Notice of Indirect Cost Rates for the Office of National Marine Sanctuaries for Fiscal Years 2008 and 2009, 8219-8220 [2012-2953]

Download as PDF Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Notices hooks and trip, retention limits) specifically authorized for selected participants in the shark research fishery are designated depending on the scientific and research needs of the Agency as well as the number of NMFSapproved observers available. In order to inform selected participants of this year’s specific permit requirements and ensure all terms and conditions of the permit are met, per the requirements of § 635.32(f)(4), NMFS is holding a mandatory permit holder meeting via conference call. The conference call will be held on February 17, 2012, from 3 to 5 p.m. Participants and interested parties should call 800–857–3903 and use the passcode 9425509. Selected participants who do not attend will not be allowed to participate in the shark research fishery. While the conference call is mandatory for selected participants, other interested parties may call in and listen to the discussion. Dated: February 9, 2012. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–3423 Filed 2–13–12; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Coastal Zone Management Program: Illinois Office of Ocean and Coastal Resource Management (OCRM), National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce (DOC). ACTION: Notice of Availability of Record of Decision (ROD) for Federal Approval of the Illinois Coastal Management Program (ICMP). AGENCY: NOAA’s OCRM announces the availability of the Record of Decision (ROD) documenting Federal Approval of the Illinois Coastal Management Program (ICMP). The Federal Register Notice (FRN) on the Final Environmental Impact Statement (EIS) on the ICMP was published December 23, 2011 for a 30-day comment period (76 FR 80342). The comment period closed on January 23, 2012. The ROD documents the selection of Alternative 1 (the NOAA preferred alternative) in the final EIS. NOAA makes a final determination that the ICMP constitutes an approvable program and that requirements of the mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 21:57 Feb 13, 2012 Jkt 226001 Coastal Zone Management Act (CZMA) and its implementing regulations have been met. The ROD was signed by the Assistant Administrator, National Ocean Service, on January 31, 2012. Federal consistency applies to the ICMP enforceable policies as of January 31, 2012, and the State of Illinois is eligible to receive program administration grant funds. ADDRESSES: A copy of the ROD may be obtained from Diana Olinger, Coastal Program Specialist and Interim Environmental Protection Specialist, NOAA, OCRM/CPD, N/ORM3, Station 11204, 1305 East-West Highway, Silver Spring, MD 20910, or Diana.Olinger@noaa.gov, (301) 563– 1149 (telephone), (301) 713–4367 (facsimile). The ROD is also available on the OCRM Web site at: http:// coastalmanagement.noaa.gov/mystate/ il.html. FOR FURTHER INFORMATION CONTACT: Diana Olinger, Coastal Program Specialist, National Oceanic and Atmospheric Administration, OCRM/ CPD, N/ORM3, Station 11204, 1305 East-West Highway, Silver Spring, MD 20910, telephone (301) 563–1149, facsimile (301) 713–4367, email Diana.Olinger@noaa.gov. SUPPLEMENTARY INFORMATION: The following is a summary of the ROD: The State of Illinois, Department of Natural Resources, submitted a coastal management program to NOAA for approval under the Coastal Zone Management Act (CZMA), 16 U.S.C. 1451, et seq. in May 2011. The ICMP was the result of collaborative efforts on the part of Federal, State, and local agencies, regional organizations, and public and private entities. The ROD selects Final EIS Alternative 1 (Approve the Illinois Coastal Management Program). OCRM arrived at this decision taking into account environmental, economic and agency statutory mission considerations, as discussed in greater detail in the ROD. OCRM did not select Alternative 2 (Deny Approval) or Alternative 3 (Delay Approval) because those alternatives could potentially lead to negative physical and socio-economic impacts to coastal resources associated with (1) the State not being able to become eligible for federal technical and financial assistance to implement the ICMP; (2) Illinois would have no authority to review federal activities for consistency with the state’s enforceable coastal policies; and (3) Illinois would be under no obligation to consider the national interest in the siting, planning, and management of regionally or nationally significant coastal facilities. These benefits are only available PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 8219 through participation in the national coastal management program. Alternative 3 was also not selected due to the fact further delay of federal approval would make it less likely that Illinois would enter the national coastal zone management program in the future due to resource limitations and other factors Dated: February 6, 2012. Donna Wieting, Director, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. 