Notice of Indirect Cost Rates for the Damage Assessment, Remediation, and Restoration Program for Fiscal Years 2016 and 2017, 55283-55284 [2019-22554]

Download as PDF Federal Register / Vol. 84, No. 200 / Wednesday, October 16, 2019 / Notices after each scheduled meeting. Written comments may be mailed to the Eastern Regional Office, U.S. Commission on Civil Rights, 1331 Pennsylvania Avenue, Suite 1150, Washington, DC 20425, faxed to (202) 376–7548, or emailed to Evelyn Bohor at ero@ usccr.gov. Persons who desire additional information may contact the Eastern Regional Office at (202) 376– 7533. Records and documents discussed during the meeting will be available for public viewing as they become available at https://www.facadatabase.gov/FACA/ FACAPublicViewCommitteeDetails?id= a10t0000001gzmXAAQ, click the ‘‘Meeting Details’’ and ‘‘Documents’’ links. Records generated from this meeting may also be inspected and reproduced at the Eastern Regional Office, as they become available, both before and after the meetings. Persons interested in the work of this advisory committee are advised to go to the Commission’s website, www.usccr.gov, or to contact the Eastern Regional Office at the above phone numbers, email or street address. Exceptional Circumstance: Pursuant to 41 CFR 102–3.150, the notice for this meeting is given less than 15 calendar days prior to the meeting because of the exceptional circumstances of the federal government shutdown. Agenda Wednesday, October 16, 2019 at 5:00 p.m. (EDT) • • • • • Rollcall Vote on Housing Statement Other Business Open Comment Adjourn Dated: October 9, 2019. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2019–22489 Filed 10–15–19; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration khammond on DSKJM1Z7X2PROD with NOTICES Notice of Indirect Cost Rates for the Damage Assessment, Remediation, and Restoration Program for Fiscal Years 2016 and 2017 National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of Indirect Cost Rates for the Damage Assessment, Remediation, and Restoration Program for Fiscal Years 2016 and 2017. AGENCY: VerDate Sep<11>2014 17:10 Oct 15, 2019 Jkt 250001 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) 2016 and 2017. The indirect cost rates for this fiscal year and date of implementation are provided in this notice. More information on these rates and the DARRP policy can be found at the DARRP website at www.darrp.noaa.gov. FOR FURTHER INFORMATION: For further information, contact LaTonya Burgess at 240–533–0428, by fax at 301–713–4389, or email 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.) and the Oil Pollution Act of 1990 (OPA) (33 U.S.C. 2701 et seq.), and to 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 Natural Resources Section (GCNRS). 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. SUMMARY: 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 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 55283 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). 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 ERT, Inc. (ERT), Freestone Environmental Services, Inc. (Freestone), and Genwest Systems, Inc. (Genwest) 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. ERT, Freestone, and Genwest provided onsite support to the DARRP in the areas of injury assessment, natural resource economics, restoration planning and implementation, and policy analysis. Subsequent federal notices have been published in the Federal Register as follows: • FY 2002, published on October 6, 2003 (68 FR 57672) • FY 2003, published on May 20, 2005 (70 FR 29280) • FY 2004, published on March 16, 2006 (71 Fed Reg. 13356) • FY 2005, published on February 9, 2007 (72 FR 6221) • FY 2006, published on June 3, 2008 (73 FR 31679) E:\FR\FM\16OCN1.SGM 16OCN1 55284 Federal Register / Vol. 84, No. 200 / Wednesday, October 16, 2019 / Notices • FY 2007 and FY 2008, published on November 16, 2009 (74 FR 58948) • FY 2009 and FY 2010, published on October 20, 2011 (76 FR 65182) • FY 2011, published on September 17, 2012 (77 FR 57074) • FY 2012, published on August 29, 2013 (78 FR 53425) • FY 2013, published on October 14, 2014 (79 FR 61617) • FY 2014, published on December 17, 2015 (80 FR 78718) • FY 2015, published on August 22, 2016 (81 FR 56580) Cotton’s reports on these indirect rates can be found on the DARRP website at www.darrp.noaa.gov. Empirical Concepts developed the DARRP indirect rates for FY 2016 and 2017. Empirical reaffirmed that the Direct Labor Cost Base is the most appropriate indirect allocation method for the development of the FY 2016 and 2017 indirect cost rates. The DARRP’s Indirect Cost Rates and Policies 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. David Westerholm, Director, Office of Response and Restoration. [FR Doc. 2019–22554 Filed 10–15–19; 8:45 am] BILLING CODE 3510–JE–P DEPARTMENT OF COMMERCE Office of the Under Secretary for Economic Affairs Performance Review Board Membership Office of the Under Secretary for Economic Affairs, Department of Commerce. ACTION: Notice. AGENCY: In accordance with 5 U.S.C. 4314(c)(4), the Office of the Under Secretary for Economic Affairs (OUS/ EA) announces the appointment of members who will serve on the OUS/EA Performance Review Board (PRB). The FY 2016 FY 2017 purpose of the PRB is to provide fair DARRP component Indirect Indirect and impartial review of senior executive organization rate rate service and senior professional (percent) (percent) performance ratings, bonus, and pay adjustment recommendations and Office of Response Presidential Rank Award nominations. and Restoration (ORR) .................... 