54200 Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Notices 

which the DOT would require the 

borrower to agree and certain project 

specific terms that must be separately 

negotiated for each transaction. The 

DOT expects that these terms may be 

modified periodically to reflect changes 

in TIFIA policies and practices. The 

DOT seeks public comment regarding 

the terms contained in the template 

term sheet. The template term sheet can 

be viewed at the docket established for 

this notice or at the TIFIA Web site at 

http://tifia.fhwa.dot.gov. 

The DOT has also developed a 

template loan agreement. In order to 

receive the DOT’s commitment to an 

expedited process, an applicant must 

agree that the standard template loan 

agreement is acceptable in form and 

substance, subject only to modifications 

required to conform the agreement to 

the terms and conditions of the agreed 

upon term sheet. The DOT expects that 

these terms may be modified 

periodically to reflect changes in TIFIA 

policies and practices. The DOT seeks 

public comment regarding the terms 

contained in the template loan 

agreement. The template loan agreement 

can be viewed at the docket established 

for this notice or at the TIFIA Web site 

at http://tifia.fhwa.dot.gov. 

The DOT is aware that some of the 

terms in the template term sheet and 

template loan agreement may be 

unsuitable for transactions involving 

eligible transit projects. The DOT seeks 

public comment regarding which terms 

would need to be amended for 

transactions involving eligible transit 

projects developed pursuant to a 

concession agreement with senior bank 

and/or bond debt facilities. 

Should an applicant seek terms that 

deviate from those in the template term 

sheet or the template loan agreement, 

the DOT may still commit to an 

expedited process, but only after the 

revised terms have been agreed to by the 

DOT. Items that require the TIFIA JPO’s 

due diligence review (e.g., traffic and 

revenue studies, senior loan documents, 

inter-creditor agreements, rating letters, 

etc.) do not need to be in final form for 

DOT to commit to the expedited 

process; however, DOT’s commitment 

will be subject to receipt and due 

diligence analysis of final versions 

similar in every material respect to the 

draft versions reviewed by the JPO prior 

to the commitment. 

Projects that require material 

deviations from the terms in the 

template term sheet or the template loan 

agreement, as determined by the DOT in 

its sole discretion, would not be eligible 

for the expedited process. In these 

circumstances, the DOT will maintain 

the same approach to loan negotiations 

that has always characterized the TIFIA 

program. 

Authority: 23 U.S.C 315 and 23 U.S.C. 

601–609; 49 CFR 1.48(b)(6), 49 CFR Part 80. 

Issued on: September 12, 2008. 

Thomas J. Madison, Jr., 

Federal Highway Administrator. 

[FR Doc. E8–21783 Filed 9–17–08; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in Delaware 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by FHWA 

and Other Federal Agencies. 

SUMMARY: This notice announces actions 

taken by the FHWA and other Federal 

agencies that are final within the 

meaning of 23 U.S.C. 139(l)(1). The 

actions relate to: a proposed highway 

project, the U.S. 301: MD/DE Line to 

SR1, South of the C&D Canal, New 

Castle County, Delaware, including the 

new 13 mile long U.S. 301 mainline on 

new alignment between the Delaware/ 

Maryland state line and State Route (SR) 

1, and the new 3.5 mile long Spur Road, 

on new alignment from proposed U.S. 

301 in the vicinity of Armstrong Corner 

Road to the Summit Bridge, south of the 

Chesapeake and Delaware (C&D) Canal, 

State of Delaware. Those actions grant 

approvals for both parts of the proposed 

project. 

DATES: By this notice, the FHWA is 

advising the public of final agency 

actions subject to 23 U.S.C. 139(l)(1). A 

claim seeking judicial review of the 

Federal agency actions on the highway 

project will be barred unless the claim 

is filed on or before March 17, 2009. If 

the Federal law that authorizes judicial 

review of a claim provides a time period 

of less than 180 days for filing such a 

claim, then that shorter time period still 

applies. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Montag, Project Manager, Federal 

Highway Administration, 300 South 

New Street, Suite 2101,Dover DE 19904; 

weekdays 8 a.m. to 4 p.m.; telephone 

302–734–1719; e-mail: 

Daniel.Montag@fhwa.dot.gov. Mark 

Tudor, Project Director, Delaware 

Department of Transportation, 800 Bay 

Road, Dover DE 19903; weekdays 8 a.m. 

to 4 p.m.; telephone 302–760–2275; 

e-mail: Mark.Tudor@state.de.us. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA and other 

