Procedures Governing the Acceptance of Service of Process Upon the Office of the Director of National Intelligence and Its Employees in Their Official, Individual or Combined Official and Individual Capacities, 11478-11479 [E9-5758]
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Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Rules and Regulations
particularity the provisions of the
regulation to which objection is made
and the grounds for the objection. Each
numbered objection on which a hearing
is requested shall specifically so state.
Failure to request a hearing for any
particular objection shall constitute a
waiver of the right to a hearing on that
objection. Each numbered objection for
which a hearing is requested shall
include a detailed description and
analysis of the specific factual
information intended to be presented in
support of the objection in the event
that a hearing is held. Failure to include
such a description and analysis for any
particular objection shall constitute a
waiver of the right to a hearing on the
objection. Three copies of all documents
are to be submitted and are to be
identified with the docket number
found in brackets in the heading of this
document. Any objections received in
response to the regulation may be seen
in the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday
through Friday.
IX. References
The following references have been
placed on display in the Division of
Dockets Management (see ADDRESSES)
and may be seen by interested persons
between 9 a.m. and 4 p.m., Monday
through Friday.
1. Memorandum from D. Doell, Division of
Petition Review, CFSAN, FDA to M.
Honigfort, Division of Petition Review,
CFSAN, FDA, June 14, 2005.
2. FDA, Inventory of Effective Food
Contact Substance (FCS) Notifications, Food
Contact Substance Notification Number 351
(https://www.cfsan.fda.gov/~dms/opafcn.html).
3. Environmental Protection Agency,
Integrated Risk Information System: Nitrate
(CASRN 14797–55–8) (https://www.epa.gov/
ncea/iris/subst/0076.htm). (FDA has verified
the Web site address, but FDA is not
responsible for any subsequent changes to
the Web site after this document publishes in
the Federal Register).
List of Subjects in 21 CFR Part 172
Food additives, Incorporation by
reference, Reporting and recordkeeping
requirements.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Director, Center for Food Safety and
Applied Nutrition, 21 CFR part 172 is
amended as follows:
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■
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PART 172—FOOD ADDITIVES
PERMITTED FOR DIRECT ADDITION
TO FOOD FOR HUMAN
CONSUMPTION
1. The authority citation for 21 CFR
part 172 continues to read as follows:
■
Authority: 21 U.S.C. 321, 341, 342, 348,
371, 379e.
2. Section 172.167 is added to subpart
B to read as follows:
■
§ 172.167 Silver nitrate and hydrogen
peroxide solution.
An aqueous solution containing a
mixture of silver nitrate and hydrogen
peroxide may be safely used in
accordance with the following
prescribed conditions:
(a) The additive is used as an
antimicrobial agent in bottled water.
(b) Hydrogen peroxide meets the
specifications of the ‘‘Food Chemicals
Codex,’’ 6th ed. (2008), pp. 463 and 464,
which is incorporated by reference. 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 copies
from the United States Pharmacopeial
Convention, 12601 Twinbrook Pkwy.,
Rockville, MD 20852 (Internet address
https://www.usp.org). Copies may be
examined at the Center for Food Safety
and Applied Nutrition’s Library, Food
and Drug Administration, 5100 Paint
Branch Pkwy., College Park, MD 20740,
301–436–2163, 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: https://www.
archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
(c) The amount of silver added will
not exceed 17 micrograms per kilogram
in the treated bottled water, and the
amount of hydrogen peroxide will not
exceed 23 milligrams per kilogram in
the treated bottled water. Analyses for
silver and hydrogen peroxide shall be
conducted on samples of treated bottled
water at the site of bottling, using
samples of the water intended for
treatment for the blank determination.
(d)(1) The amount of silver in the
treated bottled water is determined
using the method for silver designated
in 21 CFR 165.110(b)(4)(iii)(G)(2)(i).
(2) The amount of hydrogen peroxide
in the treated bottled water is
determined using a Hydrogen Peroxide
Test Kit from the HACH Co., or
equivalent. The manual from the
Hydrogen Peroxide Test Kit, Model
HYP–1, Catalog Number 22917–00,
1991, is incorporated by reference. The
Director of the Federal Register
approves this incorporation by reference
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in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. You may obtain copies
of the test kit manual from the HACH
Co., P.O. Box 389, Loveland CO, 80359
(1–800–227–4224), Model HYP–1,
Catalog Number 22917–00. Copies may
be examined at the Center for Food
Safety and Applied Nutrition’s Library,
Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD
20740, 301–436–2163, 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: https://
www.archives.gov/federal_register/
code_of_ federal_regulations/
ibr_locations.html.
