[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Notices]
[Pages 13351-13353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5575]


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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.

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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 
Federally-observed holiday, the deadline is the next Federal business 
day.

ADDRESSES: Applications and forms may be obtained from:
    <bullet> U.S. Department of Agriculture, Rural Development, Energy 
Branch, Attention: BioRefinery Assistance Program, 1400 Independence 
Avenue, SW., STOP 3225, Washington, DC 20250-3225.
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#e78c828b8b829ec988828f8b8295a7908384c992948386c9808891"><span class="__cf_email__" data-cfemail="cba0aea7a7aeb2e5a4aea3a7aeb98bbcafa8e5beb8afaae5aca4bd">[email protected]</span></a>.

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

[[Page 13352]]

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.

[[Page 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: 
<a href="/cdn-cgi/l/email-protection#8fe4eae3e3eaf6a1e0eae7e3eafdcff8ebeca1fafcebeea1e8e0f9"><span class="__cf_email__" data-cfemail="7219171e1e170b5c1d171a1e1700320516115c070116135c151d04">[email protected]</span></a>.

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


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