Notice of Contract Proposals (NOCP) for the Advanced Biofuels Payment Program, 34278-34280 [2014-14024]

Agencies

• DEPARTMENT OF AGRICULTURE
• Rural Business-Cooperative Service

[Federal Register Volume 79, Number 115 (Monday, June 16, 2014)]
[Notices]
[Pages 34278-34280]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14024]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

SUMMARY: This Notice of Contract Proposals announces the availability 
of $15 million in fiscal year 2014 to make payments to advanced biofuel 
producers for the production of eligible advanced biofuels. 
Applications for participating in the Advanced Biofuel Payment Program 
for fiscal year 2014 were accepted from October 1 through October 31, 
2013. This Notice is to advise those who have already applied for 
fiscal year 2014 funding how much funding is available and how to 
qualify for those funds. The funding for fiscal year 2014 is from the 
Agricultural Act of 2014 (2014 Farm Bill), Public Law 113-79.

DATES: Applications for participation in fiscal year 2014 were accepted 
from October 1 through October 31, 2013, in accordance with 7 CFR 
4288.120(b). Applicants must also comply with the quarterly submission 
dates referenced in this Notice under IV(C)(2) and also contained in 7 
CFR 4288.102 and 4288.130(d).

ADDRESSES: See the SUPPLEMENTARY INFORMATION for addresses concerning 
information for the Advanced Biofuel Payment Program for fiscal year 
2014 funds.

FOR FURTHER INFORMATION CONTACT: For information about the 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, 511 W. 7th Street, Atlantic, IA 50022. Telephone: 
(712) 243-2107 Extension 116. Email: lisa.noty@wdc.usda.gov.

SUPPLEMENTARY INFORMATION:

Fiscal Year 2014 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

    For further information on this program, please contact the 
applicable USDA Rural Development Energy

[[Page 34279]]

Coordinator for your respective State, as identified via the following 
link: https://www.rurdev.usda.gov/BCP_Energy_CoordinatorList.html.

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 (USDA) 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 
2014 participation was October 1 to October 31, 2013.
    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 authorized to provide $15 million for this program in 
fiscal year 2014 pursuant to the 2014 Farm Bill.

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 the respective fiscal year, 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, 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 the 
previous fiscal year, 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, 2013, through September 30, 2014, in accordance with 7 CFR 
part 4288 subpart B.

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. 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 2014 must 
enroll 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. Producers who 
participated in this Program in any previous fiscal year must submit a 
new application as identified above to be considered.
    (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 for each fiscal year. Pay 
requests for the first and second quarter of fiscal year 2014 must be 
submitted by 4:30 p.m. July 16, 2014, July 31, 2014, for the third 
quarter; and October 31, 2014, 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 request. If any 
of these deadlines falls on a weekend or a federally-observed holiday, 
the deadline is the next Federal business day.

D. Funding Restrictions

    Not more than 5 percent of the funds in each fiscal year will be 
made available to eligible producers with a refining capacity (as 
determined for the prior fiscal year) exceeding 150,000,000 gallons per 
year of a liquid advanced biofuels or exceeding 15,900,000 million 
British Thermal Units per year of biogas and solid advanced biofuel. 
(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 each 
fiscal year. The remaining funds will be made available to all other 
producers.

[[Page 34280]]

E. Payment Provisions

    Payments will be made according to the provisions specified in 7 
CFR 4288.130 through 4288.137. Producers submitting payment requests 
for fiscal year 2014 first and second quarter production after July 16, 
2014 will not be paid. Payment requests are required to be submitted in 
accordance with 7 CFR 4288.130(d). The Biofuel Payment Program Annual 
Application, Form RD 4288-1, must have been submitted within the 
required timeframe.

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 requests 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

    This document has been reviewed in accordance with 7 CFR part 1940, 
subpart G, ``Environmental Program.'' RBS has determined that this 
action does not constitute a major Federal action significantly 
affecting the quality of the human environment, and in accordance with 
the National Environmental Policy Act (NEPA) of 1969, 42 U.S.C. 4321 et 
seq, this regulation is a Categorical Exclusion. Payment applications 
will be reviewed individually to determine compliance with NEPA.

VII. 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, 511 W. 7th Street, Atlantic, IA. Telephone: (712) 
243-2107 extension 116. Email: lisa.noty@wdc.usda.gov.

VIII. 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 of communication of program 
information (Braille, large print, audiotape, etc.) should contact 
USDA's TARGET center at (202) 720-2600 (voice and TDD).
    If you wish to file a Civil Rights program complaint of 
discrimination, complete the USDA Program Discrimination Complaint Form 
(PDF), found online at https://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the 
form. You may also write a letter containing all of the information 
requested in the form. Send your completed complaint form or letter to 
us by mail at U.S. Department of Agriculture, Director, Office of 
Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410, 
by fax (202) 690-7442 or email at program.intake@usda.gov.
    Individuals who are deaf, hard of hearing, or have speech 
disabilities and you wish to file a program complaint please contact 
USDA through the Federal Relay Service at (800) 877-8339 or (800) 845-
6136 (in Spanish). USDA is an equal opportunity provider and employer.

    Dated: June 10, 2014.
Lillian E. Salerno,
Administrator, Rural Business-Cooperative Service.
[FR Doc. 2014-14024 Filed 6-13-14; 8:45 am]
BILLING CODE 3410-XY-P