(e) Substances generally recognized as
safe in or on food may be used to
stabilize the additive to ensure that the
additive will perform its intended
technical effect.
(f) The additive may not be added to
bottled water that has been filtered or is
intended to be filtered through a silvercontaining water filter.
(g) Bottled water must meet the
quality standards for bottled water in
§ 165.110(b)(2) through (b)(5) of this
chapter, including the limits specified
for total silver and nitrate, unless the
water bears a label statement of
substandard quality, as provided for
under § 165.110(c) of this chapter.
Dated: March 12, 2009.
Leslye M. Fraser,
Director, Office of Regulations and Policy,
Center for Food Safety and Applied Nutrition.
[FR Doc. E9–5852 Filed 3–17–09; 8:45 am]
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OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE
32 CFR Part 1702
Procedures Governing the Acceptance
of Service of Process Upon the Office
of the Director of National Intelligence
and Its Employees in Their Official,
Individual or Combined Official and
Individual Capacities
AGENCY: Office of the Director of
National Intelligence.
ACTION: Final rule.
SUMMARY: This final regulation governs
the procedures the ODNI will follow for
the acceptance of service of process
upon the ODNI and its employees in
their official, individual or combined
official and individual capacities.
DATES: Effective Date: March 18, 2009.
FOR FURTHER INFORMATION CONTACT:
Tricia Wellman, 703–275–2527.
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Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Rules and Regulations
The Office
of the Director of National Intelligence
(ODNI) was created by the Intelligence
Reform and Terrorism Prevention Act of
2004, Public Law 108–458, 118 Stat.
3638. The ODNI began operations on
April 22, 2005, the day after the first
Director of National Intelligence took
office. This final regulation establishes
the procedures for acceptance of service
of process upon the ODNI and its
employees.
The ODNI received no comments to
its proposed regulation previously
published on October 17, 2008 (73 FR
61771).
SUPPLEMENTARY INFORMATION:
List of Subjects in 32 CFR Part 1702
Courts, Government employees.
Title 32 of the Code of Federal
Regulations is amended by adding Part
1702 to read as follows:
■
PART 1702—PROCEDURES
GOVERNING THE ACCEPTANCE OF
SERVICE OF PROCESS
Sec.
1702.1 Scope and purpose.
1702.2 Definitions.
1702.3 Procedures governing acceptance of
service of process.
1702.4 Notification to Office of General
Counsel.
1702.5 Interpretation
Authority: The Intelligence Reform and
Terrorism Prevention Act of 2004, Pub. L.
No. 108–458, 118 Stat. 3638 (2004); National
Security Act of 1947, as amended, 50 U.S.C.
§ 401 et seq.; Executive Order 12333, as
amended.
§ 1702.1
Scope and purpose.
This part sets forth the ODNI policy
concerning service of process upon the
ODNI and ODNI employees in their
official, individual or combined official
and individual capacities. This part is
intended to ensure the orderly
execution of ODNI affairs and is not
intended to impede the legal process.
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§ 1702.2
Definitions.
For purposes of this part the following
terms have the following meanings:
DNI. The Director of National
Intelligence.
General Counsel. The ODNI’s General
Counsel, Acting General Counsel or
Deputy General Counsel.
ODNI. The Office of the Director of
National Intelligence and all of its
components, including, but not limited
to, the National Counterintelligence
Executive, the National
Counterterrorism Center, the National
Counterproliferation Center, the
Program Manager for the Information
Sharing Environment, and all national
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intelligence centers and program
managers the DNI may establish.
ODNI Employee. Any current or
former employee, contractor,
independent contractor, assignee or
detailee to the ODNI.
OGC. The Office of the General
Counsel of the ODNI.
Process. A summons, complaint,
subpoena or other document properly
issued by or under the authority of, a
federal, state, local or other government
entity of competent jurisdiction.
§ 1702.3 Procedures governing
acceptance of service of process.
(a) Service of process upon the ODNI
or an ODNI employee in the employee’s
official capacity.
(1) Personal service. Unless otherwise
expressly authorized by the General
Counsel, personal service of process
upon the ODNI or an ODNI employee in
the employee’s official capacity, may be
accepted only by an OGC attorney at
ODNI Headquarters. The OGC attorney
shall write or stamp ‘‘Service Accepted
In Official Capacity Only’’ on the return
of service form.
