Notice of Contract Proposal (NOCP) for Payments to Eligible Advanced Biofuel Producers, 27998-28007 [E9-13816]

Agencies

• DEPARTMENT OF AGRICULTURE
• Rural Business-Cooperative Service

[Federal Register Volume 74, Number 112 (Friday, June 12, 2009)]
[Notices]
[Pages 27998-28007]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13816]


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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service


Notice of Contract Proposal (NOCP) for Payments to Eligible 
Advanced Biofuel Producers

AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Notice.

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SUMMARY: This Notice announces the intention of the U.S. Department of 
Agriculture to enter into Contracts to make payments to Eligible 
Advanced Biofuel Producers to support and ensure an expanding 
production of Advanced Biofuels. This program is authorized under Title 
IX, Section 9001, of the Food, Conservation, and Energy Act of 2008 
(Pub. L. 110-234). In addition, this program is intended to support 
Federal policy calling for greater production and use of Advanced 
Biofuels. The Agency will authorize up to $30 million in funding for 
this program for fiscal year (FY) 2009.

DATES: Applications for participating in this program for Fiscal Year 
2009 must be received between June 12, 2009 and August 11, 2009.
    The comment period for information collection under the Paperwork 
Reduction Act of 1995 continues through August 11, 2009. Comments on 
the paper work burden must be received by this date to be assured of 
consideration.

ADDRESSES: Application materials may be obtained by contacting the 
USDA, Rural Development State Office, Renewable Energy Coordinator. 
Submit applications to the Rural Development State Office in the State 
in which the applicant's principal office is located.

USDA Rural Development State Renewable Energy Coordinators

    Note: Telephone numbers listed are not toll-free.


[[Page 27999]]



Alabama

    Quinton Harris, USDA Rural Development, Sterling Centre, Suite 601, 
4121 Carmichael Road, Montgomery, AL 36106-3683. (334) 279-3623. 
Quinton.Harris@al.usda.gov.

Alaska

    Dean Stewart, USDA Rural Development, 800 West Evergreen, Suite 
201, Palmer, AK 99645-6539. (907) 761-7722. dean.stewart@ak.usda.gov.

Arizona

    Alan Watt, USDA Rural Development, 230 North First Avenue, Suite 
206, Phoenix, AZ 85003-1706. (602) 280-8769. Alan.Watt@az.usda.gov.

Arkansas

    Tim Smith, USDA Rural Development, 700 West Capitol Avenue, Room 
3416, Little Rock, AR 72201-3225. (501) 301-3280. 
Tim.Smith@ar.usda.gov.

California

    Philip Brown, USDA Rural Development, 430 G Street, 4169, 
Davis, CA 95616. (530) 792-5811. Philip.brown@ca.usda.gov.

Colorado

    April Dahlager, USDA Rural Development, 655 Parfet Street, Room E-
100, Lakewood, CO 80215. (720) 544-2909. april.dahlager@co.usda.gov.

Connecticut

    Charles W. Dubuc, USDA Rural Development, 451 West Street, Suite 2, 
Amherst, MA 01002. (401) 826-0842, X 306. Charles.Dubuc@ma.usda.gov.

Delaware

    Bruce Weaver, USDA Rural Development, 1221 College Park Drive, 
Suite 200, Dover, DE 19904. (302) 857-3626. Bruce.Weaver@de.usda.gov.

Federated States of Micronesia

    Tim O'Connell, USDA Rural Development, Federal Building, Room 311, 
154 Waianuenue Avenue, Hilo, HI 96720. (808) 933-8313. 
Tim.Oconnell@hi.usda.gov.

Florida

    Joe Mueller, USDA Rural Development, 4440 NW. 25th Place, 
Gainesville, FL 32606. (352) 338-3482. joe.mueller@fl.usda.gov.

Georgia

    J. Craig Scroggs, USDA Rural Development, 111 E. Spring St., Suite 
B, Monroe, GA 30655. Phone 770-267-1413 ext. 113. 
craig.scroggs@ga.usda.gov.

Guam

    Tim O'Connell, USDA Rural Development, Federal Building, Room 311, 
154 Waianuenue Avenue, Hilo, HI 96720. (808) 933-8313. 
Tim.Oconnell@hi.usda.gov.

Hawaii

    Tim O'Connell, USDA Rural Development, Federal Building, Room 311, 
154 Waianuenue Avenue, Hilo, HI 96720. (808) 933-8313. 
Tim.Oconnell@hi.usda.gov.

Idaho

    Brian Buch, USDA Rural Development, 9173 W. Barnes Drive, Suite A1, 
Boise, ID 83709. (208) 378-5623. Brian.Buch@id.usda.gov.

Illinois

    Molly Hammond, USDA Rural Development, 2118 West Park Court, Suite 
A, Champaign, IL 61821. (217) 403-6210. Molly.Hammond@il.usda.gov.

Indiana

    Jerry Hay, USDA Rural Development, 2411 N. 1250 W., Deputy, IN 
47230. (812) 873-1100. Jerry.Hay@in.usda.gov.

Iowa

    Teresa Bomhoff, USDA Rural Development, 873 Federal Building, 210 
Walnut Street, Des Moines, IA 50309. (515) 284-4447. 
teresa.bomhoff@ia.usda.gov.

Kansas

    David Kramer, USDA Rural Development, 1303 SW First American Place, 
Suite 100, Topeka, KS 66604-4040. (785) 271-2744. 
david.kramer@ks.usda.gov.

Kentucky

    Scott Maas, USDA Rural Development, 771 Corporate Drive, Suite 200, 
Lexington, KY 40503. (859) 224-7435. scott.maas@ky.usda.gov.

Louisiana

    Kevin Boone, USDA Rural Development, 905 Jefferson Street, Suite 
320, Lafayette, LA 70501. (337) 262-6601, Ext. 133. 
Kevin.Boone@la.usda.gov.

Maine

    John F. Sheehan, USDA Rural Development, 967 Illinois Avenue, Suite 
4, P.O. Box 405, Bangor, ME 04402-0405. (207) 990-9168. 
john.sheehan@me.usda.gov.

Maryland

    Bruce Weaver, USDA Rural Development, 1221 College Park Drive, 
Suite 200, Dover, DE 19904. (302) 857-3626. Bruce.Weaver@de.usda.gov.

Massachusetts

    Charles W. Dubuc, USDA Rural Development, 451 West Street, Suite 2, 
Amherst, MA 01002. (401) 826-0842 X 306. Charles.Dubuc@ma.usda.gov.

Michigan

    Traci J. Smith, USDA Rural Development, 3001 Coolidge Road, Suite 
200, East Lansing, MI 48823. (517) 324-5157. Traci.Smith@mi.usda.gov.

