Notice of Contract Proposals (NOCP) for Payments to Eligible Advanced Biofuel Producers, 5229-5232 [2012-2240]

Agencies

• DEPARTMENT OF AGRICULTURE
• Rural Business-Cooperative Service
• Rural Utilities Service

[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Notices]
[Pages 5229-5232]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2240]


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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service

Rural Utilities Service


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

AGENCY: Rural Business-Cooperative Service and Rural Utilities Service, 
USDA.

ACTION: Notice.

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SUMMARY: The Notice of Contract Proposals announces the availability of 
up to $25 million to make payments to advanced biofuel producers for 
the production of eligible advanced biofuels in Fiscal Year 2012. The 
2008 Farm Bill provided $105 million in mandatory funding to support 
payments for advanced biofuels. The fiscal year 2012 Appropriations Act 
imposes a limitation of $65 million that can be used for these 
activities in 2012. Approximately $40 million will be used to pay 
producers for Fiscal Year 2011 fourth quarter and incremental payments.

DATES: Applications for participating in the Advanced Biofuel Payment 
Program for Fiscal Year 2012 were accepted from October 1, 2011, 
through October 31, 2011 in accordance with 7 CFR part 4288, subpart B, 
section 4288.120(b). Applications received after October 31, 2011, 
regardless of their postmark, will not be considered for Fiscal Year 
2012 funds.

ADDRESSES: See the SUPPLEMENTARY INFORMATION for addresses concerning 
applications for the Advanced Biofuel Payment Program for Fiscal Year 
2012 funds.

FOR FURTHER INFORMATION CONTACT: For information about the Fiscal Year 
2012 applications and for Advanced Biofuel Payment Program assistance, 
please contact a USDA Rural Development Energy Coordinator, as provided 
in the SUPPLEMENTARY INFORMATION section of this Notice, or Diane 
Berger, USDA Rural Development, 1400 Independence Avenue SW., Room 
6865, STOP 3225, Washington, DC 20250. Telephone: (202) 260-1508. Fax: 
(202) 720-2213. Email: diane.berger@wdc.usda.gov.

SUPPLEMENTARY INFORMATION:

Fiscal Year 2012 Applications for the Advanced Biofuel Payment Program

    An applicant (unless the applicant is an individual) must have a 
Dun and Bradstreet Data Universal Numbering System (DUNS) number, which 
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. Complete applications 
were submitted to the Rural Development State Office in the State in 
which the applicant's principal place of business is located.

Universal Identifier and Central Contract Registration (CCR)

    Unless exempt under 2 CFR 25.110, the applicant must:
    (a) Be registered in the CCR prior to submitting an application or 
plan;
    (b) Maintain an active CCR registration with current information at 
all times during which it has an active Federal award or an application 
or plan under consideration by the Agency; and

[[Page 5230]]

    (c) Provide its DUNS number in each application or plan it submits 
to the Agency.

Rural Development Energy Coordinators

    Note: Telephone numbers listed are not toll-free.

Alabama

Marcia Johnson, USDA Rural Development, Suite 601, Sterling Centre, 
4121 Carmichael Road, Montgomery, AL 36106-3683, (334) 279-33453, 
marcia.johnson@al.usda.gov

Alaska

Chad Stovall, USDA Rural Development, 800 West Evergreen, Suite 201, 
Palmer, AK 99645-6539, (907) 761-7718, chad.stovall@ak.usda.gov

American Samoa (See Hawaii)

Arizona

Gary Mack, USDA Rural Development, 230 North First Avenue, Suite 
206, Phoenix, AZ 85003-1706, (602) 280-8700, gary.mack@az.usda.gov

Arkansas

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

California

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

Colorado

Janice Pond, USDA Rural Development, Denver Federal Center, Building 
56, Room 2300, P.O. Box 25426, Denver, CO 80225-0426, (720) 544-
2907, janice.pond@co.usda.gov

Commonwealth of the Northern Marianas Islands-CNMI (see Hawaii)

Connecticut (see Massachusetts)

