33830 Federal Register / Vol. 66, No. 123 / Tuesday, June 26, 2001 / Rules and Regulations

Based on this information, the agency

concludes that the proposed use of the

additive is safe, that the additive will

achieve its intended technical effect,

and therefore, that the regulation in part

173 should be amended as set forth

below.

In accordance with § 171.1(h) (21 CFR

171.1(h)), the petition and the

documents that FDA considered and

relied upon in reaching its decision to

approve the petition are available for

inspection at the Center for Food Safety

and Applied Nutrition by appointment

with the information contact person

listed above. As provided in § 171.1(h),

the agency will delete from the

documents any materials that are not

available for public disclosure before

making the documents available for

inspection.

The agency has carefully considered

the potential environmental effects of

this rule as announced in the notice of

filing for FAP 0A4721. No new

information or comments have been

received that would affect the agency’s

previous determination that there is no

significant impact on the human

environment and that an environmental

impact statement is not required.

This final rule contains no collection

of information. Therefore, clearance by

the Office of Management and Budget

under the Paperwork Reduction Act of

1995 is not required.

Any person who will be adversely

affected by this regulation may at any

time file with the Dockets Management

Branch (address above) written

objections by July 26, 2001. Each

objection shall be separately numbered,

and each numbered objection shall

specify with 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 Dockets Management Branch

between 9 a.m. and 4 p.m., Monday

through Friday.

List of Subjects in 21 CFR Part 173

Food additives, Incorporation by

reference.

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 173 is

amended as follows:

PART 173—SECONDARY DIRECT

FOOD ADDITIVES PERMITTED IN

FOOD FOR HUMAN CONSUMPTION

1. The authority citation for 21 CFR

part 173 continues to read as follows:

Authority: 21 U.S.C. 321, 342, 348.

2. Section 173.368 is added to subpart

D to read as follows:

§ 173.368 Ozone.

Ozone (CAS Reg. No. 10028–15–6)

may be safely used in the treatment,

storage, and processing of foods,

including meat and poultry (unless such

use is precluded by standards of

identity in 9 CFR part 319), in

accordance with the following

prescribed conditions:

(a) The additive is an unstable,

colorless gas with a pungent,

characteristic odor, which occurs freely

in nature. It is produced commercially

by passing electrical discharges or

ionizing radiation through air or oxygen.

(b) The additive is used as an

antimicrobial agent as defined in

§ 170.3(o)(2) of this chapter.

(c) The additive meets the

specifications for ozone in the Food

Chemicals Codex, 4th ed. (1996), p. 277,

which is incorporated by reference. The

Director of the Office of the Federal

Register approves this incorporation by

reference in accordance with 5 U.S.C.

552(a) and 1 CFR part 51. Copies are

available from the National Academy

Press, 2101 Constitution Ave. NW.,

Washington, DC 20055, or may be

examined at the Office of Premarket

Approval (HFS–200), Center for Food

Safety and Applied Nutrition, Food and

Drug Administration, 200 C St. SW.,

Washington, DC, and the Office of the

Federal Register, 800 North Capitol St.

NW., suite 700, Washington, DC.

(d) The additive is used in contact

with food, including meat and poultry

(unless such use is precluded by

standards of identity in 9 CFR part 319),

in the gaseous or aqueous phase in

accordance with current industry

standards of good manufacturing

practice.

(e) When used on raw agricultural

commodities, the use is consistent with

section 201(q)(1)(B)(i) of the Federal

Food, Drug, and Cosmetic Act (the act)

and not applied for use under section

201(q)(1)(B)(i)(I), (q)(1)(B)(i)(II), or

(q)(1)(B)(i)(III) of the act.

Dated: June 15, 2001.

L. Robert Lake,

Director of Regulations and Policy, Center

for Food Safety and Applied Nutrition.

[FR Doc. 01–15963 Filed 6–25–01; 8:45 am]

BILLING CODE 4160–01–S

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 1, 31, 35, 36, 40, 301, and

601

[TD 8952]

RIN 1545–AY10

Removal of Federal Reserve Banks as

Federal Depositaries

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Final regulations and removal of

temporary regulations.

SUMMARY: This document contains final

regulations which remove the Federal

Reserve banks as authorized

depositaries for Federal tax deposits.