Minnesota

    Lisa L. Noty, USDA Rural Development, 1400 West Main Street, Albert 
Lea, MN 56007. (507) 373-7960 Ext. 120. lisa.noty@mn.usda.gov.

Mississippi

    G. Gary Jones, USDA Rural Development, Federal Building, Suite 831, 
100 West Capitol Street, Jackson, MS 39269. (601) 965-5457. 
george.jones@ms.usda.gov.

Missouri

    Matt Moore, USDA Rural Development, 601 Business Loop 70 West, 
Parkade Center, Suite 235, Columbia, MO 65203. (573) 876-9321. 
matt.moore@mo.usda.gov.

Montana

    John Guthmiller, USDA Rural Development, 900 Technology Blvd., Unit 
1, Suite B, P.O. Box 850, Bozeman, MT 59771. (406) 585-2540. 
John.Guthmiller@mt.usda.gov.

Nebraska

    Debra Yocum, USDA Rural Development, 100 Centennial Mall North, 
Room 152, Federal Building, Lincoln, NE 68508. (402) 437-5554. 
Debra.Yocum@ne.usda.gov.

Nevada

    Herb Shedd, USDA Rural Development, 1390 South Curry Street, Carson 
City, NV 89703. (775) 887-1222. herb.shedd@nv.usda.gov.

New Hampshire

    Cheryl Ducharme, USDA Rural Development, 89 Main Street, 3rd Floor, 
Montpelier, VT 05602. 802-828-6083. cheryl.ducharme@vt.usda.gov.

New Jersey

    Victoria Fekete, USDA Rural Development, 8000 Midlantic Drive, 5th 
Floor North, Suite 500, Mt. Laurel, NJ 08054. (856) 787-7752. 
Victoria.Fekete@nj.usda.gov.

[[Page 28000]]

New Mexico

    Jesse Bopp, USDA Rural Development, 6200 Jefferson Street, NE., 
Room 255, Albuquerque, NM 87109. (505) 761-4952. 
Jesse.bopp@nm.usda.gov.

New York

    Thomas Hauryski, USDA Rural Development, 415 West Morris Street, 
Bath, NY 14810. (607) 776-7398 Ext. 132. Thomas.Hauryski@ny.usda.gov.

North Carolina

    David Thigpen, USDA Rural Development, 4405 Bland Rd. Suite 260, 
Raleigh, NC 27609. 919-873-2065. David.Thigpen@nc.usda.gov.

North Dakota

    Dennis Rodin, USDA Rural Development, Federal Building, Room 208, 
220 East Rosser Avenue, P.O. Box 1737, Bismarck, ND 58502-1737. (701) 
530-2068. Dennis.Rodin@nd.usda.gov.

Ohio

    Randy Monhemius, USDA Rural Development, Federal Building, Room 
507, 200 North High Street, Columbus, OH 43215-2418. (614) 255-2424. 
Randy.Monhemius@oh.usda.gov.

Oklahoma

    Jody Harris, USDA Rural Development, 100 USDA, Suite 108, 
Stillwater, OK 74074-2654. (405) 742-1036. Jody.harris@ok.usda.gov.

Oregon

    Don Hollis, USDA Rural Development, 1229 SE Third Street, Suite A, 
Pendleton, OR 97801-4198. (541) 278-8049, Ext. 129. 
Don.Hollis@or.usda.gov.

Pennsylvania

    Bernard Linn, USDA Rural Development, One Credit Union Place, Suite 
330, Harrisburg, PA 17110-2996. (717) 237-2182. 
Bernard.Linn@pa.usda.gov.

Puerto Rico

    Luis Garcia, USDA Rural Development, IBM Building, 654 Munoz Rivera 
Avenue, Suite 601, Hato Rey, PR 00918-6106. (787) 766-5091, Ext. 251. 
Luis.Garcia@pr.usda.gov.

Republic of Palau

    Tim O'Connell, USDA Rural Development, Federal Building, Room 311, 
154 Waianuenue Avenue, Hilo, HI 96720. (808) 933-8313. 
Tim.Oconnell@hi.usda.gov.

Republic of the Marshall Islands

    Tim O'Connell, USDA Rural Development, Federal Building, Room 311, 
154 Waianuenue Avenue, Hilo, HI 96720. (808) 933-8313. 
Tim.Oconnell@hi.usda.gov.

Rhode Island

    Charles W. Dubuc, USDA Rural Development, 451 West Street, Suite 2, 
Amherst, MA 01002. (401) 826-0842 X 306. Charles.Dubuc@ma.usda.gov.

South Carolina

    Shannon Legree, USDA Rural Development, Strom Thurmond Federal 
Building, 1835 Assembly Street, Room 1007, Columbia, SC 29201. (803) 
253-3150. Shannon.Legree@sc.usda.gov.

South Dakota

    Douglas Roehl, USDA Rural Development, Federal Building, Room 210, 
200 4th Street, SW., Huron, SD 57350. (605) 352-1145. 
doug.roehl@sd.usda.gov.

Tennessee

    Will Dodson, USDA Rural Development, 3322 West End Avenue, Suite 
300, Nashville, TN 37203-1084. (615) 783-1350. will.dodson@tn.usda.gov.

Texas

    Daniel Torres, USDA Rural Development, Federal Building, Suite 102, 
101 South Main Street, Temple, TX 76501. (254) 742-9756. 
Daniel.Torres@tx.usda.gov.

Utah

    Roger Koon, USDA Rural Development, Wallace F. Bennett Federal 
Building, 125 South State Street, Room 4311, Salt Lake City, UT 84138. 
(801) 524-4301. Roger.Koon@ut.usda.gov.

Vermont

    Cheryl Ducharme, USDA Rural Development, 89 Main Street, 3rd Floor, 
Montpelier, VT 05602. 802-828-6083. cheryl.ducharme@vt.usda.gov.

Virginia

    Laurette Tucker, USDA Rural Development, Culpeper Building, Suite 
238, 1606 Santa Rosa Road, Richmond, VA 23229. (804) 287-1594. 
Laurette.Tucker@va.usda.gov.

Virgin Islands

    Joe Mueller, USDA Rural Development, 4440 NW. 25th Place, 
Gainesville, FL 32606. (352) 338-3482. joe.mueller@fl.usda.gov.

Washington

    Mary Traxler, USDA Rural Development, 1835 Black Lake Blvd. SW., 
Suite B, Olympia, WA 98512. (360) 704-7762. Mary.Traxler@wa.usda.gov.

West Virginia

    Richard E. Satterfield, USDA Rural Development, 75 High Street, 
Room 320, Morgantown, WV 26505-7500. (304) 284-4874. 
Richard.Satterfield@wv.usda.gov.

Wisconsin

    Brenda Heinen, USDA Rural Development, 4949 Kirschling Court, 
Stevens Point, WI 54481. (715) 345-7615, Ext. 139. 
Brenda.Heinen@wi.usda.gov.

