25650 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Rules and Regulations 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. If 

you are a small entity and you have a 

question regarding this document, you 

may contact your local FAA official, or 

the person listed under the FOR FURTHER

INFORMATION CONTACT heading at the 

beginning of the preamble. You can find 

out more about SBREFA on the Internet 

at http://www.faa.gov/ 

regulations_policies/rulemaking/ 

sbre_act/. 

List of Subjects in 14 CFR Part 61 

Aircraft, Aircraft pilots, Airmen, 

Airplanes, Air safety, Air transportation, 

Aviation safety, Balloons, Helicopters, 

Rotorcraft, Students. 

The Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends Chapter I of Title 14, Code of 

Federal Regulations as follows: 

PART 61—CERTIFICATION: PILOTS, 

FLIGHT INSTRUCTORS, AND GROUND 

INSTRUCTORS 

■ 1. The authority citation for part 61 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701– 

44703, 44707, 44709–44711, 45102–45103, 

45301–45302. 

■ 2. Revise section 3 of SFAR No. 73 to 

read as follows: 

Special Federal Aviation Regulation 

No. 73—Robinson R–22/R–44 Special 

Training and Experience Requirements 

* * * * * 

■ 3. Expiration date. This SFAR No. 73 

shall remain in effect until it is revised 

or rescinded. 

Issued in Washington, DC, on May 26, 

2009. 

Lynne A. Osmus, 

Acting Administrator. 

[FR Doc. E9–12532 Filed 5–28–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 665 

[Docket No. 070719388–9911–04] 

RIN 0648–AV29 

Fisheries in the Western Pacific; 

Crustacean Fisheries; Deepwater 

Shrimp 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; effectiveness of 

collection-of-information requirements. 

SUMMARY: NMFS announces approval by 

the Office of Management and Budget 

(OMB) of collection-of-information 

requirements contained in regulations 

implementing Amendment 13 to the 

Fishery Management Plan for 

Crustacean Fisheries of the Western 

Pacific Region. The intent of this final 

rule is to inform the public that the 

associated permitting and reporting 

requirements have been approved by 

OMB. 

DATES: This rule is effective June 29, 

2009. The amendments to 50 CFR 

665.13, 665.41, and 665.42, published at 

73 FR 70603 (November 21, 2008) and 

corrected at 73 FR 75622 (December 12, 

2008) have been approved by OMB and 

are effective on June 29, 2009. 

ADDRESSES: Written comments 

regarding the burden-hour estimates or 

other aspects of the collection-ofinformation requirements contained in 

this final rule may be submitted to 

William L. Robinson, Administrator, 

NMFS Pacific Islands Region (PIR), 1601 

Kapiolani Boulevard, Suite 1110, 

Honolulu, HI 96814–4700, and to David 

Rostker, OMB, by e-mail to 

David_Rostker@omb.eop.gov, or fax to 

202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Brett Wiedoff, Sustainable Fisheries 

Division, NMFS PIR, 808–944–2272. 

SUPPLEMENTARY INFORMATION: This 

Federal Register document is also 

accessible at www.gpoaccess.gov/fr/. 

A final rule for Amendment 13 was 

published in the Federal Register on 

November 21, 2008 (73 FR 70603), and 

an associated correction notice was 

published on December 12, 2008 (73 FR 

75622). The requirements of that final 

rule, other than the collection-ofinformation requirements, were 

effective on December 22, 2008. Because 

OMB approval of the collection-ofinformation requirements had not been 

received by the date that final rule was 

published, the effective date of the 

associated permitting and reporting 

requirements in that rule was delayed. 

OMB approved the collection-ofinformation requirements contained in 

the final rule on May 1, 2009. 

Under NOAA Administrative Order 

205–11, dated December 17, 1990, the 

Under Secretary for Oceans and 

Atmosphere has delegated authority to 

sign material for publication in the 

Federal Register to the Assistant 

Administrator for Fisheries, NOAA. 

Classification 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

Reduction Act (PRA), unless that 

collection of information displays a 

currently valid OMB control number. 

This final rule contains new 

collection-of-information requirements 

subject to the PRA under OMB Control 

Number 0648–0586. The public 

reporting burden for these requirements 

is estimated to be 0.5 hours per permit 

applicant, with permit renewals 

requiring an additional 0.5 hours 

annually, approximately 10 min per 

vessel per fishing day to complete 

Federal catch reports. These estimates 

include time for reviewing instructions, 

searching existing data sources, 

gathering and maintaining the data 

needed, and completing and reviewing 

the collection of information. Send 

comments regarding these burden 

estimates or any other aspect of this data 

collection, including suggestions for 

reducing the burden, to William L. 

Robinson (see ADDRESSES), or by e-mail 

to David_Rostker@omb.eop.gov, or fax 

to 202–395–7285. 

List of Subjects in 15 CFR Part 902 

Reporting and recordkeeping 

requirements. 

Dated: May 21, 2009 

John Oliver, 

Deputy Assistant Administrator For 

Operations, National Marine Fisheries 

Service. 

■ For the reasons set out in the 

preamble, 15 CFR part 902 is amended 

as follows: 


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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Rules and Regulations 25651 

1 In FDA’s discussion, ‘‘follow-up’’ testing refers 

to testing to determine whether any of the coliform 

organisms detected in source water or finished 

bottled water products are E. coli. 

15 CFR CHAPTER IX 

PART 902—NOAA INFORMATION 

COLLECTION REQUIREMENTS UNDER 

THE PAPERWORK REDUCTION ACT: 

OMB CONTROL NUMBERS 

■ 1. The authority citation for part 902 

continues to read as follows: 

Authority: 44 U.S.C. 3501 et seq. 

