Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Notices 13351 

determined to be ineligible, including 

their application score and ranking and 

the score necessary to qualify for 

payments. 

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 

4288.3. 

(2) Compliance with other laws and 

regulations. The provisions of 7 CFR 

4288.4 apply to this Notice, which 

includes requiring participating 

biorefineries to be in compliance with 

other applicable Federal, State, and 

local laws. 

(3) Oversight and monitoring. The 

provisions of 7 CFR 4288.5(a) and (b) 

apply to this Notice, which includes the 

right of the Agency to verify all payment 

applications and subsequent payments 

and the requirement that each 

biorefinery must make available, at one 

place at all reasonable times for 

examination by the Agency, all books, 

documents, papers, receipts, payroll 

records, and bills of sale adequate to 

identify the purposes for which, and the 

manner in which, funds were expended 

for all eligible project costs for a period 

of not less than 3 years from the final 

payment date. 

(4) Reporting. Upon completion of the 

repowering project funded under this 

Notice, the biorefinery must submit a 

report, in accordance with 7 CFR 

4288.5(c), to the Agency annually for 

the first 3 years after completion of the 

project. The reports are to be submitted 

as of October 1 of each year. 

(5) Exception authority. The 

provisions of 7 CFR 4288.7 apply to this 

Notice. 

(6) Succession and control of facilities 

and production. The provisions of 7 

CFR 4288.25 apply to this Notice. 

C. Environmental review. All 

recipients under this Notice are subject 

to the requirements of 7 CFR Part 1940, 

subpart G. 

D. Fiscal Year 2009 and Fiscal Year 

2010 applications. Any entity that 

submitted to the Agency an application 

for payment under this program prior to 

the effective date of 7 CFR 4288, subpart 

A, will have their payments made and 

serviced in accordance with the 

provisions specified in 7 CFR 4288, 

subpart A. 

VII. Agency Contacts 

For further information about this 

Notice, please contact Fred Petok, 

USDA, Rural Development, Business 

Programs Energy Division, 1400 

Independence Avenue, SW., Room 

6870, STOP 3225, Washington, DC 

20250–3225. Telephone: 202–720–1400. 

E-mail: frederick.petok@wdc.usda.gov. 

VIII. 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 

lender. 

Dated: March 7, 2011. 

Cheryl L. Cook, 

Acting Under Secretary, Rural Development. 

[FR Doc. 2011–5574 Filed 3–10–11; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF AGRICULTURE 

Rural Business-Cooperative Service 

Rural Utilities Service 

Notice of Funds Availability (NOFA) 

Inviting Applications for the 

Biorefinery Assistance Program 

AGENCY: Rural Business-Cooperative 

Service and Rural Utilities Service, 

USDA. 

ACTION: Notice on funding availability. 

SUMMARY: This notice announces the 

acceptance of applications for funds 

available under the Biorefinery 

Assistance Program (the ‘‘Program’’) to 

provide guaranteed loans for the 

development and construction of 

commercial-scale biorefineries or for the 

retrofitting of existing facilities using 

eligible technology for the development 

of advanced biofuels. For Fiscal Year 

2011, there is only one round of 

competition. Applications must be 

received by May 10, 2011 to compete for 

Fiscal Year 2011 program funds. The 

Notice announces the availability of 

approximately $129 million in 

mandatory budget authority to support 

guaranteed loans under this Program in 

Fiscal Year 2011, in addition to any 

carry-over funds from Fiscal Year 2010. 

This budget authority represents 

approximately $463 million in program 

funds. 

DATES: Applications must be received in 

the USDA Rural Development National 

Office no later than 4:30 p.m. local time 

on May 10, 2011, to compete for Fiscal 

Year 2011 program funds. Any 

application received after 4:30 p.m. 

local time on May 10, 2011, regardless 

of the application’s postmark, will not 

be considered for Fiscal Year 2011 

program funds. If the actual deadline 

falls on a weekend or a Federallyobserved holiday, the deadline is the 

next Federal business day. 

ADDRESSES: Applications and forms may 

be obtained from: 

• U.S. Department of Agriculture, 

Rural Development, Energy Branch, 

Attention: BioRefinery Assistance 

Program, 1400 Independence Avenue, 

SW., STOP 3225, Washington, DC 

20250–3225. 

• Agency Web site: http:// 

www.rurdev.usda.gov/ 

BCP_Biorefinery.html. Follow 

instructions for obtaining the 

application and forms. 

