27998 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 

Code Conservation practice title 

391 ..................... Riparian Forest Buffer (ac). 

390 ..................... Riparian Herbaceous Cover (ac). 

555 ..................... Rock Barrier (ft). 

558 ..................... Roof Runoff Structure (no). 

557 ..................... Row Arrangement (ac). 

570 ..................... Runoff Management System (no & ac). 

610 ..................... Salinity and Sodic Soil Management (ac). 

350 ..................... Sediment Basin (no). 

646 ..................... Shallow Water Development and Management (ac). 

381 ..................... Silvopasture Establishment (ac). 

527 ..................... Sinkhole and Sinkhole Area Treatment (no). 

632 ..................... Solid/Liquid Waste Separation Facility. 

572 ..................... Spoil Spreading (ac). 

574 ..................... Spring Development (no). 

580 ..................... Streambank and Shoreline Protection (ft). 

578 ..................... Stream Crossing (no). 

395 ..................... Stream Habitat Improvement and Management (ac). 

585 ..................... Stripcropping (ac). 

587 ..................... Structure for Water Control (no). 

606 ..................... Subsurface Drain (ft). 

607 ..................... Surface Drainage, Field Ditch (ft). 

608 ..................... Surface Drainage, Main or Lateral (ft). 

609 ..................... Surface Roughening (ac). 

600 ..................... Terrace (ft, m). 

612 ..................... Tree/Shrub Establishment (ac). 

490 ..................... Tree/Shrub Site Preparation (ac). 

660 ..................... Tree/Shrub Pruning (ac). 

620 ..................... Underground Outlet (ft). 

645 ..................... Upland Wildlife Habitat Management (ac). 

635 ..................... Vegetated Treatment Area (ac). 

601 ..................... Vegetative Barrier (ft). 

630 ..................... Vertical Drain (no). 

367 ..................... Waste Facility Cover (no). 

313 ..................... Waste Storage Facility (no). 

629 ..................... Waste Treatment. 

359 ..................... Waste Treatment Lagoon (no). 

633 ..................... Waste Utilization (ac). 

636 ..................... Water Harvesting Catchment (no). 

614 ..................... Watering Facility (no). 

638 ..................... Water and Sediment Control Basin (no). 

640 ..................... Waterspreading (ac). 

642 ..................... Water Well (no). 

351 ..................... Well Decommissioning (no). 

355 ..................... Well Water Testing (no). 

658 ..................... Wetland Creation (ac). 

659 ..................... Wetland Enhancement (ac). 

657 ..................... Wetland Restoration (ac). 

644 ..................... Wetland Wildlife Habitat Management (ac). 

380 ..................... Windbreak/Shelterbelt Establishment (ft). 

650 ..................... Windbreak/Shelterbelt Renovation (ft). 

[FR Doc. E9–13870 Filed 6–11–09; 8:45 am] 

BILLING CODE 3410–16–P 

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 

intention of the U.S. Department of 

Agriculture to enter into Contracts to 

make payments to Eligible Advanced 

Biofuel Producers to support and ensure 

an expanding production of Advanced 

Biofuels. This program is authorized 

under Title IX, Section 9001, of the 

Food, Conservation, and Energy Act of 

2008 (Pub. L. 110–234). In addition, this 

program is intended to support Federal 

policy calling for greater production and 

use of Advanced Biofuels. The Agency 

will authorize up to $30 million in 

funding for this program for fiscal year 

(FY) 2009. 

DATES: Applications for participating in 

this program for Fiscal Year 2009 must 

be received between June 12, 2009 and 

August 11, 2009. 

The comment period for information 

collection under the Paperwork 

Reduction Act of 1995 continues 

through August 11, 2009. Comments on 

the paper work burden must be received 

by this date to be assured of 

consideration. 

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. 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 27999 

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, 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. 

28000 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 

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 

Thomas Hauryski, USDA Rural 

Development, 415 West Morris Street, 

Bath, NY 14810. (607) 776–7398 Ext. 

132. Thomas.Hauryski@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, 

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: 

Presidential Directive 

On May 5, 2009, the President issued 

a Presidential Directive to Secretary of 

Agriculture Thomas R. Vilsack to 

aggressively accelerate the investment 

in and production of biofuels (published 

in the Federal Register on May 7, 2009 

(74 FR 21531–21532)). Secretary Vilsack 

also announced that he will help lead 

an unprecedented interagency effort to 

increase America’s energy 

independence and spur rural economic 

development. 

