[Federal Register: March 12, 2010 (Volume 75, Number 48)]
[Notices]
[Page 11836-11837]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr10-21]
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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