SECTION 9. FUTURE ALLOCATION

ROUNDS

.01 2010–2011 Allocation Round . If, after the allocation round in 2009–2010, the entire credit under the qualifying advanced energy project is not fully subscribed (that is, the aggregate credit for the program has not been fully allocated), the Service will conduct an additional allocation round in 2010–2011. Future guidance will prescribe the procedures applicable to applications in the 2010–2011 allocation round.

.02 Review and Redistribution of Cred- its . Pursuant to § 48C(d)(4)(A), the Service will review credits allocated under § 48C not later than February 17, 2013. Under § 48C(d)(4)(B), credits available under § 48C(d)(1)(B) may be reallocated if (i) there is an insufficient quantity of qualifying applications for certification pending at the time of the review, or (ii) any certification made pursuant to § 48C(d)(2) has been revoked pursuant to § 48C(d)(2)(B). If credits under § 48C(d) are available for reallocation, § 48C(d)(4)(C) authorizes the Service to conduct an additional program for applications for certification. Future guidance will prescribe the procedures applicable to applications in this program.

.03 Reduction or forfeiture of allocated credits . Under the agreement set forth in Appendix A to this notice, the qualifying advanced energy project credits allocated under section 5 of this notice will be reduced or forfeited in certain situations. A taxpayer must notify the Service of the

2009–37 I.R.B. 328 September 14, 2009

The collections of information in this notice are in sections 5, 6, 7, 8, and Appendix B of this notice. This information is required to obtain an allocation of qualifying advanced energy project credits. This information will be used by the Service to verify that the taxpayer is eligible for the qualifying advanced energy project credits. The collection of information is required to obtain a benefit. The likely respondents are business or other for-profit institutions.

The estimated total annual reporting burden is 110 hours.

The estimated annual burden per respondent varies from 70 to 150 hours, depending on individual circumstances, with an estimated average of 110 hours. The estimated number of respondents is 1000.

The estimated annual frequency of responses is on occasion.

Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and return information are confidential, as required by 26 U.S.C. § 6103.