Notice of Indirect Cost Rates for the Damage Assessment, Remediation, and Restoration Program for Fiscal Year 2005., 6221-6222 [E7-2203]

Download as PDF Federal Register / Vol. 72, No. 27 / Friday, February 9, 2007 / Notices Disclosure The Department will disclose calculations performed for these preliminary results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs and/or written comments no later than 30 days after the date of publication of these preliminary results of review. See 19 CFR 351.309(c)(ii). Rebuttal briefs and rebuttals to written comments, limited to issues raised in such briefs or comments, may be filed no later than 35 days after the date of publication. See 19 CFR 351.309(d). Further, parties submitting written comments are requested to provide the Department with an additional copy of those comments on diskette. Any interested party may request a hearing within 30 days of publication of these preliminary results. See 19 CFR 351.310(c). Any hearing, if requested, will be held two days after the scheduled date for submission of rebuttal briefs. See 19 CFR 351.310(d). The Department will issue the final results of these administrative reviews, which will include the results of its analysis of issues raised in the briefs, within 120 days of publication of these preliminary results, in accordance with 19 CFR 351.213(h)(1), unless the time limit is extended. jlentini on PROD1PC65 with NOTICES Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of the final results of these new shipper and administrative reviews. In accordance with 19 CFR 351.212(b)(1), we have calculated an exporter/importer–or customer–specific assessment rate or value for merchandise subject to these reviews. For these preliminary results, we divided the total dumping margins for the reviewed sales by the total entered quantity of those reviewed sales for each applicable importer. In these reviews, if these preliminary results are adopted in our final results of review, we will direct CBP to assess the resulting rate against the entered customs value for the subject merchandise on each importer’s/ customer’s entries during the POR. administrative reviews for shipments of subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(1)( C ) and (a)(2)( C ) of the Act: (1) for the Dare Group, Fine Furniture, Foshan Guanqui, Shanghai Aosen, and Starcorp, and the separate– rate applicants being granted a separate rate, the cash deposit rate will be that established in the final results of these reviews; (2) for previously investigated or reviewed PRC and non–PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter–specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC–wide rate of 216.01 percent; and (4) for all non– PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that non–PRC exporter. These deposit requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. The Department is issuing and publishing these preliminary results of administrative review and new shipper reviews in accordance with sections 751(a) and 777(i)(1) of the Act, and 19 CFR 351.221(b) and 351.214(h). Dated: January 31, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–2130 Filed 2–8–07; 8:45 am] BILLING CODE 3510–DS–S Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of these VerDate Aug<31>2005 21:06 Feb 08, 2007 Jkt 211001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 6221 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Notice of Indirect Cost Rates for the Damage Assessment, Remediation, and Restoration Program for Fiscal Year 2005. SUMMARY: The National Oceanic and Atmospheric Administration’s (NOAA’s) Damage Assessment, Remediation, and Restoration Program (DARRP) 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) 2005. The indirect cost rates for this fiscal year and dates of implementation are provided in this notice. More information on these rates and the DARRP policy can be found at the DARRP Web site at www.darrp.noaa.gov. FOR FURTHER INFORMATION CONTACT: For further information, contact Brian Julius at 301–713–4248, ext. 199, by fax at 301–713–4389, or e-mail at Brian.Julius@noaa.gov. SUPPLEMENTARY INFORMATION: The mission of the DARRP 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. 9601 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 DARRP consists of three component organizations: the Office of Response and Restoration (ORR) 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 DARRP 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 ORR underwent a reorganization and the former Damage Assessment and Restoration Program was renamed DARRP. Previous notices reported indirect rates for the Damage Assessment Center (DAC), which was a division of ORR prior to the reorganization. This notice reports an indirect rate for the larger ORR. Consistent with Federal accounting requirements, the DARRP is required to E:\FR\FM\09FEN1.SGM 09FEN1 6222 Federal Register / Vol. 72, No. 27 / Friday, February 9, 2007 / Notices jlentini on PROD1PC65 with NOTICES account for and report the full costs of its programs and activities. Further, the DARRP 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 DARRP 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 DARRP’s Indirect Cost Effort In December 1998, the DARRP 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 