Delaware/Maryland

Bruce Weaver, USDA Rural Development, 1221 College Park Drive, Suite 
200, Dover, DE 19904, (302) 857-3629, Bruce.Weaver@de.usda.gov

Federated States of Micronesia (See Hawaii)

Florida/Virgin Islands

Angela Prioleau, USDA Rural Development, 4440 NW. 25th Place, 
Gainesville, FL 32606, (352) 338-3412, Angela.Prioleau@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 (See Hawaii)

Hawaii/Guam/Republic of Palau/Federated States of Micronesia/
Republic of the Marshall Islands/American Samoa/Commonwealth of the 
Northern Marianas Islands--CNMI

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

Mary Warren, USDA Rural Development, 2118 West Park Court, Suite A, 
Champaign, IL 61821, (217) 403-6218, Mary.Warren@il.usda.gov

Indiana

Jerry Hay, USDA Rural Development, 5975 Lakeside Boulevard, 
Indianapolis, IN 46278, (812) 346-3411, Ext. 126, 
Jerry.Hay@in.usda.gov

Iowa

Kate Sand, USDA Rural Development, 909 E. 2nd Avenue, Suite C, 
Indianola, IA 50125, (515) 961-5365 Ext. 13060, 
kate.sand@ia.usda.gov

Kansas

David Kramer, USDA Rural Development, 1303 SW. First American Place, 
Suite 100, Topeka, KS 66604-4040, (785) 271-2730, 
david.kramer@ks.usda.gov

Kentucky

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

Louisiana

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

Maine

Beverly Stone, USDA Rural Development, 967 Illinois Avenue, Suite 4, 
P.O. Box 405, Bangor, ME 04402-0405, (207) 990-9125, 
beverly.stone@me.usda.gov

Maryland (see Delaware)

Massachusetts/Rhode Island/Connecticut

Charles W. Dubuc, USDA Rural Development, 60 Quaker Lane, Suite 44, 
Warwick, RI 02886, (401) 822-8867, Charles.Dubuc@ma.usda.gov

Michigan

Rick Vanderbeek, USDA Rural Development, 3001 Coolidge Road, Suite 
200, East Lansing, MI 48823, (517) 324-5218, 
rick.vanderbeek@mi.usda.gov

Minnesota

Ron Omann, USDA Rural Development, 375 Jackson St., Suite 410, St. 
Paul, MN 55101, (651) 602-7796, Ron.Omann@mn.usda.gov

Mississippi

G. Gary Jones, USDA Rural Development, 100 W. Capital Street, Suite 
831, 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, 2229 Boot Hill Court, P.O. 
Box 850, Bozeman, MT 59771, (406) 585-2550, 
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

Mark Williams, USDA Rural Development, 1390 South Curry Street, 
Carson City, NV 89703, (775) 887-1222, Ext 116, 
mark.williams@nv.usda.gov

New Hampshire (See Vermont)

New Jersey

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

New Mexico

Jesse Monfort 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. 127, 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

[[Page 5231]]

Oregon

Don Hollis, USDA Rural Development, 200 SE. Hailey Ave, Suite 105, 
Pendleton, OR 97801, (541) 278-8049, Ext. 129, 
Don.Hollis@or.usda.gov

Pennsylvania

Amanda Krugh, USDA Rural Development, 1 Credit Union Place, Suite 
330, Harrisburg, PA 17110-2996, (717) 237-2289, 
Amanda.Krugh@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. 
151, Luis.Garcia@pr.usda.gov

Republic of Palau (See Hawaii)

Republic of the Marshall Islands (See Hawaii)

Rhode Island (see Massachusetts)

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

Kenneth Lynch, USDA Rural Development, Federal Building, Room 210, 
200 4th Street SW., Huron, SD 57350, (605) 352-1120, 
ken.lynch@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

Billy Curb, USDA Rural Development, Federal Building, Suite 102, 101 
South Main Street, Temple, TX 76501, (254) 742-9775, 
billy.curb@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/New Hampshire

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

Virginia

Laurette Tucker, USDA Rural Development, 1606 Santa Rosa Road, Suite 
238, Richmond, VA 23229, (434) 392-4906, Ext. 126 or (804) 287-1606, 
Laurette.Tucker@va.usda.gov

Virgin Islands (see Florida)

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

Lisa Sharp, USDA Rural Development, 1550 Earl Core Road, Suite 101, 
Morgantown, WV 26505, (304) 284-4871, lisa.sharp@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

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995, the 
information collection requirements associated with the Advanced 
Biofuel Payments Program, as covered in this Notice, have been approved 
by the Office of Management and Budget (OMB) under OMB Control Number 
0570-0057.

