Notice of Contract Proposals (NOCP) for the Advanced Biofuels Payment Program, 34975-34978 [2013-13778]

Agencies

• DEPARTMENT OF AGRICULTURE
• Rural Business-Cooperative Service

[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Notices]
[Pages 34975-34978]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13778]



[[Page 34975]]

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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service


Notice of Contract Proposals (NOCP) for the Advanced Biofuels 
Payment Program

AGENCY: Rural Business-Cooperative Service, United States Department of 
Agriculture (USDA).

ACTION: Notice.

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SUMMARY: This Notice of Contract Proposals announces the acceptance of 
applications and the availability of $98.6 million to make payments to 
advanced biofuel producers for the production of eligible advanced 
biofuels. Of the $98.6 million, $68.6 million will be available for 
Fiscal Year 2013 production and the remainder of approximately $30 
million is for payments for production in prior fiscal years. This 
funding for Fiscal Year 2013 is in accordance with The Consolidated and 
Further Continuing Appropriations Act, 2013, Public Law 113-6.

DATES: Applications for participating in the Advanced Biofuel Payment 
Program for Fiscal Year 2013 were accepted from October 1, 2012, 
through October 31, 2012, in accordance with 7 CFR 4288, Subpart B, 
section 4288.120 (b). In addition, applications received by July 11, 
2013 will be considered for Fiscal Year 2013 funds. Producers applying 
after June 11, 2013 will not be paid for payment requests submitted 
after the payment request timeframe. Payment requests are required to 
be submitted in accordance with 7 CFR 4288, Subpart B, section 
4288.130(d). The Biofuel Payment Program Annual Application, Form RD 
4288-1, must be submitted prior to or with the Advanced Biofuel Payment 
Program--Payment Request, Form RD 4288-3.

ADDRESSES: See the SUPPLEMENTARY INFORMATION for addresses concerning 
applications for the Advanced Biofuel Payment Program for Fiscal Year 
2013 funds.

FOR FURTHER INFORMATION CONTACT: For information about the Fiscal Year 
2013 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 Lisa Noty, 
Energy Division, USDA Rural Development, 255 U.S. Highway 69, Garner, 
IA 50438. Telephone: (641) 923-3666 Extension 109. Email: 
lisa.noty@wdc.usda.gov.

SUPPLEMENTARY INFORMATION:

Fiscal Year 2013 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 
must be submitted to the Rural Development State Office in the State in 
which the applicant's principal place of business is located.

Universal Identifier and System for Awards Management (SAM)

    Unless exempt under 2 CFR 25.110, the applicant must:
    (a) Be registered in the SAM prior to submitting an application or 
plan;
    (b) Maintain an active SAM 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
    (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) 279-3453, 
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) 280-8717, 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

Steven Nicholls, USDA Rural Development, 430 G Street, 4169, 
Davis, CA 95616, (530) 792-5805, steven.nicholls@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.prioleua@fl.usda.gov.

Georgia

J. Craig Scroggs, USDA Rural Development, 111 E. Spring St., Suite B, 
Monroe, GA 30655, (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

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

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.

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Iowa

Kate Sand, USDA Rural Development, 909 E. 2nd Avenue, Suite C, 
Indianola, IA 50125, (515) 961-5365, ext.130, kate.sand@ia.usda.gov.

Kansas

David Kramer, USDA Rural Development, 1303 SW First American Place, 
Suite 100, Topeka, KS 66604-4040, (785) 271-2736, 
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, 
Bangor, ME 04401-2767, (207) 990-9168, beverly.stone@me.usda.gov.

Maryland (see Delaware)

Massachusetts/Rhode Island/Connecticut

Anne Correia, USDA Rural Development, 15 Cranberry Highway, West 
Wareham, MA 01002, (508) 295-5151, ext. 3, anne.correia@ma.usda.gov.

Michigan

Rick Vanderbeek, USDA Rural Development, 3001 Coolidge Road, Suite 200, 
East Lansing, MI 48823, (517) 324-5157, 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

Bill Barr, USDA Rural Development, 2229 Boot Hill Court, P.O. Box 850, 
Bozeman, MT 59771, (406) 585-2545, bill.barr@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, 5th 
Floor North, Suite 500, 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. 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, 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. 251, 
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

Darlene Bresson USDA Rural Development, 1720 4th Street NE., Suite 2, 
Watertown, SD 57201 (605) 886-8202, ext. 120, 
darlene.bresson@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

Lori Silva, USDA Rural Development, Wallace F. Bennett Federal 
Building, 125 South State Street, Room 4311, Salt Lake City, UT 84138, 
(801) 524-4323, lori.silva.mathews@ut.usda.gov.

