Notice of Contract Proposal (NOCP) for Payments to Eligible Advanced Biofuel Producers, 24865-24873 [2010-10247]
Download as PDF
<![CDATA[
24865
Notices
Federal Register
Vol. 75, No. 87
Thursday, May 6, 2010
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
Rural Business-Cooperative Service
Notice of Contract Proposal (NOCP) for
Payments to Eligible Advanced Biofuel
Producers
AGENCY: Rural Business-Cooperative
Service, USDA.
Notice.
Alaska
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
SUMMARY: This Notice announces the
acceptance of applications to enter into
Contracts to make payments to Eligible
Advanced Biofuel Producers under the
Bioenergy Program for Advanced
Biofuels to support and ensure an
expanding production of Advanced
Biofuels. Under this Notice,
applications will be accepted for
Biorefineries that produce
transportation fuels that meet the
Renewable Fuel Standard or are
currently undergoing an appeal to the
U.S. Environmental Protection Agency
for inclusion in the Renewable Fuel
Standard, or that produce nontransportation renewable energy that
results in a reduction in greenhouse
gases. The Agency will authorize up to
$40 million in funding for this program
for fiscal year (FY) 2010.
DATES: Applications for participating in
this program for Fiscal Year 2010 must
be received between May 6, 2010 and
July 6, 2010.
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
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.
Bruce Weaver, USDA Rural
Development, 1221 College Park
Drive, Suite 200, Dover, DE 19904,
(302) 857–3626,
Bruce.Weaver@de.usda.gov.
USDA Rural Development State
Renewable Energy Coordinators
Tim O’Connell, USDA Rural
Development, Federal Building, Room
311, 154 Waianuenue Avenue, Hilo,
HI 96720, (808) 933–8313,
Tim.Oconnell@hi.usda.gov.
ADDRESSES:
mstockstill on DSKH9S0YB1PROD with NOTICES
Quinton Harris, USDA Rural
Development, Sterling Centre, Suite
601, 4121 Carmichael Road,
Montgomery, AL 36106–3683, (334)
279–3623,
Quinton.Harris@al.usda.gov.
Dean Stewart, USDA Rural
Development, 800 West Evergreen,
Suite 201, Palmer, AK 99645–6539,
(907) 761–7722,
dean.stewart@ak.usda.gov.
DEPARTMENT OF AGRICULTURE
ACTION:
Alabama
Note: Telephone numbers listed are not
toll-free.
VerDate Mar<15>2010
16:53 May 05, 2010
Jkt 220001
Federated States of Micronesia
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
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,
E:\FR\FM\06MYN1.SGM
06MYN1
24866
Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices
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.
Nevada
Herb Shedd, USDA Rural
Development, 1390 South Curry Street,
Carson City, NV 89703, (775) 887–1222,
herb.shedd@nv.usda.gov.
(717) 237–2182,
Bernard.Linn@pa.usda.gov.
Puerto Rico
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.
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
Michigan
Traci J. Smith, USDA Rural
Development, 3001 Coolidge Road,
Suite 200, East Lansing, MI 48823, (517)
324–5157, Traci.Smith@mi.usda.gov.
Scott Collins, USDA Rural
Development, 9025 River Road, Marcy,
NY 13403, (315) 736–3316, Ext. 4,
Scott.Collins@ny.usda.gov.
North Carolina
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.
David Thigpen, USDA Rural
Development, 4405 Bland Rd. Suite 260,
Raleigh, NC 27609, 919–873–2065,
David.Thigpen@nc.usda.gov.
North Dakota
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.
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
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.
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
mstockstill on DSKH9S0YB1PROD with NOTICES
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.
VerDate Mar<15>2010
16:53 May 05, 2010
Jkt 220001
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
Jody Harris, USDA Rural
Development, 100 USDA, Suite 108,
Stillwater, OK 74074–2654, (405) 742–
1036, Jody.harris@ok.usda.gov.
Daniel Torres, USDA Rural
Development, Federal Building, Suite
102, 101 South Main Street, Temple, TX
76501, (254) 742–9756,
Daniel.Torres@tx.usda.gov.
Oregon
Utah
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.
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.