Wyoming

    Jon Crabtree, USDA Rural Development, Dick Cheney Federal Building, 
100 East B Street, Room 1005, P.O. Box 11005, Casper, WY 82602. (307) 
233-6719. Jon.Crabtree@wy.usda.gov.

FOR FURTHER INFORMATION CONTACT: For further information on this 
program, please contact the USDA Rural Development State Renewable 
Energy Coordinator for your respective State, as provided in the 
Addresses section of this Notice.

SUPPLEMENTARY INFORMATION: 

Presidential Directive

    On May 5, 2009, the President issued a Presidential Directive to 
Secretary of Agriculture Thomas R. Vilsack to aggressively accelerate 
the investment in and production of biofuels (published in the Federal 
Register on May 7, 2009 (74 FR 21531-21532)). Secretary Vilsack also 
announced that he will help lead an unprecedented interagency effort to 
increase America's energy independence and spur rural economic 
development.
    The Presidential directive requests that Secretary Vilsack take 
steps to the extent permitted by law to expedite and increase 
production of and investment in biofuel development efforts by, among 
other things, making renewable energy financing opportunities from the 
2008 Farm Bill available within 30 days, which includes guidance to 
biofuels producers to encourage production of next-generation biofuels 
from cellulosic biomass and other feedstocks

Administrative Procedure Act Statement

    This Notice is being issued without advance rulemaking or public 
comment. The Administrative Procedure Act (``APA'', 5 U.S.C. 553), has 
several exemptions to rulemaking requirements. Among them is an 
exemption for matters relating to Federal benefits, but under the 
provisions of the ``Statement of Policy of the Secretary of Agriculture 
effective July 24, 1971,'' issued by

[[Page 28001]]

Secretary Hardin in 1971 (36 FR 13804 (the ``Hardin Memorandum'')), the 
Department will normally engage in rulemaking related to Federal 
benefits despite that exemption. However, the Hardin Memorandum does 
not waive certain other APA-contained exemptions, in particular the 
``good cause'' exemption found at 5 U.S.C. 553(b)(3)(B), which allows 
effective government action without rulemaking procedures where 
withholding the action would be ``impracticable, unnecessary, or 
contrary to the public interest.'' The Hardin memorandum specifically 
provides for the use of the ``good cause'' exemption, albeit sparingly, 
when a substantial basis for so doing exists, and where, as will be 
described more fully below, that substantial basis is explained.
    USDA has determined, consistent with the APA and the Hardin 
Memorandum, that making these funds available under this Notice for 
payments to producers of advanced biofuels as soon as possible is in 
the public interest. Withholding this Notice to provide for public 
notice and comment would unduly delay the provision of benefits 
associated with this program and be contrary to the public interest. 
Should the actual practice of the program produce reasons for program 
modifications those modifications can be brought to the attention of 
the Department and changes made in the future rulemaking process.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995, RBS is 
requesting comments from all interested individuals and organizations 
on a new information collection for the Advanced Biofuels Producer 
Payment Program. While this Notice requests comments on the information 
collection activities required for the Advanced Biofuels Producer 
Payment Program, in order to meet the time frames mandated by the 
Presidential Memorandum discussed above, RBS submitted the following 
information collection request to the Office of Management and Budget 
(OMB) under the emergency procedure in accordance with the Paperwork 
Reduction Act of 1995. As discussed above in the APA section, there is 
good cause to forgo any delay associated with the opportunity for 
advance public comment. The Advanced Biofuels Producer Payment Program 
will provide payments for the production of advanced biofuels.
    Copies of all forms, regulations, and instructions referenced in 
this NOFA may be obtained from RBS. Data furnished by the applicants 
will be used to determine eligibility for program benefits. Furnishing 
the data is voluntary; however, the failure to provide data could 
result in program benefits being withheld or denied.
    Title: Advanced Biofuels Producer Payment Program.
    OMB Control Number: New collection.
    Type of Request: New.
    Abstract: This information collection is needed to comply with 
section 9005 of Title IX of the Farm Security and Rural Investment Act 
of 2002 (7 U.S.C. 8101-8113), which was added by the Food, 
Conservation, and Energy Act of 2008.
    Under this Notice, the Agency is providing payments to eligible 
producers of advanced biofuels to support and encourage the production 
of advanced biofuels. To meet the goals of this program, the Agency is 
requesting information from applicants including data regarding the 
production of advanced biofuels, feed stocks used, and the type quality 
of the advanced biofuels produced.
    The collection of information is vital to the Agency to make wise 
decisions regarding the eligibility of Advanced Biofuels producers and 
their products in order to ensure compliance with the provisions of 
this Notice and to ensure that the payments are made to eligible 
producers of Advanced Biofuels. In summary, this collection of 
information is necessary in order to implement this program.
    The following estimates are for the first year the program is in 
place.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 1 hour per response.
    Respondents: Advanced Biofuels producers.
    Estimated Number of Respondents: 300.
    Estimated Number of Responses per Respondent: 6.9.
    Estimated Number of Responses: 2,082.
    Estimated Total Annual Burden (Hours) on Respondents: 1,856.
    Copies of this information collection may be obtained from Cheryl 
Thompson, Regulations and Paperwork Management Branch, at (202) 692-
0043.

Comments

    Comments are invited regarding: (a) Whether the proposed collection 
of information is necessary for the proper performance of the functions 
of Rural Development, including whether the information will have 
practical utility; (b) the accuracy of Rural Development's estimate of 
the burden of the proposed collection of information including the 
validity of the methodology and assumptions used; (c) ways to enhance 
the quality, utility and clarity of the information to be collected; 
and (d) ways to minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology. Comments may be 
sent to Cheryl Thompson, Regulations and Paperwork Management Branch, 
Support Services Division, USDA, Rural Development, Stop 0742, 1400 
Independence Ave., SW., Washington, DC 20250-0742. All responses to 
this Notice will be summarized and included in the request for OMB 
approval. All comments will also become a matter of public record.

Overview Information

    Federal Agency Name. Rural Business-Cooperative Service.
    Contract Proposal Title. Advanced Biofuels Producer Payment 
Program.
    Announcement Type. Initial announcement.
    Contract Proposal Number. FR-XXX-C-CC; OMB approval number is 0570-
XXXX.
    Catalog of Federal Domestic Assistance (CFDA) Number. The CFDA 
number for this Notice is 10.078.
    Dates. The Advanced Biofuels Program Sign-up Period for Fiscal Year 
2009 is June 12, 2009 and August 11, 2009.
    Availability of Notice. This Notice is available on the USDA Rural 
Development Web site at https://www.rurdev.usda.gov/rbs/busp/9005Biofuels.htm.

