Notice of Funding Opportunity for the Biofuel Producer Program for Fiscal Year 2021

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Published

December 13, 2021

Issuing agencies

Agriculture DepartmentRural Business-Cooperative Service

Abstract

The Rural Business-Cooperative Service (RBCS or Agency), an agency of the United States Department of Agriculture (USDA), announces the application window, application requirements and the availability of up to $700 million in payments to eligible biofuel producers for unexpected market losses as a result of COVID-19 in order to maintain a viable and significant biofuels market for agricultural producers that supply biofuel producers. The Biofuel Producer Program is authorized under Title I of Division B of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. All applicants are responsible for any expenses incurred in developing their applications.

Full Text

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<title>Federal Register, Volume 86 Issue 236 (Monday, December 13, 2021)</title>
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[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Notices]
[Pages 70818-70822]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26876]

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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service

[Docket #RBS-21-BUSINESS-0026]

Notice of Funding Opportunity for the Biofuel Producer Program
for Fiscal Year 2021

AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Notice.

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SUMMARY: The Rural Business-Cooperative Service (RBCS or Agency), an
agency of the United States Department of Agriculture (USDA), announces
the application window, application requirements and the availability
of up to $700 million in payments to eligible biofuel producers for
unexpected market losses as a result of COVID-19 in order to maintain a
viable and significant biofuels market for agricultural producers that
supply biofuel producers. The Biofuel Producer Program is authorized
under Title I of Division B of the Coronavirus Aid, Relief, and
Economic Security (CARES) Act. All applicants are responsible for any
expenses incurred in developing their applications.

DATES: Applications for the Biofuel Producer Program must be received
by 11:59 p.m. EDT on February 11, 2022.

ADDRESSES: Application materials, requirements and other important
information is available on the Biofuel Producer Program's website at
<a href="https://www.rd.usda.gov/programs-services/energy-programs/biofuel-producer-relief-payments-program">https://www.rd.usda.gov/programs-services/energy-programs/biofuel-producer-relief-payments-program</a>. Application materials may also be
obtained by contacting the Agency at <a href="/cdn-cgi/l/email-protection#c580aba0b7a2bc95b7aaa2b7a4a8b685b0b6a1a4eba2aab3">[email&#160;protected]</a>.
Application submission: Applications must be submitted
electronically to <a href="/cdn-cgi/l/email-protection#8dc8e3e8ffeaf4ddffe2eaffece0fecdf8fee9eca3eae2fb">[email&#160;protected]</a> by the deadline stated in the
DATES section of this Notice.

FOR FURTHER INFORMATION CONTACT: Lisa Noty, USDA Rural Development,
Rural Business-Cooperative Service. Telephone: (712) 254-4366, email:
<a href="/cdn-cgi/l/email-protection#8ae6e3f9eba4e4e5fef3cafff9eeeba4ede5fc">[email&#160;protected]</a>. Persons with disabilities that require alternative
means for communication should contact the U.S. Department of
Agriculture (USDA) Target Center at (202) 720-2600 (voice).

SUPPLEMENTARY INFORMATION:

Overview

Federal Agency: Rural Business-Cooperative Service.
Funding Opportunity Title: Notice of Funding Opportunity for the
Biofuel Producer Program for Fiscal Year 2021.
Announcement Type: Notice of Funding Opportunity.
Assistance Listings Number: 10.378.
Due Date for Applications: Applications must be submitted
electronically to <a href="/cdn-cgi/l/email-protection#05406b6077627c55776a627764687645707661642b626a73">[email&#160;protected]</a> and must be received by 11:59
p.m. Eastern Daylight Time (EDT) February 11, 2022.

