Notice of Solicitation of Applications for the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program, 38432-38436 [2015-16480]

Download as PDF 38432 Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices are seven percent lower than they were for NEERS5 even with the inclusion of the new reporting elements (EFNEP program plans and budgets). This indicates that even though additional reporting requirements were included in the updated system, the overall burden to the users was reduced. Comments: Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (b) the accuracy of the Agency’s estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Done in Washington, DC, this 23rd day of June, 2015. Ann Bartuska, Deputy Under Secretary, Research, Education, and Economics. [FR Doc. 2015–16472 Filed 7–2–15; 8:45 am] BILLING CODE 3410–22–P DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service Notice of Solicitation of Applications for the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program Rural Business-Cooperative Service, USDA. ACTION: Notice. AGENCY: This Notice announces the solicitation of applications for funds available under the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program (the Program), formerly the Biorefinery Assistance Program, to provide guaranteed loans to fund the development, construction, and Retrofitting of Commercial Scale biorefineries using Eligible Technology and of Biobased Product Manufacturing facilities that use Technologically New Commercial Scale processing and manufacturing equipment to convert Renewable Chemicals and other biobased outputs of biorefineries into end-user products, on a Commercial Scale. DATES: With this Notice, the Agency is announcing two separate application Lhorne on DSK7TPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 14:37 Jul 02, 2015 Jkt 235001 cycles, which are established in accordance with 7 CFR 4279.260(b), with application deadlines of October 1, 2015, and April 1, 2016. The first application cycle begins with publication of this Notice and extends no later than 4:30 p.m. Eastern Daylight Time, October 1, 2015. The second application cycle begins at the close of the first application cycle and extends no later than 4:30 p.m. Eastern Daylight Time, April 1, 2016. Applications received after the close of the second application cycle will be considered in the subsequent application cycle. All applications received prior to October 1, 2015, will be evaluated under 7 CFR part 4279, subpart B, published in the Federal Register on June 24, 2015. ADDRESSES: Applications and forms may be obtained from: • USDA, Rural Business-Cooperative Service, Energy Division, Attention: Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program, 1400 Independence Avenue SW., STOP 3225, Washington, DC 20250–3225. • Agency Web site: https:// forms.sc.egov.usda.gov/eForms. Follow instructions for obtaining the application and forms. Application materials can also be obtained from the Agency’s Web site. https:// www.rd.usda.gov/programs-services/ biorefinery-assistance-program. FOR FURTHER INFORMATION CONTACT: Todd Hubbell, Rural BusinessCooperative Service, Energy Division, Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program, USDA, 1400 Independence Avenue SW., Mail Stop 3225, Washington, DC 20250–3225. Telephone: 202–690–2516. Email: Todd.Hubbell@wdc.usda.gov. SUPPLEMENTARY INFORMATION: Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995, the information collection requirements associated with the Program, as covered in this Notice, have been submitted to the Office of Management Budget (OMB) under OMB Control Number 0570–0065, for OMB approval. Overview Federal Agency Name: Rural Business-Cooperative Service (an Agency of USDA in the Rural Development mission area). Solicitation Opportunity Title: Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program. Announcement Type: Notice of Solicitation of Applications. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Catalog of Federal Domestic Assistance (CFDA) Number: The CFDA number for this Notice is 10.865. Dates: To receive Program funds for the first application cycle, applications must be received in the USDA Rural Business-Cooperative Service, Energy Division no later than 4:30 p.m. Eastern Daylight Time on October 1, 2015, to compete for program funds. To receive Program funds for the second application cycle, applications must be received in the USDA Rural BusinessCooperative Service, Energy Division no later than 4:30 p.m. Eastern Daylight Time on April 1, 2016. Any application received after 4:30 p.m. Eastern Daylight Time on April 1, 2016, will be considered for the subsequent application cycle for the Program. Availability of Notice and Rule: This Notice and the interim rule for the Program are available on the USDA Rural Development Web site at https:// www.rd.usda.gov/programs-services/ biorefinery-assistance-program and at https://www.rd.usda.gov/newsroom. I. Funding Opportunity Description A. Purpose of the Program. The purpose of the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Program is to assist in the development of new and emerging technologies for the development of Advanced Biofuels, Renewable Chemicals, and Biobased Product Manufacturing. This is achieved through guarantees for loans made to fund the development, construction, and Retrofitting of Commercial Scale biorefineries using Eligible Technology and of Biobased Product Manufacturing facilities that use Technologically New Commercial Scale processing and manufacturing equipment and required facilities to convert Renewable Chemicals and other biobased outputs of biorefineries into end-user products on a Commercial Scale. B. Statutory Authority. This Program is authorized under 7 U.S.C. 8103. 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 and 7 CFR 4287.302. D. Application Awards. The Agency will review, evaluate, score, and award applications received in response to this Notice based on the provisions found in 7 CFR part 4279, subpart C and as indicated in this Notice. II. Award Information A. Available Funds. This Notice is a solicitation for applications that will be E:\FR\FM\06JYN1.SGM 06JYN1 Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices funded using budget authority provided by the Agricultural Act of 2014 (2014 Farm Bill) and available under current law. Of the funds available, the 2014 Farm Bill provided for up to 15 percent of the mandatory funds for fiscal years 2014 and 2015 to promote Biobased Product Manufacturing. B. Type of Award. Guaranteed loan. D. Guarantee Loan Funding. The provisions of 7 CFR 4279.232 apply to this Notice. The Borrower needs to provide the remaining funds from other non-Federal sources to complete the Project. E. Guarantee and Annual Renewal Fees. The guarantee and Annual Renewal Fees specified in 7 CFR 4279.231 are applicable to this Notice. F. Anticipated Award Date. The award date will vary based on timing of completion of each Project’s individual application process. Lhorne on DSK7TPTVN1PROD with NOTICES III. Eligibility Information A. Eligible Lenders. To be eligible for this Program, Lenders must meet the eligibility requirements in 7 CFR 4279.208. B. Eligible Borrowers. To be eligible for this Program, Borrowers must meet the eligibility requirements in 7 CFR 4279.209. C. Eligible Projects. To be eligible for this Program, Projects must meet the eligibility requirements in 7 CFR 4279.210. D. Application Completeness. Incomplete Phase 1 applications will be rejected and the Project will be given no further consideration. Lenders will be informed of the elements that made the application incomplete. If the Lender makes the required edits and resubmits the application to the USDA’s Rural Business-Cooperative Service, Energy Division by 4:30 p.m. Eastern Daylight Time, on the closing date, the Agency will reconsider the