■ 2. In § 902.1, amend the table in 

paragraph (b), under the entry ‘‘50 CFR’’ 

by revising the entries for ‘‘§ 665.13’’, 

‘‘§ 665.14’’, ‘‘§ 665.16’’ and ‘‘§ 665.41’’ to 

read as follows: 

§ 902.1 OMB control numbers assigned 

pursuant to the Paperwork Reduction Act. 

* * * * * 

(b) * * * 

CFR part or 

section 

where the information 

collection requirement is 

located 

Current OMB control number 

(all numbers begin with 0648–) 

*****

50 CFR .

*****

665.13 –0490, and 0586.

665.14 –0214, and 0586.

*****

665.16 –0360, and 0586.

*****

665.41 –0490, and 0586.

*****

[FR Doc. E9–12428 Filed 5–28–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 129 and 165 

[Docket No. FDA–2008–N–0446] 

Beverages: Bottled Water 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending its 

bottled water regulations to require that 

bottled water manufacturers test source 

water for total coliform, as is required 

for finished bottled water products, and 

to require, if any coliform organisms are 

detected in source water, that bottled 

water manufacturers determine whether 

any of the coliform organisms are 

Escherichia coli (E. coli), an indicator of 

fecal contamination. FDA also is 

amending its bottled water regulations 

to require, if any coliform organisms are 

detected in finished bottled water 

products, that bottled water 

manufacturers determine whether any 

of the coliform organisms are E. coli. 

FDA also is amending the adulteration 

provision of the bottled water standard 

to reflect the possibility of adulteration 

caused by the presence of filth. Bottled 

water containing E. coli will be 

considered adulterated, and source 

water containing E. coli will not be 

considered to be of a safe, sanitary 

quality and will be prohibited from use 

in the production of bottled water. FDA 

is also amending its bottled water 

regulations to require that, before a 

bottler can use source water from a 

source that has tested positive for E. 

coli, the bottler must take appropriate 

measures to rectify or eliminate the 

cause of E. coli contamination of that 

source, and that the bottler must keep 

records of such actions. Existing 

regulatory provisions require bottled 

water manufacturers to keep records of 

new testing required by this rule. This 

final rule will ensure that FDA’s 

standards for the minimum quality of 

bottled water, as affected by fecal 

contamination, will be no less 

protective of the public health than 

those set by the Environmental 

Protection Agency (EPA) for public 

drinking water. 

DATES: This rule is effective December 1, 

2009. The incorporation by reference of 

certain publications listed in the rule is 

approved by the Director of the Federal 

Register as of December 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Lauren Posnick Robin, Center for Food 

Safety and Applied Nutrition (HFS– 

317), Food and Drug Administration, 

5100 Paint Branch Pkwy., College Park, 

MD 20740, 301–436–1639. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Federal Register of September 

17, 2008 (73 FR 53775), FDA published 

a proposed rule to amend its bottled 

water regulations in parts 129 and 165 

(21 CFR parts 129 and 165) to provide 

increased protection against fecal 

contamination in water sources used for 

bottled water and in finished bottled 

water products (hereafter ‘‘the proposed 

rule’’ or ‘‘the September 17, 2008 

proposal’’). FDA’s current good 

manufacturing practice (CGMP) 

regulations for the processing and 

bottling of bottled water are contained 

in part 129. FDA’s bottled water 

standard, contained in part 165, 

includes standard of identity 

regulations, which define different types 

of bottled water (§ 165.110(a)); standard 

of quality regulations, which establish 

allowable levels for contaminants in 

bottled water (§ 165.110(b)); required 

label statements for water of 

substandard quality (§ 165.110(c)); and 

an adulteration provision (§ 165.110(d)). 

FDA proposed a number of changes to 

part 129. FDA proposed to amend 

§ 129.35(a)(3)(i) to require that bottled 

water manufacturers that obtain their 

source water from other than a public 

water system (PWS) test their source 

water at least weekly for total coliform, 

and that when source water is total 

coliform positive, that they conduct 

follow-up1 testing to determine whether 

any of the coliform organisms are E. 

coli. Further, FDA proposed to amend 

§ 129.35(a)(3)(i) to indicate that if source 

water is found to contain E. coli, then 

the water would not be considered 

water of a safe, sanitary quality as 

required by § 129.35(a)(1). FDA also 

proposed in § 129.35(a)(3)(i) to require a 

bottler to rectify or otherwise eliminate 

the cause of the E. coli contamination. 

FDA also proposed that source water 

previously found to contain E. coli 

would be considered negative for E. coli 

after five samples collected from the 

source water supply over a 24-hour 

period are tested and found to be E. coli 

negative. FDA proposed in 

§ 129.35(a)(3)(i) that bottlers maintain 

records of corrective measures taken to 

rectify or eliminate E. coli 

contamination in source water. FDA 

also proposed in § 129.80(g)(1) that if 

any coliform organisms are detected in 

weekly total coliform testing of finished 

bottled water, that bottlers must conduct 

follow-up testing to determine whether 

any of the coliform organisms are E. 

coli. Finally, FDA proposed revising 

§ 129.35(a)(4)(iv) to include a reference 

to section 402(a)(3) of the Federal Food, 

Drug, and Cosmetic Act (the act) (21 

U.S.C. 342(a)(3)) as a basis for 

adulteration, in addition to section 

402(a)(1) of the act. 

FDA proposed a number of changes to 

part 165. FDA proposed to add 

§ 165.110(b)(2)(i)(B) to indicate that if E. 

coli is present in a sample of finished 

bottled water products, then the bottled 

water would be deemed adulterated 


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