Submit an original completed 

application with two copies to USDA’s 

Rural Development National Office: 

Energy Branch, Attention: BioRefinery 

Assistance Program, 1400 Independence 

Avenue, SW., STOP 3225, Washington, 

DC 20250–3225. 

FOR FURTHER INFORMATION CONTACT: 

Kelley Oehler, Energy Branch, 

Biorefinery Assistance Program, U.S. 

Department of Agriculture, 1400 

Independence Avenue, SW., Mail Stop 

3225, Washington, DC 20250–3225. 

Telephone: 202–720–6819. E-mail: 

kelley.oehler@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Paperwork Reduction Act 

The information collection 

requirements contained in the Notice of 

Funding Availability for the Section 

9003 Biorefinery Assistance Guaranteed 

Loan Program published on November 

28, 2008, were approved by the Office 

of Management Budget (OMB) under 

emergency clearance procedures and 

assigned OMB Control Number 0570– 

0055. As noted in the November 28, 

2008 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, and that 

providing for public comment under the 

normal procedure would unduly delay 

the provision of benefits associated with 


srobinson on DSKHWCL6B1PROD with NOTICES
13352 Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Notices 

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 one 

comment 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. 

Overview 

Federal Agency Name: Rural 

Business-Cooperative Service (an 

agency of the United States Department 

of Agriculture in the Rural Development 

mission area). 

Solicitation Opportunity Title: 

Biorefinery Assistance Program. 

Announcement Type: Initial 

announcement. 

Catalog of Federal Domestic 

Assistance Number. The CFDA number 

for this Notice is 10.865. 

Dates: Complete applications must be 

received in the USDA Rural 

Development National Office no later 

than 4:30 p.m. local time on May 10, 

2011, in order to be considered for 

Fiscal Year 2011 program funds. Any 

application received after 4:30 p.m. 

local time on May 10, 2011, regardless 

of the application’s postmark, will not 

be considered for Fiscal Year 2011 

program funds. 

Availability of Notice and Rule. This 

Notice and the interim rule for the 

Biorefinery Assistance Program are 

available on the USDA Rural 

Development Web site at http:// 

www.rurdev.usda.gov/ 

BCP_Biorefinery.html. 

I. Funding Opportunity Description 

A. Purpose of the Program. The 

purpose of this Program is to assist in 

the development and construction of 

commercial-scale biorefineries and the 

retrofitting of existing facilities using 

eligible technology for the development 

of advanced biofuels. The Agency will 

make guarantees available on loans for 

eligible projects that will provide for the 

development, construction, and/or 

retrofitting of commercial biorefineries 

using eligible technology, as defined in 

7 CFR 4279.202(a). 

B. Statutory Authority. This Program 

is authorized under Section 9003 of the 

Farm Security and Rural Investment Act 

of 2002 (FSRIA) (as amended by Section 

9001 of the Food, Conservation, and 

Energy Act of 2008 (2008 Farm Bill)). 

Regulations are contained in 7 CFR Part 

4279, subpart C and in 7 CFR Part 4287, 

subpart D. 

C. Definition of Terms. The 

definitions applicable to this Notice are 

published at 7 CFR 4279.202(a) and 7 

CFR 4287.302. 

For the purposes of this Notice, a 

local owner is defined as ‘‘An individual 

who owns any portion of an eligible 

advanced biofuel biorefinery and whose 

primary residence is located within 50 

miles of the biorefinery.’’ 

II. Award Information 

A. Type of Award: Guaranteed loan. 

B. Fiscal Year Funds: FY 2011. 

C. Funding Availability: This Notice 

provides approximately $129 million in 

mandatory budget authority for this 

Program in Fiscal Year 2011 to support 

loan guarantees, in addition to any 

carry-over funds from Fiscal Year 2010. 

This budget authority represents 

approximately $463 million in program 

funds, subject to the loan characteristics 

of the loan applications received. 

D. Approximate Number of Awards: 

4–5. 

E. Guaranteed loan funding: The 

provisions of 7 CFR part 4279.229 apply 

to this Notice. The borrower needs to 

provide the remaining funds from other 

non-Federal sources to complete the 

project. 

F. Guarantee and annual renewal 

fees. The guarantee and annual renewal 

fees specified in 7 CFR 4279.226 are 

applicable to this Notice. 

