[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)]
[Proposed Rules]
[Pages 2933-2938]
[FR Doc No: 2016-31828]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL 9957-79-OW]

40 CFR Part 35

Notice of Funding Availability (NOFA) for Applications for Credit
Assistance Under the Water Infrastructure Finance and Innovation Act
(WIFIA) Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of funding availability.

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SUMMARY: In the Further Continuing and Security Assistance
Appropriations Act, 2017, signed by the President on December 10, 2016,
Congress provided $20 million in budget authority for the Water
Infrastructure Finance and Innovation Act of 2014 (WIFIA) program. This
funding covers the Federal government's anticipated cost of providing a
much larger amount of credit assistance. Environmental Protection
Agency (EPA) estimates that current budget authority may provide more
than $1 billion in credit assistance and may finance over $2 billion in
water infrastructure investment. The purpose of this notice of funding
availability (NOFA) is to solicit letters of interest (LOIs) from
prospective borrowers seeking credit assistance from EPA.
    EPA will evaluate and select proposed projects described in the
LOIs using the selection criteria established in regulation at 40 CFR
35.10055,\1\ and further described in this NOFA as well as the WIFIA
program handbook. This NOFA establishes relative weights that will be
used in the current LOI submittal period for the selection criteria and
outlines the process that applicants must follow to be considered for
WIFIA credit assistance.
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    \1\ 81 FR 91822, https://www.federalregister.gov/documents/2016/12/19/2016-30194/credit-assistance-for-water-infrastructure-projects
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    In addition, EPA reserves the right to make additional awards under
this announcement, consistent with Agency policy and guidance, if
additional funding is available after the original selections are made.

DATES: EPA will collect LOIs in two selection rounds in FY 2017. The
first LOI submittal period will begin on January 10, 2017, and end at
midnight in the time zone of the prospective borrower on April 10,
2017. The second LOI submittal period, if needed, will begin on August
1, 2017 and end at midnight in the time zone of the prospective
borrower on September 29, 2017.

ADDRESSES: Prospective borrowers should submit all LOIs electronically
via email at<EMAIL_ADDRESS>Prospective borrowers will receive a
confirmation email and are advised to request a return receipt to
confirm transmission. Only LOIs received by email, as provided above,
shall be considered for funding.
    Prospective borrowers can access additional information, including
the WIFIA program handbook and application materials, on the WIFIA Web
site: https://www.epa.gov/wifia/.

SUPPLEMENTARY INFORMATION: In the first selection round, EPA will make
available the full $17 million of budget authority appropriated for the
WIFIA program to provide credit assistance. This $17 million in Federal
funding can help finance total project costs of more than $2 billion.
If funding remains after the first selection round, EPA will hold a
second round. The second LOI submittal period, if needed, will begin on
August 1, 2017 and end at midnight in the time zone of the prospective
borrower on September 29, 2017. Late proposals will not be considered
for funding.
    EPA will announce the amount available in the second selection
round through a notice in the Federal Register, as well as on EPA's
WIFIA program Web site. In the event that EPA changes the application
or selection process to incorporate best practices from the initial
round, a new NOFA will be published.
    For a project to be considered during a selection round, EPA must
receive a complete LOI electronically via email before the
corresponding deadline listed above. EPA is only able to accept emails
of 25 MB or smaller with unzipped attachments. If necessary due to size
restrictions, prospective borrowers may submit attachments separately,
as long as they are received by the deadline.
    When writing a LOI, prospective borrowers must also fill out the
form

and follow the guidelines contained on the WIFIA program Web site:
https://www.epa.gov/wifia/. Prospective borrowers should provide the
LOI and any attachments as searchable PDF files, whenever possible, to
facilitate EPA's review. Additionally, prospective borrowers should
ensure that financial information, including the pro forma financial
statement, is in a formula-based Microsoft Excel document whenever
possible. Section V of this NOFA provides additional details on the
contents of the LOIs.
    EPA will invite final applications from prospective borrowers whose
project proposals are selected for continuation in the application
process. EPA must receive final applications within 365 days of the
invitation to apply. If EPA does not receive an application within this
timeframe, it is considered withdrawn and the prospective borrower will
need to resubmit a LOI to be considered in any subsequent rounds of
project selection.