Pennsylvania
Bernard Linn, USDA Rural
Development, One Credit Union Place,
Suite 330, Harrisburg, PA 17110–2996,
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
Vermont
Cheryl Ducharme, USDA Rural
Development, 89 Main Street, 3rd Floor,
E:\FR\FM\06MYN1.SGM
06MYN1
Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices
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.
mstockstill on DSKH9S0YB1PROD with NOTICES
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: On June
12, 2009, the Agency published a Notice
of Contract Proposals (NOCP) and
Solicitation of Applications in the
Federal Register announcing policy and
application procedures for the
Bioenergy Program for Advanced
Biofuels. In a Notice published March
12, 2010, the Agency notified applicants
from the prior Notice of the availability
an additional payment for all applicants
determined eligible.
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act, the paperwork burden
associated with this Notice of Contract
for Proposal (Notice) has been approved
by the Office of Management and
VerDate Mar<15>2010
16:53 May 05, 2010
Jkt 220001
Budget (OMB) under OMB Control
Number 0570–0057.
The PRA burden associated with the
original Notice, published on June 12,
2009, was approved by OMB, with an
opportunity to comment on the burden
associated with the program.
Advanced Biofuel Producers seeking
funding under this Notice have to
submit applications that include
specified information, certifications,
and agreements. All of the forms,
information, certifications, and
agreements required to apply for
payments under this Notice have been
authorized under OMB Control Number
0570–0057.
Overview Information
Federal Agency Name. Rural
Business-Cooperative Service.
Contract Proposal Title. Advanced
Biofuels Producer Payment Program.
Announcement Type. Initial
announcement.
OMB Control Number: 0570–0057.
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
2010 is May 6, 2010 and July 6, 2010.
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.
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
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
24867
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 the
Bureau of Alcohol, Tobacco, Firearms,
and Explosives of the United States
Department of Justice (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.
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
May 6, 2010, the Biorefinery’s Base
Production for FY 2010 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
May 6, 2010, the Biorefinery’s Base
Production for the sign-up fiscal year
will be equal to the quantity projected
to be produced by the biorefinery’s
producer as reported in Form RD 9005–
E:\FR\FM\06MYN1.SGM
06MYN1
mstockstill on DSKH9S0YB1PROD with NOTICES
24868
Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices
1, ‘‘Advanced Biofuel Payment Program
Application.’’
(3) If the Advanced Biofuel
Biorefinery will begin producing after
May 6, 2010, the Biorefinery’s Base
Production for FY 2010 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 nonEligible 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 is 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.
VerDate Mar<15>2010
16:53 May 05, 2010
Jkt 220001
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 May 6, 2010. 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 oldgrowth maintenance, restoration, and
management direction of paragraphs
(e)(2), (e)(3), and (e)(4) and large-tree
retention of paragraph (f) of section 102
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
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
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:
E:\FR\FM\06MYN1.SGM
06MYN1
Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
(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 town; or
(B) An urbanized area contiguous and
adjacent to a city or town of greater than
50,000 population that is within onequarter mile of a rural area.
Sign-up period. The time period
announced by the Agency in this Notice
during which the Agency will accept
program Contracts.
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 budget
authority to this program as follows: $55
million for FY 2009 and $55 million for
FY 2010. However, in FY 2009, the
program was allotted $30 million. The
remaining FY 2009 funding of $25
million will be used in FY 2010, and
$15 million of new funding from FY
2010. The Agency, therefore, will
authorize up to $40 million in budget
authority for this program for fiscal year
(FY) 2010.
B. Number of Payments. Under this
notice, payments to participating
Advanced Biofuel Producers will be
made as follows for:
(1) Actual production produced from
October 1, 2009 to June 30, 2010; and
(2) Actual production from July 1,
2010 through September 30, 2010.
The amount 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, 2009
through September 30, 2010.
E. Type of Instrument. Payment.
VerDate Mar<15>2010
16:53 May 05, 2010
Jkt 220001
24869
III. Eligibility Information
B. Biorefinery Eligibility Requirements
This Notice contains eligibility
requirements for Advanced Biofuel
Producers seeking payments under this
program.
To be eligible for program payments
under this Notice, an otherwise Eligible
Advanced Biofuel must:
(1) Be either a transportation fuel that
meets the Renewable Fuel Standard or
are currently undergoing an appeal to
the U.S. Environmental Protection
Agency for inclusion in the Renewable
Fuel Standard, or non-transportation
renewable energy that results in a
reduction in greenhouse gases;
(2) Be produced at an Advanced
Biofuel Biorefinery located in a Rural
Area; and
(3) If the biofuel is used on-site, there
must be an Agency-approved system to
verify the quantity of biofuel used onsite.
