[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Notices]
[Pages 60822-60824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24081]


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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service


Notice of Funding Availability for the Biorefinery Assistance 
Program

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

ACTION: Notice.

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SUMMARY: This Notice announces the acceptance of applications for funds 
available under the Biorefinery Assistance Program (the ``Program'') to 
provide guaranteed loans for the development and construction of 
commercial-scale biorefineries or for the retrofitting of existing 
facilities using eligible technology for the development of advanced 
biofuels. This Notice announces approximately $76 million in carry over 
budget authority that will support a program level of approximately 
$181 million.

DATES: Applications must be received in the USDA Rural Development 
National Office no later than 4:30 p.m. local time on January 30, 2014, 
to compete for program funds. Any application received after 4:30 p.m. 
local time on January 30, 2014, regardless of the application's 
postmark, will not be considered under this Notice.

ADDRESSES: Applications and forms may be obtained from:
     USDA, Rural Development, Business Programs, Energy 
Division, Attention: Biorefinery Assistance Program, 1400 Independence 
Avenue SW., STOP 3225, Washington, DC 20250-3225.
     Agency Web site: http://forms.sc.egov.usda.gov/eForms. 
Follow instructions for obtaining the application and forms.
    Submit an original completed application with two copies to USDA's 
Rural Development National Office, Business Programs, Energy Division, 
Attention: Biorefinery Assistance Program, 1400 Independence Avenue 
SW., STOP 3225, Washington, DC 20250-3225.

FOR FURTHER INFORMATION CONTACT: Todd Hubbell, Rural Development, 
Business Programs, Energy Division, Biorefinery Assistance Program, 
USDA, 1400 Independence Avenue SW., Mail Stop 3225, Washington, DC 
20250-3225. Telephone: 202-690-2516. Email: [email protected].

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, has been approved by the Office of Management 
Budget (OMB) under OMB Control Number 0570-0065.

Overview

    Federal Agency Name: Rural Business-Cooperative Service (an Agency 
of USDA in the Rural Development mission area).
    Solicitation Opportunity Title: Biorefinery Assistance Program.
    Announcement Type: Initial announcement. Catalog of Federal 
Domestic Assistance (CFDA) Number: The CFDA number for this Notice is 
10.865.
    Dates: Complete applications must be received in the USDA Rural 
Development National Office no later than 4:30 p.m. local time on 
January 30, 2014, in order to be considered for funds made available 
under this Notice. Any application received after 4:30 p.m. local time 
on January 30, 2014, regardless of the application's postmark, will not 
be considered.
    Availability of Notice and Rule: This Notice and the interim rule 
for the Program are available on the USDA Rural Development Web site at 
http://www.rurdev.usda.gov/BCP_Biorefinery.html.

I. Funding Opportunity Description

    A. Purpose of the Program. The purpose of this Program is to assist 
in the development and construction of commercial-scale biorefineries 
and the retrofitting of existing facilities using eligible technology 
for the development of advanced biofuels. The Agency will make 
guarantees available on loans for eligible projects that will provide 
for the development, construction, and/or retrofitting of commercial 
biorefineries

[[Page 60823]]

using eligible technology, as defined in 7 CFR 4279.202(a).
    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(a) and 7 CFR 4287.302.
    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.''
    D. Application awards. The Agency will review, evaluate, and score 
applications received in response to this Notice based on the 
provisions found in 7 CFR 4279, subpart C and as indicated in this 
Notice. However, the Agency advises all interested parties that the 
applicant bears the burden in preparing and submitting an application 
in response to this Notice.

II. Award Information

    A. Available funds. This Notice provides approximately $76 million 
in available budget authority that will support a program level of 
approximately $181 million. Program funds are subject to the 
characteristics of the loan applications received.
    B. Type of Award. Guaranteed loan.
    C. Approximate Number of Awards. To be determined.
    D. Guarantee Loan Funding. The provisions of 7 CFR 4279.229 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 4279.226 are applicable to this Notice.
    F. Anticipated Award Date. To be determined.

