Notice of Indirect Cost Rates for the Damage Assessment and Restoration Program for Fiscal Year 2004, 13356-13357 [06-2477]
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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:
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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 https://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
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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 https://
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
https://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
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17:27 Mar 14, 2006
213.03
181.46
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PO 00000
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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 https://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 https://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 https://
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