In the case where an Agency receives
an application that is undergoing an
appeal before the U.S. Environmental
Protection Agency for inclusion in the
Renewable Fuel Standard, the Agency
will be unable to finalize processing of
the application until the appeal has
been completed.
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. When an entity
owns an interest in the applicant, its
citizenship will be determined by the
citizenship of the individuals who own
an interest in the entity or any subentity based on their ownership interest.
(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.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
C. Payment Eligibility
To be eligible for program payments,
an Advanced Biofuel Producer must
maintain adequate records for FY 2010,
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 Application.’’
This form requires an Advanced Biofuel
E:\FR\FM\06MYN1.SGM
06MYN1
mstockstill on DSKH9S0YB1PROD with NOTICES
24870
Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices
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, 2008, and
September 30, 2009. 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 2010 closes
and before the end of FY 2010.
(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).
VerDate Mar<15>2010
16:53 May 05, 2010
Jkt 220001
(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,
third party 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.’’
(6) Each participating advanced
biofuel producer that is projecting an
increase in production from the
previous fiscal year and each new
applicant must submit documentation
to support the production estimates
reported in the enrollment application.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Such documentation includes, but is not
limited to:
(i) Historical production data;
(ii) Production capacity of the
biorefinery; and
(iii) Evidence of ability to distribute
final product, including distribution
networks and contracts for purchase of
final product.
(7) Each participating advanced
biofuel producer must provide
documentation from an Agencyapproved recognized published source
quantifying the reduction in greenhouse
gas emissions that result from the
displacement of fossil fuel.
C. Submission Dates and Times
(1) Enrollment. Advanced Biofuel
Producers who expect to have eligible
production at any time during FY 2010
must enroll in the program between
May 6, 2010 and July 6, 2010.
(2) Payment applications. Advanced
Biofuel Producers must submit Form RD
9005–3 by 4:30 p.m. local time
November 2, 2010. Payment will be
made for the time period October 1,
2009 through September 30, 2010.
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
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.
E:\FR\FM\06MYN1.SGM
06MYN1
Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices
all Advanced Biofuel Biorefineries
during FY 2010.
(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, when
applicable, 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
mstockstill on DSKH9S0YB1PROD with NOTICES
CV2010 = (BPPR × BP) + (IPPR × IP)
Where:
CV2010 = Contract value for FY 2010
BPPR = Base Production payment rate,
$/million BTU
BP = projected eligible Base Production,
million BTUs
IPPR = Incremental Production payment rate,
VerDate Mar<15>2010
16:53 May 05, 2010
Jkt 220001
(Eq. 4)
$/million BTU
IP = projected eligible Incremental
Production, million BTUs
(3) Payment Amount. Each eligible
Advanced Biofuel Producer will be paid
for the actual amount of BTUs produced
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
feedstocks (e.g., fossil gasoline or
methanol, corn kernel starch), only the
quantity of Advanced Biofuel being
produced from eligible feedstocks will
be used in determining the payment
rates and for which payments will be
made.
(iii) For each combination of
production type (base, incremental) and
producer size (smaller, larger—over 150
million equivalent gallons of
production), the Agency will convert
the projected Base and Incremental
Production determined to be eligible
under paragraph (d)(1)(i) into British
Thermal Unit (BTU) equivalent using
factors published by the Energy
Information Administration (or
successor organization). If the Energy
Information Administration (or
successor organization) does not publish
such conversion factor for a specific
type of Advanced Biofuel, the Agency
will establish and use a conversion
formula as appropriate until such time
as the Energy Information
Administration (or successor
organization) publishes a conversion
factor for said Advanced Biofuel. The
Agency will then calculate the total
eligible BTUs across all eligible
applications.
(iv) The Agency will determine the
amount of program funds available to
Smaller Producers and to Larger
Producers in the FY.
(v) The Agency will then determine
the Base Production and Incremental
Production payment rates ($/Btu) for
Smaller Producers and for Larger
Producers. For both Small 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 2010
using Equation 4:
from Eligible Advanced Biofuels
produced in FY 2010. Except as
provided under paragraph (d)(4), the
Agency will not pay a producer more
than the Contract value established
under paragraph (d)(2).
E:\FR\FM\06MYN1.SGM
06MYN1
EN06MY10.000</MATH>
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 2010.
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 Payments
Application,’’ within 30 days after the
end of each periods in B (1) and (2);
(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
24871
mstockstill on DSKH9S0YB1PROD with NOTICES
24872
Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices
(4) Remaining funds. If available
funds remain at the end of FY 2010 (e.g.,
due to underproduction of Eligible
Advanced Biofuels), the Agency will
carry the funds over to FY 2011.
