Notice of Indirect Cost Rates for the Office of National Marine Sanctuaries for Fiscal Year 2006, 58126-58127 [E8-23453]
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58126
Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Notices
determine that a financial contribution
is provided under this program, in the
form of foregone tax revenue, within the
meaning of section 771(5)(D)(ii) of the
Act. We further preliminarily determine
that the GOI provided a benefit under
this program in an amount equal to the
tax savings under section 771(5)(E) of
the Act. In addition, we preliminarily
determine that the program is limited to
enterprises in geographically limited
areas and, therefore, is specific within
the meaning of section 771(5A)(D)(iv) of
the Act.
One of Navneet’s manufacturing
plants operates in a region that is
designated by the GOI as an
‘‘industrially backward’’ territory of
India and therefore, the company is
eligible for the tax incentives described
above. Navneet reported that it received
tax deductions under this program
during the POR on its 2006 corporate
income tax return, which was the return
filed by the company during the POR.
The Department typically treats a tax
deduction as a recurring benefit in
accordance with 19 CFR 351.524(c)(1).
Under 19 CFR 351.509(a), the benefit is
equal to the difference between the
income tax that the company would
have paid absent the program and the
income tax the company paid under the
program. Therefore, to calculate the
benefit, we subtracted the amount of
2006 income tax Navneet paid under the
program from the amount of income tax
Navneet would have paid absent the
program.
To calculate the net subsidy rate, we
divided the benefit by Navneet’s total
sales for POR. On this basis, we
preliminarily calculated an ad valorem
rate of 0.47 percent.
II. Programs Preliminarily Determined
Not To Be Used
jlentini on PROD1PC65 with NOTICES
A. Programs Administered by the
Government of India
1. Duty Replenishment Certificate
Scheme.
2. Advance License Program.
3. Export Processing Zones and
Export Oriented Units.
4. Target Plus Scheme.
5. Export Processing Zones.
6. Income Tax Exemption Scheme
(Sections 10A, 10B, and 80HHC).
7. Market Development Assistance.
8. Status Certificate Program.
9. Market Access Initiative.
10. Loan guarantees from the GOI.
11. Exemption of Export Credit from
Interest Taxes.
12. Pre and Post-shipment Export
Financing.
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17:44 Oct 03, 2008
Jkt 217001
B. Programs Administered by the State
Governments
State Government of Gujarat
Programs:
1. State Government of Gujarat
Provided Tax Incentives.
State Government of Maharashtra
Programs:
2. Sales Tax Program from
Maharashtra.
3. Electricity Duty Exemptions Under
the State Government of Mahatrashtra’s
(SGM) Package Scheme of Incentives of
1993.
4. Refunds of Octroi Under the PSI of
1993, Maharashtra Industrial Policy
(MIP of 2001) and Maharashtra
Industrial Policy (MIP of 2006).
5. Infrastructure Subsidies to Mega
Projects.
6. Land for Less than Adequate
Remuneration (for firms operating in
areas outside of the Bombay and Pune
metropolitan areas).
7. Loan Guarantees Based on Octroi
Refunds by the SGM.
Preliminary Results of Review
In accordance with 19 CFR
351.221(b)(4)(i), we have calculated a
subsidy rate for Navneet for the period
February 15, 2006, through December
31, 2006. We preliminarily determine
the total estimated net countervailable
subsidy rate for Navneet is 8.75 percent
ad valorem for 2006.