Table of Contents

I. Background
II. Program Funding
III. Eligibility Requirements
IV. Types of Credit Assistance
V. Letters of Interest and Applications
VI. Fees
VII. Selection Criteria

I. Background

    Congress enacted WIFIA as part of the Water Resources Reform and
Development Act of 2014 (WRRDA). Codified at 33 U.S.C. 3901-3914, as
amended by sec. 5008 of the Water Infrastructure Improvements for the
Nation (WIIN) Act, signed into law by the President on December 16,
2016, WIFIA establishes a new federal credit program for water
infrastructure projects to be administered by EPA. WIFIA authorizes EPA
to provide federal credit assistance in the form of secured (direct)
loans or loan guarantees for eligible water infrastructure projects.
    The WIFIA program's mission is to accelerate investment in our
nation's water and wastewater infrastructure by providing long-term,
low-cost, supplemental credit assistance under customized terms to
creditworthy drinking water and wastewater infrastructure projects of
national and regional significance.

II. Program Funding

    Congress appropriated $20 million in funding to cover the subsidy
cost of providing WIFIA credit assistance. The subsidy cost represents
the Federal government's risk that the loan may not be paid back, and
since EPA anticipates that on average for the water industry, the risk
is relatively low, this funding can be leveraged into a much larger
amount of credit assistance. EPA estimates that this appropriation will
allow it to provide approximately $1 billion \2\ in long-term, low-cost
financing to water and wastewater projects and accelerate more than $2
billion in infrastructure investment around the country.
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    \2\ This estimated loan volume is provided for reference only.
Consistent with the Federal Credit Reform Act of 1990 and the
requirements of the Office of Management and Budget, the actual
subsidy cost of providing credit assistance is based on individual
project characteristics and calculated on a project-by-project
basis. Thus, actual lending capacity may vary.
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    Recognizing the need that exists in both small and large
communities to invest in infrastructure, Congress stipulated in WIFIA
that EPA set aside 15% of the budget authority appropriated each year
for small communities, defined as systems that serve a population of
less than 25,000. Of the funds set aside, any amount not obligated by
June 1 of the fiscal year for which budget authority is set aside may
be used for any size community. Regardless of whether EPA obligates
these funds by June 1 of the fiscal year for which budget authority is
set aside, EPA will endeavor to use 15% of its budget authority for
small communities.
    In addition to assisting both large and small projects and
communities, WIFIA will be an attractive borrowing mechanism for a
variety of different borrower and credit types. EPA anticipates that
WIFIA's low cost combined with the debt structuring flexibilities
offered by the program will be of benefit to municipalities, private
entities, project financings, and to the State Revolving Fund programs.

III. Eligibility Requirements

    The WIFIA statute and implementing rules set forth eligibility
requirements for prospective borrowers, projects, and project costs.
The requirements outlined below are described in greater detail in the
WIFIA program handbook.

A. Eligible Applicants

    Prospective borrowers must be one of the following in order to be
eligible for WIFIA credit assistance:
    (i) A corporation;
    (ii) A partnership;
    (iii) A joint venture;
    (iv) A trust;
    (v) A Federal, State, or local governmental entity, agency, or
instrumentality;
    (vi) A tribal government or a consortium of tribal governments; or
    (vii) A State infrastructure financing authority.

B. Eligible Projects

    The WIFIA statute authorizes EPA to provide credit assistance for a
wide variety of projects. Projects must be one of the following in
order to be eligible for WIFIA credit assistance:
    (i) One or more activities that are eligible for assistance under
section 603(c) of the Federal Water Pollution Control Act (33 U.S.C.
1383(c)), notwithstanding the public ownership requirement under
paragraph (1) of that subsection;
    (ii) One or more activities described in section 1452(a)(2) of the
Safe Drinking Water Act (42 U.S.C. 300j-12(a)(2));
    (iii) A project for enhanced energy efficiency in the operation of
a public water system or a publicly owned treatment works;
    (iv) A project for repair, rehabilitation, or replacement of a
treatment works, community water system, or aging water distribution or
waste collection facility (including a facility that serves a
population or community of an Indian reservation);
    (iv) A brackish or sea water desalination project, including
chloride control, a managed aquifer recharge project, a water recycling
project, or a project to provide alternative water supplies to reduce
aquifer depletion;
    (v) A project to prevent, reduce, or mitigate the effects of
drought, including projects that enhance the resilience of drought-
stricken watersheds;
    (vi) Acquisition of real property or an interest in real property--
    (a) If the acquisition is integral to a project described in
paragraphs (i) through (v); or
    (b) Pursuant to an existing plan that, in the judgment of the
Administrator, would mitigate the environmental impacts of water
resources infrastructure projects otherwise eligible for assistance
under this section;
    (vii) A combination of projects, each of which is eligible under
paragraph (i) or (ii), for which a State infrastructure financing
authority submits to the Administrator a single application; or
    (viii) A combination of projects secured by a common security
pledge, each of which is eligible under paragraph (i), (ii), (iii),
(iv), (v), or (vi), for which an eligible entity, or a combination of
eligible entities, submits a single application.