Overview

    Federal Agency Name: Rural Business-Cooperative Service (an agency 
of the United States Department of Agriculture in the Rural Development 
mission area).
    Contract Proposal Title: Advanced Biofuel Payment Program.
    Announcement Type: Annual announcement.
    Catalog of Federal Domestic Assistance Number. The CFDA number for 
this Notice is 10.867.
    Dates: The Advanced Biofuels Program sign-up period for Fiscal Year 
2012 was October 1 to October 31, 2011.
    Availability of Notice and Rule. This Notice and the interim rule 
for the Advanced Biofuel Payment Program are available on the USDA 
Rural Development Web site at https://www.rurdev.usda.gov/BCP_Biofuels.html.

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 of 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 7 U.S.C 
8105.
    C. Definition of Terms. The definitions applicable to this Notice 
are published at 7 CFR 4288.102.

II. Award Information

    A. Available funds. The Agency is authorizing up to $25 million for 
this program in Fiscal Year 2012. The 2008 Farm Bill provided $105 
million in mandatory funding to support payments for advanced biofuels. 
The fiscal year 2012 Appropriations Act imposes a limitation of $65 
million that can be used for these activities in 2012. Approximately 
$40 million will be used to pay producers for Fiscal Year 2011 fourth 
quarter and incremental payments.
    B. Approximate number of awards. The number of awards will depend 
on the number of participating advanced biofuel producers.
    C. Range of amounts of each payment. There is no minimum or maximum 
payment amount that an individual producer can receive. The amount that 
each producer receives will depend on the number of eligible advanced 
biofuel producers participating in the program for Fiscal Year 2012, 
the amount of advanced biofuels being produced by such advanced biofuel 
producers, and the amount of funds available.
    D. Contract. For producers participating in this program for the 
first time in Fiscal Year 2012, a contract will need to be entered into 
with the Agency and the contract period will continue indefinitely 
until terminated as provided for in 7 CFR 4288.121(d). For producers 
that participated in this program in Fiscal Year 2011, the contract 
period continues indefinitely until terminated as provided for in 7 CFR 
4288.121(d).
    E. Production period. Payments to participating advanced biofuel 
producers under this Notice will be made on actual eligible advanced 
biofuels produced from October 1, 2011 through September 30, 2012.
    F. Type of instrument. Payment.

III. Eligibility Information

    A. Eligible applicants. To be eligible for this program, an 
applicant must meet the eligibility requirements specified in 7 CFR 
4288.110.
    B. Biofuel eligibility. To be eligible for payment, an advanced 
biofuel must meet the eligibility requirements specified in 7 CFR 
4288.111.
    C. Payment eligibility. To be eligible for program payments, an 
advanced biofuel producer must maintain the records specified in 7 CFR 
4288.113.

[[Page 5232]]

