[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Pages 13345-13349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5573]



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, 

ACTION: Notice.


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: [email protected].


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.


Quinton Harris, USDA Rural Development, Sterling Centre, Suite 601, 
4121 Carmichael Road, Montgomery, AL 36106-3683, (334) 279-3623, 
[email protected].


Chad Stovall, USDA Rural Development, 800 West Evergreen, Suite 201, 
Palmer, AK 99645-6539, (907) 761-7718, [email protected].

American Samoa (See Hawaii)


Alan Watt, USDA Rural Development, 230 North First Avenue, Suite 206, 
Phoenix, AZ 85003-1706, (602) 280-8769, [email protected].


Tim Smith, USDA Rural Development, 700 West Capitol Avenue, Room 3416, 
Little Rock, AR 72201-3225, (501) 301-3280, [email protected].


Philip Brown, USDA Rural Development, 430 G Street, 4169, 
Davis, CA 95616, (530) 792-5811, [email protected].


Jerry Tamlin, USDA Rural Development, 655 Parfet Street, Room E-100, 
Lakewood, CO 80215, (720) 544-2907, [email protected].

Commonwealth of the Northern Marianas Islands--CNMI (See Hawaii)

Connecticut (See Massachusetts)


Bruce Weaver, USDA Rural Development, 1221 College Park Drive, Suite 
200, Dover, DE 19904, (302) 857-3626, [email protected].

Federated States of Micronesia (See Hawaii)

Florida/Virgin Islands

Matthew Wooten, USDA Rural Development, 4440 NW., 25th Place, 
Gainesville, FL 32606, (352) 338-3486, [email protected].


J. Craig Scroggs, USDA Rural Development, 111 E. Spring St., Suite B, 
Monroe, GA 30655, Phone 770-267-1413 ext. 113, 
[email protected].

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, 
[email protected].


Brian Buch, USDA Rural Development, 9173 W. Barnes Drive, Suite A1, 
Boise, ID 83709, (208) 378-5623, [email protected].


Molly Hammond, USDA Rural Development, 2118 West Park Court, Suite A, 
Champaign, IL 61821, (217) 403-6210, [email protected].


Jerry Hay, USDA Rural Development, 5975 Lakeside Boulevard, 
Indianapolis, IN 46278, (812) 873-1100, [email protected].


Teresa Bomhoff, USDA Rural Development, 873 Federal Building, 210 
Walnut Street, Des Moines, IA 50309, (515) 284-4447, 
[email protected].


David Kramer, USDA Rural Development, 1303 SW First American Place, 
Suite 100, Topeka, KS 66604-4040, (785) 271-2730, 
[email protected].


Scott Maas, USDA Rural Development, 771 Corporate Drive, Suite 200, 
Lexington, KY 40503, (859) 224-7435, [email protected].


Kevin Boone, USDA Rural Development, 905 Jefferson Street, Suite 320, 
Lafayette, LA 70501, (337) 262-6601, Ext. 133, [email protected].


John F. Sheehan, USDA Rural Development, 967 Illinois Avenue, Suite 4, 
P.O. Box 405, Bangor, ME 04402-0405, (207) 990-9168, 
[email protected].

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, [email protected].


Traci J. Smith, USDA Rural Development, 3001 Coolidge Road, Suite 200, 
East Lansing, MI 48823, (517) 324-5157, [email protected].


Lisa L. Noty, USDA Rural Development, 1400 West Main Street, Albert 
Lea, MN 56007, (507) 373-7960 Ext. 120, [email protected].


G. Gary Jones, USDA Rural Development, Federal Building, Suite 831, 100 
West Capitol Street, Jackson, MS 39269, (601) 965-5457, 
[email protected].


Matt Moore, USDA Rural Development, 601 Business Loop 70 West, Parkade 
Center, Suite 235, Columbia, MO 65203, (573) 876-9321, 
[email protected].


