[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Notices]
[Pages 69353-69355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27215]


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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service


Notice of Contract Proposals (NOCP) for the 9005 Advanced Biofuel 
Payment Program for Fiscal Years 2019 and 2020

AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Notice.

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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 biorefinery located in a State.
    This Notice is being published concurrently with the issuance of 
the Bioenergy Program for Advanced Biofuels final rule. The Agency did 
not request applications, nor make payments in Fiscal Year 2019 pending 
the rule's promulgation/publication. This notice announces the 
availability of up to $7 million for each of two Fiscal Years, 2019 and 
2020, to make payments to eligible advanced biofuel producers for the 
production of eligible advanced biofuels.

DATES: Applications for enrollment in the Advanced Biofuel Payment 
Program for each of the Fiscal Years 2019 and 2020 will be accepted 
from December 18, 2019 through February 18, 2020. A separate Enrollment 
Application is required for each fiscal year. Enrollment applications 
received after 4:30 p.m. local time on February 18, 2020 will not be 
considered, regardless of postmark.
    Payment Request applications for each of the four quarters of 
Fiscal Year 2019 are to be submitted simultaneously with the FY 2019 
Enrollment Application. Fiscal Year 2019 Payment Request applications 
received after 4:30 p.m. local time February 18, 2020 will not be 
considered, regardless of postmark.
    Payment Request applications for Fiscal Year 2020 are to be 
submitted as specified in 7 CFR 4288.130.

ADDRESSES: Applications must be submitted to the USDA Rural Development 
State Office for the State where the Producer is located. A list of 
USDA Rural Development State Energy Coordinator contacts can be found 
via the link: https://www.rd.usda.gov/files/RBS_StateEnergyCoordinators_0.pdf.

FOR FURTHER INFORMATION CONTACT: For information about the Advanced 
Biofuel Payment Program, please contact the USDA Rural Development 
Energy Coordinator, as provided in the ADDRESSES above, or Lisa Noty, 
Energy Programs, USDA Rural Development,

[[Page 69354]]

511 W 7th Street, Atlantic, IA 50022. Telephone: 712-254-4366. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Fiscal Years 2019 and 2020 Applications for the Advanced Biofuel 
Payment Program

    Applicants must be registered in the System for Award Management 
(SAM) prior to submitting an application; which can be obtained at no 
cost via a toll-free request line at (866) 705-5711 or online at 
https://www.sam.gov/SAM/ SAM/. Registration of a new entity in SAM requires 
an original, signed, and notarized letter stating that the applicant is 
the authorized Entity Administrator, before the registration will be 
activated.
    All applicants, except those that are individuals, are required to 
have a Dun and Bradstreet Universal Numbering System (DUNS) number, 
which can be obtained online at http://fedgov.dnb.com/webform.

Overview

    Solicitation Opportunity Type: Advanced Biofuel Payment Program.
    Announcement Type: Solicitation Announcement; Concurrent with 
publication of final rule.
    Catalog of Federal Domestic Assistance Number: 10.867.
    Dates: The sign-up periods for participation for Fiscal Years 2019 
and 2020 are identified in DATES.

A. Program Description

    1. 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 promotes the Agency mission of sustainable economic 
development in rural America and is an important part of achieving 
Administration goals for increased biofuel production.
    2. Statutory Authority. This program is authorized under 7 U.S.C. 
8105.
    3. Definition of Terms. The definitions applicable to this Notice 
are published in 7 CFR 4288.102.
    4. Application Awards. This program makes payments to eligible 
advanced biofuel producers for the production of eligible advanced 
biofuels and is administered according to the provisions found in 7 CFR 
part 4288 subpart B, and as indicated in this Notice. The Agency 
advises all interested parties that applicants bear the burden in 
preparing and submitting an application in response to this Notice 
whether or not funding is appropriated for this Program in FY 2020.
    Availability of Notice and Rule: This Notice and the final rule for 
the Advanced Biofuel Payment Program are available on the USDA Rural 
Development website at http://www.rd.usda.gov/BCP_Biofuels.html.