I. Funding Opportunity Description

    A. Purpose of the Program. The purpose of this program is to 
support and ensure an expanding production of Advanced Biofuels by 
providing payments to Eligible Advanced Biofuel Producers. Implementing 
this program not only promotes the Agency's mission for promoting 
sustainable economic development in rural America, but is an important 
part of achieving the Administration's goals for increased biofuel 
production and use by providing economic incentives for the production 
of advanced biofuels.
    B. Statutory Authority. This program is authorized under Title IX, 
Section 9001, of the Food, Conservation, and Energy Act of 2008 (Pub. 
L. 110-234).
    C. Definition of Terms. The following definitions are applicable to 
this Notice.

[[Page 28002]]

    Advanced biofuel. Fuel derived from Renewable Biomass, other than 
corn kernel starch, to include:
    (i) Biofuel derived from cellulose, hemicellulose, or lignin;
    (ii) Biofuel derived from sugar and starch (other than Ethanol 
derived from corn kernel starch);
    (iii) Biofuel derived from waste material, including crop residue, 
other vegetative waste material, animal waste, food waste, and yard 
waste;
    (iv) Diesel-equivalent fuel derived from Renewable Biomass, 
including vegetable oil and animal fat;
    (v) Biogas (including landfill gas and sewage waste treatment gas) 
produced through the conversion of organic matter from Renewable 
Biomass;
    (vi) Butanol or other Alcohols produced through the conversion of 
organic matter from Renewable Biomass; and
    (vi) Other fuel derived from cellulosic biomass.
    Advanced biofuel producer. An individual or legal entity, 
including, but not limited to, a corporation, company, foundation, 
association, labor organization, firm, partnership, society, joint 
stock company, group of organizations, or non-profit entity that 
produces an Advanced Biofuel.
    Agency. The Rural Business and Cooperative Service on behalf of the 
U.S. Department of Agriculture.
    Alcohol. Anhydrous ethyl Alcohol manufactured in the United States 
and its territories and sold either:
    (i) For fuel use, rendered unfit for beverage use, produced at a 
Biorefinery and in a manner approved by ATF for the production of 
Alcohol for fuel; or
    (ii) As denatured Alcohol used by blenders and refiners and 
rendered unfit for beverage use.
    Alcohol producer. An individual or legal entity, including, but not 
limited to, a corporation, company, foundation, association, labor 
organization, firm, partnership, society, joint stock company, group of 
organizations, or non-profit entity that is authorized by ATF to 
produce Alcohol.
    ATF. The Bureau of Alcohol, Tobacco, Firearms, and Explosives of 
the United States Department of Justice.
    Base production. The quantity of Eligible Advanced Biofuels 
produced at an Advanced Biofuel Biorefinery as determined by the Agency 
under paragraphs (1) through (3), as applicable. An Advanced Biofuel 
Biorefinery's Base Production cannot be transferred to another Advanced 
Biofuel Biorefinery.
    (1) If the Biorefinery has been in existence for 12 months or more 
prior to June 12, 2009, the Biorefinery's Base Production for FY 2009 
will be equal to the actual amount of Biofuel produced over that 12-
month period.
    (2) If the Biorefinery has been in existence less than 12 months 
prior to June 12, 2009, the Biorefinery's Base Production for FY 2009 
will be equal to the amount of production the biorefinery could produce 
if operated at the nameplate capacity for a full year times the 
startup/shakedown factor as determined by the Agency.
    (3) If the Advanced Biofuel Biorefinery will begin producing after 
June 12, 2009, the Biorefinery's Base Production for FY 2009 will be 
equal to the quantity projected to be produced by the Biorefinery's 
producer as reported in Form RD 9005-1.
    Biodiesel. A mono alkyl ester, manufactured in the United States 
and its territories, that meets the requirements of the appropriate 
American Society for Testing and Materials Standard (ASTM).
    Biofuel. Fuel derived from Renewable Biomass.
    Biorefinery. A facility (including equipment and processes) that 
converts Renewable Biomass into Biofuels and biobased products and may 
produce electricity.
    Certificate of Analysis. A document approved by the Agency that 
certifies the quality and purity of the Advanced Biofuel being 
produced. The document must be from a qualified, independent third 
party.
    Contract. The Advanced Biofuels Program Contract, or other form 
prescribed by the Agency.
    Eligible advanced biofuel producer. A producer of Advanced Biofuels 
that meets all requirements for program payments.
    Eligible renewable biomass. Renewable Biomass excluding corn kernel 
starch.
    Eligible renewable energy content. That portion of an Advanced 
Biofuel's energy content derived from eligible Renewable Biomass 
feedstock. The energy content from any portion of the Biofuel, whether 
from, for example, blending with another fuel or a denaturant, that is 
derived from a non-Eligible Renewable Biomass feedstock (e.g., corn 
kernel starch) is not eligible for payment under this program.
    Ethanol. Anhydrous ethyl Alcohol manufactured in the United States 
and its territories and sold either:
    (i) For fuel use, and which has been rendered unfit for beverage 
use and produced at a biofinery approved by the ATF for the production 
of Ethanol for fuel, or
    (ii) As denatured Ethanol used by blenders and energy refiners, 
which has been rendered unfit for beverage use.
    Ethanol producer. An individual or legal entity, including but not 
limited to, a corporation, company, foundation, association, labor 
organization, firm, partnership, society, joint stock company, group of 
organizations, or non-profit entity that is authorized by ATF to 
produce ethanol.
    Fiscal Year (FY). A 12-month period beginning each October 1 and 
ending September 30 of the following calendar year.
    Incremental production. The quantity of Eligible Advanced Biofuel 
produced at an Advanced Biofuel Biorefinery that is in excess of that 
Biorefinery's Base Production, except that for Advanced Biofuel 
Biorefineries that begin producing Eligible Advanced Biofuels after 
June 12, 2009. For such Biorefineries, production in excess of Base 
Production, as determined under paragraph (3) under the definition of 
Base Production, will not be treated as Incremental Production.
    Larger producer. Eligible producers with a refining capacity 
exceeding 150,000,000 gallons of Advanced Biofuel per year.
    Payment application. Form RD 9005-3, ``Advanced Biofuel Payment 
Program--Payment Request,'' which is required in order to receive 
payments under this program.
    Quarter. The Federal fiscal time period for any fiscal year as 
follows:
    (i) 1st Quarter: October 1 through December 31;
    (ii) 2nd Quarter: January 1 through March 31;
    (iii) 3rd Quarter: April 1 through June 30; and
    (iv) 4th Quarter: July 1 through September 30.
    Renewable biomass.
    (i) Materials, pre-commercial thinnings, or invasive species from 
National Forest System land and public lands (as defined in section 103 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) 
that:
    (A) Are byproducts of preventive treatments that are removed to 
reduce hazardous fuels; to reduce or contain disease or insect 
infestation; or to restore ecosystem health;
    (B) Would not otherwise be used for higher-value products; and
    (C) Are harvested in accordance with applicable law and land 
management plans and the requirements for old-growth maintenance, 
restoration, and management direction of paragraphs (e)(2), (e)(3), and 
(e)(4) and large-tree retention of paragraph (f) of section 102

