80_FR_38560 80 FR 38432 - Notice of Solicitation of Applications for the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program

80 FR 38432 - Notice of Solicitation of Applications for the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program

DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service

Federal Register Volume 80, Issue 128 (July 6, 2015)

Page Range38432-38436
FR Document2015-16480

This Notice announces the solicitation of applications for funds available under the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program (the Program), formerly the Biorefinery Assistance Program, to provide guaranteed loans to fund the development, construction, and Retrofitting of Commercial Scale biorefineries using Eligible Technology and of Biobased Product Manufacturing facilities that use Technologically New Commercial Scale processing and manufacturing equipment to convert Renewable Chemicals and other biobased outputs of biorefineries into end-user products, on a Commercial Scale.

Federal Register, Volume 80 Issue 128 (Monday, July 6, 2015)
[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Pages 38432-38436]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16480]


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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service


Notice of Solicitation of Applications for the Biorefinery, 
Renewable Chemical, and Biobased Product Manufacturing Assistance 
Program

AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Notice.

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SUMMARY: This Notice announces the solicitation of applications for 
funds available under the Biorefinery, Renewable Chemical, and Biobased 
Product Manufacturing Assistance Program (the Program), formerly the 
Biorefinery Assistance Program, to provide guaranteed loans to fund the 
development, construction, and Retrofitting of Commercial Scale 
biorefineries using Eligible Technology and of Biobased Product 
Manufacturing facilities that use Technologically New Commercial Scale 
processing and manufacturing equipment to convert Renewable Chemicals 
and other biobased outputs of biorefineries into end-user products, on 
a Commercial Scale.

DATES: With this Notice, the Agency is announcing two separate 
application cycles, which are established in accordance with 7 CFR 
4279.260(b), with application deadlines of October 1, 2015, and April 
1, 2016.
    The first application cycle begins with publication of this Notice 
and extends no later than 4:30 p.m. Eastern Daylight Time, October 1, 
2015. The second application cycle begins at the close of the first 
application cycle and extends no later than 4:30 p.m. Eastern Daylight 
Time, April 1, 2016. Applications received after the close of the 
second application cycle will be considered in the subsequent 
application cycle. All applications received prior to October 1, 2015, 
will be evaluated under 7 CFR part 4279, subpart B, published in the 
Federal Register on June 24, 2015.

ADDRESSES: Applications and forms may be obtained from:
     USDA, Rural Business-Cooperative Service, Energy Division, 
Attention: Biorefinery, Renewable Chemical, and Biobased Product 
Manufacturing Assistance Program, 1400 Independence Avenue SW., STOP 
3225, Washington, DC 20250-3225.
     Agency Web site: http://forms.sc.egov.usda.gov/eForms. 
Follow instructions for obtaining the application and forms. 
Application materials can also be obtained from the Agency's Web site. 
http://www.rd.usda.gov/programs-services/biorefinery-assistance-program.

FOR FURTHER INFORMATION CONTACT: Todd Hubbell, Rural Business-
Cooperative Service, Energy Division, Biorefinery, Renewable Chemical, 
and Biobased Product Manufacturing Assistance Program, USDA, 1400 
Independence Avenue SW., Mail Stop 3225, Washington, DC 20250-3225. 
Telephone: 202-690-2516. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995, the 
information collection requirements associated with the Program, as 
covered in this Notice, have been submitted to the Office of Management 
Budget (OMB) under OMB Control Number 0570-0065, for OMB approval.

Overview

    Federal Agency Name: Rural Business-Cooperative Service (an Agency 
of USDA in the Rural Development mission area).
    Solicitation Opportunity Title: Biorefinery, Renewable Chemical, 
and Biobased Product Manufacturing Assistance Program.
    Announcement Type: Notice of Solicitation of Applications.
    Catalog of Federal Domestic Assistance (CFDA) Number: The CFDA 
number for this Notice is 10.865.
    Dates: To receive Program funds for the first application cycle, 
applications must be received in the USDA Rural Business-Cooperative 
Service, Energy Division no later than 4:30 p.m. Eastern Daylight Time 
on October 1, 2015, to compete for program funds. To receive Program 
funds for the second application cycle, applications must be received 
in the USDA Rural Business-Cooperative Service, Energy Division no 
later than 4:30 p.m. Eastern Daylight Time on April 1, 2016. Any 
application received after 4:30 p.m. Eastern Daylight Time on April 1, 
2016, will be considered for the subsequent application cycle for the 
Program.
    Availability of Notice and Rule: This Notice and the interim rule 
for the Program are available on the USDA Rural Development Web site at 
http://www.rd.usda.gov/programs-services/biorefinery-assistance-program 
and at http://www.rd.usda.gov/newsroom.

I. Funding Opportunity Description

    A. Purpose of the Program. The purpose of the Biorefinery, 
Renewable Chemical, and Biobased Product Manufacturing Program is to 
assist in the development of new and emerging technologies for the 
development of Advanced Biofuels, Renewable Chemicals, and Biobased 
Product Manufacturing. This is achieved through guarantees for loans 
made to fund the development, construction, and Retrofitting of 
Commercial Scale biorefineries using Eligible Technology and of 
Biobased Product Manufacturing facilities that use Technologically New 
Commercial Scale processing and manufacturing equipment and required 
facilities to convert Renewable Chemicals and other biobased outputs of 
biorefineries into end-user products on a Commercial Scale.
    B. Statutory Authority. This Program is authorized under 7 U.S.C. 
8103. Regulations are contained in 7 CFR part 4279, subpart C and in 7 
CFR part 4287, subpart D.
    C. Definition of Terms. The definitions applicable to this Notice 
are published at 7 CFR 4279.202 and 7 CFR 4287.302.
    D. Application Awards. The Agency will review, evaluate, score, and 
award applications received in response to this Notice based on the 
provisions found in 7 CFR part 4279, subpart C and as indicated in this 
Notice.

II. Award Information

    A. Available Funds. This Notice is a solicitation for applications 
that will be

[[Page 38433]]

funded using budget authority provided by the Agricultural Act of 2014 
(2014 Farm Bill) and available under current law. Of the funds 
available, the 2014 Farm Bill provided for up to 15 percent of the 
mandatory funds for fiscal years 2014 and 2015 to promote Biobased 
Product Manufacturing.
    B. Type of Award. Guaranteed loan.
    D. Guarantee Loan Funding. The provisions of 7 CFR 4279.232 apply 
to this Notice. The Borrower needs to provide the remaining funds from 
other non-Federal sources to complete the Project.
    E. Guarantee and Annual Renewal Fees. The guarantee and Annual 
Renewal Fees specified in 7 CFR 4279.231 are applicable to this Notice.
    F. Anticipated Award Date. The award date will vary based on timing 
of completion of each Project's individual application process.

III. Eligibility Information

    A. Eligible Lenders. To be eligible for this Program, Lenders must 
meet the eligibility requirements in 7 CFR 4279.208.
    B. Eligible Borrowers. To be eligible for this Program, Borrowers 
must meet the eligibility requirements in 7 CFR 4279.209.
    C. Eligible Projects. To be eligible for this Program, Projects 
must meet the eligibility requirements in 7 CFR 4279.210.
    D. Application Completeness. Incomplete Phase 1 applications will 
be rejected and the Project will be given no further consideration. 
Lenders will be informed of the elements that made the application 
incomplete. If the Lender makes the required edits and resubmits the 
application to the USDA's Rural Business-Cooperative Service, Energy 
Division by 4:30 p.m. Eastern Daylight Time, on the closing date, the 
Agency will reconsider the application.