B. Federal Award Information

    Type of Awards: Payments.
    Fiscal Year Funds: FY 2019 and FY 2020.
    Available Funds: In accordance with the Agricultural Act of 2018 
(Pub. L. 115-334), the Agency is authorized to provide up to $7 million 
for this program for the production of advanced biofuels in each of 
Fiscal Years 2019 and 2020.
    Approximate Number of Awards: The number of awards will depend on 
the number of participating advanced biofuel producers.
    Range of Amounts of Each Payment: There is no minimum payment 
amount that an individual producer can receive. The maximum payment 
amount that an individual producer or group of producers can receive is 
specified in 7 CFR 4288.131(e). The amount that each producer receives 
will depend on the number of eligible advanced biofuel producers 
participating in the program for the respective fiscal year, the amount 
of advanced biofuels produced by such advanced biofuel producers, and 
the amount of funds available.
    Award Dates: As specified in 7 CFR 4288.131.
    Performance Period: October 1, 2018, through September 30, 2019; 
October 1, 2019, through September 30, 2020.
    Renewal or Supplemental Awards: None.
    Contract: All producers wishing to participate in this program must 
enroll and enter into contracts with the Agency as provided for in 7 
CFR 4288.120 and 7 CFR 4288.121, respectively, and as otherwise 
specified in this Notice.
    Production Period: Payments to participating advanced biofuel 
producers under this Notice will be made on actual eligible advanced 
biofuels produced from October 1, 2018, through September 30, 2019, and 
from October 1, 2019, through September 30, 2020, in accordance with 7 
CFR part 4288 subpart B and as otherwise specified in this Notice.
    Type of Instrument: Payment.

C. Eligibility Information

    1. Eligible Applicants.
    To be eligible for this program, an applicant must meet the 
eligibility requirements specified in 7 CFR 4288.110.
    2. Biofuel Eligibility.
    To be eligible for payment, an advanced biofuel must meet the 
eligibility requirements specified in 7 CFR 4288.111.
    3. Payment Eligibility.
    To be eligible for program payments, an advanced biofuel producer 
must maintain the records specified in 7 CFR 4288.113.

D. Application and Submission Information

    1. Address to Request Applications.
    Annual Enrollment Application, Contract, and Payment Request 
Application forms are available from the USDA Rural Development State 
Office, Rural Development Energy Coordinator (contact information 
provided in the SUPPLEMENTARY INFORMATION section of this Notice).
    2. Content and Form of Application Submission.
    The enrollment provisions, including application content and form 
of submission, are specified in 7 CFR 4288.120 and 4288.121.
    3. Submission Dates and Times.
    (a) Enrollment. Producers must submit a new Enrollment application 
for each fiscal year, in which they wish to be considered. The Biofuel 
Payment Program Annual Application, Form RD 4288-1, must be received by 
the submission deadline specified in DATES.
    (b) Payment applications. Advanced biofuel producers must submit 
Form RD 4288-3, ``Advanced Biofuel Payment Program--Payment Request,'' 
for each of the four Federal fiscal quarters for each fiscal year. Pay 
requests for each quarter must be received by the submission deadlines 
as identified in DATES.
    4. Funding Restrictions.
    (a) Commodity. Not more than one third (\1/3\) of the funds in any 
fiscal year will be made available to one or more eligible producers of 
advanced biofuels derived from a single eligible Commodity (as defined 
in 7 CFR 4288.102) including intermediate ingredients of that single 
Commodity or use of that single Commodity and its intermediate 
ingredients in combination with another Commodity.
    (b) Large producers. Not more than five (5) percent of the funds in 
any fiscal year will be made available to Large Producers (as defined 
in 7 CFR 4288.102).
    (c) Individual producers. Not more than eight (8) percent of 
program funds will be made available in any fiscal year to any eligible 
producer of advanced biofuels, that is not a Large producer, to limit 
the amount of payments that may be received by a single eligible 
producer under this section in order to distribute

[[Page 69355]]

the total amount of funding available in an equitable manner.
    The remaining funds will be made available to all other producers.

