Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL, 25665-25666 [E9-12602]
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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Rules and Regulations
Federal Food, Drug, and Cosmetic Act
dealing with adulterated foods.
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■ 3. Section 129.80 is amended by
revising paragraph (g)(1) to read as
follows:
§ 129.80
Processes and controls.
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(g) * * *
(1) For bacteriological purposes, take
and analyze at least once a week for
total coliform a representative sample
from a batch or segment of a continuous
production run for each type of bottled
drinking water produced during a day’s
production. The representative sample
shall consist of primary containers of
product or unit packages of product. If
any coliform organisms are detected,
follow-up 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:
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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), (b)(3)
introductory text, (c)(1), and (d) to read
as follows:
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§ 165.110
Bottled water.
tjames on PRODPC75 with RULES
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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. 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)
VerDate Nov<24>2008
15:25 May 28, 2009
Jkt 217001
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) methods
described in the applicable sections of
‘‘Standard Methods for the Examination
of Water and Wastewater,’’ 21st Ed.
(2005), 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, 202–777–2742
(APHA). You may inspect a copy at the
Center for Food Safety and Applied
Nutrition’s Library, 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.
(3) Physical quality. Bottled water
shall, when a composite of analytical
units of equal volume from a sample is
examined by the method described in
applicable sections of ‘‘Standard
Methods for the Examination of Water
and Wastewater,’’ 15th Ed. (1980),
American Public Health Association,
which is incorporated by reference in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51 (copies may be obtained
from the American Public Health
Association, 800 I St. NW., Washington,
DC 20001, 202–777–2742 (APHA), or a
copy may be examined at the National
Archives and Records Administration
(NARA), or at the Center for Food Safety
and Applied Nutrition’s Library, 5100
Paint Branch Pkwy., College Park, MD
20740, 301–436–2163, 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), meet the following
standards of physical quality:
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(c) Label statements. * * *
(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 Federal Food,
Drug, and Cosmetic Act (the act), or that
consists in whole or in part of any
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25665
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: May 21, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and
Planning.
[FR Doc. E9–12494 Filed 5–26–09; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0391]
RIN 1625–AA00
Safety Zone; Chicago Harbor, Navy
Pier Southeast, Chicago, IL
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
SUMMARY: The Coast Guard will enforce
the Navy Pier Southeast Safety Zone in
Chicago Harbor from May 2009 through
June 2009. This action is necessary
protect vessels and people from the
hazards associated with fireworks
displays. During the enforcement
period, no person or vessel may enter
the security zone without the
permission of the Captain of the Port
Lake Michigan Zone.
DATES: The regulations in § 165.931 will
be enforced from May 23, until June 27,
2009.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or e-mail BM2 Kraft, Prevention
Department, Coast Guard Sector Lake
Michigan, Milwaukee, WI at (414) 747–
7154, e-mail adam.d.kraft@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the Safety Zone;
Chicago Harbor, Navy Pier Southeast,
Chicago, IL in 33 CFR 165.931 for the
following events during the dates and
times indicated below:
(1) Navy Pier Sunday Fireworks; on
May 24, 2009 from 9:15 p.m. through
9:45 p.m.
(2) Navy Pier Wednesday Fireworks;
on May 27, 2009 from 9:15 p.m. through
9:45 p.m.; on June 3, 2009 from 9:15
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25666
Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Rules and Regulations
p.m. through 9:45 p.m.; on June 10,
2009 from 9:15 p.m. through 9:45 p.m.;
on June 17, 2009 from 9:15 p.m. through
9:45 p.m.; on June 24, 2009 from 9:15
p.m. through 9:45 p.m.
(3) Navy Pier Saturday Fireworks; on
May 23, 2009 from 10 p.m. through
10:40 p.m.; on May 30, 2009 from 10
p.m. through 10:40 p.m.; on June 6,
2009 from 10 p.m. through 10:40 p.m.;
on June 13, 2009 from 10 p.m. through
10:40 p.m.; on June 20, 2009 from 10
p.m. through 10:40 p.m.; on June 27,
2009 from 10 p.m. through 10:40 p.m.
