[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