A. Program Description

1. Purpose of the program. The Biofuel Producer Program will make
payments to eligible producers of eligible biofuel for unexpected
market losses as a result of COVID-19. These payments to biofuel
producers support the maintenance and viability of a significant market
for agricultural producers of products such a corn, soybean or biomass
that supply biofuel production. Payment to a biofuel producer will be
based upon the volume of market loss the biofuel producer experienced
in calendar year 2020. The producer's volume of market loss will be
calculated by comparing the amount of fuel (gallons of eligible
biofuel) they produced in calendar year 2020 to the amount of fuel
(gallons of eligible biofuel) produced in calendar year 2019. Eligible
biofuel (gallons of biofuel) produced by the eligible producer in 2020
to meet required contractual commitments resulting in a gross profit
loss will be deducted from 2020 production by the Agency's calculation
of program payments. Quantities of gaseous biofuel will be converted
into gallons based on the British Thermal Unit (BTU) equivalent of one
gallon of biodiesel using factors published by the Energy Information
Administration (EIA).
The payments will be based on a fixed amount per gallon for all
eligible producers. The fixed amount per gallon will be calculated by
dividing the amount of program funding available by the total volume of
market loss reported by eligible program applicants. USDA may limit the
payment fixed amount per gallon.
2. Statutory authority. The CARES Act (Pub. L. 116-136) authorizes
the Secretary of Agriculture to prevent, prepare for, and respond to
coronavirus by providing support for agricultural producers impacted by
coronavirus. This authority includes supporting agricultural producers
that rely on biofuels producers as a market for their agricultural
products such as corn, soybeans and biomass, by making payments to
producers of biofuels in order to maintain a viable and significant
market for such agricultural products in light of the adverse effects
on that market from the coronavirus. In some cases, crops have been
specifically developed for biofuel production, such as high-amylase
corn varieties that are designed for the ethanol fermentation process.
Many agricultural producers may be part of farmer-owned cooperatives
that in some case require members to supply a certain amount of a crop
to the plant.
3. Definitions. The following definitions are applicable to this
Notice:
Agency means Rural Business-Cooperative Service, USDA, Rural
Development.
Applicant means a sole proprietorship or legal entity who makes a
request for payment under this Notice.
Eligible biofuel means renewable fuel that is produced from
renewable biomass and that is used to replace or reduce the quantity of
fossil fuel present in a transportation fuel, comprised of advanced
biofuel, biomass-based diesel, cellulosic biofuel, or conventional
biofuel, as such terms are defined in section 211(o)(1) of the Clean
Air Act (42 U.S.C. 7545(o)(1)) produced in the United States.
Eligible producer means a sole proprietorship or legal entity that
produces an eligible biofuel. A sole proprietorship or legal entity
that produces eligible biofuel as a third-party producer under a toll/
bailment arrangement production contract is considered an eligible
producer under this Notice. The following are not considered an
eligible producer under this Notice:
i. A sole proprietorship or legal entity that exclusively contracts
for the production of biofuel by a third-party

[[Page 70819]]

producer(s) under a toll/bailment arrangement/third party production
contract.
ii. A sole proprietorship or legal entity that blends or otherwise
combines biofuels into a blended biofuel.
Gross Profit means revenue minus the cost of goods sold. Gross
profit only includes variable costs and does not account for fixed
costs.
Recipient means a sole proprietorship or legal entity receiving a
Biofuel Producer Program payment under this Notice.

B. Federal Award Information

Type of awards: Payment.
Available funds: Up to $700,000,000.
Payment amounts: The total number of payments and the funding
provided per recipient will depend on the number of eligible
recipients.
Due date for applications: Applications must be submitted
electronically to <a href="/cdn-cgi/l/email-protection#0f4a616a7d68765f7d60687d6e627c4f7a7c6b6e21686079">[email&#160;protected]</a> and must be received by 11:59
p.m. EDT February 11, 2022.
Anticipated award date: Payments to participating biofuels
producers will be made following the conclusion of the application
cycle. The Agency anticipates only making one payment to selected
applicants under this Notice.
Type of assistance instrument: Payment.

