[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Notices]
[Pages 69353-69355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27215]
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DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
Notice of Contract Proposals (NOCP) for the 9005 Advanced Biofuel
Payment Program for Fiscal Years 2019 and 2020
AGENCY: Rural Business-Cooperative Service, USDA.
ACTION: Notice.
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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. To be eligible for
payments, advanced biofuels must be produced from renewable biomass,
excluding corn kernel starch, in a biorefinery located in a State.
This Notice is being published concurrently with the issuance of
the Bioenergy Program for Advanced Biofuels final rule. The Agency did
not request applications, nor make payments in Fiscal Year 2019 pending
the rule's promulgation/publication. This notice announces the
availability of up to $7 million for each of two Fiscal Years, 2019 and
2020, to make payments to eligible advanced biofuel producers for the
production of eligible advanced biofuels.
DATES: Applications for enrollment in the Advanced Biofuel Payment
Program for each of the Fiscal Years 2019 and 2020 will be accepted
from December 18, 2019 through February 18, 2020. A separate Enrollment
Application is required for each fiscal year. Enrollment applications
received after 4:30 p.m. local time on February 18, 2020 will not be
considered, regardless of postmark.
Payment Request applications for each of the four quarters of
Fiscal Year 2019 are to be submitted simultaneously with the FY 2019
Enrollment Application. Fiscal Year 2019 Payment Request applications
received after 4:30 p.m. local time February 18, 2020 will not be
considered, regardless of postmark.
Payment Request applications for Fiscal Year 2020 are to be
submitted as specified in 7 CFR 4288.130.
ADDRESSES: Applications must be submitted to the USDA Rural Development
State Office for the State where the Producer is located. A list of
USDA Rural Development State Energy Coordinator contacts can be found
via the link: https://www.rd.usda.gov/files/RBS_StateEnergyCoordinators_0.pdf.
FOR FURTHER INFORMATION CONTACT: For information about the Advanced
Biofuel Payment Program, please contact the USDA Rural Development
Energy Coordinator, as provided in the ADDRESSES above, or Lisa Noty,
Energy Programs, USDA Rural Development,
[[Page 69354]]
511 W 7th Street, Atlantic, IA 50022. Telephone: 712-254-4366. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Fiscal Years 2019 and 2020 Applications for the Advanced Biofuel
Payment Program
Applicants must be registered in the System for Award Management
(SAM) prior to submitting an application; which can be obtained at no
cost via a toll-free request line at (866) 705-5711 or online at
https://www.sam.gov/SAM/ SAM/. Registration of a new entity in SAM requires
an original, signed, and notarized letter stating that the applicant is
the authorized Entity Administrator, before the registration will be
activated.
All applicants, except those that are individuals, are required to
have a Dun and Bradstreet Universal Numbering System (DUNS) number,
which can be obtained online at http://fedgov.dnb.com/webform.
Overview
Solicitation Opportunity Type: Advanced Biofuel Payment Program.
Announcement Type: Solicitation Announcement; Concurrent with
publication of final rule.
Catalog of Federal Domestic Assistance Number: 10.867.
Dates: The sign-up periods for participation for Fiscal Years 2019
and 2020 are identified in DATES.
A. Program Description
1. 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 promotes the Agency mission of sustainable economic
development in rural America and is an important part of achieving
Administration goals for increased biofuel production.
2. Statutory Authority. This program is authorized under 7 U.S.C.
8105.
3. Definition of Terms. The definitions applicable to this Notice
are published in 7 CFR 4288.102.
4. Application Awards. This program makes payments to eligible
advanced biofuel producers for the production of eligible advanced
biofuels and is administered according to the provisions found in 7 CFR
part 4288 subpart B, and as indicated in this Notice. The Agency
advises all interested parties that applicants bear the burden in
preparing and submitting an application in response to this Notice
whether or not funding is appropriated for this Program in FY 2020.
Availability of Notice and Rule: This Notice and the final rule for
the Advanced Biofuel Payment Program are available on the USDA Rural
Development website at http://www.rd.usda.gov/BCP_Biofuels.html.
B. Federal Award Information
Type of Awards: Payments.
