[Federal Register: May 18, 2004 (Volume 69, Number 96)]
[Notices]               
[Page 28111-28119]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my04-36]                         

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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service

 
Notice of Funds Availability (NOFA) Inviting Applications for the 
Specific Risk Materials and Certain Cattle Renewable Energy Guaranteed 
Loan Pilot Program

AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Notice.

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SUMMARY: This NOFA announces an emergency Pilot Program (the ``Pilot 
Program'') to provide guaranteed loans for developing renewable energy 
systems from the use of diseased livestock as a process raw material 
for the energy source. This Pilot Program is a further action to 
support the Departmental efforts to address the risks associated with 
Bovine Spongiform Encephalopathy (BSE). The Rural Business-Cooperative 
Service (RBS) expects projects to be constructed that will produce 
energy through the destruction of cattle.

DATES: Applications must be completed and submitted to the appropriate 
USDA State Rural Development Office on August 16, 2004. Applications 
received after August 16, 2004, will not be considered. Comments 
regarding the information collection requirements under the Paperwork 
Reduction Act of 1995 must be submitted on or before July 19, 2004.

ADDRESSES: Applicants wishing to apply for a guaranteed loan under this 
Pilot Program must submit their application and one copy to the USDA 
State Rural Development Office where the proposed project is located or 
where the borrower is headquartered. A list of the Energy Coordinators 
and State Rural Development Office addresses and telephone numbers 
follow.


    Note: Telephone numbers listed are not toll free.

USDA State Rural Development Offices

Alabama

Chris Harmon, USDA Rural Development, Sterling Center, Suite 601, 
4121 Carmichael Road, Montgomery, AL 36106-3683, (334) 279-3615.

Alaska

Dean Stewart, USDA Rural Development, 800 West Evergreen, Suite 201, 
Palmer, AK 99645-6539, (907) 761-7722.

Arizona

Gary Mack, USDA Rural Development, 3003 North Central Avenue, Suite 
900, Phoenix, AZ 85012-2906, (602) 280-8717.

Arkansas

Shirley Tucker, USDA Rural Development, 700 West Capitol Avenue, 
Room 3416, Little Rock, AR 72201-3225, (501) 301-3280.

California

Charles Clendenin, USDA Rural Development, 430 G Street, Agency 
4169, Davis, CA 95616-4169, (530) 792-5825.

Colorado

Linda Sundine, USDA Rural Development, 628 West 5th Street, Cortez, 
CO 81321, (720) 544-2929.

Delaware-Maryland

James Waters, USDA Rural Development, 4607 South Dupont Hwy., P.O. 
Box 400, Camden, DE 19934-0400, (302) 697-4324.

Florida/Virgin Islands

Joe Mueller, USDA Rural Development, 4440 NW. 25th Place, P.O. Box 
147010, Gainesville, FL 32614-7010, (352) 338-3482.

Georgia

J. Craig Scroggs, USDA Rural Development, 333 Phillips Drive, 
McDonough, GA 30253, (678) 583-0866.

Hawaii

Tim O'Connell, USDA Rural Development, Federal Building, Room 311, 
154 Waianuenue Avenue, Hilo, HI 96720, (808) 933-8313.

Idaho

Dale Lish, USDA Rural Development, 725 Jensen Grove Drive, Suite 1, 
Blackfoot, ID 83221, (208) 785-5840, Ext. 118.

Illinois

Cathy McNeal, USDA Rural Development, 2118 West Park Court, Suite A, 
Champaign, IL 61821, (217) 403-6210.

Indiana

Jerry Hay, USDA Rural Development, North Vernon Area Office, 2600 
Highway 7 North, North Vernon, IN 47265, (812) 346-3411, Ext. 4.

Iowa

Jeff Kuntz, USDA Rural Development, Federal Building, Room 873, 210 
Walnut Street, Des Moines, IA 50309, (641) 932-3031.

Kansas

Larry Carnahan, USDA Rural Development, P.O. Box 437, 115 West 4th 
Street, Altamont, KS 67330, (620) 784-5431.

[[Page 28112]]

Kentucky

Dewayne Easter, USDA Rural Development, 771 Corporate Drive, Suite 
200, Lexington, KY 40503, (859) 224-7435.

Louisiana

Kevin Boone, USDA Rural Development, 3727 Government Street, 
Alexandria, LA 71302, (318) 473-7960.

Maine

Valarie Flanders, USDA Rural Development, 967 Illinois Avenue, Suite 
4, P.O. Box 405, Bangor, ME 04402-0405, (207) 990-9168.

Massachusetts/Rhode Island/Connecticut

Sharon Colburn, USDA Rural Development, 451 West Street, Suite 2, 
Amherst, MA 01002-2999, (413) 253-4303.

Michigan

Lee Bambusch, USDA Rural Development, 3001 Coolidge Road, Suite 200, 
East Lansing, MI 48823, (517) 324-5257.

Minnesota

David Gaffaney, USDA Rural Development, 375 Jackson Street, Suite 
410, St. Paul, MN 55101-1853, (651) 602-7814.

Mississippi

Charlie Joiner, USDA Rural Development, Federal Building, Suite 831, 
100 West Capitol Street, Jackson, MS 39269, (601) 965-5457.

Missouri

D Clark Thomas, USDA Rural Development, 601 Business Loop 70 West, 
Parkade Center, Suite 235, Columbia, MO 65203, (573) 876-0995.

Montana

John Guthmiller, USDA Rural Development, 900 Technology Blvd., Unit 
1, Suite B, P.O. Box 850, Bozeman, MT 59771, (406) 585-2540.

Nebraska

Cliff Kumm, USDA Rural Development, 201 North, 25 Street, Beatrice, 
NE 68310, (402) 223-3125.

Nevada

Dan Johnson, USDA Rural Development, 555 West Silver Street, Suite 
101, Elko, NV 89801, (775) 738-8468, Ext. 112.

New Hampshire

See Vermont.

New Jersey

Michael Kelsey, USDA Rural Development, 5th Floor North, Suite 500, 
8000 Midlantic Drive, Mt. Laurel, NJ 08054, (856) 787-7700, Ext. 
7751.

New Mexico

Eric Vigil, USDA Rural Development, 6200 Jefferson Street, NE., Room 
255, Albuquerque, NM 87109, (505) 761-4952.

