Agency labor costs are calculated based on annual Federal salaries for the Washington-Baltimore area published by the Office of Personnel Management effective January 2012 (OPM, 2012). The average salary for one FTE staff member is estimated as the salary for a GS-13 Step 5 employee.
Multiplying the annual pay by an assumed loading factor of 1.6 to reflect Federal fringe benefits and overhead, the loaded annual salary of EPA staff was calculated to be $161,446.
The Agency loading factor is from an EPA guide, Instructions for Preparing Information Collection Requests (ICRs) (EPA, 1992, page 30, footnote 9). The 60 percent assumption was labeled "the benefits multiplication factor" in the EPA Guide, but has been used in many EPA Office of Pollution Prevention and Toxics ICRs to reflect both fringe benefits and overhead for Federal staff. For example, it was used in an August 2000 document supporting ICR No. 1139.06 (EPA, 2000), with the following explanation:
      "The annual costs per FTE are derived by multiplying the annual pay rate by 1.6 (the benefits multiplication factor). The multiplication factor used is recommended in EPA's Office of Policy, Planning, and Evaluation's Instructions for Preparing Information Collection Requests (ICRs) (June 1, 1992). An EPA internal phone call between Carol Rawie (OPPT/EETD/RIB) and Carl Koch (OPPE/RMD/IMB) on May 3, 1994, indicated that the 1.6 factor included not only benefits but also overhead." (ICR No.1139.06)

Table A-1: Derivation of Loaded Wage Rates
                              EPAB Labor Category
                                 Data Sources
                                     Date

                                     Wage
                                Fringe Benefit
                               Fringes as % Wage
                              Over-head % Wage[2]
                           Fringe + Overhead Factor
                                Loaded Wages[1]

                                      (a)
                                      (b)
                                 (c) =(b)/(a)
                                      (d)
                                 (e)=(c)+(d)+1
                                 (f)=(a) x (e)
                                  Managerial
BLS ECEC, Private Manufacturing industries, "Mgt, Business, and Financial"[3]
                                    Dec-12
                                    $43.95
                                    $21.45
                                    48.81%
                                      17%
                                     1.66
                                    $72.87
                            Professional/
Technical
BLS ECEC, Private Manufacturing industries, "Professional and related"[3]
                                    Dec-12
                                    $38.53
                                    $19.30
                                    50.09%
                                      17%
                                     1.67
                                    $64.38
                                   Clerical
BLS ECEC, Private Manufacturing industries, "Office and Administrative Support"[3]
                                    Dec-12
                                    $17.64
                                    $8.87
                                    50.28%
                                      17%
                                     1.67
                                    $29.51

                                 EPA staff FTE
Annual Federal staff cost: OPM Washington-Baltimore-Northern Virginia, DC-MD-PA-VA-WV, area, GS-13 Step 5 pay rates, with 60% overhead.[4]
                                    Jan-12

                               $100,904 (annual)
                                      --
                          [Included in 60% overhead]
                                      60%
                                      1.6
                                  $161,446.40
                                   (annual)
Notes:
[1]Wage data are rounded to the closest penny in this table; however, in calculations using these numbers for this report, unrounded values were used.
[2]An overhead rate of 17% was used based on assumptions in Wage Rates for Economic Analyses of the Toxics Release Inventory Program (EPA, 2002b), and the Revised Economic Analysis for the Amended Inventory Update Rule: Final Report (EPA, 2002a).
Employer Costs for Employee Compensation Supplementary Tables December 2012, U.S. Bureau of Labor Statistics, March 18, 2013 (BLS, 2013).
[4][3]The Federal salary is the unloaded Federal GS-13 Step 5 salary ($100,904) for 2012, from the Office of Personnel Management salary table for Washington-Baltimore-Northern Virginia (OPM, 2012). The 60% fringes-and-overhead rate is from an EPA guide, Instructions for Preparing Information Collection Requests (ICRs) (EPA, 1992, page 30, footnote 9).