The Presidential directive requests 

that Secretary Vilsack take steps to the 

extent permitted by law to expedite and 

increase production of and investment 

in biofuel development efforts by, 

among other things, making renewable 

energy financing opportunities from the 

2008 Farm Bill available within 30 days, 

which includes guidance to biofuels 

producers to encourage production of 

next-generation biofuels from cellulosic 

biomass and other feedstocks 

Administrative Procedure Act 

Statement 

This Notice is being issued without 

advance rulemaking or public comment. 

The Administrative Procedure Act 

(‘‘APA’’, 5 U.S.C. 553), has several 

exemptions to rulemaking requirements. 

Among them is an exemption for 

matters relating to Federal benefits, but 

under the provisions of the ‘‘Statement 

of Policy of the Secretary of Agriculture 

effective July 24, 1971,’’ issued by 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 28001 

Secretary Hardin in 1971 (36 FR 13804 

(the ‘‘Hardin Memorandum’’)), the 

Department will normally engage in 

rulemaking related to Federal benefits 

despite that exemption. However, the 

Hardin Memorandum does not waive 

certain other APA-contained 

exemptions, in particular the ‘‘good 

cause’’ exemption found at 5 U.S.C. 

553(b)(3)(B), which allows effective 

government action without rulemaking 

procedures where withholding the 

action would be ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ The Hardin memorandum 

specifically provides for the use of the 

‘‘good cause’’ exemption, albeit 

sparingly, when a substantial basis for 

so doing exists, and where, as will be 

described more fully below, that 

substantial basis is explained. 

USDA has determined, consistent 

with the APA and the Hardin 

Memorandum, that making these funds 

available under this Notice for payments 

to producers of advanced biofuels as 

soon as possible is in the public interest. 

Withholding this Notice to provide for 

public notice and comment would 

unduly delay the provision of benefits 

associated with this program and be 

contrary to the public interest. Should 

the actual practice of the program 

produce reasons for program 

modifications those modifications can 

be brought to the attention of the 

Department and changes made in the 

future rulemaking process. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995, RBS is 

requesting comments from all interested 

individuals and organizations on a new 

information collection for the Advanced 

Biofuels Producer Payment Program. 

While this Notice requests comments on 

the information collection activities 

required for the Advanced Biofuels 

Producer Payment Program, in order to 

meet the time frames mandated by the 

Presidential Memorandum discussed 

above, RBS submitted the following 

information collection request to the 

Office of Management and Budget 

(OMB) under the emergency procedure 

in accordance with the Paperwork 

Reduction Act of 1995. As discussed 

above in the APA section, there is good 

cause to forgo any delay associated with 

the opportunity for advance public 

comment. The Advanced Biofuels 

Producer Payment Program will provide 

payments for the production of 

advanced biofuels. 

Copies of all forms, regulations, and 

instructions referenced in this NOFA 

may be obtained from RBS. Data 

furnished by the applicants will be used 

to determine eligibility for program 

benefits. Furnishing the data is 

voluntary; however, the failure to 

provide data could result in program 

benefits being withheld or denied. 

Title: Advanced Biofuels Producer 

Payment Program. 

OMB Control Number: New 

collection. 

Type of Request: New. 

Abstract: This information collection 

is needed to comply with section 9005 

of Title IX of the Farm Security and 

Rural Investment Act of 2002 (7 U.S.C. 

8101–8113), which was added by the 

Food, Conservation, and Energy Act of 

2008. 

Under this Notice, the Agency is 

providing payments to eligible 

producers of advanced biofuels to 

support and encourage the production 

of advanced biofuels. To meet the goals 

of this program, the Agency is 

requesting information from applicants 

including data regarding the production 

of advanced biofuels, feed stocks used, 

and the type quality of the advanced 

biofuels produced. 

The collection of information is vital 

to the Agency to make wise decisions 

regarding the eligibility of Advanced 

Biofuels producers and their products in 

order to ensure compliance with the 

provisions of this Notice and to ensure 

that the payments are made to eligible 

producers of Advanced Biofuels. In 

summary, this collection of information 

is necessary in order to implement this 

program. 

The following estimates are for the 

first year the program is in place. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 1 hour per 

response. 

