Notice of Funds Availability (NOFA) Inviting Applications for the Biorefinery Assistance Program, 13351-13353 [2011-5575]
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srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Notices
determined to be ineligible, including
their application score and ranking and
the score necessary to qualify for
payments.
B. Administrative and National Policy
requirements.
(1) Review or appeal rights. A person
may seek a review of an Agency
decision or appeal to the National
Appeals Division as provided in 7 CFR
4288.3.
(2) Compliance with other laws and
regulations. The provisions of 7 CFR
4288.4 apply to this Notice, which
includes requiring participating
biorefineries to be in compliance with
other applicable Federal, State, and
local laws.
(3) Oversight and monitoring. The
provisions of 7 CFR 4288.5(a) and (b)
apply to this Notice, which includes the
right of the Agency to verify all payment
applications and subsequent payments
and the requirement that each
biorefinery must make available, at one
place at all reasonable times for
examination by the Agency, all books,
documents, papers, receipts, payroll
records, and bills of sale adequate to
identify the purposes for which, and the
manner in which, funds were expended
for all eligible project costs for a period
of not less than 3 years from the final
payment date.
(4) Reporting. Upon completion of the
repowering project funded under this
Notice, the biorefinery must submit a
report, in accordance with 7 CFR
4288.5(c), to the Agency annually for
the first 3 years after completion of the
project. The reports are to be submitted
as of October 1 of each year.
(5) Exception authority. The
provisions of 7 CFR 4288.7 apply to this
Notice.
(6) Succession and control of facilities
and production. The provisions of 7
CFR 4288.25 apply to this Notice.
C. Environmental review. All
recipients under this Notice are subject
to the requirements of 7 CFR Part 1940,
subpart G.
D. Fiscal Year 2009 and Fiscal Year
2010 applications. Any entity that
submitted to the Agency an application
for payment under this program prior to
the effective date of 7 CFR 4288, subpart
A, will have their payments made and
serviced in accordance with the
provisions specified in 7 CFR 4288,
subpart A.
VII. Agency Contacts
For further information about this
Notice, please contact Fred Petok,
USDA, Rural Development, Business
Programs Energy Division, 1400
Independence Avenue, SW., Room
6870, STOP 3225, Washington, DC
VerDate Mar<15>2010
17:08 Mar 10, 2011
Jkt 223001
20250–3225. Telephone: 202–720–1400.
E-mail: frederick.petok@wdc.usda.gov.
VIII. Nondiscrimination 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 program. (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
Adjudication and Compliance, 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, employer, and
lender.
Dated: March 7, 2011.
Cheryl L. Cook,
Acting Under Secretary, Rural Development.
[FR Doc. 2011–5574 Filed 3–10–11; 8:45 am]
BILLING CODE 3410–XY–P
DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
Rural Utilities Service
Notice of Funds Availability (NOFA)
Inviting Applications for the
Biorefinery Assistance Program
Rural Business-Cooperative
Service and Rural Utilities Service,
USDA.
ACTION: Notice on funding availability.
AGENCY:
This notice announces the
acceptance of applications for funds
available under the Biorefinery
Assistance Program (the ‘‘Program’’) to
provide guaranteed loans for the
development and construction of
commercial-scale biorefineries or for the
retrofitting of existing facilities using
eligible technology for the development
of advanced biofuels. For Fiscal Year
2011, there is only one round of
competition. Applications must be
received by May 10, 2011 to compete for
Fiscal Year 2011 program funds. The
Notice announces the availability of
approximately $129 million in
mandatory budget authority to support
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
13351
guaranteed loans under this Program in
Fiscal Year 2011, in addition to any
carry-over funds from Fiscal Year 2010.
This budget authority represents
approximately $463 million in program
funds.
DATES: Applications must be received in
the USDA Rural Development National
Office no later than 4:30 p.m. local time
on May 10, 2011, to compete for Fiscal
Year 2011 program funds. Any
application received after 4:30 p.m.
local time on May 10, 2011, regardless
of the application’s postmark, will not
be considered for Fiscal Year 2011
program funds. If the actual deadline
falls on a weekend or a Federallyobserved holiday, the deadline is the
next Federal business day.
