This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

24865 

Vol. 75, No. 87 

Thursday, May 6, 2010 

DEPARTMENT OF AGRICULTURE 

Rural Business-Cooperative Service 

Notice of Contract Proposal (NOCP) for 

Payments to Eligible Advanced Biofuel 

Producers 

AGENCY: Rural Business-Cooperative 

Service, USDA. 

ACTION: Notice. 

SUMMARY: This Notice announces the 

acceptance of applications to enter into 

Contracts to make payments to Eligible 

Advanced Biofuel Producers under the 

Bioenergy Program for Advanced 

Biofuels to support and ensure an 

expanding production of Advanced 

Biofuels. Under this Notice, 

applications will be accepted for 

Biorefineries that produce 

transportation fuels that meet the 

Renewable Fuel Standard or are 

currently undergoing an appeal to the 

U.S. Environmental Protection Agency 

for inclusion in the Renewable Fuel 

Standard, or that produce nontransportation renewable energy that 

results in a reduction in greenhouse 

gases. The Agency will authorize up to 

$40 million in funding for this program 

for fiscal year (FY) 2010. 

DATES: Applications for participating in 

this program for Fiscal Year 2010 must 

be received between May 6, 2010 and 

July 6, 2010. 

ADDRESSES: Application materials may 

be obtained by contacting the USDA, 

Rural Development State Office, 

Renewable Energy Coordinator. Submit 

applications to the Rural Development 

State Office in the State in which the 

applicant’s principal office is located. 

USDA Rural Development State 

Renewable Energy Coordinators 

Note: Telephone numbers listed are not 

toll-free. 

Alabama 

Quinton Harris, USDA Rural 

Development, Sterling Centre, Suite 

601, 4121 Carmichael Road, 

Montgomery, AL 36106–3683, (334) 

279–3623, 

Quinton.Harris@al.usda.gov. 

Alaska 

Dean Stewart, USDA Rural 

Development, 800 West Evergreen, 

Suite 201, Palmer, AK 99645–6539, 

(907) 761–7722, 

dean.stewart@ak.usda.gov. 

Arizona 

Alan Watt, USDA Rural Development, 

230 North First Avenue, Suite 206, 

Phoenix, AZ 85003–1706, (602) 280– 

8769, Alan.Watt@az.usda.gov. 

Arkansas 

Tim Smith, USDA Rural Development, 

700 West Capitol Avenue, Room 3416, 

Little Rock, AR 72201–3225, (501) 

301–3280, Tim.Smith@ar.usda.gov. 

California 

Philip Brown, USDA Rural 

Development, 430 G Street, #4169, 

Davis, CA 95616, (530) 792–5811, 

Philip.brown@ca.usda.gov. 

Colorado 

April Dahlager, USDA Rural 

Development, 655 Parfet Street, Room 

E–100, Lakewood, CO 80215, (720) 

544–2909, 

april.dahlager@co.usda.gov. 

Connecticut 

Charles W. Dubuc, USDA Rural 

Development, 451 West Street, Suite 

2, Amherst, MA 01002, (401) 826– 

0842 X 306, 

Charles.Dubuc@ma.usda.gov. 

Delaware 

Bruce Weaver, USDA Rural 

Development, 1221 College Park 

Drive, Suite 200, Dover, DE 19904, 

(302) 857–3626, 

Bruce.Weaver@de.usda.gov. 

Federated States of Micronesia 

Tim O’Connell, USDA Rural 

Development, Federal Building, Room 

311, 154 Waianuenue Avenue, Hilo, 

HI 96720, (808) 933–8313, 

Tim.Oconnell@hi.usda.gov. 

Florida 

Joe Mueller, USDA Rural Development, 

4440 NW. 25th Place, Gainesville, FL 

32606, (352) 338–3482, 

joe.mueller@fl.usda.gov. 

Georgia 

J. Craig Scroggs, USDA Rural 

Development, 111 E. Spring St., Suite 

B, Monroe, GA 30655, Phone 770– 

267–1413 ext. 113, 

craig.scroggs@ga.usda.gov. 

Guam 

Tim O’Connell, USDA Rural 

Development, Federal Building, Room 

311, 154 Waianuenue Avenue, Hilo, 

HI 96720, (808) 933–8313, 

Tim.Oconnell@hi.usda.gov. 

Hawaii 

Tim O’Connell, USDA Rural 

Development, Federal Building, Room 

311, 154 Waianuenue Avenue, Hilo, 

HI 96720, (808) 933–8313, 

Tim.Oconnell@hi.usda.gov. 

Idaho 

Brian Buch, USDA Rural Development, 

9173 W. Barnes Drive, Suite A1, 

Boise, ID 83709, (208) 378–5623, 

Brian.Buch@id.usda.gov. 

Illinois 

Molly Hammond, USDA Rural 

Development, 2118 West Park Court, 

Suite A, Champaign, IL 61821, (217) 

403–6210, 

Molly.Hammond@il.usda.gov. 

Indiana 

Jerry Hay, USDA Rural Development, 

2411 N. 1250 W., Deputy, IN 47230, 

(812) 873–1100, 

Jerry.Hay@in.usda.gov. 

Iowa 

Teresa Bomhoff, USDA Rural 

Development, 873 Federal Building, 

210 Walnut Street, Des Moines, IA 

50309, (515) 284–4447, 

teresa.bomhoff@ia.usda.gov. 

Kansas 

David Kramer, USDA Rural 

Development, 1303 SW First 

American Place, Suite 100, Topeka, 

KS 66604–4040, (785) 271–2744, 

david.kramer@ks.usda.gov. 

Kentucky 

Scott Maas, USDA Rural Development, 

771 Corporate Drive, Suite 200, 

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Lexington, KY 40503, (859) 224–7435, 

scott.maas@ky.usda.gov. 

Louisiana 

Kevin Boone, USDA Rural 

Development, 905 Jefferson Street, Suite 

320, Lafayette, LA 70501, (337) 262– 

6601, Ext. 133, 

Kevin.Boone@la.usda.gov. 

Maine 

John F. Sheehan, USDA Rural 

Development, 967 Illinois Avenue, Suite 

4, P.O. Box 405, Bangor, ME 04402– 

0405, (207) 990–9168, 

john.sheehan@me.usda.gov. 

Maryland 

Bruce Weaver, USDA Rural 

Development, 1221 College Park Drive, 

Suite 200, Dover, DE 19904, (302) 857– 

3626, Bruce.Weaver@de.usda.gov. 

Massachusetts 

Charles W. Dubuc, USDA Rural 

Development, 451 West Street, Suite 2, 

Amherst, MA 01002, (401) 826–0842 X 

306, Charles.Dubuc@ma.usda.gov. 

Michigan 

Traci J. Smith, USDA Rural 

Development, 3001 Coolidge Road, 

Suite 200, East Lansing, MI 48823, (517) 

324–5157, Traci.Smith@mi.usda.gov. 

Minnesota 

Lisa L. Noty, USDA Rural 

Development, 1400 West Main Street, 

Albert Lea, MN 56007, (507) 373–7960 

Ext. 120, lisa.noty@mn.usda.gov. 

Mississippi 

G. Gary Jones, USDA Rural 

Development, Federal Building, Suite 

831, 100 West Capitol Street, Jackson, 

MS 39269, (601) 965–5457, 

george.jones@ms.usda.gov. 

