772 Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Rules and Regulations 

subject to the EAR (except for 

agricultural commodities, medicine, or 

medical devices, classified as EAR99 

and destined for entities whose property 

and interests in property are blocked 

pursuant to Executive Orders 13310, 

13448 or 13464) to— 

(i) Persons listed in the Annexes to 

Executive Order 13310 of July 28, 2003, 

Executive Order 13448 of October 18, 

2007 or Executive Order 13464 of April 

30, 2008; or 

(ii) Persons designated pursuant to 

Executive Order 13310, Executive Order 

13448 or Executive Order 13464. 

Note to paragraph (a)(1): All persons listed 

in or designated pursuant to Executive 

Orders 13310, 13448, or 13464 are identified 

with the reference [BURMA] on OFAC’s list 

of Specially Designated Nationals and 

Blocked Persons set forth in Appendix A to 

31 CFR Chapter V and on OFAC’s Web site 

at http://www.treas.gov/OFAC. Consistent 

with guidance issued by OFAC on February 

14, 2008, a person whose property and 

interests in property are blocked pursuant to 

an Executive Order or regulations 

administered by OFAC is considered to have 

an interest in all property and interests in 

property of an entity in which it owns, 

directly or indirectly, a 50% or greater 

interest. The property and interests in 

property of such an entity are blocked, 

regardless of whether the entity itself is listed 

in the annex to an Executive order or 

otherwise designated pursuant to such order. 

The OFAC guidance on this topic is available 

at http://www.treas.gov/offices/enforcement/ 

ofac/programs/common/ 

licensing_guidance.pdf. 

(2) To avoid duplication, U.S. persons 

are not required to seek separate BIS 

authorization for an export, reexport, or 

transfer to a person identified in 

paragraph (a) of this section of any item 

subject to both the EAR and regulations 

maintained by OFAC. Therefore, if 

OFAC authorizes an export from the 

United States or an export, reexport, or 

transfer by a U.S. person to a person 

identified in paragraph (a) of this 

section, no separate authorization from 

BIS is necessary. 

(3) U.S. persons must seek 

authorization from BIS for the export, 

reexport, or transfer to a person 

identified in paragraph (a) of this 

section of any item subject to the EAR 

(except for agricultural commodities, 

medicine, or medical devices, classified 

as EAR99 and destined for entities 

whose property and interests in 

property are blocked pursuant to 

Executive Orders 13310, 13448 or 

13464) but not subject to regulations 

maintained by OFAC. 

(4) Non-U.S. persons must seek 

authorization from BIS for the export 

from abroad, reexport, or transfer to a 

person identified in paragraph (a) of this 

section of any item subject to the EAR 

(except for agricultural commodities, 

medicine, or medical devices, classified 

as EAR99 and destined for entities 

whose property and interests in 

property are blocked pursuant to 

Executive Orders 13310, 13448 or 

13464). 

(5) Any export, reexport, or transfer to 

a person identified in paragraph (a) of 

this section by a U.S. person of any item 

subject both to the EAR and regulations 

maintained by OFAC and not 

authorized by OFAC is a violation of the 

EAR. 

(6) Any export, reexport, or transfer 

by a U.S. person to a person identified 

in paragraph (a) of this section of any 

item subject to the EAR (except for 

agricultural commodities, medicine, or 

medical devices, classified as EAR99 

and destined for entities whose property 

and interests in property are blocked 

pursuant to Executive Orders 13310, 

13448 or 13464) that is not subject to 

regulations maintained by OFAC and 

not authorized by BIS is a violation of 

the EAR. Any export from abroad, 

reexport, or transfer by a non-U.S. 

person to a person identified in 

paragraph (a) of this section of any item 

subject to the EAR (except for 

agricultural commodities, medicine, or 

medical devices, classified as EAR99 

and destined for entities whose property 

and interests in property are blocked 

pursuant to Executive Orders 13310, 

13448 or 13464) and not authorized by 

BIS is a violation of the EAR. 

(7) These licensing requirements 

supplement any other requirements set 

forth elsewhere in the EAR. 

(b) Exceptions. No License Exceptions 

or other BIS authorizations are available 

for export, reexport, or transfer to a 

person identified in paragraph (a) of this 

section of any item subject to the EAR 

(except for agricultural commodities, 

medicine, or medical devices, classified 

as EAR99 and destined for entities 

whose property and interests in 

property are blocked pursuant to 

Executive Orders 13310, 13448 or 

13464). 

(c) Licensing policy. Applications for 

licenses for the export, reexport, or 

transfer to a person identified in 

paragraph (a) of this section of any item 

subject to the EAR (except for 

agricultural commodities, medicine, or 

medical devices, classified as EAR99 

and destined for entities whose property 

and interests in property are blocked 

pursuant to Executive Orders 13310, 

13448 or 13464) will generally be 

denied. You should consult with OFAC 

concerning transactions subject to 

OFAC licensing requirements. 