ADDRESSES: Applications and forms may
be obtained from:
• U.S. Department of Agriculture,
Rural Development, Energy Branch,
Attention: BioRefinery Assistance
Program, 1400 Independence Avenue,
SW., STOP 3225, Washington, DC
20250–3225.
• Agency Web site: https://
www.rurdev.usda.gov/
BCP_Biorefinery.html. Follow
instructions for obtaining the
application and forms.
Submit an original completed
application with two copies to USDA’s
Rural Development National Office:
Energy Branch, Attention: BioRefinery
Assistance Program, 1400 Independence
Avenue, SW., STOP 3225, Washington,
DC 20250–3225.
FOR FURTHER INFORMATION CONTACT:
Kelley Oehler, Energy Branch,
Biorefinery Assistance Program, U.S.
Department of Agriculture, 1400
Independence Avenue, SW., Mail Stop
3225, Washington, DC 20250–3225.
Telephone: 202–720–6819. E-mail:
kelley.oehler@wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The information collection
requirements contained in the Notice of
Funding Availability for the Section
9003 Biorefinery Assistance Guaranteed
Loan Program published on November
28, 2008, were approved by the Office
of Management Budget (OMB) under
emergency clearance procedures and
assigned OMB Control Number 0570–
0055. As noted in the November 28,
2008 notice, the Agency sought
emergency clearance to comply with the
time frames mandated by a Presidential
Memorandum in order to implement the
Program as quickly as possible, and that
providing for public comment under the
normal procedure would unduly delay
the provision of benefits associated with
E:\FR\FM\11MRN1.SGM
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13352
Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Notices
this Program and be contrary to the
public interest. Now, however, in
accordance with the Paperwork
Reduction Act of 1995, the Agency is
seeking standard OMB approval of the
reporting and recordkeeping
requirements contained in the interim
rule. In the publication of the proposed
rule on April 16, 2010, the Agency
solicited comments on the estimated
burden. The Agency received one
comment in response to this
solicitation. This information collection
requirement will not become effective
until approved by OMB. Upon approval
of this information collection, the
Agency will publish a notice in the
Federal Register.
srobinson on DSKHWCL6B1PROD with NOTICES
Overview
Federal Agency Name: Rural
Business-Cooperative Service (an
agency of the United States Department
of Agriculture in the Rural Development
mission area).
Solicitation Opportunity Title:
Biorefinery Assistance Program.
Announcement Type: Initial
announcement.
Catalog of Federal Domestic
Assistance Number. The CFDA number
for this Notice is 10.865.
Dates: Complete applications must be
received in the USDA Rural
Development National Office no later
than 4:30 p.m. local time on May 10,
2011, in order to be considered for
Fiscal Year 2011 program funds. Any
application received after 4:30 p.m.
local time on May 10, 2011, regardless
of the application’s postmark, will not
be considered for Fiscal Year 2011
program funds.
Availability of Notice and Rule. This
Notice and the interim rule for the
Biorefinery Assistance Program are
available on the USDA Rural
Development Web site at https://
www.rurdev.usda.gov/
BCP_Biorefinery.html.
I. Funding Opportunity Description
A. Purpose of the Program. The
purpose of this Program is to assist in
the development and construction of
commercial-scale biorefineries and the
retrofitting of existing facilities using
eligible technology for the development
of advanced biofuels. The Agency will
make guarantees available on loans for
eligible projects that will provide for the
development, construction, and/or
retrofitting of commercial biorefineries
using eligible technology, as defined in
7 CFR 4279.202(a).
B. Statutory Authority. This Program
is authorized under Section 9003 of the
Farm Security and Rural Investment Act
of 2002 (FSRIA) (as amended by Section
VerDate Mar<15>2010
17:08 Mar 10, 2011
Jkt 223001
9001 of the Food, Conservation, and
Energy Act of 2008 (2008 Farm Bill)).
Regulations are contained in 7 CFR Part
4279, subpart C and in 7 CFR Part 4287,
subpart D.
C. Definition of Terms. The
definitions applicable to this Notice are
published at 7 CFR 4279.202(a) and 7
CFR 4287.302.
For the purposes of this Notice, a
local owner is defined as ‘‘An individual
who owns any portion of an eligible
advanced biofuel biorefinery and whose
primary residence is located within 50
miles of the biorefinery.’’
