Notice of Indirect Cost Rates for the Damage Assessment and Restoration Program for Fiscal Year 2004, 13356-13357 [06-2477]

Download as PDF 13356 Federal Register / Vol. 71, No. 50 / Wednesday, March 15, 2006 / Notices DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 030906D] Marine Fisheries Advisory Committee; Charter Renewal National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of renewed charter. AGENCY: SUMMARY: Notice is hereby given of the two year renewed charter for the Marine Fisheries Advisory Committee (MAFAC), signed on February 3, 2006. FOR FURTHER INFORMATION CONTACT: Laurel Bryant, MAFAC Executive Director; telephone: (301) 713–2379 x171. SUPPLEMENTARY INFORMATION: As required by section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1982), notice is hereby given of the renewed charter for MAFAC. MAFAC was established by the Secretary of Commerce (Secretary) on February 17, 1972, to advise the Secretary on all living marine resource matters that are the responsibility of the Department of Commerce. This Committee advises and reviews the adequacy of living marine resource policies and programs to meet the needs of commercial and recreational fisheries, and environmental, state, consumer, academic, tribal, and other national interests. The Committee’s charter must be renewed every two years from the date of the last renewal. The charter can be accessed on line at www.nmfs.noaa.gov/ocs/mafac. Dated: March 9, 2006. Gordon J. Helm, Acting Director, Office of Constituent Services, National Marine Fisheries Service. [FR Doc. E6–3751 Filed 3–14–06; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration sroberts on PROD1PC70 with NOTICES Notice of Indirect Cost Rates for the Damage Assessment and Restoration Program for Fiscal Year 2004 National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of indirect cost rates for the Damage Assessment and Restoration Program for Fiscal Year 2004. AGENCY: VerDate Aug<31>2005 17:27 Mar 14, 2006 Jkt 208001 SUMMARY: The National Oceanic and Atmospheric Administration’s (NOAA’s) Damage and Restoration Program (DARP) is announcing new indirect cost rates on the recovery of indirect costs for its component organizations involved in natural resource damage assessment and restoration activities for fiscal year (FY) 2004. The indirect cost rates for this fiscal year and dates of implementation are provided in this notice. More information on these rates and the DARP policy can be found at the DARP Web site at http://www.darp.noaa.gov. FOR FURTHER INFORMATION CONTACT: Brian Julius at 301–713–3038, ext. 199, by fax at 301–713–4387, or e-mail at Brian.Julius@noaa.gov. SUPPLEMENTARY INFORMATION: The mission of the DARP is to restore natural resource injuries caused by releases of hazardous substances or oil under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. 96012 et seq.), the Oil Pollution Act of 1990 (OPA) (33 U.S.C. 2701 et seq.), and support restoration of physical injuries to National Marine Sanctuary resources under the National Marine Sanctuaries Act (NMSA) (16 U.S.C. 1431 et seq.). The DARP consists of three component organizations: the Damage Assessment Center (DAC) within the National Ocean Service; the Restoration Center within the National Marine Fisheries Service; and the Office of the General Counsel for Natural Resources (GCNR). The DARP conducts Natural Resource Damage Assessments (NRDAs) as a basis for recovering damages from responsible parties, and uses the funds recovered to restore injured natural resources. During FY 2005, the DARP expanded to include a fourth component organization, the Coastal Protection and Restoration Division (CPRD) within the National Ocean Service. With this addition, DARP changed its name to the Damage Assessment, Remediation, and Restoration Program (DARRP). Since this notice announces the indirect cost rates for FY 2004, which is prior to DARP’s expansion, the acronym ‘‘DARP’’ will be used throughout. Consistent with Federal accounting requirements, the DARP is required to account for and report the full costs of its programs and activities. Further, the DARP is authorized by law to recover reasonable costs of damage assessment and restoration activities under CERCLA, OPA, and the NMSA. Within the constraints of these legal provisions and their regulatory applications, the DARP has the discretion to develop PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 indirect cost rates for its component organizations and formulate policies on the recovery of indirect cost rates subject to its requirements. The DARP’s Indirect Cost Effort In December 1998, the DARP hired the public accounting firm Rubino & McGeehin, Chartered (R&M) to: evaluate cost accounting system and allocation practices; recommend the appropriate indirect cost allocation methodology; and determine the indirect cost rates for the three organizations that comprise the DARP. A Federal Register notice on R&M’s effort, their assessment of the DARP’s cost accounting system and practice, and their determination regarding the most appropriate indirect cost methodology and rates for FYs 1993 through 1999 was published on December 7, 2000 (65 FR 76611). The notice and report by R&M can also be found on the DARP Web site at http:// www.darp.noaa.gov. R&M continued its assessment of DARP’s indirect cost rate system and structure for FYs 2000 and 2001. A second Federal notice specifying the DARP indirect rates for FYs 2000 and 2001 was published on December 2, 2002 (67 FR 71537). In October 2002, DARP hired the accounting firm of Cotton and Company LLP (Cotton) to review and certify DARP costs incurred on cases for purposes of cost recovery and to develop indirect rates for FY 2002 and subsequent years. As in the prior years, Cotton concluded that the cost accounting system and allocation practices of the DARP component organizations are consistent with Federal accounting requirements. Consistent with R&M’s previous analyses, Cotton also determined that the most appropriate indirect allocation method continues to be the Direct Labor Cost Base for all three DARP component organizations. The Direct Labor Cost Base is computed by allocating total indirect cost over the us of direct labor dollars plus the application of NOAA’s leave surcharge and benefits rates to direct labor. Direct labor costs for contractors from the Oak Ridge Institute for Science and Education (ORISE) and I.M. Systems Group (IMSG) also were included in the direct labor base because Cotton determined that these costs have the same relationship to the indirect cost pool as NOAA direct labor costs. ORISE and IMSG provide on-site support to the DARP in the areas of injury assessment, natural resource economics, restoration planning and implementation, and policy analysis. A third Federal notice specifying the DARP indirect rates for FY 2002 was published on October 6, 2003 (68 FR E:\FR\FM\15MRN1.SGM 15MRN1 Federal Register / Vol. 71, No. 50 / Wednesday, March 15, 2006 / Notices 57672), and a fourth notice fore the FY 2003 indirect cost rates appeared on May 20, 2005 (70 FR 29280). Cotton’s reports on these indirect rates can also be found on the DARP Web site at http://www.darp.noaa.gov. Cotton reaffirmed that the Direct Labor Cost Base is the most appropriate indirect allocation method for the development of the FY 2004 indirect cost rates. The DARP’s Indirect Cost Rates and Policies sroberts on PROD1PC70 with NOTICES Damage Assessment Center (DAC) ................................ Restoration Center (RC) ....... General Counsel for Natural Resources (GCNR) ........... BILLING CODE 3510–JE–M DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 031006A] The DARP will apply the indirect cost rates fro FY 2004 as recommended by Cotton for each of the DARP component organizations as provided in the following table: DARP component organization Dated: March 9, 2006. David M. Kennedy, Director, Office of Response and Restoration, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. 06–2477 Filed 3–14–06; 8:45 am] FY 2004 indirect rate (percent) Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice; request for comments. AGENCY: SUMMARY: The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant 165.39 Regional Administrator), has made a preliminary determination that an Exempted Fishing Permit (EFP) These rates are based on the Direct application submitted by the Mount Labor Cost Base allocation methodology. Desert Oceanarium (MDO), Southwest The FY 2004 rates will be applied to Harbor, ME, contains all of the required all damage assessment and restoration information and warrants further consideration. The EFP would allow case costs incurred between October 1, one fishing vessel to fish for, retain, and 2003 and September 30, 2004. DARP land small numbers of regulated fish will use the FY 2004 indirect cost rates species, and several unmanaged fish for future fiscal years until subsequent and invertebrate species, for the purpose year-specific rates can be developed. of public display. The Assistant For cases that have settled and for Regional Administrator has made a cost claims paid prior to the effective preliminary determination that the date of the fiscal year in question, the activities authorized under this EFP DARP will not re-open any resolved would be consistent with the goals and matters for the purpose of applying the objectives of the Fishery Management revised rates in this policy for these Plans (FMPs) for these species. fiscal years. For cases not settled and However, further review and cost claims not paid prior to the consultation may be necessary before a effective date of the fiscal year in final determination is made to issue an question, costs will be recalculated EFP. using the revised rates in this policy for Regulations under the MagnusonStevens Fishery Conservation and these fiscal years. Where a responsible Management Act require publication of party has agreed to pay costs using this notification to provide interested previous year’s indirect rates, but has parties the opportunity to comment on not yet made the payment because the applications for proposed EFPs. settlement documents are not finalized, DATES: Comments must be received on the costs will not be recalculated. or before March 30, 2006. The DARP indirect cost rate polices ADDRESSES: Written comments should and procedures published in the be sent to Patricia A. Kurkul, Regional Federal Register on December 7, 2000 (65 FR 76611), on December 2, 2002 (67 Administrator, NMFS, NE Regional Office, 1 Blackburn Drive, Gloucester, FR 71537), October 6, 2003 (68 FR MA 01930. Mark the outside of the 57672), and May 20, 2005 (70 FR 29280) envelope ‘‘Comments on MDO remain in effect except as updated by Specimen Collection, DA6–043.’’ this notice. Comments may also be sent via fax to (978) 281–9135. Comments may also be VerDate Aug<31>2005 17:27 Mar 14, 2006 213.03 181.46 Jkt 208001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 13357 submitted via e-mail to the following address: DA6–043@noaa.gov. Include in the subject line of the e-mail ‘‘Comments on MDO Specimen Collection.’’ FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Management Specialist, 978–281–9341. SUPPLEMENTARY INFORMATION: The MDO submitted an application for an EFP on February 9, 2006, to collect several species of fish and invertebrates for public display. The target species would include American plaice (dab), winter flounder (blackback), yellowtail flounder, witch flounder (grey sole), Atlantic halibut, monkfish, eel pouts, sculpins, sea raven, Atlantic cod, lumpfish, Atlantic wolffish, spiny dogfish, little skate, barndoor skate, and various species of the Phyla Arthropoda (excluding lobsters) and Echinodermata. One chartered fishing vessel would use a shrimp otter trawl with 2–inch (5.08–cm) mesh to collect marine fish and invertebrates for a maximum of 4 days—2 days during the period May 16– 28, 2006, and 2 days during the period June 23–30, 2006. The specimens would be cared for in chilled and aerated seawater while on board the fishing vessel and would be transferred live to tanks the day they are caught. The fish would be brought to shore, maintained in tanks for public display for a period of time not to exceed 5 months, and would be returned to the sea in October 2006. Collection would be made within the Small Mesh Northern Shrimp Fishery Exemption Area, specifically within an area off the coast of Maine. Because the shrimp fishery will be closed at the time of the proposed collection, and this area lies within the Gulf of Maine Regulated Mesh Area, an exemption from the Northeast (NE) multispecies minimum mesh requirements of 6–inch (15.24– cm) diamond/6.5–inch (16.51–cm) square mesh at 50 CFR 648.80(a)(3) would be required. The applicant would retain a maximum of six individuals per species, juveniles and adults combined, with the exception of Atlantic halibut. In addition to an exemption from the NE multispecies minium mesh requirements, the applicant would only be permitted to retain a total of one Atlantic halibut with a minimum length of 36 inches (91.44 cm). The applicant has requested the following exemptions from the NE Multispecies and Monkfish Fishery Management Plans: Effort control program requirements at §§ 648.82(a) and 648.92(a); minimum fish sizes at §§ 648.83(a)(1) and 648.93(a)(1); and monkfish possession E:\FR\FM\15MRN1.SGM 15MRN1