C. Eligible Costs

    As defined under 33 U.S.C. 3906 and described in the WIFIA program
handbook, eligible project costs are costs associated with the
following activities:

    (i) Development-phase activities, including planning, feasibility
analysis (including any related analysis necessary to carry out an
eligible project), revenue forecasting, environmental review,
permitting, preliminary engineering and design work, and other
preconstruction activities;
    (ii) Construction, reconstruction, rehabilitation, and replacement
activities;
    (iii) The acquisition of real property or an interest in real
property (including water rights, land relating to the project, and
improvements to land), environmental mitigation (including acquisitions
pursuant to section 5026(7) of the statute), construction
contingencies, and acquisition of equipment; and
    (iv) Capitalized interest necessary to meet market requirements,
reasonably required reserve funds, capital issuance expenses, and other
carrying costs during construction. Capitalized interest on WIFIA
credit assistance may not be included as an eligible project cost.

D. Threshold Requirements

    In order for a project to be considered for WIFIA credit
assistance, a project must meet the following six criteria:
    (i) The project and obligor shall be creditworthy;
    (ii) A project shall have eligible project costs that are
reasonably anticipated to equal or exceed $20 million, or for a project
eligible under paragraphs (2) or (3) of 33 U.S.C. 3905 serving a
community of not more than 25,000 individuals, project costs that are
reasonably anticipated to equal or exceed $5 million;
    (iii) Project financing shall be repayable, in whole or in part,
from State or local taxes, user fees, or other dedicated revenue
sources that also secure the senior project obligations of the project;
shall include a rate covenant, coverage requirement, or similar
security feature supporting the project obligations; and may have a
lien on revenues subject to any lien securing project obligations;
    (iv) In the case of a project that is undertaken by an entity that
is not a State or local government or an agency or instrumentality of a
State or local government, or a tribal government or consortium of
tribal governments, the project that the entity is undertaking shall be
publicly sponsored.
    (v) The applicant shall have developed an operations and
maintenance plan that identifies adequate revenues to operate,
maintain, and repair the project during its useful life.