The regulations affect taxpayers who

make Federal tax deposits using paper

Federal Tax Deposit (FTD) coupons

(Form 8109) at Federal Reserve banks.

DATES: Effective Date: These regulations

are effective June 26, 2001.

Applicability Date: These regulations

apply to deposits made after December

31, 2000.

FOR FURTHER INFORMATION CONTACT:

Brinton T. Warren, (202) 622–4940 (not

a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

This document contains amendments

to 26 CFR parts 1, 31, 35, 36, 40, 301,

and 601 relating to Federal tax deposits

under section 6302(c) of the Internal

Revenue Code (Code). On December 26,

2000, temporary regulations (TD 8918)

relating to the removal of Federal

Reserve Banks as federal depositaries

were published in the Federal Register

(65 FR 81356). A notice of proposed

rulemaking that proposed the removal

of Federal Reserve Banks as federal

depositaries was published in the

Federal Register for the same day (65

FR 81453). No comments were received

from the public in response to the notice

of proposed rulemaking.

Federal Register / Vol. 66, No. 123 / Tuesday, June 26, 2001 / Rules and Regulations 33831

Explanation of Provisions

These final regulations, which

permanently remove Federal Reserve

Banks as authorized depositaries for

Federal tax deposits, adopt the rules of

the proposed regulations and remove

the corresponding temporary

regulations. The term Federal Reserve

Bank includes twelve banks and their

approximately two dozen branches that

constitute the nation’s central banking

system. The term does not include the

thousands of federally and state

chartered banks that are recognized as

members of the Federal Reserve System.

Accordingly, these final regulations do

not affect Federal Tax Deposits (FTDs)

made with paper coupons at any of the

more than 10,000 financial institutions

nationwide that serve as Treasury Tax

and Loan (TT&L) depositaries. Deposits

made through the Electronic Federal

Tax Payment System (EFTPS) are also

not affected.

Special Analyses

It has been determined that this

Treasury decision is not a significant

regulatory action as defined in

Executive Order 12866. Therefore, a

regulatory assessment is not required. It

also has been determined that section

553(b) of the Administrative Procedure

Act (5 U.S.C. chapter 5) does not apply

to these regulations, and because the

regulations do not impose a collection

of information on small entities, the

Regulatory Flexibility Act (5 U.S.C.

chapter 6) does not apply. Pursuant to

section 7805(f) of the Internal Revenue

Code, the notice of proposed rulemaking

preceding these regulations was

submitted to the Chief Counsel for

Advocacy of the Small Business

Administration for comment on its

impact on small business.

Drafting Information

The principal author of these

regulations is Brinton T. Warren of the

Office of Associate Chief Counsel,

Procedure and Administration

(Administrative Provisions and Judicial

Practice Division). However, other

personnel from the IRS and Treasury

Department participated in their

development.

List of Subjects

26 CFR Part 1

Income taxes, Reporting and

recordkeeping requirements.

26 CFR Part 31

Employment taxes, Income taxes,

Penalties, Pensions, Railroad retirement,

Reporting and recordkeeping

requirements, Social security,

Unemployment compensation.

26 CFR Part 35

Employment taxes, Income taxes,

Reporting and recordkeeping

requirements.

26 CFR Part 36

Employment taxes, Foreign relations,

Reporting and recordkeeping

requirements, Social security.

26 CFR Part 40

Excise taxes, Reporting and

recordkeeping requirements.

26 CFR Part 301

Administrative practice and

procedure, Employment taxes, Estate

taxes, Excise taxes, Gift taxes, Income

taxes, Penalties, Reporting and

recordkeeping requirements.

26 CFR Part 601

Administrative practice and

procedure, Freedom of information,

Reporting and recordkeeping

requirements, Taxes.

Adoption of Amendments to the

Regulations

Accordingly, and under the authority

of 26 U.S.C. 7805 and 5 U.S.C. 301, 26

CFR parts 1, 31, 35, 36, 40, 301 and 601

are amended as follows:

PART 1—INCOME TAXES

Paragraph 1. The authority citation

for part 1 continues to read in part as

follows:

Authority: 26 U.S.C. 7805 * * *

§ 1.6302–1 [Amended]

Par. 2. Section 1.6302–1 is amended

by removing the fifth sentence in

paragraph (b)(1).

