This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

789 

Vol. 74, No. 5 

Thursday, January 8, 2009 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 31 

[REG–158747–06] 

RIN 1545–BG45 

Withholding Under Internal Revenue 

Code Section 3402(t); Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to notice of proposed 

rulemaking. 

SUMMARY: This document contains a 

correction to a notice of proposed 

rulemaking (REG–158747–06) that was 

published in the Federal Register on 

Friday, December 5, 2008 (73 FR 74082) 

relating to withholding under section 

3402(t) of the Internal Revenue Code. 

The proposed regulations reflect 

changes in the law made by the Tax 

Increase Prevention and Reconciliation 

Act of 2005 that require Federal, State, 

and local government entities to 

withhold income tax when making 

payments to persons providing property 

or services. These proposed regulations 

provide guidance to assist the 

government entities in complying with 

section 3402(t). The regulations also 

provide certain guidance to persons 

receiving payments for property or 

services from government entities. 

FOR FURTHER INFORMATION CONTACT: Jean 

Casey, (202) 622–6040 (not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: 

Background 

The correction notice that is the 

subject of this document is under 

sections 3402, 3406, 6011, 6051, 6071, 

and 6302 of the Internal Revenue Code. 

Need for Correction 

As published, the notice of proposed 

rulemaking (REG–158747–06) contains 

an error that may prove to be misleading 

and is in need of clarification. 

Correction of Publication 

Accordingly, the publication of the 

notice of proposed rulemaking (REG– 

158747–06), which was the subject of 

FR Doc. E8–28789, is corrected as 

follows: 

On page 74087, column 3, in the 

preamble, under the paragraph heading 

‘‘Exception for Certain Payments 

Received by Nonresident Alien 

Individuals and Foreign Corporations’’, 

second paragraph of the column, line 7, 

the language ‘‘under 3402(t) would be 

unduly’’ is corrected to read ‘‘under 

section 3402(t) would be unduly’’. 

Guy Traynor, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel, (Procedure and 

Administration). 

[FR Doc. E9–85 Filed 1–7–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–B–1029] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1 percent annualchance) Flood Elevations (BFEs) and 

proposed BFE modifications for the 

communities listed in the table below. 

The purpose of this notice is to seek 

general information and comment 

regarding the proposed regulatory flood 

elevations for the reach described by the 

downstream and upstream locations in 

the table below. The BFEs and modified 

BFEs are a part of the floodplain 

management measures that the 

community is required either to adopt 

or show evidence of having in effect in 

order to qualify or remain qualified for 

participation in the National Flood 

Insurance Program (NFIP). In addition, 

these elevations, once finalized, will be 

used by insurance agents and others to 

calculate appropriate flood insurance 

premium rates for new buildings and 

the contents in those buildings. 

DATES: Comments are to be submitted 

on or before April 8, 2009. 

ADDRESSES: The corresponding 

preliminary Flood Insurance Rate Map 

(FIRM) for the proposed BFEs for each 

community are available for inspection 

at the community’s map repository. The 

respective addresses are listed in the 

table below. 

You may submit comments, identified 

by Docket No. FEMA–B–1029, to 

William R. Blanton, Jr., Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3151, or (e-mail) 

bill.blanton@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3151 or (e-mail) 

bill.blanton@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) proposes to make 

determinations of BFEs and modified 

BFEs for each community listed below, 

in accordance with section 110 of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4104, and 44 CFR 67.4(a). 

These proposed BFEs and modified 

BFEs, together with the floodplain 

management criteria required by 44 CFR 

60.3, are the minimum that are required. 

They should not be construed to mean 

that the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own, or 

pursuant to policies established by other 

Federal, State, or regional entities. 

These proposed elevations are used to 

meet the floodplain management 

requirements of the NFIP and are also 

used to calculate the appropriate flood 

insurance premium rates for new 

buildings built after these elevations are 

made final, and for the contents in these 

buildings. 

Comments on any aspect of the Flood 

Insurance Study and FIRM, other than 

the proposed BFEs, will be considered. 


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790 Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Proposed Rules 

A letter acknowledging receipt of any 

comments will not be sent. 

Administrative Procedure Act 

Statement. This matter is not a 

rulemaking governed by the 

Administrative Procedure Act (APA), 5 

U.S.C. 553. FEMA publishes flood 

elevation determinations for notice and 

comment; however, they are governed 

by the Flood Disaster Protection Act of 

1973, 42 U.S.C. 4105, and the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and do not fall under the 

APA. 

National Environmental Policy Act. 

This proposed rule is categorically 

excluded from the requirements of 44 

CFR part 10, Environmental 

Consideration. An environmental 

impact assessment has not been 

prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Executive Order 12866, Regulatory 

Planning and Review. This proposed 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866, as amended. 

Executive Order 13132, Federalism. 

This proposed rule involves no policies 

that have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This proposed rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

Accordingly, 44 CFR part 67 is 

proposed to be amended as follows: 

PART 67—[AMENDED] 

1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.4 [Amended] 

2. The tables published under the 

authority of § 67.4 are proposed to be 

amended as follows: 

State City/town/county Source of flooding Location ** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground 

Existing Modified 

City of Fort Yukon, Alaska 

Alaska ....................... City of Fort Yukon .... Yukon River .............. Static BFE approximately 198′ south, 

southeast of the intersection of 1st Avenue and Husky Avenue.

