[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Notices]
[Page 4554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01797]


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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service

[Docket # RBS-21-BUSINESS-0026]


Notice of Funding Opportunity for the Biofuel Producer Program 
for Fiscal Year 2021; Amendment

AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Notice; amendment.

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SUMMARY: The Rural Business-Cooperative Service (RBCS or Agency), an 
agency of the United States Department of Agriculture (USDA), published 
a Notice of Funding Opportunity (NOFO) in the Federal Register on 
December 13, 2021, entitled Notice of Funding Opportunity for the 
Biofuel Producer Program for Fiscal Year 2021, to announce the 
application window, application requirements and the availability of up 
to $700 million in payments to eligible biofuel producers for 
unexpected market losses as a result of COVID-19 in order to maintain a 
viable and significant biofuels market for agricultural producers that 
supply biofuel producers. This notice will amend Sections A, D and E of 
the NOFO to include production to meet marketing obligations or fulfill 
or maintain essential markets in the calculations of a biofuel 
producer's market losses as a result of COVID-19.

DATES: Applications for the Biofuel Producer Program must be received 
by 11:59 p.m. EST on February 11, 2022.

FOR FURTHER INFORMATION CONTACT: Lisa Noty, USDA Rural Development, 
Rural Business-Cooperative Service. Telephone: (712) 254-4366, email: 
[email protected]. Persons with disabilities that require alternative 
means for communication should contact the U.S. Department of 
Agriculture (USDA) Target Center at (202) 720-2600 (voice).

SUPPLEMENTARY INFORMATION:

Amendments

    In FR Doc 2021-26876 of December 13, 2021 (86 FR 70818), the 
following amendments are being made to include production to meet 
marketing obligations or fulfill or maintain essential markets in the 
calculations of a biofuel producer's market losses as a result of 
COVID-19.
    1. On page 70818, column 2, under Section A. ``Program 
Description,'' subsection 1. ``Purpose of the program,'' the first 
paragraph should be amended to read as follows:
    The Biofuel Producer Program will make payments to eligible 
producers of eligible biofuel for unexpected market losses as a result 
of COVID-19. These payments to biofuel producers support the 
maintenance and viability of a significant market for agricultural 
producers of products such as corn, soybean or biomass that supply 
biofuel production. Payment to a biofuel producer will be based upon 
the volume of market loss the biofuel producer experienced in calendar 
year 2020. The producer's volume of market loss will be calculated by 
comparing the amount of fuel (gallons of eligible biofuel) they 
produced in calendar year 2020 to the amount of fuel (gallons of 
eligible biofuel) produced in calendar year 2019. Eligible biofuel 
(gallons of biofuel) produced by the eligible producer in 2020 to meet 
required contractual commitments, marketing obligations, or fulfill or 
maintain essential markets, resulting in a gross profit loss will be 
deducted from 2020 production by the Agency's calculation of program 
payments. Gross profit loss related to required production can be based 
on either the entire 2020 year, or a period in 2020 specified by the 
applicant. Quantities of gaseous biofuel will be converted into gallons 
based on the British Thermal Unit (BTU) equivalent of one gallon of 
biodiesel using factors published by the Energy Information 
Administration (EIA).
    2. On page 70818, column 3, under Section A. ``Program 
Description,'' subsection 3. ``Definitions,'' a definition for 
essential market should be added in alphabetical order as follows:
    Essential market means markets for biofuel, co-products, and 
byproducts where there are limited alternative replacement buyers and a 
biofuel producer's failure to maintain supply has the potential to 
result in current buyers moving to other suppliers. Essential markets 
also include critical supply markets to the buyer and local and 
regional markets are dependent on the supply of products provided by 
the biofuel producer. Limited alternative near-term supply markets 
exist and the loss of supply has the potential to have an adverse 
impact on buyers' viability.
    3. On page 70820, column 1, under Section D ``Application 
Submission Information,'' subsection 4.i.g. ``Contracts and Financial 
Information,'' the heading and subsection should be amended to read as 
follows:
    g. Contracts, Evidence of Market Obligations, or Evidence of 
Fulfilling Essential Markets, and Financial Information. Include copies 
of contracts, description, and documentation of marketing obligations 
or essential markets, as appropriate, and financial statements and 
supporting documentation for payment requests that include production 
in 2020 that was required to meet contractual commitments, marketing 
obligations, or fulfill or maintain essential markets, and resulted in 
a gross profit loss. The financial information submitted must be 
sufficient to support the gross profit loss for the period of the 
related production. For example, if an applicant is requesting 
assistance for required production for April and May 2020 that resulted 
in a gross profit loss, the related financial information must be in 
sufficient detail to demonstrate the gross profit loss for such period.
    4. On page 70821, column 1, under section E. ``Application Review 
Information,'' subsection 3.i.c. should be amended to read as follows:
    c. Amount of eligible biofuel (gallons of biofuel) reported under 
(b), above, produced by the eligible producer in 2020 to meet required 
contractual commitments, marketing obligations, or fulfill or maintain 
essential markets, resulting in a gross profit loss.

Karama Neal,
Administrator, Rural Business-Cooperative Service.
[FR Doc. 2022-01797 Filed 1-27-22; 8:45 am]
BILLING CODE 3410-XY-P