[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Pages 50986-50987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20426]
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DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
Notice of Contract Proposal (NOCP) for Payments to Eligible
Advanced Biofuel Producers
AGENCY: Rural Business-Cooperative Service, USDA.
ACTION: Notice to accept applications from previously excluded advanced
biofuel producers and to modify the award methodology for remaining
available Fiscal Year 2009 funds.
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SUMMARY: The Agency published a document in the Federal Register of
March 12, 2010 at 75 FR 11836 for the distribution of the remaining
available Fiscal Year 2009 program funds under the Advanced Biofuel
Payment Program. The March 12, 2010 Notice of Contract Proposal (NOCP)
requested advanced biofuels producers determined eligible under the
June 12, 2009, NOCP (74 FR 27998) to submit requests for additional
payments in order to award the remaining available Fiscal Year 2009
program funds. This Notice opens an application window for certain
applicants who were previously ineligible and adjusts the manner in
which the Agency will allocate the remaining available Fiscal Year 2009
program funds to recipients.
DATES: Applications will be accepted from August 18, 2010 through
September 17, 2010.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to USDA, Rural Development-Energy Division, Program
Branch, Attention: Diane Berger, Advanced Biofuel Payment Program, 1400
Independence Avenue, SW., Stop 3225, Washington, DC 20250-3225.
Telephone: 202-260-1508.
SUPPLEMENTARY INFORMATION:
Administrative Procedure Act Statement
On March 12, 2010, the Agency published a Notice of Contract for
Proposal (NOCP) that, in part, requested advanced biofuels producers
determined eligible under the June 12, 2009 NOCP (74 FR 27998) to
submit a request for additional payment for facilities listed on their
application in order to award remaining available Fiscal Year 2009
program funds. Such requests and awards would be made according to the
criteria specified in the June 12, 2009 NOCP. Since the March 12, 2010
NOCP was published, the Agency has sought, received, and reviewed
comments from the public regarding the program's eligibility
requirements in conjunction with the April 16, 2010 (75 FR 20085)
publication of the proposed rule for this program. Based on a
consideration of these comments, the Agency has determined that it is
in the best interests of furthering the Administration's goal of
increasing the production of advanced biofuels to broaden the Advanced
Biofuel Payment Program applicability to include making payments for
eligible advanced biofuels produced at non-rural biofuel facilities and
at foreign-owned biofuel facilities located in a State. For the
purposes of this Notice, the term ``biofuel facility'' includes
biorefineries that produce advanced biofuels.
Through this Notice, the Agency intends to make such producers of
advanced biofuels eligible for the remaining available Fiscal Year 2009
program funds. To accomplish this, the Agency is opening a new
application window from August 18, 2010 through September 17, 2010 to
accept applications for payment under the Advanced Biofuel Payment
program for only advanced biofuels produced at non-rural and/or
foreign-owned biofuel facilities located in a State. The Agency will
process applications received for non-rural and/or foreign-owned
biofuel facilities under the March 12, 2010 NOCP unless the applicant
provides a new application under this Notice. All other eligibility
criteria in the June 12, 2009 NOCP are still applicable.
Furthermore, in order to make supplemental payments from the
remaining available Fiscal Year 2009 program funds for non-rural and
foreign-owned biofuel facilities, the Agency will distribute funds
according to the following procedures:
1. For producers who requested the supplemental payment under the
March 12, 2010 NOCP who met the eligibility criteria in that NOCP, the
Agency will make advanced Fiscal Year 2009 supplemental payments equal
to 25 percent of what those producers would have received based on the
payment rate established under the March 12, 2010 NOCP.
2. For applicants submitting applications pursuant to this Notice,
applicants only have to provide actual production with regard to base
and incremental production amounts. Applicants are not required to
submit projected base and incremental production for Fiscal Year 2009.
3. The Agency will then recalculate the payment rate for the Fiscal
Year 2009 supplement payments based on the production of all eligible
applicants, including the production from non-rural biofuel facilities
and foreign-owned biofuel facilities.
4. The Agency will recalculate the final Fiscal Year 2009
supplemental payment to all eligible producers based on the
recalculated payment rate and the production of all eligible
applicants, including the production from non-rural biofuel facilities
and foreign-owned biofuel facilities.
5. For all producers who receive an advanced Fiscal Year 2009
supplement payment under paragraph 1, the Agency will deduct the
payment amount from the producer's final Fiscal Year 2009 supplemental
payment and make any other adjustments necessary to reconcile the
producer's final Fiscal Year 2009 supplemental payment with the payment
established under paragraph 4.
Thus, every eligible producer, including non-rural and foreign-
owned biofuel facilities, will receive their share of the remaining
available Fiscal Year 2009 program funds that they would have received
had the March 12, 2010 NOCP allowed producers with non-rural biofuel
facilities and foreign-owned biofuel facilities to apply.
[[Page 50987]]
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act (PRA), the paperwork
burden associated with this Notice has been approved by the Office of
Management and Budget (OMB) under OMB Control Number 0570-0057. The PRA
burden associated with the June 12, 2009 NOCP was approved by OMB, with
an opportunity to comment on the burden associated with the program.
Since the publication of the June 12, 2009 NOCP, the Agency has not
received a sufficient number of qualified applications to allocate all
of the Fiscal Year 2009 authorized funds. Therefore, the Agency is
opening a new application window to accept additional applications for
the remaining available Fiscal Year 2009 program funds. Producers of
advanced biofuels seeking funding under this program have to submit
applications that include specified information, certifications, and
agreements. Applications and accompanying materials required under this
Notice are approved under OMB Control Number 0570-0057.
Non-Discrimination 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 programs. (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 Civil Rights, 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 and employer.
Dated: August 12, 2010.
Judith A. Canales,
Administrator, Rural Business-Cooperative Service.
[FR Doc. 2010-20426 Filed 8-17-10; 8:45 am]
BILLING CODE 3410-XY-P