G. Anticipated Award Date: 

September 30, 2011. 

III. Eligibility Information 

A. Eligible lenders. To be eligible for 

this Program, lenders must meet the 

eligibility requirements in 7 CFR 

4279.202(c). 

B. Eligible borrowers. To be eligible 

for this Program, borrowers must meet 

the eligibility requirements in 7 CFR 

4279.227. 

C. Eligible projects. To be eligible for 

this Program, projects must meet the 

eligibility requirements in 7 CFR 

4279.228. 

D. Application completeness. 

Incomplete applications will be 

rejected. Lenders will be informed of the 

elements that made the application 

incomplete. If a resubmitted application 

is received in the USDA Rural 

Development’s National Office by 4:30 

p.m. May 10, 2011, the Agency will 

reconsider the application for Fiscal 

Year 2011 program funds. 

IV. Fiscal Year 2011 Application and 

Submission Information 

A. Application submittal. The lender 

must submit a separate application for 

each project for which a loan guarantee 

is sought under this Notice. It is 

recommended that applicants refer to 

the application guide for this program 

(‘‘Instructions for Application for Loan 

Guarantee—Section 9003 BioRefinery 

Assistance Loan Guarantees’’), which 

can be found on the Agency’s Web site 

at http://www.rurdev.usda.gov/ 

BCP_Biorefinery.html. 

B. Content and form of submission. 

Approved lenders must submit an 

Agency-approved application form for 

each loan guarantee sought under this 

Notice. Loan guarantee applications 

from approved lenders must contain the 

information specified in 7 CFR 

4279.261(a) through (n), organized 

pursuant to a table of contents in a 

chapter format, and in 7 CFR 

4279.261(o) as applicable. 

C. Submission dates and times. The 

original complete application must be 

received by the USDA Rural 

Development National Office no later 

than 4:30 p.m. local time by May 10, 

2011, regardless of the postmark date, in 

order to be considered for Fiscal Year 

2011 program funds. If the actual 

deadline falls on a weekend or a 

Federally-observed holiday, the 

deadline is the next Federal business 

day. 

D. Application withdrawal. During the 

period between the submission of an 

application under this Notice and the 

execution of documents, the lender 

must notify the Agency, in writing, if 

the project is no longer viable or the 

borrower is no longer requesting 

financial assistance for the project. 

When the lender so notifies the Agency, 

the selection will be rescinded or the 

application withdrawn. 

V. General Program Information 

A. Loan origination. Lenders seeking 

a loan guarantee under this Notice must 

comply with the provisions found in 7 

CFR 4279.202. 

B. Loan processing. The Agency will 

process loans guaranteed under this 

Notice in accordance with the 

provisions specified in 7 CFR 4279.224 

through 4279.290. 

For Fiscal Year 2011, refinancing, 

according to the provisions of 7 CFR 

4279.228(g), is an eligible project cost 

under 7 CFR 4279.229(e). 

C. Evaluation of applications and 

awards. Awards under this Notice will 

be made on a competitive basis; 

submission of an application neither 

reserves funding nor ensures funding. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Notices 13353 

The Agency will evaluate each complete 

application received in the USDA Rural 

Development National Office and will 

make awards using the provisions 

specified in 7 CFR 4279.265(a) 

through (f). 

A ranked application that is 

competed, but is not funded, will be 

carried forward to Fiscal Year 2012 to 

compete in the first competition in 

Fiscal Year 2012. 

In all instances in which a ranked 

application is not funded, the Agency 

will notify the lender in writing. If an 

application has been selected for 

funding, but has not been funded 

because additional information is 

needed, the Agency will notify the 

lender of what information is needed, 

including a timeframe for the lender to 

provide the information. If the lender 

does not provide the information within 

the specified timeframe, the Agency will 

remove the application from further 

consideration and will so notify the 

lender. 

D. Guaranteed loan servicing. The 

Agency will service loans guaranteed 

under this Notice in accordance with 

the provisions specified in 7 CFR 

4287.301 through 4287.307. 

E. Transfers and assumptions. The 

transfer fee rate for all transfers and 

assumptions that occur during Fiscal 

Year 2011 is 1 percent. The transfer fee 

will be equal to the transfer fee rate 

multiplied by the outstanding principal 

loan balance as of the date of the 

transfer multiplied by the percent of 

guarantee. 

