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33980 Federal Register / Vol. 72, No.

118 / Wednesday, June 20, 2007 / Notices

The NMSP’s Indirect Cost Rates and are provided in this notice. More formulate policies on the recovery of
Policies information on these rates and the indirect cost rates subject to its
The NMSP will apply the indirect NMSP policy can be obtained from the requirements.
cost rates for FY 2004 as recommended address provided below.
The NMSP’s Indirect Cost Effort
by C&C for each of the NMSP FOR FURTHER INFORMATION CONTACT:
component organizations as provided in Harriet Sopher, 301–713–3125, ext. 271; In October 2002, the NMSP hired the
the following table: (FAX: 301–713–0404; e-mail: public accounting firm Cotton &
Harriet.Sopher@noaa.gov. Company (C&C) to: (1) Evaluate the cost
FY 2004 SUPPLEMENTARY INFORMATION: The
accounting system and allocation
NMSP component organization indirect rate
mission of the NMSP with respect to practices; (2) recommend the
(percent) appropriate indirect cost allocation
Natural Resource Damage Assessment is
to restore injuries to sanctuary resources methodology; and, (3) determine the
National Marine Sanctuary.
Program (NMSP) ...................... 125.40 caused by releases of hazardous indirect cost rates for the organizations
NMSP Florida Keys National. substances or oil under the that comprise the NMSP.
Marine Sanctuary (FKNMS) ..... 198.37 Comprehensive Environmental The NMSP requested an analysis of its
Response, Compensation, and Liability indirect costs for fiscal year 2002. The
The FY 2004 rates identified in this Act (CERCLA) (42 U.S.C., 9601 et seq.) goal was to develop the most
policy will be applied to all damage or the Oil Pollution Act of 1990 (OPA) appropriate indirect cost rate allocation
assessment and restoration case costs (33 U.S.C., 2701 et seq.), or physical methodology and rates for the NMSP
incurred between October 1, 2003 and injuries under the National Marine component organizations. C&C has
September 30, 2004, using the Direct Sanctuaries Act (NMSA) (16 U.S.C., continued its assessment of the NMSP’s
Labor Cost base allocation methodology. 1431 et seq.). The NOAA NMSP consists indirect cost rate system and structure
For cases that have settled and for costs of the following component from FY 2002 to present.
claims paid prior to the effective date of C&C concluded that the cost
organizations: Thirteen Marine
the fiscal year in question, the NMSP accounting system and allocation
Sanctuaries and one National
will not re-open any resolved matters practices of the NMSP component
Monument within NOAA’s National
for the purpose of applying the rates in organizations are consistent with
Ocean Service. The NMSP conducts
this policy. For cases not settled and Federal accounting requirements. C&C
Natural Resource Damage Assessments
cost claims not paid prior to the also determined that the most
(NRDAs) as a basis for recovering
effective date of the fiscal year in appropriate indirect allocation method
damages from responsible parties and
question, costs will be recalculated was the Direct Labor Cost Basefor all
uses the funds recovered to restore
using the rates in this policy. The NMSP NMSP component organizations. The
injured sanctuary resources.
will use the FY 2004 rates for future When addressing NRDA incidents, Direct Labor Cost Base is computed by
fiscal years until year-specific rates can the costs of the damage assessment are allocating total indirect costs over the
be developed. recoverable from responsible parties sum of direct labor dollars plus the
Dated: June 11, 2007 who are potentially liable for an application of NOAA’s leave surcharge
Daniel J. Basta, incident. Costs include direct and and benefits rates to direct labor. The
Director, National Marine Sanctuary Program. indirect costs. Direct costs are costs for indirect cost rates that C&C has
[FR Doc. 07–3018 Filed 6–19–07; 8:45 am] activities that are clearly and readily computed to the NMSP component
attributable to a specific output. In the organizations were further assessed as
BILLING CODE 3510–NK–M
context of the NMSP, outputs may be being fair and equitable. A report on
associated with damage assessment C&C’s effort, their assessment of the
DEPARTMENT OF COMMERCE cases, or may be represented by other NMSP’s cost accounting system and
program products such as damage practice, and their determination
National Oceanic and Atmospheric assessment regulations. In contrast, respecting the most appropriate indirect
Administration indirect costs reflect the costs for cost methodology and rates can be
activities that collectively support the obtained from: Harriet Sopher, NMSP
Notice of Indirect Cost Rates for the NMSP’s mission and operations. For 1305 East West Highway, Silver Spring,
National Marine Sanctuary Program for example, indirect costs include general MD 20910.
Fiscal Year 2003 administrative support and traditional C&C reaffirmed that the Direct Labor
AGENCY: National Oceanic and overheads. Although these costs may Cost Base remained the most
Atmospheric Administration (NOAA), not be readily traced back to a specific appropriate indirect allocation method
Commerce. direct activity, indirect costs may be for the development of the FY 2003
ACTION: Notice of indirect cost rates for allocated to direct activities using an indirect cost rates.
the National Marine Sanctuary Program indirect cost distribution rate. The NMSP’s Indirect Cost Rates and
for fiscal year 2003. Consistent with standard Federal Policies
accounting requirements, the NMSP is
SUMMARY: The National Oceanic and required to account for and report the The NMSP will apply the indirect
Atmospheric Administration’s full costs of its programs and activities. cost rates for FY 2003 as recommended
(NOAA’s) National Marine Sanctuary Further, the NMSP is authorized by law by C&C for each of the NMSP
Program (NMSP) is announcing the to recover reasonable costs of damage component organizations as provided in
establishment of new indirect cost rates assessment and restoration activities the following table:
on the recovery of indirect costs for its under CERCLA, OPA, and the NMSA.
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component organizations involved in Within the constraints of these legal FY 2003