application. IV. Application Submission Information A. Letter of Intent. For each guarantee request, the Lender or the Borrower must submit to the Agency a nonbinding letter of intent to apply for a loan guarantee not less than 30 calendar days prior to the application deadline. The letter must conform to 7 CFR 4279.260. The purpose of the letter of intent is to notify the Agency approximately how many applications will need to be reviewed, so that Agency resources can be organized to adequately and expeditiously review all applications. The Agency reserves the right to request additional information from potential applicants. Applications that do not submit a letter of intent VerDate Sep<11>2014 14:37 Jul 02, 2015 Jkt 235001 within 30 days of the application deadline will not be accepted by the Agency in that particular application cycle. B. Applications. For each guarantee request, the Lender must submit to the Agency an application in conformance with 7 CFR 4279.261. Phase 1 applications will provide information to determine Lender, Borrower, and Project eligibility; preliminary economic and technical feasibility; and the priority score of the application. Based on the priority score ranking, the Agency will invite applicants whose Phase 1 applications receive higher priority scores to submit Phase 2 applications. Phase 2 application materials will be submitted as the Project planning and engineering is finalized and will include information such as: An environmental report, technical report, financial model, and the Lender’s credit evaluation. The information required in both phases of the application process is detailed in the Agency’s Application Guide. C. Content and Form of Submission. All applicants must submit one paper copy of the application materials and an electronic copy containing the same information that is included in the paper copy. Detailed instructions regarding application submission are explained in the Application Guide that the Agency has developed. The Application Guide is available online at https://www.rd.usda.gov/programsservices/biorefinery-assistance-program or by contacting Todd Hubbell, Telephone: 202–690–2516. Email: Todd.Hubbell@wdc.usda.gov. D. Application Submittal. Application materials must be submitted to USDA Rural Business-Cooperative Service, Energy Division, Attention: Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program, 1400 Independence Avenue SW., STOP 3225, Washington, DC 20250–3225. V. Biobased Product Manufacturing This Notice also announces the solicitation of applications for funds available under the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program to specifically fund Biobased Product Manufacturing. The 2014 Farm Bill added Biobased Product Manufacturing to the Program and provided for up to 15 percent of the mandatory funds for fiscal years 2014 and 2015 to be used to support facilities producing Biobased Products for end use. The 2014 Farm Bill provides the definition of ‘‘Biobased Product Manufacturing,’’ which the Agency has PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 38433 incorporated into the subsequent interim rule (see 7 CFR 4279.202). This definition requires that the Biobased Product Manufacturing facility use Renewable Chemicals and/or other biobased outputs of biorefineries as inputs and also requires that the Borrower use Technologically New Commercial Scale processing and manufacturing equipment and required facilities. The facility must produce end-user products. A. Biobased Product Manufacturing Eligibility Information. The eligibility requirements for prospective Lenders and Borrowers are the same as those listed in Sections III.A and III.B of this Notice. For Biobased Product Manufacturing Projects, the Eligible Project requirement is modified to reflect that eligible Projects must use Technologically New Commercial Scale processing and manufacturing equipment and must convert Renewable Chemicals and other biobased outputs of biorefineries into end-user products on a Commercial Scale. B. Biobased Product Manufacturing Application Processing Procedures. The application processing procedures for Biobased Product Manufacturing Projects as the same as identified in Section III.D and Section IV in this Notice. C. Biobased Product Manufacturing Scoring. In lieu of the criteria listed in 7 CFR 4279.266, Biobased Product Manufacturing Projects will be scored using the criteria listed below: (a) Whether the Borrower has established a market for the manufactured Biobased Product, as applicable. A maximum of 16 points can be awarded. Points to be awarded will be determined as follows: (1) Degree of commitment of contracted sales agreements. A maximum of 6 points will be awarded. (i) If the Borrower has signed contracts for purchase for greater than 50 percent of the dollar value of manufactured Biobased Product, 6 points will be awarded. (ii) If the Borrower has signed letters of intent to enter into contracted sales agreements, or comparable documentation, for the purchase for greater than 50 percent of the dollar value of the manufactured Biobased Product, or combination of signed contracts or agreements and letters of intent or comparable documentation, 4 points will be awarded. (iii) If the Borrower has signed letters of interest to enter into contracted sales agreements, or comparable documentation, for the purchase for greater than 50 percent of the dollar value of the manufactured Biobased E:\FR\FM\06JYN1.SGM 06JYN1 Lhorne on DSK7TPTVN1PROD with NOTICES 38434 Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices Product, or combination of signed contracts, letters of intent or comparable documentation, 2 points will be awarded. (2) Duration of contracted sales agreements. A maximum of 6 points will be awarded. (i) If the Borrower commits to enter into contracted sales agreements prior to loan closing for purchase for greater than or equal to 50 percent of the dollar value of manufactured Biobased Product for the period not less than the loan term, 6 points will be awarded. (ii) If the Borrower commits to enter into contracted sales agreements prior to loan closing for purchase for greater than or equal to 50 percent of the dollar value of the manufactured Biobased Product for the period not less than 5 years but less than the term of the loan, 4 points will be awarded. (iii) If the Borrower commits to enter into contracted sales agreements prior to loan closing for purchase for greater than or equal to 50 percent of the dollar value of the manufactured Biobased Product for the period not less than 1 year but less than 5 years, 2 points will be awarded. (3) Financial strength of the contracted sales agreement counterparty. A maximum of 4 points will be awarded. (i) If the Borrower commits to enter into contracted sales agreements prior to loan closing for purchase for greater than or equal to 50 percent of the dollar value of the manufactured Biobased Product with a counterparty with a corporate credit rating not less than AA, Aa2, or equivalent, 4 points will be awarded. (ii) If the Borrower commits to enter into contracted sales agreements prior to loan closing for purchase for greater than or equal to 50 percent of the dollar value of the manufactured Biobased Product with a counterparty with a corporate credit rating less than AA, Aa2, or equivalent, but not less than A¥, or A3, or equivalent, 2 points will be awarded. (iii) If the Borrower commits to enter into contracted sales agreements prior to loan closing for purchase for greater than or equal to 50 percent of the dollar value of the manufactured Biobased Product with a counterparty with a corporate credit rating less than A¥, or A3, or equivalent, but not less than BBB¥, or Baa3, or equivalent, 1 point will be awarded. (b) Whether the area in which the Borrower proposes to place the Project, defined as the area that will supply the Renewable Chemicals