 A.2	Derivation of Inflation Factors
Complete information on the derivation of the inflation factors used is given in Table A-2. In 2006, the Bureau of Labor Statistics (BLS) made several changes to the Employment Cost Index. The changes are described on a BLS web page, "Change has come to the ECI," (BLS, 2006c) and in several April 2006 Monthly Labor Review articles posted on the BLS web site: "Changes affecting the Employment Cost Index: an overview" (Caroll, 2006); "Employment Cost Index Publication Plans" (Sleemi, 2006); and "Seasonal adjustment in the ECI and the conversion to NAICS and SOC" (Branch, 2006).
Under a mandate from OMB, BLS changed its classification of industries and occupations from the Standard Industrial Classification (SIC) and Occupational Classification System (OCS) to the North American Industry Classification System (NAICS) and Standard Occupational Classification (SOC) system. In 2006, BLS adjusted all ECI series to reflect this change.
In addition to changing the industry and occupational classification systems, in 2006, BLS rebased the ECI from June 1989 = 100 to December 2005 = 100 for all current and historical non-seasonally adjusted series, including the NAICS and SIC based series. (Seasonally adjusted indices, including those in Table A-2 of this report, may not exactly equal 100 for December 2005 as a result of the seasonal adjustment. Seasonal adjustments are explained in Branch, 2006.)
According to BLS, the official ECI for the years 1975-2005 is the SIC-OCS based series, and for subsequent years, the official ECI is the NAICS-SOC based series (Sleemi, 2006, p.8).
"Starting year" indices in Table A-2 continue to be SIC-OCS based. Current year indices are NAICS-SOC based. We use indices from both the NAICS-SOC and the SIC-OCS based ECI series because neither series spans the entire period over which testing and other costs need to be inflated.
Table A-2: Derivation of Inflation Factors
                                     Item
                           Inflation Index Source[1]
                                 Starting Year
                          Index for Starting Year (a)
                                Index for 2012
                                      (b)
                          Inflation Factor (b)/(a)[2]
Export notification
 BLS ECI, ,Total comp, Private industry, Professional and related, 4[th] Q [BLS, 2013b ][3]
                                     1992
                                     64.9
                                     118.2
                                     1.821
Agency Extramural costs White collar labor; equipment; supplies
 BLS ECI, Total comp, Private industry, Professional and related, 4[th] Q [BLS, 2013b] 3
                                     1993
                                      67
                                     118.2
                                     1.76
Labels, placards etc.
BLS CPI, All urban consumers, not SA. CUUR0000SA0, Annual [BLS 2013c]

                                     1997
                                     160.5
                                    229.594
                                     1.430
File cabinet

Photocopies
 BLS CPI, All urban consumers, not SA. CUUR0000SA0, Annual [BLS 2013c ]
                                     1988
                                     118.3
                                    229.594
                                     1.941
Record keeping materials

Key: BLS = Bureau of Labor Statistics. CPI = Consumer Price Index. ECI = Employment Cost Index. SA = Seasonally Adjusted. Total Comp = Total Compensation (wages/salaries and benefits). 4th Q = Fourth Quarter.
Notes:

1 In 2006, Bureau of Labor Statistics (BLS) Employment Cost Index (ECI) series "were rebased to December 2005 = 100 from June 1989 = 100." The change is reflected in the indices in this table and explained on the BLS website, Employment Cost Index News Release Text: Employment Cost Index, March 2006 (BLS, 2006b). The Consumer Price Index (CPI) was not rebased.

"Starting year" ECI indices are SIC-OCS based: Seasonally Adjusted (SA) ECS10002I for private industry All Workers, and not SA ECU11122I for private industry Professional and Related Workers.

After 2006, ECI indices are NAICS-SOC based: Seasonally Adjusted (SA) CIS2010000000000I for private industry All Workers, and not SA CIU2010000120000I (B) for private industry Professional, and Related workers.

[2] Inflation factors are rounded to three decimal places in this table, but calculations in this report use the unrounded values. BLS CPI values were published with one decimal place through 2006 and with three decimal places after that.

[3] Beginning with the report Economic Analysis of Expedited Significant New Use Rules for 25 Chemical Substances: EPA Docket OPPT-2009-0922 (EPA, 2010) we began to use the not-seasonally adjusted CIU2010000120000I for private industry Professional, and Related workers, instead of SA CIS2010000W00000I for private industry white collar workers because BLS retired the "white-collar" series.


For the WIFIA Application Instructions The U.S. Environmental Protection Agency (EPA) will invite selected applicants to submit an application for Water Infrastructure Finance and Innovation Act (WIFIA) loans. Unsolicited applications will not be considered. Following selection, each selected applicant will be assigned a transaction team led by an underwriter. The transaction team can answer the applicant's questions regarding the application form, its attachments, and the project review, negotiation, and closing processes.

The applicant should answer all questions in this form. It may indicate if a requirement is not applicable to its project. Narrative answers can reference source documents by including the name of the document and relevant pages or sections and providing any referenced documents as attachments. The applicant must sign the Certification in the appropriate space and submit a scanned version of the signature pages to EPA. If the applicant anticipates a delay in one or more source documents, it should discuss the situation with its transaction team and indicate the anticipated date of submitting that document in the application. Additionally, the applicant is required to notify and submit to EPA any updated application materials that become available during the review period. EPA may request additional items from applicants on a case-by-case basis.

Resources regarding WIFIA program eligibility; completing a letter of interest and application; how loans are selected and closed; as well as post-close expectations are available in the WIFIA program handbook. It is highly recommended to use this document as a companion when developing your letter of interest. For general information about WIFIA, consult the WIFIA website (www.epa.gov/wifia). Additional information specific to the current project selection round can be found in the NOFA, and questions may be submitted to the WIFIA program office at<EMAIL_ADDRESS>

The applicant may assert a Confidential Business Information (CBI) claim covering part or all of the information submitted to EPA as part of its letter of interest, in a manner consistent with 40 C.F.R. 2.203, 41 Fed. Reg. 36902 (Sept. 1, 1976), by placing on (or attaching to) the information a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as trade secret, proprietary, or company confidential. The applicant should also state whether it desires confidential treatment until a certain date or until the occurrence of a certain event.  Information covered by a business confidentiality claim will be disclosed by EPA only to the extent and only by means of the procedures set forth under 40 C.F.R. Part 2, Subpart B.  Information that is not accompanied by a business confidentiality claim when it is received by EPA may be made available to the public by EPA without further notice to the applicant. More information about CBI is available in the WIFIA program handbook and frequently asked questions (FAQ) available at http://www.epa.gov/wifia.