NMSP component indirect rate
natural resource damage assessment and provisions and their regulatory organization (percent)
restoration activities for fiscal year (FY) applications, the NMSP has the
2003. The indirect cost rates for this discretion to develop indirect cost rates National Marine Sanctuary
fiscal year and dates of implementation for its component organizations and Program (NMSP) ............ 187.67

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Federal Register / Vol. 72, No. 118 / Wednesday, June 20, 2007 / Notices 33981

FY 2003 Southwest Region, NMFS, 501 West determination has been made that the
NMSP component
organization Ocean Blvd., Suite 4200, Long Beach,
indirect rate activity proposed is categorically
(percent)
CA 90802–4213; phone (562)980–4001; excluded from the requirement to
fax (562)980–4018. prepare an environmental assessment or
NMSP Florida Keys Na-
Written comments or requests for a environmental impact statement.
tional Marine Sanctuary
(FKNMS) ......................... 339.05 public hearing on this request should be Concurrent with the publication of
submitted to the Chief, Permits, this notice in the Federal Register,
The FY 2003 rates identified in this Conservation and Education Division, NMFS is forwarding copies of this
policy will be applied to all damage F/PR1, Office of Protected Resources, application to the Marine Mammal
assessment and restoration case costs NMFS, 1315 East-West Highway, Room Commission and its Committee of
incurred between October 1, 2002 and 13705, Silver Spring, MD 20910. Those Scientific Advisors.
September 30, 2003, using the Direct individuals requesting a hearing should Dated: June 13, 2007.
Labor Cost Base allocation methodology. set forth the specific reasons why a P. Michael Payne,
For cases that have settled and for costs hearing on this particular amendment
Chief, Permits, Conservation and Education
claims paid prior to the effective date of request would be appropriate. Division, Office of Protected Resources,
the fiscal year in question, the NMSP Comments may also be submitted by National Marine Fisheries Service.
will not re-open any resolved matters facsimile at (301)427–2521, provided
[FR Doc. E7–11956 Filed 6–19–07; 8:45 am]
for the purpose of applying the rates in the facsimile is confirmed by hard copy
BILLING CODE 3510–22–S
this policy. For cases not settled and submitted by mail and postmarked no
cost claims not paid prior to the later than the closing date of the
effective date of the fiscal year in comment period. DEPARTMENT OF COMMERCE
question, costs may be recalculated Comments may also be submitted by
using the rates in this policy. The NMSP e-mail. The mailbox address for Patent and Trademark Office
will use the FY 2003 rates for future providing e-mail comments is
NMFS.Pr1Comments@noaa.gov. Include [Docket No. PTO–C–2007–0023]
fiscal years until year-specific rates can
be developed. in the subject line of the e-mail
Public Advisory Committees
comment the following document
Dated: June 11, 2007.
identifier: File No. 1034–1685–02. AGENCY: United States Patent and
Daniel J. Basta,
FOR FURTHER INFORMATION CONTACT: Trademark Office, DOC.
Director, National Marine Sanctuary Program.
Amy Sloan or Jaclyn Daly, (301)713– ACTION: Notice and request for
[FR Doc. 07–3019 Filed 6–19–07; 8:45 am] 2289. nominations.
BILLING CODE 3510–NK–M
SUPPLEMENTARY INFORMATION: The SUMMARY: On November 29, 1999, the
subject amendment to Permit No. 1034– President signed into law the Patent and