[[Page 28003]]

of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512); or
    (ii) Any organic matter that is available on a renewable or 
recurring basis from non-Federal land or land belonging to an Indian or 
Indian Tribe that is held in trust by the United States or subject to a 
restriction against alienation imposed by the United States, including:
    (A) Renewable plant material, including feed grains; other 
agricultural commodities; other plants and trees; and algae; and
    (B) Waste material, including crop residue; other vegetative waste 
material (including wood waste and wood residues); animal waste and 
byproducts (including fats, oils, greases, and manure); and food waste 
and yard waste.
    Rural or rural area. Any area of a State not in a city or town that 
has a population of more than 50,000 inhabitants, according to the 
latest decennial census of the United States, and the contiguous and 
adjacent urbanized area, and any area that has been determined to be 
``rural in character'' by the Under Secretary for Rural Development, or 
as otherwise identified in this definition. In determining which census 
blocks in an urbanized area are not in a Rural Area, the Agency will 
exclude any cluster of census blocks that would otherwise be considered 
not in a Rural Area only because the cluster is adjacent to not more 
than two census blocks that are otherwise considered not in a Rural 
Area under this definition.
    (i) For the purposes of this definition, cities and towns are 
incorporated population centers with definite boundaries, local self 
government, and legal powers set forth in a charter granted by the 
State.
    (ii) For the Commonwealth of Puerto Rico, the island is considered 
rural and eligible for Business Programs assistance, except for the San 
Juan Census Designated Place (CDP) and any other CDP with greater than 
50,000 inhabitants. CDPs with greater than 50,000 inhabitants, other 
than the San Juan CDP, may be determined to be eligible if they are 
``not urban in character.'' Any such requests must be forwarded to the 
National Office, Business and Industry Division, with supporting 
documentation as to why the area is ``not urban in character'' for 
review, analysis, and decision by the Administrator, Business and 
Cooperative Programs.
    (iii) For the State of Hawaii, all areas within the State are 
considered rural and eligible for Business Programs assistance, except 
for the Honolulu CDP within the County of Honolulu.
    (iv) For the purpose of defining a Rural Area in the Republic of 
Palau, the Federated States of Micronesia, and the Republic of the 
Marshall Islands, the Agency shall determine what constitutes Rural and 
Rural Area based on available population data.
    (v) The determination that an area is ``rural in character'' under 
this definition will be to areas that are within:
    (A) An urbanized area that has two points on its boundary that are 
at least 40 miles apart, which is not contiguous or adjacent to a city 
or town that has a population of greater than 150,000 inhabitants or 
the urbanized area of such a city or town; or
    (B) An urbanized area contiguous and adjacent to a city or town of 
greater than 50,000 population that is within one-quarter mile of a 
rural area.
    Sign-up period. The time period announced by the Agency in this 
Notice during which the Agency will accept form RD 9005-1.
    Smaller producer. Eligible producers with a refining capacity of 
150,000,000 gallons or less of Advanced Biofuel per year.
    State. Any of the 50 States of the United States, the Commonwealth 
of Puerto Rico, the District of Columbia, the U.S. Virgin Islands, 
Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, 
the Republic of Palau, the Federated States of Micronesia, and the 
Republic of the Marshall Islands.
    USDA. The United States Department of Agriculture.

II. Funding Information

    A. Available Funds. Congress appropriated mandatory funding to this 
program as follows: $30 million for FY 2009.
    B. Number of Payments. Under this notice, payments to participating 
Advanced Biofuel Producers will be made in one payment following the 
end of FY 2009. The number of payments made will depend on the number 
of eligible participating Advanced Biofuel Producers.
    C. Range of Amounts of Each Payment. The amount of each payment 
will depend on the number of Eligible Advanced Biofuel Producers 
participating in the program, the amount of Advanced Biofuels being 
produced by such Advanced Biofuel Producers, and the amount of funds 
available.
    D. Contract period. October 1, 2008 through September 30, 2009.
    E. Type of Instrument. Payment.

III. Eligibility Information

    This Notice contains eligibility requirements for Advanced Biofuel 
Producers seeking payments under this program.

A. Applicant Eligibility

    To be eligible for this program, the applicant must be an Eligible 
Advanced Biofuel Producer, which is defined in this Notice as a 
producer of Advanced Biofuels who meets all requirements for program 
payments, and must meet the citizenship requirement specified in 
paragraph (1) or (2), as applicable, of this section.
    (1) If the applicant is an individual, the applicant must be a 
citizen or national of the United States (U.S.), the Republic of Palau, 
the Federated States of Micronesia, the Republic of the Marshall 
Islands, or American Samoa, or must reside in the U.S. after legal 
admittance for permanent residence.
    (2) If the applicant is an entity other than an individual, the 
applicant must be at least 51 percent owned by persons who are either 
citizens or nationals of the United States (U.S.), the Republic of 
Palau, the Federated States of Micronesia, the Republic of the Marshall 
Islands, or American Samoa, or legally admitted permanent residents 
residing in the U.S.
    (3) The Agency will determine an applicant's eligibility for 
participation in this program.
    (4) If an applicant's original submittal is not sufficient to 
verify an applicant's eligibility, the Agency will notify the Advanced 
Biofuel Producer, in writing, as soon as practicable. This notification 
will identify, at a minimum, the additional information being requested 
to enable the Agency to determine the applicant's eligibility and a 
timeframe in which to supply the information.
    (5) An otherwise Eligible Advanced Biofuel Producer will be 
determined to be ineligible if the Advanced Biofuel Producer:
    (i) Refuses to allow the Agency to verify any information provided 
by the Advanced Biofuel Producer under this program, including 
information for determining applicant eligibility, Advanced Biofuel 
eligibility, and application payments; or
    (ii) Fails to meet any of the conditions set out in this Notice, in 
the Contract, or in other program documents; or
    (iii) Fails to comply with all applicable Federal, State, or local 
laws.

B. Rural Area Requirement

    To be eligible for program payments, an otherwise Eligible Advanced 
Biofuel must be produced at an Advanced

[[Page 28004]]

Biofuel Biorefinery located in a Rural Area.

C. Payment Eligibility

    To be eligible for program payments, an Advanced Biofuel Producer 
must maintain adequate records for FY 2009, quantifying:
    (1) Feedstock usage and Advanced Biofuel production for each 
Advanced Biofuel Biorefinery, and
    (2) All other records required to establish program eligibility and 
compliance.

