Reg-115403-05

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Federal Register / Vol. 72, No. 27 / Friday, February 9, 2007 / Proposed Rules

stakeholders an opportunity to comment
on this potential consideration.
VI. Public Participation
A. Submission of Comments

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DOE will accept comments, data, and
information regarding this notice no
later than the date provided at the
beginning of this notice. Comments,
data, and information submitted to the
Department’s e-mail address for this
rulemaking should be provided in
WordPerfect, Microsoft Word, PDF, or
text (ASCII) file format. Stakeholders
should avoid the use of special
characters or any form of encryption,
and wherever possible, comments
should include the electronic signature
of the author. Absent an electronic
signature, comments submitted
electronically must be followed and
authenticated by submitting a signed
original paper document to the address
provided at the beginning of this notice.
Comments, data, and information
submitted to the Department via mail or
hand delivery/courier should include
one signed original paper copy. No
telefacsimiles (faxes) will be accepted.
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit two copies: One copy of
the document including all the
information believed to be confidential,
and one copy of the document with the
information believed to be confidential
deleted. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
Factors of interest to DOE when
evaluating requests to treat submitted
information as confidential include: (1)
A description of the items; (2) whether
and why such items are customarily
treated as confidential within the
industry; (3) whether the information is
generally known or available from
public sources; (4) whether the
information has previously been made
available to others without obligation
concerning its confidentiality; (5) an
explanation of the competitive injury to
the submitting person which would
result from public disclosure; (6) a date
after which such information might no
longer be considered confidential; and
(7) why disclosure of the information
would be contrary to the public interest.
B. Issues on Which DOE Seeks Comment
DOE is particularly interested in
receiving comments and views of
interested parties concerning:
(1) The proportion of distribution
transformers sold that are installed in

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underground vaults, particularly with
respect to the liquid-immersed, threephase design lines, DL4 and DL5,
(2) The assumption that typical spaceconstrained vault transformers will be
restricted to a volume that is
approximately the median size of
baseline transformers, and
(3) The approaches proposed in this
notice to account for LCC impacts on
space-constrained vault transformers,
including the methodology and inputs.
(4) The possibility of having a liquidimmersed standard level that is based
on efficiency levels from TSL 2 and/or
3 for three-phase and TSL 2, 3, and/or
4 for single-phase.
Issued in Washington, DC, on February 2,
2007.
Alexander A. Karsner
Assistant Secretary, Energy Efficiency and
Renewable Energy.
[FR Doc. E7–2168 Filed 2–8–07; 8:45 am]
BILLING CODE 6450–01–P

DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–115403–05]
RIN 1545–BF94

Section 181—Deduction for Qualified
Film and Television Production Costs
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking
by cross reference to temporary
regulation.
AGENCY:

SUMMARY: In the Rules and Regulations
section of this issue of the Federal
Register, the IRS is issuing temporary
regulations under section 181 of the
Internal Revenue Code relating to
deductions for costs of producing
qualified film and television
productions. These temporary
regulations reflect changes to the law
made by the American Jobs Creation Act
of 2004 and the Gulf Opportunity Zone
Act of 2005, and affect taxpayers that
produce films and television
productions within the United States.
This action is necessary to provide
guidance for the application of section
181. The text of the temporary
regulations also serves as the text of
these proposed regulations. This
document also provides notice of a
public hearing on these proposed
regulations.
DATES: Written comments and requests
for a public hearing must be received by
April 10, 2007.

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Send submissions to:
CC:PA:LPD:PR (REG–115403–05), room
5203, Internal Revenue Service, PO Box
7604, Ben Franklin Station, Washington,
DC 20044. Submissions may be hand
delivered Monday through Friday
between the hours of 8 a.m. and 4 p.m.
to: CC:PA:LPD:PR (REG–115403–05),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW., Washington, DC, or sent
electronically, via the IRS Internet site
at www.irs.gov/regs or via the Federal
eRulemaking Portal at http://
www.Regulations.gov/ (IRS REG–
115403–05).
FOR FURTHER INFORMATION CONTACT:
Concerning the regulations, Bernard P.
Harvey, (202) 622–3110; concerning
submissions and to request a hearing,
Kelly Banks, (202) 622–7180 (not tollfree numbers).
SUPPLEMENTARY INFORMATION:
ADDRESSES:

