Federal Register / Vol. 78, No. 233 / Wednesday, December 4, 2013 / Notices 72929 

meeting. Additional information, 

including a map of the project site, is 

available by contacting the person listed 

in the FOR FURTHER INFORMATION

CONTACT section of this notice. 

Public Comment Availability: 

Comments, including names and 

addresses of respondents, will be 

available for public review at the BIA 

address shown in the ADDRESSES

section, during regular business hours, 8 

a.m. to 4:30 p.m., Monday through 

Friday, except holidays. Before 

including your address, telephone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask in your comment that 

your personal identifying information 

be withheld from public review, the BIA 

cannot guarantee that this will occur. 

Authority: This notice is published in 

accordance with sections 1503.1 and 1506.6 

of the Council on Environmental Quality 

Regulations (40 CFR Parts 1500 through 

1508) implementing the procedural 

requirements of the National Environmental 

Policy Act of 1969, as amended (42 U.S.C. 

4321–4345 et seq.), and the Department of 

the Interior National Environmental Policy 

Act Implementation Policy (43 CFR part 46), 

and is in the exercise of authority delegated 

to the Assistant Secretary—Indian Affairs by 

209 DM 8. 

Dated: November 26, 2013. 

Kevin K. Washburn, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2013–29009 Filed 12–3–13; 8:45 am] 

BILLING CODE 4310–W7–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

[MMAA 104000] 

Notice of Availability of the Proposed 

Notice of Sale (NOS) for Eastern Gulf 

of Mexico Planning Area (EPA) Outer 

Continental Shelf (OCS) Oil and Gas 

Lease Sale 225 (EPA Sale 225) 

AGENCY: Bureau of Ocean Energy 

Management (BOEM), Interior. 

ACTION: Notice of Availability of the 

Proposed Notice of EPA Sale 225. 

SUMMARY: BOEM announces the 

availability of the Proposed NOS for 

proposed EPA Sale 225. This Notice is 

published pursuant to 30 CFR 556.29(c) 

as a matter of information to the public. 

With regard to oil and gas leasing on the 

OCS, the Secretary of the Interior, 

pursuant to section 19 of the OCS Lands 

Act, provides affected States the 

opportunity to review the Proposed 

NOS. The Proposed NOS sets forth the 

proposed terms and conditions of the 

sale, including minimum bids, royalty 

rates, and rental rates. 

DATES: Affected States may comment on 

the size, timing, and location of 

proposed EPA Sale 225 within 60 days 

following their receipt of the Proposed 

NOS. The Final NOS will be published 

in the Federal Register at least 30 days 

prior to the date of bid opening. Bid 

opening currently is scheduled for 

March 19, 2014. 

SUPPLEMENTARY INFORMATION: The 

Proposed NOS for EPA Sale 225 and a 

‘‘Proposed Notice of Sale Package’’ 

containing information essential to 

potential bidders may be obtained from 

the Public Information Unit, Gulf of 

Mexico Region, Bureau of Ocean Energy 

Management, 1201 Elmwood Park 

Boulevard, New Orleans, Louisiana 

70123–2394. Telephone: (504) 736– 

2519. 

Agency Contact: Julie Conklin, Sale 

Coordination Branch Chief, 

Julie.Conklin@boem.gov. 

Dated: November 15, 2013. 

Tommy P. Beaudreau, 

Director, Bureau of Ocean Energy 

Management. 

[FR Doc. 2013–28934 Filed 12–3–13; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF JUSTICE 

Parole Commission 

Sunshine Act Meeting 

TIME AND DATE: 12:00 p.m., Tuesday, 

December 10, 2013. 

PLACE: U.S. Parole Commission, 90 K 

Street NE., 3rd Floor, Washington, DC. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: 

Determination on four original 

jurisdiction cases. 

CONTACT PERSON FOR MORE INFORMATION: 

Patricia W. Moore, Staff Assistant to the 

Chairman, U.S. Parole Commission, 90 

K Street NE., 3rd Floor, Washington, DC 

20530, (202) 346–7001. 

Dated: December 2, 2013. 

J. Patricia W. Smoot, 

Acting General Counsel, U.S. Parole 

Commission. 