and other biobased outputs of biorefineries to the proposed Project, has any other similar VerDate Sep<11>2014 14:37 Jul 02, 2015 Jkt 235001 facilities. A maximum of 5 points can be awarded. Points to be awarded will be determined as follows: (1) If the area that will supply the Renewable Chemicals and other biobased outputs of biorefineries to the proposed Project does not have any other similar facilities, 5 points will be awarded. (2) If there are other similar facilities located within the area that will supply the Renewable Chemicals and other biobased outputs of biorefineries to the proposed Project, 0 points will be awarded. (c) Whether the Borrower is proposing to use Renewable Chemicals and other biobased outputs of biorefineries not previously used in the Biobased Product Manufacturing. A maximum of 10 points can be awarded. Points to be awarded will be determined as follows: (1) If the Borrower proposes to use Renewable Chemicals and other biobased outputs of biorefineries previously used in the manufacture of a Biobased Product in a commercial facility, 0 points will be awarded. (2) If the Borrower proposes to use Renewable Chemicals and other biobased outputs of biorefineries not previously used in the manufacture of a Biobased Product in a commercial facility, 10 points will be awarded. (d) Whether the Borrower is proposing to work with producer associations or cooperatives. A maximum of 5 points can be awarded. Points to be awarded will be determined as follows: (1) If at least 50 percent of the dollar value of Renewable Chemicals and other biobased outputs of biorefineries to be used by the proposed Project will be supplied by producer associations and cooperatives or biorefineries supplied by producer associations and cooperatives, 5 points will be awarded. (2) If at least 30 percent of the dollar value of Renewable Chemicals and other biobased outputs of biorefineries to be used by the proposed Project will be supplied by producer associations and cooperatives or biorefineries supplied by producer associations and cooperatives, 3 points will be awarded. (e) The level of financial participation by the Borrower, including support from non-Federal Government sources and private sources. A maximum of 20 points can be awarded. Points to be awarded will be determined as follows: (1) If the sum of the loan amount requested and other direct Federal funding is less than or equal to 50 percent of total Eligible Project Costs, 20 points will be awarded. (2) If the sum of the loan amount requested and other direct Federal PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 funding is greater than 50 percent but less than or equal to 55 percent of total Eligible Project Costs, 16 points will be awarded. (3) If the sum of the loan amount requested and other direct Federal funding is greater than 55 percent but less than or equal to 60 percent of total Eligible Project Costs, 12 points will be awarded. (4) If the sum of the loan amount and other direct Federal funding is greater than 60 percent but less than or equal to 65 percent of total Eligible Project Costs, 8 points will be awarded. (5) If the sum of the loan amount and other direct Federal funding is greater than 65 percent but less than or equal to 70 percent of total Eligible Project Costs, 4 points will be awarded. (f) Whether the Borrower has established that the adoption of the manufacturing process proposed in the application will have a positive effect on three impact areas: Resource conservation (e.g., water, soil, forest), public health (e.g., potable water, air quality), and the environment (e.g., compliance with an applicable renewable fuel standard, greenhouse gases, emissions, particulate matter). A maximum of 10 points can be awarded. Based on what the Borrower has provided in either the application or the Feasibility Study, points to be awarded will be determined as follows: (1) If process adoption will have a positive impact on any one of the three impact areas (resource conservation, public health, or the environment), 3 points will be awarded. (2) If process adoption will have a positive impact on two of the three impact areas, 6 points will be awarded. (3) If process adoption will have a positive impact on all three impact areas, 10 points will be awarded. (g) Whether the Borrower can establish that, if adopted, the technology proposed in the application will not have any economically significant negative impacts on existing manufacturing plants or other facilities that use Renewable Chemicals and other biobased outputs of biorefineries. A maximum of 5 points can be awarded. Points to be awarded will be determined as follows: (1) If the Borrower has failed to establish, through an independent thirdparty Feasibility Study, that the production technology proposed in the application, if adopted, will not have any economically significant negative impacts on existing manufacturing plants or other facilities that use similar Renewable Chemicals and other biobased outputs of biorefineries, 0 points will be awarded. E:\FR\FM\06JYN1.SGM 06JYN1 Lhorne on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices (2) If the Borrower has established, through an independent third-party Feasibility Study, that the production technology proposed in the application, if adopted, will not have any economically significant negative impacts on existing manufacturing plants or other facilities that use Renewable Chemicals and other biobased outputs of biorefineries, 5 points will be awarded. (h) The potential for Rural economic development. A maximum of 10 points will be awarded. Points to be awarded will be determined as follows: (1) If the Project is located in a Rural Area, 5 points will be awarded. (2) If the Project creates jobs through direct employment with an average wage that exceeds the county median household wages where the Project will be located, 5 points will be awarded. (i) The level of local ownership of the facility proposed in the application. 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.’’ A maximum of 5 points can be awarded. Points to be awarded will be determined as follows: (1) If Local Owners have an ownership interest in the facility of more than 20 percent but less than or equal to 50 percent, 3 points will be awarded. (2) If Local Owners have an ownership interest in the facility of more than 50 percent, 5 points will be awarded. (j) Whether the Project can be replicated. A maximum of 10 points can be awarded. Points to be awarded will be determined as follows: (1) If the Project can be commercially replicated regionally (e.g., Northeast, Southwest, etc.), 5 points will be awarded. (2) If the Project can be commercially replicated nationally, 10 points will be awarded. (k) If the Project uses a particular technology, system, or process that is not currently operating at Commercial Scale as of October 1 of the fiscal year for which the funding is available (October 1, 2014 for the first application cycle which deadline is October 5, 2015, and as of October 1, 2015 for the applications submitted for cycles ending October 1, 2015 and April 1, 2016, 5 points will be awarded. (l) The Administrator can award up to a maximum of 10 bonus points: (1) To ensure, to the extent practical, there is diversity in the types of Projects approved for loan guarantees to ensure VerDate Sep<11>2014 14:37 Jul 02, 2015 Jkt 235001 a wide a range as possible technologies, products, and approaches are assisted in the program portfolio; and (2) To applications that promote partnerships and other activities that assist in the development of new and emerging technologies for the development of Renewable Chemicals and other biobased outputs of biorefineries, so as to, as applicable, promote resource conservation, public health, and the environment; diversify markets for agricultural and forestry products and agriculture waste material; and create jobs and enhance the economic development of the Rural economy. No additional information regarding partnerships is detailed in this Notice. VI. General Program Information A. Loan Origination. Lenders seeking a loan guarantee under this Notice must comply with the all of the provisions found in 7 CFR 4279, subpart C. B. Loan Processing. The Agency will process loans guaranteed under this Notice in accordance with the provisions specified in 7 CFR 4279.260 through 4279.290. 