IV. Application and Submission Information

A. Address To Request Applications

    Contract and Payment Application forms are available from the USDA, 
Rural Development State Office, Renewable Energy Coordinator. The list 
of Renewable Energy Coordinators is provided in the Addresses section 
of this Notice.

B. Content and Form of Submission

    Applicants must submit an original, signed hard copy of the Form RD 
9005-1, ``Advanced Biofuel Payment Program Annual Application,'' 
required in this section to the Rural Development State Renewable 
Energy Coordinators in the State in which the Advanced Biofuel 
Producer's principal office is located. A list of the Rural Development 
State Renewable Energy Coordinators is provided in the Addresses 
section of this Notice. Applicants must submit to the Agency the 
following:
    (1) Form RD 9005-1, ``Advanced Biofuel Payment Program Annual 
Application.'' This form requires an Advanced Biofuel Producer seeking 
to participate in this program to provide information on the Advanced 
Biofuel Producer; the Advanced Biofuel Producer's Biorefineries at 
which the Advanced Biofuels are produced, including location and 
quantities produced; and the types and quantities of Renewable Biomass 
feedstock being used to produce the Advanced Biofuels. The form also 
requires the Advanced Biofuel Producer to certify the information 
provided, including that the Advanced Biofuels are Eligible Advanced 
Biofuels and that the Renewable Biomass feedstock used to produce the 
Advanced Biofuels are eligible biomass feedstock.
    (i) Producers must submit authoritative evidence (as specified in 
paragraph B(2) below) documenting production of Advanced Biofuels, and 
the eligibility of the Advanced Biofuels, between October 1, 2007, and 
September 30, 2008. Advanced Biofuel production must be certified as 
stated elsewhere in this notice in order to be eligible for payment, 
including determining Base and Incremental Production amounts.
    (ii) Applicants may submit this form for an Advanced Biofuel 
Biorefinery that is scheduled to begin producing Eligible Advanced 
Biofuels after the application period for FY 2009 closes and before the 
end of FY 2009.
    (iii) Please note that applicants are required to have a Dun and 
Bradstreet Universal Numbering System (DUNS) number (unless the 
applicant is an individual). The DUNS number is a nine-digit 
identification number, which uniquely identifies business entities. A 
DUNS number can be obtained at no cost via a toll-free request line at 
1-866-705-5711 or online at https://fedgov.dnb.com/webform.
    (2) Certifications. The Advanced Biofuel Producer must furnish the 
Agency all required certifications identified in paragraphs (B)(2)(i) 
and (ii), as applicable, before acceptance into the program, and 
furnish access to the Advanced Biofuel Producer's records required by 
the Agency to verify compliance with program provisions. The required 
certifications depend on the type of Biofuel produced. Certifications 
are to be completed and provided by an accredited independent, third-
party.
    (i) Alcohol. For Alcohol Producers with authority from ATF to 
produce Alcohol, copies of either
    (A) The Alcohol Fuel Producers Permit (ATF F 5110.74) or
    (B) The registration of Distilled Spirits Plant (ATF F 5110.41) and 
Operating Permit (ATF F 5110.23).
    (ii) Hydrous ethanol. If the Advanced Biofuel Producer entering 
into this agreement is:
    (A) The hydrous Ethanol Producer, then the Advanced Biofuel 
Producer shall include with the Contract an affidavit, acceptable to 
the Agency, from the distiller stating that the:
    (1) Applicable hydrous Ethanol produced is distilled and denatured 
for fuel use according to ATF requirements, and
    (2) Distiller will not include the applicable Ethanol in any 
payment requests that the distiller may make under this program.
    (B) The distiller that upgrades hydrous Ethanol to anhydrous ethyl 
Alcohol, then the Advanced Biofuel Producer shall include with the 
Contract an affidavit, acceptable to the Agency, from the hydrous 
Ethanol Producer stating that the hydrous Ethanol Producer will not 
include the applicable Ethanol in any payment requests that may be made 
under this program.

    Note: The Agency may pay the first applicant to the exclusion of 
other possible applicants. Or, the Agency may require an agreement 
as to payment before paying either. Alternatively, the Agency may 
designate whether the distiller or the hydrous Ethanol Producer will 
be the payee where needed to ensure program integrity.

    (C) Biodiesel, biomass-based diesel, and liquid hydrocarbons 
derived from biomass. For these fuels, the Advanced Biofuel Producer 
shall self-certify that the producer, the Advanced Biofuel Biorefinery, 
and the Biofuel meet the definition, registration requirements as 
applicable under Energy Independence and Security Act, Clean Air Act, 
Environmental Protection Agency, Internal Revenue Service, and quality 
requirements per applicable ASTM International standards and 
commercially acceptable quality standards of the local market.
    (D) Gaseous Advanced Biofuel. For gaseous Advanced Biofuel 
Producers, certification that the Biofuel meets commercially acceptable 
pipeline quality standards of the local market.
    (3) RD Instruction 1940-Q, Exhibit A-1, ``Restriction on Lobbying 
(if over $100,000)''.
    (4) SF-LLL, ``Disclosure of Lobbying Activities''.
    (5) RD 400-4, ``Assurance Agreement''.

C. Submission Dates and Times

    (1) Enrollment. Advanced Biofuel Producers who expect to have 
eligible production at any time during FY 2009 must enroll in the 
program between June 12, 2009 and August 11, 2009.
    (2) Payment applications. Advanced Biofuel Producers must submit 
Form RD 9005-3 by 4:30 p.m. local time November 2, 2009. Payment will 
be made for the time period October 1, 2008 through September 30, 2009.

D. Intergovernmental Review

    This program is not subject to Executive Order 12372--
Intergovernmental Review of Federal Programs because the Government is 
not providing financial assistance for the development of advanced 
biofuel biorefineries.

E. Funding Restrictions

    For a FY, not more than five percent of the funds shall be made 
available to eligible producers with a refining capacity exceeding 
150,000,000 gallons of Advanced Biofuel per year. In calculating 
whether a producer meets the 150,000,000 capacity, production of all 
Advanced Biofuel Biorefineries

[[Page 28005]]

owned or operated by the producer will be totaled.