§ 1.6302–2 [Amended]

Par. 3. Section 1.6302–2 is amended

by removing the third sentence in

paragraph (b)(1).

PART 31—EMPLOYMENT TAXES AND

COLLECTION OF INCOME TAX AT

SOURCE

Par. 4. The authority citation for part

31 continues to read in part as follows:

Authority: 26 U.S.C. 7805 * * *

§ 31.6302–1 [Amended]

Par. 5. Section 31.6302–1 is amended

by removing the fourth sentence in

paragraph (i)(3).

§ 31.6302(c)–3 [Amended]

Par. 6. Section 31.6302(c)-3 is

amended by removing the third

sentence in paragraph (b)(2).

PART 301—PROCEDURE AND

ADMINISTRATION

Par. 7. The authority for part 301

continues to read in part as follows:

Authority: 26 U.S.C. 7805 * * *

§ 301.6302–1T [Removed]

Par. 8. Section 301.6302–1T is

removed.

PARTS 1, 31, 35, 36, 40, 301, 601

[AMENDED]

Par. 9. In the list below, for each

section indicated in the left column,

remove the language in the middle

column and add, if any, the language in

the right column:

Section Remove Add

1.1461–1(a)(1), first sentence ............................ a Federal Reserve Bank or ............................. an

1.1502–5(a)(1), fourth sentence ......................... commercial dispositary or Federal Reserve

Bank.

financial institution

1.6151–1(d)(1) .................................................... Federal Reserve Banks or ...............................

1.6302–1(b)(1), fourth sentence ......................... 214 or, at the election of the corporation, to a

Federal Reserve Bank.

203

1.6302–1(b)(1), fifth sentence ............................ the Federal Reserve Bank or ..........................

1.6302–2(a)(1)(i), first sentence ......................... a Federal Reserve Bank or ............................. an

1.6302–2(a)(1)(ii), first sentence ........................ a Federal Reserve Bank or ............................. an

1.6302–2(a)(1)(iv), first sentence ....................... a Federal Reserve Bank or ............................. an

1.6302–2(b)(1), second sentence ...................... 214 or, at the election of the withholding

agent, to a Federal Reserve Bank.

203

1.6302–2(b)(1), third sentence ........................... the Federal Reserve Bank or ..........................

1.6302–3(a) ........................................................ or with a Federal Reserve Bank ......................

33832 Federal Register / Vol. 66, No. 123 / Tuesday, June 26, 2001 / Rules and Regulations

Section Remove Add

31.6071(a)–1(a)(1), last sentence ...................... or by a Federal Reserve Bank ........................

31.6071(a)–1(c), last sentence .......................... a Federal Reserve Bank or by ........................

31.6151–1(b), first sentence .............................. Federal Reserve Banks and ............................

31.6302–1(c)(1), first sentence .......................... a Federal Reserve Bank or ............................. an

31.6302–1(c)(2)(i) introductory text .................... a Federal Reserve Bank or ............................. an

31.6302–1(c)(3) introductory text, first sentence a Federal Reserve Bank or ............................. an

31.6302–1(i)(3), third sentence .......................... 214 or, at the election of the employer, to a

Federal Reserve Bank.

203

31.6302–1(i)(5) ................................................... the Federal Reserve Bank or ..........................

31.6302(c)–2A(b)(1)(i) ........................................ with a Federal Reserve Bank or ......................

31.6302(c)–2A(b)(3) ........................................... with a Federal Reserve Bank or ......................

31.6302(c)–3(a)(1)(i) .......................................... with a Federal Reserve Bank or ......................

31.6302(c)–3(a)(1)(ii) .......................................... with a Federal Reserve Bank or ......................

31.6302(c)–3(a)(3) .............................................. with a Federal Reserve Bank or ......................

31.6302(c)–3(b)(2), second sentence ................ 214 or, at the election of the employer, to a

Federal Reserve Bank.

203

31.6302(c)–3(b)(2), third sentence ..................... the Federal Reserve Bank or ..........................

35.3405–1T,e–10A., first sentence .................... a Federal Reserve Bank or .............................