E. Federal Requirements

    All projects receiving WIFIA assistance must comply with Federal
requirements and regulations, including (but not limited to):
    (i) American Iron and Steel Requirement, 33 U.S.C. 3914, https://www.epa.gov/cwsrf/state-revolving-fund-american-iron-and-steel-ais-requirement;
    (ii) Labor Standards, 33 U.S.C. 1372, https://www.dol.gov/whd/govcontracts/dbra.htm;
    (iii) National Environmental Policy Act of 1969, 42 U.S.C. 4321 et
seq., https://www.epa.gov/nepa;
    (iv) Floodplain Management, Executive Order 11988, 42 FR 26951, May
24, 1977, as amended by Executive Order 13690, 80 FR 6425, February 4,
2015, https://www.archives.gov/federal-register/codification/executive-order/11988.html, https://www.whitehouse.gov/the-press-office/2015/01/30/executive-order-establishing-federal-flood-risk-management-standard-and-https://www.fema.gov/media-library/assets/documents/110377;
    (v) Archeological and Historic Preservation Act, 16 U.S.C. 469-
469c, https://www.nps.gov/archeology/tools/laws/ahpa.htm;
    (vi) Clean Air Act, 42 U.S.C. 7401 et seq., https://www.epa.gov/clean-air-act-overview;
    (vii) Clean Water Act, 33 U.S.C. 1251 et seq., https://www.epa.gov/aboutepa/about-office-water;
    (viii) Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq.,
https://www.fws.gov/ecological-services/habitat-conservation/cbra/Act/index.html;
    (ix) Coastal Zone Management Act, 16 U.S.C. 1451 et seq., https://coast.noaa.gov/czm/about/;
    (x) Endangered Species Act, 16 U.S.C. 1531 et seq., https://www.fws.gov/endangered/;
    (xi) Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, Executive Order 12898, 59 FR
7629, February 16, 1994, https://www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf;
    (xii) Protection of Wetlands, Executive Order 11990, 42 FR 26961,
May 25, 1977, as amended by Executive Order 12608, 52 FR 34617,
September 14, 1987, https://www.epa.gov/cwa-404;
    (xiii) Farmland Protection Policy Act, 7 U.S.C. 4201 et seq.,
https://www.nrcs.usda.gov/wps/portal/nrcs/detail/?cid=nrcs143_008275;
    (xiv) Fish and Wildlife Coordination Act, 16 U.S.C. 661-666c, as
amended, https://www.fws.gov/;
    (xv) Magnuson-Stevens Fishery Conservation and Management Act, 16
U.S.C. 1801 et seq., http://www.nmfs.noaa.gov/sfa/laws_policies/msa/;
    (xvi) National Historic Preservation Act, 16 U.S.C. 470 et seq.,
https://www.nps.gov/archeology/tools/laws/NHPA.htm;
    (xvii) Safe Drinking Water Act, 42 U.S.C. 300f et seq., https://www.epa.gov/ground-water-and-drinking-water;
    (xviii) Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq., https://rivers.gov/;
    (xix) Debarment and Suspension, Executive Order 12549, 51 FR 6370,
https://www.archives.gov/federal-register/codification/executive-order/12549.html;
    (xx) Demonstration Cities and Metropolitan Development Act, 42
U.S.C. 3301 et seq., as amended, and Executive Order 12372, 47 FR
30959, http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning;
    (xxi) Drug-Free Workplace Act, 41 U.S.C. 8101 et seq., https://webapps.dol.gov/elaws/asp/drugfree/screen4.htm;
    (xxii) New Restrictions on Lobbying, 31 U.S.C. 1352, https://www.epa.gov/grants/lobbying-and-litigation-information-federal-grants-cooperative-agreements-contracts-and-loans;
    (xxiii) Prohibitions relating to violations of the Clean Water Act
or Clean Air Act with respect to Federal contracts, grants, or loans
under 42 U.S.C. 7606 and 33 U.S.C. 1368, and Executive Order 11738, 38
FR 25161, September 12, 1973, https://www.archives.gov/federal-register/codification/executive-order/11738.html;
    (xxiv) The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, 42 U.S.C. 4601 et seq., https://www.gpo.gov/fdsys/pkg/FR-2005-01-04/pdf/05-6.pdf;
    (xxv) Age Discrimination Act, 42 U.S.C. 6101 et seq., https://www.eeoc.gov/laws/statutes/adea.cfm;
    (xxvi) Equal Employment Opportunity, Executive Order 11246, 30 FR
12319, September 28, 1965, https://www.dol.gov/ofccp/regs/compliance/ca_11246.htm;
    (xxvii) Section 13 of the Clean Water Act, Pub. L. 92-500, codified
in 42 U.S.C. 1251, https://www.epa.gov/ocr/section-13-federal-water-pollution-control-act-amendments-1972;
    (xxviii) Section 504 of the Rehabilitation Act, 29 U.S.C. 794,
supplemented by Executive Orders 11914, 41 FR 17871, April 29, 1976 and

11250, 30 FR 13003, October 13, 1965, https://www.epa.gov/ocr/section-504-rehabilitation-act-1973;
    (xxix) Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et
seq., https://www.epa.gov/environmentaljustice/title-vi-and-environmental-justice;
    (xxx) Participation by Disadvantaged Business Enterprises in
Procurement under Environmental Protection Agency (EPA) Financial
Assistance Agreements, 73 FR 15904, https://www.epa.gov/resources-small-businesses.
    Detailed information about some of these requirements is outlined
in the WIFIA program handbook. Further information can be found at the
links above.

IV. Types of Credit Assistance

    Under WIFIA, EPA is permitted to provide credit assistance in the
form of secured (direct) loans or loan guarantees. The maximum amount
of WIFIA credit assistance to a project is 49 percent of eligible
project costs. Each prospective borrower will list the estimated total
capital costs of the project, broken down by activity type and
differentiating between eligible project costs and ineligible project
costs in the LOI and application.

V. Letters of Interest and Applications

    Each prospective borrower will be required to submit a LOI and, if
invited, an application to EPA in order to be considered for approval.
This section describes the LOI submission and application submission.

