6228 Federal Register / Vol. 74, No. 24 / Friday, February 6, 2009 / Rules and Regulations 

banking agency, that the member bank 

may not use this exemption. 

■ 3. Revise § 223.56 to read as follows: 

§ 223.56 What transactions are exempt 

from the market-terms requirement of 

section 23B? 

The following transactions are exempt 

from the market-terms requirement of 

§ 223.51. 

(a) Purchases of certain asset-backed 

commercial paper. Purchases of assetbacked commercial paper from an 

affiliated SEC-registered open-end 

investment company that holds itself 

out as a money market mutual fund 

under SEC Rule 2a–7 (17 CFR 270.2a– 

7), if the member bank: 

(1) Purchases the asset-backed 

commercial paper on or after September 

19, 2008; 

(2) Pledges the asset-backed 

commercial paper to a Federal Reserve 

Bank to secure financing from the assetbacked commercial paper lending 

facility (AMLF) established by the Board 

on September 19, 2008; and 

(3) Has not been specifically informed 

by the Board, after consultation with the 

member bank’s appropriate Federal 

banking agency, that the member bank 

may not use this exemption. 

(b) [Reserved]. 

By order of the Board of Governors of the 

Federal Reserve System, January 30, 2009. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. E9–2338 Filed 2–5–09; 8:45 am] 

BILLING CODE 6210–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DOD–2007–HA–0048] 

RIN 0720–AB19 

TRICARE; Hospital Outpatient 

Prospective Payment System (OPPS): 

Delay of Effective Date and Additional 

Opportunity for Public Comment 

AGENCY: Office of the Secretary, 

Department of Defense. 

ACTION: Final rule; delay of effective 

date and opportunity for public 

comment. 

SUMMARY: On December 10, 2008, DoD 

published a final rule implementing the 

TRICARE Hospital Outpatient 

Prospective Payment System (OPPS), 

with an effective date of February 9, 

2009 (73 FR 74945). Since that date, 

DoD has determined that in order for 

administrative claims processing 

procedures to be fully in place to 

implement effectively the new OPPS 

payments, TRICARE’s OPPS will begin 

to apply to health care services provided 

on or after May 1, 2009. In the 

meantime, a memorandum of January 

20, 2009, from the Assistant to the 

President and Chief of Staff, entitled 

‘‘Regulatory Review,’’ published in the 

Federal Register on January 26, 2009, 

calls for agencies to consider delaying 

effective dates of rules not yet effective 

and inviting new public comment. In 

view of both of these developments, the 

Department is delaying the effective 

date of TRICARE’s OPPS until May 1, 

2009, and is inviting additional public 

comment on the final rule. Any timely 

public comments received will be 

considered and any changes to the final 

rule will be published in the Federal 

Register. 

DATES: The effective date of the OPPS 

final rule published December 10, 2008 

(73 FR 74945) is delayed until May 1, 

2009. Comments must be received on or 

before March 9, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

Regulatory Information Number (RIN) 

and title, by either of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http:// 

regulations.gov as they are received 

without change, including any personal 

identifiers or contact information. 

FOR FURTHER INFORMATION CONTACT: 

David E. Bennett or Martha M. Maxey, 

TRICARE Management Activity, 

Medical Benefits and Reimbursement 

Branch, telephone (303) 676–3494 or 

(303) 676–3627. 

Dated: February 3, 2009. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E9–2562 Filed 2–5–09; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2008–1263] 

Drawbridge Operation Regulation; 

Bayou Lacarpe, Mile 7.5, at Houma, 

Lafourche Parish, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the SR 661 

Vertical Lift Bridge across Bayou 

Lacarpe, mile 7.5, at Houma, Lafourche 

Parish, Louisiana. The deviation is 

necessary to replace all the wire ropes 

used to lift the movable span of the 

bridge. This deviation allows the bridge 

to remain closed during daytime hours 

and requires an advance notice for 

openings during the nighttime. 

DATES: This deviation is effective from 

9 a.m. on January 31, 2009 through 5 

p.m. on February 14, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008– 

1263 and are available online at 

www.regulations.gov. They are 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 Eighth Coast Guard District, 

Bridge Administration Branch, Hale 

Boggs Federal Building, Room 1313, 500 

Poydras Street, New Orleans, Louisiana 

70130–3310 between 7 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Bart 

Marcules, Bridge Administration 

Branch, telephone (504) 671–2128. 

SUPPLEMENTARY INFORMATION: Louisiana 

Department of Transportation and 

Development has requested a temporary 

deviation from the operating schedule of 

the State Route 661 Vertical Lift Bridge 

across Bayou Lacarpe, mile 7.5, at 

Houma, Lafourche Parish, Louisiana. 