V. Program Payment Provisions

    This section of the Notice identifies the process and procedures 
the Agency will use to make payments to Eligible Advanced Biofuel 
Producers.
    As noted previously in this Notice, Form RD 9005-1, ``Advanced 
Biofuel Payment Program Annual Application,'' will be used by Advanced 
Biofuels producers to apply for participation in this program. When a 
producer submits Form RD 9005-1, the Agency will make its determination 
as to whether or not the producer is eligible to participate. If an 
Advanced Biofuel Producer is determined to be ineligible, the Agency 
will notify the producer, in writing, of its determination.
    If an Advanced Biofuel Producer is determined eligible to receive 
payments, the Eligible Advanced Biofuel Producer must then enter into a 
Contract with the Agency using Form RD 9005-2, ``Advanced Biofuel 
Payment Program Contract,'' in order to participate in this program. 
The Agency will forward Form RD 9005-2 to the Advanced Biofuel 
Producer. The Advanced Biofuel Producer must agree to the terms and 
conditions of the Contract, sign, date, and return it to the Agency 
within the time provided by the Agency. Each contract issued under this 
notice will be for FY 2009.
    Once the Eligible Advanced Biofuel Producer has entered into a 
valid Contract with the Agency, the Advanced Biofuel Producer will be 
required to submit Form RD 9005-3, ``Advanced Biofuel Payment Program--
Payment Request,'' in order to receive payments under this program. 
This form requires the Advanced Biofuel Producer to provide information 
on the types and quantities of Advanced Biofuels produced in a Quarter 
and on the types and quantities of renewable feedstock used to produce 
those Advanced Biofuels. In addition, the Advanced Biofuel Producer 
will report cumulative production of Advanced Biofuels and the use of 
Renewable Biomass feedstock for all Advanced Biofuel Biorefineries. The 
information for each Advanced Biofuel Biorefinery is to be provided 
cumulatively and on an individual Advanced Biofuel Biorefinery basis.
    (a) Payment applications. To request payments under this program, 
an Eligible Advanced Biofuel Producer must:
    (1) Submit Form RD 9005-3, ``Advanced Biofuel Program Payment 
Application,'' to cover all of FY 2009;
    (2) Certify that the request is accurate;
    (3) Furnish the Agency such certification, and access to such 
records, as the Agency considers necessary to verify compliance with 
program provisions; and
    (4) Provide documentation as requested by the Agency regarding the 
net production of Advanced Biofuel at all Advanced Biofuel 
Biorefineries during FY 2009.
    (b) Additional documentation. After a Payment Application is 
submitted, Eligible Advanced Biofuel Producers may be required to 
submit additional clarification if their original submittal is not 
sufficient to verify eligibility for payment or quantity of the 
Advanced Biofuel product.
    (c) Notification. The Agency will notify the Advanced Biofuel 
Producer, in writing, whenever the Agency determines that a Payment 
Application is ineligible and why the application was determined 
ineligible.
    (d) Payment provisions. Determination of payments to Eligible 
Advanced Biofuel Producers will be made in accordance with the 
provisions of this paragraph. As stated previously, making these 
payments promotes the Agency's mission for promoting sustainable 
economic development in rural America and is an important part of 
achieving the Administration's goals for increased biofuel production 
and use by providing economic incentives for the production of advanced 
biofuels.
    (1) Determination of payment rate. The Agency will establish 
payment rates for both Base and Incremental Production of Eligible 
Advanced Biofuels for both Smaller Producers and Larger Producers using 
the procedures specified in paragraphs (d)(1)(i) through (v). These 
rates will be applied to the actual quantity of Eligible Advanced 
Biofuel produced when making payments to Eligible Advanced Biofuel 
Producers, as described below.
    (i) Based on the information provided in each eligible Form RD 
9005-1, the Agency will determine Base and Incremental Eligible 
Advanced Biofuel Production being projected for the FY for both Smaller 
Producers and Larger Producers. Thus, the Agency will determine the 
Base Production quantity for Smaller Producers, the Incremental 
Production quantity for Smaller Producers, the Base Production quantity 
for Larger Producers, and the Incremental Production quantity for 
Larger Producers.
    (ii) If an applicant is blending its Advanced Biofuel using 
ineligible feedstocks (e.g., fossil gasoline or methanol, corn kernel 
starch), only the quantity of Advanced Biofuel being produced from 
eligible feedstocks will be used in determining the payment rates and 
for which payments will be made.
    (iii) For each combination of production type (base, incremental) 
and producer size (smaller, larger--over 150 million equivalent gallons 
of production), the Agency will convert the projected Base and 
Incremental Production determined to be eligible under paragraph 
(d)(1)(i) into British Thermal Unit (BTU) equivalent using factors 
published by the Energy Information Administration (or successor 
organization). If the Energy Information Administration (or successor 
organization) does not publish such conversion factor for a specific 
type of Advanced Biofuel, the Agency will establish and use a 
conversion formula as appropriate until such time as the Energy 
Information Administration (or successor organization) publishes a 
conversion factor for said Advanced Biofuel. The Agency will then 
calculate the total eligible BTUs across all eligible applications.
    (iv) The Agency will determine the amount of program funds 
available to Smaller Producers and to Larger Producers in the FY.
    (v) The Agency will then determine the Base Production and 
Incremental Production payment rates ($/Btu) for Smaller Producers and 
for Larger Producers. For both Smaller Producers and Larger Producers, 
the Incremental Production payment rate will be 3 times higher than 
their respective Base Production payment rate. These rates will be 
calculated such that all of the funds allocated will be distributed in 
the FY.
    (2) Contract Value. Using the payment rates established under 
paragraph (d)(1) and the projected Base and Incremental Production for 
each Advanced Biofuel Biorefinery, the Agency will calculate a value 
for each Eligible Advanced Biofuel Producer's Contract for FY 2009 
using Equation 4:
[GRAPHIC] [TIFF OMITTED] TN12JN09.001


[[Page 28006]]


Where:

CV2009 = Contract value for FY 2009
BPPR = Base Production payment rate, $/BTU
BP = projected eligible Base Production, BTUs
IPPR = Incremental Production payment rate, $/BTU
IP = projected eligible Incremental Production, BTUs