The applicant must submit a non-refundable application fee. The application fee is $25,000 for an application for a project serving small communities (population of not more than 25,000 people). For all other project applications, the application fee is $100,000. For further information regarding the application fee, as well as the credit processing fee which will be charged at loan closing, and any other applicable fees, please see the WIFIA fee rule. ___________________________________________________________________________________ WIFIA Application Submission The final application submission must include:  Completed application form;  All attachments requested and referenced in this form; and   The application fee. The applicant should reference the supporting document checklist provided on page 4 to ensure all needed information is provided in the application submission. Upon receipt of the application fee and materials, EPA will provide a confirmation email.

Application Form and Attachment Submittal: When finished, the application form and attachments must be uploaded to EPA's SharePoint site.  To be granted access to the WIFIA SharePoint site, the applicant should email the WIFIA Underwriter assigned to the applicant with the names and emails of all staff that need access.

Application Fee Submittal: The applicant should use of Pay.gov to make electronic payments to EPA. In Pay.gov, the applicant can track its payments to EPA and schedule recurring or automatic payments. Although it is not mandatory to register for a user id to access and use Pay.Gov, registration is recommended to have access to all Pay.gov system functionality. To use Pay.gov, follow these instructions:  Access the Pay.gov system by going to https://www.pay.gov and search for WIFIA or click on the following hyperlink to directly launch the WIFIA Loan Collection & Fees Form.  Provide the following information on the payment to ensure proper credit:  Remitter's contact phone number  Company/Organization Name as it appears on EPA document  Complete address, including city, state, zip code  Project Name  Loan Number: this is EPA WIFIA Loan number, NOT the remitter's number  From the "Payment Type" drop down menu select "Application Fee (Fee01)"   Other Description: please enter the EPA WIFIA Loan number followed by -FEE01, for example 16123DC-FEE01  Follow the remaining on‐screen instructions to successfully process the payment to EPA.  Send an email to<EMAIL_ADDRESS>and<EMAIL_ADDRESS>informing that a payment has been made.

The application fee may also be paid via FEDWIRE; for questions about payments, email to<EMAIL_ADDRESS>and<EMAIL_ADDRESS>For detailed payment instructions, contact the WIFIA program.  ___________________________________________________________________________________ Burden The public reporting and recordkeeping burden for this collection of information is estimated to average 200 hours per response.  Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Regulatory Support Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.

Warning Falsification or misrepresentation of information or failure to file or report information required to be reported may be the basis for denial of financial assistance by the Environmental Protection Agency. Knowing and willful falsification of information required to be submitted and false statements to a Federal Agency may also subject you to criminal prosecution.  See, for example, 18 U.S.C. §1001. _____________________________________________________________________________________ Additional information is available at https://epa.gov/wifia and by contacting<EMAIL_ADDRESS> SUPPORTING DOCUMENT CHECKLIST The applicant should submit its completed application form plus all relevant supporting documents listed in the checklist as attachments or links. Question Supporting Document(s) Included Not Applicable Application Fee  -  Refer to fee instructions on page 2

Section A:  Key Applicant and Loan Information (No Supporting Documents)

Section B:  Applicant Background

2. Alternate Legal Entity  Authorizing or organizational documents relating to such entity. ☐

☐

4. Statistical Information  Comprehensive Annual Financial Report or similar ☐

☐

5. Capital Improvement Planning Process  Current Capital Improvement Plans  Current Year Capital Budget ☐ ☐ ☐ ☐ 6. System Condition  System Master Plan  System Condition Assessment ☐ ☐ ☐ ☐ Section C:  Financing Plan

2. Rate Setting Process  Rate Studies ☐  ☐ 4. Preliminary Rating Letter  Preliminary Rating Letter ☐ ☐ 5. Audited Financial Statements   Audited Financial Statements (2 years) ☐ ☐ 6. Cash flow pro forma(s)  Cash flow pro forma ☐ ☐ 7. Sample Documentation  Master Indenture or Master Bond Resolution  Most Recent Bond Issuance  Most Recent SRF Loan Agreement (if co-funding with SRF)  Outstanding loan agreements   Major water/sewer purchase agreements   Major wholesale water/sewer agreements   Terms of any customer assistance program ☐

☐ ☐

☐ ☐

☐

☐

☐

☐ ☐

☐ ☐

☐

☐

Section D:  Federal Requirements

1.Other Federal Agency National Environmental Policy Act (NEPA) Documentation  Environmental Assessment (Draft or Final)  Environmental Impact Statement (Draft or Final)  Supporting Documentation ☐