E. Application Review Information

    Payments will be made according to the provisions specified in 7 
CFR 4288.130 through 4288.137, unless otherwise specified in this 
Notice.

F. Federal Award Administration Information

    1. 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.
    2. Administrative and National Policy Requirements.
    (a) Review or appeal rights. A person may seek a review of an 
adverse agency decision or appeal to the National Appeals Division as 
provided in 7 CFR 4288.103.
    (b) 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.
    (c) Oversight and monitoring. The provisions of 7 CFR 4288.105 
apply to this Notice.
    (d) Exception authority. The provisions of 7 CFR 4288.107 apply to 
this Notice.
    (e) Unauthorized Assistance. The provisions of 7 CFR 4288.135 apply 
to this Notice.

G. Federal Awarding 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 Lisa Noty, Energy Programs, USDA 
Rural Development, 511 W 7th Street, Atlantic, IA. Telephone: (712) 
243-2107 extension 116. Email: [email protected].

H. Civil Rights Requirements

    All grants made under this notice are subject to Title VI of the 
Civil Rights Act of 1964 as required by the USDA (7 CFR part 15, 
subpart A) and Section 504 of the Rehabilitation Act of 1973, Title 
VIII of the Civil Rights Act of 1968, Title IX of the Civil Rights Act 
of 1968, Executive Order 13166 (Limited English Proficiency), Executive 
Order 11246, and the Equal Credit Opportunity Act of 1974.

I. Other Information

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995, the 
information collection requirement contained in this notice is approved 
by OMB under OMB Control Number 0570-0070.

Federal Funding Accountability and Transparency Act

    All applicants, in accordance with 2 CFR part 25, must have a DUNS 
number, which can be obtained at no cost via a toll-free request line 
at (866) 705-5711 or online at http://fedgov.dnb.com/webform. 
Similarly, all applicants applying for grant funds must be registered 
in SAM prior to submitting an application. Applicants may register for 
the SAM at http://www.sam.gov/SAM. All recipients of Federal financial 
grant assistance are required to report information about first-tier 
sub-awards and executive total compensation in accordance with 2 CFR 
part 170.

Environmental Review

    This document has been reviewed in accordance with 7 CFR part 1970, 
subpart A, ``Environmental Policies.'' The Agency has determined that 
this action does not constitute a major Federal action significantly 
affecting the quality of the human environment, and in accordance with 
the National Environmental Policy Act (NEPA) of 1969, Public Law 91-
190, neither an Environmental Assessment nor an Environmental Impact 
Statement is required. Payment applications will be reviewed 
individually to determine compliance with NEPA.

Nondiscrimination Statement

    In accordance with Federal civil rights law and U.S. Department of 
Agriculture (USDA) civil rights regulations and policies, the USDA, its 
agencies, offices, and employees, and institutions participating in or 
administering USDA Programs are prohibited from discriminating based on 
race, color, national origin, religion, sex, gender identity (including 
gender expression), sexual orientation, disability, age, marital 
status, family/parental status, income derived from a public assistance 
program, political beliefs, or reprisal or retaliation for prior civil 
rights activity, in any program or activity conducted or funded by USDA 
(not all bases apply to all programs). Remedies and complaint filing 
deadlines vary by program or incident.
    Persons with disabilities who require alternative means of 
communication for program information (e.g., Braille, large print, 
audiotape, American Sign Language, etc.) should contact the responsible 
Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or 
contact USDA through the Federal Relay Service at (800) 877-8339. 
Additionally, program information may be made available in languages 
other than English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or 
write a letter addressed to USDA and provide in the letter all of the 
information requested in the form. To request a copy of the complaint 
form, call (866) 632-9992. Submit your completed form or letter to USDA 
by:
    (1) Mail: U.S. Department of Agriculture, Office of the Assistant 
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 
20250-9410;
    (2) Fax: (202) 690-7442; or
    (3) Email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Bette Brand,
Administrator, Rural Business-Cooperative Service.
[FR Doc. 2019-27215 Filed 12-17-19; 8:45 am]
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