Paperwork Reduction Act
The collections of information
contained in this notice of proposed
rulemaking have been submitted to the
Office of Management and Budget for
review in accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)). Comments on the
collections of information should be
sent to the Office of Management and
Budget, Attn: Desk Officer for the
Department of the Treasury, Office of
Information and Regulatory Affairs,
Washington, DC 20503, with copies to
the Internal Revenue Service, Attn: IRS
Reports Clearance Officer,
SE:W:CAR:MP:T:T:SP, Washington, DC
20224. Comments on the collection of
information should be received by May
10, 2007. Comments are specifically
requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Internal Revenue Service, including
whether the information will have
practical utility;
The accuracy of the estimated burden
associated with the proposed collection
of information;
How the quality, utility, and clarity of
the information to be collected may be
enhanced;
How the burden of complying with
the proposed collection of information
may be minimized, including through
the application of automated collection
techniques or other forms of information
technology; and
Estimates of capital or start-up costs
and costs of operation, maintenance,
and purchase of service to provide
information.
The collection of information in this
proposed regulation is in § 1.181–2T(c).

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Federal Register / Vol. 72, No. 27 / Friday, February 9, 2007 / Proposed Rules
This information is required to verify
that the production cost of the film or
television production for which the
deduction under section 181 of the
Internal Revenue Code is claimed does
not exceed the statutory production cost
limit, that at least 75 percent of the
compensation from the production is
compensation for services performed in
the United States, that production costs
deducted under section 181(a)(2)(B) are
sustantially incurred in the specific
areas designated in section 181(a)(2)(B),
and that, in situations in which more
than one taxpayer is claiming a
deduction for a single production, the
total deduction for the production does
not exceed the statutory limit. The
collection of information is mandatory.
The likely recordkeepers are business or
other for-profit institutions, and small
businesses or organizations.
Estimated total annual recordkeeping
burden: 1,500 hours.
The estimated annual burden per
recordkeeper varies from 2 to 4 hours,
depending on individual circumstances,
with an estimated average of 3 hours.
Estimated number of recordkeepers:
500.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid control
number assigned by the Office of
Management and Budget.
Books or records relating to a
collection of information must be
retained as long as their contents may
become material in the administration
of any internal revenue law. Generally,
tax returns and tax return information
are confidential, as required by 26
U.S.C. 6103.

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Background
The temporary regulations in the
Rules and Regulations section of this
issue of the Federal Register contain
amendments to 26 CFR part 1 to provide
regulations under section 181 of the
Internal Revenue Code of 1986 (Code).
Section 181 was added to the Code by
section 244 of the American Jobs
Creation Act of 2004, Public Law No.
108–357 (118 Stat. 1418) (Oct. 22, 2004),
and was modified by section 403(e) of
the Gulf Opportunity Zone Act of 2005,
Public Law No. 109–135 (119 Stat. 2577)
(Dec. 21, 2005).
Explanation of Provisions
The temporary regulations in the
Rules and Regulations section of this
issue of the Federal Register amend the
Income Tax Regulations (26 CFR part 1)
to add regulations under section 181 of
the Internal Revenue Code of 1986
(Code). The text of the temporary

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regulations also serves as the text of
these proposed regulations. The
preamble to the temporary regulations
explains these proposed regulations.
Special Analyses
It has been determined that this notice
of proposed rulemaking 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) and (d) of the Administrative
Procedure Act (5 U.S.C. chapter 5) does
not apply to these regulations. It is
hereby certified that this regulation will
not have a significant economic impact
on a substantial number of small
entities. The proposed regulations
impose a collection of information on
small entities in order to demonstrate
eligibilty for tax benefits under the
statute, and this collection of
information will require recordkeeping.
This collection of information is
discussed elsewhere in this preamble.
However, the recordkeeping required by
this collection of information does not
differ significantly from the
recordkeeping that a taxpayer must
perform in order to determine whether
the taxpayer is eligible to claim a
deduction under the statute.
Consequently, the economic impact on
small entities resulting from the
recordkeeping required under this
regulation is de minimis. Accordingly, a
regulatory flexibility analysis is not
required. We request comment on the
accuracy of this certification. Pursuant
to section 7805(f) of the Code, this
regulation has been submitted to the
Chief Counsel for Advocacy of the Small
Business Administration for comment
on its impact on small business.
Comments and Requests for a Public
Hearing
Before these proposed regulations are
adopted as final regulations,
consideration will be given to any
written comments (a signed original and
eight (8) copies) or electronically
generated comments that are submitted
timely to the IRS. The IRS and Treasury
Department generally request comments
on the clarity of the proposed rule and
how it may be made easier to
understand. All comments will be
available for public inspection and
copying. A public hearing may be
scheduled if requested in writing by a
person who timely submits comments.
If a public hearing is scheduled, notice
of the date, time, and place for the
hearing will be published in the Federal
Register.