Fiscal Year Funds: FY 2019 and FY 2020.
Available Funds: In accordance with the Agricultural Act of 2018
(Pub. L. 115-334), the Agency is authorized to provide up to $7 million
for this program for the production of advanced biofuels in each of
Fiscal Years 2019 and 2020.
Approximate Number of Awards: The number of awards will depend on
the number of participating advanced biofuel producers.
Range of Amounts of Each Payment: There is no minimum payment
amount that an individual producer can receive. The maximum payment
amount that an individual producer or group of producers can receive is
specified in 7 CFR 4288.131(e). The amount that each producer receives
will depend on the number of eligible advanced biofuel producers
participating in the program for the respective fiscal year, the amount
of advanced biofuels produced by such advanced biofuel producers, and
the amount of funds available.
Award Dates: As specified in 7 CFR 4288.131.
Performance Period: October 1, 2018, through September 30, 2019;
October 1, 2019, through September 30, 2020.
Renewal or Supplemental Awards: None.
Contract: All producers wishing to participate in this program must
enroll and enter into contracts with the Agency as provided for in 7
CFR 4288.120 and 7 CFR 4288.121, respectively, and as otherwise
specified in this Notice.
Production Period: Payments to participating advanced biofuel
producers under this Notice will be made on actual eligible advanced
biofuels produced from October 1, 2018, through September 30, 2019, and
from October 1, 2019, through September 30, 2020, in accordance with 7
CFR part 4288 subpart B and as otherwise specified in this Notice.
Type of Instrument: Payment.
C. Eligibility Information
1. Eligible Applicants.
To be eligible for this program, an applicant must meet the
eligibility requirements specified in 7 CFR 4288.110.
2. Biofuel Eligibility.
To be eligible for payment, an advanced biofuel must meet the
eligibility requirements specified in 7 CFR 4288.111.
3. Payment Eligibility.
To be eligible for program payments, an advanced biofuel producer
must maintain the records specified in 7 CFR 4288.113.
D. Application and Submission Information
1. Address to Request Applications.
Annual Enrollment Application, Contract, and Payment Request
Application forms are available from the USDA Rural Development State
Office, Rural Development Energy Coordinator (contact information
provided in the SUPPLEMENTARY INFORMATION section of this Notice).
2. Content and Form of Application Submission.
The enrollment provisions, including application content and form
of submission, are specified in 7 CFR 4288.120 and 4288.121.
3. Submission Dates and Times.
(a) Enrollment. Producers must submit a new Enrollment application
for each fiscal year, in which they wish to be considered. The Biofuel
Payment Program Annual Application, Form RD 4288-1, must be received by
the submission deadline specified in DATES.
(b) Payment applications. Advanced biofuel producers must submit
Form RD 4288-3, ``Advanced Biofuel Payment Program--Payment Request,''
for each of the four Federal fiscal quarters for each fiscal year. Pay
requests for each quarter must be received by the submission deadlines
as identified in DATES.
4. Funding Restrictions.
(a) Commodity. Not more than one third (\1/3\) of the funds in any
fiscal year will be made available to one or more eligible producers of
advanced biofuels derived from a single eligible Commodity (as defined
in 7 CFR 4288.102) including intermediate ingredients of that single
Commodity or use of that single Commodity and its intermediate
ingredients in combination with another Commodity.
(b) Large producers. Not more than five (5) percent of the funds in
any fiscal year will be made available to Large Producers (as defined
in 7 CFR 4288.102).
(c) Individual producers. Not more than eight (8) percent of
program funds will be made available in any fiscal year to any eligible
producer of advanced biofuels, that is not a Large producer, to limit
the amount of payments that may be received by a single eligible
producer under this section in order to distribute
[[Page 69355]]
the total amount of funding available in an equitable manner.
The remaining funds will be made available to all other producers.
E. Application Review Information
Payments will be made according to the provisions specified in 7
CFR 4288.130 through 4288.137, unless otherwise specified in this
Notice.