Agencies

[Federal Register Volume 71, Number 50 (Wednesday, March 15, 2006)]
[Notices]
[Pages 13356-13357]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2477]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Indirect Cost Rates for the Damage Assessment and 
Restoration Program for Fiscal Year 2004

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Commerce.

ACTION: Notice of indirect cost rates for the Damage Assessment and 
Restoration Program for Fiscal Year 2004.

-----------------------------------------------------------------------

SUMMARY: The National Oceanic and Atmospheric Administration's (NOAA's) 
Damage and Restoration Program (DARP) is announcing new indirect cost 
rates on the recovery of indirect costs for its component organizations 
involved in natural resource damage assessment and restoration 
activities for fiscal year (FY) 2004. The indirect cost rates for this 
fiscal year and dates of implementation are provided in this notice. 
More information on these rates and the DARP policy can be found at the 
DARP Web site at http://www.darp.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Brian Julius at 301-713-3038, ext. 
199, by fax at 301-713-4387, or e-mail at Brian.Julius@noaa.gov.

SUPPLEMENTARY INFORMATION: The mission of the DARP is to restore 
natural resource injuries caused by releases of hazardous substances or 
oil under the Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA) (42 U.S.C. 96012 et seq.), the Oil Pollution Act 
of 1990 (OPA) (33 U.S.C. 2701 et seq.), and support restoration of 
physical injuries to National Marine Sanctuary resources under the 
National Marine Sanctuaries Act (NMSA) (16 U.S.C. 1431 et seq.). The 
DARP consists of three component organizations: the Damage Assessment 
Center (DAC) within the National Ocean Service; the Restoration Center 
within the National Marine Fisheries Service; and the Office of the 
General Counsel for Natural Resources (GCNR). The DARP conducts Natural 
Resource Damage Assessments (NRDAs) as a basis for recovering damages 
from responsible parties, and uses the funds recovered to restore 
injured natural resources. During FY 2005, the DARP expanded to include 
a fourth component organization, the Coastal Protection and Restoration 
Division (CPRD) within the National Ocean Service. With this addition, 
DARP changed its name to the Damage Assessment, Remediation, and 
Restoration Program (DARRP). Since this notice announces the indirect 
cost rates for FY 2004, which is prior to DARP's expansion, the acronym 
``DARP'' will be used throughout.
    Consistent with Federal accounting requirements, the DARP is 
required to account for and report the full costs of its programs and 
activities. Further, the DARP is authorized by law to recover 
reasonable costs of damage assessment and restoration activities under 
CERCLA, OPA, and the NMSA. Within the constraints of these legal 
provisions and their regulatory applications, the DARP has the 
discretion to develop indirect cost rates for its component 
organizations and formulate policies on the recovery of indirect cost 
rates subject to its requirements.