Missouri 

Matt Moore, USDA Rural 

Development, 601 Business Loop 70 

West, Parkade Center, Suite 235, 

Columbia, MO 65203, (573) 876–9321, 

matt.moore@mo.usda.gov. 

Montana 

John Guthmiller, USDA Rural 

Development, 900 Technology Blvd., 

Unit 1, Suite B, P.O. Box 850, Bozeman, 

MT 59771, (406) 585–2540, 

John.Guthmiller@mt.usda.gov. 

Nebraska 

Debra Yocum, USDA Rural 

Development, 100 Centennial Mall 

North, Room 152, Federal Building, 

Lincoln, NE 68508, (402) 437–5554, 

Debra.Yocum@ne.usda.gov. 

Nevada 

Herb Shedd, USDA Rural 

Development, 1390 South Curry Street, 

Carson City, NV 89703, (775) 887–1222, 

herb.shedd@nv.usda.gov. 

New Hampshire 

Cheryl Ducharme, USDA Rural 

Development, 89 Main Street, 3rd Floor, 

Montpelier, VT 05602, 802–828–6083, 

cheryl.ducharme@vt.usda.gov. 

New Jersey 

Victoria Fekete, USDA Rural 

Development, 8000 Midlantic Drive, 5th 

Floor North, Suite 500, Mt. Laurel, NJ 

08054, (856) 787–7752, 

Victoria.Fekete@nj.usda.gov. 

New Mexico 

Jesse Bopp, USDA Rural 

Development, 6200 Jefferson Street, NE., 

Room 255, Albuquerque, NM 87109, 

(505) 761–4952, 

Jesse.bopp@nm.usda.gov. 

New York 

Scott Collins, USDA Rural 

Development, 9025 River Road, Marcy, 

NY 13403, (315) 736–3316, Ext. 4, 

Scott.Collins@ny.usda.gov. 

North Carolina 

David Thigpen, USDA Rural 

Development, 4405 Bland Rd. Suite 260, 

Raleigh, NC 27609, 919–873–2065, 

David.Thigpen@nc.usda.gov. 

North Dakota 

Dennis Rodin, USDA Rural 

Development, Federal Building, Room 

208, 220 East Rosser Avenue, P.O. Box 

1737, Bismarck, ND 58502–1737, (701) 

530–2068, Dennis.Rodin@nd.usda.gov. 

Ohio 

Randy Monhemius, USDA Rural 

Development, Federal Building, Room 

507, 200 North High Street, Columbus, 

OH 43215–2418, (614) 255–2424, 

Randy.Monhemius@oh.usda.gov. 

Oklahoma 

Jody Harris, USDA Rural 

Development, 100 USDA, Suite 108, 

Stillwater, OK 74074–2654, (405) 742– 

1036, Jody.harris@ok.usda.gov. 

Oregon 

Don Hollis, USDA Rural 

Development, 1229 SE Third Street, 

Suite A, Pendleton, OR 97801–4198, 

(541) 278–8049, Ext. 129, 

Don.Hollis@or.usda.gov. 

Pennsylvania 

Bernard Linn, USDA Rural 

Development, One Credit Union Place, 

Suite 330, Harrisburg, PA 17110–2996, 

(717) 237–2182, 

Bernard.Linn@pa.usda.gov. 

Puerto Rico 

Luis Garcia, USDA Rural 

Development, IBM Building, 654 Munoz 

Rivera Avenue, Suite 601, Hato Rey, PR 

00918–6106, (787) 766–5091, Ext. 251, 

Luis.Garcia@pr.usda.gov. 

Republic of Palau 

Tim O’Connell, USDA Rural 

Development, Federal Building, Room 

311, 154 Waianuenue Avenue, Hilo, HI 

96720, (808) 933–8313, 

Tim.Oconnell@hi.usda.gov. 

Republic of the Marshall Islands 

Tim O’Connell, USDA Rural 

Development, Federal Building, Room 

311, 154 Waianuenue Avenue, Hilo, HI 

96720, (808) 933–8313, 

Tim.Oconnell@hi.usda.gov. 

Rhode Island 

Charles W. Dubuc, USDA Rural 

Development, 451 West Street, Suite 2, 

Amherst, MA 01002, (401) 826–0842 X 

306, Charles.Dubuc@ma.usda.gov. 

South Carolina 

Shannon Legree, USDA Rural 

Development, Strom Thurmond Federal 

Building, 1835 Assembly Street, Room 

1007, Columbia, SC 29201, (803) 253– 

3150, Shannon.Legree@sc.usda.gov. 

South Dakota 

Douglas Roehl, USDA Rural 

Development, Federal Building, Room 

210, 200 4th Street, SW., Huron, SD 

57350, (605) 352–1145, 

doug.roehl@sd.usda.gov. 

Tennessee 

Will Dodson, USDA Rural 

Development, 3322 West End Avenue, 

Suite 300, Nashville, TN 37203–1084, 

(615) 783–1350, 

will.dodson@tn.usda.gov. 

Texas 

Daniel Torres, USDA Rural 

Development, Federal Building, Suite 

102, 101 South Main Street, Temple, TX 

76501, (254) 742–9756, 

Daniel.Torres@tx.usda.gov. 

Utah 

Roger Koon, USDA Rural 

Development, Wallace F. Bennett 

Federal Building, 125 South State 

Street, Room 4311, Salt Lake City, UT 

84138, (801) 524–4301, 

Roger.Koon@ut.usda.gov. 

Vermont 

Cheryl Ducharme, USDA Rural 

Development, 89 Main Street, 3rd Floor, 

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Montpelier, VT 05602, 802–828–6083, 

cheryl.ducharme@vt.usda.gov. 

Virginia 

Laurette Tucker, USDA Rural 

Development, Culpeper Building, Suite 

238, 1606 Santa Rosa Road, Richmond, 

VA 23229, (804) 287–1594, 

Laurette.Tucker@va.usda.gov. 

Virgin Islands 

Joe Mueller, USDA Rural 

Development, 4440 NW. 25th Place, 

Gainesville, FL 32606, (352) 338–3482, 

joe.mueller@fl.usda.gov. 

Washington 

Mary Traxler, USDA Rural 

Development, 1835 Black Lake Blvd. 

SW., Suite B, Olympia, WA 98512, (360) 

704–7762, Mary.Traxler@wa.usda.gov. 

West Virginia 

Richard E. Satterfield, USDA Rural 

Development, 75 High Street, Room 320, 

Morgantown, WV 26505–7500, (304) 

284–4874, 

Richard.Satterfield@wv.usda.gov. 

Wisconsin 

Brenda Heinen, USDA Rural 

Development, 4949 Kirschling Court, 

Stevens Point, WI 54481, (715) 345– 

7615, Ext. 139, 

Brenda.Heinen@wi.usda.gov. 

Wyoming 

Jon Crabtree, USDA Rural 

Development, Dick Cheney Federal 

Building, 100 East B Street, Room 1005, 

P.O. Box 11005, Casper, WY 82602, 

(307) 233–6719, 

Jon.Crabtree@wy.usda.gov. 

FOR FURTHER INFORMATION CONTACT: For 

further information on this program, 

please contact the USDA Rural 

Development State Renewable Energy 

Coordinator for your respective State, as 

provided in the Addresses section of 

this Notice. 