[FR Doc. 2013–29064 Filed 12–2–13; 4:15 pm] 

BILLING CODE 4410–31–P 

DEPARTMENT OF JUSTICE 

Parole Commission 

Sunshine Act Meeting 

TIME AND DATE: 10:00 a.m., Tuesday, 

December 10, 2013. 

PLACE: U.S. Parole Commission, 90 K 

Street NE., 3rd Floor, Washington, DC. 

STATUS: Open. 

MATTERS TO BE CONSIDERED: Approval of 

August 8, 2013 minutes; reports from 

the Chairman, the Commissioners, and 

senior staff; Short Intervention For 

Success Program; Proposed Rulemaking 

Revising Conditions of Release update. 

CONTACT PERSON FOR MORE INFORMATION: 

Patricia W. Moore, Staff Assistant to the 

Chairman, U.S. Parole Commission, 90 

K Street NE., 3rd Floor, Washington, DC 

20530, (202) 346–7001. 

Dated: December 2, 2013. 

J. Patricia W. Smoot, 

Acting General Counsel, U.S. Parole 

Commission. 

[FR Doc. 2013–29063 Filed 12–2–13; 4:15 pm] 

BILLING CODE 4410–31–P 

DEPARTMENT OF LABOR 

Labor Advisory Committee for Trade 

Negotiations and Trade Policy 

AGENCY: Office of the Secretary, Bureau 

of International Labor Affairs, 

Department of Labor. 

ACTION: Meeting notice. 

SUMMARY: Notice is hereby given of a 

meeting of the Labor Advisory 

Committee for Trade Negotiation and 

Trade Policy. Date, Time, Place: 

December 16, 2013; 11:00 a.m. to 1:00 

p.m.; U.S. Department of Labor, 

Secretary’s Conference Room, 200 

Constitution Ave. NW., Washington, 

DC. 

Purpose: The meeting will include a 

review and discussion of current issues 

which influence U.S. trade policy. 

Potential U.S. negotiating objectives and 

bargaining positions in current and 

anticipated trade negotiations will be 

discussed. Pursuant to 19 U.S.C. 

2155(f)(2)(A), it has been determined 

that the meeting will be concerned with 

matters the disclosure of which would 

seriously compromise the Government’s 

negotiating objectives or bargaining 

positions. Therefore, the meeting is 

exempt from the requirements of 

subsections (a) and (b) of sections 10 

and 11 of the Federal Advisory 

Committee Act (relating to open 

meetings, public notice, public 

participation, and public availability of 


EMCDONALD on DSK67QTVN1PROD with NOTICES
72930 Federal Register / Vol. 78, No. 233 / Wednesday, December 4, 2013 / Notices 

documents). 5 U.S.C. App. Accordingly, 

the meeting will be closed to the public. 

FOR FURTHER INFORMATION CONTACT: 

Anne M. Zollner, Chief, Trade Policy 

and Negotiations Division; Phone: (202) 

693–4890. 

Signed at Washington, DC, the 26 day of 

November, 2013. 

Carol Pier, 

Acting Deputy Under Secretary, International 

Affairs. 

[FR Doc. 2013–29019 Filed 12–3–13; 8:45 am] 

BILLING CODE 4510–28–P 

OFFICE OF MANAGEMENT AND 

BUDGET 

Office of Federal Procurement Policy 

Determination of Benchmark 

Compensation Amount for Certain 

Executives and Employees 

AGENCY: Office of Federal Procurement 

Policy, Office of Management and 

Budget. 

ACTION: Notice. 

SUMMARY: The Office of Management 

and Budget is publishing the attached 

memorandum to the Heads of Executive 

Departments and Agencies announcing 

that $952,308 is the ‘‘benchmark 

compensation amount’’ for certain 

executives and employees in terms of 

costs allowable under Federal 

Government contracts during 

contractors’ fiscal year 2012. This 

determination is required under Section 

39 of the Office of Federal Procurement 

Policy Act, as amended (41 U.S.C. 

1127). The benchmark compensation 

amount applies to both defense and 

civilian agencies. 

FOR FURTHER INFORMATION CONTACT: 

Raymond Wong, Office of Federal 

Procurement Policy, at 202–395–6805. 

Joseph G. Jordan, 

Administrator, Office of Federal Procurement 

Policy. 