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. The Agency will evaluate each application received in the USDA Rural Business-Cooperative Service, Energy Division, select Phase 1 applications in accordance with 7 CFR 4279.267 to invite submittal of Phase 2 applications, and will make awards using the provisions specified in 7 CFR 4279.278. 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 4287.399. VII. Administration Information A. Notifications. The Agency will notify, in writing, Lenders whose Phase 1 applications have scored highest and will invite them to submit Phase 2 applications. If the Agency determines it is unable to guarantee any particular 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 4279.204. 2. Exception Authority. The provisions specified in 7 CFR 4279.203 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 38435 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, subpart G, that all proposals shall be reviewed as a Class II Environmental Assessment. 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. Environmental Assessments for Projects that score high enough will be submitted during the Phase 2 application process and must be conducted in accordance with 7 CFR part 1940, subpart G. Guidelines for preparing the Environmental Assessment are available by reviewing 7 CFR part 1940, subpart G and by reviewing the Application Guide, available on the Agency’s Web site. https://www.rd.usda.gov/programsservices/biorefinery-assistance-program. Applicants are reminded that this program is governed by 7 CFR part 1940, subpart G or successor regulation. VIII. Agency Contacts For general questions about this Notice, please contact Todd Hubbell, Rural Business–Cooperative Service, Energy Division, Biorefinery Assistance Program, U.S. Department of Agriculture, 1400 Independence Avenue SW., Mail Stop 3225, Washington, DC 20250–3225. Telephone: 202–690–2516. Email: Todd.Hubbell@wdc.usda.gov. Nondiscrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual’s income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.) 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 E:\FR\FM\06JYN1.SGM 06JYN1 38436 Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices (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 either an EEO or program complaint please contact USDA through the Federal Relay Service at (800) 877–8339 or (800) 845– 6136 (in Spanish). Persons with disabilities, who wish to file a program complaint, please see information above on how to contact us by mail directly or by email. If you require alternative means of communication for program information (e.g., Braille, large print, audiotape, etc.) please contact USDA’s TARGET Center at (202) 720–2600 (voice and TDD). Dated: June 29, 2015. Samuel Rikkers, Acting Administrator, Rural BusinessCooperative Service. [FR Doc. 2015–16480 Filed 7–2–15; 8:45 am] BILLING CODE 3410–XY–P DEPARTMENT OF COMMERCE International Trade Administration [Application No. 14–1A004] Export Trade Certificate of Review Notice of application to amend the Export Trade Certificate of Review issued to DFA of California, Application no. 14–1A004. ACTION: The Office of Trade and Economic Analysis (‘‘OTEA’’) of the International Trade Administration, Department of Commerce, has received an application to amend an Export Trade Certificate of Review (‘‘Certificate’’). This notice summarizes the proposed amendment and requests comments relevant to whether the amended Certificate should be issued. FOR FURTHER INFORMATION CONTACT: Joseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration, (202) 482–5131 (this is not a toll-free number) or email at etca@trade.gov. SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001–21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the Lhorne on DSK7TPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 14:37 Jul 02, 2015 Jkt 235001 holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. The regulations implementing Title III are found at 15 CFR part 325 (2015). Section 302(b)(1) of the Export Trading Company Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a notice in the Federal Register summarizing the application. Under 15 CFR 325.6(a), interested parties may, within twenty days after the date of this notice, submit written comments to the Secretary on the application. Request for Public Comments Interested parties may submit written comments relevant to the determination whether an amended Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a nonconfidential version of the comments (identified as such) should be included. Any information not marked as privileged or confidential business information will be deemed to be nonconfidential. An original and five (5) copies, plus two (2) copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Export Trading Company Affairs, International Trade Administration, U.S. Department of Commerce, Room 21028, Washington, DC 20230. Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the amended Certificate. Comments should refer to this application as ‘‘Export Trade Certificate of Review, application number 14–1A004.’’ Summary of the Application Applicant: DFA of California, 710 Striker Avenue, Sacramento, CA 95834. Contact: Matthew Krehe, Senior Manager with Gilbert Associates, Inc., (916) 646–6464. Application No.: 14–1A004. Date Deemed Submitted: June 19, 2015. Proposed Amendment: DFA of California (‘‘DFA’’) seeks to amend its Certificate to add the following six companies as Members of DFA’s Certificate: 1. CAPEX (Corning, CA) PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 2. C R Crain and Sons, Inc. (Los Molinos, CA) 3. Fig Garden Packing, Inc. (Fresno, CA) 4. RPC Packing Inc. (Porterville, CA) 5. Sun-Maid Growers of California (Kingsburg, CA) 6. Taylor Brothers Farms, Inc. (Yuba City, CA) DFA’s proposed amendment of its Export Trade Certificate of Review would result in the following companies as Members under the Certificate: 1. Alpine Pacific Nut Company (Hughson, CA) 2. Andersen & Sons Shelling (Vina, CA) 3. Avanti Nut Company, Inc. (Stockton, CA) 4. Berberian Nut Company, LLC (Chico, CA) 5. CAPEX (Corning, CA) 6. Carriere Family Farms, Inc. (Glenn, CA) 7. Continente Nut LLC (Oakley, CA) 8. Crain Walnut Shelling, Inc. (Los Molinos, CA) 9. C R Crain and Sons, Inc. (Los Molinos, CA) 10. Crisp California Walnuts (Stratford, CA) 11. Diamond Foods, Inc. (Stockton, CA) 12. Empire Nut Company (Colusa, CA) 13. Fig Garden Packing, Inc. (Fresno, CA) 14. Gold River Orchards, Inc. (Escalon, CA) 15. Grower Direct Nut Company (Hughson, CA) 16. GSF Nut Company (Orosi, CA) 17. Guerra Nut Shelling Company (Hollister, CA) 18. Hill View Packing Company Inc. (Gustine, CA) 19. Linden Nut Company (Linden, CA) 20. Mariani Nut Company (Winters, CA) 21. Mariani Packing Company, Inc. (Vacaville, CA) 22. Mid Valley Nut Company Inc. (Hughson, CA) 23. National Raisin Company (Fowler, CA) 24. Poindexter Nut Company (Selma, CA) 25. Prima Noce Packing (Linden, CA) 26. RPC Packing Inc. (Porterville, CA) 27. Sacramento Packing, Inc. (Yuba City, CA) 28. Sacramento Valley Walnut Growers, Inc. (Yuba City, CA) 29. San Joaquin Figs, Inc. (Fresno, CA) 30. Shoei Foods USA, Inc. (Olivehurst, CA) 31. Stapleton-Spence Packing (Gridley, CA) 32. Sun-Maid Growers of California (Kingsburg, CA) 33. Sunsweet Growers Inc. (Yuba City, CA) 34. Taylor Brothers Farms, Inc. (Yuba City, CA) E:\FR\FM\06JYN1.SGM 06JYN1

