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71086 Federal Register / Vol. 64, No.

243 / Monday, December 20, 1999 / Proposed Rules

$20,000 to B out of the receipts from the (f) Effective date. This section is Because this rulemaking has been
facility. Assuming accurate records are kept, applicable for any money or other superseded by an Act of Congress, the
the $700,000 advance is a contribution to the property received by a regulated public Office is closing the above-captioned
capital of A under paragraph (a) of this utility that provides water or sewerage docket number and is terminating this
section and is excludable from A’s income.
The basis of the $700,000 facility constructed
disposal services on or after the date proceeding.
with this contribution to capital is zero. The final regulations are published in the Dated: December 15, 1999.
$300,000 excess amount is not a contribution Federal Register.
Marybeth Peters,
to the capital of A under paragraph (a) of this Robert E. Wenzel,
Register of Copyrights.
section because it does not meet the Deputy Commissioner of Internal Revenue.
expenditure rule described in paragraph [FR Doc. 99–37906 Filed 12–17–99; 8:45 am]
[FR Doc. 99–32693 Filed 12–17–99; 8:45 am]
(c)(1) of this section. However, this excess BILLING CODE 1410–31–M
amount is not includible in A’s income
pursuant to paragraph (c)(2)(ii) of this section
since the amount is repaid to B within the ENVIRONMENTAL PROTECTION
required time period. The repayment of the LIBRARY OF CONGRESS AGENCY
$300,000 excess amount to B in 2000 is not
treated as a capital expenditure by A. The Copyright Office
40 CFR Part 52
$20,000 payment to B in 2001 is treated as
a capital expenditure by A in 2001 resulting 37 CFR Part 201 [NM39–1–7416b; FRL–6504–8]
in an increase in the adjusted basis of the
[Docket No. RM 98–1A]
water facility from zero to $20,000. Approval and Promulgation of
(e) Statute of limitations—(1) Satellite Carrier Statutory License; Implementation Plans and Designation
Extension of statute of limitations. Definition of Unserved Household of Areas for Air Quality Planning
Under section 118(d)(1), the statutory Purposes; State of New Mexico;
AGENCY: Copyright Office, Library of Approval Revised Maintenance Plan
period for assessment of any deficiency Congress.
attributable to a contribution to capital for Albuquerque/Bernalillo County;
ACTION: Notice of termination. Albuquerque/Bernalillo County, NM;
under paragraph (a) of this section does
not expire before the expiration of 3 Carbon Monoxide
SUMMARY: The Copyright Office of the
years after the date the taxpayer notifies Library of Congress is closing this AGENCY: Environmental Protection
the Secretary in the time and manner rulemaking to determine whether local Agency (EPA).
prescribed in paragraph (e)(2) of this retransmissions are covered by the ACTION: Proposed rulemaking.
section. section 119 satellite statutory license
(2) Time and manner of notification. because the matter has been resolved by SUMMARY: The EPA is taking direct final
Notification is made by attaching a passage of the Satellite Home Viewer action on a revision to the State
statement to the taxpayer’s federal Improvement Act of 1999. Implementation Plan for New Mexico.
income tax return for the taxable year in FOR FURTHER INFORMATION CONTACT: This action revises the carbon monoxide
which any of the reportable items in David O. Carson, General Counsel, or maintenance plan, that was adopted by
paragraphs (e)(2)(i) through (iii) of this William J. Roberts, Senior Attorney for the City of Albuquerque during
section occur. The statement must Compulsory Licenses, P.O. Box 70977, redesignation to attainment.
contain the taxpayer’s name, address, Southwest Station, Washington, DC Albuquerque requested approval of the
employer identification number, taxable 20024. Telephone: (202) 707–8380. Fax: revision to the CO maintenance plan
year and the following information with (202) 252–3423. under section 175A of the Act. In the
respect to contributions of property SUPPLEMENTARY INFORMATION: On final rules section of this Federal
other than water or sewerage disposal January 26, 1998, by petition from Register, we are approving the revision
facilities that are subject to the EchoStar Communications Corporation as a direct final rule without prior
expenditure rule described in paragraph (‘‘EchoStar’’), the Copyright Office proposal, because we view this as a
(c) of this section: opened this rulemaking proceeding to noncontroversial action and anticipate
(i) The amount of contributions in aid consider whether the section 19 satellite no adverse comments. A detailed
of construction expended during the carrier statutory license was broad rationale for the approval is set forth in
taxable year for property described in enough in scope to encompass satellite the direct final rule. If no adverse
section 118(c)(2)(A) (qualified property) retransmission of television broadcast comments are received in response to
as required under paragraph (c)(1) of stations to subscribers who resided this rule, no further activity is
this section, identified by taxable year within the local markets of those contemplated in relation to this rule. If
in which the contributions were stations. 63 FR 3685 (January 26, 1998). we receive adverse comments, the direct
received. It was the second time in two years that final rule will be withdrawn, and all
(ii) The amount of contributions in the Copyright Office had been requested public comments received will be
aid of construction that the taxpayer to consider whether section 119 covered addressed in a subsequent final rule
does not intend to expend for qualified local retransmissions. based on this proposed rule. We will not
property as required under paragraph The passage of the Satellite Home institute a second comment period on
(c)(1) of this section, identified by Viewer Improvement Act of 1999 this action. Any parties interested in
taxable year in which the contributions (‘‘SHVIA’’) has rendered this commenting on this action should do so
were received. rulemaking proceeding moot. Congress at this time. Please see the direct final
(iii) The amount of contributions in has clarified that local retransmissions notice of this action located elsewhere
aid of construction that the taxpayer are not covered by the section 119 in today’s Federal Register for a
failed to expend for qualified property license. Instead, they are covered by the detailed description of the New Mexico
as required under paragraph (c)(1) of new, royalty-free section 122 license revision to the SIP.
this section, identified by taxable year that is expressly limited to local In the ‘‘Rules and Regulations’’
in which the contributions were retransmissions of television broadcast section of this Federal Register, EPA is
received. stations by satellite carriers. approving Albuquerque’s SIP revision

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