SUPPLEMENTARY INFORMATION: On June 

12, 2009, the Agency published a Notice 

of Contract Proposals (NOCP) and 

Solicitation of Applications in the 

Federal Register announcing policy and 

application procedures for the 

Bioenergy Program for Advanced 

Biofuels. In a Notice published March 

12, 2010, the Agency notified applicants 

from the prior Notice of the availability 

an additional payment for all applicants 

determined eligible. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act, the paperwork burden 

associated with this Notice of Contract 

for Proposal (Notice) has been approved 

by the Office of Management and 

Budget (OMB) under OMB Control 

Number 0570–0057. 

The PRA burden associated with the 

original Notice, published on June 12, 

2009, was approved by OMB, with an 

opportunity to comment on the burden 

associated with the program. 

Advanced Biofuel Producers seeking 

funding under this Notice have to 

submit applications that include 

specified information, certifications, 

and agreements. All of the forms, 

information, certifications, and 

agreements required to apply for 

payments under this Notice have been 

authorized under OMB Control Number 

0570–0057. 

Overview Information 

Federal Agency Name. Rural 

Business-Cooperative Service. 

Contract Proposal Title. Advanced 

Biofuels Producer Payment Program. 

Announcement Type. Initial 

announcement. 

OMB Control Number: 0570–0057. 

Catalog of Federal Domestic 

Assistance (CFDA) Number. The CFDA 

number for this Notice is 10.078. 

Dates. The Advanced Biofuels 

Program Sign-up Period for Fiscal Year 

2010 is May 6, 2010 and July 6, 2010. 

Availability of Notice. This Notice is 

available on the USDA Rural 

Development Web site at http:// 

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

9005Biofuels.htm. 

I. Funding Opportunity Description 

A. Purpose of the Program. The 

purpose of this program is to support 

and ensure an expanding production of 

Advanced Biofuels by providing 

payments to Eligible Advanced Biofuel 

Producers. Implementing this program 

not only promotes the Agency’s mission 

for promoting sustainable economic 

development in rural America, but is an 

important part of achieving the 

Administration’s goals for increased 

biofuel production and use by providing 

economic incentives for the production 

of advanced biofuels. 

B. Statutory Authority. This program 

is authorized under Title IX, Section 

9001, of the Food, Conservation, and 

Energy Act of 2008 (Pub. L. 110–234). 

C. Definition of Terms. The following 

definitions are applicable to this Notice. 

Advanced biofuel. Fuel derived from 

Renewable Biomass, other than corn 

kernel starch, to include: 

(i) Biofuel derived from cellulose, 

hemicellulose, or lignin; 

(ii) Biofuel derived from sugar and 

starch (other than Ethanol derived from 

corn kernel starch); 

(iii) Biofuel derived from waste 

material, including crop residue, other 

vegetative waste material, animal waste, 

food waste, and yard waste; 

(iv) Diesel-equivalent fuel derived 

from Renewable Biomass, including 

vegetable oil and animal fat; 

(v) Biogas (including landfill gas and 

sewage waste treatment gas) produced 

through the conversion of organic 

matter from Renewable Biomass; 

(vi) Butanol or other Alcohols 

produced through the conversion of 

organic matter from Renewable 

Biomass; and 

(vi) Other fuel derived from cellulosic 

biomass. 

Advanced biofuel producer. An 

individual or legal entity, including, but 

not limited to, a corporation, company, 

foundation, association, labor 

organization, firm, partnership, society, 

joint stock company, group of 

organizations, or non-profit entity that 

produces an Advanced Biofuel. 

Agency. The Rural Business and 

Cooperative Service on behalf of the 

U.S. Department of Agriculture. 

Alcohol. Anhydrous ethyl Alcohol 

manufactured in the United States and 

its territories and sold either: 

(i) For fuel use, rendered unfit for 

beverage use, produced at a Biorefinery 

and in a manner approved by the 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives of the United States 

Department of Justice (ATF) for the 

production of Alcohol for fuel; or 

(ii) As denatured Alcohol used by 

blenders and refiners and rendered unfit 

for beverage use. 

Alcohol producer. An individual or 

legal entity, including, but not limited 

to, a corporation, company, foundation, 

association, labor organization, firm, 

partnership, society, joint stock 

company, group of organizations, or 

non-profit entity that is authorized by 

ATF to produce Alcohol. 

Base production. The quantity of 

Eligible Advanced Biofuels produced at 

an Advanced Biofuel Biorefinery as 

determined by the Agency under 

paragraphs (1) through (3), as 

applicable. An Advanced Biofuel 

Biorefinery’s Base Production cannot be 

transferred to another Advanced Biofuel 

Biorefinery. 

(1) If the Biorefinery has been in 

existence for 12 months or more prior to 

May 6, 2010, the Biorefinery’s Base 

Production for FY 2010 will be equal to 

the actual amount of Biofuel produced 

over that 12 month period. 

(2) If the Biorefinery has been in 

existence less than 12 months prior to 

May 6, 2010, the Biorefinery’s Base 

Production for the sign-up fiscal year 

will be equal to the quantity projected 

to be produced by the biorefinery’s 

producer as reported in Form RD 9005– 

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24868 Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices 

1, ‘‘Advanced Biofuel Payment Program 

Application.’’ 

(3) If the Advanced Biofuel 

Biorefinery will begin producing after 

May 6, 2010, the Biorefinery’s Base 

Production for FY 2010 will be equal to 

the quantity projected to be produced by 

the Biorefinery’s producer as reported in 

Form RD 9005–1. 

Biodiesel. A mono alkyl ester, 

manufactured in the United States and 

its territories, that meets the 

requirements of the appropriate 

American Society for Testing and 

Materials Standard (ASTM). 

Biofuel. Fuel derived from Renewable 

Biomass. 

Biorefinery. A facility (including 

equipment and processes) that converts 

Renewable Biomass into Biofuels and 

biobased products and may produce 

electricity. 

Certificate of Analysis. A document 

approved by the Agency that certifies 

the quality and purity of the Advanced 

Biofuel being produced. The document 

must be from a qualified, independent 

third party. 

Contract. The Advanced Biofuels 

Program Contract, or other form 

prescribed by the Agency. 

Eligible advanced biofuel producer. A 

producer of Advanced Biofuels that 

meets all requirements for program 

payments. 

Eligible renewable biomass. 

Renewable Biomass excluding corn 

kernel starch. 

Eligible renewable energy content. 

That portion of an Advanced Biofuel’s 

energy content derived from eligible 

Renewable Biomass feedstock. The 

energy content from any portion of the 

Biofuel, whether from, for example, 

blending with another fuel or a 

denaturant, that is derived from a nonEligible Renewable Biomass feedstock 

(e.g., corn kernel starch) is not eligible 

for payment under this program. 

Ethanol. Anhydrous ethyl Alcohol 

manufactured in the United States and 

its territories and sold either: 

(i) For fuel use, and which has been 

rendered unfit for beverage use and 

produced at a biofinery approved by the 

ATF for the production of Ethanol for 

fuel, or 

(ii) As denatured Ethanol used by 

blenders and energy refiners, which has 

been rendered unfit for beverage use. 

