Notice of Indirect Cost Rates for the Damage Assessment, Remediation, and Restoration Program for Fiscal Year 2006, 31679-31680 [E8-12303]

Download as PDF Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Notices FOR FURTHER INFORMATION CONTACT: J. Terry Lynch, National Institute of Standards and Technology, Office of Technology Partnerships, 100 Bureau Drive, Stop 2200, Gaithersburg, MD 20899, Phone 301–975–2691. SUPPLEMENTARY INFORMATION: The prospective exclusive license will be royalty bearing and will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. The prospective exclusive license may be granted unless, within thirty days from the date of this published Notice, NIST receives written evidence and argument which establish that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7. The availability of the invention for licensing was published in the Federal Register on February 16, 2000. U.S. Patent No. 6,168,755 is owned by the U.S. government, as represented by the Secretary of Commerce. The patent involves a high nitrogen stainless steel alloy and alloy powder comprising chromium (Cr), molybdenum (Mo), manganese (Mn), nickel (Ni), nitrogen (N) and iron (Fe). The composition of the stainless steel alloy and powder comprises between about 27 and about 30% by weight Cr, between about 1.5 and about 4.0% by weight Mo, Mn present and is present in an amount up to 15% by weight, at least about 8% by weight Ni, and about 0.8 to about 0.97% by weight N with the balance being iron. It has been discovered that forming an alloy of this chemistry using nitrogen gas atomization process, followed by a consolidation process, the alloy is less likely to form detrimental ferrite, stable nitride and sigma (.sigma.) phases, without the need for further processing, such as solution treating and quenching. This allows for the formation of stainless steel articles having a thicker cross-section with reduced processing cost. Dated: May 28, 2008. Richard F. Kayser, Chief Scientist. [FR Doc. E8–12400 Filed 6–2–08; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE ebenthall on PRODPC60 with NOTICES National Oceanic and Atmospheric Administration Notice of Indirect Cost Rates for the Damage Assessment, Remediation, and Restoration Program for Fiscal Year 2006 SUMMARY: The National Oceanic and Atmospheric Administration’s (NOAA’s) Damage Assessment, VerDate Aug<31>2005 16:07 Jun 02, 2008 Jkt 214001 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) 2006. 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 http:// www.darrp.noaa.gov. FOR FURTHER INFORMATION CONTACT: For further information, contact LaTonya Burgess at 301–713–4248, ext. 211, by fax at 301–713–4389, or e-mail at LaTonya.Burgess@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. Consistent with Federal accounting requirements, the DARRP is required to 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; PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 31679 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 http://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 I.M. Systems Group (IMSG) 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. 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). The last notice for the FY 2005 indirect cost rates was published on February 9, 2007 (72 FR 6221). Cotton’s reports on these indirect rates can also be found on the DARRP Web site at http://www.darrp.noaa.gov. E:\FR\FM\03JNN1.SGM 03JNN1 31680 Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Notices Cotton reaffirmed that the Direct Labor Cost Base is the most appropriate indirect allocation method for the development of the FY 2006 indirect cost rates. The DARRP’s Indirect Cost Rates and Policies The DARRP will apply the indirect cost rates for FY 2006 as recommended by Cotton for each of the DARRP component organizations as provided in the following table: FY 2006 Indirect Rate (%) DARP Component Organization Office of Response and Restoration (ORR) ............................................................................................................................................ Restoration Center (RC) .......................................................................................................................................................................... General Counsel for Natural Resources (GCNR) ................................................................................................................................... These rates are based on the Direct Labor Cost Base allocation methodology. The FY 2006 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 2006 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. 130.99 128.04 122.01 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 Fed. Reg. 29280), March 16, 2006 (71 FR 13356), and February 9, 2007 (72 FR 6221) remain in effect except as updated by this notice. To summarize, the DARRP indirect rates for the last five fiscal years (beginning October 1 and ending September 30) are: DARRP Component Organization FY 02 (%) FY 03 (%) FY 04 (%) FY 05 (%) FY 06 (%) Damage Assessment Center ....................................................................................... Office of Response and Restoration ........................................................................... Restoration Center ....................................................................................................... General Counsel for Natural Resources ..................................................................... 254.17 ................ 218.36 251.75 261.96 ................ 223.74 206.47 213.03 ................ 181.46 165.39 ................ 180.42 166.70 169.59 ................ 130.99 128.04 122.01 Dated: May 22, 2008. David Westerholm, Director, Office of Response and Restoration, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. E8–12303 Filed 6–2–08; 8:45 am] BILLING CODE 3510–JE–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XI19 Notice of Public Meeting for the Joint Subcommittee on Aquaculture National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting for the Joint Subcommittee on Aquaculture of the Committee on Science National Science and Technology Council. ebenthall on PRODPC60 with NOTICES AGENCY: SUMMARY: This notice announces the schedule and proposed agenda for a meeting of the Joint Subcommittee on Aquaculture (JSA) of the Committee on VerDate Aug<31>2005 14:18 Jun 02, 2008 Jkt 214001 Science of the National Science and Technology Council. The JSA serves as the Federal interagency coordinating body to increase the overall effectiveness and productivity of Federal research, technology transfer, and assistance programs in support of a globally competitive, technologically advanced, and environmentally sound aquaculture industry in the United States. The meeting provides an opportunity for the subcommittee to discuss ongoing and planned activities in support of aquaculture development in the United States. The meeting will also provide an opportunity for the public to ask questions and comment on JSA activities. The meeting is open to the public and participants are encouraged to register in advance. Participants must present valid photo identification to enter the building. More information is available at http:// aquaculture.noaa.gov. The meeting is scheduled for Thursday, July 10, 2008, from 8:30 a.m. until 12:30 pm. e.s.t. DATES: NOAA Headquarters Building #4, 1305 East-West Hwy., ADDRESSES: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Room 1W611, Silver Spring, Maryland, 20910. FOR FURTHER INFORMATION CONTACT: Gary Jensen, United States Department of Agriculture, Cooperative State Research, Education and Extension Service, 800 9th Street, Room 3409, Washington, DC (202) 401–6802, gjensen@csrees.usda.gov. The Joint Subcommittee on Aquaculture was created by the National Aquaculture Act of 1980 (Public Law 96–362, 94 Stat. 1198, 16 U.S.C. 2801, et seq.) and is chaired by the Secretary of Agriculture (designee) with vice-chairs from the Department of Commerce and Department of the Interior. The purpose of the coordinating group is to increase the overall effectiveness and productivity of Federal aquaculture research, transfer, and assistance programs. In fulfilling this purpose the coordinating group: (1) Reviews the national needs for aquaculture research, transfer, and assistance; (2) Assesses the effectiveness and adequacy of Federal efforts to meet those national needs; SUPPLEMENTARY INFORMATION: E:\FR\FM\03JNN1.SGM 03JNN1