New York

Scott Collins, USDA Rural Development, The Galleries of Syracuse, 
Suite 357, 441 South Salina Street, Syracuse, NY 13202-2541, (315) 
477-6409.

North Carolina

H. Rossie Bullock, USDA Rural Development, P. O. Box 7426, 
Lumberton, NC 28359-7426, (910) 739-3349.

North Dakota

Dale Van Eckhout, USDA Rural Development, Federal Building, Room 
208, 220 East Rosser Avenue, P.O. Box 1737, Bismarck, ND 58502-1737, 
(701) 530-2065.

Ohio

James Cogan, USDA Rural Development, Federal Building, Room 507, 200 
North High Street, Columbus, OH 43215-2418, (614) 255-2420.

Oklahoma

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

Oregon

Don Hollis, USDA Rural Development, 1229 SE Third Street, Suite A, 
Pendleton, OR 97801-4198, (541) 278-8049, Ext. 129.

Pennsylvania

Vincent Murphy, USDA Rural Development, One Credit Union Place, 
Suite 330, Harrisburg, PA 17110-2996, (717) 237-2181.

Puerto Rico

Virgilio Velez, USDA Rural Development, IBM Building, 654 Munoz 
Rivera Avenue, Suite 601, Hato Rey, PR 00918-6106, (787) 766-5091, 
ext. 251.

South Carolina

R. Gregg White, USDA Rural Development, Strom Thurmond Federal 
Building, 1835 Assembly Street, Room 1007, Columbia, SC 29201, (803) 
765-5881.

South Dakota

Gary Korzan, USDA Rural Development, Federal Building, Room 210, 200 
4th Street, SW., Huron, SD 57350, (605) 352-1142.

Tennessee

Dan Beasley, USDA Rural Development, 3322 West End Avenue, Suite 
300, Nashville, TN 37203-1084, (615) 783-1341.

Texas

Pat Liles, USDA Rural Development, Federal Building, Suite 102, 101 
South Main Street, Temple, TX 76501, (254) 742-9780.

Utah

Richard Carrig, USDA Rural Development, Wallace F. Bennett Federal 
Building, 125 South State Street, Room 4311, Salt Lake City, UT 
84138, (801) 524-4328.

Vermont/New Hampshire

Lyn Millhiser, USDA Rural Development, City Center, 3rd Floor, 89 
Main Street, Montpelier, VT 05602, (802) 828-6069.

Virginia

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

Washington

Chris Cassidy, USDA Rural Development, 1606 Perry Street, Suite E, 
Yakima, WA 98902-5769, (509) 454-5743, Ext. 5.

West Virginia

Cheryl Wolfe, USDA Rural Development, 75 High Street, Room 320, 
Morgantown, WV 26505-7500, (304) 284-4882.

Wisconsin

Mark Brodziski, USDA Rural Development, 4949 Kirschling Court, 
Stevens Point, WI 54481, (715) 345-7615, Ext. 131.

Wyoming

Jerry Tamlin, USDA Rural Development, 100 East B, Federal Building, 
Room 1005, P.O. Box 820, Casper, WY 82602, (307) 261-6319.

FOR FURTHER INFORMATION CONTACT: Diane Berger, Specialty Lenders 
Division, Rural Business-Cooperative Service, U.S. Department of 
Agriculture, Mail Stop 3225, 1400 Independence Ave., SW., Washington, 
DC 20250-3225, Telephone: (202) 720-1400.

SUPPLEMENTARY INFORMATION:

Programs Affected

    The Renewable Energy Program is listed in the Catalog of Federal 
Domestic Assistance under Number 10.775, Renewable Energy Systems and 
Energy Efficiency Improvements Program and 10.768, Business and 
Industry Loans.

Paperwork Reduction Act

    The collection of information requirements contained in this notice 
has received temporary emergency clearance by the Office of Management 
and Budget (OMB) under Control Number 0570-0049. However, in accordance 
with the Paperwork Reduction Act of 1995, RBS will seek standard OMB 
approval of the reporting and recordkeeping requirements contained in 
this notice and hereby opens a 60-day comment period.

Abstract

    The information requirements contained in this notice require 
information from guaranteed loan applicants and recipients. The 
information is vital for RBS to make wise decisions regarding the 
eligibility of applicants, establish selection priorities among 
competing applicants, ensure compliance with applicable RBS 
regulations, and effectively monitor the borrowers' activities to 
protect the Government's financial interest and ensure that funds 
obtained from the Government are use appropriately.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 8 hours per response.
    Respondents: Rural small businesses.

[[Page 28113]]

    Estimated Number of Respondents: 25.
    Estimated Number of Responses per Respondent: 14.
    Estimated Number of Responses: 342.
    Estimated Total Annual Burden on Respondents: 2,678.
    Type of Request: New collection.
    Copies of this information collection can be obtained from Cheryl 
Thompson, Regulations and Paperwork Management Burden at (202) 692-
0043.

Comments

    Comments are invited on (1) whether the proposed collection of 
information is necessary for the proper performance of the functions of 
RBS, including whether the information will have practical utility; (2) 
the accuracy of the new RBS estimate of the burden of the proposed 
collection of information, including the validity of the methodology 
and assumptions used; (3) ways to enhance the quality, utility, and 
clarity of the information to be collected; and (4) ways to minimize 
the burden of the collection of information on those who are to 
respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology. Comments may be sent to: Cheryl 
Thompson, Regulations and Paperwork Management Branch, U.S. Department 
of Agriculture, Rural Development, STOP 0742, 1400 Independence Ave., 
SW., Washington, DC 20250. All responses to this notice will be 
summarized and included in the request for OMB approval. All comments 
will also become a matter of public record.