Ethanol producer. An individual or 

legal entity, including but is not limited 

to, a corporation, company, foundation, 

association, labor organization, firm, 

partnership, society, joint stock 

company, group of organizations, or 

non-profit entity that is authorized by 

ATF to produce ethanol. 

Fiscal Year (FY). A 12 month period 

beginning each October 1 and ending 

September 30 of the following calendar 

year. 

Incremental production. The quantity 

of Eligible Advanced Biofuel produced 

at an Advanced Biofuel Biorefinery that 

is in excess of that Biorefinery’s Base 

Production, except that for Advanced 

Biofuel Biorefineries that begin 

producing Eligible Advanced Biofuels 

after May 6, 2010. For such 

Biorefineries, production in excess of 

Base Production, as determined under 

paragraph (3) under the definition of 

Base Production, will not be treated as 

Incremental Production. 

Larger producer. Eligible producers 

with a refining capacity exceeding 

150,000,000 gallons of Advanced 

Biofuel per year. 

Payment application. Form RD 9005– 

3, ‘‘Advanced Biofuel Payment 

Program—Payment Request,’’ which is 

required in order to receive payments 

under this program. 

Quarter. The federal fiscal time period 

for any fiscal year as follows: 

(i) 1st Quarter: October 1 through 

December 31; 

(ii) 2nd Quarter: January 1 through 

March 31; 

(iii) 3rd Quarter: April 1 through June 

30; and 

(iv) 4th Quarter: July 1 through 

September 30. 

Renewable Biomass. 

(i) Materials, pre-commercial 

thinnings, or invasive species from 

National Forest System land and public 

lands (as defined in section 103 of the 

Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1702)) that: 

(A) Are byproducts of preventive 

treatments that are removed to reduce 

hazardous fuels; to reduce or contain 

disease or insect infestation; or to 

restore ecosystem health; 

(B) Would not otherwise be used for 

higher-value products; and 

(C) Are harvested in accordance with 

applicable law and land management 

plans and the requirements for oldgrowth maintenance, restoration, and 

management direction of paragraphs 

(e)(2), (e)(3), and (e)(4) and large-tree 

retention of paragraph (f) of section 102 

of the Healthy Forests Restoration Act of 

2003 (16 U.S.C. 6512); or 

(ii) Any organic matter that is 

available on a renewable or recurring 

basis from non-Federal land or land 

belonging to an Indian or Indian tribe 

that is held in trust by the United States 

or subject to a restriction against 

alienation imposed by the United States, 

including: 

(A) Renewable plant material, 

including feed grains; other agricultural 

commodities; other plants and trees; 

and algae; and 

(B) Waste material, including crop 

residue; other vegetative waste material 

(including wood waste and wood 

residues); animal waste and byproducts 

(including fats, oils, greases, and 

manure); and food waste and yard 

waste. 

Rural or rural area. Any area of a 

State not in a city or town that has a 

population of more than 50,000 

inhabitants, according to the latest 

decennial census of the United States, 

and the contiguous and adjacent 

urbanized area, and any area that has 

been determined to be ‘‘rural in 

character’’ by the Under Secretary for 

Rural Development, or as otherwise 

identified in this definition. In 

determining which census blocks in an 

urbanized area are not in a Rural Area, 

the Agency will exclude any cluster of 

census blocks that would otherwise be 

considered not in a Rural Area only 

because the cluster is adjacent to not 

more than two census blocks that are 

otherwise considered not in a Rural 

Area under this definition. 

(i) For the purposes of this definition, 

cities and towns are incorporated 

population centers with definite 

boundaries, local self government, and 

legal powers set forth in a charter 

granted by the State. 

(ii) For the Commonwealth of Puerto 

Rico, the island is considered rural and 

eligible for Business Programs 

assistance, except for the San Juan 

Census Designated Place (CDP) and any 

other CDP with greater than 50,000 

inhabitants. CDPs with greater than 

50,000 inhabitants, other than the San 

Juan CDP, may be determined to be 

eligible if they are ‘‘not urban in 

character.’’ Any such requests must be 

forwarded to the National Office, 

Business and Industry Division, with 

supporting documentation as to why the 

area is ‘‘not urban in character’’ for 

review, analysis, and decision by the 

Administrator, Business and 

Cooperative Programs. 

(iii) For the State of Hawaii, all areas 

within the State are considered rural 

and eligible for Business Programs 

assistance, except for the Honolulu CDP 

within the County of Honolulu. 

(iv) For the purpose of defining a 

Rural Area in the Republic of Palau, the 

Federated States of Micronesia, and the 

Republic of the Marshall Islands, the 

Agency shall determine what 

constitutes Rural and Rural Area based 

on available population data. 

(v) The determination that an area is 

‘‘rural in character’’ under this definition 

will be to areas that are within: 

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Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices 24869 

(A) An urbanized area that has two 

points on its boundary that are at least 

40 miles apart, which is not contiguous 

or adjacent to a city or town that has a 

population of greater than 150,000 

inhabitants or the urbanized area of 

such a city town; or 

(B) An urbanized area contiguous and 

adjacent to a city or town of greater than 

50,000 population that is within onequarter mile of a rural area. 

Sign-up period. The time period 

announced by the Agency in this Notice 

during which the Agency will accept 

program Contracts. 

Smaller producer. Eligible producers 

with a refining capacity of 150,000,000 

gallons or less of Advanced Biofuel per 

year. 

State. Any of the 50 states of the 

United States, the Commonwealth of 

Puerto Rico, the District of Columbia, 

the U.S. Virgin Islands, Guam, 

American Samoa, the Commonwealth of 

the Northern Mariana Islands, the 

Republic of Palau, the Federated States 

of Micronesia, and the Republic of the 

Marshall Islands. 

USDA. The United States Department 

of Agriculture. 

II. Funding Information 

A. Available Funds. Congress 

appropriated mandatory budget 

authority to this program as follows: $55 

million for FY 2009 and $55 million for 

FY 2010. However, in FY 2009, the 

program was allotted $30 million. The 

remaining FY 2009 funding of $25 

million will be used in FY 2010, and 

$15 million of new funding from FY 

2010. The Agency, therefore, will 

authorize up to $40 million in budget 

authority for this program for fiscal year 

(FY) 2010. 

B. Number of Payments. Under this 

notice, payments to participating 

Advanced Biofuel Producers will be 

made as follows for: 

(1) Actual production produced from 

October 1, 2009 to June 30, 2010; and 

(2) Actual production from July 1, 

2010 through September 30, 2010. 

The amount of payments made will 

depend on the number of eligible 

participating Advanced Biofuel 

Producers. 

C. Range of Amounts of Each 

Payment. The amount of each payment 

will depend on the number of Eligible 

Advanced Biofuel Producers 

participating in the program, the 

amount of Advanced Biofuels being 

produced by such Advanced Biofuel 

Producers, and the amount of funds 

available. 

D. Contract period. October 1, 2009 

through September 30, 2010. 

E. Type of Instrument. Payment. 

III. Eligibility Information 

This Notice contains eligibility 

requirements for Advanced Biofuel 

Producers seeking payments under this 

program. 

A. Applicant Eligibility 

To be eligible for this program, the 

applicant must be an Eligible Advanced 

Biofuel Producer, which is defined in 

this Notice as a producer of Advanced 

Biofuels who meets all requirements for 

program payments, and must meet the 

citizenship requirement specified in 

paragraph (1) or (2), as applicable, of 

this section. 