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[Federal Register Volume 73, Number 107 (Tuesday, June 3, 2008)]
[Notices]
[Pages 31679-31680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12303]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Indirect Cost Rates for the Damage Assessment, 
Remediation, and Restoration Program for Fiscal Year 2006

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) 2006. 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 http://
www.darrp.noaa.gov.

FOR FURTHER INFORMATION CONTACT: For further information, contact 
LaTonya Burgess at 301-713-4248, ext. 211, by fax at 301-713-4389, or 
e-mail at LaTonya.Burgess@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.
    Consistent with Federal accounting requirements, the DARRP is 
required to 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 http://
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 I.M. Systems 
Group (IMSG) 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. 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). The last notice for the FY 2005 indirect 
cost rates was published on February 9, 2007 (72 FR 6221). Cotton's 
reports on these indirect rates can also be found on the DARRP Web site 
at http://www.darrp.noaa.gov.

[[Page 31680]]

    Cotton reaffirmed that the Direct Labor Cost Base is the most 
appropriate indirect allocation method for the development of the FY 
2006 indirect cost rates.

The DARRP's Indirect Cost Rates and Policies

    The DARRP will apply the indirect cost rates for FY 2006 as 
recommended by Cotton for each of the DARRP component organizations as 
provided in the following table:

------------------------------------------------------------------------
                                                               FY 2006
                DARP Component Organization                    Indirect
                                                              Rate  (%)
------------------------------------------------------------------------
Office of Response and Restoration (ORR)...................       130.99
Restoration Center (RC)....................................       128.04
General Counsel for Natural Resources (GCNR)...............       122.01
------------------------------------------------------------------------

    These rates are based on the Direct Labor Cost Base allocation 
methodology.
    The FY 2006 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 2006 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 
Fed. Reg. 29280), March 16, 2006 (71 FR 13356), and February 9, 2007 
(72 FR 6221) remain in effect except as updated by this notice. To 
summarize, the DARRP indirect rates for the last five fiscal years 
(beginning October 1 and ending September 30) are:

----------------------------------------------------------------------------------------------------------------
                                                             FY 02      FY 03      FY 04      FY 05      FY 06
               DARRP Component Organization                   (%)        (%)        (%)        (%)        (%)
----------------------------------------------------------------------------------------------------------------
Damage Assessment Center.................................     254.17     261.96     213.03  .........  .........
Office of Response and Restoration.......................  .........  .........  .........     180.42     130.99
Restoration Center.......................................     218.36     223.74     181.46     166.70     128.04
General Counsel for Natural Resources....................     251.75     206.47     165.39     169.59     122.01
----------------------------------------------------------------------------------------------------------------


    Dated: May 22, 2008.
David Westerholm,
Director, Office of Response and Restoration, National Ocean Service, 
National Oceanic and Atmospheric Administration.
[FR Doc. E8-12303 Filed 6-2-08; 8:45 am]
BILLING CODE 3510-JE-P