II. Award Information
A. Type of Award: Guaranteed loan.
B. Fiscal Year Funds: FY 2011.
C. Funding Availability: This Notice
provides approximately $129 million in
mandatory budget authority for this
Program in Fiscal Year 2011 to support
loan guarantees, in addition to any
carry-over funds from Fiscal Year 2010.
This budget authority represents
approximately $463 million in program
funds, subject to the loan characteristics
of the loan applications received.
D. Approximate Number of Awards:
4–5.
E. Guaranteed loan funding: The
provisions of 7 CFR part 4279.229 apply
to this Notice. The borrower needs to
provide the remaining funds from other
non-Federal sources to complete the
project.
F. Guarantee and annual renewal
fees. The guarantee and annual renewal
fees specified in 7 CFR 4279.226 are
applicable to this Notice.
G. Anticipated Award Date:
September 30, 2011.
III. Eligibility Information
A. Eligible lenders. To be eligible for
this Program, lenders must meet the
eligibility requirements in 7 CFR
4279.202(c).
B. Eligible borrowers. To be eligible
for this Program, borrowers must meet
the eligibility requirements in 7 CFR
4279.227.
C. Eligible projects. To be eligible for
this Program, projects must meet the
eligibility requirements in 7 CFR
4279.228.
D. Application completeness.
Incomplete applications will be
rejected. Lenders will be informed of the
elements that made the application
incomplete. If a resubmitted application
is received in the USDA Rural
Development’s National Office by 4:30
p.m. May 10, 2011, the Agency will
reconsider the application for Fiscal
Year 2011 program funds.
PO 00000
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IV. Fiscal Year 2011 Application and
Submission Information
A. Application submittal. The lender
must submit a separate application for
each project for which a loan guarantee
is sought under this Notice. It is
recommended that applicants refer to
the application guide for this program
(‘‘Instructions for Application for Loan
Guarantee—Section 9003 BioRefinery
Assistance Loan Guarantees’’), which
can be found on the Agency’s Web site
at https://www.rurdev.usda.gov/
BCP_Biorefinery.html.
B. Content and form of submission.
Approved lenders must submit an
Agency-approved application form for
each loan guarantee sought under this
Notice. Loan guarantee applications
from approved lenders must contain the
information specified in 7 CFR
4279.261(a) through (n), organized
pursuant to a table of contents in a
chapter format, and in 7 CFR
4279.261(o) as applicable.
C. Submission dates and times. The
original complete application must be
received by the USDA Rural
Development National Office no later
than 4:30 p.m. local time by May 10,
2011, regardless of the postmark date, in
order to be considered for Fiscal Year
2011 program funds. If the actual
deadline falls on a weekend or a
Federally-observed holiday, the
deadline is the next Federal business
day.
D. Application withdrawal. During the
period between the submission of an
application under this Notice and the
execution of documents, the lender
must notify the Agency, in writing, if
the project is no longer viable or the
borrower is no longer requesting
financial assistance for the project.
When the lender so notifies the Agency,
the selection will be rescinded or the
application withdrawn.
V. General Program Information
A. Loan origination. Lenders seeking
a loan guarantee under this Notice must
comply with the provisions found in 7
CFR 4279.202.
B. Loan processing. The Agency will
process loans guaranteed under this
Notice in accordance with the
provisions specified in 7 CFR 4279.224
through 4279.290.
For Fiscal Year 2011, refinancing,
according to the provisions of 7 CFR
4279.228(g), is an eligible project cost
under 7 CFR 4279.229(e).
C. Evaluation of applications and
awards. Awards under this Notice will
be made on a competitive basis;
submission of an application neither
reserves funding nor ensures funding.
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Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
The Agency will evaluate each complete
application received in the USDA Rural
Development National Office and will
make awards using the provisions
specified in 7 CFR 4279.265(a)
through (f).
A ranked application that is
competed, but is not funded, will be
carried forward to Fiscal Year 2012 to
compete in the first competition in
Fiscal Year 2012.
In all instances in which a ranked
application is not funded, the Agency
will notify the lender in writing. If an
application has been selected for
funding, but has not been funded
because additional information is
needed, the Agency will notify the
lender of what information is needed,
including a timeframe for the lender to
provide the information. If the lender
does not provide the information within
the specified timeframe, the Agency will
remove the application from further
consideration and will so notify the
lender.
