54198 Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Notices 

D. Categories of Records and 

Individuals Covered by the Matching 

Program 

SSA will provide BPD with a finder 

file containing SSNs extracted from the 

Medicare database. BPD will match the 

SSNs in the finder file with the SSNs in 

its Savings Securities registration 

systems. This file will be formatted as 

stated in the attached Appendix. These 

records are included under the systems 

of records Treasury/BPD.002, United 

States Savings-Type Securities, and 

Treasury/BPD.008, Retail Treasury 

Securities Access Application, last 

published on July 23, 2008 at 73 FR 

42906 and 42918, respectively. SSA will 

then match the BPD data with the new 

Medicare Part D and Part D Subsidy File 

system of records, SSA/ORSIS 60–0321, 

published at 69 FR 248 (December 28, 

2004). As required by the Privacy Act, 

the Medicare Part D and Part D Subsidy 

File system of records was published in 

the Federal Register (Vol. 69, No. 248, 

pp. 77816–77822 [04–28302]) on 

Tuesday, December 28, 2004. 

The number of records matched each 

year is determined in part by the 

number of people who file for subsidy 

for Part D. (In July 2007, there were 

1,921,207 records matched.) BPD will 

perform the automated matching with 

its computer systems and provide the 

response file to SSA as soon as possible. 

This agreement covers the following 

matches: 

(1) Screening for Potential Recipients 

An ongoing monthly match of less 

than 200,000 potential applicants and 

those recipients who notify SSA of a 

change. 

(2) Screening To Confirm Eligibility 

Ongoing yearly matches of 

approximately two million recipients 

each year for confirming eligibility of 

individuals receiving Medicare Part D 

subsidy. SSA will substitute the yearly 

match file for the ongoing monthly 

match files and will not be a separate 

submission. 

E. Inclusive Dates of the Matching 

Program 

The matching program will become 

effective no sooner than 40 days after 

notice of the matching program is sent 

to Congress and OMB, or 30 days after 

publication of this notice in the Federal 

Register, whichever date is later. The 

matching program will continue for 18 

months from the effective date and may 

be extended for an additional 12 months 

thereafter, if certain conditions are met. 

[FR Doc. E8–21817 Filed 9–17–08; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Notice of Applications for Certificates 

of Public Convenience and Necessity 

and Foreign Air Carrier Permits Filed 

Under Subpart B (formerly Subpart Q) 

During the Week Ending September 5, 

2008 

The following Applications for 

Certificates of Public Convenience and 

Necessity and Foreign Air Carrier 

Permits were filed under Subpart B 

(formerly Subpart Q) of the Department 

of Transportation’s Procedural 

Regulations (See 14 CFR 301.201 et 

seq.). The due date for Answers, 

Conforming Applications, or Motions to 

Modify Scope are set forth below for 

each application. Following the Answer 

period DOT may process the application 

by expedited procedures. Such 

procedures may consist of the adoption 

of a show-cause order, a tentative order, 

or in appropriate cases a final order 

without further proceedings. 

Docket Number: DOT–OST–2008– 

0274. 

Date Filed: September 5, 2008. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: September 26, 2008. 

Description: Joint Application of 

TradeWinds Airlines, Inc. (‘‘TW’’) and 

Sky Lease I, Inc. (’’Sky Lease’’) 

requesting the Department transfer TW’s 

certificates of public convenience and 

necessity (and certain other exemption 

authority) to Sky Lease. 

Docket Number: DOT–OST–2008– 

0277. 

Date Filed: September 4, 2008. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: September 25, 2008. 

Description: Application of TUIfly 

Nordic A.B. (‘‘TUIfly’’) requesting an 

exemption and an amended foreign air 

carrier permit authorizing TUIfly to 

conduct operations to and from the 

United States to the full extent 

authorized by the United StatesEuropean Union Air Transport 

Agreement (‘‘U.S.-E.U. Agreement’’), 

including authority to engage in: (i) 

Charter foreign air transportation of 

persons, property and mail from any 

point(s) behind any Member State(s) of 

the European Community via any 

point(s) in any Member State(s) and 

intermediate points to any point(s) in 

the United States and beyond; (ii) 

charter foreign air transportation of 

persons, property and mail between any 

point(s) in the United States and any 

points(s) in any member of the 

European Common Aviation Area; (iii) 

charter foreign cargo air transportation 

between any point(s) in the United 

States and any other point(s); (iv) other 

charter pursuant to the prior approval 

requirements; and (v) transportation 

authorized by any additional route or 

other right(s) made available to 

European Community carrier in the 

future. 