All vessels must obtain permission
from the Captain of the Port or his
designated representative to enter, move
within or exit the safety zone. Vessels
and persons granted permission to enter
the safety zone shall obey all lawful
orders or directions of the Captain of the
Port or a designated representative.
While within a safety zone, all vessels
shall operate at the minimum speed
necessary to maintain a safe course.
This notice is issued under authority
of 33 CFR 165.931 Safety Zone, Chicago
Harbor, Navy Pier Southeast, Chicago,
IL. (published on June 13, 2007 at 72 FR
32520) and 5 U.S.C. 552 (a). In addition
to this notice in the Federal Register,
the Coast Guard will provide the
maritime community with advance
notification of these enforcement
periods via broadcast Notice to Mariners
or Local Notice to Mariners. The
Captain of the Port will also issue a
Broadcast Notice to Mariners notifying
the public when enforcement of the
safety zone established by this section is
suspended. The Captain of the Port may
be contacted via U.S. Coast Guard
Sector Lake Michigan on channel 16,
VHF–FM.
Dated: May 14, 2009.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. E9–12602 Filed 5–28–09; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2002–0071; FRL–8910–5]
RIN 2060–AP13
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Update of Continuous Instrumental
Test Methods; Correction
SUMMARY: EPA published a final rule in
the Federal Register on May 22, 2008,
15:25 May 28, 2009
Jkt 217001
I. Summary of Amendment
EPA promulgated revisions to
continuous instrumental test methods
on May 22, 2008, where a number of
technical amendments were made to
five test methods. Several of the
revisions were added to the text in the
wrong places and in some cases
duplicate insertions were made. The
definition for system bias was also
inadvertently revised. This action
corrects those publication errors.
Section 553 of the Administrative
Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), provides that, when an
Agency for good cause finds that notice
and public procedure are impracticable,
unnecessary, or contrary to the public
interest, the Agency may issue a rule
without providing notice and an
opportunity for public comment. We
have determined that there is good
cause for making this technical
correction final without prior proposal
and opportunity for comment because
only simple publication errors are being
corrected that do not substantially
change the Agency actions taken in the
final rule. Thus, notice and public
procedure are unnecessary. We find that
this constitutes good cause under 5
U.S.C. 553(b)(3)(B). (See also the final
sentence of section 307(d)(1) of the
Clean Air Act (CAA), 42 U.S.C.
307(d)(1), indicating that the good cause
provisions in subsection 553(b) of the
APA continue to apply to this type of
rulemaking under section 307(d) of the
CAA.
II. Statutory and Executive Order
Reviews
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
VerDate Nov<24>2008
that made technical corrections to five
test methods. Inadvertent printing errors
were made in the publication. Text
insertions were misplaced, duplicate
insertions were made, and the definition
for system bias was inadvertently
revised. The purpose of this action is to
correct these errors.
DATES: This correction is effective on
June 29, 2009.
FOR FURTHER INFORMATION CONTACT: Mr.
Foston Curtis, Air Quality Assessment
Division, Office of Air Quality Planning
and Standards (E143–02),
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number (919) 541–
1063; fax number (919) 541–0516; email address: curtis.foston@epa.gov.
SUPPLEMENTARY INFORMATION:
Under Executive Order 12866,
Regulatory Planning and Review (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
is therefore not subject to review by the
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Office of Management and Budget. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2). The technical
corrections do not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Because EPA has made a ‘‘good
cause’’ finding that this action is not
subject to notice and comment
requirements under the APA or any
other statute (see Section II), it is not
subject to the regulatory flexibility
provisions of the Regulatory Flexibility
Act [5 U.S.C. 601 et seq.], or to sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) [Pub. L.
104–4]. In addition, this action does not
significantly or uniquely affect small
governments or impose a significant
intergovernmental mandate, as
described in sections 203 and 204 of the
UMRA.