IV. Application Submission Information

    A. Letter of Intent. For each guarantee request, the Lender or the 
Borrower must submit to the Agency a non-binding letter of intent to 
apply for a loan guarantee not less than 30 calendar days prior to the 
application deadline. The letter must conform to 7 CFR 4279.260. The 
purpose of the letter of intent is to notify the Agency approximately 
how many applications will need to be reviewed, so that Agency 
resources can be organized to adequately and expeditiously review all 
applications. The Agency reserves the right to request additional 
information from potential applicants. Applications that do not submit 
a letter of intent within 30 days of the application deadline will not 
be accepted by the Agency in that particular application cycle.
    B. Applications. For each guarantee request, the Lender must submit 
to the Agency an application in conformance with 7 CFR 4279.261. Phase 
1 applications will provide information to determine Lender, Borrower, 
and Project eligibility; preliminary economic and technical 
feasibility; and the priority score of the application. Based on the 
priority score ranking, the Agency will invite applicants whose Phase 1 
applications receive higher priority scores to submit Phase 2 
applications. Phase 2 application materials will be submitted as the 
Project planning and engineering is finalized and will include 
information such as: An environmental report, technical report, 
financial model, and the Lender's credit evaluation. The information 
required in both phases of the application process is detailed in the 
Agency's Application Guide.
    C. Content and Form of Submission. All applicants must submit one 
paper copy of the application materials and an electronic copy 
containing the same information that is included in the paper copy. 
Detailed instructions regarding application submission are explained in 
the Application Guide that the Agency has developed. The Application 
Guide is available online at http://www.rd.usda.gov/programs-services/biorefinery-assistance-program or by contacting Todd Hubbell, 
Telephone: 202-690-2516. Email: [email protected].
    D. Application Submittal. Application materials must be submitted 
to USDA Rural Business-Cooperative Service, Energy Division, Attention: 
Biorefinery, Renewable Chemical, and Biobased Product Manufacturing 
Assistance Program, 1400 Independence Avenue SW., STOP 3225, 
Washington, DC 20250-3225.

V. Biobased Product Manufacturing

    This Notice also announces the solicitation of applications for 
funds available under the Biorefinery, Renewable Chemical, and Biobased 
Product Manufacturing Assistance Program to specifically fund Biobased 
Product Manufacturing. The 2014 Farm Bill added Biobased Product 
Manufacturing to the Program and provided for up to 15 percent of the 
mandatory funds for fiscal years 2014 and 2015 to be used to support 
facilities producing Biobased Products for end use. The 2014 Farm Bill 
provides the definition of ``Biobased Product Manufacturing,'' which 
the Agency has incorporated into the subsequent interim rule (see 7 CFR 
4279.202). This definition requires that the Biobased Product 
Manufacturing facility use Renewable Chemicals and/or other biobased 
outputs of biorefineries as inputs and also requires that the Borrower 
use Technologically New Commercial Scale processing and manufacturing 
equipment and required facilities. The facility must produce end-user 
products.
    A. Biobased Product Manufacturing Eligibility Information. The 
eligibility requirements for prospective Lenders and Borrowers are the 
same as those listed in Sections III.A and III.B of this Notice. For 
Biobased Product Manufacturing Projects, the Eligible Project 
requirement is modified to reflect that eligible Projects must use 
Technologically New Commercial Scale processing and manufacturing 
equipment and must convert Renewable Chemicals and other biobased 
outputs of biorefineries into end-user products on a Commercial Scale.
    B. Biobased Product Manufacturing Application Processing 
Procedures. The application processing procedures for Biobased Product 
Manufacturing Projects as the same as identified in Section III.D and 
Section IV in this Notice.
    C. Biobased Product Manufacturing Scoring. In lieu of the criteria 
listed in 7 CFR 4279.266, Biobased Product Manufacturing Projects will 
be scored using the criteria listed below:
    (a) Whether the Borrower has established a market for the 
manufactured Biobased Product, as applicable. A maximum of 16 points 
can be awarded. Points to be awarded will be determined as follows:
    (1) Degree of commitment of contracted sales agreements. A maximum 
of 6 points will be awarded.
    (i) If the Borrower has signed contracts for purchase for greater 
than 50 percent of the dollar value of manufactured Biobased Product, 6 
points will be awarded.
    (ii) If the Borrower has signed letters of intent to enter into 
contracted sales agreements, or comparable documentation, for the 
purchase for greater than 50 percent of the dollar value of the 
manufactured Biobased Product, or combination of signed contracts or 
agreements and letters of intent or comparable documentation, 4 points 
will be awarded.
    (iii) If the Borrower has signed letters of interest to enter into 
contracted sales agreements, or comparable documentation, for the 
purchase for greater than 50 percent of the dollar value of the 
manufactured Biobased

[[Page 38434]]

Product, or combination of signed contracts, letters of intent or 
comparable documentation, 2 points will be awarded.
    (2) Duration of contracted sales agreements. A maximum of 6 points 
will be awarded.
    (i) If the Borrower commits to enter into contracted sales 
agreements prior to loan closing for purchase for greater than or equal 
to 50 percent of the dollar value of manufactured Biobased Product for 
the period not less than the loan term, 6 points will be awarded.
    (ii) If the Borrower commits to enter into contracted sales 
agreements prior to loan closing for purchase for greater than or equal 
to 50 percent of the dollar value of the manufactured Biobased Product 
for the period not less than 5 years but less than the term of the 
loan, 4 points will be awarded.
    (iii) If the Borrower commits to enter into contracted sales 
agreements prior to loan closing for purchase for greater than or equal 
to 50 percent of the dollar value of the manufactured Biobased Product 
for the period not less than 1 year but less than 5 years, 2 points 
will be awarded.
    (3) Financial strength of the contracted sales agreement 
counterparty. A maximum of 4 points will be awarded.
    (i) If the Borrower commits to enter into contracted sales 
agreements prior to loan closing for purchase for greater than or equal 
to 50 percent of the dollar value of the manufactured Biobased Product 
with a counterparty with a corporate credit rating not less than AA, 
Aa2, or equivalent, 4 points will be awarded.
    (ii) If the Borrower commits to enter into contracted sales 
agreements prior to loan closing for purchase for greater than or equal 
to 50 percent of the dollar value of the manufactured Biobased Product 
with a counterparty with a corporate credit rating less than AA, Aa2, 
or equivalent, but not less than A-, or A3, or equivalent, 2 points 
will be awarded.
    (iii) If the Borrower commits to enter into contracted sales 
agreements prior to loan closing for purchase for greater than or equal 
to 50 percent of the dollar value of the manufactured Biobased Product 
with a counterparty with a corporate credit rating less than A-, or A3, 
or equivalent, but not less than BBB-, or Baa3, or equivalent, 1 point 
will be awarded.
    (b) Whether the area in which the Borrower proposes to place the 
Project, defined as the area that will supply the Renewable Chemicals 
and other biobased outputs of biorefineries to the proposed Project, 
has any other similar facilities. A maximum of 5 points can be awarded. 
Points to be awarded will be determined as follows:
    (1) If the area that will supply the Renewable Chemicals and other 
biobased outputs of biorefineries to the proposed Project does not have 
any other similar facilities, 5 points will be awarded.
    (2) If there are other similar facilities located within the area 
that will supply the Renewable Chemicals and other biobased outputs of 
biorefineries to the proposed Project, 0 points will be awarded.
    (c) Whether the Borrower is proposing to use Renewable Chemicals 
and other biobased outputs of biorefineries not previously used in the 
Biobased Product Manufacturing. A maximum of 10 points can be awarded. 
Points to be awarded will be determined as follows:
    (1) If the Borrower proposes to use Renewable Chemicals and other 
biobased outputs of biorefineries previously used in the manufacture of 
a Biobased Product in a commercial facility, 0 points will be awarded.
    (2) If the Borrower proposes to use Renewable Chemicals and other 
biobased outputs of biorefineries not previously used in the 
manufacture of a Biobased Product in a commercial facility, 10 points 
will be awarded.
    (d) Whether the Borrower is proposing to work with producer 
associations or cooperatives. A maximum of 5 points can be awarded. 
Points to be awarded will be determined as follows:
    (1) If at least 50 percent of the dollar value of Renewable 
Chemicals and other biobased outputs of biorefineries to be used by the 
proposed Project will be supplied by producer associations and 
cooperatives or biorefineries supplied by producer associations and 
cooperatives, 5 points will be awarded.
    (2) If at least 30 percent of the dollar value of Renewable 
Chemicals and other biobased outputs of biorefineries to be used by the 
proposed Project will be supplied by producer associations and 
cooperatives or biorefineries supplied by producer associations and 
cooperatives, 3 points will be awarded.
    (e) The level of financial participation by the Borrower, including 
support from non-Federal Government sources and private sources. A 
maximum of 20 points can be awarded. Points to be awarded will be 
determined as follows:
    (1) If the sum of the loan amount requested and other direct 
Federal funding is less than or equal to 50 percent of total Eligible 
Project Costs, 20 points will be awarded.
    (2) If the sum of the loan amount requested and other direct 
Federal funding is greater than 50 percent but less than or equal to 55 
percent of total Eligible Project Costs, 16 points will be awarded.
    (3) If the sum of the loan amount requested and other direct 
Federal funding is greater than 55 percent but less than or equal to 60 
percent of total Eligible Project Costs, 12 points will be awarded.
    (4) If the sum of the loan amount and other direct Federal funding 
is greater than 60 percent but less than or equal to 65 percent of 
total Eligible Project Costs, 8 points will be awarded.
    (5) If the sum of the loan amount and other direct Federal funding 
is greater than 65 percent but less than or equal to 70 percent of 
total Eligible Project Costs, 4 points will be awarded.
    (f) Whether the Borrower has established that the adoption of the 
manufacturing process proposed in the application will have a positive 
effect on three impact areas: Resource conservation (e.g., water, soil, 
forest), public health (e.g., potable water, air quality), and the 
environment (e.g., compliance with an applicable renewable fuel 
standard, greenhouse gases, emissions, particulate matter). A maximum 
of 10 points can be awarded. Based on what the Borrower has provided in 
either the application or the Feasibility Study, points to be awarded 
will be determined as follows:
    (1) If process adoption will have a positive impact on any one of 
the three impact areas (resource conservation, public health, or the 
environment), 3 points will be awarded.
    (2) If process adoption will have a positive impact on two of the 
three impact areas, 6 points will be awarded.
    (3) If process adoption will have a positive impact on all three 
impact areas, 10 points will be awarded.
    (g) Whether the Borrower can establish that, if adopted, the 
technology proposed in the application will not have any economically 
significant negative impacts on existing manufacturing plants or other 
facilities that use Renewable Chemicals and other biobased outputs of 
biorefineries. A maximum of 5 points can be awarded. Points to be 
awarded will be determined as follows:
    (1) If the Borrower has failed to establish, through an independent 
third-party Feasibility Study, that the production technology proposed 
in the application, if adopted, will not have any economically 
significant negative impacts on existing manufacturing plants or other 
facilities that use similar Renewable Chemicals and other biobased 
outputs of biorefineries, 0 points will be awarded.