D. Guaranteed loan servicing. The
Agency will service loans guaranteed
under this Notice in accordance with
the provisions specified in 7 CFR
4287.301 through 4287.307.
E. Transfers and assumptions. The
transfer fee rate for all transfers and
assumptions that occur during Fiscal
Year 2011 is 1 percent. The transfer fee
will be equal to the transfer fee rate
multiplied by the outstanding principal
loan balance as of the date of the
transfer multiplied by the percent of
guarantee.
VI. Administration Information
A. Notifications. The Agency will
notify, in writing, lenders whose
applications have been selected for
funding. If the Agency determines it is
unable to guarantee the loan, the lender
will be informed in writing. Such
notification will include the reasons for
denial of the guarantee.
B. Administrative and National Policy
requirements.
1. Review or appeal rights. A person
may seek a review of an Agency
decision or appeal to the National
Appeals Division in accordance with 7
CFR 4279.16.
2. Exception authority. The provisions
specified in 7 CFR 4279.202(b) and 7
CFR 4287.303 apply to this Notice.
C. Environmental review. The Agency
has reviewed the types of applicant
proposals that may qualify for assistance
under this section and has determined,
in accordance with 7 CFR Part 1940–G,
that all proposals shall be reviewed as
a Class II Environmental Assessment
(EA) as the development of new and
emerging technologies would not meet
VerDate Mar<15>2010
17:08 Mar 10, 2011
Jkt 223001
the classification of a Categorical
Exclusion (CE) in accordance with 7
CFR 1940.310 or a Class I EA in
accordance with 7 CFR 1940.311.
Furthermore, if after Agency review of
proposals the Agency has determined
that the proposal could result in
significant environmental impacts on
the quality of the human environment,
an Environmental Impact Statement
may be required pursuant to 7 CFR
1940.313.
VII. Agency Contacts
For general questions about this
Notice, please contact Kelley Oehler,
Energy Branch, Biorefinery Assistance
Program, U.S. Department of
Agriculture, 1400 Independence
Avenue, SW., Mail Stop 3225,
Washington, DC, 20250–3225.
Telephone: 202–720–6819. E-mail:
kelley.oehler@wdc.usda.gov.
Nondiscrimination Statement
The U.S. Department of Agriculture
(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 program. (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
Adjudication and Compliance, 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, employer, and
lender.
Dated: March 7, 2011.
Cheryl L. Cook,
Acting Under Secretary, Rural Development.
[FR Doc. 2011–5575 Filed 3–10–11; 8:45 am]
BILLING CODE 3410–XY–P
DEPARTMENT OF COMMERCE
[Docket No. 110228173–1173–01]
RIN 0605–XA34
Department of Commerce FY 2011–
2016 Strategic Plan
AGENCY:
PO 00000
Department of Commerce.
Frm 00016
Fmt 4703
Sfmt 4703
ACTION:
13353
Request for comment.
The Department of Commerce
(Department) is updating its current FY
2007–2012 Strategic Plan. As part of this
process, the Department is inviting
comments on its draft FY 2011–2016
Strategic Plan to comply with the
Government Performance and Results
Act of 1993 (GPRA), as well as the
recently enacted GPRA Modernization
Act.
DATES: Public comments on the draft
Strategic Plan must be entered through
the Federal eRulemaking Portal or
received at the appropriate mailing or email address (see ADDRESSES) no later
than April 11, 2011.
ADDRESSES: Please submit comments
through the Federal eRulemaking Portal
at https://www.regulations.gov.
Attachments to electronic comments
may be submitted in Microsoft Word,
Excel, or Adobe PDF formats.
Commenters who do not have access to
the Internet may mail comments to Mr.
Stephen Shapiro, Office of the Deputy
Secretary, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Room 5312, Washington, DC
20230. While on-line submission is
preferred, comments may also be
submitted via e-mail to
sshapiro@doc.gov. Comments that are
mailed or e-mailed also become part of
the public record and will generally be
posted to https://www.regulations.gov/
with all identifying information (name,
address, affiliation) that is voluntarily
submitted. Anonymous comments may
be submitted on-line by entering ‘‘N/A’’
in identification fields. Please do not
submit proprietary or other sensitive
information you do not want made
public.