None +445 

Static BFE at the intersection of Yukon 

River and Airport Road. 

None +445 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

City of Fort Yukon 

Maps are available for inspection at East 7th Street, Fort Yukon, AK 99740. 

City of Togiak, Alaska 

Alaska ....................... City of Togiak ........... Togiak Bay ............... Static BFE approximately 2,427 feet southwest of the southwest end of Togiak Airport.None +8 

Static BFE at the intersection of the Limit 

of Detailed Study and the shoreline.

None +8 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

City of Togiak 

Maps are available for inspection at 2nd Avenue G Street, Togiak, AK 99678. 


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Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Proposed Rules 791 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

Lake and Peninsula Borough, Alaska, and Incorporated Areas 

Chignik Lake ......................... Entire Shoreline ............................................................ None ∧16 Lake and Peninsula Borough. 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Local Tidal Datum. 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

Lake and Peninsula Borough 

Maps are available for inspection at P.O. Box 495, King Salmon, AK 99613. 

Monroe County, Indiana, and Incorporated Areas 

Beanblossom Creek .............. Approximately 14,256 feet downstream of Pike Road None +580 Unincorporated Areas of 

Monroe County. 

At Old State Road 37 ................................................... None +599 

Clear Creek ........................... Approximately 400 feet downstream of Dillman Road None +616 Unincorporated Areas of 

Monroe County, City of 

Bloomington. 

Approximately 350 feet upstream of First Street ......... None +731 

East Branch Jackson Creek At confluence with Jackson Creek ............................... +738 +739 City of Bloomington. 

Approximately 520 feet upstream of confluence with 

Jackson Creek.

+738 +739 

East Fork Jackson Creek ..... Approximately 100 feet upstream of Moores Pike ....... None +822 City of Bloomington. 

Approximately 400 feet upstream of Moores Pike ....... None +822 

Griffy Creek ........................... Approximately 430 feet upstream of North Dunn 

Street.

None +602 City of Bloomington. 

Approximately 2,760 feet upstream of North Headley 

Road.

None +602 

Jacks Defeat Creek .............. Approximately 400 feet upstream of confluence with 

Beanblossom Creek.

None +563 Unincorporated Areas of 

Monroe County, Town of 

Ellettsville, Town of 

Stineville. 

Approximately 550 feet downstream of Harrison Road +707 +706 

Jackson Creek ...................... At confluence with Clear Creek .................................... None +634 Unincorporated Areas of 

Monroe County, City of 

Bloomington. 

Approximately 1,120 feet upstream of Buick Cadillac 

Boulevard.

None +772 

Sinking Creek ........................ At West Third Street ..................................................... None +855 City of Bloomington. 

Approximately 420 feet upstream of West Third Street None +855 

Stout Creek ........................... At confluence with Beanblossom Creek ...................... None +581 Unincorporated Areas of 

Monroe County. 

Approximately 7,000 feet upstream of confluence with 

Beanblossom Creek.

None +584 

West Branch Jackson Creek At confluence with Jackson Creek ............................... +738 +739 City of Bloomington. 

Approximately 220 feet upstream of Covenanter Drive None +796 

West Fork Clear Creek ......... At confluence with Clear Creek .................................... +645 +648 Unincorporated Areas of 

Monroe County, City of 

Bloomington. 

Approximately 1,780 feet upstream of Sudburg Lane None +737 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street, SW., Washington, DC 20472. 


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792 Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Proposed Rules 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

ADDRESSES 

City of Bloomington 

Maps are available for inspection at City Hall, 401 North Morton Street, Bloomington, IN 47404. 

Town of Ellettsville 

Maps are available for inspection at Town Hall, 221 North Sale Street, Ellettsville, IN 47429. 

Town of Stineville 

Maps are available for inspection at Town Hall, 7835 West Buskirk Street, Stinesville, IN 47464. 

Unincorporated Areas of Monroe County 

Maps are available for inspection at Monroe County Courthouse, Room 322, 100 West Fifth Street, Bloomington, IN 47404. 

Garfield County, Oklahoma, and Incorporated Areas 

Boggy Creek Tributary (West 

Branch).

Approximately 481 feet upstream of the confluence of 

Boggy Creek Tributary West Branch and Boggy 

Creek Tributary.

None +1298 City of Enid. 

Approximately 885 feet upstream of the confluence of 

Boggy Creek Tributary West Branch and Boggy 

Creek Tributary.

None +1301 

Tributary A to Boggy Creek 

Tributary.

Approximately 663 feet upstream of the confluence of 

Tributary A of Boggy Creek Tributary and Boggy 

Creek Tributary.

None +1309 City of Enid. 

Approximately 1,168 feet upstream of the confluence 

of Tributary A to Boggy Creek Tributary and the 

Boggy Creek Tributary.

None +1313 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

City of Enid 

Maps are available for inspection at 401 Owen Garriott Road, Enid, OK 73702. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: December 31, 2008. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–74 Filed 1–7–09; 8:45 am] 

BILLING CODE 9110–12–P 


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