(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.
VerDate Mar<15>2010
16:53 May 05, 2010
Jkt 220001
(1) Production and feedstock
verification. 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.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
(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. If the Agency has
determined that a producer has
misrepresented the information or
defrauded the Government, the Agency
will take one of the following steps in
accordance to 7 CFR 3017, Governmentwide Debarment and Suspension:
(i) Suspend payments on the Contract
until the violation has been reconciled;
(ii) Terminate the Contract; or
(iii) Debarment to participate in any
Federal Government program.
(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
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
E:\FR\FM\06MYN1.SGM
06MYN1
Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices
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(c)(1) excludes
this activity. In accordance with
§ 1940.310(c)(1), 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. RD’s compliance
with the National Environmental Policy
Act of 1969 (NEPA) is implemented in
its regulations at 7 CFR 1940 subpart G.
Applicants whose proposal involves
additional facility construction should
provide RD Form 1940–20 as part of this
application. RD will then determine
whether the approval falls under
Section 1940.310(c)(1), which
categorically excludes the action from
NEPA compliance.
mstockstill on DSKH9S0YB1PROD with NOTICES
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
VerDate Mar<15>2010
16:53 May 05, 2010
Jkt 220001
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: April 27, 2010.
Judith A. Canales,
Administrator, Rural Development, Business
and Cooperative Programs.
[FR Doc. 2010–10247 Filed 5–5–10; 8:45 am]
BILLING CODE 3410–XY–P
DEPARTMENT OF AGRICULTURE
Rural Business—Cooperative Service
Notice of Funding Availability (NOFA)
for Repowering Assistance Payments
to Eligible Biorefineries
AGENCY: Rural Business—Cooperative
Service.
ACTION: Notice.
SUMMARY: This Notice announces the
acceptance of applications for payments
to eligible biorefineries to encourage the
use of renewable biomass as a
replacement fuel source for fossil fuels
used to provide process heat or power
in the operation of these eligible
biorefineries. Under this Notice,
applications will be accepted for
biorefineries that produce transportation
fuels that meet the Renewable Fuel
Standard or are currently undergoing an
appeal to the U.S. Environmental
Protection Agency for inclusion in the
Renewable Fuel Standard, or that
produce non-transportation renewable
energy that results in a reduction in
greenhouse gases.
DATES: Applications for participating in
this program for Fiscal Year 2010 must
be received between May 6, 2010 and
July 20, 2010.
ADDRESSES: Application materials may
be obtained by contacting USDA, Rural
Development—Energy Division,
Program Branch, Attention: Repowering
Assistance Program, 1400 Independence
Avenue, SW., Stop 3225, Washington,
DC 20250–3225.
FOR FURTHER INFORMATION CONTACT: For
further information on this payment
program, please contact USDA, Rural
Development—Energy Division,
Program Branch, Attention: Repowering
Assistance Program, 1400 Independence
Avenue, SW., Stop 3225, Washington,
DC 20250–3225. Telephone: 202–720–
1400.
On June
12, 2009, the Agency published a Notice
of Funds Availability (NOFA) and
Solicitation of Applications in the
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
24873
Federal Register announcing general
policy and application procedures for
the Repowering Assistance Program (the
Program). Congress appropriated
mandatory budget authority of $35
million over the life of the 2008 Farm
Bill. However, in FY 2009, the program
was allotted $20 million. The Agency
will now authorize up to $8 million in
additional budget authority for this
program for fiscal year (FY) 2010.
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act (PRA), the paperwork
burden associated with this notice has
been approved by the Office of
Management and Budget (OMB) under
OMB Control Number 0570–0058.
The PRA burden associated with the
original Notice was approved by OMB,
with an opportunity to comment on the
burden associated with the program.
Biorefineries seeking funding under
this program have to submit
applications that include specified
information, certifications, and
agreements. All of the forms,
information, certifications, and
agreements required to apply for this
program under this Notice have been
authorized under OMB Control Number
0570–0058.
Overview Information
Federal Agency Name. Rural
Business—Cooperative Service.
Payment Proposal Title. Repowering
Assistance Program.
Announcement Type. Initial
announcement.
OMB Control Number. 0570–0058.
Catalog of Federal Domestic
Assistance (CFDA) Number. The CFDA
number for this Notice is 10.866.
