Notice of Indirect Cost Rates, 67691-67692 [2021-25919]

Download as PDF Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Notices Commerce intends to disclose the calculations performed for Oman Fasteners in these final results to interested parties within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). appropriate entries without regard to antidumping duties.7 In accordance with Commerce’s ‘‘automatic assessment’’ practice, for entries of subject merchandise that entered the United States during the POR that were produced by Oman Fasteners for which the respondent did not know that its merchandise was destined to the United States, Commerce will instruct CBP to liquidate unreviewed entries at the all-others rate of 9.10 percent,8 if there is no rate for the intermediate company(ies) involved in the transaction.9 Assessment Cash Deposit Requirements Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this administrative review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Where the respondent reported reliable entered values, Commerce calculated importer- (or customer-) specific ad valorem rates by aggregating the dumping margins calculated for all U.S. sales to each importer (or customer) and dividing this amount by the total entered value of the sales to each importer (or customer).4 Where Commerce calculated a weightedaverage dumping margin by dividing the total amount of dumping for reviewed sales to that party by the total sales quantity associated with those transactions, Commerce will direct CBP to assess importer- (or customer-) specific assessment rates based on the resulting per-unit rates.5 Where an importer- (or customer-) specific ad valorem or per-unit rate is greater than de minimis (i.e., 0.50 percent), Commerce will instruct CBP to collect the appropriate duties at the time of liquidation.6 Where an importer- (or customer-) specific ad valorem or perunit rate is zero or de minimis, Commerce will instruct CBP to liquidate The following cash deposit requirements will be effective upon publication of the notice of the final results of this administrative review for all shipments of steel nails from Oman entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results in the Federal Register, as provided by section 751(a)(2)(C) of the Act: (1) For the companies covered by this review, the cash deposit rate will be the rates listed above in the section ‘‘Final Results of Review’’; (2) for merchandise exported by producers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published in a completed segment for the most recent period of review; (3) if the exporter is not a firm covered in this review or in the original investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 9.10 percent, the all-others rate established in the investigation.10 These cash deposit requirements, when imposed, shall remain in effect until further notice. Manufacturer/exporter Weightedaverage margin (percent) Oman Fasteners LLC ................. 1.65 khammond on DSKJM1Z7X2PROD with NOTICES Disclosure 4 See 19 CFR 351.212(b)(1). 5 Id. 6 Id. VerDate Sep<11>2014 16:55 Nov 26, 2021 Jkt 256001 19 CFR 351.106(c)(2). Certain Steel Nails from the Sultanate of Oman: Final Determination of Sales at Less Than Fair Value, 80 FR 28972 (May 20, 2015) (Investigation Final Determination). 9 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 10 See Investigation Final Determination. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties Commerce is issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: November 22, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Determining the Appropriate Basis for Constructed Value (CV) Financial Ratios Comment 2: Whether to Revise the CV Profit Ratio Comment 3: Whether to Revise the CV Indirect Selling Expense (ISE) Ratio Comment 4: Whether the Applied Averageto-Transaction Method is Flawed VI. Recommendation BILLING CODE 3510–DS–P 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 of antidumping duties prior to liquidation of the relevant entries 8 See during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. [FR Doc. 2021–25933 Filed 11–26–21; 8:45 am] Notification to Importers 7 See 67691 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Notice of Indirect Cost Rates Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of indirect cost rates for the Office of National Marine AGENCY: E:\FR\FM\29NON1.SGM 29NON1 67692 Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Notices Sanctuaries Natural Resource Damage Assessments for fiscal year 2014. The National Oceanic and Atmospheric Administration’s (NOAA’s) Office of National Marine Sanctuaries (ONMS) announces the establishment of new indirect cost rates for the recovery of indirect costs for its