Partial withdrawal of REG-157712-02

Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Proposed Rules
production. The representative sample
shall consist of primary containers of
product or unit packages of product. If
any coliform organisms are detected,
followup testing must be conducted to
determine whether any of the coliform
organisms are E. coli.
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PART 165—BEVERAGES
4. The authority citation for 21 CFR
part 165 continues to read as follows:
Authority: 21 U.S.C. 321, 341, 343, 343–1,
348, 349, 371, 379e.

5. Section 165.110 is amended by
revising paragraphs (b)(2), (c)(1), and (d)
to read as follows:
§ 165.110

Bottled water.

pwalker on PROD1PC71 with PROPOSALS

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(b) * * *
(2) Microbiological quality.
(i) Bottled water shall, when a sample
consisting of analytical units of equal
volume is examined by the methods
described in paragraph (b)(2)(ii) of this
section, meet the following standards of
microbiological quality:
(A) Total coliform.
(1) Multiple-tube fermentation (MTF)
method. Not more than one of the
analytical units in the sample shall have
a most probable number (MPN) of 2.2 or
more coliform organisms per 100
milliliters and no analytical unit shall
have an MPN of 9.2 or more coliform
organisms per 100 milliliters; or
(2) Membrane filter (MF) method. Not
more than one of the analytical units in
the sample shall have 4.0 or more
coliform organisms per 100 milliliters
and the arithmetic mean of the coliform
density of the sample shall not exceed
one coliform organism per 100
milliliters.
(B) E. coli. No E. coli shall be
detected. If E. coli is present, then the
bottled water will be deemed
adulterated under paragraph (d) of this
section.
(ii) Analyses conducted to determine
compliance with paragraphs (b)(2)(i)(A)
and (b)(2)(i)(B) of this section and
§ 129.35(a)(3)(i) of this chapter shall be
made in accordance with the multipletube fermentation (MTF) or the
membrane filter (MF) method described
in the applicable sections of ‘‘Standard
Methods for the Examination of Water
and Wastewater,’’ 20th Ed. (1998),
American Public Health Association.
The Director of the Federal Register
approves this incorporation by reference
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. You may obtain a copy
from the American Public Health
Association, 800 I St. NW., Washington,
DC 20001. You may inspect a copy at

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17:08 Sep 16, 2008

Jkt 214001

the Center for Food Safety and Applied
Nutrition’s Library, 5100 Paint Branch
Pkwy., College Park, MD 20740, or at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: http://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
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(c) * * *
(1) ‘‘Contains Excessive Bacteria’’ if
the bottled water fails to meet the
requirements of paragraph (b)(2)(i)(A) of
this section.
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(d) Adulteration. Bottled water
containing a substance at a level
considered injurious to health under
section 402(a)(1) of the act, or that
consists in whole or in part of any
filthy, putrid, or decomposed substance,
or that is otherwise unfit for food under
section 402(a)(3) of the act is deemed to
be adulterated, regardless of whether or
not the water bears a label statement of
substandard quality prescribed by
paragraph (c) of this section. If E. coli is
present in bottled water, then the
bottled water will be deemed
adulterated under section 402(a)(3) of
the act.
Dated: September 10, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and
Planning.
[FR Doc. E8–21619 Filed 9–16–08; 8:45 am]
BILLING CODE 4160–01–S

DEPARTMENT OF THE TREASURY
Internal Revenue Service

53793

SUPPLEMENTARY INFORMATION:

Background and Explanation of
Provisions
On January 23, 2007, the IRS and
Treasury Department published a notice
of proposed rulemaking in the Federal
Register (72 FR 2964) under § 1.1502–36
(Unified Loss Rule). The proposed
regulations provided rules under
§ 1.1502–13(e)(4) that would suspend
the application of section 362(e)(2) in
the case of intercompany transactions.
The proposed regulations also provided
rules under § 1.1502–32(c)(1)(ii) relating
to the treatment of items attributable to
property transferred in an intercompany
section 362(e)(2) transaction.
After consideration of the comments
received responding to the notice of
proposed rulemaking, the IRS and
Treasury Department have concluded
that the proposed rules would not be
promulgated and, instead, that final
regulations would make section
362(e)(2) generally inapplicable to
intercompany transactions.
Accordingly, §§ 1.1502–13(e)(4) and
1.1502–32(c)(1)(ii) of the proposed
regulations are hereby withdrawn.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Partial Withdrawal of Proposed
Regulations
Accordingly, under the authority of
26 U.S.C. 7805, proposed §§ 1.1502–
13(e)(4) and 1.1502–32(c)(1)(ii)
published in the Federal Register on
January 23, 2007 are withdrawn.
Linda E. Stiff,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. E8–21005 Filed 9–9–08; 4:15 pm]
BILLING CODE 4830–01–P

26 CFR Part 1
RIN 1545–BB67

DEPARTMENT OF THE INTERIOR

[REG–157711–02]

Unified Rule for Loss on Subsidiary
Stock
Internal Revenue Service (IRS),
Treasury.
ACTION: Partial withdrawal of notice of
proposed rulemaking.
AGENCY:

This document withdraws
proposed regulations relating to the
application of section 362(e)(2) to
intercompany transactions and to
certain modifications to the investment
adjustment rules.
FOR FURTHER INFORMATION CONTACT:
Marcie P. Barese, (202) 622–7790 (not a
toll-free number).
SUMMARY:

PO 00000

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Minerals Management Service
30 CFR Part 250
[Docket ID: MMS–2008–OMM–0023]
RIN 1010–AD50

Technical Changes to Production
Measurement and Training
Requirements
Minerals Management Service
(MMS), Interior.
ACTION: Proposed rule.
AGENCY:

SUMMARY: This proposed rule would
revise the production measurement
regulations to establish meter proving,

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