VI. Administration Information 

A. Notifications. The Agency will 

notify, in writing, lenders whose 

applications have been selected for 

funding. If the Agency determines it is 

unable to guarantee the loan, the lender 

will be informed in writing. Such 

notification will include the reasons for 

denial of the guarantee. 

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 in accordance with 7 

CFR 4279.16. 

2. Exception authority. The provisions 

specified in 7 CFR 4279.202(b) and 7 

CFR 4287.303 apply to this Notice. 

C. Environmental review. The Agency 

has reviewed the types of applicant 

proposals that may qualify for assistance 

under this section and has determined, 

in accordance with 7 CFR Part 1940–G, 

that all proposals shall be reviewed as 

a Class II Environmental Assessment 

(EA) as the development of new and 

emerging technologies would not meet 

the classification of a Categorical 

Exclusion (CE) in accordance with 7 

CFR 1940.310 or a Class I EA in 

accordance with 7 CFR 1940.311. 

Furthermore, if after Agency review of 

proposals the Agency has determined 

that the proposal could result in 

significant environmental impacts on 

the quality of the human environment, 

an Environmental Impact Statement 

may be required pursuant to 7 CFR 

1940.313. 

VII. Agency Contacts 

For general questions about this 

Notice, please contact Kelley Oehler, 

Energy Branch, Biorefinery Assistance 

Program, U.S. Department of 

Agriculture, 1400 Independence 

Avenue, SW., Mail Stop 3225, 

Washington, DC, 20250–3225. 

Telephone: 202–720–6819. E-mail: 

kelley.oehler@wdc.usda.gov. 

Nondiscrimination Statement 

The U.S. Department of Agriculture 

(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 

lender. 

Dated: March 7, 2011. 

Cheryl L. Cook, 

Acting Under Secretary, Rural Development. 

[FR Doc. 2011–5575 Filed 3–10–11; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF COMMERCE 

[Docket No. 110228173–1173–01] 

RIN 0605–XA34 

Department of Commerce FY 2011– 

2016 Strategic Plan 

AGENCY: Department of Commerce. 

ACTION: Request for comment. 

SUMMARY: The Department of Commerce 

(Department) is updating its current FY 

2007–2012 Strategic Plan. As part of this 

process, the Department is inviting 

comments on its draft FY 2011–2016 

Strategic Plan to comply with the 

Government Performance and Results 

Act of 1993 (GPRA), as well as the 

recently enacted GPRA Modernization 

Act. 

DATES: Public comments on the draft 

Strategic Plan must be entered through 

the Federal eRulemaking Portal or 

received at the appropriate mailing or email address (see ADDRESSES) no later 

than April 11, 2011. 

ADDRESSES: Please submit comments 

through the Federal eRulemaking Portal 

at http://www.regulations.gov. 

Attachments to electronic comments 

may be submitted in Microsoft Word, 

Excel, or Adobe PDF formats. 

Commenters who do not have access to 

the Internet may mail comments to Mr. 

Stephen Shapiro, Office of the Deputy 

Secretary, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW., Room 5312, Washington, DC 

20230. While on-line submission is 

preferred, comments may also be 

submitted via e-mail to 

sshapiro@doc.gov. Comments that are 

mailed or e-mailed also become part of 

the public record and will generally be 

posted to http://www.regulations.gov/ 

with all identifying information (name, 

address, affiliation) that is voluntarily 

submitted. Anonymous comments may 

be submitted on-line by entering ‘‘N/A’’ 

in identification fields. Please do not 

submit proprietary or other sensitive 

information you do not want made 

public. 

The Department’s current and draft 

Strategic Plans are posted at http:// 

www.osec.doc.gov/bmi/budget/. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Stephen Shapiro, phone 202–482–3700, 

fax 202–482–2903, e-mail 

sshapiro@doc.gov. 

SUPPLEMENTARY INFORMATION: Under the 

Government Performance and Results 

Act of 1993 (GPRA), as well as the 

recently enacted GPRA Modernization 

Act, each Federal agency must develop 

a strategic plan describing the agency’s 

mission and strategic goals, and the 

means and strategies that will be used 

to achieve them. The plan must describe 

the relationship between annual 

performance goals and the agency’s 

strategic goal framework. Annual 

performance plans for implementing the 

strategic plan are documented as 

elements of the Department’s budget 

justifications. A key part of the statutory 


srobinson on DSKHWCL6B1PROD with NOTICES