Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Notices 13349 

sheets, invoices, written price 

quotations, and other documents related 

to the program that are within the 

control of such advanced biofuel 

producer for not less than three years 

from each Program payment date. 

(4) Exception authority. The 

provisions of 7 CFR 4288.107 apply to 

this Notice. 

C. Environmental review. Rural 

Development’s compliance with the 

National Environmental Policy Act of 

1969 (NEPA) is implemented in its 

regulations at 7 CFR part 1940, subpart 

G. The Agency has reviewed the 

circumstances under which financial 

assistance may be provided under this 

Program and has determined that 

proposals that do not involve additional 

facility construction fall within the 

categorical exclusion from NEPA 

reviews provided for in 7 CFR 

1940.310(c)(1). Applicants whose 

proposal involves additional facility 

construction should provide Form RD 

1940–20, ‘‘Request for Environmental 

Information,’’ as part of their 

application. Rural Development will 

then determine whether the proposal is 

categorically excluded under 7 CFR 

1940.310(c)(1) or whether additional 

actions are necessary to comply with 7 

CFR part 1940, subpart G. 

VI. Agency Contacts 

For assistance on this payment 

program, please contact a USDA Rural 

Development Energy Coordinator, as 

provided in the SUPPLEMENTARY

INFORMATION section of this Notice, or 

Diane Berger, USDA Rural 

Development, 1400 Independence 

Avenue, SW., Room 6865, STOP 3225, 

Washington, DC 20250. Telephone: 

(202) 260–1508. Fax: (202) 720–2213. 

Email: diane.berger@wdc.usda.gov. 

VII. 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. 2011–5573 Filed 3–10–11; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF AGRICULTURE 

Rural Business-Cooperative Service 

Rural Utilities Service 

Notice of Funding Availability (NOFA) 

for Repowering Assistance Payments 

to Eligible Biorefineries 

AGENCY: Rural Business-Cooperative 

Service and Rural Utilities Service, 

USDA. 

ACTION: Notice. 

SUMMARY: This Notice announces the 

acceptance of applications for payments 

to eligible biorefineries to encourage the 

use of renewable biomass as a 

replacement fuel source for fossil fuels 

used to provide process heat or power 

in the operation of these eligible 

biorefineries. To be eligible for 

payments, biorefineries must have been 

in existence on June 18, 2008. The 

Notice announces the availability of at 

least $25 million to make payments to 

eligible biorefineries in Fiscal Year 

2011, in addition to any carry-over 

funds from Fiscal Year 2010. 

DATES: Applications for participating in 

this program for Fiscal Year 2011 will 

be accepted from March 11, 2011 

through June 9, 2011. Applications 

received after June 9, 2011, regardless of 

their postmark, will not be considered 

for Fiscal Year 2011 payments. If the 

actual deadline falls on a weekend or a 

Federally-observed holiday, the 

deadline is the next Federal business 

day. 

ADDRESSES: Application materials may 

be obtained by contacting USDA, Rural 

Development-Energy Division, Program 

Branch, Attention: Repowering 

Assistance Program, 1400 Independence 

Avenue, SW., Stop 3225, Washington, 

DC 20250–3225. 

Submit applications to USDA, Rural 

Development-Energy Division, Program 

Branch, Attention: Repowering 

Assistance Program, 1400 Independence 

Avenue, SW., Stop 3225, Washington, 

DC 20250–3225. 

FOR FURTHER INFORMATION CONTACT: For 

further information on this payment 

program, 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. 

SUPPLEMENTARY INFORMATION: 

Paperwork Reduction Act 

The information collection 

requirements contained in the Notice of 

Funds Availability for the Section 9004 

Repowering Assistance Payments to 

Eligible Biorefineries program published 

on June 12, 2009, were approved by the 

Office of Management and Budget 

(OMB) under emergency clearance 

procedures and assigned OMB Control 

Number 0570–0058. As noted in the 

June 12, 2009 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, having 

determined that providing for public 

comment under the normal procedure 

would unduly delay the provision of 

benefits associated with 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 

no comments 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). 

Payment Proposal Title: Repowering 

Assistance Program. 

Announcement Type: Initial 

announcement. 

Catalog of Federal Domestic 

Assistance Number. The CFDA number 

for this Notice is 10.866. 

DATES: The Repowering Assistance 

Program application period for Fiscal 

Year 2011 is March 11, 2011 to June 9, 

2011. 

Availability of Notice and Rule. This 

Notice and the interim rule for the 

Repowering Assistance Program are 

available on the USDA Rural 


srobinson on DSKHWCL6B1PROD with NOTICES
13350 Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Notices 

Development Web site at http:// 

www.rurdev.usda.gov/bcp_repowering

assistance.html and at http:// 

www.rurdev.usda.gov/rbs/busp/

bprogs.htm. 

I. Funding Opportunity Description 

A. Purpose of the Program. The 

purpose of this program is to provide 

financial incentives to biorefineries in 

existence on June 18, 2008, the date of 

the enactment of the Food, 

Conservation, and Energy Act of 2008 

(the 2008 Farm Bill) (Pub. L. 110–246), 

to replace the use of fossil fuels used to 

produce heat or power at their facilities 

by installing new systems that use 

renewable biomass, or to produce new 

energy from renewable biomass. 

B. Statutory Authority. This program 

is authorized under Title IX, Section 

9001, of the Food, Conservation, and 

Energy Act of 2008 (Pub. L. 110–246). 

C. Definition of Terms. The 

definitions applicable to this Notice are 

published at 7 CFR 4288.2. 