Background

    Bovine spongiform encephalopathy (BSE), commonly referred to as 
``mad cow'' disease, is a slowly progressive, degenerative, fatal 
disease affecting the central nervous system of adult cattle. Between 
November 1986 and September 2002, approximately 181,000 cases of BSE 
were confirmed in the United Kingdom. Since 1989, when the first case 
was reported outside the UK, cases have appeared in other European 
countries, Israel, Japan, and Canada, but in relatively small numbers. 
In the United States, the Agency has conducted, since 1990, aggressive 
surveillance of the highest risk cattle going to slaughter, in which 
10,000 to 20,000 animals per year have been tested. To date, only one 
cow, in December 2003, has been found to be infected with BSE. This cow 
was bought from a farm in Canada.
    Since finding that cow, USDA has conducted 189 epidemiological 
investigations, leading to complete herd inventories on 51 premises in 
three States `` Washington, Oregon, and Idaho. The inventories involved 
examining more than 75,000 animals, out of which 255 were identified as 
``animals of interest'' because they were or could have been from the 
same herd as the cow found with BSE. None of these 255 animals were 
found to have BSE.
    BSE is a member of a family of transmissible spongiform 
encephalopathy (TSE). The agent that causes BSE and other TSEs has yet 
to be fully characterized. The theory that is most accepted in the 
scientific community is that the agent is a prion, which is an abnormal 
form of a normal protein known as cellular prion protein, although 
other types of agents have also been implicated. The agent is highly 
resistant to heat, ultraviolet light, ionizing radiation, and common 
disinfectants that normally inactivate viruses or bacteria. In humans, 
the most common form of TSE is Creutzfeldt-Jakob disease (CJD). While 
CJD is rare with a worldwide incidence of 1 case per million, humans 
who develop this disease slowly lose the ability to think and move 
properly and suffer from memory loss and progressive brain damage until 
they can no longer see, speak, or feed themselves.
    In 1996, a variant of CJD (vCJD) was first described. While similar 
to CJD, there are distinct differences. vCJD affects young people, with 
an average age of death under 30 years and it has a relatively longer 
duration of illness. In addition, vCJD is strongly linked to exposure, 
probably through food, to BSE, whereas other human TSEs have not been 
linked to food exposure. While the route of transmission of vCJD is not 
yet fully determined, it is generally accepted that it is transmitted 
through exposure to food contaminated with BSE.
    Even though no subsequent animals have yet to be found to have BSE 
in the United States, as a result of identifying the BSE-contaminated 
cow in the United States in December 2003, the Secretary of Agriculture 
made a commitment that specified risk materials associated with BSE and 
non-ambulatory cattle would not be allowed to enter the food supply. In 
an extensive study conducted by the UK as the result of the BSE 
outbreak there, traditional rendering processes were determined not to 
effectively deactivate the infectivity of prions (The BSE Inquiry: The 
Report, Volume 13, Industry Processes and Controls, 6. Rendering, 
paragraphs 6.46 and 6.47). In response to this situation, the Secretary 
of Agriculture required existing USDA programs to be reviewed to 
determine which program might facilitate the development of private 
sector solution to this disposal problem.
    Title 9006 of the Farm Security and Rural Investment Act of 2002 
(2002 Act) was authorized to allow grant making and the issuance of 
direct and guaranteed loans to fund the development of renewable energy 
sources or energy efficiency opportunities. It is understood that 
cattle carcasses and parts of cattle can be a source of energy. In 
order to support the Departmental efforts to address the BSE situation, 
the Agency has determined that it is appropriate to develop this Pilot 
Program to guarantee loans to rural small businesses which may provide 
the means to effectively destroy specified risk materials that have 
been associated with BSE and cattle, while providing a bio-based source 
of energy. Funding for this Pilot Program is only anticipated to be 
available for the 2004 fiscal year.
    In addition to this notice, the Agency is also developing a 
proposed rule to create a program under the 2002 Act to make loans, 
loan guarantees, and grants to ``a farmer, rancher, or rural small 
business'' to purchase renewable energy systems and make energy 
efficiency improvements. The purpose of the program will be to help 
agricultural producers and rural small businesses to reduce energy 
costs and consumption. Lastly, the Agency is also concurrently 
developing a Notice of Availability of Funds to provide grants to these 
same constituents for renewable energy systems and energy efficiency 
improvements. These programs together provide an opportunity to develop 
renewable energy systems using a variety of renewable energy resources 
and, in the case of this notice, specified risk materials from non-
ambulatory cattle, and other cattle that are deemed to be at risk of 
carrying BSE.
    Because the Agency is developing these programs concurrently, we 
will be seeking comments on these programs as they are published. The 
order in which each of these programs will be published in the Federal 
Register is uncertain. Because of the obvious common characteristics in 
all of these programs, it is the Agency's intent to use relevant 
comments to help shape, as appropriate and if possible (depending on 
the actual timeframes), each of these programs.

Guaranteed Loan Funding

    Based on the 2002 Act, the amount of guaranteed loan funds that may 
be made

[[Page 28114]]

available to an applicant for an eligible project will not exceed 50 
percent of eligible project costs. Because of the serious risks and 
economic impacts of this situation, the Agency is seeking to maximize 
participation in this Pilot Program. To do this, the Agency is setting 
the maximum loan guarantee at 80 percent, regardless of loan size. The 
interest rate for guaranteed loans under this Pilot Program will be 
based on indices, such as money market indices, that are published in a 
recognized banking industry source and negotiated between the lender 
and the borrower. Interest rates will not be more than those rates 
customarily charged borrowers in similar circumstances in the ordinary 
course of business and are subject to Agency review and approval. 
Except as provided in this notice, the loan terms are the same as those 
in the RBS Business and Industry Guaranteed Loan program.
    The Agency is limiting the maximum amount of total loan guarantees 
under the Pilot Program to $50 million. The Agency anticipates up to 3 
awards will be made, although it is also possible that no applicants 
will qualify for loans guaranteed through this program. There is no 
size restriction associated with any one award (other than no more than 
$50 million in total loan guarantees will be made). Funds may be used 
only for certain specified project costs, provided these costs are an 
integral and necessary part of the total project.

I. Eligibility Requirements for Guarantee Assistance

    To be eligible to receive a guaranteed loan under this Pilot 
Program, a borrower must meet certain criteria including, but not 
limited to, each of the following three criteria, as applicable, which 
are identified in Section 9006 of the 2002 Act.
    A. The borrower must be a rural small business;
    B. Entities must be at least 51 percent owned, directly or 
indirectly, by individuals who are either citizens of the U.S. or 
reside in the U.S. after being legally admitted for permanent 
residence; and
    C. Both the borrower's business headquarters and the proposed 
project must be in a rural area.