A. Letter of Interest

    Applicants seeking a WIFIA loan must submit a LOI describing the
project fundamentals and addressing the WIFIA selection criteria.
    The primary purpose of the LOI is to provide adequate information
to EPA to: (i) Validate the eligibility of the prospective borrower and
the prospective project, (ii) perform a preliminary creditworthiness
assessment, (iii) perform a preliminary engineering feasibility
assessment, and (iv) evaluate the project against the selection
criteria and identify which projects EPA will invite to submit
applications. Prospective borrowers are encouraged to review the WIFIA
program handbook to help create the best justification possible for the
project and a cohesive and comprehensive LOI submittal.
    Prospective applicants should utilize the LOI form on the WIFIA Web
site and ensure that sufficient detail about the project is provided
for EPA's review. EPA will notify a prospective applicant if a project
is deemed ineligible as described in Section III of this NOFA and based
on the information provided in the LOI.
    Below is guidance on what should be included in the LOI.
    A. Prospective Borrower Information. In this section, the
prospective borrower describes its project's organizational structure,
financial condition and experience, and project's readiness to proceed.
Also, the prospective borrower provides basic information such as its
address, Web site, Dun and Bradstreet Data Universal Number System
(DUNS) number, and employer/taxpayer identification number numbers. As
part of the description of its financial condition, the prospective
borrower should include the year-end audited financial statements for
the past three years, as available.
    In the case of a project that is undertaken by an entity that is
not a State or local government or an agency or instrumentality of a
State or local government, or a tribal government or consortium of
tribal governments, the project that the entity is undertaking must be
publicly sponsored. Public sponsorship means that the recipient can
demonstrate, to the satisfaction of the EPA, that the project applicant
has consulted with the affected State, local, or tribal government in
which the project is located, or is otherwise affected by the project
and that such government supports the proposed project. A prospective
borrower can show support by including a certified letter signed by the
approving municipal department or similar agency, mayor or other
similar designated authority, local ordinance, or any other means by
which local government approval can be evidenced.
    B. Project Plan. The prospective borrower provides a general
description of the project, including its location, population served,
purpose, design features, estimated capital cost, and development
schedule. The prospective borrower describes how the project can be
categorized as one of the project types eligible for WIFIA assistance
as described in the program handbook. The prospective borrower includes
other relevant information that could affect the development of the
project, such as community support, pending legislation, or litigation.
In this section, the prospective borrower summarizes the status of the
project's environmental review, engineering report, and other approvals
or analyses that are integral to the project's development.
    C. Project Operations and Maintenance Plan. The prospective
borrower describes its plan for operating, maintaining, and repairing
the project post-completion, discusses the sources of revenue used to
finance these activities, and provides an estimate of the useful life
of the project.
    D. Financing Plan. The prospective borrower details the proposed
sources and uses of funds for the project and states the type and
amount of credit assistance it is seeking from the WIFIA program. The
discussion of proposed financing should identify the source(s) of
revenue or other security that would be pledged to the WIFIA
assistance. Additionally, the prospective borrower describes the credit
characteristics of the project and how the senior obligations of the
project will achieve an investment-grade rating as well as the
anticipated rating on the WIFIA instrument. It also includes a summary
financial pro forma as well as revenue and expense projections for the
life of the WIFIA debt.
    E. Selection Criteria. The prospective borrower describes the
potential policy benefits achieved through the use of WIFIA assistance
with respect to each of the WIFIA program selection criteria. These
criteria and their weights are enumerated in Section VII of this NOFA
and further explained in the program handbook.
    F. Contact Information.The prospective borower identifies the point
of contact with whom the WIFIA program should communicate regarding the
LOI. For the purpose of completing its evaluation, WIFIA program staff
may contact a prospective borrower regarding specific information in
the LOI.
    G. Certifications. The prospective borrower certifies that it will
abide by all applicable laws and regulations, including NEPA, the
Federal Water Pollution Control Act, the American Iron and Steel
requirements, and Federal labor standards, among others if selected to
receive funding.
    H. SRF Notification. The prospective borrower acknowledges that EPA
will notify the State infrastructure financing authority in the State
in which the project is located that it submitted a LOI and provide the
submitted LOI and source documents to that authority. The prospective
borrower may opt out of having its LOI and source documents shared.