If the final results of this review
remain the same as these preliminary
results, the Department intends to issue
assessment instructions to U.S. Customs
and Border Protection (CBP) 15 days
after the date of publication of the final
results of review. We will instruct CBP
to collect cash deposits for Navneet at
the CVD rate indicated above of the Free
On Board (F.O.B.) invoice price on all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. We will also instruct CBP to
continue to collect cash deposits for
non-reviewed companies at the most
recent company-specific or countrywide rate applicable to the company.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Public Comment
Pursuant to 19 CFR 351.224(b), the
Department will disclose to parties to
the proceeding any calculations
performed in connection with these
preliminary results not later than ten
days after the public announcement of
this notice. Pursuant to 19 CFR
351.309(c)(ii), interested parties may
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Frm 00017
Fmt 4703
Sfmt 4703
submit written comments in response to
these preliminary results within 30 days
after the publication date of these
preliminary results. Rebuttal briefs,
limited to arguments raised in case
briefs, must be submitted no later than
five days after the time limit for filing
case briefs, unless otherwise specified
by the Department, pursuant to 19 CFR
351.309(d)(1). Parties who submit
argument in this proceeding are
requested to submit with the argument:
(1) A statement of the issues, (2) a brief
summary of the argument, and (3) a
table of statutes, regulations and case
citied. Parties submitting case and/or
rebuttal briefs are requested to provide
the Department copies of the public
version on disk. Case and rebuttal briefs
must be served on interested parties in
accordance with 19 CFR 351.303(f).
Also, pursuant to 19 CFR 351.310(c),
within 30 days of the date of publication
of this notice, interested parties may
request a public hearing on arguments
to be raised in the case and rebuttal
briefs. Unless the Secretary specifies
otherwise, the hearing, if requested, will
be held two days after the date for
submission of rebuttal briefs, that is, 37
days after the date of publication of
these preliminary results.
Pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h), the
Department will publish the final
results of this administrative review
within 120 days after the publication
date of preliminary results including the
results of its analysis of arguments made
in any case or rebuttal briefs.
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(4).
Dated: September 29, 2009.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–23565 Filed 10–3–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Notice of Indirect Cost Rates for the
Office of National Marine Sanctuaries
for Fiscal Year 2006
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
Notice of indirect cost rates for
the Office of National Marine
Sanctuaries for Fiscal Year 2006.
ACTION:
E:\FR\FM\06OCN1.SGM
06OCN1
58127
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Notices
SUMMARY: The National Oceanic and
Atmospheric Administration’s
(NOAA’s) Office of National Marine
Sanctuaries (ONMS) is announcing the
establishment of 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
NMSP policy can be obtained from the
address provided below.
FOR FURTHER INFORMATION CONTACT:
Harriet Sopher, 301–713–3125, ext. 271;
(FAX: 301–713–0404; e-mail:
Harriet.Sopher@noaa.gov.
SUPPLEMENTARY INFORMATION: The
mission of the ONMS with respect to
Natural Resource Damage Assessment is
to restore injuries to sanctuary resources
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.)
or the Oil Pollution Act of 1990 (OPA)
(33 U.S.C., 2701 et seq.), or physical
injuries under the National Marine
Sanctuaries Act (NMSA) (16 U.S.C.,
1431 et seq.). The NOAA ONMS
consists of the following component
organizations: Thirteen National Marine
Sanctuaries and one National
Monument within NOAP’s National
Ocean Service. The ONMS conducts
Natural Resource Damage Assessments
(NRDA) as a basis for recovering
damages from responsible parties and
uses the funds recovered to restore
injured sanctuary resources.
When addressing NRDA incidents,
the costs of the damage assessment are
recoverable from responsible parties
who are potentially liable for an
incident. Costs include direct and
indirect costs. Direct costs are costs for
activities that are clearly and readily
attributable to a specific output. In the
context of the ONMS, outputs may be
associated with damage assessment
cases, or may be represented by other
program products such as damage
assessment regulations. In contrast,
indirect costs reflect the costs for
activities that collectively support the
ONMS’s mission and operations. For
example, indirect costs include general
administrative support and traditional
overheads. Although these costs may
not be readily traced back to a specific
direct activity, indirect costs may be
allocated to direct activities using an
indirect cost distribution rate.
Consistent with standard Federal
accounting requirements, the ONMS is
VerDate Aug<31>2005
17:44 Oct 03, 2008
Jkt 217001
required to account for and report the
full costs of its programs and activities.
Further, the ONMS is authorized by law
to recover reasonable costs of damage
assessment and restoration activities
under CEROLA, OPA, and the NMSA.
Within the constraints of these legal
provisions and their regulatory
applications, the ONMS has the
discretion to develop indirect cost rates
for its component organizations and
formulate policies on the recover of
indirect cost rates subject to its
requirements.