II. Additional Eligibility Requirements Required From Lender

    To be eligible, the proposed project must meet certain criteria 
including, but not limited to, the following criteria:
    A. Demonstrate the ability to control the dissemination of any 
materials that may contain prions;
    B. The primary biomass used in the project must be specified risk 
materials, non-ambulatory cattle, or other cattle deemed to be at risk 
of carrying BSE;
    C. The ability to produce energy from the destruction of cattle and 
specified risk material;
    D. The technology must be pre-commercial or commercially available 
and replicable; and
    E. The project must be financially and technically feasible.
    Projects that are still in the research and development stage are 
not eligible for funds, because the Agency has determined that this 
emergency situation requires technologies that are available now.
    The technical feasibility of each proposed project will be based on 
all of the information provided by the applicant and on other sources 
of information, such as recognized industry experts in the applicable 
technology field, as necessary. Projects determined by the Agency to be 
not financially or technically feasible are ineligible.

III. Applications

    The lender must provide essentially the same application 
information, including forms, certifications, and agreements, as 
required for the B&I program. Other information also required from the 
lender includes:
    A. A description of borrower eligibility and project eligibility;
    B. A description of the business and ownership;
    C. Management information; and
    D. The lender must also provide information on the availability of 
materials, labor, and equipment for the facility.
    Because of factors of cost and complexity for renewable energy 
system projects of more than $100,000, the lender must include a 
project-specific feasibility study prepared by a qualified independent 
consultant will be required. This feasibility study must be consistent 
with the terms for such feasibility studies identified in the B&I 
program.
    A technical requirements report is also being required from the 
lender. The purpose of the technical requirements report is to ensure 
that the renewable energy system operates or performs as expected over 
its design life in a reliable and cost effective manner with regard to 
both energy production and the destruction of specified risk materials 
and of certain cattle and the control of material that may contain any 
prions. To this end, the lender must provide information on project 
design, procurement, startup, operation, and maintenance. The type of 
information to be provided includes the qualifications of the project 
team, agreements and permits, resource assessment, preliminary design 
and engineering, project development schedules, economic/feasibility 
modeling, equipment procurement, equipment installation, operations and 
maintenance, and project decommissioning. Projects costing more than 
$100,000 are required to employ the services of a professional 
engineer.
    The time available to obligate funds this current fiscal year is 
very short and there is insufficient time for resubmission of 
additional information. Therefore, it is imperative that applicants 
submit complete applications and that the applications be received by 
August 16, 2004. Ineligible or incomplete applications and those 
received after August 16, 2004, will be returned to the applicant and 
not evaluated further. The denial or rejection of an application under 
the Pilot Program may be appealed as provided in section 4279.16.

IV. Evaluation of Applications

    Submission of an application neither reserves funding nor ensures 
funding. The Agency will evaluate each application and make a 
determination as to whether the borrower is eligible, whether the 
lender is eligible, whether the proposed project is eligible, and 
whether the proposed funding request complies with all applicable 
statutes and regulations. The evaluation will be based on the 
information provided by the lender and on other sources of information, 
such as recognized industry experts in the applicable technology field, 
as necessary.
    The Agency will score each application in order to prioritize each 
proposed project. The evaluation criteria that the Agency will use to 
score these projects are different from those in the B&I program and 
are based, for the most part, on requirements found in the 2002 Act. 
The scoring criteria are:
    A. Quantity of Energy Produced. Points are earned for the amount of 
energy replaced or the amount of energy generated, not both. A maximum 
of 20 points will be awarded. Energy replacement is based on the 
percentage of energy being replaced. Energy generation is based on the 
proposed amount of renewable saleable energy the system is intended to 
produce.
    B. Environmental Benefits. Ten (10) points will be awarded if the 
purpose of the proposed project is to upgrade an existing facility or 
construct a new facility to meet applicable health or sanitary 
standards.

[[Page 28115]]

    C. Commercial Availability. Ten (10) points will be awarded if the 
technology being used is commercially available and replicable.
    D. Cost Effectiveness. A maximum of 25 points will be awarded based 
on the return on investment of the proposed project.
    E. Matching Funds. A maximum of 15 points will be awarded based on 
the percentage of matching funds provided by the borrower.
    F. Management. Ten (10) points will be awarded if the proposed 
project is monitored and managed by a qualified third party.
    G. Loan Rate. A maximum of 10 points will be awarded depending on 
the final loan rate.
    H. Mobility. Ten (10) points will be awarded if the project is able 
to be moved to handle outbreaks in varying geographical areas.

V. Applicability of Current Regulations

    All guaranteed loan requests for this Pilot Program are subject to 
the provisions of this NOFA. In addition, guaranteed loan requests are 
subject to the requirements of 7 CFR part 4279, subparts A and B, and 7 
CFR part 4287, subpart B, with the following modifications:

A. Definitions

    In addition to the definitions in Sec.  4279.2, the following 
definitions are applicable and, for the purposes of this notice, the 
definition of negligent servicing has been expanded as shown below.
    Annual receipts. The total income or gross income (sole 
proprietorship) plus cost of goods sold.
    Biogas. Biomass converted to gaseous fuels.
    Biomass. For the purposes of this notice, biomass means organic 
material the primary constituent of which is specified risk materials, 
non-ambulatory cattle, and other cattle deemed to be at risk of 
carrying BSE.
    Capacity. The load that a power generation unit or other electrical 
apparatus or heating unit is rated by the manufacturer to be able to 
meet or supply.
    Commercially available. Systems that have a proven operating 
history and an established design, installation, equipment, and service 
industry.
    Interconnection agreement. The terms and conditions governing the 
interconnection and parallel operation of the borrower's electric 
generation equipment and the utility's electric power system.
    Negligent servicing. The failure to perform those services which a 
reasonable, prudent lender would perform in servicing (including 
liquidation of) its own portfolio of loans that are not guaranteed. The 
term includes not only the concept of a failure to act, but also not 
acting in a timely manner, or acting in a manner contrary to the manner 
in which a reasonable, prudent lender would act. Negligent servicing 
includes any instance where a lender fails to ensure that all 
environmental laws are being complied with by an operation receiving 
guaranteed loan funds under this Pilot Program.
    Non-ambulatory disabled cattle. Non-ambulatory disabled cattle are 
cattle that cannot rise from a recumbent position or that cannot walk, 
including, but not limited to, those with broken appendages, severed 
tendons or ligaments, nerve paralysis, fractured vertebral column, or 
metabolic conditions.
    Other waste materials. Inorganic or organic materials that are used 
as inputs for energy production or are by-products of the energy 
production process.
    Power purchase arrangement. The terms and conditions governing the 
sale and transportation of electricity produced by the borrower to 
another party.
    Pre-commercial technology. Technologies that have emerged through 
the research and development process and have technical and economic 
potential for application in commercial energy markets but are not yet 
commercially available.
    Renewable energy system. A process that produces energy from a 
renewable energy source.
    Small business. A private entity including a sole proprietorship, 
partnership, corporation, and a cooperative (including a cooperative 
qualified under section 501(c)(12) of the Internal Revenue Code) but 
excluding any private entity formed solely for a charitable purpose, 
and which private entity is considered a small business concern in 
accordance with the Small Business Administration's (SBA) Small 
Business Size Standards by North American Industry Classification 
System (NAICS) Industry found in 13 CFR part 121; provided the entity 
has 500 or fewer employees and $20 million or less in total annual 
receipts including all parent, affiliate, or subsidiary entities at 
other locations.
    Specified Risk Material. Parts of cattle that have been determined 
by the Food Safety Inspection Service to be at risk of harboring 
potential infectivity of BSE. 9 CFR 310.22(a).