(1) If the applicant is an individual, 

the applicant must be a citizen or 

national of the United States (U.S.), the 

Republic of Palau, the Federated States 

of Micronesia, the Republic of the 

Marshall Islands, or American Samoa, 

or must reside in the U.S. after legal 

admittance for permanent residence. 

(2) If the applicant is an entity other 

than an individual, the applicant must 

be at least 51 percent owned by persons 

who are either citizens or nationals of 

the United States (U.S.), the Republic of 

Palau, the Federated States of 

Micronesia, the Republic of the 

Marshall Islands, or American Samoa, 

or legally admitted permanent residents 

residing in the U.S. When an entity 

owns an interest in the applicant, its 

citizenship will be determined by the 

citizenship of the individuals who own 

an interest in the entity or any subentity based on their ownership interest. 

(3) The Agency will determine an 

applicant’s eligibility for participation 

in this program. 

(4) If an applicant’s original submittal 

is not sufficient to verify an applicant’s 

eligibility, the Agency will notify the 

Advanced Biofuel Producer, in writing, 

as soon as practicable. This notification 

will identify, at a minimum, the 

additional information being requested 

to enable the Agency to determine the 

applicant’s eligibility and a timeframe 

in which to supply the information. 

(5) An otherwise Eligible Advanced 

Biofuel Producer will be determined to 

be ineligible if the Advanced Biofuel 

Producer: 

(i) Refuses to allow the Agency to 

verify any information provided by the 

Advanced Biofuel Producer under this 

program, including information for 

determining applicant eligibility, 

Advanced Biofuel eligibility, and 

application payments; or 

(ii) Fails to meet any of the conditions 

set out in this Notice, in the Contract, 

or in other program documents; or 

(iii) Fails to comply with all 

applicable Federal, State, or local laws. 

B. Biorefinery Eligibility Requirements 

To be eligible for program payments 

under this Notice, an otherwise Eligible 

Advanced Biofuel must: 

(1) Be either a transportation fuel that 

meets the Renewable Fuel Standard or 

are currently undergoing an appeal to 

the U.S. Environmental Protection 

Agency for inclusion in the Renewable 

Fuel Standard, or non-transportation 

renewable energy that results in a 

reduction in greenhouse gases; 

(2) Be produced at an Advanced 

Biofuel Biorefinery located in a Rural 

Area; and 

(3) If the biofuel is used on-site, there 

must be an Agency-approved system to 

verify the quantity of biofuel used onsite. 

In the case where an Agency receives 

an application that is undergoing an 

appeal before the U.S. Environmental 

Protection Agency for inclusion in the 

Renewable Fuel Standard, the Agency 

will be unable to finalize processing of 

the application until the appeal has 

been completed. 

C. Payment Eligibility 

To be eligible for program payments, 

an Advanced Biofuel Producer must 

maintain adequate records for FY 2010, 

quantifying: 

(1) Feedstock usage and Advanced 

Biofuel production for each Advanced 

Biofuel Biorefinery, and 

(2) All other records required to 

establish program eligibility and 

compliance. 

IV. Application and Submission 

Information 

A. Address To Request Applications 

Contract and Payment Application 

forms are available from the USDA, 

Rural Development State Office, 

Renewable Energy Coordinator. The list 

of Renewable Energy Coordinators is 

provided in the ADDRESSES section of 

this Notice. 

B. Content and Form of Submission 

Applicants must submit an original, 

signed hard copy of the Form RD 9005– 

1, ‘‘Advanced Biofuel Payment Program 

Annual Application,’’ required in this 

section to the Rural Development State 

Renewable Energy Coordinators in the 

State in which the Advanced Biofuel 

Producer’s principal office is located. A 

list of the Rural Development State 

Renewable Energy Coordinators is 

provided in the ADDRESSES section of 

this Notice. Applicants must submit to 

the Agency the following: 

(1) Form RD 9005–1, ‘‘Advanced 

Biofuel Payment Program Application.’’ 

This form requires an Advanced Biofuel 

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Producer seeking to participate in this 

program to provide information on the 

Advanced Biofuel Producer; the 

Advanced Biofuel Producer’s 

Biorefineries at which the Advanced 

Biofuels are produced, including 

location and quantities produced; and 

the types and quantities of Renewable 

Biomass feedstock being used to 

produce the Advanced Biofuels. The 

form also requires the Advanced Biofuel 

Producer to certify the information 

provided, including that the Advanced 

Biofuels are Eligible Advanced Biofuels 

and that the Renewable Biomass 

feedstock used to produce the Advanced 

Biofuels are eligible biomass feedstock. 

(i) Producers must submit 

authoritative evidence (as specified in 

paragraph B(2) below) documenting 

production of Advanced Biofuels, and 

the eligibility of the Advanced Biofuels, 

between October 1, 2008, and 

September 30, 2009. Advanced Biofuel 

production must be certified as stated 

elsewhere in this notice in order to be 

eligible for payment, including 

determining Base and Incremental 

Production amounts. 

(ii) Applicants may submit this form 

for an Advanced Biofuel Biorefinery 

that is scheduled to begin producing 

Eligible Advanced Biofuels after the 

application period for FY 2010 closes 

and before the end of FY 2010. 

(iii) Please note that applicants are 

required to have a Dun and Bradstreet 

Universal Numbering System (DUNS) 

number (unless the applicant is an 

individual). The DUNS number is a 

nine-digit identification number, which 

uniquely identifies business entities. A 

DUNS number can be obtained at no 

cost via a toll-free request line at 1–866– 

705–5711 or online at http:// 

fedgov.dnb.com/webform. 

(2) Certifications. The Advanced 

Biofuel Producer must furnish the 

Agency all required certifications 

identified in paragraphs (B)(2)(i) and 

(ii), as applicable, before acceptance 

into the program, and furnish access to 

the Advanced Biofuel Producer’s 

records required by the Agency to verify 

compliance with program provisions. 

The required certifications depend on 

the type of Biofuel produced. 

Certifications are to be completed and 

provided by an accredited independent, 

third-party. 

(i) Alcohol. For Alcohol Producers 

with authority from ATF to produce 

Alcohol, copies of either: 

(A) The Alcohol Fuel Producers 

Permit (ATF F 5110.74) or 

(B) The registration of Distilled Spirits 

Plant (ATF F 5110.41) and Operating 

Permit (ATF F 5110.23). 

(ii) Hydrous ethanol. If the Advanced 

Biofuel Producer entering into this 

agreement is: 

(A) The hydrous Ethanol Producer, 

then the Advanced Biofuel Producer 

shall include with the Contract an 

affidavit, acceptable to the Agency, from 

the distiller stating that the: 

(1) Applicable hydrous Ethanol 

produced is distilled and denatured for 

fuel use according to ATF requirements, 

and 

(2) Distiller will not include the 

applicable Ethanol in any payment 

requests that the distiller may make 

under this program. 

(B) The distiller that upgrades 

hydrous Ethanol to anhydrous ethyl 

Alcohol, then the Advanced Biofuel 

Producer shall include with the 

Contract an affidavit, acceptable to the 

Agency, from the hydrous Ethanol 

Producer stating that the hydrous 

Ethanol Producer will not include the 

applicable Ethanol in any payment 

requests that may be made under this 

program. 