DARRP. A Federal Register notice on R&M’s effort, their assessment of the DARRP’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 DARRP Web site at https://www.darrp.noaa.gov. R&M continued its assessment of DARRP’s indirect cost rate system and structure for FYs 2000 and 2001. A second federal notice specifying the DARRP indirect rates for FYs 2000 and 2001 was published on December 2, 2002 (67 FR 71537). In October 2002, DARRP hired the accounting firm of Cotton and Company LLP (Cotton) to review and certify DARRP 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 DARRP 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 DARRP component organizations. The Direct Labor Cost Base is computed by allocating total indirect cost over the sum 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 VerDate Aug<31>2005 21:06 Feb 08, 2007 Jkt 211001 determined that these costs have the same relationship to the indirect cost pool as NOAA direct labor costs. ORISE and IMSG provided on-site support to the DARRP in the areas of injury assessment, natural resource economics, restoration planning and implementation, and policy analysis. IMSG continues to provide on-site support to the DARRP. A third federal notice specifying the DARRP indirect rates for FY 2002 was published on October 6, 2003 (68 FR 57672), a fourth notice for the FY 2003 indirect cost rates appeared on May 20, 2005 (70 FR 29280), and a fifth notice for the FY 2004 indirect cost rates was published on March 16, 2006 (71 FR 13356). Cotton’s reports on these indirect rates can also be found on the DARRP Web site at https://www.darrp.noaa.gov. Cotton reaffirmed that the Direct Labor Cost Base is the most appropriate indirect allocation method for the development of the FY 2005 indirect cost rates. The DARRP’s Indirect Cost Rates and Policies The DARRP will apply the indirect cost rates for FY 2005 as recommended by Cotton for each of the DARRP component organizations as provided in the following table: settlement documents are not finalized, the costs will not be recalculated. The DARRP indirect cost rate policies 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), May 20, 2005 (70 FR 29280), and March 16, 2006(71 FR 13356) remain in effect except as updated by this notice. Dated: February 5, 2007. Captain Ken Barton, Director, Office of Response and Restoration, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. E7–2203 Filed 2–8–07; 8:45 am] BILLING CODE 3510–JE–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 020507C] Marine Mammals; File No. 42–1642 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for amendment. AGENCY: SUMMARY: Notice is hereby given that Mystic Aquarium, 55 Coogan Boulevard, Mystic, CT 06355 (Dr. Lisa Mazzaro, Principal Investigator) has requested an Office of Response and Restoration (ORR) ................... 180.42 amendment to scientific research Permit Restoration Center (RC) ....... 166.70 No. 42–1642. General Counsel for Natural DATES: Written, telefaxed, or e-mail Resources (GCNR) ........... 169.59 comments must be received on or before March 12, 2007. These rates are based on the Direct ADDRESSES: The amendment request Labor Cost Base allocation methodology. and related documents are available for The FY 2005 rates will be applied to review upon written request or by all damage assessment and restoration appointment in the following office(s): case costs incurred between October 1, Permits, Conservation and Education 2005 and September 30, 2006. DARRP Division, Office of Protected Resources, will use the FY 2005 indirect cost rates NMFS, 1315 East-West Highway, Room for future fiscal years until subsequent 13705, Silver Spring, MD 20910; phone year-specific rates can be developed. (301)713–2289; fax (301)427–2521; and For cases that have settled and for Northeast Region, NMFS, One cost claims paid prior to the effective Blackburn Drive, Gloucester, MA date of the fiscal year in question, the 01930–2298; phone (978)281–9300; fax DARRP will not re-open any resolved (978)281–9394. matters for the purpose of applying the Written comments or requests for a revised rates in this policy for these public hearing on this request should be fiscal years. For cases not settled and submitted to the Chief, Permits, cost claims not paid prior to the Conservation and Education Division, effective date of the fiscal year in F/PR1, Office of Protected Resources, question, costs will be recalculated NMFS, 1315 East-West Highway, Room using the revised rates in this policy for 13705, Silver Spring, MD 20910. Those these fiscal years. Where a responsible individuals requesting a hearing should party has agreed to pay costs using set forth the specific reasons why a previous year’s indirect rates, but has hearing on this particular amendment not yet made the payment because the request would be appropriate. PO 00000 FY 2005 indirect rate (percent) DARRP component organization Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1

Agencies

[Federal Register Volume 72, Number 27 (Friday, February 9, 2007)]
[Notices]
[Pages 6221-6222]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2203]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Indirect Cost Rates for the Damage Assessment, 
Remediation, and Restoration Program for Fiscal Year 2005.