B. Eligible Lenders

    Section 4279.29 applies with the exception of paragraph (b).

C. Certified Lender Program

    Section 4279.43 is not applicable.

D. Civil Rights Impact Analysis

    Section 4279.60 applies with the addition of Executive Order 12898, 
Environmental Justice. When guaranteed loans are proposed, RBS 
employees will conduct a Civil Rights Impact Analysis (CIRA) with 
regard to environmental justice. The CIRA must be conducted and the 
analysis documented utilizing Form RD 2006-38. This must be done prior 
to loan approval, obligation of funds, or other commitments of agency 
resources, including issuance of a Conditional Commitment of guarantee, 
whichever occurs first.

E. Public Bodies and Nonprofit Corporations

    Section 4279.71 is not applicable.

F. Sale or Assignment of Guaranteed Loan

    Section 4279.75 applies with the exception of paragraph (b).

G. Guarantee Fee

    (a) For guaranteed loans under the Pilot Program, the guarantee fee 
is 1 percent instead of 2 percent.
    (b) Paragraphs 4279.107(a) and (b) are not applicable.

H. Eligible Borrowers

    (a) Section 4279.108 applies with the exception of paragraph (a).
    (b) In addition to the requirements in Sec.  4279.108(b), the 
following requirements will also be used to determine borrower 
eligibility:
    (i) The borrower must be a rural small business.
    (ii) If the borrower, or an owner, has an outstanding judgment 
obtained by the United States in a Federal Court (other than in the 
United States Tax Court), is delinquent in the payment of Federal 
income taxes, or is delinquent on a Federal debt, the borrower is not 
eligible to receive a guaranteed loan until the judgment is paid in 
full or otherwise satisfied or the delinquency is resolved.

I. Eligible Loan Purposes

    The loan purposes identified in Sec.  4279.113 are not applicable 
to this Pilot Program. Instead, for a project to be eligible to receive 
a guaranteed loan under this Pilot Program, the proposed project must 
meet each of the following criteria, as applicable.

[[Page 28116]]

    (a) The project must destroy or otherwise deactivate prions.
    (b) The primary biomass used in the project must be specified risk 
materials, non-ambulatory cattle, and other cattle deemed to be at risk 
of carrying BSE.
    (c) The project must produce energy.
    (d) The technology used in the project must be pre-commercial or 
commercially available and replicable.
    (e) The project must be technically and economically feasible.
    (f) The project must be located in a rural area.
    (g) The borrower must be the owner of the system and control the 
operation and maintenance of the proposed project. A qualified third-
party operator may be used to manage the operation and/or maintenance 
of the proposed project.
    (h) All projects financed under this Pilot Program must be based on 
satisfactory sources of revenues in an amount sufficient to provide for 
the operation and maintenance of the system or project.
    (i) No conflict of interest or appearance of conflict of interest 
will be allowed. For purposes of this Pilot Program, a conflict of 
interest includes, but is not limited to, the distribution or payment 
to an individual owner, partner, stockholder, or beneficiary of the 
borrower or a close relative of such an individual when such individual 
will retain any portion of the ownership of the borrower.

J. Ineligible Purposes

    Section 4279.114 is not applicable.

K. Loan Guarantee Limits

    (a) The requirements in Sec.  4279.119(a) are not applicable. 
Instead, the amount of guaranteed loan funds that will be made 
available to an eligible project under this Pilot Program will not 
exceed 50 percent of eligible project costs. Eligible project costs are 
only those costs associated with the items listed in paragraphs (1) 
through (10) below, as long as the items are an integral and necessary 
part of the total project.
    (1) Post-application purchase and installation of equipment, except 
agricultural tillage equipment and vehicles;
    (2) Post-application construction or project improvements, except 
residential;
    (3) Permit fees;
    (4) Professional service fees, except for application preparation;
    (5) Feasibility studies;
    (6) Business plans;
    (7) Retrofitting;
    (8) Construction of a new facility only when the facility is used 
for the same purpose and is approximately the same size;
    (9) Working capital; and
    (10) Land acquisition.
    (b) The maximum percentages of guarantee and the loan values in 
Sec.  4279.119(b) are not applicable. Instead, the maximum percentage 
guarantee for loans under this Pilot Program is 80 percent for any size 
loan.
    (c) The requirements in Sec.  4279.119(b)(1) through (4) are not 
applicable.

L. Appraisals

    In complying with the appraisal requirements in Sec.  4279.144, 
lenders shall use specialized appraisers. The Agency may waive the 
requirement to use a specialized appraiser only if a specialized 
appraiser does not exist in a specific industry or hiring one would 
cause an undue financial burden to the borrower.

M. Feasibility Studies

    Each application under this Pilot Program must include a project-
specific feasibility study as specified in Sec.  4279.150.