Note: The Agency may pay the first 

applicant to the exclusion of other possible 

applicants. Or, the Agency may require an 

agreement as to payment before paying 

either. Alternatively, the Agency may 

designate whether the distiller or the hydrous 

Ethanol Producer will be the payee where 

needed to ensure program integrity. 

(C) Biodiesel, biomass-based diesel, 

and liquid hydrocarbons derived from 

biomass. For these fuels, the Advanced 

Biofuel Producer shall self-certify that 

the producer, the Advanced Biofuel 

Biorefinery, and the Biofuel meet the 

definition, registration requirements as 

applicable under Energy Independence 

and Security Act, Clean Air Act, 

Environmental Protection Agency, 

Internal Revenue Service, and quality 

requirements per applicable ASTM 

International standards and 

commercially acceptable quality 

standards of the local market. 

(D) Gaseous Advanced Biofuel. For 

gaseous Advanced Biofuel Producers, 

third party certification that the Biofuel 

meets commercially acceptable pipeline 

quality standards of the local market. 

(3) RD Instruction 1940–Q, Exhibit A– 

1, ‘‘Restriction on Lobbying (if over 

$100,000).’’ 

(4) SF–LLL, ‘‘Disclosure of Lobbying 

Activities.’’ 

(5) RD 400–4, ‘‘Assurance Agreement.’’ 

(6) Each participating advanced 

biofuel producer that is projecting an 

increase in production from the 

previous fiscal year and each new 

applicant must submit documentation 

to support the production estimates 

reported in the enrollment application. 

Such documentation includes, but is not 

limited to: 

(i) Historical production data; 

(ii) Production capacity of the 

biorefinery; and 

(iii) Evidence of ability to distribute 

final product, including distribution 

networks and contracts for purchase of 

final product. 

(7) Each participating advanced 

biofuel producer must provide 

documentation from an Agencyapproved recognized published source 

quantifying the reduction in greenhouse 

gas emissions that result from the 

displacement of fossil fuel. 

C. Submission Dates and Times 

(1) Enrollment. Advanced Biofuel 

Producers who expect to have eligible 

production at any time during FY 2010 

must enroll in the program between 

May 6, 2010 and July 6, 2010. 

(2) Payment applications. Advanced 

Biofuel Producers must submit Form RD 

9005–3 by 4:30 p.m. local time 

November 2, 2010. Payment will be 

made for the time period October 1, 

2009 through September 30, 2010. 

D. Intergovernmental Review 

This program is not subject to 

Executive Order 12372— 

Intergovernmental Review of Federal 

Programs because the Government is not 

providing financial assistance for the 

development of advanced biofuel 

biorefineries. 

E. Funding Restrictions 

For a FY, not more than five percent 

of the funds shall be made available to 

eligible producers with a refining 

capacity exceeding 150,000,000 gallons 

of Advanced Biofuel per year. In 

calculating whether a producer meets 

the 150,000,000 capacity, production of 

all Advanced Biofuel Biorefineries 

owned or operated by the producer will 

be totaled. 

V. Program Payment Provisions 

This section of the Notice identifies 

the process and procedures the Agency 

will use to make payments to Eligible 

Advanced Biofuel Producers. 

As noted previously in this Notice, 

Form RD 9005–1, ‘‘Advanced Biofuel 

Payment Program Annual Application,’’ 

will be used by Advanced Biofuels 

producers to apply for participation in 

this program. When a producer submits 

Form RD 9005–1, the Agency will make 

its determination as to whether or not 

the producer is eligible to participate. If 

an Advanced Biofuel Producer is 

determined to be ineligible, the Agency 

will notify the producer, in writing, of 

its determination. 

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If an Advanced Biofuel Producer is 

determined eligible to receive payments, 

the Eligible Advanced Biofuel Producer 

must then enter into a Contract with the 

Agency using Form RD 9005–2, 

‘‘Advanced Biofuel Payment Program 

Contract,’’ in order to participate in this 

program. The Agency will forward Form 

RD 9005–2 to the Advanced Biofuel 

Producer. The Advanced Biofuel 

Producer must agree to the terms and 

conditions of the Contract, sign, date, 

and return it to the Agency within the 

time provided by the Agency. Each 

contract issued under this notice will be 

for FY 2010. 

Once the Eligible Advanced Biofuel 

Producer has entered into a valid 

Contract with the Agency, the Advanced 

Biofuel Producer will be required to 

submit Form RD 9005–3, ‘‘Advanced 

Biofuel Payment Program—Payment 

Request,’’ in order to receive payments 

under this program. This form requires 

the Advanced Biofuel Producer to 

provide information on the types and 

quantities of Advanced Biofuels 

produced in a Quarter and on the types 

and quantities of renewable feedstock 

used to produce those Advanced 

Biofuels. In addition, the Advanced 

Biofuel Producer will report cumulative 

production of Advanced Biofuels and 

the use of Renewable Biomass feedstock 

for all Advanced Biofuel Biorefineries. 

The information for each Advanced 

Biofuel Biorefinery is to be provided 

cumulatively and on an individual 

Advanced Biofuel Biorefinery basis. 

(a) Payment applications. To request 

payments under this program, an 

Eligible Advanced Biofuel Producer 

must: 

(1) Submit Form RD 9005–3, 

‘‘Advanced Biofuel Program Payments 

Application,’’ within 30 days after the 

end of each periods in B (1) and (2); 

(2) Certify that the request is accurate; 

(3) Furnish the Agency such 

certification, and access to such records, 

as the Agency considers necessary to 

verify compliance with program 

provisions; and 

(4) Provide documentation as 

requested by the Agency regarding the 

net production of Advanced Biofuel at 

all Advanced Biofuel Biorefineries 

during FY 2010. 

(b) Additional documentation. After a 

Payment Application is submitted, 

Eligible Advanced Biofuel Producers 

may be required to submit additional 

clarification if their original submittal is 

not sufficient to verify eligibility for 

payment or quantity of the Advanced 

Biofuel product. 

(c) Notification. The Agency will 

notify the Advanced Biofuel Producer, 

in writing, whenever the Agency 

determines that a Payment Application 

is ineligible and why the application 

was determined ineligible. 

(d) Payment provisions. 

Determination of payments to Eligible 

Advanced Biofuel Producers will be 

made in accordance with the provisions 

of this paragraph. As stated previously, 

making these payments promotes the 

Agency’s mission for promoting 

sustainable economic development in 

rural America and is an important part 

of achieving the Administration’s goals 

for increased biofuel production and use 

by providing economic incentives for 

the production of advanced biofuels. 

(1) Determination of payment rate. 

The Agency will establish payment rates 

for both Base and Incremental 

Production of Eligible Advanced 

Biofuels for both Smaller Producers and 

Larger Producers using the procedures 

specified in paragraphs (d)(1)(i) through 

(v). These rates will be applied to the 

actual quantity of Eligible Advanced 

Biofuel produced when making 

payments to Eligible Advanced Biofuel 

Producers, as described below. 

(i) Based on the information provided 

in each eligible Form RD 9005–1, when 

applicable, the Agency will determine 

Base and Incremental Eligible Advanced 

Biofuel Production being projected for 

the FY for both Smaller Producers and 

Larger Producers. Thus, the Agency will 

determine the Base Production quantity 

for Smaller Producers, the Incremental 

Production quantity for Smaller 

Producers, the Base Production quantity 

for Larger Producers, and the 

Incremental Production quantity for 

Larger Producers. 