Dates. The Repowering Assistance
Program application period for fiscal
year 2010 is May 6, 2010 through July
20, 2010.
Availability of Notice. This Notice is
available on the USDA Rural
Development Web site at https://
www.rurdev.usda.gov/rbs.
I. Funding Opportunity Description
A. Purpose of the Program. The
purpose of this program is to provide
financial incentives to biorefineries in
existence on June 18, 2008, the date of
the enactment of the Food,
Conservation, and Energy Act of 2008
(the 2008 Farm Bill) (Pub. L. 110–246),
to replace the use of fossil fuels used to
produce heat or power at their facilities
by installing new systems that use
renewable biomass, or to produce new
energy from renewable biomass.
The Agency may make payments
under this program to any biorefinery
E:\FR\FM\06MYN1.SGM
06MYN1
]]>Agencies
[Federal Register Volume 75, Number 87 (Thursday, May 6, 2010)]
[Notices]
[Pages 24865-24873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10247]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 /
Notices
[[Page 24865]]
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.
-----------------------------------------------------------------------
SUMMARY: This Notice announces the acceptance of applications to enter
into Contracts to make payments to Eligible Advanced Biofuel Producers
under the Bioenergy Program for Advanced Biofuels to support and ensure
an expanding production of Advanced Biofuels. Under this Notice,
applications will be accepted for Biorefineries that produce
transportation fuels that meet the Renewable Fuel Standard or are
currently undergoing an appeal to the U.S. Environmental Protection
Agency for inclusion in the Renewable Fuel Standard, or that produce
non-transportation renewable energy that results in a reduction in
greenhouse gases. The Agency will authorize up to $40 million in
funding for this program for fiscal year (FY) 2010.
DATES: Applications for participating in this program for Fiscal Year
2010 must be received between May 6, 2010 and July 6, 2010.
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.
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,
[[Page 24866]]
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.
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
Scott Collins, USDA Rural Development, 9025 River Road, Marcy, NY
13403, (315) 736-3316, Ext. 4, Scott.Collins@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,
[[Page 24867]]
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: On June 12, 2009, the Agency published a
Notice of Contract Proposals (NOCP) and Solicitation of Applications in
the Federal Register announcing policy and application procedures for
the Bioenergy Program for Advanced Biofuels. In a Notice published
March 12, 2010, the Agency notified applicants from the prior Notice of
the availability an additional payment for all applicants determined
eligible.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act, the paperwork
burden associated with this Notice of Contract for Proposal (Notice)
has been approved by the Office of Management and Budget (OMB) under
OMB Control Number 0570-0057.
The PRA burden associated with the original Notice, published on
June 12, 2009, was approved by OMB, with an opportunity to comment on
the burden associated with the program.
Advanced Biofuel Producers seeking funding under this Notice have
to submit applications that include specified information,
certifications, and agreements. All of the forms, information,
certifications, and agreements required to apply for payments under
this Notice have been authorized under OMB Control Number 0570-0057.
Overview Information
Federal Agency Name. Rural Business-Cooperative Service.
Contract Proposal Title. Advanced Biofuels Producer Payment
Program.
Announcement Type. Initial announcement.
OMB Control Number: 0570-0057.
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
2010 is May 6, 2010 and July 6, 2010.
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.
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 the Bureau of Alcohol, Tobacco,
Firearms, and Explosives of the United States Department of Justice
(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.
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 May 6, 2010, the Biorefinery's Base Production for FY 2010
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 May 6, 2010, the Biorefinery's Base Production for the sign-up
fiscal year will be equal to the quantity projected to be produced by
the biorefinery's producer as reported in Form RD 9005-
[[Page 24868]]
1, ``Advanced Biofuel Payment Program Application.''
(3) If the Advanced Biofuel Biorefinery will begin producing after
May 6, 2010, the Biorefinery's Base Production for FY 2010 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 is
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 May
6, 2010. 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 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:
[[Page 24869]]
(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 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 program Contracts.
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 budget
authority to this program as follows: $55 million for FY 2009 and $55
million for FY 2010. However, in FY 2009, the program was allotted $30
million. The remaining FY 2009 funding of $25 million will be used in
FY 2010, and $15 million of new funding from FY 2010. The Agency,
therefore, will authorize up to $40 million in budget authority for
this program for fiscal year (FY) 2010.
B. Number of Payments. Under this notice, payments to participating
Advanced Biofuel Producers will be made as follows for:
(1) Actual production produced from October 1, 2009 to June 30,
2010; and
(2) Actual production from July 1, 2010 through September 30, 2010.