N. Loan Priorities

    The requirements in Sec.  4279.155 are not applicable. Instead, 
Agency personnel will score and fund each application based on the 
evaluation criteria identified below. These criteria must be 
individually addressed in narrative form on a separate sheet of paper.
    (a) Quantity of energy produced. Points may only be awarded for 
either energy replacement or energy generation, but not for both.
    (1) Energy replacement. If the proposed renewable energy system is 
intended primarily for self use by the rural small business and will 
provide energy replacement of greater than 75 percent, 20 points will 
be awarded; greater than 50 percent, but equal to or less than 75 
percent, 15 points will be awarded; or greater than 25 percent, but 
equal to or less than 50 percent, 10 points will be awarded. The energy 
replacement should be determined by dividing the estimated quantity of 
energy to be generated by at least the past 12 months' energy profile 
of the small business or anticipated energy use. The estimated quantity 
of energy may be described in Btu's, kilowatts, or similar energy 
equivalents. Energy profiles can be obtained from the utility company;
    (2) Energy generation. If the proposed renewable energy system is 
intended primarily for production of energy for sale, 20 points will be 
awarded;
    (b) Environmental benefits. If the purpose of the proposed 
renewable energy system is to upgrade an existing facility or construct 
a new facility required to meet applicable health or sanitary 
standards, 10 points will be awarded. Documentation must be obtained by 
the applicant from the appropriate regulatory agency with jurisdiction 
to establish the standard, to verify that a bona fide standard exists, 
what that standard is, and that the proposed project is needed and 
required to meet the standard;
    (c) Commercial availability. If the renewable energy system is 
currently commercially available and replicable, an additional 10 
points will be awarded;
    (d) Cost effectiveness. If the proposed renewable energy system 
will return the cost of the investment in 5 years or less, 25 points 
will be awarded; up to 10 years, 20 points will be awarded; up to 15 
years, 15 points will be awarded; or up to 20 years, 10 points will be 
awarded. The estimated return on investment is calculated by dividing 
the total project cost by the estimated projected net annual income 
and/or energy savings of the renewable energy system;
    (e) Matching funds. If the rural small business has provided 
eligible matching funds of over 90 percent, 15 points will be awarded; 
85-90 percent, 10 points will be awarded; or at least 80 and up to but 
not including 84 percent, 5 points will be awarded;
    (f) Management. If the renewable energy system will be monitored 
and managed by a qualified third-party operator, such as pursuant to a 
service contract, maintenance contract, or remote telemetry, an 
additional 10 points will be awarded; and
    (g) Loan rate. If the rate of the loan is below the Prime Rate (as 
published in The Wall Street Journal) plus 1.75 percent (5 points). If 
the rate of the loan is below the Prime Rate (as published in The Wall 
Street Journal) plus 1 percent (an additional 5 points).
    (h) Mobility. If the projects have the capability to relocate to 
various geographical areas to handle outbreaks, 10 points will be 
awarded.

O. Filing Preapplications and Applications

    (a) Preapplications. Section 4279.161(a) is not applicable.
    (b) Applications. The requirements in Sec.  4279.161(b) are 
applicable except for Sec.  4279.161(b)(2), (b)(14), and (b)(15). In 
addition, the following requirements also apply to all applications 
under this Pilot Program.
    (1) Application. Two applications (one original and one copy), 
including

[[Page 28117]]

the technical requirements report, shall be submitted for each proposed 
project. The original and one copy shall be submitted to the USDA State 
Rural Development Office where the proposed project is located or where 
the borrower is headquartered.
    (i) Table of Contents. The first item in each application will be a 
detailed Table of Contents in the order presented below. Include page 
numbers for each component of the proposal. Begin pagination 
immediately following the Table of Contents.
    (ii) Project Summary. A summary of the project proposal, not to 
exceed one page, must include the following: Title of the project, 
description of the project including goals and tasks to be 
accomplished, names of the individuals responsible for conducting and 
completing the tasks, and the expected timeframes for completing all 
tasks, including an operational date.
    (iii) Eligibility. Each applicant must describe how the borrower 
meets the borrower eligibility requirements.
    (iv) Small business information. All applications must contain the 
following information on the small business seeking funds under this 
program:
    (A) Business operation.
    (1) A description of the ownership, including a list of individuals 
and/or entities with ownership interest, names of any corporate 
parents, affiliates, and subsidiaries, as well as a description of the 
relationship, including products, between these entities.
    (2) A description of the operation.
    (B) Management. The resumes of key managers focusing on relevant 
business experience. If a third-party operator is used to monitor and 
manage the project, provide a discussion on the benefits and burdens of 
such monitoring and management as well as the qualifications of the 
third party.
    (C) Financial Information.
    (1) A current balance sheet and income statement prepared in 
accordance with generally accepted accounting principles (GAAP) and 
dated within 90 days of the application. Financial information is 
required on the total operations of the small business and its parent, 
subsidiary, or affiliates at other locations.
    (2) Sufficient information to determine total annual receipts of 
the business and any parent, subsidiary, or affiliates at other 
locations. Information provided must be sufficient for the Agency to 
make a determination of total income and cost of goods sold by the 
business.
    (3) If available, historical financial statements prepared in 
accordance with GAAP for the past 3 years, including income statements 
and balance sheets
    (4) Pro forma balance sheet at startup of the small business' 
business that reflects the use of the loan proceeds; and 3 additional 
years, indicating the necessary start-up capital, operating capital, 
and short-term credit; and projected cash flow and income statements 
for 3 years supported by a list of assumptions showing the basis for 
the projections.
    (D) Production information.
    (1) Provide a statement as to whether the technology to be employed 
by the facility is commercially or pre-commercially available and 
replicable. Provide information to support this position.
    (2) Describe the availability of materials, labor, and equipment 
for the facility.
    (v) Appraisals. In addition to the requirements specified in Sec.  
4279.161(b)(6), if the appraisal has not been completed when the 
application is filed, the applicant must submit an estimated appraisal. 
In all cases, a completed appraisal must be submitted prior to the loan 
being closed.
    (vi) In addition to the requirements specified in Sec.  
4279.161(b)(11), allow the Agency access to the project and its 
performance information during its useful life and permit periodic 
inspection of the project by a representative of the Agency.
    (vii) A certification by the lender that the proposed project will 
be in compliance with all applicable State environmental laws and 
regulations.
    (viii) A Dun and Bradstreet Universal Numbering System (DUNS) 
number.
    (c) Technical requirements report. The technical report must 
demonstrate that the project design, procurement, installation, 
startup, operation and maintenance of the renewable energy system will 
operate or perform as specified with regard to the destruction of 
specified risk materials, non-ambulatory cattle, and other cattle 
deemed to be a risk of carrying BSE and the control of the 
dissemination of prions over its design life in a reliable and a cost 
effective manner. The technical report must also identify all necessary 
project agreements, demonstrate that those agreements will be in place, 
and that necessary project equipment and services are available over 
the design life.
    All technical information provided must follow the format specified 
in paragraphs (1) through (10) below and must address both the 
destruction of specified risk materials, non-ambulatory cattle, and 
other cattle deemed to be a risk of carrying BSE and the control of the 
dissemination of prions and the production of energy from such inputs. 
Supporting information may be submitted in other formats. Design 
drawings and process flow charts are encouraged as exhibits. A 
discussion of each topic identified in paragraphs (1) through (10) is 
not necessary if the topic is not applicable to the specific project. 
Questions identified in the Agency's technical review of the project 
must be answered to the Agency's satisfaction before the application 
will be approved. Projects costing more than $100,000 require the 
services of a professional engineer (PE). Depending on the level of 
engineering required for the specific project or if necessary to ensure 
public safety, the services of a PE may be required for smaller 
projects.
    (1) Qualifications of project team. The biomass project team will 
vary according to the complexity and scale of the project. For 
engineered systems, the project team should consist of a system 
designer, a project manager, an equipment supplier, a project engineer, 
a construction contractor or system installer, and a system operator 
and maintainer. One individual or entity may serve more than one role.
    The project team must have demonstrated expertise in similar 
biomass systems development (e.g., destruction of diseased animal 
carcasses), engineering, installation, and maintenance. The applicant 
must provide authoritative evidence that project team service providers 
have the necessary professional credentials or relevant experience to 
perform the required services for both the destruction or deactivation 
of prions and the production of energy. The applicant must also provide 
authoritative evidence that vendors of proprietary components can 
provide necessary equipment and spare parts for the system to operate 
over its design life. The application must:
    (i) Discuss the proposed project delivery method. Such methods 
include a design, bid, build where a separate engineering firm may 
design the project and prepare a request for bids and the successful 
bidder constructs the project at the applicant's risk, and a design 
build method, often referred to as turn key, where the applicant 
establishes the specifications for the project and secures the services 
of a developer who will design and build the project at the developer's 
risk;
    (ii) Discuss the biomass system equipment manufacturers of major 
components being considered in terms of the length of time in business 
and the number of units installed at the capacity and scale being 
considered;