This action also does not significantly
or uniquely affect the communities of
Tribal governments, as specified by
Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments (65 FR 67249, November
9, 2000). This correction also is not
subject to Executive Order 13045,
Protection of Children from
Environmental Health and Safety Risks
(62 FR 19885, April 23, 1997) because
it is not economically significant.
This technical correction does not
involve changes to the technical
standards related to test methods or
monitoring requirements; thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272) do not apply.
This technical correction also does
not involve special consideration of
environmental justice-related issues as
required by Executive Order 12898,
Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations (59 FR 7629, February 16,
1994).
The Congressional Review Act (CRA),
5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA),
generally provides that before a rule
may take effect, the Agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
U.S. Section 808 allows the issuing
Agency to make a rule effective sooner
than otherwise provided by the CRA if
the Agency makes a good cause finding
that notice and public procedure is
impracticable, unnecessary, or contrary
to the public interest. This
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]]>Agencies
[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Rules and Regulations]
[Pages 25665-25666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12602]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0391]
RIN 1625-AA00
Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Notice of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the Navy Pier Southeast Safety
Zone in Chicago Harbor from May 2009 through June 2009. This action is
necessary protect vessels and people from the hazards associated with
fireworks displays. During the enforcement period, no person or vessel
may enter the security zone without the permission of the Captain of
the Port Lake Michigan Zone.
DATES: The regulations in Sec. 165.931 will be enforced from May 23,
until June 27, 2009.
FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or e-mail BM2 Kraft, Prevention Department, Coast Guard Sector
Lake Michigan, Milwaukee, WI at (414) 747-7154, e-mail
adam.d.kraft@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety
Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL in 33 CFR
165.931 for the following events during the dates and times indicated
below:
(1) Navy Pier Sunday Fireworks; on May 24, 2009 from 9:15 p.m.
through 9:45 p.m.
(2) Navy Pier Wednesday Fireworks; on May 27, 2009 from 9:15 p.m.
through 9:45 p.m.; on June 3, 2009 from 9:15
[[Page 25666]]
p.m. through 9:45 p.m.; on June 10, 2009 from 9:15 p.m. through 9:45
p.m.; on June 17, 2009 from 9:15 p.m. through 9:45 p.m.; on June 24,
2009 from 9:15 p.m. through 9:45 p.m.
(3) Navy Pier Saturday Fireworks; on May 23, 2009 from 10 p.m.
through 10:40 p.m.; on May 30, 2009 from 10 p.m. through 10:40 p.m.; on
June 6, 2009 from 10 p.m. through 10:40 p.m.; on June 13, 2009 from 10
p.m. through 10:40 p.m.; on June 20, 2009 from 10 p.m. through 10:40
p.m.; on June 27, 2009 from 10 p.m. through 10:40 p.m.
All vessels must obtain permission from the Captain of the Port or
his designated representative to enter, move within or exit the safety
zone. Vessels and persons granted permission to enter the safety zone
shall obey all lawful orders or directions of the Captain of the Port
or a designated representative. While within a safety zone, all vessels
shall operate at the minimum speed necessary to maintain a safe course.
This notice is issued under authority of 33 CFR 165.931 Safety
Zone, Chicago Harbor, Navy Pier Southeast, Chicago, IL. (published on
June 13, 2007 at 72 FR 32520) and 5 U.S.C. 552 (a). In addition to this
notice in the Federal Register, the Coast Guard will provide the
maritime community with advance notification of these enforcement
periods via broadcast Notice to Mariners or Local Notice to Mariners.
The Captain of the Port will also issue a Broadcast Notice to Mariners
notifying the public when enforcement of the safety zone established by
this section is suspended. The Captain of the Port may be contacted via
U.S. Coast Guard Sector Lake Michigan on channel 16, VHF-FM.
Dated: May 14, 2009.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. E9-12602 Filed 5-28-09; 8:45 am]
BILLING CODE 4910-15-P