133.62 137.45 The term of each PRB member will Restoration Center expire on December 31, 2021. (RC) ....................... 64.46 73.26 DATES: The effective date of service of General Counsel, appointees to the OUS/EA Performance Natural Resources Section (GCNRS) .. 62.67 77.30 Review Board is based upon publication of this notice. FOR FURTHER INFORMATION CONTACT: These rates are based on the Direct Labor Cost Base allocation methodology. Latasha Ellis, Program Manager, Executive Resources Office, Human The FY 2016 rates will be applied to Resources Division, Census Bureau, all damage assessment and restoration 4600 Silver Hill Road, Washington, DC case costs incurred between October 1, 20233, 301–763–3727. 2015 and September 30, 2016. The FY 2017 rates will be applied to all damage SUPPLEMENTARY INFORMATION: The assessment and restoration case costs names and position titles of the incurred between October 1, 2016 and members of the PRB are set forth below: September 30, 2017. DARRP will use John M. Abowd, Associate Director for the FY 2017 indirect cost rates for future Research and Methodology, Census Bureau fiscal years, beginning with FY 2018, Ali M. Ahmad, Associate Director for until subsequent year-specific rates can Communications, Census Bureau be developed. Mary E. Bohman, Deputy Director, Bureau of Economic Analysis (BEA) For cases that have settled and for Gregory Capella, Deputy Director, National cost claims paid prior to the effective Technical Information Service date of the fiscal year in question, the Paul Farello, Associate Director for DARRP will not re-open any resolved International Economics, BEA matters for the purpose of applying the Albert Fontenot, Jr., Associate Director for revised rates in this policy for these Decennial Census Programs, Census fiscal years. For cases not settled and Bureau cost claims not paid prior to the Thomas F. Howells III, Associate Director for effective date of the fiscal year in Industry Accounts, BEA khammond on DSKJM1Z7X2PROD with NOTICES The DARRP will apply the indirect cost rates for FY 2016 and 2017 as recommended by Empirical for each of the DARRP component organizations as provided in the following table: VerDate Sep<11>2014 17:10 Oct 15, 2019 Jkt 250001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Kathleen James, Chief Administrative Officer, BEA Ron Jarmin, Deputy Director, Census Bureau Enrique Lamas, Senior Advisor to the Deputy Director, Census Bureau Edith J. McCloud, Associate Director for Management, Minority Business Development Agency Timothy Olson, Associate Director for Field Operations, Census Bureau Nick Orsini, Associate Director for Economic Programs, Census Bureau Benjamin J. Page, Chief Financial Officer, Census Bureau Jeremy Pelter, Senior Advisor for Policy and Program Integration, Office of the Secretary (OS) Joel D. Platt, Associate Director for Regional Economics, BEA Joseph Semsar, Chief of Staff to the Deputy Secretary, OS Kevin Smith, Chief Information Officer, Census Bureau Erich Strassner, Associate Director for National Economic Accounts, BEA Victoria Velkoff, Associate Director for Demographic Programs, Census Bureau David R. Ziaya, Chief Administrative Officer, Census Bureau Ron S. Jarmin, Deputy Director, Census Bureau, Chair, OUS/ EA Performance Review Board. [FR Doc. 2019–22507 Filed 10–15–19; 8:45 am] BILLING CODE 3510–BS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Notice of Open Meeting of the Sensors and Instrumentation Technical Advisory Committee The Sensors and Instrumentation Technical Advisory Committee (SITAC) will meet on October 29, 2019, 9:30 a.m., in the Herbert C. Hoover Building, Room 6087B, 14th Street between Constitution and Pennsylvania Avenues NW, Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration on technical questions that affect the level of export controls applicable to sensors and instrumentation equipment and technology. Agenda Public Session: 1. Welcome and Introductions. 2. Remarks from the Bureau of Industry and Security Management. 3. Industry Presentations. 4. New Business. Closed Session: 5. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on E:\FR\FM\16OCN1.SGM 16OCN1