C. Eligibility Information

1. Eligible applicants. To be eligible for this program, the
applicant must be an independent eligible producer or own and control
multiple eligible producer entities as defined in section A.3 of this
Notice. Eligible producers that are owned or controlled by a sole
proprietorship or entity that owns or controls multiple eligible
producers are not eligible applicants--in such cases, the sole
proprietorship or entity that owns or controls multiple eligible
producers may be an eligible applicant. In addition, to be eligible for
this program, applicants must meet all requirements for program
payments, and must meet the citizenship requirement specified in
paragraphs i or ii, as applicable, of this section.
i. If the applicant is a sole proprietorship, the applicant must be
a citizen or national of the United States (U.S.), the Republic of
Palau, the Federated States of Micronesia, the Republic of the Marshall
Islands, or American Samoa, or must reside in the U.S. after legal
admittance for permanent residence.
ii. If the applicant is an entity other than a sole proprietorship,
the applicant must be at least 51 percent owned by persons who are
either citizens or nationals of the U.S., the Republic of Palau, the
Federated States of Micronesia, the Republic of the Marshall Islands,
or American Samoa, or legally admitted permanent residents residing in
the U.S.
iii. The Agency will determine an applicant's eligibility for
participation in this program.
iv. If additional information is needed for the Agency to determine
an applicant's eligibility, the Agency will notify the applicant, in
writing, as soon as practicable. This notification will identify, at a
minimum, the additional information being requested and a timeframe in
which to supply the information.
v. An otherwise eligible producer will be determined to be
ineligible if the producer:
a. Refuses to allow the Agency to verify any information provided
by the applicant under this program, including information for
determining applicant eligibility and application payments; or
b. Fails to meet any of the conditions set out in this Notice or in
other program documents; or
c. Fails to comply with all applicable Federal, tribal, state, and
local laws.
2. Eligible recipient. Payments will be made to eligible producers
of eligible biofuel for unexpected market losses as a result of COVID-
19.
3. Other. Applicants must report all production of all eligible
biofuel for all their production facilities under a single application
and must include production facilities that did not experience market
losses. A production facility may be reported by only one applicant.
Application requirements and other important information is available
on the program's website [Insert Web Address].

D. Application and Submission Information

1. Web Address for requesting application package. Applicants
seeking to participate in this program must submit an application in
accordance with this Notice. Application and supporting materials are
available on the program's website at <a href="https://www.rd.usda.gov/programs-services/energy-programs/biofuel-producer-relief-payments-program">https://www.rd.usda.gov/programs-services/energy-programs/biofuel-producer-relief-payments-program</a>.
2. Electronic application and submission. Applications must be
submitted electronically to <a href="/cdn-cgi/l/email-protection#2a6f444f584d537a58454d584b47596a5f594e4b044d455c">[email&#160;protected]</a>. Instructions and
resources for completing the application are available on the program's
website at <a href="https://www.rd.usda.gov/programs-services/energy-programs/biofuel-producer-relief-payments-program">https://www.rd.usda.gov/programs-services/energy-programs/biofuel-producer-relief-payments-program</a>. No other form of application
will be accepted.
3. Dun and Bradstreet Data Universal Numbering System (DUNS) and
System for Award Management (SAM). All applicants must have a DUNs
number which can be obtained at no cost via a toll-free request line at
(866) 705-5711 or online at <a href="http://fedgov.dnb.com/webform">http://fedgov.dnb.com/webform</a>.
i. Each applicant must (a) be registered in the System for Award
Management (SAM) before submitting its application and (b) provide a
valid unique entity identifier in its application, unless determined
exempt under 2 CFR 25.110. It is strongly recommended that applicants
begin the registration process as soon as possible.
ii. Applicant must maintain an active SAM registration, with
current, accurate and complete information, at all times during which
it has an active Federal award or an application under consideration by
a Federal awarding agency.
iii. Applicant must complete the Financial Assistance General
Certifications and Representations in SAM.
iv. The Agency will not make an award until the applicant has
complied with all applicable DUNS (unique entity identifier) and SAM
requirements including maintaining an active SAM registration. If an
applicant has not fully complied with the requirements by the time the
Agency is ready to make an award, the Agency may determine that the
applicant is not qualified to receive a Federal award and use that
determination as a basis for making a Federal award to another
applicant.
4. Content of Application. Applications must contain all parts
necessary for the Agency to determine applicant eligibility, conduct
the application evaluation, and calculate payment, as applicable, in
order to be considered.
i. A complete application is comprised of the following elements:
a. Application form, Form RD 4288-7.
b. Application worksheet reporting production of eligible biofuel,
Part B Attachment to Form RD 4288-7. Applicants producing eligible
biofuel in more than one production facility must report production for
all of their production facilities including production facilities that
did not experience market losses.
c. Automated Clearing House Vendor/Miscellaneous Payment Enrollment
Form, Form SF-3881.
d. Assurance Agreement, Form RD 400-4.

