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

date, flood insurance will no longer be 

available in the communities unless 

remedial action takes place. 

Regulatory Classification. This final 

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 rule involves no 

policies that have federalism 

implications under Executive Order 

13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains. 

■ Accordingly, 44 CFR part 64 is 

amended as follows: 

PART 64—[AMENDED] 

■ 1. The authority citation for part 64 

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. 

§ 64.6 [Amended] 

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows: 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal assistance no longer 

available in 

SFHAs 

Region IV 

North Carolina: 

Bethania, Town of, Forsyth County ....... 370477 —, Emerg; April 24, 2002, Reg; January 2, 

2009, Susp.

Jan. 2, 2009 ..... Jan. 2, 2009. 

Clemmons, Village of, Forsyth County .. 370531 —, Emerg; June 27, 2000, Reg; January 2, 

2009, Susp.

......do ............... Do. 

Forsyth County, Unincorporated Areas 375349 March 19, 1971, Emerg; September 1, 

1972, Reg; January 2, 2009, Susp.

......do ............... Do. 

Kernersville, Town of, Forsyth County .. 370319 —, Emerg; June 27, 2000, Reg; January 2, 

2009, Susp.

......do ............... Do. 

Rural Hall, Town of, Forsyth County ..... 370606 —, Emerg; April 25, 2002, Reg; January 2, 

2009, Susp.

......do ............... Do. 

Tobaccoville, Village of, Forsyth County 370624 —, Emerg; August 13, 2002, Reg; January 

2, 2009, Susp.

......do ............... Do. 

Walkertown, Town of, Forsyth County .. 370679 —, Emerg; September 24, 2002, Reg; January 2, 2009, Susp.......do ............... Do. 

Winston-Salem, City of, Forsyth County 375360 March 19, 1971, Emerg; August 31, 1973, 

Reg; January 2, 2009, Susp.

......do ............... Do. 

Tennessee: 

Lawrence County, Unincorporated 

Areas.

470354 —, Emerg; December 10, 1998, Reg; January 2, 2009, Susp.......do ............... Do. 

Lawrenceburg, City of, Lawrence County.475437 January 7, 1972, Emerg; May 25, 1973, 

Reg; January 2, 2009, Susp.

......do ............... Do. 

Region V 

Illinois: 

Cortland, Town of, DeKalb County ....... 170181 April 5, 1979, Emerg; November 30, 1979, 

Reg; January 2, 2009, Susp.

......do ............... Do. 

DeKalb, City of, DeKalb County ............ 170182 February 25, 1972, Emerg; September 29, 

1978, Reg; January 2, 2009, Susp.

......do ............... Do. 

DeKalb County, Unincorporated Areas 170808 May 14, 1974, Emerg; September 4, 1985, 

Reg; January 2, 2009, Susp.

......do ............... Do. 

Genoa, City of, DeKalb County ............. 170183 October 31, 1975, Emerg; May 25, 1984, 

Reg; January 2, 2009, Susp.

......do ............... Do. 

Hinckley, Village of, DeKalb County ..... 170184 July 26, 1988, Emerg; September 21, 2000, 

Reg; January 2, 2009, Susp.

......do ............... Do. 

Sandwich, City of, DeKalb County ........ 170188 May 13, 1975, Emerg; February 27, 1984, 

Reg; January 2, 2009, Susp.

......do ............... Do. 

Shabbona, Village of, DeKalb County ... 170189 June 17, 1975, Emerg; September 1, 1986, 

Reg; January 2, 2009, Susp.

......do ............... Do. 

Wisconsin: 

Belleville, Village of, Dane County ........ 550159 July 15, 1975, Emerg; November 19, 1980, 

Reg; January 2, 2009, Susp.

......do ............... Do. 

Black Earth, Village of, Dane County .... 550079 August 7, 1975, Emerg; January 2, 1981, 

Reg; January 2, 2009, Susp.

......do ............... Do. 

Cottage Grove, Village of, Dane County 550617 July 11, 2000, Emerg; June 17, 2003, Reg; 

January 2, 2009, Susp.

......do ............... Do. 

DeForest, Village of, Dane County ....... 550082 April 16, 1975, Emerg; September 1, 1978, 

Reg; January 2, 2009, Susp.

