The location of the public hearing on the Department of State's proposed rule making relating to Temporary Swimming Pool Enclosures purusant to notice published in the State Register on October 29, 2008 (I.D. No. DOS-44-08-00005-EP) has been changed. The hearing will be held at 10:00 a.m. on December 15, 2008 at 99 Washington Ave., Albany, NY, in Room 1135. (The hearing was originally scheduled to be held at the same time, date and address, in Room 1140.)

A meeting of the NYS Hearing Aid Dispensing Advisory Board will be held on Friday, December 12, 2008 at 10:30 a.m. at the New York State Department of State, 80 South Swan Street, 10th Floor Conference Room, Albany, NY.

Should you require further information, please contact: Debra Campana at [email protected] or 518-473-6155. Please always consult the Department of State website (www.dos.state.ny.us/about/calendar.htm) on the day before the meeting to be sure the meeting has not been postponed.

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program. The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue in Albany, New York.

In F-2008-0606 and F-2008-0607, John Kim and Paul Charczuk, respectively, have applied to the U.S. Army Corps of Engineers, New York District, for a permit to construct an approximately 262-foot long rock revetment along the shoreline of their respective properties at 221 and 223 Gerard Drive, on Gardiner’s Bay in the Town of East Hampton, Suffolk County, New York. The proposed revetment would required approximately 550 cubic yards of rock and 750 cubic yards of sand fill, and would be constructed to a uniform height of 7 feet above mean sea level. More than half of the proposed revetment would be constructed below Mean High Water within a state-designated Coastal Erosion Hazard Area. The stated purpose for the proposed revetment is to preserve and protect the two residences.

Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or, January 2, 2009.

Comments should be addressed to the New York State Department of State, Office of Coastal, Local Government and Community Sustainability, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464.

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

Pursuant to the provisions of subsection (j) of section 697 of the Tax Law, the Commissioner of Taxation and Finance hereby sets the overpayment rate of interest for the purposes of said subsection for the months of January, February, and March 2009, at 4 percent per annum; and sets the underpayment rate of interest for the purposes of said subsection for the months of January, February, and March 2009, at 6 percent per annum. These rates are applicable to the New York State personal income tax (Article 22 of the Tax Law - except for rates of interest payable by or to an employer with respect to income taxes required to be withheld and paid over by the employer pursuant to Part V of such Article 22), unincorporated business income tax (Article 23 of the Tax Law), estate tax (Article 26 of the Tax Law), gift tax (Article 26-A of the Tax Law), generation-skipping transfer tax (Article 26-B of the Tax Law), the New York City resident income tax (Article 30 of the Tax Law, Chapter 17 of the New York City Administrative Code), the New York City nonresident earnings tax (Article 2-E of the General City Law, Chapter 19 of the New York City Administrative Code), the City of Yonkers resident income tax surcharge (Article 30-A of the Tax Law, Article IX of the Codes and Ordinances of the City of Yonkers) and the City of Yonkers nonresident earnings tax (Article 30-B of the Tax Law, Article X of the Codes and Ordinances of the City of Yonkers).

Pursuant to the provisions of subsection (e) of section 1096 of the Tax Law, the Commissioner of Taxation and Finance hereby sets the overpayment rate of interest for the purposes of said subsection for the months of January, February, and March 2009, at 4 percent per annum; and sets the underpayment rate of interest for the purposes of said subsection for the months of January, February, and March 2009, at 7 percent per annum. These rates are applicable to the New York State corporation tax (Article 9 of the Tax Law), franchise tax on business corporations (Article 9-A of the Tax Law), franchise tax on state banks, trust companies, financial corporations and tax on savings and loan associations (Article 9-B of the Tax Law), tax on national banking associations and production credit associations (Article 9-C of the Tax Law), motor fuel and diesel motor fuel taxes (Article 12-A of the Tax Law), unrelated business income tax (Article 13 of the Tax Law), petroleum businesses tax (Article 13-A of the Tax Law), taxes on alcoholic beverages (Article 18 of the Tax Law), tax on beverage containers (Article 18-A of the Tax Law), taxes on boxing and wrestling exhibitions (Article 19 of the Tax Law), tax on cigarettes and tobacco products (Article 20 of the Tax Law), highway use tax (Article 21 of the Tax Law), interest payable by or to an employer with respect to income taxes required to be withheld and paid over by the employer pursuant to Part V of Article 22 of the Tax Law, tax on lubricating oil (Article 24 of the Tax Law), State and local sales and use taxes administered by the Commissioner of Taxation and Finance (Articles 28 and 29 of the Tax Law), special tax on passenger car rentals (Article 28-A of the Tax Law), real estate transfer tax (Article 31 of the Tax Law), tax on gains from real property transfers ( former Article 31-B of the Tax Law), franchise tax on banking corporations (Article 32 of the Tax Law), franchise taxes on insurance corporations (Article 33 of the Tax Law), tax on independently procured insurance (Article 33-A of the Tax Law), the special assessments on hazardous waste (section 27-0923 of the Environmental Conservation Law), waste tire management and recycling fee (section 27-1913 of the Environmental Conservation Law), and underpayments or overpayments of the mortgage recording tax (Article 11 of the Tax Law) in cities having a population of one million or more.

No underpayment rate set hereby shall be less than 6 percent per annum. The underpayment rate for taxes on beverage containers and for State and local sales and use taxes administered by the Commissioner of Taxation and Finance shall not be less than 14 percent per annum and the underpayment rate for taxes on lubricating oil shall not be less than 12 percent per annum. The underpayment rate for the special assessments on hazardous waste imposed by section 27-0923 of the Environmental Conservation Law shall be 15 percent.

For further information, including rates for previous periods, contact: William Ryan, Director, Taxpayer Guidance Division, Department of Taxation & Finance, W.A. Harriman Campus, Albany, NY 12227, (518) 457-2773