List of Subjects in 32 CFR Part 1690

Conflict of interests, Government

employees.

Dated: March 16, 1995.

Gil Coronado,

Director of Selective Service.

PART 1690—[REMOVED AND

RESERVED]

For the reasons set out in the

preamble, and under the authority of

Title V, sec. 501(a), Pub. L. 95–521, as

amended, 92 Stat. 1864; and secs. 1 and

2, Pub. L. 96–28, 93 Stat. 76 (18 U.S.C.

207); and 5 CFR part 737, part 1690 is

removed and reserved.

[FR Doc. 95–7217 Filed 3–24–95; 8:45 am]

BILLING CODE 8015–01–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 180 and 186

[PP 1F3952, PP 1F3985, PP 2F4100, and

FAP 1H5607/R2120; FRL–4945–8]

RIN 2070–AB78

Lambda-Cyhalothrin; Pesticide

Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule establishes

tolerances for residues of the synthetic

pyrethroid lambda-cyhalothrin in or on

the raw agricultural commodities

(RACs) tomatoes, cabbage, broccoli,

head lettuce, dry bulb onion, and garlic

and in or on the processed food/feed

tomato pomaces. Zeneca, Inc., requested

this regulation to establish maximum

permissible levels for residues of the

insecticide.

EFFECTIVE DATE: This regulation

becomes effective March 27, 1995.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [PP 1F3952,

PP 1F3985, PP 2F4100, and FAP

1H5607/R2120], may be submitted to:

Hearing Clerk (1900), Environmental

Protection Agency, Rm. M3708, 401 M

St., SW., Washington, DC 20460. 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. Fees accompanying

objections shall be labeled ‘‘Tolerance

Petition Fees’’ and forwarded to: EPA

Headquarters Accounting Operations

Branch, OPP (Tolerance Fees), P.O. Box

360277M, Pittsburgh, PA 15251.

FOR FURTHER INFORMATION CONTACT: By

mail: George T. LaRocca, Product

Manager (PM) 13, Registration Division

(7505C), Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location and telephone number:

Second Floor, Crystal Mall #2, 1921

Jefferson Davis Highway, Arlington, VA

22202, (703)-305-6100; e-mail:

LaRocca.George@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued notices, published in the Federal

Registers of April 3, 1991 (56 FR 13642),

December 13, 1991 (56 FR 65080), and

June 10, 1992 (57 FR 24644), which

announced that Zeneca, Inc., (formerly

ICI Americas, Inc.), 1800 Concord Pike,

Wilmington, DE 19897, had submitted

pesticide petitions (PPs) 1F3952,

1F3985, 2F4100 and food/feed additive

petition (FAP) 1H5607 to EPA

requesting that the Administrator,

pursuant to sections 408(d) and 409(b)

of the Federal Food, Drug, and Cosmetic

Act (FFDCA), 21 U.S.C. 346a(d) and

348(b), establish tolerances for residues

of the insecticide lambda-cyhalothrin

[1-α-(S),3-2-α-(Z)]-(±)-cyano-(3-

phenoxyphenyl)methyl 3-(2-chloro3,3,3-trifluoro-1-propenyl)-2,2-

dimethylcyclopropanecarboxylate] in or

on the raw agricultural commodities

(RACs) tomatoes at 0.06 part per million

(ppm); cabbage at 0.4 ppm; broccoli at

0.4 ppm; lettuce (head) fresh, with

wrapper leaves at 2.0 ppm; lettuce

(head) fresh, without wrapper leaves at

0.3 ppm; dry bulb onions and garlic at

0.1 ppm; tomato pomaces (wet) at 0.6

ppm; and tomato pomaces (dry) at 4.0

ppm. EPA considers lettuce with

wrapper leaves as the raw agricultural

commodity not without wrapper leaves.

Therefore, a proposed tolerance of 2.0

ppm for lettuce (head) is the correct

commodity definition for tolerance

purposes.

On June 29, 1994, Zeneca, Inc.,

requested that certain petitions be

amended by increasing the proposed

tolerances for the RAC tomatoes (PP

1F3952) to 0.1 and by deleting the

proposed tolerance on wet tomato

pomace (1H5607) since there is no

distinction between wet and dry

pomace, and increasing the proposed

feed additive tolerance to 6.0 ppm for

tomato pomaces. (See the Federal

Register of August 24, 1994 (59 FR

43580).)

Currently, tolerances for lambdacyhalothrin have been established as

combined residues of parent and its

epimer without expressing the chemical

identification of the epimer since an

analytical method to distinguish parent

from epimer was not available at the

time. There are now validated methods

to distinguish parent from epimer, and

the tolerances will now be expressed as

the combined residues of lambdacyhalothrin and its epimer. In addition,

EPA has concluded that although the

Chemical Abstract Services (CAS)

names for lambda-cyhalothrin and its

epimer are more compact, to a chemist

the structures are more easily derived

from the IUPAC names. Therefore, the

IUPAC nomenclature will replace the

CAS names in this and future

regulations for lambda-cyhalothrin. The