☐

☐ ☐

☐

☐ 2. PEA  WIFIA Programmatic Environmental Assessment Questionnaire ☐

☐

3. SRF Environmental Review  SRF Findings  SRF Consultation Documentation ☐ ☐ ☐ ☐ 4. Federal Environmental Cross-Cutting Authorities   National Historic Preservation Act  Endangered Species Act  Essential Fish Habitat   Other: ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐  ☐ ☐ 7. Tribal Consultation and Coordination  Tribal Correspondences     ☐ ☐

9. Additional Forms  EPA 6600-06  -  Certification Regarding Lobbying  SF-LLL  -  Disclosure of Lobbying Activities  EPA 4700-4  -  Preaward Compliance Review Report ☐

☐

☐

☐

☐

☐

Section E:  Contract Information (Refer to Supplemental Spreadsheet)

Complete Section E of spreadsheet and indicate which of the following attachments are included:  Project Map  Preliminary Engineering Report  Preliminary Design Report  Planning Document  Executed Contract Documents  Procurement Documents  Detailed project schedule(s)  Engineer's Cost Estimate associated with detailed project scope  Existing Operation and Maintenance Plan  Professional Service Contract or similar evidence of new Operation and Maintenance Plan to be developed  Risk Mitigation Plan/Matrix  Project Management Plan  Evidence of Experience with similar projects  Draft of Final Bid Specifications with required language  Sample of Final Bid Specifications with required language

☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐

☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ Certifications with signature ☐

APPLICATION FORM Provide the following information in this form. Narrative answers can reference source documents (include the name of the document and relevant pages or sections). Provide any referenced documents as attachments or links. Please refer to the WIFIA Program Handbook for support in answering these questions. If your question is not covered in the Handbook or is specific to your project, please reach out to your assigned underwriter for pre-application assistance.  Section A: Key Applicant and Loan Information  a.  Legal name of prospective applicant:       b.  If a different entity is proposed to enter into the WIFIA loan documents as the borrower on behalf of the applicant, provide the legal name of such entity:

 Project name (for purposes of identification assign a short name to the project):

 Provide a brief description of the project(s) seeking financing. Limit the description to the elements included in the estimated total projects costs in Question A-7.

 Describe the project's or projects' purpose(s) (including quantitative or qualitative details on public benefits the project will achieve). If the loan contains more than one project, the projects must serve a common purpose. Describe the common purpose that the projects share (e.g. addressing sanitary sewer overflows or improving drinking water quality).

 Describe any changes to the project description or purpose since LOI submission:

 Requested amount of the WIFIA loan (in dollars):

 Total Eligible Project Costs

 Estimated total eligible project costs (in dollars):

 Amount by which eligible project costs have changed since the letter of interest submittal (if applicable):

 Anticipated Closing Date and any factors driving such date:

 Applicant Contact Information Team Member Name and Title Email Phone Number Authorized Signatory

WIFIA Point of Contact

Financial Advisor

Bond Counsel

Project Manager

Environmental Review Contact:

Engineering Contact

Other:

Other:

 Employer/taxpayer identification number (EIN/TIN):    Unique Entity Identifier (previously Dun and Bradstreet Data Universal Number) number:

 Is the applicant registered in the System for Award Management (SAM) with an active status?  Yes  No       At loan closing, borrower will need to provide a PDF or JPEG screenshot that shows evidence of the SAM registration and an "active status" for the entity receiving the WIFIA loan

Section B:  Applicant Background  Describe the authorizing actions and additional documentation required by the applicant in order to enter into a loan agreement with the WIFIA program (e.g. one or two readings by board/council/commission; any local/voter/bondholder approvals; any applicable waiting periods; supplemental ordinance/resolution).

 If the applicant intends to use another legal entity to enter into the WIFIA loan documentation, such as a joint powers authority, financing authority/corporation, cooperative, or other similar arrangement, provide the authorizing or organizational documents relating to such entity.

 Disclose any current, threatened, or pending litigation involving the applicant related to permitting, public involvement, environmental irregularities, construction defects, securities fraud, conflict of interest, failure to perform under a State or Federal contract, or other charges which may reflect on the applicant's financial position or ability to complete the project(s).

 Statistical information regarding the borrower and its service area will be required to underwrite the loan. Examples include historic water and sewer rates, pension and OPEB liabilities, outstanding debt, population, median household income, average customer bill, customer breakdown (i.e., residential, commercial, industrial) and concentration among top users. Please indicate the name and location of the publicly available document (e.g. CAFR, etc.) where this information can be found.  If no such document exists, please contact your underwriter for further guidance.

 Describe the applicant's capital improvement planning process. Include a capital improvement plan and current year capital budget.

 Provide the latest system condition assessment report or master plan available for the water and/or wastewater system this project supports. If a report or plan is unavailable, provide a brief description of significant facilities (e.g. pump stations or treatment plants) within the system, including construction and major rehabilitation dates, and any asset management processes utilized for the system.

 If applicable, describe community outreach efforts conducted to date and planned for the project(s).  Include community meetings, outreach sessions and groups contacted.

 Provide a description of the environmental, societal, or quality of life benefits to the community as a result of the project, such as (but not limited to), improving system resiliency, mitigating climate change, supporting small and/or disadvantaged communities, improving access to safe water, addressing contaminants, developing the water workforce.