(ii) If an applicant is blending its 

Advanced Biofuel using ineligible 

feedstocks (e.g., fossil gasoline or 

methanol, corn kernel starch), only the 

quantity of Advanced Biofuel being 

produced from eligible feedstocks will 

be used in determining the payment 

rates and for which payments will be 

made. 

(iii) For each combination of 

production type (base, incremental) and 

producer size (smaller, larger—over 150 

million equivalent gallons of 

production), the Agency will convert 

the projected Base and Incremental 

Production determined to be eligible 

under paragraph (d)(1)(i) into British 

Thermal Unit (BTU) equivalent using 

factors published by the Energy 

Information Administration (or 

successor organization). If the Energy 

Information Administration (or 

successor organization) does not publish 

such conversion factor for a specific 

type of Advanced Biofuel, the Agency 

will establish and use a conversion 

formula as appropriate until such time 

as the Energy Information 

Administration (or successor 

organization) publishes a conversion 

factor for said Advanced Biofuel. The 

Agency will then calculate the total 

eligible BTUs across all eligible 

applications. 

(iv) The Agency will determine the 

amount of program funds available to 

Smaller Producers and to Larger 

Producers in the FY. 

(v) The Agency will then determine 

the Base Production and Incremental 

Production payment rates ($/Btu) for 

Smaller Producers and for Larger 

Producers. For both Small Producers 

and Larger Producers, the Incremental 

Production payment rate will be 3 times 

higher than their respective Base 

Production payment rate. These rates 

will be calculated such that all of the 

funds allocated will be distributed in 

the FY. 

(2) Contract Value. Using the payment 

rates established under paragraph (d)(1) 

and the projected Base and Incremental 

Production for each Advanced Biofuel 

Biorefinery, the Agency will calculate a 

value for each Eligible Advanced 

Biofuel Producer’s Contract for FY 2010 

using Equation 4: 

CV (BPPR BP) + (IPPR IP) (Eq. 4) 2010 =× ×

Where: 

CV2010 = Contract value for FY 2010 

BPPR = Base Production payment rate, 

$/million BTU 

BP = projected eligible Base Production, 

million BTUs 

IPPR = Incremental Production payment rate, 

$/million BTU 

IP = projected eligible Incremental 

Production, million BTUs 

(3) Payment Amount. Each eligible 

Advanced Biofuel Producer will be paid 

for the actual amount of BTUs produced 

from Eligible Advanced Biofuels 

produced in FY 2010. Except as 

provided under paragraph (d)(4), the 

Agency will not pay a producer more 

than the Contract value established 

under paragraph (d)(2). 


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(4) Remaining funds. If available 

funds remain at the end of FY 2010 (e.g., 

due to underproduction of Eligible 

Advanced Biofuels), the Agency will 

carry the funds over to FY 2011. 

(5) Other payment provisions. The 

following provisions apply. 

(i) Advanced Biofuel Producers will 

be paid on the basis of the amount of 

Eligible Renewable Energy Content of 

the Advanced Biofuels only if the 

producer provides documentation 

sufficient, including a Certificate of 

Analysis, for the Agency to determine 

the Eligible Renewable Energy Content 

for which payment is being requested, 

and quantity produced through such 

documentation as, but not limited to, 

records of sale and calibrated flow meter 

records. 

(ii) There shall only be one Eligible 

Advanced Biofuel Producer per 

Advanced Biofuel Biorefinery. If 

needed, the Agency may treat Advanced 

Biofuel Producers with common 

interests, common ownership, or 

common Advanced Biofuel 

Biorefineries or arrangements as the 

same Advanced Biofuel Producer. 

(iii) Hydrous Ethanol that is upgraded 

by another distiller to anhydrous ethyl 

Alcohol is eligible for payment only 

once; that is, the Agency will make 

payment either to the Advanced Biofuel 

Producer of the hydrous ethanol or to 

the Advanced Biofuel Producer who 

distills the hydrous Ethanol to 

anhydrous ethyl Alcohol. 

(iv) Subject to other provisions of this 

section, Advanced Biofuel Producers 

shall be paid any sum due for the 

payment period, subject to the 

requirements and refund provisions of 

this Notice. 

(e) Payment Adjustments. The Agency 

will adjust the payment otherwise 

payable to an Advanced Biofuel 

Producer if there is a difference between 

the amount actually produced and the 

amount determined by the Agency to be 

eligible for payment. 

(f) Payment liability. Any payment, or 

portion thereof, made under this 

program shall be made without regard to 

questions of title under State law and 

without regard to any claim or lien 

against the Advanced Biofuel, or 

proceeds thereof, in favor of the owner 

or any other creditor except agencies of 

the U.S. Government. 

(g) Verification. The Agency reserves 

the right to verify all payment requests 

and subsequent payments made under 

this program, as frequently as necessary 

to ensure the integrity of the program. 

The Agency will conduct site visits to 

review producer records in order to 

verify information submitted in Forms 

RD 9005–1 and RD 9005–3. 

(1) Production and feedstock 

verification. The Agency will review 

producer records that the type and 

amount of biofuel produced and the 

type and amount of feedstocks used. 

(2) Blending verification. The Agency 

will review the producer’s certificates of 

analysis and feedstock records to verify 

the portion of the advanced biofuel 

eligible for payment. 

(3) Certificate of Analysis. The 

Agency will review the producer 

records to ensure that each certificate of 

analysis has been issued by a qualified, 

independent third party. 

(h) Refunds and interest payments. 

An Eligible Advanced Biofuel Producer 

who receives payments under this 

program may be required to refund such 

payments as specified in this paragraph. 

If the Agency suspects fraudulent 

representation through its site visits and 

records inspections under paragraph (g) 

of this section, it will be referred to the 

Office of Inspector General for 

appropriate action. 

(1) An Eligible Advanced Biofuel 

Producer receiving payments under this 

program shall become ineligible if the 

Agency determines the Advanced 

Biofuel Producer has: 

(i) Made any fraudulent 

representation; or 

(ii) Misrepresented any material fact 

affecting a program determination. 

(2) All payments made to an entity 

determined by the Agency to be 

ineligible shall be refunded to the 

Agency with interest and other such 

sums as may become due, including, but 

not limited to, any interest, penalties, 

and administrative costs as determined 

appropriate under 7 CFR 901.9. 

(3) When a refund is due, it shall be 

paid promptly. If a refund is not made 

promptly, the Agency may use all 

remedies available to it, including 

Treasury offset under the Debt 

Collection Improvement Act of 1996, 

financial judgment against the producer, 

and sharing information with the 

Department of Justice. 

(4) Late payment interest shall be 

assessed on each refund in accordance 

with the provisions and rates 

established by the United States 

Treasury. 

(i) Interest charged by the Agency 

under this Notice shall be established by 

the United States Treasury. Such 

interest shall accrue from the date such 

payments were made to the date of 

repayment. 

(ii) The Agency may waive the accrual 

of interest or damages if the Agency 

determines that the cause of the 

erroneous determination was not due to 

any action of the Advanced Biofuel 

Producer. 