component organizations involved in natural resource damage and restoration activities for fiscal year (FY) 2014. NOAA provides the indirect cost rates for this fiscal year and the dates of implementation in this notice. The public can obtain more information on this rate from the address provided below in the ADDRESSES section. DATES: This notice is effective on November 29, 2021. ADDRESSES: Vicki Wedell, phone 240– 676–3805; email Vicki.Wedell@ noaa.gov; or 1305 East-West Highway, N/NMS, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: Vicki Wedell, phone 240–676–3805; email Vicki.Wedell@noaa.gov. SUPPLEMENTARY INFORMATION: The Natural Resource Damage Assessment (NRDA) mission of ONMS is to restore injuries to sanctuary resources caused by the release 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 Action of 1990 (OPA; 33 U.S.C., 2701 et seq.), or physical injuries under the National Marine SUMMARY: Sanctuaries Act (NMSA) (16 U.S.C. 1431 et seq.). ONMS conducts NRDAs 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 individuals and organizations who are potentially liable for an incident. Total costs include both direct and indirect costs. Direct costs are costs for activities that are clearly and readily attributable to a specific case or other program products. In contrast, indirect costs reflect the costs for activities that collectively support ONMS’ mission and operations. For example, indirect costs include general administrative support overheads. Although indirect 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, ONMS is required to account for and report the full costs of its programs and activities. Further, 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 laws, ONMS has the discretion to develop indirect cost rates subject to its requirements. ONMS’s Indirect Cost Effort NOAA contracted Empirical Concepts Incorporated (Empirical), who subcontracted with the public accounting firm Cotton and Company LLP 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 ONMS. Empirical concluded that the cost accounting system and allocation practices of ONMS component organizations are consistent with Federal accounting requirements. Empirical 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. Empirical further assessed that the indirect cost rates for the ONMS component organizations were fair and equitable. A report on Empirical’s assessment and their determination can be obtained from the person identified in FOR FURTHER INFORMATION CONTACT. ONMS Indirect Cost Rate and Policies ONMS will apply the indirect cost rate for FY2014 as recommended by Empirical for each of the ONMS component organizations as provided in the following table: Fiscal year 2014 indirect rate (percent) ONMS component organization khammond on DSKJM1Z7X2PROD with NOTICES Office of National Marine Sanctuaries (except for Florida Keys National Marine Sanctuary) .................................................... Florida Keys National Marine Sanctuary ..................................................................................................................................... The ONMS indirect rates increased from the FY2010 rates of 67.95 percent for all ONMS sites (except Florida Keys National Marine Sanctuary (FKNMS)) and 82.35 percent for FKNMS because ONMS had less direct case work and more indirect work during FY2014. The indirect rates are inversely proportional to direct costs. ONMS will apply the FY2014 rates identified in this notice to all damage assessment and restoration case costs incurred from October 1, 2014 until present, using the Direct Labor Cost base allocation methodology. For cases that have settled and for cost claims paid prior to the effective date of the fiscal year in question, ONMS will not reopen any resolved matters for the purpose of applying the rates in this VerDate Sep<11>2014 16:55 Nov 26, 2021 Jkt 256001 notice. For cases not settled and cost claims not paid prior to the effective date of the fiscal year in question, ONMS will calculate costs using the rates in this notice. ONMS will use the FY2014 rates for future fiscal years until year-specific rates are developed. John Armor, Director, Office of National Marine Sanctuaries, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. 2021–25919 Filed 11–26–21; 8:45 am] BILLING CODE 3510–NK–P PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 144.22 188.11 DEPARTMENT OF COMMERCE Patent and Trademark Office Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Representative and Address Provisions The United States Patent and Trademark Office (USPTO) will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. The USPTO invites comment on this information collection renewal, which E:\FR\FM\29NON1.SGM 29NON1