 Will the project assist in complying with applicable regulatory requirements?  Yes  No       If yes, describe how the project assists with regulatory compliance. Section C: Financing Plan In preparing this section, please consult with your assigned underwriter to ensure all questions are answered completely and accurately.   Provide a sources and uses of funds table for the proposed project(s). Sources Category Estimated Dollar Value  1. WIFIA Loan (cannot exceed 49% of eligible costs)

2. Bonds

3. SRF Loan

4. Borrower Cash

5. Other (please specify)

6. Other (please specify)

TOTAL SOURCES

Uses Category Estimated Cost 1.  Planning (from Column Q of Section E)

2.  Design (from Column R of Section E)

3.  Construction (from Column S of Section E)

4.  Project Management[a] (from Column U of Section E)

 Land Acquisition

6.  Additional Contingency [b]

7.  Total Capital Costs

8.  Financing Costs

9. Other (please specify)

10. Other (please specify)

TOTAL USES

[a] Costs related to the management and oversight of the project, not factored elsewhere [b] Additional contingency include cost factors (separate from the construction contingency included in the estimated cost for Construction) that contribute to your total capital costs. This may include adjustments to market conditions or additional project contingency considerations.

 Describe the rate setting process, including regulations governing rate setting, approval requirements, timing for implementation, and specify if recommended rate adjustments were ever rejected. Please attach the most recent rate study, if available.

 Complete the following table of proposed credit terms of the WIFIA loan.      Credit Term Proposed Credit Term for WIFIA loan Source(s) of Repayment and Security Pledge for the WIFIA loan [e.g., combined sewer and water revenues of the utility]

Lien Priority  Senior Lien: all debt for the project (including WIFIA) will be senior/first lien debt.

 Subordinate Lien: all debt for the project (including WIFIA) will be subordinated/second lien debt.

 Subordinate with Springing Lien*: project debt may include debt senior to WIFIA loan.  Evidence of WIFIA debt obligation     Bond     Promissory Note     To be determined     Other (explain): WIFIA Loan Maturity Date

      * Springing lien means that while the WIFIA debt will be subordinated/second lien debt at closing, upon a bankruptcy related event, the WIFIA debt will automatically spring to parity with the borrower's senior/first lien debt.  If a credit rating was not provided with the letter of interest, or if a newer credit rating is available, please attach it. Indicate below if the credit rating provided with the letter of interest should be used for the application. The rating should match the proposed credit terms in question C-3.

 Provide the year-end audited financial statements for the applicant for past two (2) years, as an attachment or provide a link to where they can be found (e.g., borrower website, EMMA). Please include an explanation of any anomalies such as nonrecurring expenses, revenue windfalls, or new revenue sources.

 Attach the financial model for the project(s) security structure. All amounts should be expressed on a cash (year-of-expenditure) basis and should clearly show assumptions used to arrive at such estimates.  Please include an explanation of any anomalies such as nonrecurring expenses, revenue windfalls, or new revenue sources. A sample pro forma can be found here along with additional guidance in the WIFIA Handbook.

 If applicable, provide copies of the following documents:  Governing debt issuance documents, such as a master bond resolution or indenture (including all amendments)  Most recent bond issuance documents (e.g. offering statement; supplemental)  If an SRF loan is expected for the project, a copy of the most recent SRF loan agreement with terms and conditions similar to what is expected for the project SRF loan;  Copies of any other outstanding loan agreements that have been utilized to finance system capital projects (e.g. USDA or bank debt)  Major water/sewer purchase agreements (or key terms)  Major wholesale water/sewer agreements (or key terms)  Terms of any customer assistance program

Section D: Federal Requirements Compliance

 Has the project completed or is in the process of completing an environmental review in accordance with the National Environmental Policy Act (NEPA) led by another federal agency, such as Bureau of Reclamation or U.S. Army Corps of Engineers?      Yes  No If yes, identify the lead federal agency for the NEPA review, and provide an agency staff contact name/email/phone number, and if applicable, include supporting documentation as attachments.

 If applicable, please complete and attach the Programmatic Environmental Assessment (PEA) Questionnaire. If you do not know if this is applicable to your project, please consult your assigned underwriter.

 Has the project completed or is in the process of completing an environmental review through state authority due to financing from the SRF?  Yes  No          If yes, provide SRF agency staff contact information, and if applicable and include supporting documentation as attachments.            Identify if any of the following federal environmental cross-cutting authority reviews have been previously completed or are in progress and include supporting documentation as attachments. (Check all that apply)   None have been previously completed or are in progress  National Historic Preservation Act Section 106 consultation with the State Historic Preservation Officer  Endangered Species Act Section 7 consultation with Fish and Wildlife Service or National Marine Fisheries Service  Essential Fish Habitat Consultation Process under the Magnuson-Stevens Fishery Conservation and Management Act with National Marine Fisheries Service  Other: __________________

 Has construction/ground disturbance begun on any portion of the project(s)? Identify work that has been completed to date.

 Provide a list of ongoing, in progress or planned environmental studies or environmental technical reports. If no studies are ongoing or planning, please state this.