B. Application

    After the EPA concludes its evaluation of the LOIs, a selection
committee will invite prospective borrowers to apply based on
preliminary engineering feasibility findings, the preliminary
creditworthiness assessment, the amount of budget authority necessary
to

provide WIFIA credit assistance, and the scoring of the selection
criteria in accordance with Section VII of this NOFA.
    Applications must be submitted using the form provided on the WIFIA
Web site: https://www.epa.gov/wifia/. The purpose of the application is
to provide the WIFIA program with the materials necessary to underwrite
the loan. Underwriting performed by the WIFIA team will include a
thorough evaluation of the project's plan of finance and underlying
economics, including a detailed assessment of the project's cash flow
and proposed credit terms. The WIFIA team will review the inputs and
assumptions in the financing plan, the revenue and expenditures in the
financing plan, the project's ability to meet WIFIA loan repayment
obligations, and project risks and mitigants, among other things. An
application fee may be required, as determined by the final fee rule.
    EPA will require a preliminary rating opinion letter indicating
that the project's senior debt obligations have the potential to attain
an investment-grade rating, prior to approving a project for credit
assistance. To demonstrate this potential, each application must
include a preliminary rating opinion letter from a Nationally
Recognized Statistical Rating Organization (NRSRO) that addresses the
creditworthiness of the senior debt obligations funding the project
(i.e., debt obligations which have a lien senior to that of the WIFIA
credit instrument on the pledged security) and the default risk of the
WIFIA loan. The preliminary rating opinion letter must be based on the
financing structure proposed by the prospective borrower, must conclude
that there is a reasonable probability for the senior debt obligations
to receive an investment grade rating, and should opine on the default
risk of the WIFIA credit assistance itself. If the WIFIA credit
assistance is proposed as the senior obligation, then it must receive
the investment grade rating. A project that does not demonstrate the
potential for its senior obligations to receive an investment grade
rating will not be considered for a WIFIA loan.
    Finally, prior to execution of a WIFIA loan agreement, each
prospective borrower must obtain two investment grade ratings on its
project's senior debt obligations (which may be the WIFIA credit
instrument) and revised opinions on the default risk of the WIFIA loan.
    Detailed information requirements for the application are listed in
the application form, and are described in the WIFIA program handbook.

VI. Fees

    There is no fee to submit a LOI. EPA has proposed in ``Fees for
Water Infrastructure Project Applications under WIFIA'', found at
Docket ID No. EPA-HQ-OW-2016-0568 at http://www.regulations.gov, that
each invited applicant must submit, concurrent with its application, a
non-refundable Application Fee of $25,000 for projects serving
communities of not more than 25,000 individuals or $100,000 for all
other projects. Applications will not be evaluated until the
Application Fee is paid. For successful applicants, this fee will be
credited toward final payment of a Credit Processing Fee, assessed
following financial close, to reimburse the EPA for actual engineering,
financial, and legal costs. In the event a final credit agreement is
not executed, the borrower is still required to reimburse EPA for the
costs incurred. Typically, the amount of this credit processing fee is
expected to range between $350,000 and $700,000, although it can be
greater for projects that require complex financial structures and
extended negotiations or lower for projects that require simpler
financial structures and shorter negotiations.
    Borrowers may finance any of the fees described above with WIFIA
credit assistance, in accordance with recent amendments to WIFIA found
in section 5008 of the Water Infrastructure Improvements for the Nation
(WIIN) Act. Borrowers may not finance any other expenses associated
with the application process, such as charges associated with obtaining
the required preliminary rating opinion letter, with WIFIA credit
assistance.