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[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Pages 38432-38436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16480]


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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service


Notice of Solicitation of Applications for the Biorefinery, 
Renewable Chemical, and Biobased Product Manufacturing Assistance 
Program

AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Notice.

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SUMMARY: This Notice announces the solicitation of applications for 
funds available under the Biorefinery, Renewable Chemical, and Biobased 
Product Manufacturing Assistance Program (the Program), formerly the 
Biorefinery Assistance Program, to provide guaranteed loans to fund the 
development, construction, and Retrofitting of Commercial Scale 
biorefineries using Eligible Technology and of Biobased Product 
Manufacturing facilities that use Technologically New Commercial Scale 
processing and manufacturing equipment to convert Renewable Chemicals 
and other biobased outputs of biorefineries into end-user products, on 
a Commercial Scale.

DATES: With this Notice, the Agency is announcing two separate 
application cycles, which are established in accordance with 7 CFR 
4279.260(b), with application deadlines of October 1, 2015, and April 
1, 2016.
    The first application cycle begins with publication of this Notice 
and extends no later than 4:30 p.m. Eastern Daylight Time, October 1, 
2015. The second application cycle begins at the close of the first 
application cycle and extends no later than 4:30 p.m. Eastern Daylight 
Time, April 1, 2016. Applications received after the close of the 
second application cycle will be considered in the subsequent 
application cycle. All applications received prior to October 1, 2015, 
will be evaluated under 7 CFR part 4279, subpart B, published in the 
Federal Register on June 24, 2015.

ADDRESSES: Applications and forms may be obtained from:
     USDA, Rural Business-Cooperative Service, Energy Division, 
Attention: Biorefinery, Renewable Chemical, and Biobased Product 
Manufacturing Assistance Program, 1400 Independence Avenue SW., STOP 
3225, Washington, DC 20250-3225.
     Agency Web site: https://forms.sc.egov.usda.gov/eForms. 
Follow instructions for obtaining the application and forms. 
Application materials can also be obtained from the Agency's Web site. 
https://www.rd.usda.gov/programs-services/biorefinery-assistance-program.

FOR FURTHER INFORMATION CONTACT: Todd Hubbell, Rural Business-
Cooperative Service, Energy Division, Biorefinery, Renewable Chemical, 
and Biobased Product Manufacturing Assistance Program, USDA, 1400 
Independence Avenue SW., Mail Stop 3225, Washington, DC 20250-3225. 
Telephone: 202-690-2516. Email: Todd.Hubbell@wdc.usda.gov.

SUPPLEMENTARY INFORMATION: 

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995, the 
information collection requirements associated with the Program, as 
covered in this Notice, have been submitted to the Office of Management 
Budget (OMB) under OMB Control Number 0570-0065, for OMB approval.

Overview

    Federal Agency Name: Rural Business-Cooperative Service (an Agency 
of USDA in the Rural Development mission area).
    Solicitation Opportunity Title: Biorefinery, Renewable Chemical, 
and Biobased Product Manufacturing Assistance Program.
    Announcement Type: Notice of Solicitation of Applications.
    Catalog of Federal Domestic Assistance (CFDA) Number: The CFDA 
number for this Notice is 10.865.
    Dates: To receive Program funds for the first application cycle, 
applications must be received in the USDA Rural Business-Cooperative 
Service, Energy Division no later than 4:30 p.m. Eastern Daylight Time 
on October 1, 2015, to compete for program funds. To receive Program 
funds for the second application cycle, applications must be received 
in the USDA Rural Business-Cooperative Service, Energy Division no 
later than 4:30 p.m. Eastern Daylight Time on April 1, 2016. Any 
application received after 4:30 p.m. Eastern Daylight Time on April 1, 
2016, will be considered for the subsequent application cycle for the 
Program.
    Availability of Notice and Rule: This Notice and the interim rule 
for the Program are available on the USDA Rural Development Web site at 
https://www.rd.usda.gov/programs-services/biorefinery-assistance-program 
and at https://www.rd.usda.gov/newsroom.

I. Funding Opportunity Description

    A. Purpose of the Program. The purpose of the Biorefinery, 
Renewable Chemical, and Biobased Product Manufacturing Program is to 
assist in the development of new and emerging technologies for the 
development of Advanced Biofuels, Renewable Chemicals, and Biobased 
Product Manufacturing. This is achieved through guarantees for loans 
made to fund the development, construction, and Retrofitting of 
Commercial Scale biorefineries using Eligible Technology and of 
Biobased Product Manufacturing facilities that use Technologically New 
Commercial Scale processing and manufacturing equipment and required 
facilities to convert Renewable Chemicals and other biobased outputs of 
biorefineries into end-user products on a Commercial Scale.
    B. Statutory Authority. This Program is authorized under 7 U.S.C. 
8103. 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 and 7 CFR 4287.302.
    D. Application Awards. The Agency will review, evaluate, score, and 
award applications received in response to this Notice based on the 
provisions found in 7 CFR part 4279, subpart C and as indicated in this 
Notice.