    (3) Payment Amount. Each eligible Advanced Biofuel Producer will be 
paid for the actual amount of BTUs produced from Eligible Advanced 
Biofuels produced in FY 2009. The Agency will not pay a producer more 
than the Contract value established under paragraph (d)(2).
    (4) Remaining funds. If available funds remain at the end of FY 
2009 (e.g., due to underproduction of Eligible Advanced Biofuels), the 
Agency will carry the funds over to FY 2010.
    (5) Other payment provisions. The following provisions apply.
    (i) Advanced Biofuel Producers will be paid on the basis of the 
amount of Eligible Renewable Energy Content of the Advanced Biofuels 
only if the producer provides documentation sufficient, including a 
Certificate of Analysis, for the Agency to determine the Eligible 
Renewable Energy Content for which payment is being requested, and 
quantity produced through such documentation as, but not limited to, 
records of sale and calibrated flow meter records.
    (ii) There shall only be one Eligible Advanced Biofuel Producer per 
Advanced Biofuel Biorefinery. If needed, the Agency may treat Advanced 
Biofuel Producers with common interests, common ownership, or common 
Advanced Biofuel Biorefineries or arrangements as the same Advanced 
Biofuel Producer.
    (iii) Hydrous Ethanol that is upgraded by another distiller to 
anhydrous ethyl Alcohol is eligible for payment only once; that is, the 
Agency will make payment either to the Advanced Biofuel Producer of the 
hydrous ethanol or to the Advanced Biofuel Producer who distills the 
hydrous Ethanol to anhydrous ethyl Alcohol.
    (iv) Subject to other provisions of this section, Advanced Biofuel 
Producers shall be paid any sum due for the payment period, subject to 
the requirements and refund provisions of this Notice.
    (e) Payment Adjustments. The Agency will adjust the payment 
otherwise payable to an Advanced Biofuel Producer if there is a 
difference between the amount actually produced and the amount 
determined by the Agency to be eligible for payment.
    (f) Payment liability. Any payment, or portion thereof, made under 
this program shall be made without regard to questions of title under 
State law and without regard to any claim or lien against the Advanced 
Biofuel, or proceeds thereof, in favor of the owner or any other 
creditor except agencies of the U.S. Government.
    (g) Verification. The Agency reserves the right to verify all 
payment requests and subsequent payments made under this program, as 
frequently as necessary to ensure the integrity of the program. The 
Agency will conduct site visits to review producer records in order to 
verify information submitted in Forms RD 9005-1 and RD 9005-3.
    (1) Self-certification by the producer. The Agency will review 
producer records that the type and amount of biofuel produced and the 
type and amount of feedstocks used.
    (2) Blending verification. The Agency will review the producer's 
certificates of analysis and feedstock records to verify the portion of 
the advanced biofuel eligible for payment.
    (3) Certificate of Analysis. The Agency will review the producer 
records to ensure that each certificate of analysis has been issued by 
a qualified, independent third party.
    (h) Refunds and interest payments. An Eligible Advanced Biofuel 
Producer who receives payments under this program may be required to 
refund such payments as specified in this paragraph. If the Agency 
suspects fraudulent representation through its site visits and records 
inspections under paragraph (g) of this section, it will be referred to 
the Office of Inspector General for appropriate action.
    (1) An Eligible Advanced Biofuel Producer receiving payments under 
this program shall become ineligible if the Agency determines the 
Advanced Biofuel Producer has:
    (i) Made any fraudulent representation; or
    (ii) Misrepresented any material fact affecting a program 
determination.
    (2) All payments made to an entity determined by the Agency to be 
ineligible shall be refunded to the Agency with interest and other such 
sums as may become due, including, but not limited to, any interest, 
penalties, and administrative costs as determined appropriate under 7 
CFR 901.9.
    (3) When a refund is due, it shall be paid promptly. If a refund is 
not made promptly, the Agency may use all remedies available to it, 
including Treasury offset under the Debt Collection Improvement Act of 
1996, financial judgment against the producer, and sharing information 
with the Department of Justice.
    (4) Late payment interest shall be assessed on each refund in 
accordance with the provisions and rates established by the United 
States Treasury.
    (i) Interest charged by the Agency under this Notice shall be 
established by the United States Treasury. Such interest shall accrue 
from the date such payments were made to the date of repayment.
    (ii) The Agency may waive the accrual of interest or damages if the 
Agency determines that the cause of the erroneous determination was not 
due to any action of the Advanced Biofuel Producer.
    (5) Any Advanced Biofuel Producer or person engaged in an act 
prohibited by this section and any Advanced Biofuel Producer or person 
receiving payment under this Notice shall be jointly and severally 
liable for any refund due under this Notice and for related charges.

VI. Administration Information

A. Notice of Eligibility

    If an applicant is determined by the Agency to be eligible for 
participation, the Agency will notify the applicant, in writing, and 
will assign the applicant a Contract number. If an applicant is 
determined by the Agency to be ineligible, the Agency will notify the 
applicant, in writing, as to the reason(s) the applicant was rejected. 
Such applicant will have appeal rights as specified in this Notice.

B. Administrative and National Policy Requirements

    (1) Review or appeal rights. A person may seek a review of an 
Agency decision under this Notice from the appropriate Agency official 
that oversees the program in question or appeal to the National Appeals 
Division in accordance with 7 CFR part 11 of this title.
    (2) Remedies. The remedies provided in this Notice to the Agency 
shall be in addition to other civil, criminal, or administrative 
remedies that may apply.
    (3) Records. For the purpose of verifying compliance with the 
requirements of this Notice, each Eligible Advanced Biofuel Producer 
shall make available at one place at all reasonable times for 
examination by representatives of USDA, all books, papers, records, 
Contracts, scale tickets, settlement sheets, invoices, written price 
quotations, and other documents related to the program that is within 
the control of such Advanced Biofuel

[[Page 28007]]

Producer for not less than three years from each payment date.
    (4) Succession and control of biorefineries and production. An 
entity who becomes the Eligible Advanced Biofuel Producer for a 
Biorefinery that is under Contract under this Notice must request 
permission from the Agency to succeed to the program Contract and the 
Agency may grant such request if it is determined that the entity is an 
eligible producer and permitting such succession would serve the 
purposes of the program. If appropriate, the Agency may require the 
consent of the previous Eligible Advanced Biofuel Producer to such 
succession.
    Payments will be made only to an eligible Advanced Biofuel Producer 
with a valid Contract and for Biorefineries owned or controlled by said 
Producer. If payments are made to an Advanced Biofuel Producer for 
production at a Biorefinery no longer owned or controlled by said 
Producer or to an otherwise ineligible Advanced Biofuel Producer, the 
Agency will demand full refund of all such payments.

C. Environmental Review

    All recipients under this Notice are subject to the requirements of 
subpart G of part 1940 of title 7 of the CFR. However, 7 CFR 
1940.310(e) excludes this activity. In accordance with Sec.  
1940.310(e), General Exclusions, if a program provides assistance that 
is not related to the development of a specific site, it is excluded 
from conducting an environmental review.

VII. Agency Contacts

    Assistance. For assistance on this payment program, please contact 
a USDA Rural Development State Renewable Energy Coordinator, as 
provided in the Addresses section of this Notice.

VIII. Non-Discrimination Statement

    USDA prohibits discrimination in all its programs and activities on 
the basis of race, color, national origin, age, disability, and where 
applicable, sex, marital status, familial status, parental status, 
religion, sexual orientation, genetic information, political beliefs, 
reprisal, or because all or part of an individual's income is derived 
from any public assistance programs. (Not all prohibited bases apply to 
all programs.) Persons with disabilities who require alternative means 
for communication of program information (braille, large print, 
audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 
(voice and TDD). To file a complaint of discrimination, write to USDA, 
Director, Office of Civil Rights, 1400 Independence Avenue, SW., 
Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-
6382 (TDD). USDA is an equal opportunity provider and employer.

    Dated: June 8, 2009.
Judith A. Canales,
Administrator, Rural Development, Business and Cooperative Programs.
[FR Doc. E9-13816 Filed 6-11-09; 8:45 am]
BILLING CODE 3410-XY-P