[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Notices]
[Pages 13345-13349]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5573]
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DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
Rural Utilities Service
Notice of Contract Proposal (NOCP) for Payments to Eligible
Advanced Biofuel Producers
AGENCY: Rural Business-Cooperative Service and Rural Utilities Service,
USDA.
ACTION: Notice.
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SUMMARY: This Notice announces the acceptance of applications to enter
into Contracts to make payments to eligible advanced biofuel producers
under the Bioenergy Program for Advanced Biofuels to support and ensure
an expanding production of advanced biofuels. To be eligible for
payments, advanced biofuels must be produced from renewable biomass,
excluding corn kernel starch, in a biofuel facility located in a State.
The Notice announces the availability of up to $85 million to make
payments to advanced biofuel producers for the production of eligible
advanced biofuels in Fiscal Year 2011.
DATES: Applications for participating in the Advanced Biofuel Payment
Program for Fiscal Year 2011 will be accepted from March 11, 2011
through May 10, 2011. Applications received after May 10, 2011,
regardless of their postmark, will not be considered for Fiscal Year
2011 funds. If the actual deadline falls on a weekend or a Federally-
observed holiday, the deadline is the next Federal business day.
ADDRESSES: See the SUPPLEMENTARY INFORMATION for addresses concerning
applications for the Advanced Biofuel Payment Program for Fiscal Year
2011 funds.
[[Page 13346]]
FOR FURTHER INFORMATION CONTACT: For information about the Fiscal Year
2011 applications and for Advanced Biofuel Payment Program assistance,
please contact a USDA Rural Development Energy Coordinator, as provided
in the SUPPLEMENTARY INFORMATION section of this Notice, or Diane
Berger, USDA Rural Development, 1400 Independence Avenue, SW, Room
6865, STOP 3225, Washington, DC 20250. Telephone: (202) 260-1508. Fax:
(202) 720-2213. E-mail: diane.berger@wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Fiscal Year 2011 Applications for the Advanced Biofuel Payment Program
Application materials may be obtained by contacting one of Rural
Development's Energy Coordinators. 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 http://fedgov.dnb.com/webform. Submit completed applications to the Rural
Development State Office in the State in which the applicant's
principal place of business is located.
Rural Development Energy Coordinators
Note: Telephone numbers listed are not toll-free.
Alabama
Quinton Harris, USDA Rural Development, Sterling Centre, Suite 601,
4121 Carmichael Road, Montgomery, AL 36106-3683, (334) 279-3623,
Quinton.Harris@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
Alan Watt, USDA Rural Development, 230 North First Avenue, Suite 206,
Phoenix, AZ 85003-1706, (602) 280-8769, Alan.Watt@az.usda.gov.
Arkansas
Tim Smith, USDA Rural Development, 700 West Capitol Avenue, Room 3416,
Little Rock, AR 72201-3225, (501) 301-3280, Tim.Smith@ar.usda.gov.
California
Philip Brown, USDA Rural Development, 430 G Street, 4169,
Davis, CA 95616, (530) 792-5811, Phil.brown@ca.usda.gov.
Colorado
Jerry Tamlin, USDA Rural Development, 655 Parfet Street, Room E-100,
Lakewood, CO 80215, (720) 544-2907, Jerry.Tamlin@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) 857-3626, Bruce.Weaver@de.usda.gov.
Federated States of Micronesia (See Hawaii)
Florida/Virgin Islands
Matthew Wooten, USDA Rural Development, 4440 NW., 25th Place,
Gainesville, FL 32606, (352) 338-3486, Matthew.wooten@fl.usda.gov.
Georgia
J. Craig Scroggs, USDA Rural Development, 111 E. Spring St., Suite B,
Monroe, GA 30655, Phone 770-267-1413 ext. 113,
craig.scroggs@ga.usda.gov.