Vermont/New Hampshire

Cheryl Ducharme, USDA Rural Development, 87 Main Street, Suite 324, 
P.O. Box 249, Montpelier, VT 05601, (802) 828-6083, 
cheryl.ducharme@vt.usda.gov.

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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 (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

Jesse Gandee, USDA Rural Development, 1550 Earl Core Road, Suite 101, 
Morgantown, WV 26505-7500, (304) 284-4882, jesse.gandee@wv.usda.gov.

Wisconsin

Brenda Heinen, USDA Rural Development, 5417 Clem's Way, Stevens Point, 
WI 54482, (715) 345-7615, Ext. 139, brenda.heinen@wi.usda.gov.

Wyoming

Nancy Veres, USDA Rural Development, Dick Cheney Federal Building, 100 
East B Street, Room 1005, P.O. Box 11005, Casper, WY 82602, (307) 233-
6710, nancy.veres@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 (CFDA): The CFDA 
number for this Notice is 10.867.

DATES: The Advanced Biofuels Program sign-up period for Fiscal Year 
2013 was October 1 to October 31, 2012. In addition, applications 
received by July 11, 2013, will be considered for Fiscal Year 2013 
funds. Producers applying after June 11, 2013 will not be paid for 
payment requests submitted after the payment request timeframe. Payment 
requests are required to be submitted in accordance with 7 CFR 4288, 
Subpart B, section 4288.130(d). The Biofuel Payment Program Annual 
Application, Form RD 4288-1, must be submitted prior to or with 
Advanced Biofuel Payment Program--Payment Request, Form RD 4288-3.
    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 $98.6 million for 
this program in Fiscal Year 2013.
    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 2013, 
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 2013, 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 2012, 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, 2012, through September 30, 2013.
    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.

IV. Fiscal Year 2013 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 2013 must have 
enrolled in the program by the dates identified in this Notice. 
Applications received after the identified dates, regardless of their 
postmark, will not be considered by the Agency for Fiscal Year 2013 
funds. Producers who participated in this Program in any previous 
fiscal year must submit a new application as identified above to be 
considered for Fiscal Year 2013 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 2013. Each 
form must be submitted by 4:30 p.m. on January 31, 2013, for the first 
quarter; April 30, 2013, for the second quarter; July 31, 2013, for the 
third quarter; and October 31, 2013, 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. If any of these deadlines falls on a weekend or a

[[Page 34978]]

federally-observed holiday, the deadline is the next Federal business 
day.
    D. Funding restrictions. For Fiscal Year 2013, 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 Agency will provide payments to eligible solid advanced biofuels 
produced from forest biomass of not more than 5 percent of available 
program funds in Fiscal Year 2013. The remaining funds will be made 
available to all other producers.
    E. Payment provisions. Fiscal Year 2013 payments will be made 
according to the provisions specified in 7 CFR 4288.130 through 
4288.137. Producers applying after June 11, 2013 will not be paid for 
payment requests submitted after the payment request timeframe. Payment 
requests are required to be submitted in accordance with 7 CFR 4288, 
Subpart B, section 4288.130(d). The Biofuel Payment Program Annual 
Application, Form RD 4288-1, must be submitted prior to or with the 
Advanced Biofuel Payment Program--Payment Request, Form RD 4288-3.

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 3 years from each Program payment date.
    (4) Exception authority. The provisions of 7 CFR 4288.107 apply to 
this Notice.
    (5) Unauthorized Assistance. The provision of 7 CFR 4288.135 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 Lisa Noty, Energy Division, USDA 
Rural Development, 255 U.S. Highway 69, Garner, IA 50438. Telephone: 
(641) 923-3666 extension 109. Fax: (641) 923-3660. Email: 
lisa.notymailto:@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, Assistant 
Secretary for Civil Rights, Office of the Assistant Secretary for Civil 
Rights, 1400 Independence Avenue SW., Washington, DC 20250-9410 or call 
toll-free at (866) 632-9992 (English) or (800) 877-8339 (TTD) or (866) 
377-8642 (English Federal-relay) or (800) 845-6136 (Spanish Federal-
relay). USDA is an equal opportunity provider and employer.

    Dated: May 30, 2013.
Lillian E. Salerno,
Acting Administrator, Rural Business-Cooperative Service.
[FR Doc. 2013-13778 Filed 6-10-13; 8:45 am]
BILLING CODE 3410-XY-P