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6191

Drafting Information
The principal author of these
regulations is Bernard P. Harvey, Office
of Associate Chief Counsel
(Passthroughs and Special Industries).
However, other personnel from the IRS
and Treasury Department participated
in their development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Proposed Amendments to the
Regulations
Accordingly, 26 CFR part 1 is
amended as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read as follows:
Authority: 26 U.S.C. 7805 * * *

Par. 2. Sections 1.181–0 through
1.181–6 are added as follows:
§ 1.181–0

Table of contents.

[The text of this proposed section is
the same as the text of § 1.181–0T
published elsewhere in this issue of the
Federal Register.]
§ 1.181–1 Deduction for qualified film and
television production costs.

[The text of this proposed section is
the same as the text of § 1.181–1T
published elsewhere in this issue of the
Federal Register.]
§ 1.181–2

Election.

[The text of this proposed section is
the same as the text of § 1.181–2T
published elsewhere in this issue of the
Federal Register.]
§ 1.181–3 Qualified film or television
production.

[The text of this proposed section is
the same as the text of § 1.181–3T
published elsewhere in this issue of the
Federal Register.]
§ 1.181–4

Special rules.

[The text of this proposed section is
the same as the text of § 1.181–4T
published elsewhere in this issue of the
Federal Register.]
§ 1.181–5

Examples.

[The text of this proposed section is
the same as the text of § 1.181–5T
published elsewhere in this issue of the
Federal Register.]
§ 1.181–6

Effective date.

[The text of this proposed section is
the same as the text of § 1.181–6T

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Federal Register / Vol. 72, No. 27 / Friday, February 9, 2007 / Proposed Rules

published elsewhere in this issue of the
Federal Register.]
Kevin M. Brown,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. E7–2153 Filed 2–8–07; 8:45 am]
BILLING CODE 4830–01–P

DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket No. FEMA–B–7706]

Proposed Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule.
AGENCY:

SUMMARY: Technical information or
comments are requested on the
proposed Base (1% annual chance)
Flood Elevations (BFEs) and proposed
BFEs modifications for the communities
listed below. The BFEs are the basis for
the floodplain management measures
that the community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
remain qualified for participation in the
National Flood Insurance Program
(NFIP).
DATES: The comment period is ninety
(90) days following the second
publication of this proposed rule in a
newspaper of local circulation in each
community.
ADDRESSES: The proposed BFEs for each
community are available for inspection
at the office of the Chief Executive

Flooding source(s)

Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT:
William R. Blanton, Jr., Engineering
Management Section, Mitigation
Division, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472 (202) 646–3151.
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.
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.
Regulatory Classification
This proposed rule is not a significant
regulatory action under the criteria of
section 3(f) of Executive Order 12866 of
September 30, 1993, Regulatory
Planning and Review, 58 FR 51735.
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:

* Elevation in feet (NGVD)
+ Elevation in feet (NAVD)
# Depth in feet above
ground

Location of referenced elevation

Effective

Communities affected

Modified

Cleveland County, Oklahoma, and Incorporated Areas
Dave Blue Creek North .........

East Rock Creek ...................

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Stream B ...............................

Tributary 0 of Canadian River
Tributary 1.

Approximately 100 feet downstream of State Highway
9.
Approximately 3000 feet upstream from State Highway 9.
Approximately 500 feet downstream from 36th Ave ....
Approximately 4500 feet upstream from 36th Ave ......
Approximately 1000 feet upstream from confluence
with North Fork River.
Approximately 1900 feet upstream from SE 19th St ...
Confluence with Canadian Tributary 1 .........................

Approximately 700 feet upstream from North Nottingham Way.
* National Geodetic Vertical Datum.

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None

+1120

None

+1131

None
None
*1143

+1118
+1139
+1142

City of Moore.

None
*1178

+1165
+1179

City of Moore.

None

+1290

City of Oklahoma City.

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City of Norman.

City of Norman.