Michael Drewiske, USDA Rural Development, 900 Technology Blvd.,

[[Page 13347]]

Unit 1, Suite B, P.O. Box 850, Bozeman, MT 59771, (406) 585-2554, 
[email protected].


Debra Yocum, USDA Rural Development, 100 Centennial Mall North, Room 
152, Federal Building, Lincoln, NE 68508, (402) 437-5554, 
[email protected].


Mark Williams, USDA Rural Development, 1390 South Curry Street, Carson 
City, NV 89703, (775) 887-1222, [email protected].

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, 
[email protected].

New Mexico

Jesse Bopp, USDA Rural Development, 6200 Jefferson Street, NE., Room 
255, Albuquerque, NM 87109, (505) 761-4952, [email protected].

New York

Scott Collins, USDA Rural Development, 9025 River Road, Marcy, NY 
13403, (315) 736-3316 Ext. 4, [email protected].

North Carolina

David Thigpen, USDA Rural Development, 4405 Bland Rd., Suite 260, 
Raleigh, N.C. 27609, 919-873-2065, [email protected].

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, [email protected].


Randy Monhemius, USDA Rural Development, Federal Building, Room 507, 
200 North High Street, Columbus, OH 43215-2418, (614) 255-2424, 
[email protected].


Jody Harris, USDA Rural Development, 100 USDA, Suite 108, Stillwater, 
OK 74074-2654, (405) 742-1036, [email protected].


Don Hollis, USDA Rural Development, 200 SE Hailey Ave, Suite 105, 
Pendleton, OR 97801, (541) 278-8049, Ext. 129, [email protected].


Bernard Linn, USDA Rural Development, One Credit Union Place, Suite 
330, Harrisburg, PA 17110-2996, (717) 237-2182, 
[email protected].

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, 
[email protected].

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, [email protected].

South Dakota

Dana Kleinsasser, USDA Rural Development, Federal Building, Room 210, 
200 4th Street, SW., Huron, SD 57350, (605) 352-1157, 
[email protected].


Will Dodson, USDA Rural Development, 3322 West End Avenue, Suite 300, 
Nashville, TN 37203-1084, (615) 783-1350, [email protected].


Billy Curb, USDA Rural Development, Federal Building, Suite 102, 101 
South Main Street, Temple, TX 76501, (254) 742-9775, 
[email protected].


Roger Koon, USDA Rural Development, Wallace F. Bennett Federal 
Building, 125 South State Street, Room 4311, Salt Lake City, UT 84138, 
(801) 524-4301, [email protected].

Vermont/New Hampshire

Cheryl Ducharme, USDA Rural Development, 89 Main Street, 3rd Floor, 
Montpelier, VT 05602, 802-828-6083, [email protected].


Laurette Tucker, USDA Rural Development, Culpeper Building, Suite 238, 
1606 Santa Rosa Road, Richmond, VA 23229, (804) 287-1594, 
[email protected].

Virgin Islands (See Florida)


Mary Traxler, USDA Rural Development, 1835 Black Lake Blvd. SW., Suite 
B, Olympia, WA 98512, (360) 704-7762, [email protected].

West Virginia

Richard E. Satterfield, USDA Rural Development, 75 High Street, Room 
320, Morgantown, WV 26505-7500, (304) 284-4874, 
[email protected].


Brenda Heinen, USDA Rural Development, 4949 Kirschling Court, Stevens 
Point, WI 54481, (715) 345-7615, Ext. 139, [email protected].


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, [email protected].

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]]


    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 
    B. Biofuel eligibility. To be eligible for payment, an advanced 
biofuel must meet the eligibility requirements specified in 7 CFR 
    C. Payment eligibility. To be eligible for program payments, an 
advanced biofuel producer must maintain the records specified in 7 CFR 

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 
    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 
    (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 
    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 

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: [email protected].

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 

    Dated: March 7, 2011.
Cheryl L. Cook,
Acting Under Secretary, Rural Development.
[FR Doc. 2011-5573 Filed 3-10-11; 8:45 am]