(2) Mail service. Where service of
process by registered or certified mail is
authorized by law, only an OGC
attorney may accept such service of
process upon the ODNI or an ODNI
employee in the employee’s official
capacity, unless otherwise expressly
authorized by the General Counsel. The
OGC attorney shall write or stamp,
‘‘Service Accepted In Official Capacity
Only,’’ on the waiver of personal service
form. Service of process by mail must be
addressed to the Office of the Director
of National Intelligence, Office of
General Counsel, Washington, DC
20511, and the envelope must be
conspicuously marked ‘‘Service of
Process.’’
(b) Service of process upon an ODNI
employee solely in the employee’s
individual capacity.
(1) Generally. ODNI employees will
not be required to accept service of
process in their purely individual
capacity on ODNI facilities or premises.
(2) Personal Service. Subject to the
sole discretion of the General Counsel,
process servers generally will not be
allowed to enter ODNI facilities or
premises for the purpose of serving
process upon an ODNI employee solely
in the employee’s individual capacity.
Except for the DNI, the Principal Deputy
Director of National Intelligence, and
the Director of the Intelligence Staff, the
OGC is not authorized to accept service
of process on behalf of any ODNI
employee in the employee’s individual
capacity.
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11479
(3) Mail Service. Unless otherwise
expressly authorized by the General
Counsel, ODNI employees are not
authorized to accept or forward mailed
service of process directed to another
ODNI employee in that employee’s
individual capacity. Any such process
will be returned to the sender via
appropriate postal channels.
(c) Service of Process Upon an ODNI
employee in a combined official and
individual capacity. Unless otherwise
expressly authorized by the General
Counsel, service of process, in person or
by mail, upon an ODNI employee in the
employee’s combined official and
individual capacity, may be accepted
only for the ODNI employee in the
employee’s official capacity by an OGC
attorney at ODNI Headquarters. The
OGC attorney shall write or stamp,
‘‘Service Accepted In Official Capacity
Only,’’ on the return of service form.
(d) Acceptance of service of process
shall not constitute an admission or
waiver with respect to jurisdiction,
propriety of service, improper venue or
any other defense in law or equity
available under the laws or rules
applicable to the service of process.
§ 1702.4 Notification to Office of General
Counsel.
An ODNI employee who receives or
has reason to expect to receive, service
of process in an official, individual or
combined individual and official
capacity in a matter that may involve
testimony or the furnishing of
documents that could reasonably be
expected to involve ODNI interests,
shall promptly notify the OGC ((703)
275–2527) prior to responding to the
service in any manner, and if possible,
before accepting service.
§ 1702.5
Interpretation.
Any questions concerning
interpretation of this regulation shall be
referred to the Office of General Counsel
for resolution.
Corin R. Stone,
Acting General Counsel, Office of the Director
of National Intelligence.
[FR Doc. E9–5758 Filed 3–17–09; 8:45 am]
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[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Rules and Regulations]
[Pages 11478-11479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5758]
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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
32 CFR Part 1702
Procedures Governing the Acceptance of Service of Process Upon
the Office of the Director of National Intelligence and Its Employees
in Their Official, Individual or Combined Official and Individual
Capacities
AGENCY: Office of the Director of National Intelligence.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final regulation governs the procedures the ODNI will
follow for the acceptance of service of process upon the ODNI and its
employees in their official, individual or combined official and
individual capacities.
DATES: Effective Date: March 18, 2009.
FOR FURTHER INFORMATION CONTACT: Tricia Wellman, 703-275-2527.
[[Page 11479]]
SUPPLEMENTARY INFORMATION: The Office of the Director of National
Intelligence (ODNI) was created by the Intelligence Reform and
Terrorism Prevention Act of 2004, Public Law 108-458, 118 Stat. 3638.
The ODNI began operations on April 22, 2005, the day after the first
Director of National Intelligence took office. This final regulation
establishes the procedures for acceptance of service of process upon
the ODNI and its employees.
The ODNI received no comments to its proposed regulation previously
published on October 17, 2008 (73 FR 61771).
List of Subjects in 32 CFR Part 1702
Courts, Government employees.
0
Title 32 of the Code of Federal Regulations is amended by adding Part
1702 to read as follows:
PART 1702--PROCEDURES GOVERNING THE ACCEPTANCE OF SERVICE OF
PROCESS
Sec.
1702.1 Scope and purpose.
1702.2 Definitions.
1702.3 Procedures governing acceptance of service of process.
1702.4 Notification to Office of General Counsel.
1702.5 Interpretation
Authority: The Intelligence Reform and Terrorism Prevention Act
of 2004, Pub. L. No. 108-458, 118 Stat. 3638 (2004); National
Security Act of 1947, as amended, 50 U.S.C. Sec. 401 et seq.;
Executive Order 12333, as amended.