II. Award Information

    A. Available Funds. This Notice is a solicitation for applications 
that will be

[[Page 38433]]

funded using budget authority provided by the Agricultural Act of 2014 
(2014 Farm Bill) and available under current law. Of the funds 
available, the 2014 Farm Bill provided for up to 15 percent of the 
mandatory funds for fiscal years 2014 and 2015 to promote Biobased 
Product Manufacturing.
    B. Type of Award. Guaranteed loan.
    D. Guarantee Loan Funding. The provisions of 7 CFR 4279.232 apply 
to this Notice. The Borrower needs to provide the remaining funds from 
other non-Federal sources to complete the Project.
    E. Guarantee and Annual Renewal Fees. The guarantee and Annual 
Renewal Fees specified in 7 CFR 4279.231 are applicable to this Notice.
    F. Anticipated Award Date. The award date will vary based on timing 
of completion of each Project's individual application process.

III. Eligibility Information

    A. Eligible Lenders. To be eligible for this Program, Lenders must 
meet the eligibility requirements in 7 CFR 4279.208.
    B. Eligible Borrowers. To be eligible for this Program, Borrowers 
must meet the eligibility requirements in 7 CFR 4279.209.
    C. Eligible Projects. To be eligible for this Program, Projects 
must meet the eligibility requirements in 7 CFR 4279.210.
    D. Application Completeness. Incomplete Phase 1 applications will 
be rejected and the Project will be given no further consideration. 
Lenders will be informed of the elements that made the application 
incomplete. If the Lender makes the required edits and resubmits the 
application to the USDA's Rural Business-Cooperative Service, Energy 
Division by 4:30 p.m. Eastern Daylight Time, on the closing date, the 
Agency will reconsider the application.

IV. Application Submission Information

    A. Letter of Intent. For each guarantee request, the Lender or the 
Borrower must submit to the Agency a non-binding letter of intent to 
apply for a loan guarantee not less than 30 calendar days prior to the 
application deadline. The letter must conform to 7 CFR 4279.260. The 
purpose of the letter of intent is to notify the Agency approximately 
how many applications will need to be reviewed, so that Agency 
resources can be organized to adequately and expeditiously review all 
applications. The Agency reserves the right to request additional 
information from potential applicants. Applications that do not submit 
a letter of intent within 30 days of the application deadline will not 
be accepted by the Agency in that particular application cycle.
    B. Applications. For each guarantee request, the Lender must submit 
to the Agency an application in conformance with 7 CFR 4279.261. Phase 
1 applications will provide information to determine Lender, Borrower, 
and Project eligibility; preliminary economic and technical 
feasibility; and the priority score of the application. Based on the 
priority score ranking, the Agency will invite applicants whose Phase 1 
applications receive higher priority scores to submit Phase 2 
applications. Phase 2 application materials will be submitted as the 
Project planning and engineering is finalized and will include 
information such as: An environmental report, technical report, 
financial model, and the Lender's credit evaluation. The information 
required in both phases of the application process is detailed in the 
Agency's Application Guide.
    C. Content and Form of Submission. All applicants must submit one 
paper copy of the application materials and an electronic copy 
containing the same information that is included in the paper copy. 
Detailed instructions regarding application submission are explained in 
the Application Guide that the Agency has developed. The Application 
Guide is available online at https://www.rd.usda.gov/programs-services/biorefinery-assistance-program or by contacting Todd Hubbell, 
Telephone: 202-690-2516. Email: Todd.Hubbell@wdc.usda.gov.
    D. Application Submittal. Application materials must be submitted 
to USDA Rural Business-Cooperative Service, Energy Division, Attention: 
Biorefinery, Renewable Chemical, and Biobased Product Manufacturing 
Assistance Program, 1400 Independence Avenue SW., STOP 3225, 
Washington, DC 20250-3225.

V. Biobased Product Manufacturing

    This Notice also announces the solicitation of applications for 
funds available under the Biorefinery, Renewable Chemical, and Biobased 
Product Manufacturing Assistance Program to specifically fund Biobased 
Product Manufacturing. The 2014 Farm Bill added Biobased Product 
Manufacturing to the Program and provided for up to 15 percent of the 
mandatory funds for fiscal years 2014 and 2015 to be used to support 
facilities producing Biobased Products for end use. The 2014 Farm Bill 
provides the definition of ``Biobased Product Manufacturing,'' which 
the Agency has incorporated into the subsequent interim rule (see 7 CFR 
4279.202). This definition requires that the Biobased Product 
Manufacturing facility use Renewable Chemicals and/or other biobased 
outputs of biorefineries as inputs and also requires that the Borrower 
use Technologically New Commercial Scale processing and manufacturing 
equipment and required facilities. The facility must produce end-user 
products.
    A. Biobased Product Manufacturing Eligibility Information. The 
eligibility requirements for prospective Lenders and Borrowers are the 
same as those listed in Sections III.A and III.B of this Notice. For 
Biobased Product Manufacturing Projects, the Eligible Project 
requirement is modified to reflect that eligible Projects must use 
Technologically New Commercial Scale processing and manufacturing 
equipment and must convert Renewable Chemicals and other biobased 
outputs of biorefineries into end-user products on a Commercial Scale.
    B. Biobased Product Manufacturing Application Processing 
Procedures. The application processing procedures for Biobased Product 
Manufacturing Projects as the same as identified in Section III.D and 
Section IV in this Notice.
    C. Biobased Product Manufacturing Scoring. In lieu of the criteria 
listed in 7 CFR 4279.266, Biobased Product Manufacturing Projects will 
be scored using the criteria listed below:
    (a) Whether the Borrower has established a market for the 
manufactured Biobased Product, as applicable. A maximum of 16 points 
can be awarded. Points to be awarded will be determined as follows:
    (1) Degree of commitment of contracted sales agreements. A maximum 
of 6 points will be awarded.
    (i) If the Borrower has signed contracts for purchase for greater 
than 50 percent of the dollar value of manufactured Biobased Product, 6 
points will be awarded.
    (ii) If the Borrower has signed letters of intent to enter into 
contracted sales agreements, or comparable documentation, for the 
purchase for greater than 50 percent of the dollar value of the 
manufactured Biobased Product, or combination of signed contracts or 
agreements and letters of intent or comparable documentation, 4 points 
will be awarded.
    (iii) If the Borrower has signed letters of interest to enter into 
contracted sales agreements, or comparable documentation, for the 
purchase for greater than 50 percent of the dollar value of the 
manufactured Biobased

