Biofuel Producer Program

Forms and Documents

Document Name	Status
Form RD 4288-7 Biofuel Producer Program Form	New
Biofuel Producer - Emergency Request.pdf Supplementary Document	2021-08-03
New 0570-XXXX Burden Spreadsheet 8-2-21.xls Supplementary Document	2021-08-03
New 0570-XXXX SuptStmt 8-2-21.docx Supporting Statement A	2021-08-03

IC Document Collections

IC ID	Document Title	Status
248650	Biofuel Producer Program Form	New

ICR Details

OMB Control No:	ICR Reference No: 202107-0570-003
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: USDA/RBS	Agency Tracking No:
Title: Biofuel Producer Program
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 08/16/2021
Date Submitted to OIRA: 08/09/2021

	Requested	Previously Approved
Expiration Date	6 Months From Approved
Responses	633	0
Time Burden (Hours)	996	0
Cost Burden (Dollars)	0	0

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Abstract: The Biofuel Producer Program (Program) is authorized under Section. 751, Division N, Title VII—Nutrition and Agriculture Relief, of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2021, P.L.116-260 (the Act). The Act authorizes the Secretary of Agriculture to make payments to eligible producers of eligible biofuel, biomass-based diesel, cellulosic biofuel, conventional biofuel, or renewable fuel produced in the United States, for unexpected market losses as a result of COVID–19. Entities eligible to receive payments under the Program are producers of eligible biofuels, biomass-based diesel, cellulosic biofuel, conventional biofuel, or renewable fuel produced in the United States, that meet all of the requirements of the Program. Such entities can be an individual or legal entity, including, but not limited to, a corporation, company, foundation, association, labor organization, firm, partnership, society, joint stock company, group of organizations, or non-profit that produces an eligible biofuel and that sells the biofuel on the commercial market.

Emergency Justfication: The Rural Business-Cooperative Service (RBCS), an agency of the Rural Development (RD) Mission Area (Agencies) within the United States Department of Agriculture (USDA), is seeking emergency review and approval of a new information collection for the Notice of Funding Opportunity (NOFO) for the Biofuel Producer Program. The Agency is expecting to publish the NOFO, of which the 60-day notice is embedded, in the Federal Register by August 30, 2021. In compliance with the requirements of 5 CFR § 1320.13, this request for emergency approval is essential for RBCS to fulfill its responsibility to administer the Biofuel Producer Program. The Biofuel Producer Program is authorized by Section 751, Division N, Title VII—Nutrition and Agriculture Relief, of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2021 (the Act). The Act authorizes the Secretary of Agriculture to make payments to producers of advanced biofuel, biomass-based diesel, cellulosic biofuel, conventional biofuel, or renewable fuel (as such terms are defined in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))). Such funding is made because withholding these funds would unduly delay the provision of the additional coronavirus response and relief funds which Congress intended to provide expeditious relief to address the current economic conditions arising from the COVID–19 emergency. The Congress, Administration, and USDA have indicated that the implementation of this program is a top priority. Approval of the emergency request for this new information collection is important because the Biofuel Producer Program will not be able to be implemented, as the use of normal clearance procedures is likely to prevent the collection of information from applicants which, in turn, will have negative consequences on the intended recipients, as well as be in violation of the Act. Therefore, USDA is requesting that OMB complete their review and approval of this new collection package on or before August 16, 2021.

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Authorizing Statute(s): PL: Pub.L. 116 - 260 751, Div N, Title VII Name of Law: Nutrition and Agriculture Relief, of the Agriculture, Rural Development, Food and Drug Administratio
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Biofuel Producer Program	RD 4288-7	Biofuel Producer Program Application

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	633	0	0	0	633	0
Annual Time Burden (Hours)	996	0	0	0	996	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection for a one-time program that was authorized by Section. 751, Division N, Title VII—Nutrition and Agriculture Relief, of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2021, P.L.116-260.

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Annual Cost to Federal Government: $132,237

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Yes

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/09/2021

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