2012–3362 Filed 2–13–12; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Notice of Indirect Cost Rates for the Office of National Marine Sanctuaries for Fiscal Years 2008 and 2009 National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. AGENCY: 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 years (FY) 2008 and 2009. The indirect cost rates for these fiscal years and dates of implementation are provided in this notice. More information on these rates and the ONMS policy can be obtained from the address provided below. FOR FURTHER INFORMATION CONTACT: Lisa Symons, 301–713–7275; FAX: 301–713– 0404. SUPPLEMENTARY INFORMATION: The mission of the ONMS with respect to Natural Resource Damage Assessment (NRDA) is to repair and 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.). ONMS consists of the following component organizations: thirteen national marine sanctuaries and Papahanaumokuakea Marine National SUMMARY: E:\FR\FM\14FEN1.SGM 14FEN1 8220 Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES Monument within NOAA’s National Ocean Service. The Natural Resources Section of the Office of NOAA General Counsel supports litigation for ONMS. ONMS conducts NRDAs as a basis for recovering damages from responsible parties and uses recovered funds to restore injured sanctuary resources. When addressing NRDA incidents, NOAA seeks to recover the costs of the damage assessment 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 are typically associated with damage assessment cases. Indirect costs reflect the costs for activities that collectively support the ONMS’s mission and operations in support of NRDA work, but not connected to specific cases. 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 CERCLA, 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 recovery of indirect cost rates subject to its requirements. 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 and GCNR 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 ONMS and GCNR 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: Lisa Symons, 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 2008 and 2009 indirect cost rates. The ONMS’s 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’s indirect cost rate system and structure from FY 2002 to present. C&C concluded that the cost accounting system and allocation practices of the ONMS and GCNR ONMS Florida Keys National Marine Sanctuary (FKNMS) .. ONMS All sites, except FKNMS VerDate Mar<15>2010 21:57 Feb 13, 2012 Jkt 226001 The ONMS’s Indirect Cost Rates and Policies The ONMS will apply the indirect cost rates for FY 2008 and 2009 as recommended by C&C for each ONMS component as provided in the following table. The ONMS will apply the FY 2009 indirect rate to the Natural Resources Section as noted in the following table. Prior year indirect costs can be found in notices from the NOAA Office of Response and Restoration. ONMS component ONMS component ONMS Florida Keys National Marine Sanctuary (FKNMS) .. ONMS All sites, except FKNMS Natural Resources Section, Office of General Counsel ONMS cases only ................. FY 2008 indirect rate (percent) 310.58 269.34 FY 2009 indirect rate (percent) 397.63 336.50 74.01 The FY 2008 and 2009 rates identified in this policy will be applied to all damage assessment and restoration case costs incurred between October 1, 2008 and present, using the Direct Labor Cost base allocation methodology. For cases that have settled and for costs claims paid prior to the effective date of the PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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. The ONMS will use the FY 2009 rates for damage assessment and restoration case costs incurred from October 1, 2008 through future fiscal years until year-specific rates are developed. Dated: January 31, 2012. Daniel Basta, Director, Office of National Marine Sanctuaries. [FR Doc. 2012–2953 Filed 2–13–12; 8:45 am] BILLING CODE 3510–NK–M DEPARTMENT OF COMMERCE United States Patent and Trademark Office Submission for OMB Review; Comment Request The United States Patent and Trademark Office (USPTO) will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: United States Patent and Trademark Office (USPTO). Title: Public Key Infrastructure (PKI) Certificate Action Form. Form Number(s): PTO–2042. Agency Approval Number: 0651– 0045. Type of Request: Revision of a currently approved collection. Burden: 2,250 hours annually. Number of Respondents: 4,500 responses per year. Avg. Hours per Response: The USPTO estimates that it will take the public approximately 30 minutes (0.5 hours) to read the instructions and subscriber agreement, gather the necessary information, prepare the Certificate Action Form, and submit the completed request. Needs and Uses: The USPTO uses Public Key Infrastructure (PKI) technology to support electronic commerce between the USPTO and its customers. In order to access secure online systems offered by the USPTO for transactions such as electronic filing of patent applications and retrieving confidential patent application information, customers must first obtain a digital certificate. The public uses this collection to request a new digital certificate, the revocation of a current E:\FR\FM\14FEN1.SGM 14FEN1