[[Page 38435]]

    (2) If the Borrower has established, through an independent third-
party Feasibility Study, that the production technology proposed in the 
application, if adopted, will not have any economically significant 
negative impacts on existing manufacturing plants or other facilities 
that use Renewable Chemicals and other biobased outputs of 
biorefineries, 5 points will be awarded.
    (h) The potential for Rural economic development. A maximum of 10 
points will be awarded. Points to be awarded will be determined as 
follows:
    (1) If the Project is located in a Rural Area, 5 points will be 
awarded.
    (2) If the Project creates jobs through direct employment with an 
average wage that exceeds the county median household wages where the 
Project will be located, 5 points will be awarded.
    (i) The level of local ownership of the facility proposed in the 
application. For the purposes of this Notice, a Local Owner is defined 
as ``An individual who owns any portion of an eligible Advanced Biofuel 
Biorefinery and whose primary residence is located within 50 miles of 
the Biorefinery.'' A maximum of 5 points can be awarded. Points to be 
awarded will be determined as follows:
    (1) If Local Owners have an ownership interest in the facility of 
more than 20 percent but less than or equal to 50 percent, 3 points 
will be awarded.
    (2) If Local Owners have an ownership interest in the facility of 
more than 50 percent, 5 points will be awarded.
    (j) Whether the Project can be replicated. A maximum of 10 points 
can be awarded. Points to be awarded will be determined as follows:
    (1) If the Project can be commercially replicated regionally (e.g., 
Northeast, Southwest, etc.), 5 points will be awarded.
    (2) If the Project can be commercially replicated nationally, 10 
points will be awarded.
    (k) If the Project uses a particular technology, system, or process 
that is not currently operating at Commercial Scale as of October 1 of 
the fiscal year for which the funding is available (October 1, 2014 for 
the first application cycle which deadline is October 5, 2015, and as 
of October 1, 2015 for the applications submitted for cycles ending 
October 1, 2015 and April 1, 2016, 5 points will be awarded.
    (l) The Administrator can award up to a maximum of 10 bonus points:
    (1) To ensure, to the extent practical, there is diversity in the 
types of Projects approved for loan guarantees to ensure a wide a range 
as possible technologies, products, and approaches are assisted in the 
program portfolio; and
    (2) To applications that promote partnerships and other activities 
that assist in the development of new and emerging technologies for the 
development of Renewable Chemicals and other biobased outputs of 
biorefineries, so as to, as applicable, promote resource conservation, 
public health, and the environment; diversify markets for agricultural 
and forestry products and agriculture waste material; and create jobs 
and enhance the economic development of the Rural economy. No 
additional information regarding partnerships is detailed in this 
Notice.

VI. General Program Information

    A. Loan Origination. Lenders seeking a loan guarantee under this 
Notice must comply with the all of the provisions found in 7 CFR 4279, 
subpart C.
    B. Loan Processing. The Agency will process loans guaranteed under 
this Notice in accordance with the provisions specified in 7 CFR 
4279.260 through 4279.290.
    C. Evaluation of Applications and Awards. Awards under this Notice 
will be made on a competitive basis; submission of an application 
neither reserves funding nor ensures funding. The Agency will evaluate 
each application received in the USDA Rural Business-Cooperative 
Service, Energy Division, select Phase 1 applications in accordance 
with 7 CFR 4279.267 to invite submittal of Phase 2 applications, and 
will make awards using the provisions specified in 7 CFR 4279.278.
    D. Guaranteed Loan Servicing. The Agency will service loans 
guaranteed under this Notice in accordance with the provisions 
specified in 7 CFR 4287.301 through 4287.399.

VII. Administration Information

    A. Notifications. The Agency will notify, in writing, Lenders whose 
Phase 1 applications have scored highest and will invite them to submit 
Phase 2 applications. If the Agency determines it is unable to 
guarantee any particular loan, the Lender will be informed in writing. 
Such notification will include the reasons for denial of the guarantee.
    B. Administrative and National Policy Requirements.
    1. Review or Appeal Rights. A person may seek a review of an Agency 
decision or appeal to the National Appeals Division in accordance with 
7 CFR 4279.204.
    2. Exception Authority. The provisions specified in 7 CFR 4279.203 
and 7 CFR 4287.303 apply to this Notice.
    C. Environmental Review. The Agency has reviewed the types of 
applicant proposals that may qualify for assistance under this section 
and has determined, in accordance with 7 CFR part 1940, subpart G, that 
all proposals shall be reviewed as a Class II Environmental Assessment. 
Furthermore, if after Agency review of proposals the Agency has 
determined that the proposal could result in significant environmental 
impacts on the quality of the human environment, an Environmental 
Impact Statement may be required pursuant to 7 CFR 1940.313. 
Environmental Assessments for Projects that score high enough will be 
submitted during the Phase 2 application process and must be conducted 
in accordance with 7 CFR part 1940, subpart G. Guidelines for preparing 
the Environmental Assessment are available by reviewing 7 CFR part 
1940, subpart G and by reviewing the Application Guide, available on 
the Agency's Web site. http://www.rd.usda.gov/programs-services/biorefinery-assistance-program. Applicants are reminded that this 
program is governed by 7 CFR part 1940, subpart G or successor 
regulation.