[[Page 38434]]

Product, or combination of signed contracts, letters of intent or 
comparable documentation, 2 points will be awarded.
    (2) Duration of contracted sales agreements. A maximum of 6 points 
will be awarded.
    (i) If the Borrower commits to enter into contracted sales 
agreements prior to loan closing for purchase for greater than or equal 
to 50 percent of the dollar value of manufactured Biobased Product for 
the period not less than the loan term, 6 points will be awarded.
    (ii) If the Borrower commits to enter into contracted sales 
agreements prior to loan closing for purchase for greater than or equal 
to 50 percent of the dollar value of the manufactured Biobased Product 
for the period not less than 5 years but less than the term of the 
loan, 4 points will be awarded.
    (iii) If the Borrower commits to enter into contracted sales 
agreements prior to loan closing for purchase for greater than or equal 
to 50 percent of the dollar value of the manufactured Biobased Product 
for the period not less than 1 year but less than 5 years, 2 points 
will be awarded.
    (3) Financial strength of the contracted sales agreement 
counterparty. A maximum of 4 points will be awarded.
    (i) If the Borrower commits to enter into contracted sales 
agreements prior to loan closing for purchase for greater than or equal 
to 50 percent of the dollar value of the manufactured Biobased Product 
with a counterparty with a corporate credit rating not less than AA, 
Aa2, or equivalent, 4 points will be awarded.
    (ii) If the Borrower commits to enter into contracted sales 
agreements prior to loan closing for purchase for greater than or equal 
to 50 percent of the dollar value of the manufactured Biobased Product 
with a counterparty with a corporate credit rating less than AA, Aa2, 
or equivalent, but not less than A-, or A3, or equivalent, 2 points 
will be awarded.
    (iii) If the Borrower commits to enter into contracted sales 
agreements prior to loan closing for purchase for greater than or equal 
to 50 percent of the dollar value of the manufactured Biobased Product 
with a counterparty with a corporate credit rating less than A-, or A3, 
or equivalent, but not less than BBB-, or Baa3, or equivalent, 1 point 
will be awarded.
    (b) Whether the area in which the Borrower proposes to place the 
Project, defined as the area that will supply the Renewable Chemicals 
and other biobased outputs of biorefineries to the proposed Project, 
has any other similar facilities. A maximum of 5 points can be awarded. 
Points to be awarded will be determined as follows:
    (1) If the area that will supply the Renewable Chemicals and other 
biobased outputs of biorefineries to the proposed Project does not have 
any other similar facilities, 5 points will be awarded.
    (2) If there are other similar facilities located within the area 
that will supply the Renewable Chemicals and other biobased outputs of 
biorefineries to the proposed Project, 0 points will be awarded.
    (c) Whether the Borrower is proposing to use Renewable Chemicals 
and other biobased outputs of biorefineries not previously used in the 
Biobased Product Manufacturing. A maximum of 10 points can be awarded. 
Points to be awarded will be determined as follows:
    (1) If the Borrower proposes to use Renewable Chemicals and other 
biobased outputs of biorefineries previously used in the manufacture of 
a Biobased Product in a commercial facility, 0 points will be awarded.
    (2) If the Borrower proposes to use Renewable Chemicals and other 
biobased outputs of biorefineries not previously used in the 
manufacture of a Biobased Product in a commercial facility, 10 points 
will be awarded.
    (d) Whether the Borrower is proposing to work with producer 
associations or cooperatives. A maximum of 5 points can be awarded. 
Points to be awarded will be determined as follows:
    (1) If at least 50 percent of the dollar value of Renewable 
Chemicals and other biobased outputs of biorefineries to be used by the 
proposed Project will be supplied by producer associations and 
cooperatives or biorefineries supplied by producer associations and 
cooperatives, 5 points will be awarded.
    (2) If at least 30 percent of the dollar value of Renewable 
Chemicals and other biobased outputs of biorefineries to be used by the 
proposed Project will be supplied by producer associations and 
cooperatives or biorefineries supplied by producer associations and 
cooperatives, 3 points will be awarded.
    (e) The level of financial participation by the Borrower, including 
support from non-Federal Government sources and private sources. A 
maximum of 20 points can be awarded. Points to be awarded will be 
determined as follows:
    (1) If the sum of the loan amount requested and other direct 
Federal funding is less than or equal to 50 percent of total Eligible 
Project Costs, 20 points will be awarded.
    (2) If the sum of the loan amount requested and other direct 
Federal funding is greater than 50 percent but less than or equal to 55 
percent of total Eligible Project Costs, 16 points will be awarded.
    (3) If the sum of the loan amount requested and other direct 
Federal funding is greater than 55 percent but less than or equal to 60 
percent of total Eligible Project Costs, 12 points will be awarded.
    (4) If the sum of the loan amount and other direct Federal funding 
is greater than 60 percent but less than or equal to 65 percent of 
total Eligible Project Costs, 8 points will be awarded.
    (5) If the sum of the loan amount and other direct Federal funding 
is greater than 65 percent but less than or equal to 70 percent of 
total Eligible Project Costs, 4 points will be awarded.
    (f) Whether the Borrower has established that the adoption of the 
manufacturing process proposed in the application will have a positive 
effect on three impact areas: Resource conservation (e.g., water, soil, 
forest), public health (e.g., potable water, air quality), and the 
environment (e.g., compliance with an applicable renewable fuel 
standard, greenhouse gases, emissions, particulate matter). A maximum 
of 10 points can be awarded. Based on what the Borrower has provided in 
either the application or the Feasibility Study, points to be awarded 
will be determined as follows:
    (1) If process adoption will have a positive impact on any one of 
the three impact areas (resource conservation, public health, or the 
environment), 3 points will be awarded.
    (2) If process adoption will have a positive impact on two of the 
three impact areas, 6 points will be awarded.
    (3) If process adoption will have a positive impact on all three 
impact areas, 10 points will be awarded.
    (g) Whether the Borrower can establish that, if adopted, the 
technology proposed in the application will not have any economically 
significant negative impacts on existing manufacturing plants or other 
facilities that use Renewable Chemicals and other biobased outputs of 
biorefineries. A maximum of 5 points can be awarded. Points to be 
awarded will be determined as follows:
    (1) If the Borrower has failed to establish, through an independent 
third-party Feasibility Study, that the production technology proposed 
in the application, if adopted, will not have any economically 
significant negative impacts on existing manufacturing plants or other 
facilities that use similar Renewable Chemicals and other biobased 
outputs of biorefineries, 0 points will be awarded.