 Has tribal consultation or coordination that has taken place on the proposed project(s)? If yes, include supporting documentation as attachments.

 Does the project involve a new or relocated discharge of effluent to surface or groundwater? For purposes of this question, relocated discharge refers to discharge of effluent into a different water body or the discharge to the same receiving water body at a different location.  Yes  No  Not Applicable  Select the correct response to indicate the implementation of federal requirements for past projects. Please refer to Borrower Guide containing federal requirement language. https://www.epa.gov/wifia/wifia-borrower-guide-federal-requirements

 Applicant has implemented similar federal requirements in the past for other federally funded projects.   Applicant does not have previous experience with federal requirements implementation.

 Additional forms will need to be completed and submitted prior to closing the WIFIA loan. All forms are available at https://www.epa.gov/grants/epa-grantee-forms. Check all that are included with the application:

Form Number Purpose Included Not Applicable EPA 6600-06 Certification Regarding Lobbying

SF-LLL Disclosure of Lobbying Activities

EPA 4700-4 Preaward Compliance Review Report

 Confirm whether the project(s) include acquisition of real property. Note that the borrower must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act).  Yes  No

Section E: Contract Information

Complete the "Section E: Supplemental Spreadsheet." Instructions for each column are available on the first tab labeled "Instructions  -  Section E". Provide answers for each project in the application using separate rows designated, "Contract 1, Contract 2, etc." Additional resources on federal requirements can be found in the Borrower Guide to Federal Requirements.

CERTIFICATIONS

 National Environmental Policy Act:  The applicant acknowledges that any project receiving credit assistance under this program must comply with all provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)  American Iron and Steel:  The applicant acknowledges that any project receiving credit assistance under this program for the construction, alteration, maintenance, or repair of a project may only use iron and steel products produced in the United States and must comply with all applicable guidance.  Buy America Preference: The prospective borrower acknowledges that any project receiving credit assistance under this program for the construction, alteration, maintenance, or repair of a project may only use domestic iron/steel, manufactured produces and construction materials produced or manufactured in the United States and must comply with all applicable guidance.   National Historic Preservation Act: The applicant acknowledges that any project receiving credit assistance under this program must comply with all provisions of the National Historic Preservation Act as amended (54 U.S.C. § 300101 et seq.: Historic Preservation).  Endangered Species Act:  The applicant acknowledges that any project receiving credit assistance under this program must comply with all provisions of the Endangered Species Act (16 U.S.C. §§ 1531, et seq.).  Prevailing Wages:  The applicant acknowledges that all laborers and mechanics employed by contractors or subcontractors on projects receiving credit assistance under this program shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor, in accordance with sections 3141-3144, 3146, and 3147 of Title 40 (Davis-Bacon wage rules).  Credit Ratings:  This applicant has received a preliminary rating opinion letter(s) on the project's senior debt instrument (which may be the WIFIA credit assistance), from one or more rating agencies, indicating the potential to achieve an investment-grade rating. These letters or ratings are attached.  Credit Processing Fees:  The undersigned certifies that it will reimburse EPA for any and all fees and expenses incurred by EPA (including legal, financial and other consultant fees and expenses) in connection with the evaluation of the application materials, and the preparation, negotiation, and closing of the credit agreement and related documents, irrespective of whether the credit agreement is executed.  Lobbying:  Section 1352 of Title 31, United States Code provides that none of the funds appropriated by any Act of Congress may be expended by a recipient of a contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, or an employee of a Member of Congress in connection with the award or making of a Federal contract, grant, loan, or cooperative agreement or the modification thereof. EPA interprets this provision to include the use of appropriated funds to influence or attempt to influence the selection for assistance under the WIFIA program. WIFIA applicants must file a declaration: (a) with the submission of an application for WIFIA credit assistance; (b) upon receipt of WIFIA credit assistance (unless the information contained in the declaration accompanying the WIFIA application has not materially changed); and (c) at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any declaration previously filed in connection with the WIFIA credit assistance. The undersigned certifies, to the best of his or her knowledge and belief, that:  No Federal appropriated funds have been paid or will be paid, by or on behalf of the applicant, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.  If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.  The applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.          This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.  Debarment:  The undersigned further certifies that the applicant has fully complied with its verification obligations under 2 C.F.R. Part 180 and confirms that, to its knowledge, neither applicant nor any of its principals (as defined in 2 C.F.R. Part 180.995 and Part 1532.995)   is debarred, suspended or voluntarily excluded from participating in any Federal programs, Government contracts, procurement or non-procurement matters;   is present indicted for or otherwise criminally or civilly charged by a governmental authority with commission of any of the offenses listed in the Regulations Governing Debarment and Suspension (Governmentwide Nonprocurement Debarment and Suspension Regulations: 2 C.F.R. Part 180 and Part 1532); or   has, within the three (3) year period preceding the date of the application,   has been convicted for or had a civil judgment rendered against the applicant for any of the above-mentioned offenses within such period or   had any public transactions (Federal, state, or local) terminated for cause or default.  Default/Delinquency:  The undersigned further certifies that neither the applicant nor any of its subsidiaries or affiliates are currently in default or delinquent on any debt or loans provided or guaranteed by the Federal Government.  Other Federal Requirements:  The applicant acknowledges that it must comply with all other federal statutes and regulations, as applicable.  A non-exhaustive list of federal cross-cutting statutes and regulations can be found at https://www.epa.gov/wifia/wifia-federal-compliance-requirements.  Signature:  By submitting this application, the undersigned certifies on behalf of the applicant that the facts stated and the certifications and representations made in this application are true, to the best of the applicant's knowledge and belief after due inquiry, and that the applicant has not omitted any material facts. The undersigned is an authorized representative of the applicant. Signature:  _________________________________________________________________________ Date Signed: ________________________________________________________________________    Name:  		____   _______________________   ________________________    Title:  		______________________________________________________    Organization:  	______________________________________________________    Street Address:  	______________________________________________________    City/State/Zip:  	______________________________   ____   _________________    Phone:  		_________________________    E-mail:  		______________________________________________________


