Biofuel Producer Program

Forms and Documents

Forms and supporting documents for this ICR

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

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
249572	Biofuel Producer Program	Form	New	Biofuel Producer Program Application
248650	Biofuel Producer Program	Form	New

ICR Details

OMB Control No: 0570-0076	ICR Reference No: 202107-0570-003
Status: Historical Active	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: 12/13/2021
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/13/2021
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/13/2021
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2022	6 Months From Approved
Responses	633	0	0
Time Burden (Hours)	996	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The Biofuel Producer Program (Program) is authorized under Title I of Division B of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; Pub. L. 116–136). The CARES Act authorizes the Secretary of Agriculture to 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. 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 a sole proprietorship 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 one-time information collection is embedded, in the Federal Register by December 13, 2021. This date is subject to change at the request of the Secretary of Agriculture. The Biofuel Producer Program is authorized under Title I of Division B of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; Pub. L. 116-136). The CARES Act authorizes the Secretary of Agriculture to prevent, prepare for, and respond to the coronavirus (also referred to as COVID-19) by providing support for agricultural producers impacted by the 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. The expeditious implementation of the Biofuel Producer Program is very critical to the Agency’s mission. Withholding these funds would unduly delay the provision of emergency benefits under the CARES Act, which Congress intended to provide expeditious relief to rural America 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 CARES Act. Therefore, USDA is requesting that OMB complete their review and approval of this new collection package on or before date of publication. The one-time information collection is included in the NOFO. In compliance with OMB regulations (5 CFR Part 1320), which implements the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the information collection and recordkeeping requirements that may be imposed by this section are submitted to OMB for emergency review and approval. Attached are the supporting statement and spreadsheet for the Biofuel Producer Program.

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Authorizing Statute(s): PL: Pub.L. 116 - 136 Title 1 of Division B Name of Law: Coronavirus Aid, Relief, and Economic Security Act
  

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
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 70818	12/13/2021
Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

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

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ICR Summary of Burden

table that charts list of burden

	Total Approved	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 information collection package.

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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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