[[Page 70820]]

e. Disclosure of Lobbying Activities, Form SF-LLL.
f. Certification for Contracts, Grants and Loans (RD Instruction
1940-Q; Exhibit A-1).
g. Contracts and Financial Information. Include copies of contracts
and financial statements and supporting documentation for payment
requests that include production in 2020 that was required to meet
contractual commitments and resulted in a gross profit loss.
h. Certifications. The producer must furnish the Agency the
Renewable Identification Number (RIN) for each biofuel and all required
certifications before acceptance into the program and furnish access to
the producer's records required by the Agency to verify compliance with
program provisions. The required certifications depend on the type of
biofuel produced.
1. Alcohol. For alcohol producers with authority from the Bureau of
Alcohol, Tobacco and Firearms (ATF) to produce alcohol, certify to
compliance of either:
i. The Alcohol Fuel Producers Permit (ATF F 5110.74) or
ii. The registration of Distilled Spirits Plant (ATF F 5110.41) and
Operating Permit (ATF F 5110.23).
2. Hydrous ethanol. For hydrous ethanol that is upgraded by another
distiller to anhydrous ethyl alcohol, the increased ethanol production
is eligible for payment one time only. If the biofuel producer
submitting the application under this notice is:
i. The hydrous ethanol producer, then the biofuel producer shall
include with the application a certification, acceptable to the Agency,
from the distiller stating that the:
A. Applicable hydrous ethanol produced is distilled and denatured
for fuel use according to ATF requirements, and
B. Distiller will not submit an application for payment under this
notice.
ii. The distiller that upgrades hydrous ethanol to anhydrous ethyl
alcohol, then the biofuel producer shall include with the application a
certification, acceptable to the Agency, from the hydrous ethanol
producer stating that the hydrous ethanol producer will not submit an
application for payment under this notice.
Note: The Agency may pay the first applicant to the exclusion of
other possible applicants. Or, the Agency may require an agreement as
to payment before paying either. Alternatively, the Agency may
designate whether the distiller or the hydrous ethanol producer will be
the payee where needed to ensure program integrity.
3. Biodiesel, biomass-based diesel, and liquid hydrocarbons derived
from biomass. For these fuels, the biofuel producer's certification
that the producer, the biofuel biorefinery, and the biofuel meet the
definition, registration requirements as applicable under the Energy
Independence and Security Act, and Clean Air Act, and quality
requirements per applicable ASTM International standards and
commercially acceptable quality standards of the local market. The
biofuel producer must also provide the Renewable Identification Number
(RIN) for each biofuel and BQ-9000 certification.
4. Gaseous biofuel. For gaseous biofuel producers, copy of contract
and certification that the biofuel meets commercially acceptable
pipeline quality standards of the local market.
ii. All applications determined to be insufficient to determine
eligibility as stated in Sections C and D.3 of this Notice shall be
deemed as incomplete and will not receive funding.
5. Submission dates and times. The deadline date for applications
to be received, in order to be considered for funding, is specified in
the DATES section at the beginning of this notice.
6. Funding restrictions. The following restrictions apply:
i. The Agency anticipates only making one payment to an eligible
applicant under this Notice.
ii. An applicant that is otherwise an eligible producer under this
Notice and also contracts for production of biofuel by a third-party
producer under a toll/bailment arrangement/third party production
contract, may not include the biofuel produced by the third party. The
application for payment under this Notice will only include eligible
biofuel produced by the eligible applicant and not the biofuel produced
by a third party under a third-party contract.
7. Other Submission Requirements. The following requirements apply:
i. Applications must be submitted electronically.
ii. Only one application may be submitted per applicant.
A. Applications by an eligible producer requesting payments for
multiple facilities must be submitted under a single application and
must report production for all their production facilities including
production facilities that did not experience market losses.
B. Applications requesting payments for multiple eligible producer
entities controlled by a sole proprietorship or entity must be
submitted under a single application by the controlling (parent)
entity. Applicants must report production for all production facilities
the controlling entity (parent) controls under a single application
including production facilities that did not experience market losses.