36.3121(l)(10)–4 ................................................. a Federal Reserve Bank or ............................. an

40.6302(c)–1(d)(1) .............................................. 214 or to a Federal Reserve Bank .................. 203

301.6302–1(a) .................................................... Federal Reserve Banks and authorized commercial banks.authorized financial institutions

301.6302–1(b)(1) ................................................ Federal Reserve Banks or authorized commercial banks.authorized financial institutions

301.6302–1(b)(2) ................................................ Federal Reserve Banks or authorized commercial banks.authorized financial institutions

301.9100–5T(c) concluding text ......................... Federal Reserve Banks and ............................

601.401(a)(5) heading ........................................ Federal Reserve Banks and ............................

601.401(a)(5)(iii), first sentence ......................... a Federal Reserve Bank or ............................. an

601.401(a)(5)(iii), second sentence .................... a Federal Reserve Bank or ............................. an

601.401(a)(5)(iv), first sentence ......................... a Federal Reserve Bank or a financial institution authorized in accordance with Treasury

Department Circular No. 1079, revised, to

accept remittances of these taxes for transmission to a Federal Reserve Bank.

an authorized financial institution

Robert E. Wenzel,

Deputy Commissioner of Internal Revenue.

Approved: June 15, 2001.

Mark A. Weinberger,

Assistant Secretary of the Treasury (Tax

Policy).

[FR Doc. 01–15747 Filed 6–25–01; 8:45 am]

BILLING CODE 4830–01–P

DEPARTMENT OF THE TREASURY

Fiscal Service

31 CFR Part 357

[Department of the Treasury Circular, Public

Debt Series, No. 2–86]

Determination Regarding State

Statutes Adopting Revised Article 9 of

the Uniform Commercial Code;

Determination Regarding Rhode Island

AGENCY: Bureau of the Public Debt,

Fiscal Service, Treasury.

ACTION: Determination of substantially

identical state statute.

SUMMARY: A number of states have

recently enacted laws adopting Revised

Article 9 of the Uniform Commercial

Code—Secured Transactions (‘‘Revised

Article 9’’), which contains amendments

to Revised Article 8 of the Uniform

Commercial Code—Investment

Securities (‘‘Revised Article 8’’).

Treasury is confirming that for states for

which it has previously published a

determination that their statutes were

‘‘substantially identical’’ to the uniform

version of Revised Article 8 for

purposes of interpreting the rules in 31

CFR Part 357, Subpart B (the ‘‘TRADES

regulations’’), such determination is not

affected by a State’s adoption of

amendments in Revised Article 9.

Treasury has also reviewed Rhode

Island’s enactment of Revised Article 8

and has determined that it is

‘‘substantially identical’’ to the uniform

version of Revised Article 8 for

purposes of the TRADES regulations.

EFFECTIVE DATE: June 26, 2001.

ADDRESSES: See Supplementary

Information section for electronic

access.

FOR FURTHER INFORMATION CONTACT:

Geraldine J. Porco-Hubenko, AttorneyAdvisor; Sandy Dyson, AttorneyAdvisor; or Cynthia E. Reese, Deputy

Chief Counsel; at (202) 691–3520.

SUPPLEMENTARY INFORMATION:

Electronic Access

Copies of this notice are available for

downloading from the Bureau of the

Public Debt home page at: http://

www.publicdebt.treas.gov.

Background

On August 23, 1996, the Department

of the Treasury (‘‘we’’) published a final

rule to govern securities held in the

commercial book-entry system, also

referred to as the Treasury/Reserve

Automated Debt Entry System

(‘‘TRADES’’), 61 FR 43626. The

regulations specify the jurisdiction

whose law governs certain matters

related to Treasury securities in the

commercial book-entry system. Sections

357.10(c) and 357.11(d) of the

regulations provide that if the

jurisdiction is a state that has not

adopted Revised Article 8, then the

applicable law is the law of that state as

though Revised Article 8 had been

adopted by that state. ‘‘Revised Article

8’’ is defined in the regulations as the

Official Text adopted by the National

Conference of Commissioners on

Uniform State Laws and the American

Law Institute.

In the commentary to the final

regulations, we stated that for the 28