28016 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 

(1) Review or appeal rights. Any 

person or entity who has applied for 

payments or whose right to receive 

payments under this program who is 

adversely affected by a decision by the 

Agency may appeal such decision to the 

USDA National Appeals Division 

pursuant to 7 CFR Part 11. 

(2) Remedies. The remedies provided 

in this Notice will be in addition to 

other civil, criminal, or administrative 

remedies that may apply. 

(3) Records. For the purpose of 

verifying compliance with the 

requirements of this Notice, each 

biorefinery must make available and 

provide for the metering of all power 

and heat producing boilers, containment 

vessels, generators and any other 

equipment related to the production of 

heat or power required to displace fossil 

fuel loads with renewable biomass. 

These records must be held in one place 

and be available at all reasonable times 

for examination by the Agency. Such 

records include all books, papers, 

contracts, scale tickets, settlement 

sheets, invoices, written price 

quotations, and any other documents 

related to the program that are within 

the control of the biorefinery. These 

records must be held and made 

available for Agency examination for a 

period of not less than three years from 

each payment date. 

(4) Succession and control of facilities 

and production. Any party obtaining a 

biorefinery that is under this program 

must request permission to participate 

in this program as a successor. The 

Agency may grant such request if it is 

determined that, the party is eligible, 

and permitting such succession would 

serve the purposes of the program. If 

appropriate, the Agency may require the 

consent of the previous party to such 

succession. Also, the Agency may 

terminate payments and demand full 

refund of payments made if a party loses 

control of a biorefinery whose 

production of heat or power from 

renewable biomass is the basis of a 

program payment, or otherwise fails to 

retain the ability to assure that all 

program obligations and requirements 

will be met. 

D. Environmental Review. All 

recipients under this subpart are subject 

to the requirements of 7 CFR Part 1940, 

subpart G. 

E. Civil Rights Requirements. The 

Agency will comply with the civil rights 

law and compliance requirements in 

accordance with 7 CFR Part 1901–E. 

This program is subject to Executive 

Order 12898, Environmental Justice, 

and RD Instruction 2006–P. 

VIII. Agency Contacts 

Notice Contact. For further 

information about this Notice, please 

contact USDA, Rural DevelopmentEnergy Division, Program Branch, 

Attention: Frederick Petok, Stop 3225, 

Room 6870, 1400 Independence 

Avenue, SW., Washington, DC 20250– 

3225. Telephone: (202) 690–0784. 

Technical Assistance. For technical 

assistance on this payment program, 

please contact the USDA, Rural 

Development-Energy Division, 

Attention: Repowering Assistance 

Program, 1400 Independence Avenue, 

SW., Stop 3225, Washington, DC 20250– 

3225. Telephone: (202) 720–1400. 

IX. 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 TTY). To file a 

complaint of discrimination, write to 

USDA, Director, Office of Civil Rights, 

Room 326–W, Whitten Building, 1400 

Independence Avenue, SW., 

Washington, DC 20250–9410, or call 

(800) 795–3272 (voice) or (202) 720– 

5964 (voice and TDD). USDA is an equal 

opportunity provider and employer. 

Dated: June 8, 2009. 

Judith A. Canales, 

Administrator, Rural Development, Business 

and Cooperative Programs. 

[FR Doc. E9–13804 Filed 6–11–09; 8:45 am] 

BILLING CODE;P 

DEPARTMENT OF COMMERCE 

Submission for OMB Review; 

Comment Request 

The Department of Commerce will 

submit to the Office of Management and 

Budget (OMB) for clearance the 

following proposal for collection of 

information under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

Agency: National Oceanic and 

Atmospheric Administration (NOAA). 

Title: Mandatory Shrimp Vessel and 

Gear Characterization Survey. 

OMB Control Number: 0648–0542. 

Form Number(s): None. 

Type of Request: Regular submission. 

Burden Hours: 667. 

Number of Respondents: 2,000. 

Average Hours per Response: 20 

minutes. 

Needs and Uses: Census-level 

information on fishing vessel and gear 

characteristics in the Gulf of Mexico 

Exclusive Economic Zone (EEZ) shrimp 

fishery are needed as supplemental 

information necessary to conduct 

economic, social, and biological 

analyses that will improve fishery 

management decision-making in this 

fishery; ensure that national goals, 

objectives, and requirements of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MFCMA, 16 U.S.C. 1801 et seq.), 

National Environmental Policy Act 

(NEPA), Regulatory Flexibility Act 

(RFA) and Executive Order (E.O.) 12866 

are met; and quantify achievement of 

the performance measures in the 

National Marine Fisheries Service’s 

Strategic Operating Plans. This 

information is vital in assessing the 

economic, social, and biological effects 

of fishery management decisions and 

regulations on individual shrimp fishing 

enterprises, fishing communities, and 

the nation as a whole. 

Affected Public: Business or other forprofit organizations. 

Frequency: Annually. 

Respondent’s Obligation: Mandatory. 

OMB Desk Officer: David Rostker, 

(202) 395–3897. 

Copies of the above information 

collection proposal can be obtained by 

calling or writing Diana Hynek, 

Departmental Paperwork Clearance 

Officer, (202) 482–0266, Department of 

Commerce, Room 7845, 14th and 

Constitution Avenue, NW., Washington, 

DC 20230 (or via the Internet at 

dHynek@doc.gov). 

Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to David Rostker, OMB Desk 

Officer, FAX number (202) 395–7285, or 

David_Rostker@omb.eop.gov. 

Dated: June 8, 2009. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. E9–13764 Filed 6–11–09; 8:45 am] 

BILLING CODE 3510–22–P