(5) Any Advanced Biofuel Producer or 

person engaged in an act prohibited by 

this section and any Advanced Biofuel 

Producer or person receiving payment 

under this Notice shall be jointly and 

severally liable for any refund due 

under this Notice and for related 

charges. 

VI. Administration Information 

A. Notice of eligibility 

If an applicant is determined by the 

Agency to be eligible for participation, 

the Agency will notify the applicant, in 

writing, and will assign the applicant a 

Contract number. If an applicant is 

determined by the Agency to be 

ineligible, the Agency will notify the 

applicant, in writing, as to the reason(s) 

the applicant was rejected. Such 

applicant will have appeal rights as 

specified in this Notice. 

B. Administrative and National Policy 

Requirements 

(1) Review or appeal rights. A person 

may seek a review of an Agency 

decision under this Notice from the 

appropriate Agency official that 

oversees the program in question or 

appeal to the National Appeals Division 

in accordance with 7 CFR part 11 of this 

title. 

(2) Remedies. If the Agency has 

determined that a producer has 

misrepresented the information or 

defrauded the Government, the Agency 

will take one of the following steps in 

accordance to 7 CFR 3017, Governmentwide Debarment and Suspension: 

(i) Suspend payments on the Contract 

until the violation has been reconciled; 

(ii) Terminate the Contract; or 

(iii) Debarment to participate in any 

Federal Government program. 

(3) Records. For the purpose of 

verifying compliance with the 

requirements of this Notice, each 

Eligible Advanced Biofuel Producer 

shall make available at one place at all 

reasonable times for examination by 

representatives of USDA, all books, 

papers, records, Contracts, scale tickets, 

settlement sheets, invoices, written 

price quotations, and other documents 

related to the program that is within the 

control of such Advanced Biofuel 

Producer for not less than three years 

from each payment date. 

(4) Succession and control of 

biorefineries and production. An entity 

who becomes the Eligible Advanced 

Biofuel Producer for a Biorefinery that 

is under Contract under this Notice 

must request permission from the 

Agency to succeed to the program 

Contract and the Agency may grant such 

request if it is determined that the entity 

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is an eligible producer and permitting 

such succession would serve the 

purposes of the program. If appropriate, 

the Agency may require the consent of 

the previous Eligible Advanced Biofuel 

Producer to such succession. 

Payments will be made only to an 

eligible Advanced Biofuel Producer 

with a valid Contract and for 

Biorefineries owned or controlled by 

said Producer. If payments are made to 

an Advanced Biofuel Producer for 

production at a Biorefinery no longer 

owned or controlled by said Producer or 

to an otherwise ineligible Advanced 

Biofuel Producer, the Agency will 

demand full refund of all such 

payments. 

C. Environmental Review 

All recipients under this Notice are 

subject to the requirements of subpart G 

of part 1940 of title 7 of the CFR. 

However, 7 CFR 1940.310(c)(1) excludes 

this activity. In accordance with 

§ 1940.310(c)(1), General Exclusions, if a 

program provides assistance that is not 

related to the development of a specific 

site, it is excluded from conducting an 

environmental review. RD’s compliance 

with the National Environmental Policy 

Act of 1969 (NEPA) is implemented in 

its regulations at 7 CFR 1940 subpart G. 

Applicants whose proposal involves 

additional facility construction should 

provide RD Form 1940–20 as part of this 

application. RD will then determine 

whether the approval falls under 

Section 1940.310(c)(1), which 

categorically excludes the action from 

NEPA compliance. 

VII. Agency Contacts 

Assistance. For assistance on this 

payment program, please contact a 

USDA Rural Development State 

Renewable Energy Coordinator, as 

provided in the Addresses section of 

this Notice. 

VIII. Non-Discrimination 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 programs. (Not all 

prohibited bases apply to all programs.) 

Persons with disabilities who require 

alternative means for communication of 

program information (braille, large 

print, audiotape, etc.) should contact 

USDA’s TARGET Center at (202) 720– 

2600 (voice and TDD). To file a 

complaint of discrimination, write to 

USDA, Director, Office of Civil Rights, 

1400 Independence Avenue, SW., 

Washington, DC, 20250–9410, or call 

(800) 795–3272 (voice) or (202) 720– 

6382 (TDD). USDA is an equal 

opportunity provider and employer. 

Dated: April 27, 2010. 

Judith A. Canales, 

Administrator, Rural Development, Business 

and Cooperative Programs. 

[FR Doc. 2010–10247 Filed 5–5–10; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF AGRICULTURE 

Rural Business—Cooperative Service 

Notice of Funding Availability (NOFA) 

for Repowering Assistance Payments 

to Eligible Biorefineries 

AGENCY: Rural Business—Cooperative 

Service. 

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. Under this Notice, 

applications will be accepted for 

biorefineries that produce transportation 

fuels that meet the Renewable Fuel 

Standard or are currently undergoing an 

appeal to the U.S. Environmental 

Protection Agency for inclusion in the 

Renewable Fuel Standard, or that 

produce non-transportation renewable 

energy that results in a reduction in 

greenhouse gases. 

DATES: Applications for participating in 

this program for Fiscal Year 2010 must 

be received between May 6, 2010 and 

July 20, 2010. 

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. 

FOR FURTHER INFORMATION CONTACT: For 

further information on this payment 

program, please contact USDA, Rural 

Development—Energy Division, 

Program Branch, Attention: Repowering 

Assistance Program, 1400 Independence 

Avenue, SW., Stop 3225, Washington, 

DC 20250–3225. Telephone: 202–720– 

1400. 

SUPPLEMENTARY INFORMATION: On June 

12, 2009, the Agency published a Notice 

of Funds Availability (NOFA) and 

Solicitation of Applications in the 

Federal Register announcing general 

policy and application procedures for 

the Repowering Assistance Program (the 

Program). Congress appropriated 

mandatory budget authority of $35 

million over the life of the 2008 Farm 

Bill. However, in FY 2009, the program 

was allotted $20 million. The Agency 

will now authorize up to $8 million in 

additional budget authority for this 

program for fiscal year (FY) 2010. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act (PRA), the paperwork 

burden associated with this notice has 

been approved by the Office of 

Management and Budget (OMB) under 

OMB Control Number 0570–0058. 

The PRA burden associated with the 

original Notice was approved by OMB, 

with an opportunity to comment on the 

burden associated with the program. 

Biorefineries seeking funding under 

this program have to submit 

applications that include specified 

information, certifications, and 

agreements. All of the forms, 

information, certifications, and 

agreements required to apply for this 

program under this Notice have been 

authorized under OMB Control Number 

0570–0058. 

Overview Information 

Federal Agency Name. Rural 

Business—Cooperative Service. 

Payment Proposal Title. Repowering 

Assistance Program. 

Announcement Type. Initial 

announcement. 

OMB Control Number. 0570–0058. 

Catalog of Federal Domestic 

Assistance (CFDA) Number. The CFDA 

number for this Notice is 10.866. 

Dates. The Repowering Assistance 

Program application period for fiscal 

year 2010 is May 6, 2010 through July 

20, 2010. 

Availability of Notice. This Notice is 

available on the USDA Rural 

Development Web site at http:// 

www.rurdev.usda.gov/rbs. 

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. 

The Agency may make payments 

under this program to any biorefinery 

mstockstill on DSKH9S0YB1PROD with NOTICES