The Department’s current and draft
Strategic Plans are posted at https://
www.osec.doc.gov/bmi/budget/.
FOR FURTHER INFORMATION CONTACT: Mr.
Stephen Shapiro, phone 202–482–3700,
fax 202–482–2903, e-mail
sshapiro@doc.gov.
SUPPLEMENTARY INFORMATION: Under the
Government Performance and Results
Act of 1993 (GPRA), as well as the
recently enacted GPRA Modernization
Act, each Federal agency must develop
a strategic plan describing the agency’s
mission and strategic goals, and the
means and strategies that will be used
to achieve them. The plan must describe
the relationship between annual
performance goals and the agency’s
strategic goal framework. Annual
performance plans for implementing the
strategic plan are documented as
elements of the Department’s budget
justifications. A key part of the statutory
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Notices]
[Pages 13351-13353]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5575]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
Rural Utilities Service
Notice of Funds Availability (NOFA) Inviting Applications for the
Biorefinery Assistance Program
AGENCY: Rural Business-Cooperative Service and Rural Utilities Service,
USDA.
ACTION: Notice on funding availability.
-----------------------------------------------------------------------
SUMMARY: This notice announces the acceptance of applications for funds
available under the Biorefinery Assistance Program (the ``Program'') to
provide guaranteed loans for the development and construction of
commercial-scale biorefineries or for the retrofitting of existing
facilities using eligible technology for the development of advanced
biofuels. For Fiscal Year 2011, there is only one round of competition.
Applications must be received by May 10, 2011 to compete for Fiscal
Year 2011 program funds. The Notice announces the availability of
approximately $129 million in mandatory budget authority to support
guaranteed loans under this Program in Fiscal Year 2011, in addition to
any carry-over funds from Fiscal Year 2010. This budget authority
represents approximately $463 million in program funds.
DATES: Applications must be received in the USDA Rural Development
National Office no later than 4:30 p.m. local time on May 10, 2011, to
compete for Fiscal Year 2011 program funds. Any application received
after 4:30 p.m. local time on May 10, 2011, regardless of the
application's postmark, will not be considered for Fiscal Year 2011
program funds. If the actual deadline falls on a weekend or a
Federally-observed holiday, the deadline is the next Federal business
day.
ADDRESSES: Applications and forms may be obtained from:
U.S. Department of Agriculture, Rural Development, Energy
Branch, Attention: BioRefinery Assistance Program, 1400 Independence
Avenue, SW., STOP 3225, Washington, DC 20250-3225.
Agency Web site: https://www.rurdev.usda.gov/BCP_Biorefinery.html. Follow instructions for obtaining the application and
forms.
Submit an original completed application with two copies to USDA's
Rural Development National Office: Energy Branch, Attention:
BioRefinery Assistance Program, 1400 Independence Avenue, SW., STOP
3225, Washington, DC 20250-3225.
FOR FURTHER INFORMATION CONTACT: Kelley Oehler, Energy Branch,
Biorefinery Assistance Program, U.S. Department of Agriculture, 1400
Independence Avenue, SW., Mail Stop 3225, Washington, DC 20250-3225.
Telephone: 202-720-6819. E-mail: kelley.oehler@wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The information collection requirements contained in the Notice of
Funding Availability for the Section 9003 Biorefinery Assistance
Guaranteed Loan Program published on November 28, 2008, were approved
by the Office of Management Budget (OMB) under emergency clearance
procedures and assigned OMB Control Number 0570-0055. As noted in the
November 28, 2008 notice, the Agency sought emergency clearance to
comply with the time frames mandated by a Presidential Memorandum in
order to implement the Program as quickly as possible, and that
providing for public comment under the normal procedure would unduly
delay the provision of benefits associated with
[[Page 13352]]
this Program and be contrary to the public interest. Now, however, in
accordance with the Paperwork Reduction Act of 1995, the Agency is
seeking standard OMB approval of the reporting and recordkeeping
requirements contained in the interim rule. In the publication of the
proposed rule on April 16, 2010, the Agency solicited comments on the
estimated burden. The Agency received one comment in response to this
solicitation. This information collection requirement will not become
effective until approved by OMB. Upon approval of this information
collection, the Agency will publish a notice in the Federal Register.