[[Page 28118]]

    (iii) Discuss the project manager, equipment supplier, system 
designer, project engineer, and construction contractor qualifications 
for engineering, designing, and installing biomass energy systems 
including any relevant certifications by recognized organizations or 
bodies. Provide a list of the same or similar projects designed, 
installed, or supplied and currently operating and with references if 
available; and
    (iv) Describe the system operator's qualifications and experience 
for servicing, operating, and maintaining biomass renewable energy 
equipment or projects. Provide a list of the same or similar projects 
designed, installed, or supplied and currently operating and with 
references if available.
    (2) Agreements and permits. The applicant must identify all 
necessary agreements and permits required for the project and the 
status and schedule for securing those agreements and permits, 
including the items specified in paragraphs (2)(i) through (vii).
    (i) Biomass systems must be installed in accordance with applicable 
local, State, and national codes and regulations. Identify zoning and 
code issues, and required permits and the schedule for meeting those 
requirements and securing those permits.
    (ii) Identify licenses where required and the schedule for 
obtaining those licenses.
    (iii) Identify land use agreements required for the project and the 
schedule for securing the agreements and the term of those agreements.
    (iv) Identify any permits or agreements required for solid, liquid, 
and gaseous emissions or effluents and the schedule for securing those 
permits and agreements.
    (v) Identify available component warranties for the specific 
project location and size.
    (vi) Systems interconnected to the electric power system will need 
arrangements to interconnect with the utility. Identify utility system 
interconnection requirements, power purchase arrangements, or licenses 
where required and the schedule for meeting those requirements and 
obtaining those agreements. This is required even if the system is 
installed on the customer side of the utility meter. For systems 
planning to utilize a local net metering program, describe the 
applicable local net metering program.
    (vii) Identify all environmental issues, including environmental 
compliance issues, associated with the project.
    (3) Resource assessment. The applicant must provide adequate and 
appropriate evidence of the availability of the biomass resource 
required for the system to operate as designed. Indicate the type and 
quantity of the biomass resource including storage, where applicable. 
Where applicable, also indicate shipping or receiving method and 
required infrastructure for shipping. For proposed projects with an 
established resource, provide a summary of the resource.
    (4) Design and engineering. The applicant must provide 
authoritative evidence that the system will be designed and engineered 
so as to meet its intended purposes (destruction or deactivation of 
prions and production of energy), will ensure public safety, and will 
comply with applicable laws, regulations, agreements, permits, codes, 
and standards. Projects shall be engineered by a qualified entity. 
Systems must be engineered as a complete, integrated system with 
matched components. The engineering must be comprehensive including 
site selection, system and component selection, and system monitoring 
equipment. Systems must be constructed by a qualified entity.
    (i) The application must include a concise but complete description 
of the project including location of the project; resource 
characteristics, including the kind and amount of biomass inputs; 
system specifications; electric power system interconnection, if 
applicable; kind, amount, and quality of the energy output; method to 
be used to destroy or otherwise deactivate prions; and monitoring 
equipment. Identify possible vendors and models of major system 
components. Describe the expected electric power, fuel production, or 
thermal energy production of the proposed system as rated and as 
expected in actual field conditions. For systems with a capacity more 
than 10 tons per day of biomass, address performance on a monthly and 
annual basis. For small projects such as a commercial biomass furnace 
or pelletizer of up to 5 tons daily capacity, proven, commercially 
available devices need not be addressed in detail. Describe the uses of 
or the market for electricity, heat, or fuel produced by the system. 
Discuss the impact of reduced or interrupted biomass availability on 
the system process, including any effect on the destruction or 
deactivation of prions.
    (ii) The application must include a description of the project site 
and address issues such as site access, foundations, backup equipment 
when applicable, and environmental concerns with emphasis on 
visibility, odor, noise, construction, and installation issues. 
Identify any unique construction and installation issues.
    (iii) Sites must be controlled by the small business for the 
proposed project life or for the financing term of any associated 
federal loans or loan guarantees.
    (iv) Where incinerators are used, they must conform to all EPA 
standards for incinerators or, in the case of State's with EPA-approved 
emissions guidelines, the applicable State incinerator and ambient air 
quality rules.
    (5) Project development schedule. The applicant must identify each 
significant task, its beginning and end, and its relationship to the 
time needed to initiate and carry the project through startup and 
shakedown. Provide a detailed description of the project timeline 
including resource assessment, system and site design, permits and 
agreements, equipment procurement, and system installation from 
excavation through startup and shakedown.
    (6) Financial feasibility. The applicant must provide a study that 
describes costs and revenues of the proposed project to demonstrate the 
financial performance of the project. Provide a detailed analysis and 
description of project costs including project management, resource 
assessment, project design, project permitting, land agreements, 
equipment, site preparation, system installation, startup and 
shakedown, warranties, insurance, financing, professional services, and 
operations and maintenance costs. Provide a detailed analysis and 
description of annual project revenues and expenses. Provide a detailed 
description of applicable investment incentives, productivity 
incentives, loans, and grants.
    (7) Equipment procurement. The applicant must demonstrate that 
equipment required by the system is available and can be procured and 
delivered within the proposed project development schedule. Biomass 
systems may be constructed of components manufactured in more than one 
location. Provide a description of any unique equipment procurement 
issues such as scheduling and timing of component manufacture and 
delivery, ordering, warranties, shipping, receiving, and on-site 
storage or inventory.
    (8) Equipment installation. The applicant must fully describe the 
management of and plan for site development and system installation, 
provide details regarding the scheduling of major installation 
equipment needed for project construction, and provide a description of 
the startup and