E. Application Review Information

1. Criteria. The applicant must be an eligible applicant and meet
the requirements of section C. Eligibility Information. The applicant
must be an eligible producer and produce eligible biofuel. Payment to
an eligible producer will be based upon the volume of market loss the
biofuel producer experienced in calendar year 2020 based on the
requirements specified in this notice. Market loss will be calculated
by comparing the amount of fuel (gallons of eligible biofuel) an
applicant produced in calendar year 2019 to the amount of fuel (gallons
of eligible biofuel) produced in the calendar year 2020. Applicants
producing eligible biofuel in more than one production facility, market
loss will be calculated based on the production for all of their
production facilities including production facilities that did not
experience market losses.
2. Review and selection process. The Agency will make its
determination as to whether or not the applicant, producer, and biofuel
is eligible for payment. If an applicant, producer, or biofuel is
determined to be ineligible, the Agency will notify the applicant, in
writing, of its determination and inform of any review and appeal
rights. Payments to successfully appealed applications will be limited
to available funding. After an application is submitted, eligible
producers may be required to submit additional clarification if their
original submittal is not sufficient to verify eligibility for payment
or amount of payment.
3. Payment provisions. Payments will be made to all eligible
producers based on the requirements specified in this notice in
accordance with the provisions of this section.
i. Market loss. Eligible producers of eligible biofuel produced in
the United States, shall demonstrate unexpected market losses as a
result of COVID-19 by furnishing data containing:
a. Amount of eligible biofuel (gallons of biofuel) produced by the
eligible producer in the calendar year 2019 as part of the application
worksheet described in section D.4.i.b. of this Notice.
b. Amount of eligible biofuel (gallons of biofuel) produced by the
eligible producer in the calendar year 2020 as part of the application
worksheet

[[Page 70821]]

described in section D.4.i.b. of this Notice.
c. Amount of eligible biofuel (gallons of biofuel) reported under
(b), above, produced by the eligible producer in 2020 to meet required
contractual commitments resulting in a gross profit loss.
d. A signed statement from the applicant attesting to the validity
of the information furnished under (a)-(c) above contained in the
application form described in section D.4.i.a. of this Notice.
e. Any supporting documentation or data that the applicant may
believe will be useful in evaluating the volume of market loss
experienced as a result of COVID-19.
ii. Execution of Payments. Based upon the volume of market loss
experience data collected as a result of this Notice, the USDA will
affix a target volume amount per gallon, limited by the amount of
funding available under the authorizing legislation. The amount of
payment to a recipient will not exceed $50 million. The maximum amount
of payment will be applied for each controlling (parent) entity. The
Agency will convert the production of gaseous biofuel into gallons
based on the BTU equivalent of one gallon of biodiesel using factors
published by the EIA.
iii. Payment liability. Any payment, or portion thereof, made under
this Notice shall be made without regard to questions of title under
state law and without regard to any claim or lien against the advanced
biofuel, or proceeds thereof, in favor of the owner or any other
creditor, except agencies of the U.S. Government or to the extent such
payments are subject to offset for debts referred to the Treasury
Offset Program.
iv. Refunds and interest payments. A biofuel producer who receives
payments under this Notice may be required to refund such payments as
specified in this section. If the Agency suspects fraudulent
representation through its review and records inspections, the producer
will be referred to the Office of Inspector General for appropriate
action.
a. A biofuel producer receiving payments under this Notice shall
become ineligible if the Agency determines the biofuel producer has:
(1) Made any fraudulent representation; or (2) misrepresented any
material fact affecting an Agency determination.
b. If an Agency determination that a producer is not eligible for
participation under this Notice is appealed and overturned, the Agency
will make an appropriate and applicable payment to the producer from
program funds, to the extent such funds are available.
c. Any payment made to an entity determined by the Agency to be
ineligible shall be refunded to the Agency with interest and other such
sums as may become due, including, but not limited to, any interest,
penalties, and administrative costs as determined appropriate under 31
CFR 901.9.
d. When a refund is due, it shall be paid promptly. The Agency may
use all collection remedies available to it in accordance to 7 CFR part
3, including but not limited to offset of federal and state payments
through the Treasury Offset Program, reporting of the debt to
commercial credit reporting agencies, debarment from receiving federal
financial assistance under 31 U.S.C. 3720B, and referral to the
Department of Justice for enforcement through litigation.
4. Appeals. Applicants may have either appeal or review rights for
Agency decisions made under this Notice. Agency decisions that are
adverse to the individual applicant are appealable, while matters of
general applicability are not subject to appeal; however, such
decisions are reviewable for appealability by the National Appeals
Division (NAD). All appeals will be conducted by NAD and will be
handled in accordance with 7 CFR part 11. All appeal provisions will be
concluded before proceeding with collection actions.