Federal agencies have taken final agency 

actions by issuing licenses, permits and 

approvals for the proposed construction 

of new U.S. 301 in the State of Delaware 

that is described below. The actions by 

the Federal agencies on the project, and 

the laws under which such actions were 

taken, are described in the Final 

Environmental Impact Statement (FEIS) 

for the project approved on November 

30, 2007 and issued on December 14, 

2007 (FR Vol. 72, No. 240, p. 71138) and 

in the FHWA Record of Decision (ROD) 

issued on April 30, 2008, and in other 

project records. The FEIS, ROD, and 

other records for the project are 

available by contacting the FHWA or the 

Delaware Department of Transportation 

at the addresses provided above. In 

addition, the FEIS and ROD can be 

viewed and downloaded electronically 

from the project Web site, http:// 

www.deldot.gov/information/projects/ 

us301/, or viewed at public libraries and 

other public venues in the relevant 

project area. 

This notice applies to all Federal 

agency decisions on the listed project as 

of the issuance date of this notice and 

all laws under which such actions were 

taken. The laws under which Federal 

agency decisions were made on the 

project include, but are not limited to: 

1. General: National Environmental 

Policy Act (NEPA) [42 U.S.C. 4321– 

4351]; Federal-Aid Highway Act [23 

U.S.C. 109]. 

2. Wetlands and Water Resources: 

Clean Water Act [33 U.S.C. 1251–1377] 

(Section 404, Section 401, Section 319); 

TEA–21 Wetlands Mitigation [23 U.S.C. 

103(b)(6)(m), 133(b)(11)]; Coastal Zone 

Management Act [16 U.S.C. 1451–1465]. 

3. Air: Clean Air Act [42 U.S.C. 7401– 

7671(q) and applicable regulations 

promulgated under 40 CFR 93. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536]; Bald Eagle Protection Act [16 

U.S.C. 668–668d]; Migratory Bird Treaty 

Act [16 U.S.C. 703–712]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.]; Archaeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)–(ii)]; Archaeological and 

Historic Preservation Act [16 U.S.C. 

469–469(c)]; Native American Grave 

Protection and Repatriation Act 

(NAGPRA) [25 U.S.C. 3001–3013]. 

6. Land: Farmland Protection Policy 

Act (FPPA) [7 U.S.C. 4201–4209]; 

Section 4(f) of the Department of 

Transportation Act of 1966 [49 U.S.C. 

303]. 


dwashington3 on PRODPC61 with NOTICES
Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Notices 54201 

1The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Section of 

Environmental Analysis (SEA) in its independent 

investigation) cannot be made before the 

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 

request for a stay should be filed as soon as possible 

so that the Board may take appropriate action before 

the exemption’s effective date. 

2Effective July 18, 2008, the filing fee for an OFA 

increased to $1,500. See Regulations Governing 

Fees for Services Performed in Connection with 

Licensing and Related Services—2008 Update, STB 

Ex Parte No. 542 (Sub-No. 15) (STB served June 18, 

2008). 

7. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; The Uniform Relocation 

Assistance and Real Property 

Acquisition Policies Act of 1970, as 

amended [23 CFR 450.318]. 

8. Executive Orders: Executive Order 

(E.O.) 12898, Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low Income 

Populations; E.O. 11593, Protection and 

Enhancement of Cultural Resources; 

E.O. 13175, Consultation and 

Coordination with Indian Tribal 

Governments; E.O. 11514, Protection 

and Enhancement of Environmental 

Quality; E.O. 11990, Protection of 

Wetlands; E.O. 11988, Floodplain 

Management; E.O. 13112, Invasive 

Species. 

The project subject to this notice is: 

U.S. 301: MD/DE Line to SR1, South of 

the C&D Canal. Project Location: New 

Castle County, Delaware. Project 

Reference number: 52–0599112. 

