11478 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 

(http://www.cfsan.fda.gov/~dms/opafcn.html). 

3. Environmental Protection Agency, 

Integrated Risk Information System: Nitrate 

(CASRN 14797–55–8) (http://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: 

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 

http://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: http://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 

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: http:// 

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] 

BILLING CODE 4160–01–S 

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 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. 

■ 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. 

§ 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. 

§ 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. 

§ 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] 

BILLING CODE 3910–A7–P–P 


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