DEPARTMENT OF COMMERCE 1685–01, issued on November 11, 2004 Trademark Office Efficiency Act (the
(69 FR 69585), is requested under the ‘‘Act’’), Pub. L. 106–113, Appendix I,
National Oceanic and Atmospheric authority of the Marine Mammal Title IV, Subtitle G, 113 Stat.1501A–
Administration Protection Act of 1972, as amended (16 572, which, among other things,
RIN 0648–XA88
U.S.C. 1361 et seq.) and the regulations established two Public Advisory
governing the taking and importing of Committees to review the policies,
Marine Mammals; File No.1034–1685 marine mammals (50 CFR part 216). goals, performance, budget and user fees
Permit No. 1034–1685–01 authorizes of the United States Patent and
AGENCY: National Marine Fisheries the permit holder to surgically implant
Service (NMFS), National Oceanic and Trademark Office (USPTO) with respect
dual satellite-linked life history to patents, in the case of the Patent
Atmospheric Administration (NOAA), transmitters; attach external satellite
Commerce. Public Advisory Committee, and with
tags; collect blood, blubber, and fecal respect to trademarks, in the case of the
ACTION: Notice; receipt of application for samples; and conduct bioelectrical Trademark Public Advisory Committee,
amendment. impedance analysis, deuterium dilution and to advise the Director on these
determinations, and blubber ultrasound matters. The USPTO is requesting
SUMMARY: Notice is hereby given that Dr.
measurements on California sea lions nominations for three (3) members to
Markus Horning, Marine Mammal
(Zalophus californianus) at The Marine each Public Advisory Committee for
Institute, Oregon State University, 2030
Mammal Center. The permit also terms of three years that begin from date
SE Marine Science Drive, Newport, OR
authorizes anesthesia and of appointment.
97365, has requested an amendment to
adrenocorticotropic hormone (ACTH)
scientific research Permit No. 1034– DATES: Nominations must be
injections to measure adrenal stress
1685–01 for research on marine postmarked or electronically
levels in up to 6 California sea lions.
mammals. transmitted on or beforeSeptember 1,
Stress levels are measured through
DATES: Written, telefaxed, or e-mail blood and fecal analysis. 2007.
comments must be received on or before The permit holder requests ADDRESSES: Persons wishing to submit
July 20, 2007. authorization to increase the number of nominations should send the nominee’s
ADDRESSES: The amendment request California sea lions that receive ACTH resumé to Chief of Staff, Office of the
and related documents are available for injections to 12 animals, and inject 6 Under Secretary of Commerce for
review upon written request or by animals with a sterile saline solution as Intellectual Property and Director of the
appointment in the following office(s): a control group. The permit holder also USPTO, Post Office Box 1450,
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Permits, Conservation and Education requests the addition of a co-investigator Alexandria, Virginia 22313–1450; by
Division, Office of Protected Resources, to the study. electronic mail to:
NMFS, 1315 East-West Highway, Room In compliance with the National PPACnominations@uspto.gov for the
13705, Silver Spring, MD 20910; phone Environmental Policy Act of 1969 (42 Patent Public Advisory Committee or
(301)713–2289; fax (301)427–2521; and U.S.C. 4321 et seq.), an initial TPACnominations@uspto.gov for the

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