[[Page 28119]]

shakedown specification and process and the conditions required for 
startup and shakedown for each equipment item individually and for the 
system as a whole.
    (9) Operations and maintenance. The applicant must identify the 
operations and maintenance requirements of the system necessary for the 
system to operate as designed over the design life. The applicant must:
    (i) Provide information regarding available system and component 
warranties and availability of spare parts;
    (ii) For systems having a biomass input capacity exceeding 10 tons 
of biomass per day,
    (A) Describe the routine operations and maintenance requirements of 
the proposed system, including maintenance schedule for the mechanical, 
piping, and electrical systems and system monitoring and control 
requirements. Provide information that supports expected design life of 
the system and timing of major component replacement or rebuilds; and
    (B) Discuss the costs and labor associated with operations and 
maintenance of system and plans for in or outsourcing. Describe 
opportunities for technology transfer for long term project operations 
and maintenance by a local entity or owner/operator; and
    (C) Provide and discuss the risk management plan for handling 
large, unanticipated failures or major components. Include in the 
discussion, costs and labor associated with operations and maintenance 
of system and plans for in-sourcing or out-sourcing.
    (10) Decommissioning. When uninstalling or removing the project, 
describe the decommissioning process. Describe any issues, 
requirements, and costs for removal and disposal of the system.

P. Evaluation of Application

    In addition to the requirements specified in Sec.  4279.165(a), the 
Agency will determine a project's technical feasibility, including its 
ability to destroy or deactivate prions and produce a source of energy, 
based on the information provided by the applicant and on other sources 
of information, such as recognized industry experts in the applicable 
technology field, as necessary, to determine technical feasibility of 
the proposed project. The environmental procedures, including the 
emergency procedures described in Sec.  1940.332(b), will be utilized.

Q. Loan Approval and Obligating Funds

    When issuing a Conditional Commitment under Sec.  4279.173(a), one 
of the conditions shall be that the project receiving guaranteed loan 
funds under this Pilot Program will be in compliance with all 
applicable State environmental laws and regulations.

R. Domestic Lamb Industry Adjustment Assistance Program Set Aside

    Section 4279.175 is not applicable.

S. Routine Servicing

    In addition to complying with the requirements in part 4287, 
subpart B, once the renewable energy project has been constructed, the 
lender must provide the Agency periodic reports from the borrower 
commencing the first full calendar year following the year in which 
project construction was completed and continuing for the life of the 
project. The borrower's reports will include, but not be limited to, 
the information specified in the following paragraphs, as applicable.
    (a) The actual amount of energy produced in BTUs, kilowatts, or 
similar energy equivalents (first 3 full years after project 
construction completed).
    (b) If applicable, documentation that identified health and/or 
sanitation problem has been solved (for the life of the project).
    (c) The annual income and/or energy savings of the renewable energy 
system (first 3 full years after project construction completed).
    (d) A summary of the cost of operating and maintaining the facility 
(first 3 full years after project construction completed).
    (e) Description of any maintenance or operational problems 
associated with the facility (for the life of the project).
    (f) Recommendations for development of future similar projects (for 
the life of the project).
    (g) The amount (pounds) separately of specified risk materials, 
non-ambulatory cattle, and other cattle deemed to be a risk of carrying 
BSE processed (for the life of the project).
    (h) Demonstration that the project is and has been in compliance 
with all applicable State environmental laws and regulations (for the 
life of the project).

T. Transfer and Assumption

    In complying with the requirements in Sec.  4287.134, loans to 
provide additional funds in connection with a transfer and assumption 
must be considered as a new loan application under Sec.  4279.161.

U. Forms

    This Pilot Program relies on numerous existing forms in the 
Business and Industry Guaranteed Loan program. These forms are to be 
used for the Pilot Program as they currently exist and as approved by 
the Office of Management and Budget, except as follows:
    (a) Lender's Agreement (Form 4279-4).
    (1) Section I, Item B, is applicable with the addition that 
negligent servicing includes any instance where a lender fails to 
ensure that all environmental laws are being complied with by an 
operation receiving guaranteed loan funds under this Pilot Program.
    (2) Section III, Item A.2, is not applicable.
    (b) Loan Note Guarantee (Form 4279-5), Section 3, Full Faith and 
Credit, under Conditions of Guarantee is applicable with the addition 
that negligent servicing includes any instance where a lender fails to 
ensure that all environmental laws are being complied with by an 
operation receiving guaranteed loan funds under this Pilot Program.

    Dated: May 12, 2004.
Gilbert G. Gonzalez, Jr.,
Acting Under Secretary.
[FR Doc. 04-11244 Filed 5-17-04; 8:45 am]
BILLING CODE 3410-XY-P