Agencies

[Federal Register Volume 84, Number 200 (Wednesday, October 16, 2019)]
[Notices]
[Pages 55283-55284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22554]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Indirect Cost Rates for the Damage Assessment, 
Remediation, and Restoration Program for Fiscal Years 2016 and 2017

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 2016 and 2017.

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

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) 2016 and 
2017. The indirect cost rates for this fiscal year and date of 
implementation are provided in this notice. More information on these 
rates and the DARRP policy can be found at the DARRP website at 
www.darrp.noaa.gov.

FOR FURTHER INFORMATION: For further information, contact LaTonya 
Burgess at 240-533-0428, by fax at 301-713-4389, or email at 
[email protected].

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.) and the Oil Pollution 
Act of 1990 (OPA) (33 U.S.C. 2701 et seq.), and to 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 Natural Resources Section (GCNRS). 
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 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).
    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 ERT, Inc. (ERT), 
Freestone Environmental Services, Inc. (Freestone), and Genwest 
Systems, Inc. (Genwest) 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. ERT, Freestone, and 
Genwest provided on-site support to the DARRP in the areas of injury 
assessment, natural resource economics, restoration planning and 
implementation, and policy analysis. Subsequent federal notices have 
been published in the Federal Register as follows:

 FY 2002, published on October 6, 2003 (68 FR 57672)
 FY 2003, published on May 20, 2005 (70 FR 29280)
 FY 2004, published on March 16, 2006 (71 Fed Reg. 13356)
 FY 2005, published on February 9, 2007 (72 FR 6221)
 FY 2006, published on June 3, 2008 (73 FR 31679)

[[Page 55284]]

 FY 2007 and FY 2008, published on November 16, 2009 (74 FR 
58948)
 FY 2009 and FY 2010, published on October 20, 2011 (76 FR 
65182)
 FY 2011, published on September 17, 2012 (77 FR 57074)
 FY 2012, published on August 29, 2013 (78 FR 53425)
 FY 2013, published on October 14, 2014 (79 FR 61617)
 FY 2014, published on December 17, 2015 (80 FR 78718)
 FY 2015, published on August 22, 2016 (81 FR 56580)

Cotton's reports on these indirect rates can be found on the DARRP 
website at www.darrp.noaa.gov.
    Empirical Concepts developed the DARRP indirect rates for FY 2016 
and 2017. Empirical reaffirmed that the Direct Labor Cost Base is the 
most appropriate indirect allocation method for the development of the 
FY 2016 and 2017 indirect cost rates.

The DARRP's Indirect Cost Rates and Policies

    The DARRP will apply the indirect cost rates for FY 2016 and 2017 
as recommended by Empirical for each of the DARRP component 
organizations as provided in the following table:

------------------------------------------------------------------------
                                                     FY 2016    FY 2017
                                                     Indirect   Indirect
           DARRP component organization                rate       rate
                                                    (percent)  (percent)
------------------------------------------------------------------------
Office of Response and Restoration (ORR)..........     133.62     137.45
Restoration Center (RC)...........................      64.46      73.26
General Counsel, Natural Resources Section (GCNRS)      62.67      77.30
------------------------------------------------------------------------

    These rates are based on the Direct Labor Cost Base allocation 
methodology.
    The FY 2016 rates will be applied to all damage assessment and 
restoration case costs incurred between October 1, 2015 and September 
30, 2016. The FY 2017 rates will be applied to all damage assessment 
and restoration case costs incurred between October 1, 2016 and 
September 30, 2017. DARRP will use the FY 2017 indirect cost rates for 
future fiscal years, beginning with FY 2018, 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.

David Westerholm,
Director, Office of Response and Restoration.
[FR Doc. 2019-22554 Filed 10-15-19; 8:45 am]
 BILLING CODE 3510-JE-P