IV. Fiscal Year 2012 Application and Submission Information

    A. Address to request applications. Annual Application, Contract, 
and Payment Request forms are available from the USDA, Rural 
Development State Office, Rural Development Energy Coordinator. The 
list of Rural Development Energy Coordinators is provided in the 
SUPPLEMENTARY INFORMATION section of this Notice.
    B. Content and form of submission. The enrollment provisions, 
including application content and form of submission, are specified in 
7 CFR 4288.120 and 4288.121.
    C. Submission dates and times.
    (1) Enrollment. Advanced biofuel producers who expect to produce 
eligible advanced biofuel at any time during Fiscal Year 2012 must have 
enrolled in the program by October 31, 2011, even if the producer has 
an existing contract with the Agency. Applications received after this 
date, regardless of their postmark, will not be considered by the 
Agency for Fiscal Year 2012 funds. Producers who participated in this 
Program in Fiscal Year 2009, Fiscal Year 2010, and/or Fiscal Year 2011 
must have submitted a new application under this Notice to be 
considered for Fiscal Year 2012 funds.
    (2) Payment applications. Advanced biofuel producers must submit 
Form RD 4288-3, ``Advanced Biofuel Payment Program--Payment Request,'' 
for each of the four Federal fiscal quarters of Fiscal Year 2012. Each 
form must be submitted by 4:30 p.m. on January 31, 2012, for the first 
quarter; April 30, 2012, for the second quarter; July 31, 2012, for the 
third quarter; and October 31, 2012, for the fourth quarter. Neither 
complete nor incomplete payment applications received after such dates 
and times will be considered, regardless of the postmark on the 
application.
    D. Funding restrictions. For Fiscal Year 2012, not more than 5 
percent of the funds will be made available to eligible producers with 
a refining capacity (as determined for the prior fiscal year) exceeding 
150,000,000 gallons of a liquid advanced biofuel per year or exceeding 
15,900,000 million British Thermal Units of biogas and solid advanced 
biofuel per year. (In calculating whether a producer meets either of 
these capacities, production of all advanced biofuel facilities in 
which the producer has 50 percent or more ownership will be totaled.) 
The remaining funds will be made available to all other producers.
    E. Payment provisions. Fiscal Year 2012 payments will be made 
according to the provisions specified in 7 CFR 4288.130 through 
4288.137.

V. Administration Information

    A. Notice of eligibility. The provisions of 7 CFR 4288.112 apply to 
this Notice. These provisions include notifying an applicant determined 
to be eligible for participation and assigning such applicant a 
Contract number and notifying an applicant determined to be ineligible, 
including the reason(s) the applicant was rejected and providing such 
applicant appeal rights as specified in 7 CFR 4288.103.
    B. Administrative and National Policy requirements.
    (1) Review or appeal rights. A person may seek a review of an 
adverse agency decision or appeal to the National Appeals Division as 
provided in 7 CFR 4288.103.
    (2) Compliance with other laws and regulations. The provisions of 7 
CFR 4288.104 apply to this Notice, which includes requiring advanced 
biofuel producers to be in compliance with other applicable Federal, 
State, and local laws.
    (3) Oversight and monitoring. The provisions of 7 CFR 4288.105 
apply to this Notice, which includes the right of the Agency to verify 
all payment applications and subsequent payments and the requirement 
that each eligible advanced biofuel producer 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 are within the control of such advanced biofuel 
producer for not less than three years from each Program payment date.
    (4) Exception authority. The provisions of 7 CFR 4288.107 apply to 
this Notice.
    C. Environmental review. Rural Development's compliance with the 
National Environmental Policy Act of 1969 (NEPA) is implemented in its 
regulations at 7 CFR part 1940, subpart G. The Agency has reviewed the 
circumstances under which financial assistance may be provided under 
this Program and has determined that proposals that do not involve 
additional facility construction fall within the categorical exclusion 
from NEPA reviews provided for in 7 CFR 1940.310(c)(1). Applicants 
whose proposal involves additional facility construction should provide 
Form RD 1940-20, ``Request for Environmental Information,'' as part of 
their application. Rural Development will then determine whether the 
proposal is categorically excluded under 7 CFR 1940.310(c)(1) or 
whether additional actions are necessary to comply with 7 CFR part 
1940, subpart G.

VI. Agency Contacts

    For assistance on this payment program, please contact a USDA Rural 
Development Energy Coordinator, as provided in the SUPPLEMENTARY 
INFORMATION section of this Notice, or Diane Berger, USDA Rural 
Development, 1400 Independence Avenue SW., Room 6865, STOP 3225, 
Washington, DC 20250. Telephone: (202) 260-1508. Fax: (202) 720-2213. 
Email: diane.berger@wdc.usda.gov.

VII. 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: January 27, 2012.
Judith A. Canales,
Administrator, Rural Business-Cooperative Service.
[FR Doc. 2012-2240 Filed 2-1-12; 8:45 am]
BILLING CODE 3410-XY-P