Notice of Indirect Cost Rates for the Damage Assessment, Remediation, and Restoration Program for Fiscal Years 2007 and 2008, 58948-58949 [E9-27236]

Download as PDF 58948 Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES reviewed sales for each importer. We will direct CBP to assess the resulting percentage margin against the entered customs values for the subject merchandise on each of that importer’s entries during the period of review. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment of Antidumping Duties). This clarification will apply to entries of subject merchandise during the period of review produced by Euro Plastics for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all– others rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see Assessment of Antidumping Duties. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of review. of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. See 19 CFR 351.402(f)(3). Cash–Deposit Requirements The following deposit requirements will be effective upon publication of this notice of final results of administrative review for all shipments of PRCBs entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, as provided by section 751(a)(2)(C) of the Act: (1) the cash–deposit rate for Euro Plastics will be 56.13 percent; (2) for previously investigated companies not listed above, the cash–deposit rate will continue to be the company– specific rate published in the Notice of Final Determination of Sales at Less Than Fair Value: Polyethylene Retail Carrier Bags From Malaysia, 69 FR 34128, 34129 (June 18, 2004) (Final Determination); (3) if the exporter is not a firm covered in this review or the less–than-fair–value investigation but the manufacturer is, the cash–deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; (4) if neither the exporter nor the manufacturer has its own rate, the cash–deposit rate will be 84.94 percent, the all–others rate for this proceeding published in the Final Determination. These deposit requirements shall remain in effect until further notice. Dated: November 6, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement VerDate Nov<24>2008 16:41 Nov 13, 2009 Jkt 220001 Notification Regarding APOs This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO as explained in the APO itself. See also 19 CFR 351.305(a)(3). Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. We are publishing these final results of administrative review and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Appendix 1. Product-Specific Resin Cost 2. G&A and Financial Expenses 3. Product-Specific Yield Losses 4. Home-Market Sales Tax and Import Duties 5. Home-Market Freight Expenses 6. Home-Market Credit Expense 7. Standard Weight versus Actual Weight 8. U.S. Indirect Selling Expenses 9. U.S. Discounts [FR Doc. E9–27440 Filed 11–13–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Notice of Indirect Cost Rates for the Damage Assessment, Remediation, and Restoration Program for Fiscal Years 2007 and 2008 AGENCY: National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of indirect cost rates for the Damage Assessment, Remediation, and Restoration Program for Fiscal Years 2007 and 2008. SUMMARY: The National Oceanic and Atmospheric Administration’s PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 (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 years (FY) 2007 and 2008. The indirect cost rates for these fiscal years 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 https:// 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 the DARRP cost accounting system and E:\FR\FM\16NON1.SGM 16NON1 58949 Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices 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 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 notice for the FY 2005 indirect cost rates was published on February 9, 2007 (72 FR 6221). The last notice for the FY 2006 rates was published on June 3, 2008 (73 FR 31679). 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 2007 and FY 2008 indirect cost rates. The DARRP’s Indirect Cost Rates and Policies The DARRP will apply the indirect cost rates for FY 2007 and FY 2008 as recommended by Cotton for each of the DARRP component organizations as provided in the following table: FY2007 indirect rate (percent) DARRP component organization mstockstill on DSKH9S0YB1PROD with NOTICES 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 2007 rates will be applied to all damage assessment and restoration case costs incurred between October 1, 2006 and September 30, 2007. The FY 2008 rates will be applied to all damage assessment and restoration case costs incurred between October 1, 2007 and September 30, 2008. DARRP will use the FY 2008 indirect cost rates for future fiscal years, beginning with FY 2009, 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 VerDate Nov<24>2008 16:41 Nov 13, 2009 Jkt 220001 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), March 16, 2006 (71 FR 13356), February 9, 2007 (72 FR 6221), and June 3, 2008 (73 FR 31679), remain in effect except as updated by this notice. Dated: October 30, 2009. David Westerholm, Director, Office of Response and Restoration. [FR Doc. E9–27236 Filed 11–13–09; 8:45 am] COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Addition AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. Frm 00013 Fmt 4703 154.72 130.78 156.68 122.31 133.87 94.08 ACTION: Proposed addition to procurement list. SUMMARY: The Committee is proposing to add to the Procurement List a service to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. Comments Must Be Received on or Before: 12/14/2009. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202–3259. FOR FURTHER INFORMATION OR TO SUBMIT COMMENTS CONTACT: Barry S. Lineback, BILLING CODE 3510–JE–P PO 00000 FY2008 indirect rate (percent) Sfmt 4703 Telephone: (703) 603–7740, Fax: (703) 603–0655, or e-mail CMTEFedReg@AbilityOne.gov. This notice is published pursuant to 41 U.S.C 47(a)(2) and 41 CFR 51–2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. SUPPLEMENTARY INFORMATION: E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 74, Number 219 (Monday, November 16, 2009)]
[Notices]
[Pages 58948-58949]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27236]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Indirect Cost Rates for the Damage Assessment, 
Remediation, and Restoration Program for Fiscal Years 2007 and 2008

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

ACTION: Notice of indirect cost rates for the Damage Assessment, 
Remediation, and Restoration Program for Fiscal Years 2007 and 2008.

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

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 years (FY) 2007 and 
2008. The indirect cost rates for these fiscal years 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 https://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 the DARRP cost accounting 
system and

[[Page 58949]]

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:[sol][sol]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 notice for the FY 2005 indirect cost 
rates was published on February 9, 2007 (72 FR 6221). The last notice 
for the FY 2006 rates was published on June 3, 2008 (73 FR 31679). 
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 
2007 and FY 2008 indirect cost rates.

The DARRP's Indirect Cost Rates and Policies

    The DARRP will apply the indirect cost rates for FY 2007 and FY 
2008 as recommended by Cotton for each of the DARRP component 
organizations as provided in the following table:

------------------------------------------------------------------------
                                       FY2007 indirect   FY2008 indirect
    DARRP component organization       rate (percent)    rate (percent)
------------------------------------------------------------------------
Office of Response and Restoration              154.72            122.31
 (ORR)..............................
Restoration Center (RC).............            130.78            133.87
General Counsel for Natural                     156.68             94.08
 Resources (GCNR)...................
------------------------------------------------------------------------

    These rates are based on the Direct Labor Cost Base allocation 
methodology.
    The FY 2007 rates will be applied to all damage assessment and 
restoration case costs incurred between October 1, 2006 and September 
30, 2007. The FY 2008 rates will be applied to all damage assessment 
and restoration case costs incurred between October 1, 2007 and 
September 30, 2008. DARRP will use the FY 2008 indirect cost rates for 
future fiscal years, beginning with FY 2009, 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), March 16, 2006 (71 FR 13356), February 9, 2007 (72 FR 6221), 
and June 3, 2008 (73 FR 31679), remain in effect except as updated by 
this notice.

    Dated: October 30, 2009.
David Westerholm,
Director, Office of Response and Restoration.
[FR Doc. E9-27236 Filed 11-13-09; 8:45 am]
BILLING CODE 3510-JE-P
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