Sec. 1702.1 Scope and purpose.
This part sets forth the ODNI policy concerning service of process
upon the ODNI and ODNI employees in their official, individual or
combined official and individual capacities. This part is intended to
ensure the orderly execution of ODNI affairs and is not intended to
impede the legal process.
Sec. 1702.2 Definitions.
For purposes of this part the following terms have the following
meanings:
DNI. The Director of National Intelligence.
General Counsel. The ODNI's General Counsel, Acting General Counsel
or Deputy General Counsel.
ODNI. The Office of the Director of National Intelligence and all
of its components, including, but not limited to, the National
Counterintelligence Executive, the National Counterterrorism Center,
the National Counterproliferation Center, the Program Manager for the
Information Sharing Environment, and all national intelligence centers
and program managers the DNI may establish.
ODNI Employee. Any current or former employee, contractor,
independent contractor, assignee or detailee to the ODNI.
OGC. The Office of the General Counsel of the ODNI.
Process. A summons, complaint, subpoena or other document properly
issued by or under the authority of, a federal, state, local or other
government entity of competent jurisdiction.
Sec. 1702.3 Procedures governing acceptance of service of process.
(a) Service of process upon the ODNI or an ODNI employee in the
employee's official capacity.
(1) Personal service. Unless otherwise expressly authorized by the
General Counsel, personal service of process upon the ODNI or an ODNI
employee in the employee's official capacity, may be accepted only by
an OGC attorney at ODNI Headquarters. The OGC attorney shall write or
stamp ``Service Accepted In Official Capacity Only'' on the return of
service form.
(2) Mail service. Where service of process by registered or
certified mail is authorized by law, only an OGC attorney may accept
such service of process upon the ODNI or an ODNI employee in the
employee's official capacity, unless otherwise expressly authorized by
the General Counsel. The OGC attorney shall write or stamp, ``Service
Accepted In Official Capacity Only,'' on the waiver of personal service
form. Service of process by mail must be addressed to the Office of the
Director of National Intelligence, Office of General Counsel,
Washington, DC 20511, and the envelope must be conspicuously marked
``Service of Process.''
(b) Service of process upon an ODNI employee solely in the
employee's individual capacity.
(1) Generally. ODNI employees will not be required to accept
service of process in their purely individual capacity on ODNI
facilities or premises.
(2) Personal Service. Subject to the sole discretion of the General
Counsel, process servers generally will not be allowed to enter ODNI
facilities or premises for the purpose of serving process upon an ODNI
employee solely in the employee's individual capacity. Except for the
DNI, the Principal Deputy Director of National Intelligence, and the
Director of the Intelligence Staff, the OGC is not authorized to accept
service of process on behalf of any ODNI employee in the employee's
individual capacity.
(3) Mail Service. Unless otherwise expressly authorized by the
General Counsel, ODNI employees are not authorized to accept or forward
mailed service of process directed to another ODNI employee in that
employee's individual capacity. Any such process will be returned to
the sender via appropriate postal channels.
(c) Service of Process Upon an ODNI employee in a combined official
and individual capacity. Unless otherwise expressly authorized by the
General Counsel, service of process, in person or by mail, upon an ODNI
employee in the employee's combined official and individual capacity,
may be accepted only for the ODNI employee in the employee's official
capacity by an OGC attorney at ODNI Headquarters. The OGC attorney
shall write or stamp, ``Service Accepted In Official Capacity Only,''
on the return of service form.
(d) Acceptance of service of process shall not constitute an
admission or waiver with respect to jurisdiction, propriety of service,
improper venue or any other defense in law or equity available under
the laws or rules applicable to the service of process.
Sec. 1702.4 Notification to Office of General Counsel.
An ODNI employee who receives or has reason to expect to receive,
service of process in an official, individual or combined individual
and official capacity in a matter that may involve testimony or the
furnishing of documents that could reasonably be expected to involve
ODNI interests, shall promptly notify the OGC ((703) 275-2527) prior to
responding to the service in any manner, and if possible, before
accepting service.
Sec. 1702.5 Interpretation.
Any questions concerning interpretation of this regulation shall be
referred to the Office of General Counsel for resolution.
Corin R. Stone,
Acting General Counsel, Office of the Director of National
Intelligence.
[FR Doc. E9-5758 Filed 3-17-09; 8:45 am]
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