[[Page 38435]]

    (2) If the Borrower has established, through an independent third-
party Feasibility Study, that the production technology proposed in the 
application, if adopted, will not have any economically significant 
negative impacts on existing manufacturing plants or other facilities 
that use Renewable Chemicals and other biobased outputs of 
biorefineries, 5 points will be awarded.
    (h) The potential for Rural economic development. A maximum of 10 
points will be awarded. Points to be awarded will be determined as 
follows:
    (1) If the Project is located in a Rural Area, 5 points will be 
awarded.
    (2) If the Project creates jobs through direct employment with an 
average wage that exceeds the county median household wages where the 
Project will be located, 5 points will be awarded.
    (i) The level of local ownership of the facility proposed in the 
application. 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.'' A maximum of 5 points can be awarded. Points to be 
awarded will be determined as follows:
    (1) If Local Owners have an ownership interest in the facility of 
more than 20 percent but less than or equal to 50 percent, 3 points 
will be awarded.
    (2) If Local Owners have an ownership interest in the facility of 
more than 50 percent, 5 points will be awarded.
    (j) Whether the Project can be replicated. A maximum of 10 points 
can be awarded. Points to be awarded will be determined as follows:
    (1) If the Project can be commercially replicated regionally (e.g., 
Northeast, Southwest, etc.), 5 points will be awarded.
    (2) If the Project can be commercially replicated nationally, 10 
points will be awarded.
    (k) If the Project uses a particular technology, system, or process 
that is not currently operating at Commercial Scale as of October 1 of 
the fiscal year for which the funding is available (October 1, 2014 for 
the first application cycle which deadline is October 5, 2015, and as 
of October 1, 2015 for the applications submitted for cycles ending 
October 1, 2015 and April 1, 2016, 5 points will be awarded.
    (l) The Administrator can award up to a maximum of 10 bonus points:
    (1) To ensure, to the extent practical, there is diversity in the 
types of Projects approved for loan guarantees to ensure a wide a range 
as possible technologies, products, and approaches are assisted in the 
program portfolio; and
    (2) To applications that promote partnerships and other activities 
that assist in the development of new and emerging technologies for the 
development of Renewable Chemicals and other biobased outputs of 
biorefineries, so as to, as applicable, promote resource conservation, 
public health, and the environment; diversify markets for agricultural 
and forestry products and agriculture waste material; and create jobs 
and enhance the economic development of the Rural economy. No 
additional information regarding partnerships is detailed in this 
Notice.

VI. General Program Information

    A. Loan Origination. Lenders seeking a loan guarantee under this 
Notice must comply with the all of the provisions found in 7 CFR 4279, 
subpart C.
    B. Loan Processing. The Agency will process loans guaranteed under 
this Notice in accordance with the provisions specified in 7 CFR 
4279.260 through 4279.290.
    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. The Agency will evaluate 
each application received in the USDA Rural Business-Cooperative 
Service, Energy Division, select Phase 1 applications in accordance 
with 7 CFR 4279.267 to invite submittal of Phase 2 applications, and 
will make awards using the provisions specified in 7 CFR 4279.278.
    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 4287.399.

VII. Administration Information

    A. Notifications. The Agency will notify, in writing, Lenders whose 
Phase 1 applications have scored highest and will invite them to submit 
Phase 2 applications. If the Agency determines it is unable to 
guarantee any particular 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 4279.204.
    2. Exception Authority. The provisions specified in 7 CFR 4279.203 
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, subpart G, that 
all proposals shall be reviewed as a Class II Environmental Assessment. 
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. 
Environmental Assessments for Projects that score high enough will be 
submitted during the Phase 2 application process and must be conducted 
in accordance with 7 CFR part 1940, subpart G. Guidelines for preparing 
the Environmental Assessment are available by reviewing 7 CFR part 
1940, subpart G and by reviewing the Application Guide, available on 
the Agency's Web site. https://www.rd.usda.gov/programs-services/biorefinery-assistance-program. Applicants are reminded that this 
program is governed by 7 CFR part 1940, subpart G or successor 
regulation.

VIII. Agency Contacts

    For general questions about this Notice, please contact Todd 
Hubbell, Rural Business-Cooperative Service, Energy Division, 
Biorefinery Assistance Program, U.S. Department of Agriculture, 1400 
Independence Avenue SW., Mail Stop 3225, Washington, DC 20250-3225. 
Telephone: 202-690-2516. Email: Todd.Hubbell@wdc.usda.gov.

Nondiscrimination Statement

    The U.S. Department of Agriculture (USDA) prohibits discrimination 
against its customers, employees, and applicants for employment on the 
bases of race, color, national origin, age, disability, sex, gender 
identity, religion, reprisal, and where applicable, political beliefs, 
marital status, familial or parental status, sexual orientation, or all 
or part of an individual's income is derived from any public assistance 
program, or protected genetic information in employment or in any 
program or activity conducted or funded by the Department. (Not all 
prohibited bases will apply to all programs and/or employment 
activities.)
    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

[[Page 38436]]

(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 either an EEO or program complaint 
please contact USDA through the Federal Relay Service at (800) 877-8339 
or (800) 845-6136 (in Spanish).
    Persons with disabilities, who wish to file a program complaint, 
please see information above on how to contact us by mail directly or 
by email. If you require alternative means of communication for program 
information (e.g., Braille, large print, audiotape, etc.) please 
contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    Dated: June 29, 2015.
Samuel Rikkers,
Acting Administrator, Rural Business-Cooperative Service.
[FR Doc. 2015-16480 Filed 7-2-15; 8:45 am]
 BILLING CODE 3410-XY-P
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