Guam (See Hawaii)
Hawaii/Guam/Republic of Palau/Federated States of Micronesia/Republic
of the Marshall Islands/American Samoa/Commonwealth of the Northern
Marianas Islands--CNMI
Tim O'Connell, USDA Rural Development, Federal Building, Room 311, 154
Waianuenue Avenue, Hilo, HI 96720, (808) 933-8313,
Tim.Oconnell@hi.usda.gov.
Idaho
Brian Buch, USDA Rural Development, 9173 W. Barnes Drive, Suite A1,
Boise, ID 83709, (208) 378-5623, Brian.Buch@id.usda.gov.
Illinois
Molly Hammond, USDA Rural Development, 2118 West Park Court, Suite A,
Champaign, IL 61821, (217) 403-6210, Molly.Hammond@il.usda.gov.
Indiana
Jerry Hay, USDA Rural Development, 5975 Lakeside Boulevard,
Indianapolis, IN 46278, (812) 873-1100, Jerry.Hay@in.usda.gov.
Iowa
Teresa Bomhoff, USDA Rural Development, 873 Federal Building, 210
Walnut Street, Des Moines, IA 50309, (515) 284-4447,
teresa.bomhoff@ia.usda.gov.
Kansas
David Kramer, USDA Rural Development, 1303 SW First American Place,
Suite 100, Topeka, KS 66604-4040, (785) 271-2730,
david.kramer@ks.usda.gov.
Kentucky
Scott Maas, USDA Rural Development, 771 Corporate Drive, Suite 200,
Lexington, KY 40503, (859) 224-7435, scott.maas@ky.usda.gov.
Louisiana
Kevin Boone, USDA Rural Development, 905 Jefferson Street, Suite 320,
Lafayette, LA 70501, (337) 262-6601, Ext. 133, Kevin.Boone@la.usda.gov.
Maine
John F. Sheehan, USDA Rural Development, 967 Illinois Avenue, Suite 4,
P.O. Box 405, Bangor, ME 04402-0405, (207) 990-9168,
john.sheehan@me.usda.gov.
Maryland (See Delaware)
Massachusetts/Rhode Island/Connecticut
Charles W. Dubuc, USDA Rural Development, 451 West Street, Suite 2,
Amherst, MA 01002, (401) 826-0842 X 306, Charles.Dubuc@ma.usda.gov.
Michigan
Traci J. Smith, USDA Rural Development, 3001 Coolidge Road, Suite 200,
East Lansing, MI 48823, (517) 324-5157, Traci.Smith@mi.usda.gov.
Minnesota
Lisa L. Noty, USDA Rural Development, 1400 West Main Street, Albert
Lea, MN 56007, (507) 373-7960 Ext. 120, lisa.noty@mn.usda.gov.
Mississippi
G. Gary Jones, USDA Rural Development, Federal Building, Suite 831, 100
West Capitol Street, 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
Michael Drewiske, USDA Rural Development, 900 Technology Blvd.,
[[Page 13347]]
Unit 1, Suite B, P.O. Box 850, Bozeman, MT 59771, (406) 585-2554,
Michael.drewiske@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, 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 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, N.C. 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
Bernard Linn, USDA Rural Development, One Credit Union Place, Suite
330, Harrisburg, PA 17110-2996, (717) 237-2182,
Bernard.Linn@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
Dana Kleinsasser, USDA Rural Development, Federal Building, Room 210,
200 4th Street, SW., Huron, SD 57350, (605) 352-1157,
dana.kleinsasser@sd.usda.gov.
Tennessee
Will Dodson, USDA Rural Development, 3322 West End Avenue, Suite 300,
Nashville, TN 37203-1084, (615) 783-1350, will.dodson@tn.usda.gov.
Texas
Billy Curb, USDA Rural Development, Federal Building, Suite 102, 101
South Main Street, Temple, TX 76501, (254) 742-9775,
billy.curb@tx.usda.gov.