Respondents: Advanced Biofuels 

producers. 

Estimated Number of Respondents: 

300. 

Estimated Number of Responses per 

Respondent: 6.9. 

Estimated Number of Responses: 

2,082. 

Estimated Total Annual Burden 

(Hours) on Respondents: 1,856. 

Copies of this information collection 

may be obtained from Cheryl 

Thompson, Regulations and Paperwork 

Management Branch, at (202) 692–0043. 

Comments 

Comments are invited regarding: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of Rural 

Development, including whether the 

information will have practical utility; 

(b) the accuracy of Rural Development’s 

estimate of the burden of the proposed 

collection of information including the 

validity of the methodology and 

assumptions used; (c) ways to enhance 

the quality, utility and clarity of the 

information to be collected; and (d) 

ways to minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology. 

Comments may be sent to Cheryl 

Thompson, Regulations and Paperwork 

Management Branch, Support Services 

Division, USDA, Rural Development, 

Stop 0742, 1400 Independence Ave., 

SW., Washington, DC 20250–0742. All 

responses to this Notice will be 

summarized and included in the request 

for OMB approval. All comments will 

also become a matter of public record. 

Overview Information 

Federal Agency Name. Rural 

Business-Cooperative Service. 

Contract Proposal Title. Advanced 

Biofuels Producer Payment Program. 

Announcement Type. Initial 

announcement. 

Contract Proposal Number. FR–XXX– 

C–CC; OMB approval number is 0570– 

XXXX. 

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 

2009 is June 12, 2009 and August 11, 

2009. 

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. 

28002 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 

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 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. 

ATF. The Bureau of Alcohol, Tobacco, 

Firearms, and Explosives of the United 

States Department of Justice. 

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 

June 12, 2009, the Biorefinery’s Base 

Production for FY 2009 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 

June 12, 2009, the Biorefinery’s Base 

Production for FY 2009 will be equal to 

the amount of production the 

biorefinery could produce if operated at 

the nameplate capacity for a full year 

times the startup/shakedown factor as 

determined by the Agency. 

(3) If the Advanced Biofuel 

Biorefinery will begin producing after 

June 12, 2009, the Biorefinery’s Base 

Production for FY 2009 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 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 June 12, 2009. 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 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 28003 

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: 

(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 or 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 

form RD 9005–1. 

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 funding to this 

program as follows: $30 million for FY 

2009. 

B. Number of Payments. Under this 

notice, payments to participating 

Advanced Biofuel Producers will be 

made in one payment following the end 

of FY 2009. The number 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, 2008 

through September 30, 2009. 

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. 

(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. Rural Area Requirement 

To be eligible for program payments, 

an otherwise Eligible Advanced Biofuel 

must be produced at an Advanced 

28004 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 

Biofuel Biorefinery located in a Rural 

Area. 

C. Payment Eligibility 

To be eligible for program payments, 

an Advanced Biofuel Producer must 

maintain adequate records for FY 2009, 

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 Annual 

Application.’’ This form requires an 

Advanced Biofuel 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, 2007, and 

September 30, 2008. 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 2009 closes 

and before the end of FY 2009. 

(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, 

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’’. 

C. Submission Dates and Times 

(1) Enrollment. Advanced Biofuel 

Producers who expect to have eligible 

production at any time during FY 2009 

must enroll in the program between 

June 12, 2009 and August 11, 2009. 

(2) Payment applications. Advanced 

Biofuel Producers must submit Form RD 

9005–3 by 4:30 p.m. local time 

November 2, 2009. Payment will be 

made for the time period October 1, 

2008 through September 30, 2009. 

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 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 28005 

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. 

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 2009. 

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 Payment 

Application,’’ to cover all of FY 2009; 

(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 2009. 

(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, 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 Smaller 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 2009 

using Equation 4: 

CV (BPPR BP) + (IPPR IP) (Eq. 4) 2009 =× ×


EN12JN09.001</MATH>
28006 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 

Where: 

CV2009 = Contract value for FY 2009 

BPPR = Base Production payment rate, 

$/BTU 

BP = projected eligible Base Production, 

BTUs 

IPPR = Incremental Production payment rate, 

$/BTU 

IP = projected eligible Incremental 

Production, 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 2009. The Agency will 

not pay a producer more than the 

Contract value established under 

paragraph (d)(2). 