[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Notices]
[Page 63036-63037]
[DOCID:fr22oc08-109]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58794; File No. SR-ISE-2008-77]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Fee Changes

October 15, 2008.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 10, 2008, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission the proposed rule change, as described in Items I,
II, and III below, which items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE is proposing to amend its Schedule of Fees to establish
fees for transactions in options on 4 Premium Products.\3\ The text of
the proposed rule change is available on the ISE's Web site (http://
www.ise.com), at the principal office of the ISE, and at the
Commission's Public Reference Room.
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    \3\ Premium Products is defined in the Schedule of Fees as the
products enumerated therein.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in sections A, B and C below, of the
most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    1. Purpose--The Exchange is proposing to amend its Schedule of Fees
to establish fees for transactions in options on the Claymore/BNY BRIC
ETF (``EEB''),\4\ the iShares Dow Jones U.S. Home Construction Index
Fund (``ITB''),\5\ the Market Vectors Steel ETF (``SLX'') \6\ and the
Short Dow 30SM ProShares (``DOG'').\7\ The Exchange
represents that EEB, ITB, SLX and DOG are eligible for options trading
because they constitute ``Exchange-Traded Fund Shares,'' as defined by
ISE Rule 502(h).
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    \4\ The ``BNY BRIC Index'' is a trademark of The Bank of New
York (``BNY'') and has been licensed for use for certain purposes by
Claymore Advisors, LLC (``Claymore''). All other trademarks and
service marks are the property of their respective owners. Claymore
is the investment adviser to EEB. The Claymore/BNY BRIC ETF
(``EEB'') is not sponsored, endorsed, or promoted by BNY and BNY
makes no representation regarding the advisability of investing in
EEB. Claymore and BNY have not licensed or authorized ISE to (i)
engage in the creation, listing, provision of a market for trading,
marketing, and promotion of options on EEB or (ii) to use and refer
to any of their trademarks or service marks in connection with the
listing, provision of a market for trading, marketing, and promotion
of options on EEB or with making disclosures concerning options on
EEB under any applicable federal or state laws, rules or
regulations. Claymore and BNY do not sponsor, endorse, or promote
such activity by ISE, and are not affiliated in any manner with ISE.
    \5\ iShares[reg] is a registered trademark of Barclays Global
Investors, N.A. (``BGI''), a wholly owned subsidiary of Barclays
Bank PLC. ``Dow Jones'' and ``Dow Jones U.S. Home Construction
Index'' are trademarks and service marks of Dow Jones & Company,
Inc. (``Dow Jones'') and have been licensed for use for certain
purposes by BGI. All other trademarks and service marks are the
property of their respective owners. The iShares Dow Jones U.S. Home
Construction Index Fund (``ITB'') is not sponsored, endorsed, or
promoted by Dow Jones. BGI and Dow Jones have not licensed or
authorized ISE to (i) engage in the creation, listing, provision of
a market for trading, marketing, and promotion of options on ITB or
(ii) to use and refer to any of their trademarks or service marks in
connection with the listing, provision of a market for trading,
marketing, and promotion of options on ITB or with making
disclosures concerning options on ITB under any applicable federal
or state laws, rules or regulations. BGI and Dow Jones do not
sponsor, endorse, or promote such activity by ISE, and are not
affiliated in any manner with ISE.
    \6\ The Market Vectors Steel ETF (``SLX'') is distributed by Van
Eck Securities Corporation (``VESC'') and tracks the AMEX Steel
Index. Van Eck Associates Corporation (``VEAC'') is the investment
adviser to SLX. VEAC has entered into a licensing agreement with the
American Stock Exchange (``AMEX'') to use the AMEX Steel Index in
connection with SLX. The AMEX' only relationship with VEAC is the
licensing of certain trademarks, service marks and trade names of
the AMEX Steel Index. The AMEX does not sponsor, endorse, or promote
SLX and makes no representation regarding the advisability of
investing in SLX. Neither VESC nor VEAC has licensed or authorized
ISE to (i) engage in the creation, listing, provision of a market
for trading, marketing, and promotion of options on SLX or (ii) to
use and refer to any of their trademarks or service marks in
connection with the listing, provision of a market for trading,
marketing, and promotion of options on SLX or with making
disclosures concerning options on SLX under any applicable federal
or state laws, rules or regulations. Neither VESC nor VEAC sponsors,
endorses, or promotes such activity by ISE, and are not affiliated
in any manner with ISE.
    \7\ ``Dow Jones,'' ``The Dow 30 SM,'' ``DJIA,'' and
the ``Dow Jones Industrial AverageTM '' are service marks
of Dow Jones & Company, Inc. (``Dow Jones'') and have been licensed
for use for certain purposes by ProFunds Trust. All other trademarks
and service marks are the property of their respective owners. The
Short Dow 30 SM ProShares (``DOG'') is not sponsored,
endorsed, or promoted by Dow Jones. ProFunds Trust and Dow Jones has
not licensed or authorized ISE to (i) engage in the creation,
listing, provision of a market for trading, marketing, and promotion
of options on DOG or (ii) to use and refer to any of their
trademarks or service marks in connection with the listing,
provision of a market for trading, marketing, and promotion of
options on DOG or with making disclosures concerning options on DOG
under any applicable federal or state laws, rules or regulations.
ProFunds Trust and Dow Jones does not sponsor, endorse, or promote
such activity by ISE and is not affiliated in any manner with ISE.
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    All of the applicable fees covered by this filing are identical to
fees charged by the Exchange for all other Premium Products.
Specifically, the Exchange is proposing to adopt an execution fee for
all transactions in options on EEB, ITB, SLX and DOG.\8\ The amount of
the execution fee for products covered by this filing shall be $0.18
per contract for all Public Customer Orders \9\ and $0.20 per contract
for all Firm Proprietary orders. The amount of the execution fee for
all ISE Market Maker transactions shall be equal to the execution fee
currently charged by the Exchange for ISE Market Maker transactions in
equity options.\10\ Finally, the amount of the execution fee for all
non-ISE Market Maker transactions shall be $0.45 per contract.\11\
Further, since options on EEB, ITB, SLX and DOG are multiply-listed,
the Exchange's Payment for Order Flow fee shall apply to all these
products. The Exchange believes the

