Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Proposed Rules 53793 

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. 

* * * * * 

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. 

* * * * * 

(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 

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. 

* * * * * 

(c) * * * 

(1) ‘‘Contains Excessive Bacteria’’ if 

the bottled water fails to meet the 

requirements of paragraph (b)(2)(i)(A) of 

this section. 

* * * * * 

(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 

26 CFR Part 1 

RIN 1545–BB67 

[REG–157711–02] 

Unified Rule for Loss on Subsidiary 

Stock 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Partial withdrawal of notice of 

proposed rulemaking. 

SUMMARY: 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). 

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 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

30 CFR Part 250 

[Docket ID: MMS–2008–OMM–0023] 

RIN 1010–AD50 

Technical Changes to Production 

Measurement and Training 

Requirements 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

revise the production measurement 

regulations to establish meter proving, 


pwalker on PROD1PC71 with PROPOSALS