(4) Remaining funds. If available 

funds remain at the end of FY 2009 (e.g., 

due to underproduction of Eligible 

Advanced Biofuels), the Agency will 

carry the funds over to FY 2010. 

(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) Self-certification by the producer. 

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. The remedies provided 

in this Notice to the Agency shall 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 

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 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 28007 

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 

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(e) excludes 

this activity. In accordance with 

§ 1940.310(e), 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. 

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: June 8, 2009. 

Judith A. Canales, 

Administrator, Rural Development, Business 

and Cooperative Programs. 

[FR Doc. E9–13816 Filed 6–11–09; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Black Hills National Forest, Mystic 

Ranger District, SD, Mystic Range 

Project 

AGENCY: Forest Service, USDA. 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The Forest Service will 

prepare an environmental impact 

statement on a proposal to evaluate 

grazing on eight (8) allotments on the 

Black Hills National Forest, Mystic 

Ranger District comprising 

approximately 85,055 acres within the 

constraints of the Black Hills National 

Forest Land and Resource Management 

Plan, as amended. 

DATES: Comments concerning the scope 

of analysis must be received by July 13, 

2009. The draft environmental impact 

statement is expected September 2009 

and the final environmental impact 

statement is expected December 2009. 

ADDRESSES: Send written comments to 

Robert J. Thompson, District Ranger, 

Black Hills National Forest, Mystic 

Ranger District, Mystic Range Project, 

8221 South Highway 16, Rapid City, 

South Dakota 57702. Comments may 

also be sent via e-mail to commentsrocky-mountain-black-hillsmystic@fs.fed.us, or via facsimile to 

(605) 343–7134. Please list ‘‘Mystic 

Range’’ as the subject on comments sent 

via e-mail or facsimile. Electronic 

comments must be readable in Word, 

Rich Text, or PDF formats. 

It is important that reviewers provide 

their comments at such times and in 

such a way that they are useful to the 

Agency’s preparation of the EIS. 

Therefore, comments should be 

provided prior to the close of the 

comment period and should clearly 

articulate the reviewer’s concerns and 

contentions. The submission of timely 

and specific comments can affect a 

reviewer’s ability to participate in 

subsequent administrative review or 

judicial review. 

Comments received in response to 

this solicitation, including names and 

addresses of those who comment, will 

be part of the public record for this 

proposed action. Comments submitted 

anonymously will be accepted and 

considered; however, anonymous 

comments will not provide the 

respondent with standing to participate 

in subsequent administrative review or 

judicial review. 

FOR FURTHER INFORMATION CONTACT: If 

you have any questions or need 

additional information, please contact 

Mark Vedder, Range Specialist; Katie 

Van Alstyne, Team Leader; or Robert J. 

Thompson, District Ranger, at the 

Mystic Ranger District office in Rapid 

City at (605) 343–1567. 

Individiuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8330 

between 8 a.m. and 8 p.m., Eastern 

Time, Monday through Friday. 

Purpose and Need for Action 

The purpose of this project is to 

authorize livestock grazing on all or part 

of the project area and to ensure that 

livestock grazing occurs in an 

enviromentally acceptable manner. The 

EIS will determine current conditions, 

analyze environmental consequences of 

grazing mangement actions on those 

conditions, and assist the decisionmaker 

in selecting mangement/monitoring 

strategies consistent with meeting 

desired conditions in the Forest Plan. 

The underlying needs for this 

proposal include: 

• Improve livestock management so 

that it is consistent with the goals, 

objectives, standards, and guidelines of 

the Forest Plan, as amended. 

• Improve species composition of 

upland vegetation. 

• Improve streambank stability. 

• Improve riparian vegetation 

diversity and abundance. 

• Reduce opportunities for cattle 

conflicts with vehicle traffic. 

SUPPLEMENTARY INFORMATION: 

Proposed Action 

The Proposed Action is designed to 

maintain or improve resource 

conditions in rangeland health, 

vegetation, watershed conditions, 

designated Botanical Areas, and wildlife 

habitat relative to livestock grazing. 

Some grazing practices would be 

changed to resolve grazing related 

issues. Proposed range improvements 

include water developments, fencing 

(for highway, pasture/allotment 

boundary, and/or riparian exclosure 

purposes), cattleguards, corrals, stream