proposed rule change will further the Exchange's goal of introducing
new products to the marketplace that are competitively priced.
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    \8\ These fees will be charged only to Exchange members. Under a
pilot program that is set to expire on July 31, 2009, these fees
will also be charged to Linkage Principal Orders (``Linkage P
Orders'') and Linkage Principal Acting as Agent Orders (``Linkage P/
A Orders''). The amount of the execution fee charged by the Exchange
for Linkage P Orders and Linkage P/A Orders is $0.24 per contract
side and $0.15 per contract side, respectively. See Securities
Exchange Act Release No. 58143 (July 11, 2008), 73 FR 41388 (July
18, 2008) (SR-ISE-2008-52).
    \9\ Public Customer Order is defined in Exchange Rule 100(a)(39)
as an order for the account of a Public Customer. Public Customer is
defined in Exchange Rule 100(a)(38) as a person or entity that is
not a broker or dealer in securities.
    \10\ The Exchange applies a sliding scale, between $0.01 and
$0.18 per contract side, based on the number of contracts an ISE
market maker trades in a month.
    \11\ The amount of the execution fee for non-ISE Market Maker
transactions executed in the Exchange's Facilitation and
Solicitation Mechanisms is $0.19 per contract.
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    2. Basis--The Exchange believes that the proposed rule change is
consistent with the objectives of Section 6 of the Act,\12\ in general,
and furthers the objectives of Section 6(b)(4),\13\ in particular, in
that it is designed to provide for the equitable allocation of
reasonable dues, fees and other charges among its members and other
persons using its facilities.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to section
19(b)(3) of the Act \14\ and Rule 19b-4(f)(2) \15\ thereunder. At any
time within 60 days of the filing of such proposed rule change, the
Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 19b-4(f)(2) [sic].
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-ISE-2008-77 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-ISE-2008-77. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commissions Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of the ISE. All comments received will
be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-ISE-2008-77 and should be submitted by
November 12, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-25164 Filed 10-21-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: May 15, 2009 (Volume 74, Number 93)]
[Notices]
[Page 22920-22921]
[DOCID:fr15my09-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL05-55-004; Docket No. EL05-63-006]

City of Holland, MI v. Midwest Independent Transmission System
Operator, Inc.; DTE Energy Trading, Inc. v. Midwest Independent
Transmission System Operator, Inc.; Notice of Filing

May 7, 2009.
    Take notice that on April 30, 2009, The Midwest Independent
Transmission System Operator, Inc. submit a refund report, effective
April 15, 2009, in compliance with the Commission's May 20, 2008 Order,
City of Holland, Michigan v. Midwest Independent Transmission System
Operator, Inc. and DTE Energy Trading, Inc. v. Midwest Independent
Transmission System Operator, Inc., 123 FERC 61,187 (2008) (May 20,
Order).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Comment Date: 5 p.m. Eastern Time on May 21, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-11337 Filed 5-14-09; 8:45 am]

BILLING CODE 6717-01-P