The ONMS Indirect Cost Effort
In October 2002, the ONMS hired the
public accounting firm Cotton &
Company (C&C) to: (1) Evaluate the cost
accounting system and allocation
practices; (2) recommend the
appropriate indirect cost allocation
methodology; and, (3) determine the
indirect cost rates for the organizations
that comprise the ONMS.
The ONMS requested an analysis of
its indirect costs for fiscal year 2002.
The goal was to develop the most
appropriate indirect cost rate allocation
methodology and rates for the ONMS
component organizations. C&C has
continued its assessment of the ONMS
indirect cost rate system and structure
annually from FY2002 through FY2006.
C&C concluded that the cost
accounting system and allocation
practices of the ONMS component
organizations are consistent with
Federal accounting requirements. C&C
also determined that the most
appropriate indirect allocation method
was the Direct Labor Cost Base for all
ONMS component organizations. The
Direct Labor Cost Base is computed by
allocating total indirect costs over the
sum of direct labor dollars plus the
application of NOAA’s leave surcharge
and benefits rates to direct labor. The
indirect cost rates that C&C has
computed for the ONNS component
organizations were further assessed as
being fair and equitable. A report on
C&C’s effort, their assessment of the
ONMS’s cost accounting system and
practice, and their determination
respecting the most appropriate indirect
cost methodology and rates can be
obtained from: Harriet Sopher, ONMS
1305 East West Highway, Silver Spring,
MD 20910.
C&C reaffirmed that the Direct Labor
Cost Base is the most appropriate
indirect allocation method for the
development of the FY 2006 indirect
cost rates.
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Frm 00018
Fmt 4703
Sfmt 4703
The ONMS Indirect Cost Rates and
Policies
The ONMS will apply the indirect
cost rates for FY 2006 as recommended
by C&C for each of the ONMS
component organizations as provided in
the following table:
ONMS component
organization
FY 2006
indirect rate
(percent)
Office of National Marine
Sanctuaries (ONMS) .........
ONMS Florida Keys National
Marine Sanctuary
(FKNMS) ...........................
137.35
216.43
The FY 2006 rates identified in this
policy will be applied to all damage
assessment and restoration case costs
incurred between October 1, 2005 and
present, using the Direct Labor Cost base
allocation methodology. The ONMS will
use the FY 2006 rates for future fiscal
years until year-specific rates can be
developed. For cases that have been
settled and for costs claims paid prior to
the effective date of the fiscal year in
question, the ONMS will not re-open
any resolved matters for the purpose of
applying the rates in this policy. 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 rates in this
policy.
Dated: September 25, 2008.
Daniel J. Basta,
Director, Office of National Marine
Sanctuaries.
[FR Doc. E8–23453 Filed 10–3–08; 8:45 am]
BILLING CODE 3510–NK–M
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN: 0648–XK87
Gulf of Mexico Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
SUMMARY: The Gulf of Mexico Fishery
Management Council will convene a
public meeting of the Ad Hoc
Recreational Red Snapper Advisory
Panel (AP).
DATES: The meeting will convene at 9
a.m. on Monday, October 20, 2008 and
conclude no later than 3 p.m. on
Tuesday, October 21, 2008.
E:\FR\FM\06OCN1.SGM
06OCN1
]]>Agencies
[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Notices]
[Pages 58126-58127]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23453]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Notice of Indirect Cost Rates for the Office of National Marine
Sanctuaries for Fiscal Year 2006
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of indirect cost rates for the Office of National Marine
Sanctuaries for Fiscal Year 2006.
-----------------------------------------------------------------------
[[Page 58127]]
SUMMARY: The National Oceanic and Atmospheric Administration's (NOAA's)
Office of National Marine Sanctuaries (ONMS) is announcing the
establishment of 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 NMSP policy can be obtained from the address provided
below.
FOR FURTHER INFORMATION CONTACT: Harriet Sopher, 301-713-3125, ext.
271; (FAX: 301-713-0404; e-mail: Harriet.Sopher@noaa.gov.
