13340 Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Rules and Regulations 

eligible immigration status under HUD’s 

noncitizens regulations, nor do they 

interfere with existing requirements 

relative to proration of assistance or 

screening for such families, or authorize 

their eviction or denial of admission on 

the basis of the new requirements 

pertaining to obtaining social security 

numbers. 

The February 11, 2009, notice 

solicited comments specifically on a 

delayed effective date, but also generally 

on the January 27, 2009 final rule. HUD 

received approximately 50 comments in 

response to the February 11, 2009, 

notice. The majority of comments were 

supportive of a delayed effective date. 

The majority of the commenters also 

raised additional questions and 

comments about various aspects of the 

January 27, 2009, final rule. 

II. This Final Rule 

Through this final rule, HUD delays 

the effective date of the January 27, 

2009, final rule until September 30, 

2009. A delay until September 30, 2009 

will provide HUD with additional time 

to review the public comments received 

in response to the February 11, 2009, 

notice, respond to those comments in a 

subsequent publication, and consider 

whether additional regulations or 

changes to the regulations in the January 

27, 2009, final rule are necessary or 

appropriate. Since September 30, 2009, 

is the date in the January 27, 2009, final 

rule for multifamily housing owners and 

management agents to implement the 

use of EIV, the Department has 

determined not to provide additional 

delay in implementation in the use of 

EIV for multifamily housing owners and 

management agents as provided in the 

January 27, 2009, final rule. The 

implementation date for public housing 

agencies, multifamily housing owners, 

and management agents will now all be 

the same as the new effective date, 

September 30, 2009. Should HUD 

determine that additional rulemaking is 

necessary or appropriate, HUD will 

provide the public with the opportunity 

to comment on any proposed changes to 

the regulations in the January 27, 2009, 

final rule. 

Dated: March 24, 2009. 

Paula O. Blunt, 

General Deputy Assistant Secretary for Public 

and Indian Housing. 

[FR Doc. E9–6942 Filed 3–26–09; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

Determination of Interest Expense 

Deduction of Foreign Corporations 

CFR Correction 

In Title 26 of the Code of Federal 

Regulations, Part 1 (§§ 1.851 to 1.907), 

revised as of April 1, 2008, on page 436, 

in § 1.882–5, reinstate paragraph 

(d)(2)(ii)(B) to read as follows: 

§ 1.882–5 Determination of interest 

deduction. 

* * * * * 

(d) * * * 

(2) * * * 

(ii) * * * 

(B) Identified liabilities not properly 

reflected. A liability is not properly 

reflected on the books of the U.S. trade 

or business merely because a foreign 

corporation identifies the liability 

pursuant to § 1.884–4(b)(1)(ii) and (b)(3). 

* * * * * 

[FR Doc. E9–6944 Filed 3–26–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9446] 

RIN 1545–BGO9 

Gain Recognition Agreements With 

Respect to Certain Transfers of Stock 

or Securities by United States Persons 

to Foreign Corporations; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correcting amendments. 

SUMMARY: This document contains 

corrections to final regulations (TD 

9446) that were published in the 

Federal Register on Wednesday, 

February 11, 2009 concerning gain 

recognition agreements filed by United 

States persons with respect to transfers 

of stock or securities to foreign 

corporations. 

DATES: This correction is effective on 

March 27, 2009, and is applicable on 

March 13, 2009. 

FOR FURTHER INFORMATION CONTACT: S. 

James Hawes, (202) 622–3860 (not a tollfree number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations that are the 

subject of this document are under 

section 367(a) of the Internal Revenue 

Code. 

Need for Correction 

The final regulations (TD 9446) that 

were published in the Federal Register 

on February 11, 2009 (74 FR 6952), 

inadvertently removed Treas. Reg. 

§ 1.367(a)–3T in its entirety rather than 

removing § 1.367(a)–3T(e), (f)(1), (f)(2), 

and the second sentence of § 1.367(a)– 

3T(f)(3). This document correctly adds 

the text of § 1.367(a)–3T back into the 

Code of Federal Regulations. 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Correction of Publication 

■ Accordingly, 26 CFR part 1 is 

corrected by making the following 

correcting amendments: 

PART 1—INCOME TAXES 

■ Paragraph 1. The authority citation 

for part 1 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

■ Par. 2. Section 1.367(a)–3T is added 

to read as follows: 

§ 1.367(a)–3T Treatment of transfers of 

stock or securities to foreign corporations 

(temporary). 

(a) through (b)(2)(i)(B) [Reserved]. For 

further guidance, see § 1.367(a)–3(a) 

through (b)(2)(i)(B). 

(b)(2)(i)(C) If in connection with a 

transaction described in § 1.367(b)–14T, 

one or more U.S. persons transfer stock 

of T, as defined in § 1.358–6(b)(1)(iii), to 

a corporation in a transfer described in 

section 367(a), and the amount of gain 

in the T stock that would otherwise be 

recognized under section 367(a) is less 

than the deemed distribution that would 

result from the adjustments made under 

§ 1.367(b)–14T and that would be 

treated as a dividend under section 

301(c)(1), then section 367(b), and not 

section 367(a), shall apply to such 

transaction. This paragraph (b)(2)(i)(C) 

applies to transfers occurring on or after 

May 23, 2008. 

(b)(2)(ii) through (f) [Reserved]. For 

further guidance, see § 1.367(a)– 

3(b)(2)(ii) through (f). 