VIII. Agency Contacts

    For general questions about this Notice, please contact Todd 
Hubbell, Rural Business-Cooperative Service, Energy Division, 
Biorefinery Assistance Program, U.S. Department of Agriculture, 1400 
Independence Avenue SW., Mail Stop 3225, Washington, DC 20250-3225. 
Telephone: 202-690-2516. Email: [email protected].

Nondiscrimination Statement

    The U.S. Department of Agriculture (USDA) prohibits discrimination 
against its customers, employees, and applicants for employment on the 
bases of race, color, national origin, age, disability, sex, gender 
identity, religion, reprisal, and where applicable, political beliefs, 
marital status, familial or parental status, sexual orientation, or all 
or part of an individual's income is derived from any public assistance 
program, or protected genetic information in employment or in any 
program or activity conducted or funded by the Department. (Not all 
prohibited bases will apply to all programs and/or employment 
activities.)
    If you wish to file a Civil Rights program complaint of 
discrimination, complete the USDA Program Discrimination Complaint Form 
(PDF), found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call

[[Page 38436]]

(866) 632-9992 to request the form. You may also write a letter 
containing all of the information requested in the form. Send your 
completed complaint form or letter to us by mail at U.S. Department of 
Agriculture, Director, Office of Adjudication, 1400 Independence Avenue 
SW., Washington, DC 20250-9410, by fax (202) 690-7442 or email at 
[email protected].
    Individuals who are deaf, hard of hearing or have speech 
disabilities and you wish to file either an EEO or program complaint 
please contact USDA through the Federal Relay Service at (800) 877-8339 
or (800) 845-6136 (in Spanish).
    Persons with disabilities, who wish to file a program complaint, 
please see information above on how to contact us by mail directly or 
by email. If you require alternative means of communication for program 
information (e.g., Braille, large print, audiotape, etc.) please 
contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    Dated: June 29, 2015.
Samuel Rikkers,
Acting Administrator, Rural Business-Cooperative Service.
[FR Doc. 2015-16480 Filed 7-2-15; 8:45 am]
 BILLING CODE 3410-XY-P



                                             38432                            Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices

                                             are seven percent lower than they were                   cycles, which are established in                         Catalog of Federal Domestic
                                             for NEERS5 even with the inclusion of                    accordance with 7 CFR 4279.260(b),                    Assistance (CFDA) Number: The CFDA
                                             the new reporting elements (EFNEP                        with application deadlines of October 1,              number for this Notice is 10.865.
                                             program plans and budgets). This                         2015, and April 1, 2016.                                 Dates: To receive Program funds for
                                             indicates that even though additional                      The first application cycle begins with             the first application cycle, applications
                                             reporting requirements were included in                  publication of this Notice and extends                must be received in the USDA Rural
                                             the updated system, the overall burden                   no later than 4:30 p.m. Eastern Daylight              Business-Cooperative Service, Energy
                                             to the users was reduced.                                Time, October 1, 2015. The second                     Division no later than 4:30 p.m. Eastern
                                                Comments: Comments are invited on:                    application cycle begins at the close of              Daylight Time on October 1, 2015, to
                                             (a) Whether the proposed collection of                   the first application cycle and extends               compete for program funds. To receive
                                             information is necessary for the proper                  no later than 4:30 p.m. Eastern Daylight              Program funds for the second
                                             performance of the functions of the                      Time, April 1, 2016. Applications                     application cycle, applications must be
                                             Agency, including whether the                            received after the close of the second                received in the USDA Rural Business-
                                             information will have practical utility;                 application cycle will be considered in               Cooperative Service, Energy Division no
                                             (b) the accuracy of the Agency’s                         the subsequent application cycle. All                 later than 4:30 p.m. Eastern Daylight
                                             estimate of the burden of the proposed                   applications received prior to October 1,             Time on April 1, 2016. Any application
                                             collection of information; (c) ways to                   2015, will be evaluated under 7 CFR                   received after 4:30 p.m. Eastern Daylight
                                             enhance the quality, utility, and clarity                part 4279, subpart B, published in the                Time on April 1, 2016, will be
                                             of the information to be collected; and                  Federal Register on June 24, 2015.                    considered for the subsequent
                                             (d) ways to minimize the burden of the                   ADDRESSES: Applications and forms may                 application cycle for the Program.
                                             collection of information on those who                   be obtained from:                                        Availability of Notice and Rule: This
                                             are to respond, including through the                      • USDA, Rural Business-Cooperative                  Notice and the interim rule for the
                                             use of appropriate automated,                            Service, Energy Division, Attention:                  Program are available on the USDA
                                             electronic, mechanical, or other                         Biorefinery, Renewable Chemical, and                  Rural Development Web site at http://
                                             technological collection techniques or                   Biobased Product Manufacturing                        www.rd.usda.gov/programs-services/
                                             other forms of information technology.                   Assistance Program, 1400 Independence                 biorefinery-assistance-program and at
                                               Done in Washington, DC, this 23rd day of               Avenue SW., STOP 3225, Washington,                    http://www.rd.usda.gov/newsroom.
                                             June, 2015.                                              DC 20250–3225.
                                                                                                        • Agency Web site: http://                          I. Funding Opportunity Description
                                             Ann Bartuska,
                                                                                                      forms.sc.egov.usda.gov/eForms. Follow                    A. Purpose of the Program. The
                                             Deputy Under Secretary, Research,
                                             Education, and Economics.
                                                                                                      instructions for obtaining the                        purpose of the Biorefinery, Renewable
                                                                                                      application and forms. Application                    Chemical, and Biobased Product
                                             [FR Doc. 2015–16472 Filed 7–2–15; 8:45 am]
                                                                                                      materials can also be obtained from the               Manufacturing Program is to assist in
                                             BILLING CODE 3410–22–P
                                                                                                      Agency’s Web site. http://                            the development of new and emerging
                                                                                                      www.rd.usda.gov/programs-services/                    technologies for the development of
                                                                                                      biorefinery-assistance-program.                       Advanced Biofuels, Renewable
                                             DEPARTMENT OF AGRICULTURE
                                                                                                      FOR FURTHER INFORMATION CONTACT:                      Chemicals, and Biobased Product
                                             Rural Business-Cooperative Service                       Todd Hubbell, Rural Business-                         Manufacturing. This is achieved
                                                                                                      Cooperative Service, Energy Division,                 through guarantees for loans made to
                                             Notice of Solicitation of Applications                   Biorefinery, Renewable Chemical, and                  fund the development, construction,
                                             for the Biorefinery, Renewable                           Biobased Product Manufacturing                        and Retrofitting of Commercial Scale
                                             Chemical, and Biobased Product                           Assistance Program, USDA, 1400                        biorefineries using Eligible Technology
                                             Manufacturing Assistance Program                         Independence Avenue SW., Mail Stop                    and of Biobased Product Manufacturing
                                                                                                      3225, Washington, DC 20250–3225.                      facilities that use Technologically New
                                             AGENCY:  Rural Business-Cooperative
                                                                                                      Telephone: 202–690–2516. Email:                       Commercial Scale processing and
                                             Service, USDA.
                                                                                                      Todd.Hubbell@wdc.usda.gov.                            manufacturing equipment and required
                                             ACTION: Notice.
                                                                                                      SUPPLEMENTARY INFORMATION:                            facilities to convert Renewable
                                             SUMMARY:    This Notice announces the                                                                          Chemicals and other biobased outputs
                                                                                                      Paperwork Reduction Act                               of biorefineries into end-user products
                                             solicitation of applications for funds
                                             available under the Biorefinery,                           In accordance with the Paperwork                    on a Commercial Scale.
                                             Renewable Chemical, and Biobased                         Reduction Act of 1995, the information                   B. Statutory Authority. This Program
                                             Product Manufacturing Assistance                         collection requirements associated with               is authorized under 7 U.S.C. 8103.
                                             Program (the Program), formerly the                      the Program, as covered in this Notice,               Regulations are contained in 7 CFR part
                                             Biorefinery Assistance Program, to                       have been submitted to the Office of                  4279, subpart C and in 7 CFR part 4287,
                                             provide guaranteed loans to fund the                     Management Budget (OMB) under OMB                     subpart D.
                                             development, construction, and                           Control Number 0570–0065, for OMB                        C. Definition of Terms. The
                                             Retrofitting of Commercial Scale                         approval.                                             definitions applicable to this Notice are
                                             biorefineries using Eligible Technology                                                                        published at 7 CFR 4279.202 and 7 CFR
                                                                                                      Overview                                              4287.302.
                                             and of Biobased Product Manufacturing
                                                                                                        Federal Agency Name: Rural                             D. Application Awards. The Agency
                                             facilities that use Technologically New
                                                                                                      Business-Cooperative Service (an                      will review, evaluate, score, and award
                                             Commercial Scale processing and
                                                                                                      Agency of USDA in the Rural                           applications received in response to this
                                             manufacturing equipment to convert
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                                                                                                      Development mission area).                            Notice based on the provisions found in
                                             Renewable Chemicals and other                              Solicitation Opportunity Title:                     7 CFR part 4279, subpart C and as
                                             biobased outputs of biorefineries into                   Biorefinery, Renewable Chemical, and                  indicated in this Notice.
                                             end-user products, on a Commercial                       Biobased Product Manufacturing
                                             Scale.                                                   Assistance Program.                                   II. Award Information
                                             DATES: With this Notice, the Agency is                     Announcement Type: Notice of                           A. Available Funds. This Notice is a
                                             announcing two separate application                      Solicitation of Applications.                         solicitation for applications that will be