F. Federal Awarding Administration Information

1. Federal award notices. Applicants will be contacted in writing
by the Agency to arrange transfer of program payments under this
Section. If a producer is determined to be ineligible, the Agency will
notify the producer, in writing, of its determination and inform the
producer of any review and appeal rights. Payments to successfully
appealed applications will be limited to available funding.
2. Administrative and national policy requirements. The Agency
reserves the right to request/require that the applicant provide
original signatures on forms submitted electronically.
3. Reporting. All recipients of Federal financial assistance are
required to report information about first-tier sub-awards and
executive compensation in accordance with 2 CFR part 170. If an
applicant does not have an exception under 2 CFR 170.110(b), the
applicant must then ensure that it has the necessary processes and
systems in place to comply with the reporting requirements to receive
funding.
In addition, the Agency is requesting that each applicant provide
race, ethnicity, and gender information about the applicant. The
information will allow the Agency to evaluate its outreach efforts to
under-served and under-represented populations. Applicants are
encouraged to furnish this information with their applications but are
not required to do so. An applicant's eligibility or the likelihood of
receiving an award will not be impacted by furnishing or not furnishing
this information.

G. Federal Awarding Agency Contacts

For further information, contact Lisa Noty, Loan and Grant
Specialist, Program Operations Office, USDA Rural Business-Cooperative
Service, 511 West 7th Street, Atlantic, Iowa 50022. Telephone: (712)
254-43661400. Email: <a href="/cdn-cgi/l/email-protection#cca0a5bfade2a2a3b8b58cb9bfa8ade2aba3ba">[email&#160;protected]</a>. Persons with disabilities that
require alternative means for communication should contact the USDA
Target Center at (202) 720-2600 (voice).

H. Other Information

1. Congressional Review Act. Pursuant to Subtitle E of the Small
Business Regulatory Enforcement Fairness Act of 1996 (also known as the
Congressional Review Act or CRA), 5 U.S.C. 801 et seq., the Office of
Information and Regulatory Affairs in the Office of Management and
Budget designated this action as a major rule as defined by 5 U.S.C.
804(2) because it is likely to result in an annual effect on the
economy of $100,000,000 or more. Accordingly, there is a 60-day delay
in the effective date of this action. Application selection will not
begin until after February 11, 2022. Therefore, the 60-day delay
required by the CRA is not expected to have a material impact upon the
administration and/or implementation of the Biofuel Producer Program.
2. Paperwork Reduction Act. In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. chapter 35), the Agency requested that
the Office of Management and Budget (OMB) conduct an emergency review
by December 13, 2021, of a new information collection that contains the
Information Collection and Recordkeeping requirements contained in this
notice.
Copies of all forms and instructions referenced in this Notice may
be obtained from the program's website at <a href="https://www.rd.usda.gov/programs-services/energy-programs/biofuel-producer-relief-payments-program">https://www.rd.usda.gov/programs-services/energy-programs/biofuel-producer-relief-payments-program</a>. Data furnished by the applicants will be used to determine
eligibility for program

[[Page 70822]]