......do ............... Do. 

Fitchburg, City of, Dane County ............ 550610 —, Emerg; August 23, 2001, Reg; January 

2, 2009, Susp.

......do ............... Do. 

Madison, City of, Dane County ............. 550083 July 17, 1975, Emerg; September 30, 1980, 

Reg; January 2, 2009, Susp.

......do ............... Do. 


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Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Rules and Regulations 775 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal assistance no longer 

available in 

SFHAs 

Marshall, Village of, Dane County ......... 550084 July 15, 1975, Emerg; December 16, 1980, 

Reg; January 2, 2009, Susp.

......do ............... Do. 

Mazomanie, Village of, Dane County .... 550085 July 29, 1975, Emerg; December 1, 1981, 

Reg; January 2, 2009, Susp.

......do ............... Do. 

McFarland, Village of, Dane County ..... 550086 April 17, 1975, Emerg; June 15, 1978, Reg; 

January 2, 2009, Susp.

......do ............... Do. 

Monona, City of, Dane County .............. 550088 March 25, 1975, Emerg; June 15, 1978, 

Reg; January 2, 2009, Susp.

......do ............... Do. 

Oregon, Village of, Dane County .......... 550089 May 28, 1974, Emerg; September 30, 1980, 

Reg; January 2, 2009, Susp.

......do ............... Do. 

Stoughton, City of, Dane County .......... 550091 April 15, 1975, Emerg; June 15, 1978, Reg; 

January 2, 2009, Susp.

......do ............... Do. 

Sun Prairie, City of, Dane County ......... 550573 —, Emerg; December 11, 1995, Reg; January 2, 2009, Susp.......do ............... Do. 

Verona, City of, Dane County ............... 550092 June 24, 1975, Emerg; August 1, 1980, 

Reg; January 2, 2009, Susp.

......do ............... Do. 

Waunakee, Village of, Dane County ..... 550093 May 29, 1975, Emerg; May 1, 1978, Reg; 

January 2, 2009, Susp.

......do ............... Do. 

Region VII 

Kansas: 

Redfield, City of, Bourbon County ......... 200025 June 4, 1976, Emerg; August 1, 1986, Reg; 

January 2, 2009, Susp.

......do ............... Do. 

Nebraska: 

Brady, Village of, Lincoln County .......... 310141 September 15, 1975, Emerg; June 3, 1986, 

Reg; January 2, 2009, Susp.

......do ............... Do. 

Lincoln County, Unincorporated Areas 310452 February 28, 1983, Emerg; August 1, 1987, 

Reg; January 2, 2009, Susp.

......do ............... Do. 

Maxwell, Village of, Lincoln County ...... 310300 August 26, 1977, Emerg; September 27, 

1985, Reg; January 2, 2009, Susp.

......do ............... Do. 

North Platte, City of, Lincoln County ..... 310143 January 14, 1974, Emerg; November 1, 

1979, Reg; January 2, 2009, Susp.

......do ............... Do. 

Sutherland, Village of, Lincoln County .. 310144 February 5, 1975, Emerg; September 27, 

1985, Reg; January 2, 2009, Susp.

......do ............... Do. 

* do = Ditto. 

Code for reading third column: Emerg—Emergency; Reg—Regular; Susp—Suspension. 

Dated: December 24, 2008. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–75 Filed 1–7–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–B–1027] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

From the date of the second 

publication of these changes in a 

newspaper of local circulation, any 

person has ninety (90) days in which to 

request through the community that the 

Mitigation Assistant Administrator of 

FEMA reconsider the changes. The 

modified BFEs may be changed during 

the 90-day period. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Engineering 

Management Branch, Mitigation 

Directorate, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–3151. 

SUPPLEMENTARY INFORMATION: The 

modified BFEs are not listed for each 

community in this interim rule. 

However, the address of the Chief 

Executive Officer of the community 

where the modified BFE determinations 

are available for inspection is provided. 

Any request for reconsideration must 

be based on knowledge of changed 

conditions or new scientific or technical 

data. 

The modifications are made pursuant 

to section 201 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

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

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required to either 

adopt or to show evidence of being 


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