(d) Contract sanctity. Contract 

sanctity provisions are not available for 

license applications reviewed under this 

section, except as available under 31 

CFR 537.210(c). 

Dated: January 2, 2009. 

Christopher R. Wall, 

Assistant Secretary for Export 

Administration. 

[FR Doc. E9–127 Filed 1–7–09; 8:45 am] 

BILLING CODE 3510–33–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4044 

Allocation of Assets in SingleEmployer Plans; Interest Assumptions 

for Valuing Benefits; Correction 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Correcting amendment. 

SUMMARY: The Pension Benefit Guaranty 

Corporation published in the Federal 

Register of December 29, 2008, a final 

rule amending its regulation on 

Allocation of Assets in Single-Employer 

Plans to adopt interest assumptions for 

plans with valuation dates in the first 

quarter of 2009. This document corrects 

inadvertent errors in that final rule. 

DATES: Effective January 8, 2009. 

Applicability date: January 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, Attorney, Legislative 

and Regulatory Department, Pension 

Benefit Guaranty Corporation, 1200 K 

Street, NW., Washington, DC 20005, 

202–326–4024. (TTY/TDD users may 

call the Federal relay service toll-free at 

1–800–877–8339 and ask to be 

connected to 202–326–4024.) 

SUPPLEMENTARY INFORMATION: The 

Pension Benefit Guaranty Corporation 

published a document in the December 

29, 2008, Federal Register (73 FR 

79362), amending its regulation on 

Allocation of Assets in Single-Employer 

Plans (29 CFR part 4044) to adopt 

interest assumptions for plans with 

valuation dates in the first quarter of 

2009. This document corrects 

inadvertent errors in the January, 

February, and March 2009 entries to 

Appendix B to part 4044. (There were 

no corresponding errors in the preamble 

to the document.) 

List of Subjects in 29 CFR Part 4044 

Employee benefit plans, Pension 

insurance, Pensions. 

■ Accordingly 29 CFR part 4044 is 

corrected by making the following 

correcting amendments: 


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Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Rules and Regulations 773 

PART 4044—ALLOCATION OF 

ASSETS IN SINGLE-EMPLOYER 

PLANS 

■ 1. The authority citation for part 4044 

continues to read as follows: 

Authority: 29 U.S.C. 1301(a), 1302(b)(3), 

1341, 1344, 1362. 

■ 2. In appendix B to part 4044, correct 

the entries for January, February, and 

March 2009, as set forth below, to read 

as follows: 

Appendix B to Part 4044—Interest 

Rates Used to Value Benefits 

* * * * * 

For valuation dates occurring in the month— 

The values of it are: 

it for t = it for t = it for t = 

* * * * * * * 

January 2009 .................................................................................................................... 0.0602 1–20 0.0548 >20 N/A N/A 

February 2009 .................................................................................................................. 0.0602 1–20 0.0548 >20 N/A N/A 

March 2009 ....................................................................................................................... 0.0602 1–20 0.0548 >20 N/A N/A 

Issued in Washington, DC, on this 5th day 

of January 2009. 

Vincent K. Snowbarger, 

Deputy Director for Operations, Pension 

Benefit Guaranty Corporation. 

[FR Doc. E9–141 Filed 1–7–09; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–8057] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the NFIP, 

42 U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59. Accordingly, the communities will 

be suspended on the effective date in 

the third column. As of that date, flood 

insurance will no longer be available in 

the community. However, some of these 

communities may adopt and submit the 

required documentation of legally 

enforceable floodplain management 

measures after this rule is published but 

prior to the actual suspension date. 

These communities will not be 

suspended and will continue their 

eligibility for the sale of insurance. A 

notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

In addition, FEMA has identified the 

Special Flood Hazard Areas (SFHAs) in 

these communities by publishing a 

Flood Insurance Rate Map (FIRM). The 

date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may legally be provided for 

construction or acquisition of buildings 

in identified SFHAs for communities 

not participating in the NFIP and 

identified for more than a year, on 

FEMA’s initial flood insurance map of 

the community as having flood-prone 

areas (section 202(a) of the Flood 

Disaster Protection Act of 1973, 42 

U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment under 5 U.S.C. 553(b) 

are impracticable and unnecessary 

because communities listed in this final 

rule have been adequately notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits flood insurance coverage 

unless an appropriate public body 

adopts adequate floodplain management 

measures with effective enforcement 

measures. The communities listed no 

longer comply with the statutory 

requirements, and after the effective 


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