SUMMARY: The National Oceanic and Atmospheric Administration's (NOAA's) 
Damage Assessment, Remediation, and Restoration Program (DARRP) 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) 2005. The 
indirect cost rates for this fiscal year and dates of implementation 
are provided in this notice. More information on these rates and the 
DARRP policy can be found at the DARRP Web site at www.darrp.noaa.gov.

FOR FURTHER INFORMATION CONTACT: For further information, contact Brian 
Julius at 301-713-4248, ext. 199, by fax at 301-713-4389, or e-mail at 
Brian.Julius@noaa.gov.

SUPPLEMENTARY INFORMATION: The mission of the DARRP 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. 9601 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 
DARRP consists of three component organizations: the Office of Response 
and Restoration (ORR) 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 
DARRP 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 ORR 
underwent a reorganization and the former Damage Assessment and 
Restoration Program was renamed DARRP. Previous notices reported 
indirect rates for the Damage Assessment Center (DAC), which was a 
division of ORR prior to the reorganization. This notice reports an 
indirect rate for the larger ORR.
    Consistent with Federal accounting requirements, the DARRP is 
required to

[[Page 6222]]

account for and report the full costs of its programs and activities. 
Further, the DARRP 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 DARRP 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 DARRP's Indirect Cost Effort

    In December 1998, the DARRP 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 DARRP. A Federal Register notice 
on R&M's effort, their assessment of the DARRP'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 DARRP Web site at https://
www.darrp.noaa.gov.
    R&M continued its assessment of DARRP's indirect cost rate system 
and structure for FYs 2000 and 2001. A second federal notice specifying 
the DARRP indirect rates for FYs 2000 and 2001 was published on 
December 2, 2002 (67 FR 71537).
    In October 2002, DARRP hired the accounting firm of Cotton and 
Company LLP (Cotton) to review and certify DARRP 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 DARRP 
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 DARRP 
component organizations. The Direct Labor Cost Base is computed by 
allocating total indirect cost over the sum 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 provided on-site 
support to the DARRP in the areas of injury assessment, natural 
resource economics, restoration planning and implementation, and policy 
analysis. IMSG continues to provide on-site support to the DARRP. A 
third federal notice specifying the DARRP indirect rates for FY 2002 
was published on October 6, 2003 (68 FR 57672), a fourth notice for the 
FY 2003 indirect cost rates appeared on May 20, 2005 (70 FR 29280), and 
a fifth notice for the FY 2004 indirect cost rates was published on 
March 16, 2006 (71 FR 13356). Cotton's reports on these indirect rates 
can also be found on the DARRP Web site at https://www.darrp.noaa.gov.
    Cotton reaffirmed that the Direct Labor Cost Base is the most 
appropriate indirect allocation method for the development of the FY 
2005 indirect cost rates.

The DARRP's Indirect Cost Rates and Policies

    The DARRP will apply the indirect cost rates for FY 2005 as 
recommended by Cotton for each of the DARRP component organizations as 
provided in the following table:

------------------------------------------------------------------------
                                                              FY 2005
              DARRP component  organization                indirect rate
                                                             (percent)
------------------------------------------------------------------------
Office of Response and Restoration (ORR)................          180.42
Restoration Center (RC).................................          166.70
General Counsel for Natural Resources (GCNR)............          169.59
------------------------------------------------------------------------

    These rates are based on the Direct Labor Cost Base allocation 
methodology.
    The FY 2005 rates will be applied to all damage assessment and 
restoration case costs incurred between October 1, 2005 and September 
30, 2006. DARRP will use the FY 2005 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 DARRP 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 DARRP indirect cost rate policies 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), May 20, 2005 (70 FR 
29280), and March 16, 2006(71 FR 13356) remain in effect except as 
updated by this notice.

    Dated: February 5, 2007.
Captain Ken Barton,
Director, Office of Response and Restoration, National Ocean Service, 
National Oceanic and Atmospheric Administration.
[FR Doc. E7-2203 Filed 2-8-07; 8:45 am]
BILLING CODE 3510-JE-P
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