Agencies

[Federal Register Volume 86, Number 226 (Monday, November 29, 2021)]
[Notices]
[Pages 67691-67692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25919]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Indirect Cost Rates

AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean 
Service (NOS), National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce (DOC).

ACTION: Notice of indirect cost rates for the Office of National Marine

[[Page 67692]]

Sanctuaries Natural Resource Damage Assessments for fiscal year 2014.

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

SUMMARY: The National Oceanic and Atmospheric Administration's (NOAA's) 
Office of National Marine Sanctuaries (ONMS) announces the 
establishment of new indirect cost rates for the recovery of indirect 
costs for its component organizations involved in natural resource 
damage and restoration activities for fiscal year (FY) 2014. NOAA 
provides the indirect cost rates for this fiscal year and the dates of 
implementation in this notice. The public can obtain more information 
on this rate from the address provided below in the ADDRESSES section.

DATES: This notice is effective on November 29, 2021.

ADDRESSES: Vicki Wedell, phone 240-676-3805; email 
[email protected]; or 1305 East-West Highway, N/NMS, Silver Spring, 
MD 20910.

FOR FURTHER INFORMATION CONTACT: Vicki Wedell, phone 240-676-3805; 
email [email protected].

SUPPLEMENTARY INFORMATION:
    The Natural Resource Damage Assessment (NRDA) mission of ONMS is to 
restore injuries to sanctuary resources caused by the release 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 Action 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 conducts NRDAs 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 individuals and organizations who are potentially 
liable for an incident. Total costs include both direct and indirect 
costs. Direct costs are costs for activities that are clearly and 
readily attributable to a specific case or other program products. In 
contrast, indirect costs reflect the costs for activities that 
collectively support ONMS' mission and operations. For example, 
indirect costs include general administrative support overheads. 
Although indirect 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, ONMS is 
required to account for and report the full costs of its programs and 
activities. Further, 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 laws, ONMS has the 
discretion to develop indirect cost rates subject to its requirements.

ONMS's Indirect Cost Effort

    NOAA contracted Empirical Concepts Incorporated (Empirical), who 
subcontracted with the public accounting firm Cotton and Company LLP 
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 ONMS.
    Empirical concluded that the cost accounting system and allocation 
practices of ONMS component organizations are consistent with Federal 
accounting requirements. Empirical 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. Empirical further assessed that the 
indirect cost rates for the ONMS component organizations were fair and 
equitable. A report on Empirical's assessment and their determination 
can be obtained from the person identified in FOR FURTHER INFORMATION 
CONTACT.

ONMS Indirect Cost Rate and Policies

    ONMS will apply the indirect cost rate for FY2014 as recommended by 
Empirical for each of the ONMS component organizations as provided in 
the following table:

------------------------------------------------------------------------
                                                       Fiscal year 2014
             ONMS component organization                 indirect rate
                                                           (percent)
------------------------------------------------------------------------
Office of National Marine Sanctuaries (except for                 144.22
 Florida Keys National Marine Sanctuary)............
Florida Keys National Marine Sanctuary..............              188.11
------------------------------------------------------------------------

    The ONMS indirect rates increased from the FY2010 rates of 67.95 
percent for all ONMS sites (except Florida Keys National Marine 
Sanctuary (FKNMS)) and 82.35 percent for FKNMS because ONMS had less 
direct case work and more indirect work during FY2014. The indirect 
rates are inversely proportional to direct costs.
    ONMS will apply the FY2014 rates identified in this notice to all 
damage assessment and restoration case costs incurred from October 1, 
2014 until present, using the Direct Labor Cost base allocation 
methodology. For cases that have settled and for cost claims paid prior 
to the effective date of the fiscal year in question, ONMS will not re-
open any resolved matters for the purpose of applying the rates in this 
notice. For cases not settled and cost claims not paid prior to the 
effective date of the fiscal year in question, ONMS will calculate 
costs using the rates in this notice. ONMS will use the FY2014 rates 
for future fiscal years until year-specific rates are developed.

John Armor,
Director, Office of National Marine Sanctuaries, National Ocean 
Service, National Oceanic and Atmospheric Administration.
[FR Doc. 2021-25919 Filed 11-26-21; 8:45 am]
BILLING CODE 3510-NK-P