The DARP's Indirect Cost Effort

    In December 1998, the DARP hired the public accounting firm Rubino 
& McGeehin, Chartered (R&M) to: evaluate cost accounting system and 
allocation practices; recommend the appropriate indirect cost 
allocation methodology; and determine the indirect cost rates for the 
three organizations that comprise the DARP. A Federal Register notice 
on R&M's effort, their assessment of the DARP's cost accounting system 
and practice, and their determination regarding the most appropriate 
indirect cost methodology and rates for FYs 1993 through 1999 was 
published on December 7, 2000 (65 FR 76611). The notice and report by 
R&M can also be found on the DARP Web site at http://www.darp.noaa.gov.
    R&M continued its assessment of DARP's indirect cost rate system 
and structure for FYs 2000 and 2001. A second Federal notice specifying 
the DARP indirect rates for FYs 2000 and 2001 was published on December 
2, 2002 (67 FR 71537).
    In October 2002, DARP hired the accounting firm of Cotton and 
Company LLP (Cotton) to review and certify DARP costs incurred on cases 
for purposes of cost recovery and to develop indirect rates for FY 2002 
and subsequent years. As in the prior years, Cotton concluded that the 
cost accounting system and allocation practices of the DARP component 
organizations are consistent with Federal accounting requirements. 
Consistent with R&M's previous analyses, Cotton also determined that 
the most appropriate indirect allocation method continues to be the 
Direct Labor Cost Base for all three DARP component organizations. The 
Direct Labor Cost Base is computed by allocating total indirect cost 
over the us of direct labor dollars plus the application of NOAA's 
leave surcharge and benefits rates to direct labor. Direct labor costs 
for contractors from the Oak Ridge Institute for Science and Education 
(ORISE) and I.M. Systems Group (IMSG) also were included in the direct 
labor base because Cotton determined that these costs have the same 
relationship to the indirect cost pool as NOAA direct labor costs. 
ORISE and IMSG provide on-site support to the DARP in the areas of 
injury assessment, natural resource economics, restoration planning and 
implementation, and policy analysis. A third Federal notice specifying 
the DARP indirect rates for FY 2002 was published on October 6, 2003 
(68 FR

[[Page 13357]]

57672), and a fourth notice fore the FY 2003 indirect cost rates 
appeared on May 20, 2005 (70 FR 29280). Cotton's reports on these 
indirect rates can also be found on the DARP Web site at http://
www.darp.noaa.gov.
    Cotton reaffirmed that the Direct Labor Cost Base is the most 
appropriate indirect allocation method for the development of the FY 
2004 indirect cost rates.

The DARP's Indirect Cost Rates and Policies

    The DARP will apply the indirect cost rates fro FY 2004 as 
recommended by Cotton for each of the DARP component organizations as 
provided in the following table:

------------------------------------------------------------------------
                                                              FY 2004
              DARP component  organization                 indirect rate
                                                             (percent)
------------------------------------------------------------------------
Damage Assessment Center (DAC)..........................          213.03
Restoration Center (RC).................................          181.46
General Counsel for Natural Resources (GCNR)............          165.39
------------------------------------------------------------------------

These rates are based on the Direct Labor Cost Base allocation 
methodology.
    The FY 2004 rates will be applied to all damage assessment and 
restoration case costs incurred between October 1, 2003 and September 
30, 2004. DARP will use the FY 2004 indirect cost rates for future 
fiscal years until subsequent year-specific rates can be developed.
    For cases that have settled and for cost claims paid prior to the 
effective date of the fiscal year in question, the DARP will not re-
open any resolved matters for the purpose of applying the revised rates 
in this policy for these fiscal years. For cases not settled and cost 
claims not paid prior to the effective date of the fiscal year in 
question, costs will be recalculated using the revised rates in this 
policy for these fiscal years. Where a responsible party has agreed to 
pay costs using previous year's indirect rates, but has not yet made 
the payment because the settlement documents are not finalized, the 
costs will not be recalculated.
    The DARP indirect cost rate polices and procedures published in the 
Federal Register on December 7, 2000 (65 FR 76611), on December 2, 2002 
(67 FR 71537), October 6, 2003 (68 FR 57672), and May 20, 2005 (70 FR 
29280) remain in effect except as updated by this notice.

    Dated: March 9, 2006.
David M. Kennedy,
Director, Office of Response and Restoration, National Ocean Service, 
National Oceanic and Atmospheric Administration.
[FR Doc. 06-2477 Filed 3-14-06; 8:45 am]
BILLING CODE 3510-JE-M