III. Eligibility Information

    A. Eligible Lenders. To be eligible for this Program, lenders must 
meet the eligibility requirements in 7 CFR 4279.202(c).
    B. Eligible Borrowers. To be eligible for this Program, borrowers 
must meet the eligibility requirements in 7 CFR 4279.227.
    C. Eligible Projects. To be eligible for this Program, projects 
must meet the eligibility requirements in 7 CFR 4279.228.
    D. Application Completeness. Incomplete applications will be 
rejected. Lenders will be informed of the elements that made the 
application incomplete. If a resubmitted application is received in the 
USDA Rural Development's National Office by 4:30 p.m. January 30, 2014, 
the Agency will reconsider the application for available program funds.

IV. Fiscal Year 2013 Application and Submission Information

    A. Application Submittal. The lender must submit a separate 
application for each project for which a loan guarantee is sought under 
this Notice. It is recommended that applicants refer to the application 
guide for this program, ``Instructions for Application for Loan 
Guarantee--Section 9003 Biorefinery Assistance Loan Guarantees'', which 
can be found on the Agency's Web site at http://www.rurdev.usda.gov/BCP_Biorefinery.html.
    B. Content and Form of Submission. Approved lenders must submit an 
Agency-approved application form for each loan guarantee sought under 
this Notice. Loan guarantee applications from approved lenders must 
contain the information specified in 7 CFR 4279.261(a) through (n), 
organized pursuant to a table of contents in a chapter format, and in 7 
CFR 4279.261(o) as applicable.
    C. Submission Dates and Times. The original complete application 
must be received by the USDA Rural Development National Office no later 
than 4:30 p.m. local time by January 30, 2014, regardless of the 
postmark date, in order to be considered for program funds.
    D. Application Withdrawal. During the period between the submission 
of an application under this Notice and the execution of documents, the 
lender must notify the Agency, in writing, if the project is no longer 
viable or the borrower is no longer requesting financial assistance for 
the project. When the lender so notifies the Agency, the selection will 
be rescinded or the application withdrawn.

V. General Program Information

    A. Loan Origination. Lenders seeking a loan guarantee under this 
Notice must comply with the provisions found in 7 CFR 4279.202.
    B. Loan Processing. The Agency will process loans guaranteed under 
this Notice in accordance with the provisions specified in 7 CFR 
4279.224 through 4279.290.
    Refinancing, according to the provisions of 7 CFR 4279.228(g), is 
an eligible project cost under 7 CFR 4279.229(e)(7).
    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 complete application received in the USDA Rural Development 
National Office and will make awards using the provisions specified in 
7 CFR 4279.265(a) through (f).
    Due to limited funding, there will only be one round of 
competition.
    In all instances in which a ranked application is not funded, the 
Agency will notify the lender in writing. If an application has been 
selected for funding, but has not been funded because additional 
information is needed, the Agency will notify the lender of what 
information is needed, including a timeframe for the lender to provide 
the information. If the lender does not provide the information within 
the specified timeframe, the Agency will remove the application from 
further consideration and will so notify the lender.
    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 4287.307.
    E. Transfers and Assumptions. At present, the transfer fee rate for 
all transfers and assumptions is 1 percent. The transfer fee will be 
equal to the transfer fee rate multiplied by the outstanding principal 
loan balance as of the date of the transfer multiplied by the percent 
of guarantee.

VI. Administration Information

    A. Notifications. The Agency will notify, in writing, lenders whose 
applications have been selected for funding. If the Agency determines 
it is unable to guarantee the 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 4279.16.
    2. Exception Authority. The provisions specified in 7 CFR 
4279.202(b) 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-G, that all 
proposals shall be reviewed as a Class II Environmental Assessment (EA) 
as the development of new and emerging technologies would not meet the 
classification of a Categorical

[[Page 60824]]

Exclusion (CE) in accordance with 7 CFR 1940.310 or a Class I EA in 
accordance with 7 CFR 1940.311. 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.

VII. Agency Contacts

    For general questions about this Notice, please contact Todd 
Hubbell, Rural Development, Business Programs, 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: [email protected].

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 http://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 [email protected].
    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: September 16, 2013.
Lillian E. Salerno,
Administrator, Rural Business--Cooperative Service.
[FR Doc. 2013-24081 Filed 10-1-13; 8:45 am]
BILLING CODE 3410-XY-P