Renee V. Wright, 

Program Manager, Docket Operations, 

Federal Register Liaison. 

[FR Doc. E8–21815 Filed 9–17–08; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Aviation Proceedings, Agreements 

Filed the Week Ending September 5, 

2008 

The following Agreements were filed 

with the Department of Transportation 

under the Sections 412 and 414 of the 

Federal Aviation Act, as amended (49 

U.S.C. 1383 and 1384) and procedures 

governing proceedings to enforce these 

provisions. Answers may be filed within 

21 days after the filing of the 

application. 

Docket Number: DOT–OST–2008– 

0276. 

Date Filed: September 4, 2008. 

Parties: Members of the International 

Air Transport Association. 

Subject: PTC COMP Mail Vote 575 

Amending Composite Resolutions 

(Memo 1477). Intended effective date: 

1 April 2009. 

Renee V. Wright, 

Program Manager, Docket Operations, 

Federal Register Liaison. 

[FR Doc. E8–21818 Filed 9–17–08; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2008–0128] 

Credit Assistance for Surface 

Transportation Projects; Expedited 

Process for Execution of TIFIA Loans 

AGENCIES: Federal Highway 

Administration (FHWA), (DOT). 

ACTION: Announcement of template term 

sheet and template loan agreement for 

an expedited TIFIA loan process; notice 

and request for comments. 

SUMMARY: In order to more efficiently 

facilitate innovative financing 

transactions, the DOT intends to 

develop an expedited process for 


dwashington3 on PRODPC61 with NOTICES
Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Notices 54199 

execution of TIFIA loans for certain 

eligible highway projects developed 

pursuant to concession agreements with 

senior bank and/or bond debt facilities. 

To the extent applicants choose to take 

advantage of the expedited process, 

utilizing standardized documents and 

terms, as well as meet standard closing 

conditions, the DOT will commit to 

execute a final loan agreement within 45 

days of the applicant’s agreement to all 

of the terms and conditions contained in 

a template term sheet and a template 

loan agreement, drafts of which are 

published for comment on the docket 

for this notice and at the TIFIA Web site 

listed below. In addition, the DOT seeks 

comment regarding which term sheet 

and loan terms would need to be 

amended to provide an expedited 

process and which terms need to be 

amended for eligible transit projects 

developed pursuant to concession 

agreements. 

DATES: Comments must be received on 

or before October 20, 2008. 

ADDRESSES: The template term sheet 

and template loan agreement for the 

expedited TIFIA loan process which are 

the subject of this notice can be viewed 

electronically at the docket established 

for this rulemaking at http:// 

www.regulations.gov or on the TIFIA 

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

Hard copies of the documents will also 

be available for viewing at the DOT 

address listed below. 

Mail or hand deliver comments to the 

U.S. Department of Transportation, 

Dockets Management Facility, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, or submit 

comments electronically at http:// 

www.regulations.gov, or fax comments 

to (202) 493–2251. Alternatively, 

comments may be submitted via the 

Federal eRulemaking Portal at http:// 

www.regulations.gov (follow the on-line 

instructions for submitting comments). 

All comments should include the 

docket number that appears in the 

heading of this document. All 

comments received will be available for 

examination and copying at the above 

address from 9 a.m. to 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. Those desiring notification of 

receipt of comments must include a selfaddressed, stamped postcard or you 

may print the acknowledgment page 

that appears after submitting comments 

electronically. All comments received 

into any docket may be searched in 

electronic format by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). Persons making comments 

may review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70, Pages 19477–78), or you 

may view the statement at http:// 

dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mark Sullivan, TIFIA Joint Program 

Office (202) 366–5785, Mr. Marcus J. 