Utah
Roger Koon, USDA Rural Development, Wallace F. Bennett Federal
Building, 125 South State Street, Room 4311, Salt Lake City, UT 84138,
(801) 524-4301, Roger.Koon@ut.usda.gov.
Vermont/New Hampshire
Cheryl Ducharme, USDA Rural Development, 89 Main Street, 3rd Floor,
Montpelier, VT 05602, 802-828-6083, cheryl.ducharme@vt.usda.gov.
Virginia
Laurette Tucker, USDA Rural Development, 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
Richard E. Satterfield, USDA Rural Development, 75 High Street, Room
320, Morgantown, WV 26505-7500, (304) 284-4874,
Richard.Satterfield@wv.usda.gov.
Wisconsin
Brenda Heinen, USDA Rural Development, 4949 Kirschling Court, Stevens
Point, WI 54481, (715) 345-7615, Ext. 139, Brenda.Heinen@wi.usda.gov.
Wyoming
Jon Crabtree, USDA Rural Development, Dick Cheney Federal Building, 100
East B Street, Room 1005, P.O. Box 11005, Casper, WY 82602, (307) 233-
6719, Jon.Crabtree@wy.usda.gov.
Paperwork Reduction Act
The information collection requirements contained in the Notice of
Contract Proposal for the Section 9005 Advanced Biofuel Payments
Program published on June 12, 2009, were approved by the Office of
Management and Budget (OMB) under emergency clearance procedures and
assigned OMB Control Number 0570-0057. As noted in the June 12, 2009
notice, the Agency sought emergency clearance to comply with the time
frames mandated by a Presidential Memorandum in order to implement the
Program as quickly as possible, having determined that providing for
public comment under the normal procedure would unduly delay the
provision of benefits associated with this Program and be contrary to
the public interest. Now, however, in accordance with the Paperwork
Reduction Act of 1995, the Agency is seeking standard OMB approval of
the reporting and recordkeeping requirements contained in the interim
rule. In the publication of the proposed rule on April 16, 2010, the
Agency solicited comments on the estimated burden. The Agency received
no comments in response to this solicitation. This information
collection requirement will not become effective until approved by OMB.
Upon approval of this information collection, the Agency will publish a
notice in the Federal Register.
[[Page 13348]]
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: Initial announcement.
Catalog of Federal Domestic Assistance Number. The CFDA number for
this Notice is 10.867.
Dates: The Advanced Biofuels Program sign-up period for Fiscal Year
2011 is March 11, 2011 to May 10, 2011.
Availability of Notice and Rule. This Notice and the interim rule
for the Advanced Biofuel Payment Program are available on the USDA
Rural Development Web site at http://www.rurdev.usda.gov/BCP_Biofuels.html and at http://www.rurdev.usda.gov/rbs/busp/9005Biofuels.htm.
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 Title IX,
Section 9001, of the Food, Conservation, and Energy Act of 2008 (Pub.
L. 110-234).
C. Definition of Terms. The definitions applicable to this Notice
are published at 7 CFR 4288.102.
II. Award Information
A. Available funds: The Agency is authorizing up to $85 million for
this program in Fiscal Year 2011.
The Agency made available up to $80 million in budgetary authority
for Fiscal Year 2010 for advanced biofuel produced in Fiscal Year 2010.
Information on Fiscal Year 2010 funding was contained in the
publication of the interim rule for the Advanced Biofuel Payment
Program, which can be found at 76 FR 7936 (February 11, 2011).
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 2011,
the amount of advanced biofuels being produced by such advanced biofuel
producers, and the amount of funds available.
D. Contract period. For producers participating in this program for
Fiscal Year 2011, the contract period will continue 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, 2010 through September 30, 2011.
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 2011 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 2011 must
enroll in the program by May 10, 2011. Applications received after this
date, regardless of their postmark, will not be considered by the
Agency for Fiscal Year 2011 funds. Producers who participated in this
Program in Fiscal Year 2009 and/or Fiscal Year 2010 must submit a new
application under this Notice to be considered for Fiscal Year 2011
funds.