VII. Selection Process and Criteria

    This section specifies the criteria and process that EPA will use
to evaluate and award applications for WIFIA assistance.
    After EPA concludes its evaluation of the LOIs, a selection
committee will invite prospective borrowers to apply based on the
scoring of the selection criteria, the initially estimated amount of
budget authority consumed by the project, the preliminary
creditworthiness assessment, and the preliminary engineering
feasibility assessment. In addition, the selection committee will take
into consideration geographic and project diversity when identifying
which projects should be invited to submit complete applications.
    To maintain consistency throughout the evaluation process, the
criteria will receive a score on the rating scale of 1-5, 1 being the
lowest. Each criterion is weighted based upon EPA's mission and
priorities as well as factors influencing the successful implementation
of the WIFIA program. There is no threshold score that must be achieved
in order to be selected. Rather, the selection committee will weigh
each of the factors outlined above in making final determinations.
    An invitation to apply for WIFIA credit assistance does not
guarantee EPA's approval, which remains subject to a project's
continued eligibility, including creditworthiness, the successful
negotiation of terms acceptable to EPA, and the availability of funds
at the time at which all necessary recommendations and evaluations have
been completed. However, the purpose of EPA's LOI review is to pre-
screen prospective borrowers to the extent practicable. In doing this,
it is expected that EPA will only invite projects to apply if it
anticipates that those projects are able to obtain WIFIA credit
assistance.
    The selection criteria incorporate statutory eligibility
requirements as well as EPA priorities. EPA has identified the
following project priorities for the LOI submittal period:
    (i) Adaptation to extreme weather and climate change including
enhanced infrastructure resiliency, water recycling and reuse, and
managed aquifer recovery;
    (ii) Enhanced energy efficiency of treatment works, public water
systems, and conveyance systems, including innovative, energy efficient
nutrient treatment;
    (iii) Green infrastructure; and
    (iv) Repair, rehabilitation, and replacement of infrastructure and
conveyance systems.
    EPA's priorities reflect water sector challenges that require
innovative tools to assist municipalities in managing and adapting to
our most pressing public health and environmental challenges. These
priorities are reflected in the relative weights of the thirteen
selection criteria below, described in greater detail in the WIFIA
program handbook.
    Listed in order of relative weight for this LOI submittal period,
the WIFIA selection criteria are as follows:
    (i) The extent to which the project is nationally or regionally
significant, with respect to the generation of economic and public
health benefits: 10 percent.
    (ii) The likelihood that assistance under WIFIA would enable the
project to proceed at an earlier date than the project would otherwise
be able to proceed: 5 percent.
    (iii) The extent to which the project uses new or innovative
approaches such as the use of energy efficient parts and

systems, or the use of renewable or alternate sources of energy; green
infrastructure; and the development of alternate sources of drinking
water through desalination, aquifer recharge or water recycling: 10
percent.
    (iv) The extent to which the project protects against extreme
weather events, such as floods or hurricanes, as well as the impacts of
climate change: 10 percent.
    (v) The extent to which the project helps maintain or protect the
environment or public health: 10 percent.
    (vi) The extent to which the project serves regions with
significant energy exploration, development, or production areas: 5
percent.
    (vii) The extent to which the project serves regions with
significant water resource challenges, including the need to address
water quality concerns related to groundwater, surface water, or other
resources, significant flood risk, water resource challenges identified
in existing regional, state, or multistate agreements, and water
resources with exceptional recreational value or ecological importance:
10 percent.
    (viii) The extent to which the project addresses identified
municipal, state, or regional priorities: 5 percent.
    (ix) The readiness of the project to proceed towards development,
including a demonstration by the prospective borrower that there is
reasonable expectation that the contracting process for construction of
the project can commence by not later than ninety days after the date
on which a Federal credit instrument is obligated: 5 percent.
    (x) The extent to which the project financing plan includes public
or private financing in addition to assistance under WIFIA: 5 percent.
    (xi) The extent to which assistance under WIFIA reduces the
contribution of Federal assistance to the project: 5 percent.
    (xii) The extent to which the project addresses needs for repair,
rehabilitation, or replacement of a treatment works, community water
system, or aging water distribution or wastewater collection system: 10
percent.
    (xiii) The extent to which the project serves economically stressed
communities, or pockets of economically stressed rate payers within
otherwise non- communities: 10 percent.
    The scoring scales and guidance used to evaluate each project
against the selection criteria are available in the WIFIA program
handbook. Prospective borrowers considering WIFIA should review the
WIFIA program handbook and discuss how the project addresses each of
these selection criteria in the LOI submission.
    In the event that EPA changes the application or selection process
to incorporate best practices from the initial round, a new NOFA will
be published. Any updates will also be available on the WIFIA Web site:
https://www.epa.gov/wifia/.

    Authority:  33 U.S.C. 3901-3914; 40 CFR part 35.

    Dated: December 22, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-31828 Filed 1-9-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Notices]
[Pages 36313-36314]
[FR Doc No: 2016-13223]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-0643]

Labeling for Biosimilar Products; Draft Guidance for Industry;
Availability; Extension of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability; extension of comment period.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is extending
the comment period for the notice entitled ``Labeling for Biosimilar
Products; Draft Guidance for Industry; Availability'' that appeared in
the Federal Register of April 4, 2016. The Agency is taking this action
to allow interested persons additional time to submit comments.

