[Federal Register Volume 75, Number 48 (Friday, March 12, 2010)]
[Notices]
[Pages 11836-11837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5374]


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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service


Bioenergy Program for Advanced Biofuels

AGENCY: Rural Business-Cooperative Service (RBS), USDA.

ACTION: Notice of Contract for Proposal (NOCP); additional payment for 
advanced biofuel produced from October 1, 2008 through September 30, 
2009.

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SUMMARY: RBS is announcing additional payments to advanced biofuel 
producers determined eligible in Fiscal Year 2009 for the Bioenergy 
Program for Advanced Biofuels under criteria established in the prior 
NOCP, which was published in this publication on June 12, 2009 (74 FR 
27998). All payments will be made based upon the terms and conditions 
provided in the prior NOCP. This NOCP announces the availability of the 
remaining Fiscal Year 2009 funds that were not distributed under the 
previous NOCP, which authorized $30 million for Fiscal Year 2009.

DATES: Submission of requests to be considered for additional payments 
for this program must be received by May 30, 2010.

ADDRESSES: Written requests for an additional payment must be sent to 
the USDA, Rural Development State Office, Renewable Energy Coordinator 
in the State in which the producer's principal office is located. The 
previous NOCP contains the Renewable Energy Coordinator contact 
information.

FOR FURTHER INFORMATION CONTACT: For further information on this 
payment program, please contact USDA, Rural Development-Energy 
Division, Program Branch, Attention: Diane Berger, 1400 Independence 
Avenue, SW., Stop 3225, Washington, DC 20250-3225. Telephone: 202-720-
1400.

SUPPLEMENTARY INFORMATION: On June 12, 2009, RBS published a Notice of 
Contract Proposals (NOCP) and Solicitation of Applications in the 
Federal Register announcing policy and application procedures for the 
Bioenergy Program for Advanced Biofuels. In response to the previously 
published NOCP, approximately $14.5 million in contracts between the 
U.S. Department of Agriculture and producers of advanced biofuels were 
executed.
    This NOCP announces the availability of the remaining Fiscal Year 
2009 funding to support the Production of Advanced Biofuels under the 
terms of eligibility of the previous NOCP. This program is authorized 
under Title IX, Section 9001, of the Food, Conservation, and Energy Act 
of 2008 (Pub. L. 110-234). Subject to the conditions identified in this 
NOCP, requests for additional payments will be evaluated, and executed 
based upon the terms and conditions outlined in the prior NOCP. The 
Agency will authorize the use of the remaining fiscal year 2009 funds 
for the additional payments. Funds will be deposited directly into the 
producer's account.
    The payments being made under this NOCP are one-time payments to 
distribute remaining FY 2009 funds.

Request for Additional Payment and Submission Information

    Only advanced biofuels producers determined eligible under the FY 
2009 NOCP can submit a request for an additional payment. Payment rate 
will be determined on the actual amount of BTUs produced from eligible 
Advanced

[[Page 11837]]

Biofuels produced in FY 2009 and the number of producers who request 
additional payments under this NOCP.
    1. If an eligible producer received a payment in FY 2009, a written 
request must be submitted to the appropriate USDA, Rural Development 
Renewable Energy Coordinator. The request must acknowledge this is an 
additional one-time payment for the actual amount produced in FY 2009.
    2. If an eligible producer had a valid executed contract, but did 
not submit a request for payment for the advanced biofuel produced in 
FY 2009, the request must include:
     Form RD 9005-3, ``Advanced Biofuel Program Payment 
Application,'' for FY 2009 production;
     Documentation verifying the actual amount of advanced 
biofuel produced in FY 2009; and
     SF-3881, ``Electronic Funds Transfer Payment Enrollment 
Form.''
    Additional documentation and access to same may be required if the 
producer's submittal is not sufficient to verify eligibility for 
payment or quantity of the Advanced Biofuel product.
    3. If a producer was determined eligible, but did not execute a 
contract, the request must include:
     Form RD 9005-2, ``Advanced Biofuel Payment Program 
Contract;''
     Form RD 9005-3, ``Advanced Biofuel Program Payment 
Application,'' for FY 2009 production;
     Documentation verifying the actual amount of advanced 
biofuel produced in FY 2009; and
     SF-3881, ``Electronic Funds Transfer Payment Enrollment 
Form.''
    Additional documentation and access to same may be required if the 
producer's submittal is not sufficient to verify eligibility for 
payment or quantity of the Advanced Biofuel product.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act, the paperwork 
burden associated with this Notice of Contract for Proposal (NOCP) has 
been approved by the Office of Management and Budget (OMB) under OMB 
Control Number 0570-0057.
    The PRA burden associated with the original NOCP, published on June 
12, 2009, was approved by OMB under emergency conditions, with an 
opportunity to comment on the burden associated with the program, and 
was intended to be a one-time approval. Since the publication of the 
original NOCP, the Agency did not allocate all of the FY 2009 
authorized funds because actual production did not meet the estimated 
production used to determine payment rates. Therefore, the Agency is 
seeking to make additional payments to eligible Advanced Biofuel 
Producers from remaining fiscal year 2009 funds.
    Under this NOCP, the Agency is providing additional payments to 
producers of advanced biofuels determined by the Agency to be eligible 
for the program in order to further support the production of advanced 
biofuels. To obtain these additional payments, producers who signed a 
contract (Form RD 9005-2) and submitted a payment request (Form RD 
9005-3) must acknowledge that receiving payment from the remaining 
fiscal year 2009 funds is a one-time payment. Producers who signed a 
contract, but did not submit a payment request, must submit a payment 
request form, including documentation verifying the actual amount of 
advanced biofuel produced in fiscal year 2009, and an electronic funds 
transfer payment enrollment form (SF-3881). Producers determined by the 
Agency to be eligible, but who did not sign a contract with the Agency, 
must submit the contract form, a payment request form, including 
documentation verifying the actual amount of advanced biofuel produced 
in fiscal year 2009, and an electronic funds transfer payment 
enrollment form. The collection of this information is necessary to 
ensure that appropriate payments are made to eligible producers of 
Advanced Biofuels.
    All of the forms, information, certifications, and agreements 
required to apply for these additional payments under this NOCP have 
been authorized under OMB Control Number 0570-0057. Since the emergency 
approval of the original NOCP for this program, the Agency has 
resubmitted the PRA package to OMB and received regular approval. 
Applications and accompanying materials required under this NOCP will 
be covered under the regular PRA package.

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 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, employer, and 
lender.''

    Dated: March 8, 2010.
Judith A. Canales,
Administrator, Rural Business-Cooperative Service.
[FR Doc. 2010-5374 Filed 3-11-10; 8:45 am]
BILLING CODE 3410-XY-P