(2) Payment applications. Advanced biofuel producers must submit
Form RD 4288-3, ``Advanced Biofuel Payment Program--Payment Request,''
for each of the first three quarters (i.e., three forms are required)
of Fiscal Year 2011 by 4:30 p.m. on August 1, 2011, and for the final
quarter of Fiscal Year 2011 by 4:30 p.m. on October 31, 2011. Neither
complete nor incomplete payment applications received after such dates
and times will be considered, regardless of the postmark on the
application.
D. Funding restrictions. For Fiscal Year 2011, not more than five
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 BTUs of biogas and solid advanced biofuel per year.
(In calculating whether a producer meets either of these capacities,
production of all advanced biofuel facilities in which the producer has
50 percent or more ownership will be totaled.) The remaining funds will
be made available to all other producers.
E. Payment provisions. Fiscal Year 2011 payments will be made
according to the provisions specified in 7 CFR 4288.130 through
4288.137.
V. Administration Information
A. Notice of eligibility. The provisions of 7 CFR 4288.112 apply to
this Notice. These provisions include notifying an applicant determined
to be eligible for participation and assigning such applicant a
Contract number and notifying an applicant determined to be ineligible,
including the reason(s) the applicant was rejected and providing such
applicant appeal rights as specified in 7 CFR 4288.103.
B. Administrative and National Policy requirements.
(1) Review or appeal rights. A person may seek a review of an
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
[[Page 13349]]
sheets, invoices, written price quotations, and other documents related
to the program that are within the control of such advanced biofuel
producer for not less than three years from each Program payment date.
(4) Exception authority. The provisions of 7 CFR 4288.107 apply to
this Notice.
C. Environmental review. Rural Development's compliance with the
National Environmental Policy Act of 1969 (NEPA) is implemented in its
regulations at 7 CFR part 1940, subpart G. The Agency has reviewed the
circumstances under which financial assistance may be provided under
this Program and has determined that proposals that do not involve
additional facility construction fall within the categorical exclusion
from NEPA reviews provided for in 7 CFR 1940.310(c)(1). Applicants
whose proposal involves additional facility construction should provide
Form RD 1940-20, ``Request for Environmental Information,'' as part of
their application. Rural Development will then determine whether the
proposal is categorically excluded under 7 CFR 1940.310(c)(1) or
whether additional actions are necessary to comply with 7 CFR part
1940, subpart G.
VI. Agency Contacts
For assistance on this payment program, please contact a USDA Rural
Development Energy Coordinator, as provided in the SUPPLEMENTARY
INFORMATION section of this Notice, or Diane Berger, USDA Rural
Development, 1400 Independence Avenue, SW., Room 6865, STOP 3225,
Washington, DC 20250. Telephone: (202) 260-1508. Fax: (202) 720-2213.
Email: diane.berger@wdc.usda.gov.
VII. Nondiscrimination Statement
USDA prohibits discrimination in all its programs and activities on
the basis of race, color, national origin, age, disability, and where
applicable, sex, marital status, familial status, parental status,
religion, sexual orientation, genetic information, political beliefs,
reprisal, or because all or part of an individual's income is derived
from any public assistance program. (Not all prohibited bases apply to
all programs.) Persons with disabilities who require alternative means
for communication of program information (Braille, large print,
audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600
(voice and TDD).
To file a complaint of discrimination write to USDA, Director,
Office of Adjudication and Compliance, 1400 Independence Avenue, SW.,
Washington, DC 20250-9410 or call (800) 795-3272 (voice) or (202) 720-
6382 (TDD). USDA is an equal opportunity provider, employer, and
lender.
Dated: March 7, 2011.
Cheryl L. Cook,
Acting Under Secretary, Rural Development.
[FR Doc. 2011-5573 Filed 3-10-11; 8:45 am]
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