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[Federal Register Volume 77, Number 30 (Tuesday, February 14, 2012)]
[Notices]
[Pages 8219-8220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2953]


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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 Years 2008 and 2009

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

ACTION: Notice.

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

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 years (FY) 2008 
and 2009. The indirect cost rates for these fiscal years and dates of 
implementation are provided in this notice. More information on these 
rates and the ONMS policy can be obtained from the address provided 
below.

FOR FURTHER INFORMATION CONTACT: Lisa Symons, 301-713-7275; FAX: 301-
713-0404.

SUPPLEMENTARY INFORMATION: The mission of the ONMS with respect to 
Natural Resource Damage Assessment (NRDA) is to repair and 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.). ONMS consists of the following component 
organizations: thirteen national marine sanctuaries and 
Papahanaumokuakea Marine National

[[Page 8220]]

Monument within NOAA's National Ocean Service. The Natural Resources 
Section of the Office of NOAA General Counsel supports litigation for 
ONMS. ONMS conducts NRDAs as a basis for recovering damages from 
responsible parties and uses recovered funds to restore injured 
sanctuary resources.
    When addressing NRDA incidents, NOAA seeks to recover the costs of 
the damage assessment 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 
are typically associated with damage assessment cases. Indirect costs 
reflect the costs for activities that collectively support the ONMS's 
mission and operations in support of NRDA work, but not connected to 
specific cases. 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 
CERCLA, 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 recovery of indirect cost 
rates subject to its requirements.

The ONMS's 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's indirect 
cost rate system and structure from FY 2002 to present.
    C&C concluded that the cost accounting system and allocation 
practices of the ONMS and GCNR 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 and GCNR 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 ONMS and GCNR 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: Lisa Symons, 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 
2008 and 2009 indirect cost rates.

The ONMS's Indirect Cost Rates and Policies

    The ONMS will apply the indirect cost rates for FY 2008 and 2009 as 
recommended by C&C for each ONMS component as provided in the following 
table. The ONMS will apply the FY 2009 indirect rate to the Natural 
Resources Section as noted in the following table. Prior year indirect 
costs can be found in notices from the NOAA Office of Response and 
Restoration.

------------------------------------------------------------------------
                                                               FY 2008
                                                               indirect
                       ONMS component                            rate
                                                              (percent)
------------------------------------------------------------------------
ONMS Florida Keys National Marine Sanctuary (FKNMS)........       310.58
ONMS All sites, except FKNMS...............................       269.34
------------------------------------------------------------------------


------------------------------------------------------------------------
                                                               FY 2009
                                                               indirect
                       ONMS component                            rate
                                                              (percent)
------------------------------------------------------------------------
ONMS Florida Keys National Marine Sanctuary (FKNMS)........       397.63
ONMS All sites, except FKNMS...............................       336.50
Natural Resources Section, Office of General Counsel ONMS          74.01
 cases only................................................
------------------------------------------------------------------------

    The FY 2008 and 2009 rates identified in this policy will be 
applied to all damage assessment and restoration case costs incurred 
between October 1, 2008 and present, using the Direct Labor Cost base 
allocation methodology. For cases that have 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. 
The ONMS will use the FY 2009 rates for damage assessment and 
restoration case costs incurred from October 1, 2008 through future 
fiscal years until year-specific rates are developed.

    Dated: January 31, 2012.
Daniel Basta,
Director, Office of National Marine Sanctuaries.
[FR Doc. 2012-2953 Filed 2-13-12; 8:45 am]
BILLING CODE 3510-NK-M