DATES: FDA is extending the comment period for the notice that
published on April 4, 2016 (81 FR 19194) by an additional 60 days.
Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to permit the Agency to consider your comments before
issuing the final version of the guidance, submit either electronic or
written comments on the draft guidance by August 2, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''

    Instructions: All submissions received must include the Docket No.
FDA-2016-D-0643 for ``Labeling for Biosimilar Products; Draft Guidance
for Industry; Availability.'' Received comments will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at http://www.regulations.gov or at the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of the draft guidance to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002; or the
Office of Communication, Outreach and Development, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Sandra Benton, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6340, Silver Spring, MD 20993-0002, 301-
796-1042; or Stephen Ripley, Center for Biologics Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
71, Rm. 7301, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of April 4, 2016 (81 FR 19194), FDA
published a notice with a 60-day comment period to request comments on
the draft guidance for industry entitled ``Labeling for Biosimilar
Products.'' FDA is extending the comment period for an additional 60
days, until August 2, 2016. The Agency believes that a 60-day extension
will allow adequate time for interested persons to submit comments
without compromising timely publication of the final guidance.

II. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, or
http://www.regulations.gov.

    Dated: May 31, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-13223 Filed 6-3-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 127 (Wednesday, July 2, 2014)]
[Notices]
[Pages 37735-37736]
[FR Doc No: 2014-15518]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12713-003]

Notice of Application Accepted for Filing, Soliciting Comments,
Motions To Intervene, and Protests; Reedsport OPT Wave Park, LLC

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Proceeding: Surrender of License.
    b. Project No.: 12713-003.
    c. Date Filed: May 30, 2014.
    d. Licensee: Reedsport OPT Wave Park, LLC.
    e. Name of Project: Reedsport OPT Wave Park Project.
    f. Location: The project is located in the Pacific Ocean in state
waters about 2.5 miles off the coast near Reedsport, in Douglas County,
Oregon. The project would occupy about 5 acres of federal lands in the
Siuslaw National Forest (Oregon Dunes National Recreation Area).
    g. Filed Pursuant to: 18 CFR 6.2.
    h. Licensee Contact: Mr. David R. Heinz, Vice President of Sole
Member, Ocean Power Technologies, Inc., 1590 Reed Road, Pennington, NJ
08534, Telephone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    i. FERC Contact: Ms. Patricia W. Gillis,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments and protests is 30 days from the
issuance of this notice by the Commission. Please file your submittal
electronically via the Internet (eFiling) in lieu of paper. Please
refer to the instructions on the Commission's Web site under http://www.ferc.gov/docs-filing/efiling.asp and filing instructions in the
Commission's Regulations at 18 CFR section 385.2001(a)(1)(iii). To
assist you with eFilings you should refer to the submission guidelines
document at http://www.ferc.gov/help/submission-guide/user-guide.pdf.
In addition, certain filing requirements have statutory or regulatory
formatting and other instructions. You should refer to a list of these
``qualified documents'' at http://www.ferc.gov/docs-filing/efiling/filing.pdf. You must include your name and contact information at the
end of your comments. Please include the project number (P-12713-003)
on any documents or motions filed. The Commission strongly encourages
electronic filings; otherwise, you should submit an original and seven
copies of any submittal to the following address: The Secretary,
Federal Energy Regulatory Commission, Mail Code: DHAC, PJ-12, 888 First
Street NE., Washington, DC 20426.
    k. Description of Project Facilities: The single Floating Gravity
Based Anchor is the only project feature that has not been removed. A
Decommissioning Plan will be submitted to the Commission for approval
once the resources agencies have submitted their comments to Reedsport
OPT Wave Park, LLC.
    l. Description of Proceeding: On May 30, 2014, Reedsport OPT Wave
Park, LLC filed an application stating that due to financial and
regulatory challenges they unfortunately have been forced to conclude
that they cannot proceed with the development of the Reedsport OPT Wave
Park Project.
    m. This notice is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street NE.,
Washington, DC 20426. The filing may also be viewed on the Commission's
Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the
Docket number (P-12713-003) excluding the last three digits in the
docket number field to access the notice. You may also register online
at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via
email of new filings and issuances related to this or other pending
projects. For assistance, call toll-free 1-866-208-3676 or email
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>.
    n. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    o. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    p. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to

which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works which are the subject of the license surrender.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.
    q. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described proceeding. If any agency does not
file comments within the time specified for filing comments, it will be
presumed to have no comments.

    Dated: June 26, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-15518 Filed 7-1-14; 8:45 am]
BILLING CODE 6717-01-P