benefits. Furnishing the data is voluntary; however, the failure to
provide data could result in program benefits being withheld or denied.
Comments are invited on (a) whether the collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility; (b) the
accuracy of the Agency's estimate of burden including the validity of
the methodology and assumption used; (c) ways to enhance the quality,
utility, and clarity of the information to be collected; and (d) ways
to minimize the burden of the collection of information on those who
are to respond, including using appropriate automated, electronic,
mechanical, or other technological collection techniques on other forms
and information technology.
Title: Biofuel Producer Program.
Type of Request: New collection.
Abstract: The Biofuel Producer Program was authorized under Title I
of Division B of the Coronavirus Aid, Relief, and Economic Security Act
(Pub. L. 116-136). The purpose of the program is to make payments to
eligible producers of eligible biofuel for unexpected market losses as
a result of COVID-19.
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 1.57 hours per response.
Estimated Number of Respondents: 300.
Estimated Total Annual Responses: 633.
Estimated Total Recordkeeping Hours: 0.
Estimated Total Burden Hours: 996.
Estimated Total Annual Burden (including recordkeeping) on
Respondents: 996 hours.
Copies of this information collection can be obtained from Pamela
Bennett, Management Analyst, Regulations Management Division, U.S.
Department of Agriculture, 1400 Independence Ave. SW, Washington, DC
20250. Phone: 202-720-9639. Email: <a href="/cdn-cgi/l/email-protection#295948444c4548074b4c47474c5d5d695c5a4d48074e465f">[email&#160;protected]</a>.
All responses to this information collection and recordkeeping
notice will be summarized and included in the request for OMB approval.
All comments will also become a matter of public record.
3. Environmental review information. Payments are being made to
producers with existing facilities. Therefore, payments made under this
Notice are categorically excluded from the environmental review
process.
4. Other federal statutes. The applicant must certify to compliance
with other Federal statutes and regulations by completing the Financial
Assistance General Certifications and Representations in SAM,
including, but not limited to the following:
i. 7 CFR part 15, subpart A--Nondiscrimination in Federally-
Assisted Programs of the Department of Agriculture--Effectuation of
Title VI of the Civil Rights Act of 1964. Civil Rights compliance
includes, but is not limited to the following:
a. Race and ethnicity data will be collected in accordance with
Office of Management and Budget (OMB) Federal Register Notice,
``Revisions to the Standards for the Classification of Federal Data on
Race and Ethnicity'' (published October 30, 1997 at 62 FR 58782). Sex
data will be collected in accordance with Title IX of the Education
Amendments of 1972. These items should not be submitted with the
application but should be available upon request by RBCS.
b. The applicant must comply with Title VI of the Civil Rights Act
of 1964, Title IX of the Education Amendments of 1972, the Americans
with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of
1973, the Age Discrimination Act of 1975, Executive Order 12250, and 7
CFR part 1901, subpart E.
ii. 2 CFR part 417--Governmentwide Debarment and Suspension (Non-
procurement), or any successor regulations.
iii. 2 CFR parts 200 and 400 (Uniform Assistance Requirements, Cost
Principles and Audit Requirements for Federal Awards), or any successor
regulations.
iv. Subpart B of 2 CFR part 421, which adopts the Governmentwide
implementation (2 CFR part 182) of the Drug-Free Workplace Act.
v. Executive Order 13166, ``Improving Access to Services for
Persons with Limited English Proficiency.'' For information on limited
English proficiency and agency-specific guidance go to <a href="http://www.lep.gov/">http://www.lep.gov/</a>.
vi. Federal Obligation Certification on Delinquent Debt.
5. Nondiscrimination Statement. In accordance with Federal civil
rights law and USDA civil rights regulations and policies, the USDA,
its Mission Areas, agencies, staff offices, employees, and institutions
participating in or administering USDA programs are prohibited from
discriminating based on race, color, national origin, religion, sex,
gender identity (including gender expression), sexual orientation,
disability, age, marital status, family/parental status, income derived
from a public assistance program, political beliefs, or reprisal or
retaliation for prior civil rights activity, in any program or activity
conducted or funded by USDA (not all bases apply to all programs).
Remedies and complaint filing deadlines vary by program or incident.
Program information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language) should contact the
responsible Mission Area, agency, or staff office; the USDA TARGET
Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service
at (800) 877-8339.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at <a href="https://www.ocio.usda.gov/document/ad-3027">https://www.ocio.usda.gov/document/ad-3027</a>, from any USDA office, by calling (866) 632-9992, or by writing a
letter addressed to USDA. The letter must contain the complainant's
name, address, telephone number, and a written description of the
alleged discriminatory action in sufficient detail to inform the
Assistant Secretary for Civil Rights (ASCR) about the nature and date
of an alleged civil rights violation. The completed AD-3027 form or
letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410;
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: <a href="/cdn-cgi/l/email-protection#1d6d6f727a6f7c70337473697c76785d686e797c337a726b">[email&#160;protected]</a>.
USDA is an equal opportunity provider, employer, and lender.

Karama Neal,
Administrator, Rural Business-Cooperative Service.
[FR Doc. 2021-26876 Filed 12-10-21; 8:45 am]
BILLING CODE 3410-XY-P

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.