The vertical clearance in the closed 

position is 3 feet, thus most vessels will 

not be able to pass underneath this 

bridge in the closed-to-navigation 

position. There may be times, during the 

closure period, when the draw will not 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 24 / Friday, February 6, 2009 / Rules and Regulations 6229 

be able to open for emergencies. The 

bridge normally operates in accordance 

with 33 CFR 117.460 on signal with at 

least a four hour advance notice except 

that it need not open on weekdays 

except holidays from 7 a.m. to 8:30 a.m. 

and 4:30 p.m. to 6 p.m. This deviation 

will allow the bridge to remain in the 

closed-to-navigation position from 9 

a.m. to 6 p.m. and will open on signal 

if at least 24 hour notice is given from 

6 p.m. to 9 a.m. starting January 31, 

2009 through February 14, 2009. During 

the closure periods the wire ropes used 

for lifting the movable span will all be 

changed. Navigation on the waterway 

consists of tugs with tows, fishing 

vessels and recreational craft. Due to 

prior experience, as well as 

coordination with waterway users, and 

an alternate route, it has been 

determined that this closure will not 

have a significant effect on these 

vessels. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: January 12, 2009. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. E9–2492 Filed 2–5–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0023] 

Drawbridge Operation Regulations; 

Nanticoke River, Seaford, DE 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has approved a 

temporary deviation from the 

regulations governing the operation of 

the SR 13 Bridge, at mile 39.6, across 

Nanticoke River, in Seaford, Delaware. 

Under this temporary deviation, the 

drawbridge will be allowed to operate 

on an advance notice basis on particular 

dates and times. The deviation is 

necessary to perform inspections of the 

electrical and mechanical systems. 

DATES: This deviation is effective from 

8 a.m. on February 6, 2009, to 5 p.m. on 

May 1, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0023 and are available online at 

http://www.regulations.gov. They are 

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 

Commander (dpb), Fifth Coast Guard 

District, Federal Building, 1st Floor, 431 

Crawford Street, Portsmouth, VA 

23704–5004 between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Waverly W. Gregory, Jr., Bridge 

Administrator, Fifth Coast Guard 

District, at (757) 398–6222. 

SUPPLEMENTARY INFORMATION: Hardesty 

and Hanover LLP Engineering, on behalf 

of the Delaware Department of 

Transportation (who owns and operates 

this swing-type drawbridge) requested a 

temporary deviation from the current 

operating schedule to perform 

inspections of the electrical and 

mechanical systems. 

The SR 13 Bridge, at mile 39.6, across 

Nanticoke River in Seaford, DE, has a 

vertical clearance of three feet, above 

mean high water in the closed-tonavigation position. The existing 

regulation is listed at 33 CFR 117.243(b). 

Vessel openings will be provided each 

day from 8 a.m. to 5 p.m. on February 

6, 2009, and from April 27 to May 1, 

2009, if at least two hours notice is 

given. 

The Coast Guard will inform the users 

of the waterway through our Local and 

Broadcast Notices to Mariners of the 

opening restrictions of the draw span to 

minimize transiting delays caused by 

the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: January 21, 2009. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch Fifth 

Coast Guard District. 

[FR Doc. E9–2499 Filed 2–5–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0022] 

Drawbridge Operation Regulations; 

Cedar Creek, Cedar Beach, DE 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has approved a 

temporary deviation from the 

regulations governing the operation of 

the SR 36 Bridge, at mile 0.5, across 

Cedar Creek, in Cedar Beach, Delaware. 

Under this temporary deviation, the 

drawbridge will be allowed to operate 

on an advance notice basis on particular 

dates and times. The deviation is 

necessary to perform inspections of the 

electrical and mechanical systems. 

DATES: This deviation is effective from 

8 a.m. on February 5, 2009, to 5 p.m. on 

April 3, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0022 and are available online at 

www.regulations.gov. They are 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 Commander (dpb), Fifth Coast 

Guard District, Federal Building, 1st 

Floor, 431 Crawford Street, Portsmouth, 

VA 23704–5004 between 8 a.m. and 4 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Waverly W. Gregory, Jr., Bridge 

Administrator, Fifth Coast Guard 

District, at (757) 398–6222. 

SUPPLEMENTARY INFORMATION: Hardesty 

and Hanover LLP Engineering, on behalf 

of the Delaware Department of 

Transportation (who owns and operates 

this swing-type drawbridge) requested a 

temporary deviation from the current 

operating schedule to perform 

inspections of the electrical and 

mechanical systems. 

The SR 36 Bridge, at mile 0.5, across 

Cedar Creek in Cedar Beach, DE, has a 

vertical clearance of two feet, above 

mean high water, in the closed-tonavigation position. The existing 

regulation is listed at 33 CFR 117.234. 


dwashington3 on PROD1PC60 with RULES