II. Award Information 

A. Available funds. The Agency is 

authorizing at least $25 million for this 

program in Fiscal Year 2011, in addition 

to any carry-over funds from Fiscal Year 

2010. 

B. Number of payments. The number 

of payments will depend on the number 

of participating biorefineries. 

C. Amount of payments. The Agency 

will determine the amount of payments 

to be made to a biorefinery taking into 

consideration the percentage reduction 

in fossil fuel used by the biorefinery 

(including the quantity of fossil fuels a 

renewable biomass system is replacing) 

and the cost and cost-effectiveness of 

the renewable biomass system. 

D. Payment limitations. There is no 

minimum payment amount that an 

individual biorefinery can receive. The 

maximum amount an individual 

biorefinery can receive under this 

Notice is 50 percent of total eligible 

project costs up to a maximum of $5 

million. 

E. Project costs. Eligible project costs 

will be only for project related 

construction costs for repowering 

improvements associated with the 

equipment, installation, engineering, 

design, site plans, associated 

professional fees, permits and financing 

fees. Any project costs incurred by the 

applicant prior to application for 

payment assistance under this Notice 

will be ineligible for payment 

assistance. 

F. Type of instrument. Payment 

agreement. 

III. Eligibility Information 

A. Eligible applicants. To be eligible 

for this program, an applicant must be 

a biorefinery that has been in existence 

on June 18, 2008, utilizing only 

renewable biomass for replacement fuel. 

B. Ineligible projects. A project is not 

eligible under this Notice if it is using 

feedstocks for repowering that are feed 

grain commodities that received benefits 

under Title I of the Food, Conservation, 

and Energy Act of 2008. 

C. Other eligibility requirements. 

Multiple submissions. Corporations 

and entities with more than one 

biorefinery can submit an application 

for only one of their biorefineries. 

However, if a corporation or entity has 

multiple biorefineries located at the 

same location, the entity may submit an 

application that covers such 

biorefineries provided the heat and 

power used in the multiple biorefineries 

are centrally produced. 

Cost Effectiveness. To be eligible, the 

project must have a simple payback 

period of no more than 10 years (i.e., 

must be awarded at least 5 points for 

cost-effectiveness under 7 CFR 

4288.21(b)(1)). 

Percentage of reduction of fossil fuel 

use. To be eligible, the applicant must 

demonstrate that the repowering project 

has an anticipated annual reduction in 

fossil fuel use of at least 40 percent (i.e., 

the application must be awarded at least 

5 points for percentage of reduction of 

fossil fuel use under 7 CFR 

4288.21(b)(2)). 

Full project financing. The applicant 

must demonstrate that it has sufficient 

funds or has obtained commitments for 

sufficient funds to complete the 

repowering project taking into account 

the amount of the payment request in 

the application. 

IV. Fiscal Year 2011 Application and 

Submission Information 

A. To request applications. 

Application materials, including 

application forms, regulations, 

instructions, and other materials related 

to this program, are available from the 

USDA Rural Development State Office, 

Renewable Energy Coordinator and the 

USDA Rural Development Web site at 

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

BCP_RepoweringAssistance.html. 

B. Content and form of submission. 

Applicants must submit a signed 

original and one copy of an application 

containing all the information specified 

in 7 CFR 4288.20(b) and (c). 

C. Submission dates and times. 

Applications to participate in this 

program for Fiscal Year 2011 must be 

submitted between March 11, 2011 and 

June 9, 2011. Applications received after 

4:30 pm June 9, 2011, regardless of their 

postmark, will not be considered by the 

Agency for Fiscal Year 2011 payments. 

D. Payment provisions. Fiscal Year 

2011 payments will be made according 

to the provisions specified in 7 CFR 

4288.13(b) and (c) and in 7 CFR 

4288.24. 

V. Application Review and Selection 

Information 

The Agency will evaluate projects 

based on the cost, cost-effectiveness, 

and capacity of projects to reduce fossil 

fuels. The cost of the project will be 

taken into consideration in the context 

of each project’s ability to economically 

produce energy from renewable biomass 

to replace its dependence on fossil fuels. 

Projects with higher costs that are less 

efficient will not score well. The scoring 

criteria are designed to evaluate projects 

on simple payback as well as the 

percentage of fossil fuel reduction. 

A. Review. The Agency will review 

applications submitted under this 

Notice in accordance with 7 CFR 

4288.21(a). 

B. Scoring. The Agency will score 

applications submitted under this 

Notice in accordance with 7 CFR 

4288.21(b). 

C. Ranking and selecting applications. 

All scored applications will be ranked 

by the Agency as soon after June 9, 2011 

as possible. The Agency will consider 

the score an application has received 

compared to the scores of other 

applications in the priority list, with 

higher scoring applications receiving 

first consideration for payments. Using 

the application scoring criteria point 

values specified in 7 CFR 4288.21, the 

Agency will select applications for 

payments. 

D. Availability of funds. As 

applications are funded, if insufficient 

funds remain to pay the next highest 

scoring application, the Agency may 

elect to pay a lower scoring application. 

Before this occurs, the Agency will 

provide the applicant of the higher 

scoring application the opportunity to 

reduce the amount of its payment 

request to the amount of funds 

available. If the applicant agrees to 

lower its payment request, it must 

certify that the purposes of the project 

can be met, and the Agency must 

determine the project is feasible at the 

lower amount. 

VI. Administration Information 

A. Notice of eligibility. The provisions 

of 7 CFR 4288.23 apply to this Notice. 

These provisions include notifying an 

applicant determined to be eligible for 

participation and notifying an applicant 


srobinson on DSKHWCL6B1PROD with NOTICES
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