SUPPLEMENTARY INFORMATION: The mission of the ONMS with respect to
Natural Resource Damage Assessment is to restore injuries to sanctuary
resources 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.) or the Oil Pollution Act of 1990
(OPA) (33 U.S.C., 2701 et seq.), or physical injuries under the
National Marine Sanctuaries Act (NMSA) (16 U.S.C., 1431 et seq.). The
NOAA ONMS consists of the following component organizations: Thirteen
National Marine Sanctuaries and one National Monument within NOAP's
National Ocean Service. The ONMS conducts Natural Resource Damage
Assessments (NRDA) as a basis for recovering damages from responsible
parties and uses the funds recovered to restore injured sanctuary
resources.
When addressing NRDA incidents, the costs of the damage assessment
are recoverable from responsible parties who are potentially liable for
an incident. Costs include direct and indirect costs. Direct costs are
costs for activities that are clearly and readily attributable to a
specific output. In the context of the ONMS, outputs may be associated
with damage assessment cases, or may be represented by other program
products such as damage assessment regulations. In contrast, indirect
costs reflect the costs for activities that collectively support the
ONMS's mission and operations. For example, indirect costs include
general administrative support and traditional overheads. Although
these costs may not be readily traced back to a specific direct
activity, indirect costs may be allocated to direct activities using an
indirect cost distribution rate.
Consistent with standard Federal accounting requirements, the ONMS
is required to account for and report the full costs of its programs
and activities. Further, the ONMS is authorized by law to recover
reasonable costs of damage assessment and restoration activities under
CEROLA, OPA, and the NMSA. Within the constraints of these legal
provisions and their regulatory applications, the ONMS has the
discretion to develop indirect cost rates for its component
organizations and formulate policies on the recover of indirect cost
rates subject to its requirements.
The ONMS Indirect Cost Effort
In October 2002, the ONMS hired the public accounting firm Cotton &
Company (C&C) to: (1) Evaluate the cost accounting system and
allocation practices; (2) recommend the appropriate indirect cost
allocation methodology; and, (3) determine the indirect cost rates for
the organizations that comprise the ONMS.
The ONMS requested an analysis of its indirect costs for fiscal
year 2002. The goal was to develop the most appropriate indirect cost
rate allocation methodology and rates for the ONMS component
organizations. C&C has continued its assessment of the ONMS indirect
cost rate system and structure annually from FY2002 through FY2006.
C&C concluded that the cost accounting system and allocation
practices of the ONMS component organizations are consistent with
Federal accounting requirements. C&C also determined that the most
appropriate indirect allocation method was the Direct Labor Cost Base
for all ONMS component organizations. The Direct Labor Cost Base is
computed by allocating total indirect costs over the sum of direct
labor dollars plus the application of NOAA's leave surcharge and
benefits rates to direct labor. The indirect cost rates that C&C has
computed for the ONNS component organizations were further assessed as
being fair and equitable. A report on C&C's effort, their assessment of
the ONMS's cost accounting system and practice, and their determination
respecting the most appropriate indirect cost methodology and rates can
be obtained from: Harriet Sopher, ONMS 1305 East West Highway, Silver
Spring, MD 20910.
C&C 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 ONMS Indirect Cost Rates and Policies
The ONMS will apply the indirect cost rates for FY 2006 as
recommended by C&C for each of the ONMS component organizations as
provided in the following table:
------------------------------------------------------------------------
FY 2006
ONMS component organization indirect rate
(percent)
------------------------------------------------------------------------
Office of National Marine Sanctuaries (ONMS)............ 137.35
ONMS Florida Keys National Marine Sanctuary (FKNMS)..... 216.43
------------------------------------------------------------------------
The FY 2006 rates identified in this policy will be applied to all
damage assessment and restoration case costs incurred between October
1, 2005 and present, using the Direct Labor Cost base allocation
methodology. The ONMS will use the FY 2006 rates for future fiscal
years until year-specific rates can be developed. For cases that have
been settled and for costs claims paid prior to the effective date of
the fiscal year in question, the ONMS will not re-open any resolved
matters for the purpose of applying the rates in this policy. 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 rates in
this policy.
Dated: September 25, 2008.
Daniel J. Basta,
Director, Office of National Marine Sanctuaries.
[FR Doc. E8-23453 Filed 10-3-08; 8:45 am]
BILLING CODE 3510-NK-M