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                                                                              Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices                                             38433

                                             funded using budget authority provided                   within 30 days of the application                     incorporated into the subsequent
                                             by the Agricultural Act of 2014 (2014                    deadline will not be accepted by the                  interim rule (see 7 CFR 4279.202). This
                                             Farm Bill) and available under current                   Agency in that particular application                 definition requires that the Biobased
                                             law. Of the funds available, the 2014                    cycle.                                                Product Manufacturing facility use
                                             Farm Bill provided for up to 15 percent                     B. Applications. For each guarantee                Renewable Chemicals and/or other
                                             of the mandatory funds for fiscal years                  request, the Lender must submit to the                biobased outputs of biorefineries as
                                             2014 and 2015 to promote Biobased                        Agency an application in conformance                  inputs and also requires that the
                                             Product Manufacturing.                                   with 7 CFR 4279.261. Phase 1                          Borrower use Technologically New
                                               B. Type of Award. Guaranteed loan.                     applications will provide information to              Commercial Scale processing and
                                               D. Guarantee Loan Funding. The                         determine Lender, Borrower, and                       manufacturing equipment and required
                                             provisions of 7 CFR 4279.232 apply to                    Project eligibility; preliminary economic             facilities. The facility must produce
                                             this Notice. The Borrower needs to                       and technical feasibility; and the                    end-user products.
                                             provide the remaining funds from other                   priority score of the application. Based                 A. Biobased Product Manufacturing
                                             non-Federal sources to complete the                      on the priority score ranking, the                    Eligibility Information. The eligibility
                                             Project.                                                 Agency will invite applicants whose                   requirements for prospective Lenders
                                               E. Guarantee and Annual Renewal                        Phase 1 applications receive higher                   and Borrowers are the same as those
                                             Fees. The guarantee and Annual                           priority scores to submit Phase 2                     listed in Sections III.A and III.B of this
                                             Renewal Fees specified in 7 CFR                          applications. Phase 2 application                     Notice. For Biobased Product
                                             4279.231 are applicable to this Notice.                  materials will be submitted as the                    Manufacturing Projects, the Eligible
                                               F. Anticipated Award Date. The                         Project planning and engineering is                   Project requirement is modified to
                                             award date will vary based on timing of                  finalized and will include information                reflect that eligible Projects must use
                                             completion of each Project’s individual                  such as: An environmental report,                     Technologically New Commercial Scale
                                             application process.                                     technical report, financial model, and                processing and manufacturing
                                                                                                      the Lender’s credit evaluation. The                   equipment and must convert Renewable
                                             III. Eligibility Information
                                                                                                      information required in both phases of                Chemicals and other biobased outputs
                                                A. Eligible Lenders. To be eligible for               the application process is detailed in the            of biorefineries into end-user products
                                             this Program, Lenders must meet the                      Agency’s Application Guide.                           on a Commercial Scale.
                                             eligibility requirements in 7 CFR                           C. Content and Form of Submission.                    B. Biobased Product Manufacturing
                                             4279.208.                                                All applicants must submit one paper                  Application Processing Procedures. The
                                                B. Eligible Borrowers. To be eligible                 copy of the application materials and an              application processing procedures for
                                             for this Program, Borrowers must meet                    electronic copy containing the same                   Biobased Product Manufacturing
                                             the eligibility requirements in 7 CFR                    information that is included in the                   Projects as the same as identified in
                                             4279.209.                                                paper copy. Detailed instructions                     Section III.D and Section IV in this
                                                C. Eligible Projects. To be eligible for              regarding application submission are                  Notice.
                                             this Program, Projects must meet the                     explained in the Application Guide that                  C. Biobased Product Manufacturing
                                             eligibility requirements in 7 CFR                        the Agency has developed. The                         Scoring. In lieu of the criteria listed in
                                             4279.210.                                                Application Guide is available online at              7 CFR 4279.266, Biobased Product
                                                D. Application Completeness.                          http://www.rd.usda.gov/programs-                      Manufacturing Projects will be scored
                                             Incomplete Phase 1 applications will be                  services/biorefinery-assistance-program               using the criteria listed below:
                                             rejected and the Project will be given no                or by contacting Todd Hubbell,                           (a) Whether the Borrower has
                                             further consideration. Lenders will be                   Telephone: 202–690–2516. Email:                       established a market for the
                                             informed of the elements that made the                   Todd.Hubbell@wdc.usda.gov.                            manufactured Biobased Product, as
                                             application incomplete. If the Lender                       D. Application Submittal. Application              applicable. A maximum of 16 points can
                                             makes the required edits and resubmits                   materials must be submitted to USDA                   be awarded. Points to be awarded will
                                             the application to the USDA’s Rural                      Rural Business-Cooperative Service,                   be determined as follows:
                                             Business-Cooperative Service, Energy                     Energy Division, Attention: Biorefinery,                 (1) Degree of commitment of
                                             Division by 4:30 p.m. Eastern Daylight                   Renewable Chemical, and Biobased                      contracted sales agreements. A
                                             Time, on the closing date, the Agency                    Product Manufacturing Assistance                      maximum of 6 points will be awarded.
                                             will reconsider the application.                         Program, 1400 Independence Avenue                        (i) If the Borrower has signed
                                                                                                      SW., STOP 3225, Washington, DC                        contracts for purchase for greater than
                                             IV. Application Submission
                                                                                                      20250–3225.                                           50 percent of the dollar value of
                                             Information
                                                                                                                                                            manufactured Biobased Product, 6
                                                A. Letter of Intent. For each guarantee               V. Biobased Product Manufacturing
                                                                                                                                                            points will be awarded.
                                             request, the Lender or the Borrower                        This Notice also announces the                         (ii) If the Borrower has signed letters
                                             must submit to the Agency a non-                         solicitation of applications for funds                of intent to enter into contracted sales
                                             binding letter of intent to apply for a                  available under the Biorefinery,                      agreements, or comparable
                                             loan guarantee not less than 30 calendar                 Renewable Chemical, and Biobased                      documentation, for the purchase for
                                             days prior to the application deadline.                  Product Manufacturing Assistance                      greater than 50 percent of the dollar
                                             The letter must conform to 7 CFR                         Program to specifically fund Biobased                 value of the manufactured Biobased
                                             4279.260. The purpose of the letter of                   Product Manufacturing. The 2014 Farm                  Product, or combination of signed
                                             intent is to notify the Agency                           Bill added Biobased Product                           contracts or agreements and letters of
                                             approximately how many applications                      Manufacturing to the Program and                      intent or comparable documentation, 4
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                                             will need to be reviewed, so that Agency                 provided for up to 15 percent of the                  points will be awarded.
                                             resources can be organized to                            mandatory funds for fiscal years 2014                    (iii) If the Borrower has signed letters
                                             adequately and expeditiously review all                  and 2015 to be used to support facilities             of interest to enter into contracted sales
                                             applications. The Agency reserves the                    producing Biobased Products for end                   agreements, or comparable
                                             right to request additional information                  use. The 2014 Farm Bill provides the                  documentation, for the purchase for
                                             from potential applicants. Applications                  definition of ‘‘Biobased Product                      greater than 50 percent of the dollar
                                             that do not submit a letter of intent                    Manufacturing,’’ which the Agency has                 value of the manufactured Biobased