Lemon, Chief Counsel (202) 366–0740, 

or Mr. Steven Rochlis, Office of the 

Chief Counsel (202) 366–1395, Federal 

Highway Administration; 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. Office hours for the FHWA are 

from 7:45 a.m. to 4:15 p.m., e.t., Monday 

through Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

You may submit or retrieve comments 

online through the Federal eRulemaking 

portal at: www.regulations.gov. The Web 

site is available 24 hours each day, 365 

days each year. Electronic submission 

and retrieval help and guidelines are 

available under the help section of the 

Web site. 

An electronic copy of this document 

may also be downloaded from Office of 

the Federal Register’s home page at: 

http://www.archives.gov/federal_register 

and the Government Printing Office’s 

Web page at: http://www.gpoaccess.gov. 

Background 

TIFIA was enacted in 1998 as part of 

the Transportation Equity Act for the 

21st Century (TEA–21) (Pub. L. 105– 

178, June 1998). TIFIA established a 

Federal credit program which provides 

Federal credit assistance to major 

surface transportation projects of 

regional or national significance. In 

1999, the DOT promulgated a rule 

implementing TIFIA (64 FR 29742, June 

2, 1999), and amended the rule in 2000 

(65 FR 44936, July 19, 2000). 

Subsequently, in 2005, Congress 

enacted the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU) (Pub. 

L. 109–59, Aug. 10, 2005), which made 

a number of amendments to TIFIA. 

In enacting the original TIFIA 

legislation, Congress found that ‘‘a welldeveloped system of transportation 

infrastructure is critical’’ to the nation’s 

economy, and it sought to ‘‘attract new 

investment capital’’ to transportation 

infrastructure projects. Congress further 

found that TIFIA could complement 

existing funding resources by filling 

‘‘market gaps,’’ thereby leveraging 

substantial private co-investment. 

To date, the DOT has provided almost 

$4.8 billion in TIFIA credit assistance to 

15 projects representing almost $18.6 

billion of infrastructure investment. 

Four TIFIA loans, including the three 

most recent TIFIA loans, have been 

executed with private companies for 

eligible highway projects developed 

pursuant to concession agreements with 

a public entity. In addition, TIFIA has 

recently experienced a sharp growth in 

demand for credit assistance, in large 

part because it has received several 

applications for highway projects 

developed pursuant to concession 

agreements as a result of State 

implementation of public-private 

partnership initiatives. The pipeline of 

expected TIFIA applications, which 

demonstrates that this demand is not 

likely to subside in the foreseeable 

future, is also dominated by these types 

of projects. In response to recurring 

concerns over the length of time 

associated with executing and closing 

loans for these types of projects, the 

DOT intends to offer certain borrowers 

the option of an expedited loan process 

or ‘‘fast track,’’ which would require 

such borrowers to accept certain 

standard loan terms set forth in template 

loan documents. 

Expedited Loan Process and Template 

Loan Documents 

The statutory and regulatory 

requirements applicable to the TIFIA 

program will not be modified, amended, 

or supplemented for purposes of the 

expedited loan process. If an applicant 

wishes to take advantage of the 

expedited loan process, the applicant 

would be required to agree to the 

standard terms and conditions 

contained in a template term sheet 

(subject to negotiation of certain project 

specific terms, which must be separately 

negotiated for each transaction). The 

DOT would then commit to execute a 

loan agreement substantially similar to 

the template loan agreement, which is 

maintained on the TIFIA Web site, 

within 45 days of the applicant’s 

signature accepting the term sheet. The 

expedited loan process will be subject to 

the DOT Credit Council and Secretary 

approving the loan. An applicant’s 

decision to seek an expedited process 

will not affect the Department’s decision 

to approve or disapprove credit 

assistance. Applicants are strongly 

encouraged to make use of this 

innovative process. 

For purposes of the expedited 

process, the DOT has developed a 

template term sheet for applicants 

requesting secured loans for eligible 

highway projects being developed 

pursuant to a concession agreement 

with senior bank and/or bond debt 

facilities. The template term sheet 

contains the key business terms to 


dwashington3 on PRODPC61 with NOTICES
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