Notice2022-01797
Notice of Funding Opportunity for the Biofuel Producer Program for Fiscal Year 2021; Amendment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 28, 2022
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), published a Notice of Funding Opportunity (NOFO) in the Federal Register on December 13, 2021, entitled Notice of Funding Opportunity for the Biofuel Producer Program for Fiscal Year 2021, to announce 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. This notice will amend Sections A, D and E of the NOFO to include production to meet marketing obligations or fulfill or maintain essential markets in the calculations of a biofuel producer's market losses as a result of COVID-19.
Full Text
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<title>Federal Register, Volume 87 Issue 19 (Friday, January 28, 2022)</title>
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[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Notices]
[Page 4554]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01797]
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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; Amendment
AGENCY: Rural Business-Cooperative Service, USDA.
ACTION: Notice; amendment.
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SUMMARY: The Rural Business-Cooperative Service (RBCS or Agency), an
agency of the United States Department of Agriculture (USDA), published
a Notice of Funding Opportunity (NOFO) in the Federal Register on
December 13, 2021, entitled Notice of Funding Opportunity for the
Biofuel Producer Program for Fiscal Year 2021, to announce 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. This notice will amend Sections A, D and E of
the NOFO to include production to meet marketing obligations or fulfill
or maintain essential markets in the calculations of a biofuel
producer's market losses as a result of COVID-19.
DATES: Applications for the Biofuel Producer Program must be received
by 11:59 p.m. EST on February 11, 2022.
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#cda1a4beace3a3a2b9b48db8bea9ace3aaa2bb"><span class="__cf_email__" data-cfemail="9bf7f2e8fab5f5f4efe2dbeee8fffab5fcf4ed">[email protected]</span></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:
Amendments
In FR Doc 2021-26876 of December 13, 2021 (86 FR 70818), the
following amendments are being made to include production to meet
marketing obligations or fulfill or maintain essential markets in the
calculations of a biofuel producer's market losses as a result of
COVID-19.
1. On page 70818, column 2, under Section A. ``Program
Description,'' subsection 1. ``Purpose of the program,'' the first
paragraph should be amended to read as follows:
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 as 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, marketing obligations, or fulfill or
maintain essential markets, resulting in a gross profit loss will be
deducted from 2020 production by the Agency's calculation of program
payments. Gross profit loss related to required production can be based
on either the entire 2020 year, or a period in 2020 specified by the
applicant. 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).
2. On page 70818, column 3, under Section A. ``Program
Description,'' subsection 3. ``Definitions,'' a definition for
essential market should be added in alphabetical order as follows:
Essential market means markets for biofuel, co-products, and
byproducts where there are limited alternative replacement buyers and a
biofuel producer's failure to maintain supply has the potential to
result in current buyers moving to other suppliers. Essential markets
also include critical supply markets to the buyer and local and
regional markets are dependent on the supply of products provided by
the biofuel producer. Limited alternative near-term supply markets
exist and the loss of supply has the potential to have an adverse
impact on buyers' viability.
3. On page 70820, column 1, under Section D ``Application
Submission Information,'' subsection 4.i.g. ``Contracts and Financial
Information,'' the heading and subsection should be amended to read as
follows:
g. Contracts, Evidence of Market Obligations, or Evidence of
Fulfilling Essential Markets, and Financial Information. Include copies
of contracts, description, and documentation of marketing obligations
or essential markets, as appropriate, and financial statements and
supporting documentation for payment requests that include production
in 2020 that was required to meet contractual commitments, marketing
obligations, or fulfill or maintain essential markets, and resulted in
a gross profit loss. The financial information submitted must be
sufficient to support the gross profit loss for the period of the
related production. For example, if an applicant is requesting
assistance for required production for April and May 2020 that resulted
in a gross profit loss, the related financial information must be in
sufficient detail to demonstrate the gross profit loss for such period.
4. On page 70821, column 1, under section E. ``Application Review
Information,'' subsection 3.i.c. should be amended to read as follows:
c. Amount of eligible biofuel (gallons of biofuel) reported under
(b), above, produced by the eligible producer in 2020 to meet required
contractual commitments, marketing obligations, or fulfill or maintain
essential markets, resulting in a gross profit loss.
Karama Neal,
Administrator, Rural Business-Cooperative Service.
[FR Doc. 2022-01797 Filed 1-27-22; 8:45 am]
BILLING CODE 3410-XY-P
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