(g) Effective/applicability date. 

Paragraph (b)(2)(i)(C) of this section 

applies to transfers occurring on or after 

May 23, 2008. 

(h) Expiration date. The applicability 

of paragraph (b)(2)(i)(C) of this section 

expires on May 23, 2011. 


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Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Rules and Regulations 13341 

■ Par. 3. Section 1.367(a)–8(r)(2) is 

amended by revising the paragraph 

heading to read as follows: 

§ 1.367(a)–8 Gain recognition agreement 

requirements. 

* * * * * 

(r) * * * 

(2) Applicability to transfers occurring 

before March 13, 2009 * * * 

* * * * * 

Robin Jones, 

Federal Register Liaison, Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel (Procedure 

and Administration). 

[FR Doc. E9–6871 Filed 3–26–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 602 

OMB Control Numbers Under the 

Paperwork Reduction Act 

CFR Correction 

In Title 26 of the Code of Federal 

Regulations, Part 600 to End, revised as 

of April 1, 2008, on page 145, in 

§ 602.101, in the table in paragraph (b), 

add the entry ‘‘1545–1511’’ to the 

second column for § 1.468A–7T and 

remove the entry ‘‘1.545–1511,’’ from 

the first column following § 1.468A– 

3T(h). 

[FR Doc. E9–6943 Filed 3–26–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2009–0005] 

RIN 1625–AA87 

Temporary Security Zone; Freeport 

LNG Basin, Freeport, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

in the Freeport LNG Basin. This security 

zone is needed to protect vessels, 

waterfront facilities, the public, and 

other surrounding areas from 

destruction, loss, or injury caused by 

sabotage, subversive acts, accidents, or 

other actions of a similar nature. Entry 

into this zone would be prohibited, 

except for vessels that have obtained the 

express permission from the Captain of 

the Port Houston-Galveston or his 

designated representative. 

DATES: This rule is effective from 12 

p.m. (noon) on January 15, 2009 until 12 

a.m. (noon) on April 30, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket [USCG–2009– 

0005] and are available online by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0005 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is also available for inspection 

or copying at two locations: the Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays and the Marine 

Safety Unit Galveston, 3101 FM 2004 

Texas City, Texas 77591 between 8 a.m. 

and 4:30 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Cliff Harder, Marine Safety 

Unit Galveston, Texas, at 409–978– 

2705. If you have questions on viewing 

the docket, call Renee V. Wright, 

Program Manager, Docket Operations, 

telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing a NPRM, and under 

5 U.S.C. 553(d)(3), good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Publishing a NPRM and 

delaying its effective date would be 

contrary to public interest since 

immediate action is needed to reduce 

potential methods of attack on vessels, 

waterfront facilities, and adjacent 

population centers located within the 

zones. 

Background and Purpose 

Heightened awareness of potential 

terrorist acts requires enhanced security 

of our ports, harbors, and vessels. To 

enhance security, the Captain of the Port 

Houston-Galveston is establishing a 

temporary security zone. 

This rule will create a new temporary 

security zone within the port of 

Freeport, TX. This zone would protect 

waterfront facilities, persons, and 

vessels from subversive or terrorist acts. 

Vessels operating within the Captain of 

the Port Houston-Galveston Zone are 

potential targets of terrorist attacks, or 

potential launch platforms for terrorist 

attacks on other vessels, waterfront 

facilities, and adjacent population 

centers. 

This zone is being established for an 

area concentrated with commercial 

facilities considered critical to national 

security. This rule is not designed to 

restrict access to vessels engaged or 

assisting in commerce with waterfront 

facilities within the security zones, 

vessels operated by port authorities, 

vessels operated by waterfront facilities 

within the security zones, and vessels 

operated by federal, state, county or 

municipal agencies. By limiting access 

to this area the Coast Guard would 

reduce potential methods of attack on 

vessels, waterfront facilities, and 

adjacent population centers located 

within the zones. All such vessels, 

which are listed in 33 CFR 165.814(c), 

desiring to enter this zone would be 

required to obtain express permission 

from the Captain of the Port HoustonGalveston or his designated 

representative prior to entry. 

Discussion of Rule 

The Captain of the Port HoustonGalveston is establishing a temporary 

security zone in the Freeport LNG 

Basin. The zone would encompass all 

waters shoreward of a line drawn 

between the eastern point at 28°56′25′′ 

N, 095°18′13′′ W, and the western point 

at 28°56′28′′ N, 095°18′31′′ W. This 

security zone would be part of a 

comprehensive port security regime 

designed to safeguard human life, 

vessels, and waterfront facilities against 

sabotage or terrorist attacks. 

All vessels not exempted under this 

rule would be prohibited from entering 

the security zone unless authorized by 

the Captain of the Port HoustonGalveston or his designated 

representative. In Houston, vessels can 

contact the Captain of the Port HoustonGalveston through Vessel Traffic Service 

Houston/Galveston on VHF Channel 5A, 

by telephone at 713–671–5103, or by 

facsimile at 713–671–5159. In Freeport, 

vessels can contact the Captain of the 

Port Houston-Galveston through Marine 

Safety Unit Galveston, by telephone at 

409–978–2700, or by facsimile at 409– 

978–2671. This rule is effective from 12 

a.m. (noon) on January 15, 2009 until 12 

a.m. (noon) on April 30, 2009. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 


sroberts on PROD1PC70 with RULES