F. Federal Award Administration Information
1. Notice of Eligibility. The provisions of 7 CFR 4288.112 apply to
this Notice. These provisions include notifying an applicant determined
to be eligible for participation and assigning such applicant a
contract number and notifying an applicant determined to be ineligible,
including the reason(s) the applicant was rejected and providing such
applicant appeal rights as specified in 7 CFR 4288.103.
2. Administrative and National Policy Requirements.
(a) Review or appeal rights. A person may seek a review of an
adverse agency decision or appeal to the National Appeals Division as
provided in 7 CFR 4288.103.
(b) Compliance with other laws and regulations. The provisions of 7
CFR 4288.104 apply to this Notice, which includes requiring advanced
biofuel producers to be in compliance with other applicable Federal,
State, and local laws.
(c) Oversight and monitoring. The provisions of 7 CFR 4288.105
apply to this Notice.
(d) Exception authority. The provisions of 7 CFR 4288.107 apply to
this Notice.
(e) Unauthorized Assistance. The provisions of 7 CFR 4288.135 apply
to this Notice.
G. Federal Awarding Agency Contacts
For assistance on this payment program, please contact a USDA Rural
Development Energy Coordinator, as provided in the SUPPLEMENTARY
INFORMATION section of this Notice, or Lisa Noty, Energy Programs, USDA
Rural Development, 511 W 7th Street, Atlantic, IA. Telephone: (712)
243-2107 extension 116. Email: [email protected].
H. Civil Rights Requirements
All grants made under this notice are subject to Title VI of the
Civil Rights Act of 1964 as required by the USDA (7 CFR part 15,
subpart A) and Section 504 of the Rehabilitation Act of 1973, Title
VIII of the Civil Rights Act of 1968, Title IX of the Civil Rights Act
of 1968, Executive Order 13166 (Limited English Proficiency), Executive
Order 11246, and the Equal Credit Opportunity Act of 1974.
I. Other Information
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995, the
information collection requirement contained in this notice is approved
by OMB under OMB Control Number 0570-0070.
Federal Funding Accountability and Transparency Act
All applicants, in accordance with 2 CFR part 25, must have a DUNS
number, which can be obtained at no cost via a toll-free request line
at (866) 705-5711 or online at http://fedgov.dnb.com/webform.
Similarly, all applicants applying for grant funds must be registered
in SAM prior to submitting an application. Applicants may register for
the SAM at http://www.sam.gov/SAM. All recipients of Federal financial
grant assistance are required to report information about first-tier
sub-awards and executive total compensation in accordance with 2 CFR
part 170.
Environmental Review
This document has been reviewed in accordance with 7 CFR part 1970,
subpart A, ``Environmental Policies.'' The Agency has determined that
this action does not constitute a major Federal action significantly
affecting the quality of the human environment, and in accordance with
the National Environmental Policy Act (NEPA) of 1969, Public Law 91-
190, neither an Environmental Assessment nor an Environmental Impact
Statement is required. Payment applications will be reviewed
individually to determine compliance with NEPA.
Nondiscrimination Statement
In accordance with Federal civil rights law and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, the USDA, its
agencies, offices, and employees, and institutions participating in or
administering USDA Programs are prohibited from discriminating based on
race, color, national origin, religion, sex, gender identity (including
gender expression), sexual orientation, disability, age, marital
status, family/parental status, income derived from a public assistance
program, political beliefs, or reprisal or retaliation for prior civil
rights activity, in any program or activity conducted or funded by USDA
(not all bases apply to all programs). Remedies and complaint filing
deadlines vary by program or incident.
Persons with disabilities who require alternative means of
communication for program information (e.g., Braille, large print,
audiotape, American Sign Language, etc.) should contact the responsible
Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or
contact USDA through the Federal Relay Service at (800) 877-8339.
Additionally, program information may be made available in languages
other than English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or
write a letter addressed to USDA and provide in the letter all of the
information requested in the form. To request a copy of the complaint
form, call (866) 632-9992. Submit your completed form or letter to USDA
by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410;
(2) Fax: (202) 690-7442; or
(3) Email: [email protected].
USDA is an equal opportunity provider, employer, and lender.
Bette Brand,
Administrator, Rural Business-Cooperative Service.
[FR Doc. 2019-27215 Filed 12-17-19; 8:45 am]
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