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                                             38434                            Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices

                                             Product, or combination of signed                        facilities. A maximum of 5 points can be              funding is greater than 50 percent but
                                             contracts, letters of intent or comparable               awarded. Points to be awarded will be                 less than or equal to 55 percent of total
                                             documentation, 2 points will be                          determined as follows:                                Eligible Project Costs, 16 points will be
                                             awarded.                                                   (1) If the area that will supply the                awarded.
                                               (2) Duration of contracted sales                       Renewable Chemicals and other                           (3) If the sum of the loan amount
                                             agreements. A maximum of 6 points                        biobased outputs of biorefineries to the              requested and other direct Federal
                                             will be awarded.                                         proposed Project does not have any                    funding is greater than 55 percent but
                                               (i) If the Borrower commits to enter                   other similar facilities, 5 points will be            less than or equal to 60 percent of total
                                             into contracted sales agreements prior to                awarded.                                              Eligible Project Costs, 12 points will be
                                             loan closing for purchase for greater                      (2) If there are other similar facilities           awarded.
                                             than or equal to 50 percent of the dollar                located within the area that will supply                (4) If the sum of the loan amount and
                                             value of manufactured Biobased Product                   the Renewable Chemicals and other                     other direct Federal funding is greater
                                             for the period not less than the loan                    biobased outputs of biorefineries to the              than 60 percent but less than or equal
                                             term, 6 points will be awarded.                          proposed Project, 0 points will be                    to 65 percent of total Eligible Project
                                               (ii) If the Borrower commits to enter                  awarded.                                              Costs, 8 points will be awarded.
                                             into contracted sales agreements prior to                  (c) Whether the Borrower is proposing                 (5) If the sum of the loan amount and
                                             loan closing for purchase for greater                    to use Renewable Chemicals and other                  other direct Federal funding is greater
                                             than or equal to 50 percent of the dollar                biobased outputs of biorefineries not                 than 65 percent but less than or equal
                                             value of the manufactured Biobased                       previously used in the Biobased Product               to 70 percent of total Eligible Project
                                             Product for the period not less than 5                   Manufacturing. A maximum of 10                        Costs, 4 points will be awarded.
                                             years but less than the term of the loan,                points can be awarded. Points to be                     (f) Whether the Borrower has
                                             4 points will be awarded.                                awarded will be determined as follows:                established that the adoption of the
                                               (iii) If the Borrower commits to enter                   (1) If the Borrower proposes to use                 manufacturing process proposed in the
                                             into contracted sales agreements prior to                Renewable Chemicals and other                         application will have a positive effect
                                             loan closing for purchase for greater                    biobased outputs of biorefineries                     on three impact areas: Resource
                                             than or equal to 50 percent of the dollar                previously used in the manufacture of a               conservation (e.g., water, soil, forest),
                                             value of the manufactured Biobased                       Biobased Product in a commercial                      public health (e.g., potable water, air
                                             Product for the period not less than 1                   facility, 0 points will be awarded.                   quality), and the environment (e.g.,
                                             year but less than 5 years, 2 points will                  (2) If the Borrower proposes to use                 compliance with an applicable
                                             be awarded.                                              Renewable Chemicals and other                         renewable fuel standard, greenhouse
                                               (3) Financial strength of the                          biobased outputs of biorefineries not                 gases, emissions, particulate matter). A
                                             contracted sales agreement                               previously used in the manufacture of a               maximum of 10 points can be awarded.
                                             counterparty. A maximum of 4 points                      Biobased Product in a commercial                      Based on what the Borrower has
                                             will be awarded.                                         facility, 10 points will be awarded.                  provided in either the application or the
                                               (i) If the Borrower commits to enter                     (d) Whether the Borrower is                         Feasibility Study, points to be awarded
                                             into contracted sales agreements prior to                proposing to work with producer                       will be determined as follows:
                                             loan closing for purchase for greater                    associations or cooperatives. A                         (1) If process adoption will have a
                                             than or equal to 50 percent of the dollar                maximum of 5 points can be awarded.                   positive impact on any one of the three
                                             value of the manufactured Biobased                       Points to be awarded will be determined               impact areas (resource conservation,
                                             Product with a counterparty with a                       as follows:                                           public health, or the environment), 3
                                             corporate credit rating not less than AA,                  (1) If at least 50 percent of the dollar            points will be awarded.
                                             Aa2, or equivalent, 4 points will be                     value of Renewable Chemicals and other                  (2) If process adoption will have a
                                             awarded.                                                 biobased outputs of biorefineries to be               positive impact on two of the three
                                               (ii) If the Borrower commits to enter                  used by the proposed Project will be                  impact areas, 6 points will be awarded.
                                             into contracted sales agreements prior to                supplied by producer associations and                   (3) If process adoption will have a
                                             loan closing for purchase for greater                    cooperatives or biorefineries supplied                positive impact on all three impact
                                             than or equal to 50 percent of the dollar                by producer associations and                          areas, 10 points will be awarded.
                                             value of the manufactured Biobased                       cooperatives, 5 points will be awarded.                 (g) Whether the Borrower can
                                             Product with a counterparty with a                         (2) If at least 30 percent of the dollar            establish that, if adopted, the technology
                                             corporate credit rating less than AA,                    value of Renewable Chemicals and other                proposed in the application will not
                                             Aa2, or equivalent, but not less than                    biobased outputs of biorefineries to be               have any economically significant
                                             A¥, or A3, or equivalent, 2 points will                  used by the proposed Project will be                  negative impacts on existing
                                             be awarded.                                              supplied by producer associations and                 manufacturing plants or other facilities
                                               (iii) If the Borrower commits to enter                 cooperatives or biorefineries supplied                that use Renewable Chemicals and other
                                             into contracted sales agreements prior to                by producer associations and                          biobased outputs of biorefineries. A
                                             loan closing for purchase for greater                    cooperatives, 3 points will be awarded.               maximum of 5 points can be awarded.
                                             than or equal to 50 percent of the dollar                  (e) The level of financial participation            Points to be awarded will be determined
                                             value of the manufactured Biobased                       by the Borrower, including support from               as follows:
                                             Product with a counterparty with a                       non-Federal Government sources and                      (1) If the Borrower has failed to
                                             corporate credit rating less than A¥, or                 private sources. A maximum of 20                      establish, through an independent third-
                                             A3, or equivalent, but not less than                     points can be awarded. Points to be                   party Feasibility Study, that the
                                             BBB¥, or Baa3, or equivalent, 1 point                    awarded will be determined as follows:                production technology proposed in the
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                                             will be awarded.                                           (1) If the sum of the loan amount                   application, if adopted, will not have
                                               (b) Whether the area in which the                      requested and other direct Federal                    any economically significant negative
                                             Borrower proposes to place the Project,                  funding is less than or equal to 50                   impacts on existing manufacturing
                                             defined as the area that will supply the                 percent of total Eligible Project Costs, 20           plants or other facilities that use similar
                                             Renewable Chemicals and other                            points will be awarded.                               Renewable Chemicals and other
                                             biobased outputs of biorefineries to the                   (2) If the sum of the loan amount                   biobased outputs of biorefineries, 0
                                             proposed Project, has any other similar                  requested and other direct Federal                    points will be awarded.