Overview
Federal Agency Name: Rural Business-Cooperative Service (an agency
of the United States Department of Agriculture in the Rural Development
mission area).
Solicitation Opportunity Title: Biorefinery Assistance Program.
Announcement Type: Initial announcement.
Catalog of Federal Domestic Assistance Number. The CFDA number for
this Notice is 10.865.
Dates: Complete applications must be received in the USDA Rural
Development National Office no later than 4:30 p.m. local time on May
10, 2011, in order to be considered for Fiscal Year 2011 program funds.
Any application received after 4:30 p.m. local time on May 10, 2011,
regardless of the application's postmark, will not be considered for
Fiscal Year 2011 program funds.
Availability of Notice and Rule. This Notice and the interim rule
for the Biorefinery Assistance Program are available on the USDA Rural
Development Web site at https://www.rurdev.usda.gov/BCP_Biorefinery.html.
I. Funding Opportunity Description
A. Purpose of the Program. The purpose of this Program is to assist
in the development and construction of commercial-scale biorefineries
and the retrofitting of existing facilities using eligible technology
for the development of advanced biofuels. The Agency will make
guarantees available on loans for eligible projects that will provide
for the development, construction, and/or retrofitting of commercial
biorefineries using eligible technology, as defined in 7 CFR
4279.202(a).
B. Statutory Authority. This Program is authorized under Section
9003 of the Farm Security and Rural Investment Act of 2002 (FSRIA) (as
amended by Section 9001 of the Food, Conservation, and Energy Act of
2008 (2008 Farm Bill)). Regulations are contained in 7 CFR Part 4279,
subpart C and in 7 CFR Part 4287, subpart D.
C. Definition of Terms. The definitions applicable to this Notice
are published at 7 CFR 4279.202(a) and 7 CFR 4287.302.
For the purposes of this Notice, a local owner is defined as ``An
individual who owns any portion of an eligible advanced biofuel
biorefinery and whose primary residence is located within 50 miles of
the biorefinery.''
II. Award Information
A. Type of Award: Guaranteed loan.
B. Fiscal Year Funds: FY 2011.
C. Funding Availability: This Notice provides approximately $129
million in mandatory budget authority for this Program in Fiscal Year
2011 to support loan guarantees, in addition to any carry-over funds
from Fiscal Year 2010. This budget authority represents approximately
$463 million in program funds, subject to the loan characteristics of
the loan applications received.
D. Approximate Number of Awards: 4-5.
E. Guaranteed loan funding: The provisions of 7 CFR part 4279.229
apply to this Notice. The borrower needs to provide the remaining funds
from other non-Federal sources to complete the project.
F. Guarantee and annual renewal fees. The guarantee and annual
renewal fees specified in 7 CFR 4279.226 are applicable to this Notice.
G. Anticipated Award Date: September 30, 2011.
III. Eligibility Information
A. Eligible lenders. To be eligible for this Program, lenders must
meet the eligibility requirements in 7 CFR 4279.202(c).
B. Eligible borrowers. To be eligible for this Program, borrowers
must meet the eligibility requirements in 7 CFR 4279.227.
C. Eligible projects. To be eligible for this Program, projects
must meet the eligibility requirements in 7 CFR 4279.228.
D. Application completeness. Incomplete applications will be
rejected. Lenders will be informed of the elements that made the
application incomplete. If a resubmitted application is received in the
USDA Rural Development's National Office by 4:30 p.m. May 10, 2011, the
Agency will reconsider the application for Fiscal Year 2011 program
funds.
IV. Fiscal Year 2011 Application and Submission Information
A. Application submittal. The lender must submit a separate
application for each project for which a loan guarantee is sought under
this Notice. It is recommended that applicants refer to the application
guide for this program (``Instructions for Application for Loan
Guarantee--Section 9003 BioRefinery Assistance Loan Guarantees''),
which can be found on the Agency's Web site at https://www.rurdev.usda.gov/BCP_Biorefinery.html.
B. Content and form of submission. Approved lenders must submit an
Agency-approved application form for each loan guarantee sought under
this Notice. Loan guarantee applications from approved lenders must
contain the information specified in 7 CFR 4279.261(a) through (n),
organized pursuant to a table of contents in a chapter format, and in 7
CFR 4279.261(o) as applicable.