The amount 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, 2009 through September 30, 2010.
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. When an entity owns an interest in the applicant,
its citizenship will be determined by the citizenship of the
individuals who own an interest in the entity or any sub-entity based
on their ownership interest.
(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. Biorefinery Eligibility Requirements
To be eligible for program payments under this Notice, an otherwise
Eligible Advanced Biofuel must:
(1) Be either a transportation fuel that meets the Renewable Fuel
Standard or are currently undergoing an appeal to the U.S.
Environmental Protection Agency for inclusion in the Renewable Fuel
Standard, or non-transportation renewable energy that results in a
reduction in greenhouse gases;
(2) Be produced at an Advanced Biofuel Biorefinery located in a
Rural Area; and
(3) If the biofuel is used on-site, there must be an Agency-
approved system to verify the quantity of biofuel used on-site.
In the case where an Agency receives an application that is
undergoing an appeal before the U.S. Environmental Protection Agency
for inclusion in the Renewable Fuel Standard, the Agency will be unable
to finalize processing of the application until the appeal has been
completed.
C. Payment Eligibility
To be eligible for program payments, an Advanced Biofuel Producer
must maintain adequate records for FY 2010, 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
Application.'' This form requires an Advanced Biofuel
[[Page 24870]]
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, 2008, and
September 30, 2009. 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 2010 closes and before the
end of FY 2010.
(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, third party 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.''
(6) Each participating advanced biofuel producer that is projecting
an increase in production from the previous fiscal year and each new
applicant must submit documentation to support the production estimates
reported in the enrollment application. Such documentation includes,
but is not limited to:
(i) Historical production data;
(ii) Production capacity of the biorefinery; and
(iii) Evidence of ability to distribute final product, including
distribution networks and contracts for purchase of final product.
(7) Each participating advanced biofuel producer must provide
documentation from an Agency-approved recognized published source
quantifying the reduction in greenhouse gas emissions that result from
the displacement of fossil fuel.
C. Submission Dates and Times
(1) Enrollment. Advanced Biofuel Producers who expect to have
eligible production at any time during FY 2010 must enroll in the
program between May 6, 2010 and July 6, 2010.
(2) Payment applications. Advanced Biofuel Producers must submit
Form RD 9005-3 by 4:30 p.m. local time November 2, 2010. Payment will
be made for the time period October 1, 2009 through September 30, 2010.
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 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.
[[Page 24871]]
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 2010.
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 Payments
Application,'' within 30 days after the end of each periods in B (1)
and (2);
(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 2010.
(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, when applicable, 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 Small 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 2010
using Equation 4:
[GRAPHIC] [TIFF OMITTED] TN06MY10.000
Where:
CV2010 = Contract value for FY 2010
BPPR = Base Production payment rate, $/million BTU
BP = projected eligible Base Production, million BTUs
IPPR = Incremental Production payment rate, $/million BTU
IP = projected eligible Incremental Production, million 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 2010. Except as provided under paragraph
(d)(4), the Agency will not pay a producer more than the Contract value
established under paragraph (d)(2).
[[Page 24872]]
(4) Remaining funds. If available funds remain at the end of FY
2010 (e.g., due to underproduction of Eligible Advanced Biofuels), the
Agency will carry the funds over to FY 2011.
(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) Production and feedstock verification. 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. If the Agency has determined that a producer has
misrepresented the information or defrauded the Government, the Agency
will take one of the following steps in accordance to 7 CFR 3017,
Government-wide Debarment and Suspension:
(i) Suspend payments on the Contract until the violation has been
reconciled;
(ii) Terminate the Contract; or
(iii) Debarment to participate in any Federal Government program.
(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 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
[[Page 24873]]
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(c)(1) excludes this activity. In accordance with Sec.
1940.310(c)(1), 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. RD's compliance with
the National Environmental Policy Act of 1969 (NEPA) is implemented in
its regulations at 7 CFR 1940 subpart G. Applicants whose proposal
involves additional facility construction should provide RD Form 1940-
20 as part of this application. RD will then determine whether the
approval falls under Section 1940.310(c)(1), which categorically
excludes the action from NEPA compliance.
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: April 27, 2010.
Judith A. Canales,
Administrator, Rural Development, Business and Cooperative Programs.
[FR Doc. 2010-10247 Filed 5-5-10; 8:45 am]
BILLING CODE 3410-XY-P