Project Type: The Selected Alternative 

will provide a four-lane, tolled, limited 

access roadway on a new location, 

extending generally northward from the 

Maryland/Delaware state line, west of 

Middletown, to the vicinity of 

Armstrong Corner Road, where the new 

U.S. 301 mainline alignment will curve 

and extend northeast, crossing over 

existing U.S. 301, the Norfolk Southern 

Railroad, and existing SR 896 (Boyds 

Corner Road) before curving and 

extending east and tying into SR 1, 

north of the Biddles Corner Toll Plaza 

and south of the C&D Canal. Near 

Armstrong Corner Road, a two-lane, 

limited access, tolled Spur Road will 

extend north from new U.S. 301, on a 

new location to interchange with SR 15/ 

SR 896 south of Summit Bridge and the 

C&D Canal. The U.S. 301 portion of the 

Selected Alternative will provide two 

12-foot wide lanes in each direction and 

interchanges with: Levels Road, existing 

U.S. 301 north of Armstrong Corner 

Road, Jamison Corner Road, and SR 1 

north of the Biddles Toll Plaza and 

south of the C&D Canal. The Spur Road 

portion of the Selected Alternative will 

provide one 12-foot lane in each 

direction and interchanges with new 

U.S. 301 near Armstrong Corner Road 

and SR 896/Bethel Church Road 

Extended (toll free), south of Summit 

Bridge. The Selected Alternative 

includes interchange Option 2A at 

existing U.S. 301, north of Armstrong 

Corner Road, Interchange Option 3B at 

SR 896/Bethel Church Road Extended, 

south of Summit Bridge, Alignment 

Option 4B Modified in the Ratledge 

Road/Boyds Corner Road area, and 

Alignment Option 1 Modified for the 

local road connection between 

Strawberry Lane and existing U.S. 301. 

Tolls will be collected utilizing 

electronic toll collection at highway 

speeds at the U.S. 301 mainline toll 

barrier near the Maryland/Delaware 

state line and at the interchange ramps 

to and from the north at Levels Road, 

existing U.S. 301 near Armstrong Corner 

Road, and Jamison Corner Road. The 

ramps to and from the north at the Spur 

Road interchange with SR 896/Bethel 

Church Road Extended will be toll free. 

Traditional cash lanes may also be 

provided at the toll barriers. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 139(l)(1). 

Issued on September 12, 2008. 

Hassan Raza, 

Division Administrator Dover, Delaware. 

[FR Doc. E8–21855 Filed 9–17–08; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–55 (Sub–No. 689X)] 

CSX Transportation, Inc.— 

Abandonment Exemption—in Logan 

County, WV 

CSX Transportation, Inc. (CSXT) has 

filed a verified notice of exemption 

under 49 CFR 1152 Subpart F—Exempt 

Abandonments to abandon a 1.16-mile 

line of railroad on its Southern Region, 

Huntington Division East, Logan 

Subdivision, known as the Snap Creek 

Industrial Track, extending from 

milepost CLV 2.0 to the end of the line 

at milepost CLV 3.16 near Don, Logan 

County, WV. The line traverses United 

States Postal Service Zip Code 25632. 

CSXT has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) any overhead traffic on 

the line can be rerouted over other lines; 

(3) no formal complaint filed by a user 

of rail service on the line (or by a state 

or local government entity acting on 

behalf of such user) regarding cessation 

of service over the line either is pending 

with the Surface Transportation Board 

or with any U.S. District Court or has 

been decided in favor of complainant 

within the 2-year period; and (4) the 

requirements at 49 CFR 1105.7 

(environmental report), 49 CFR 1105.8 

(historic report), 49 CFR 1105.11 

(transmittal letter), 49 CFR 1105.12 

(newspaper publication), and 49 CFR 

1152.50(d)(1) (notice to governmental 

agencies) have been met. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment shall be protected under 

Oregon Short Line R. Co.— 

Abandonment-Goshen, 360 I.C.C. 91 

(1979). To address whether this 

condition adequately protects affected 

employees, a petition for partial 

revocation under 49 U.S.C. 10502(d) 

must be filed. 

Provided no formal expression of 

intent to file an offer of financial 

assistance (OFA) has been received, this 

exemption will be effective on October 

18, 2008, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,1

formal expressions of intent to file an 

OFA under 49 CFR 1152.27(c)(2),2 and 

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by September 

29, 2008. Petitions to reopen or requests 

for public use conditions under 49 CFR 

1152.28 must be filed by October 8, 

2008, with the Surface Transportation 

Board, 395 E Street, SW., Washington, 

DC 20423–0001. 

A copy of any petition filed with the 

Board should be sent to CSXT’s 

representative: Kathryn R. Barney, CSX 

Transportation, Inc., 500 Water Street, 

J–150, Jacksonville, FL 32202. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

CSXT has filed an environmental and 

historic report addressing the effects, if 

any, of the abandonment on the 

environment and historic resources. 

SEA will issue an environmental 

assessment (EA) by September 23, 2008. 

Interested persons may obtain a copy of 

the EA by writing to SEA (Room 1100, 

Surface Transportation Board, 

Washington, DC 20423–0001) or by 

calling SEA, at (202) 245–0305. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339.] Comments on 

environmental and historic preservation 

matters must be filed within 15 days 


dwashington3 on PRODPC61 with NOTICES