C. Submission dates and times. The original complete application
must be received by the USDA Rural Development National Office no later
than 4:30 p.m. local time by May 10, 2011, regardless of the postmark
date, in order to be considered for Fiscal Year 2011 program funds. If
the actual deadline falls on a weekend or a Federally-observed holiday,
the deadline is the next Federal business day.
D. Application withdrawal. During the period between the submission
of an application under this Notice and the execution of documents, the
lender must notify the Agency, in writing, if the project is no longer
viable or the borrower is no longer requesting financial assistance for
the project. When the lender so notifies the Agency, the selection will
be rescinded or the application withdrawn.
V. General Program Information
A. Loan origination. Lenders seeking a loan guarantee under this
Notice must comply with the provisions found in 7 CFR 4279.202.
B. Loan processing. The Agency will process loans guaranteed under
this Notice in accordance with the provisions specified in 7 CFR
4279.224 through 4279.290.
For Fiscal Year 2011, refinancing, according to the provisions of 7
CFR 4279.228(g), is an eligible project cost under 7 CFR 4279.229(e).
C. Evaluation of applications and awards. Awards under this Notice
will be made on a competitive basis; submission of an application
neither reserves funding nor ensures funding.
[[Page 13353]]
The Agency will evaluate each complete application received in the USDA
Rural Development National Office and will make awards using the
provisions specified in 7 CFR 4279.265(a) through (f).
A ranked application that is competed, but is not funded, will be
carried forward to Fiscal Year 2012 to compete in the first competition
in Fiscal Year 2012.
In all instances in which a ranked application is not funded, the
Agency will notify the lender in writing. If an application has been
selected for funding, but has not been funded because additional
information is needed, the Agency will notify the lender of what
information is needed, including a timeframe for the lender to provide
the information. If the lender does not provide the information within
the specified timeframe, the Agency will remove the application from
further consideration and will so notify the lender.
D. Guaranteed loan servicing. The Agency will service loans
guaranteed under this Notice in accordance with the provisions
specified in 7 CFR 4287.301 through 4287.307.
E. Transfers and assumptions. The transfer fee rate for all
transfers and assumptions that occur during Fiscal Year 2011 is 1
percent. The transfer fee will be equal to the transfer fee rate
multiplied by the outstanding principal loan balance as of the date of
the transfer multiplied by the percent of guarantee.
VI. Administration Information
A. Notifications. The Agency will notify, in writing, lenders whose
applications have been selected for funding. If the Agency determines
it is unable to guarantee the loan, the lender will be informed in
writing. Such notification will include the reasons for denial of the
guarantee.
B. Administrative and National Policy requirements.
1. Review or appeal rights. A person may seek a review of an Agency
decision or appeal to the National Appeals Division in accordance with
7 CFR 4279.16.
2. Exception authority. The provisions specified in 7 CFR
4279.202(b) and 7 CFR 4287.303 apply to this Notice.
C. Environmental review. The Agency has reviewed the types of
applicant proposals that may qualify for assistance under this section
and has determined, in accordance with 7 CFR Part 1940-G, that all
proposals shall be reviewed as a Class II Environmental Assessment (EA)
as the development of new and emerging technologies would not meet the
classification of a Categorical Exclusion (CE) in accordance with 7 CFR
1940.310 or a Class I EA in accordance with 7 CFR 1940.311.
Furthermore, if after Agency review of proposals the Agency has
determined that the proposal could result in significant environmental
impacts on the quality of the human environment, an Environmental
Impact Statement may be required pursuant to 7 CFR 1940.313.
VII. Agency Contacts
For general questions about this Notice, please contact Kelley
Oehler, Energy Branch, Biorefinery Assistance Program, U.S. Department
of Agriculture, 1400 Independence Avenue, SW., Mail Stop 3225,
Washington, DC, 20250-3225. Telephone: 202-720-6819. E-mail:
kelley.oehler@wdc.usda.gov.
Nondiscrimination Statement
The U.S. Department of Agriculture (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
program. (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 Adjudication and Compliance, 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, employer, and
lender.
Dated: March 7, 2011.
Cheryl L. Cook,
Acting Under Secretary, Rural Development.
[FR Doc. 2011-5575 Filed 3-10-11; 8:45 am]
BILLING CODE 3410-XY-P