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                                                                              Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices                                             38435

                                                (2) If the Borrower has established,                  a wide a range as possible technologies,              and 7 CFR 4287.303 apply to this
                                             through an independent third-party                       products, and approaches are assisted in              Notice.
                                             Feasibility Study, that the production                   the program portfolio; and                              C. Environmental Review. The Agency
                                             technology proposed in the application,                    (2) To applications that promote                    has reviewed the types of applicant
                                             if adopted, will not have any                            partnerships and other activities that                proposals that may qualify for assistance
                                             economically significant negative                        assist in the development of new and                  under this section and has determined,
                                             impacts on existing manufacturing                        emerging technologies for the                         in accordance with 7 CFR part 1940,
                                             plants or other facilities that use                      development of Renewable Chemicals                    subpart G, that all proposals shall be
                                             Renewable Chemicals and other                            and other biobased outputs of                         reviewed as a Class II Environmental
                                             biobased outputs of biorefineries, 5                     biorefineries, so as to, as applicable,               Assessment. Furthermore, if after
                                             points will be awarded.                                  promote resource conservation, public                 Agency review of proposals the Agency
                                                (h) The potential for Rural economic                  health, and the environment; diversify                has determined that the proposal could
                                             development. A maximum of 10 points                      markets for agricultural and forestry                 result in significant environmental
                                             will be awarded. Points to be awarded                    products and agriculture waste material;              impacts on the quality of the human
                                             will be determined as follows:                           and create jobs and enhance the                       environment, an Environmental Impact
                                                (1) If the Project is located in a Rural              economic development of the Rural                     Statement may be required pursuant to
                                             Area, 5 points will be awarded.                          economy. No additional information                    7 CFR 1940.313. Environmental
                                                (2) If the Project creates jobs through               regarding partnerships is detailed in this            Assessments for Projects that score high
                                             direct employment with an average                        Notice.                                               enough will be submitted during the
                                             wage that exceeds the county median                                                                            Phase 2 application process and must be
                                             household wages where the Project will                   VI. General Program Information                       conducted in accordance with 7 CFR
                                             be located, 5 points will be awarded.                       A. Loan Origination. Lenders seeking               part 1940, subpart G. Guidelines for
                                                (i) The level of local ownership of the               a loan guarantee under this Notice must               preparing the Environmental
                                             facility proposed in the application. For                comply with the all of the provisions                 Assessment are available by reviewing 7
                                             the purposes of this Notice, a Local                     found in 7 CFR 4279, subpart C.                       CFR part 1940, subpart G and by
                                             Owner is defined as ‘‘An individual                         B. Loan Processing. The Agency will                reviewing the Application Guide,
                                             who owns any portion of an eligible                      process loans guaranteed under this                   available on the Agency’s Web site.
                                             Advanced Biofuel Biorefinery and                         Notice in accordance with the                         http://www.rd.usda.gov/programs-
                                             whose primary residence is located                       provisions specified in 7 CFR 4279.260                services/biorefinery-assistance-program.
                                             within 50 miles of the Biorefinery.’’ A                  through 4279.290.                                     Applicants are reminded that this
                                             maximum of 5 points can be awarded.                         C. Evaluation of Applications and                  program is governed by 7 CFR part
                                             Points to be awarded will be determined                  Awards. Awards under this Notice will                 1940, subpart G or successor regulation.
                                             as follows:                                              be made on a competitive basis;                       VIII. Agency Contacts
                                                (1) If Local Owners have an                           submission of an application neither
                                             ownership interest in the facility of                                                                            For general questions about this
                                                                                                      reserves funding nor ensures funding.                 Notice, please contact Todd Hubbell,
                                             more than 20 percent but less than or                    The Agency will evaluate each
                                             equal to 50 percent, 3 points will be                                                                          Rural Business–Cooperative Service,
                                                                                                      application received in the USDA Rural                Energy Division, Biorefinery Assistance
                                             awarded.                                                 Business-Cooperative Service, Energy
                                                (2) If Local Owners have an                                                                                 Program, U.S. Department of
                                                                                                      Division, select Phase 1 applications in              Agriculture, 1400 Independence Avenue
                                             ownership interest in the facility of
                                                                                                      accordance with 7 CFR 4279.267 to                     SW., Mail Stop 3225, Washington, DC
                                             more than 50 percent, 5 points will be
                                                                                                      invite submittal of Phase 2 applications,             20250–3225. Telephone: 202–690–2516.
                                             awarded.
                                                (j) Whether the Project can be                        and will make awards using the                        Email: Todd.Hubbell@wdc.usda.gov.
                                             replicated. A maximum of 10 points can                   provisions specified in 7 CFR 4279.278.
                                                                                                         D. Guaranteed Loan Servicing. The                  Nondiscrimination Statement
                                             be awarded. Points to be awarded will
                                             be determined as follows:                                Agency will service loans guaranteed                     The U.S. Department of Agriculture
                                                (1) If the Project can be commercially                under this Notice in accordance with                  (USDA) prohibits discrimination against
                                             replicated regionally (e.g., Northeast,                  the provisions specified in 7 CFR                     its customers, employees, and
                                             Southwest, etc.), 5 points will be                       4287.301 through 4287.399.                            applicants for employment on the bases
                                             awarded.                                                 VII. Administration Information                       of race, color, national origin, age,
                                                (2) If the Project can be commercially                                                                      disability, sex, gender identity, religion,
                                             replicated nationally, 10 points will be                    A. Notifications. The Agency will                  reprisal, and where applicable, political
                                             awarded.                                                 notify, in writing, Lenders whose Phase               beliefs, marital status, familial or
                                                (k) If the Project uses a particular                  1 applications have scored highest and                parental status, sexual orientation, or all
                                             technology, system, or process that is                   will invite them to submit Phase 2                    or part of an individual’s income is
                                             not currently operating at Commercial                    applications. If the Agency determines it             derived from any public assistance
                                             Scale as of October 1 of the fiscal year                 is unable to guarantee any particular                 program, or protected genetic
                                             for which the funding is available                       loan, the Lender will be informed in                  information in employment or in any
                                             (October 1, 2014 for the first application               writing. Such notification will include               program or activity conducted or funded
                                             cycle which deadline is October 5, 2015,                 the reasons for denial of the guarantee.              by the Department. (Not all prohibited
                                             and as of October 1, 2015 for the                           B. Administrative and National Policy              bases will apply to all programs and/or
                                             applications submitted for cycles ending                 Requirements.                                         employment activities.)
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                                             October 1, 2015 and April 1, 2016, 5                        1. Review or Appeal Rights. A person                  If you wish to file a Civil Rights
                                             points will be awarded.                                  may seek a review of an Agency                        program complaint of discrimination,
                                                (l) The Administrator can award up to                 decision or appeal to the National                    complete the USDA Program
                                             a maximum of 10 bonus points:                            Appeals Division in accordance with 7                 Discrimination Complaint Form (PDF),
                                                (1) To ensure, to the extent practical,               CFR 4279.204.                                         found online at http://
                                             there is diversity in the types of Projects                 2. Exception Authority. The                        www.ascr.usda.gov/complaint_filing_
                                             approved for loan guarantees to ensure                   provisions specified in 7 CFR 4279.203                cust.html, or at any USDA office, or call


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                                             38436                            Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices

                                             (866) 632–9992 to request the form. You                  holder and the members identified in                  2. C R Crain and Sons, Inc. (Los
                                             may also write a letter containing all of                the Certificate from State and Federal                     Molinos, CA)
                                             the information requested in the form.                   government antitrust actions and from                 3. Fig Garden Packing, Inc. (Fresno, CA)
                                             Send your completed complaint form or                    private treble damage antitrust actions               4. RPC Packing Inc. (Porterville, CA)
                                             letter to us by mail at U.S. Department                  for the export conduct specified in the               5. Sun-Maid Growers of California
                                             of Agriculture, Director, Office of                      Certificate and carried out in                             (Kingsburg, CA)
                                             Adjudication, 1400 Independence                          compliance with its terms and                         6. Taylor Brothers Farms, Inc. (Yuba
                                             Avenue SW., Washington, DC 20250–                        conditions. The regulations                                City, CA)
                                             9410, by fax (202) 690–7442 or email at                  implementing Title III are found at 15                   DFA’s proposed amendment of its
                                             program.intake@usda.gov.                                 CFR part 325 (2015). Section 302(b)(1)                Export Trade Certificate of Review
                                                Individuals who are deaf, hard of                     of the Export Trading Company Act of                  would result in the following companies
                                             hearing or have speech disabilities and                  1982 and 15 CFR 325.6(a) require the                  as Members under the Certificate:
                                             you wish to file either an EEO or                        Secretary to publish a notice in the                  1. Alpine Pacific Nut Company
                                             program complaint please contact                         Federal Register summarizing the                           (Hughson, CA)
                                             USDA through the Federal Relay                           application. Under 15 CFR 325.6(a),                   2. Andersen & Sons Shelling (Vina, CA)
                                             Service at (800) 877–8339 or (800) 845–                  interested parties may, within twenty                 3. Avanti Nut Company, Inc. (Stockton,
                                             6136 (in Spanish).                                       days after the date of this notice, submit                 CA)
                                                Persons with disabilities, who wish to                written comments to the Secretary on                  4. Berberian Nut Company, LLC (Chico,
                                             file a program complaint, please see                     the application.                                           CA)
                                             information above on how to contact us                                                                         5. CAPEX (Corning, CA)
                                             by mail directly or by email. If you                     Request for Public Comments
                                                                                                                                                            6. Carriere Family Farms, Inc. (Glenn,
                                             require alternative means of                                Interested parties may submit written                   CA)
                                             communication for program information                    comments relevant to the determination                7. Continente Nut LLC (Oakley, CA)
                                             (e.g., Braille, large print, audiotape, etc.)            whether an amended Certificate should                 8. Crain Walnut Shelling, Inc. (Los
                                             please contact USDA’s TARGET Center                      be issued. If the comments include any                     Molinos, CA)
                                             at (202) 720–2600 (voice and TDD).                       privileged or confidential business                   9. C R Crain and Sons, Inc. (Los
                                               Dated: June 29, 2015.                                  information, it must be clearly marked                     Molinos, CA)
                                             Samuel Rikkers,                                          and a nonconfidential version of the                  10. Crisp California Walnuts (Stratford,
                                             Acting Administrator, Rural Business-
                                                                                                      comments (identified as such) should be                    CA)
                                             Cooperative Service.                                     included. Any information not marked                  11. Diamond Foods, Inc. (Stockton, CA)
                                                                                                      as privileged or confidential business                12. Empire Nut Company (Colusa, CA)
                                             [FR Doc. 2015–16480 Filed 7–2–15; 8:45 am]
                                                                                                      information will be deemed to be                      13. Fig Garden Packing, Inc. (Fresno,
                                             BILLING CODE 3410–XY–P
                                                                                                      nonconfidential.                                           CA)
                                                                                                         An original and five (5) copies, plus              14. Gold River Orchards, Inc. (Escalon,
                                                                                                      two (2) copies of the nonconfidential                      CA)
                                             DEPARTMENT OF COMMERCE                                   version, should be submitted no later                 15. Grower Direct Nut Company
                                                                                                      than 20 days after the date of this notice                 (Hughson, CA)
                                             International Trade Administration                                                                             16. GSF Nut Company (Orosi, CA)
                                                                                                      to: Export Trading Company Affairs,
                                             [Application No. 14–1A004]                               International Trade Administration,                   17. Guerra Nut Shelling Company
                                                                                                      U.S. Department of Commerce, Room                          (Hollister, CA)
                                             Export Trade Certificate of Review                       21028, Washington, DC 20230.                          18. Hill View Packing Company Inc.
                                                                                                         Information submitted by any person                     (Gustine, CA)
                                             ACTION: Notice of application to amend                                                                         19. Linden Nut Company (Linden, CA)
                                             the Export Trade Certificate of Review                   is exempt from disclosure under the
                                                                                                      Freedom of Information Act (5 U.S.C.                  20. Mariani Nut Company (Winters, CA)
                                             issued to DFA of California, Application                                                                       21. Mariani Packing Company, Inc.
                                             no. 14–1A004.                                            552). However, nonconfidential versions
                                                                                                      of the comments will be made available                     (Vacaville, CA)
                                             SUMMARY:    The Office of Trade and                      to the applicant if necessary for                     22. Mid Valley Nut Company Inc.
                                             Economic Analysis (‘‘OTEA’’) of the                      determining whether or not to issue the                    (Hughson, CA)
                                             International Trade Administration,                      amended Certificate. Comments should                  23. National Raisin Company (Fowler,
                                             Department of Commerce, has received                     refer to this application as ‘‘Export                      CA)
                                             an application to amend an Export                                                                              24. Poindexter Nut Company (Selma,
                                                                                                      Trade Certificate of Review, application
                                             Trade Certificate of Review                                                                                         CA)
                                                                                                      number 14–1A004.’’
                                                                                                                                                            25. Prima Noce Packing (Linden, CA)
                                             (‘‘Certificate’’). This notice summarizes
                                                                                                      Summary of the Application                            26. RPC Packing Inc. (Porterville, CA)
                                             the proposed amendment and requests
                                                                                                                                                            27. Sacramento Packing, Inc. (Yuba City,
                                             comments relevant to whether the                            Applicant: DFA of California, 710
                                                                                                                                                                 CA)
                                             amended Certificate should be issued.                    Striker Avenue, Sacramento, CA 95834.
                                                                                                                                                            28. Sacramento Valley Walnut Growers,
                                             FOR FURTHER INFORMATION CONTACT:                            Contact: Matthew Krehe, Senior
                                                                                                                                                                 Inc. (Yuba City, CA)
                                             Joseph Flynn, Director, Office of Trade                  Manager with Gilbert Associates, Inc.,                29. San Joaquin Figs, Inc. (Fresno, CA)
                                             and Economic Analysis, International                     (916) 646–6464.                                       30. Shoei Foods USA, Inc. (Olivehurst,
                                             Trade Administration, (202) 482–5131                        Application No.: 14–1A004.                              CA)
                                             (this is not a toll-free number) or email                   Date Deemed Submitted: June 19,                    31. Stapleton-Spence Packing (Gridley,
Lhorne on DSK7TPTVN1PROD with NOTICES




                                             at etca@trade.gov.                                       2015.                                                      CA)
                                             SUPPLEMENTARY INFORMATION: Title III of                     Proposed Amendment: DFA of                         32. Sun-Maid Growers of California
                                             the Export Trading Company Act of                        California (‘‘DFA’’) seeks to amend its                    (Kingsburg, CA)
                                             1982 (15 U.S.C. 4001–21) authorizes the                  Certificate to add the following six                  33. Sunsweet Growers Inc. (Yuba City,
                                             Secretary of Commerce to issue Export                    companies as Members of DFA’s                              CA)
                                             Trade Certificates of Review. An Export                  Certificate:                                          34. Taylor Brothers Farms, Inc. (Yuba
                                             Trade Certificate of Review protects the                 1. CAPEX (Corning, CA)                                     City, CA)


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Document Created: 2015-12-15 13:17:11
Document Modified: 2015-12-15 13:17:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesWith this Notice, the Agency is announcing two separate application cycles, which are established in accordance with 7 CFR 4279.260(b), with application deadlines of October 1, 2015, and April 1, 2016.
ContactTodd Hubbell, Rural Business- Cooperative Service, Energy Division, Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program, USDA, 1400 Independence Avenue SW., Mail Stop 3225, Washington, DC 20250-3225. Telephone: 202-690-2516. Email: [email protected]
FR Citation80 FR 38432 

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