Memorandum for the Heads of 

Executive Departments and Agencies 

FROM: Joseph G. Jordan, Administrator, 

Office of Federal Procurement Policy 

SUBJECT: Determination of Benchmark 

Compensation Amount for Certain 

Executives and Employees, Pursuant 

to Section 39 of the Office of Federal 

Procurement Policy Act, as amended 

(41 U.S.C. § 1127) 

This memorandum sets forth the 

benchmark compensation amount for 

employees of Federal Government 

contractors as required by Section 39 of 

the Office of Federal Procurement 

Policy (OFPP) Act, as amended (41 

U.S.C. § 1127) for the purposes of 

section 4304(a)(16) of title 41 and 

section 2324(e)(1)(P) of title 10. The 

statutory benchmark amount (the ‘‘cap’’) 

limits the allowability of compensation 

costs under Federal Government 

contracts as implemented at Federal 

Acquisition Regulation (FAR) 31.205– 

6(p). In less technical terms, the statute 

places a cap on the total annual 

compensation amount the Federal 

Government will reimburse a contractor 

for the compensation the contractor 

provides to each of its employees for 

work done pursuant to certain Federal 

Government contracts. This cap applies 

to the compensation of certain 

contractor senior executives on 

contracts with civilian agencies (i.e., 

agencies other than the Department of 

Defense (DOD), the National 

Aeronautics and Space Administration 

(NASA), and the United States Coast 

Guard), and the compensation of all 

contractor employees on contracts with 

defense agencies (i.e., DOD, NASA and 

Coast Guard), when the contractor is 

performing contracts that are of either a 

cost-reimbursable nature or other costbased nature. It should be noted that, 

while the statute places a cap on the 

amount that the Federal Government 

will reimburse the contractor, the 

statute does not limit the amount of 

compensation that the contractor 

actually pays to its employees. 

Contractors can, and do, provide 

compensation to their employees that 

exceed the amount that is reimbursed by 

the Federal Government. 

Section 39 of the OFPP Act sets out 

a formula for determining the cap 

amount. Specifically, the cap amount is 

set at the median (50th percentile) 

amount of compensation provided, over 

the most recent year for which data is 

available, to the five most highly 

compensated employees in management 

positions at each home office and each 

segment of all publicly-owned U.S. 

companies with annual sales over $50 

million. The determination is based on 

analysis of data made available by the 

Securities and Exchange Commission. 

Compensation means the total amount 

of wages, salaries, bonuses, restricted 

stock, deferred and performance 

incentive compensation, and other 

compensation for the year, whether 

paid, earned, or otherwise accruing, as 

recorded in the employer’s cost 

accounting records for the year. 

When the cap was raised to $693,951 

for Fiscal Year (FY) 2010, the President 

called on Congress to repeal the current 

statutory formula and replace it with a 

lower, more sensible limit that is on par 

with what the Government pays its own 

executives and employees. Over the last 

several years, the Administration has 

strongly reiterated the need for reforms 

to the current statutory framework and 

Congress has considered several 

proposals to reform the compensation 

cap. To date, however, Congress has not 

revised the cap amount or the formula 

for adjusting the cap. Instead, Congress 

made only a modest change that 

expanded application of the statutory 

cap on defense contracts from the 

contractor’s senior executives to all of 

its employees (section 803 of the 

National Defense Authorization Act for 

FY 2013, Pub. L. 112–81, December 31, 

2011). This expansion of the 

applicability of the cap to all contractor 

employees did not cover contracts with 

the civilian agencies, so the cap for 

those contracts remains applicable only 

to certain contractor senior executives, 

which is defined as the five most highly 

compensated employees in management 

positions at each home office and each 

segment of the contractor. 

After consultation with the Director of 

the Defense Contract Audit Agency, 

OFPP has determined, pursuant to the 

requirements of Section 39, that the FY 

2012 cap amount for the compensation 

of a contractor employee covered by this 

provision is $952,308. (By comparison, 

the cap for FY 2011 was $763,029, 

which means that the statutorilymandated formula for calculating the 

cap has generated a one-year increase of 

nearly $190,000 in the amount that 

taxpayers are required to reimburse 

contractors for their compensation 

practices.) This amount applies to limit 

the costs of compensation for contractor 

employees that are reimbursed by the 

Government to the contractor for costs 

incurred on all contracts, after January 

1, 2012 and in subsequent contractor 

FYs, unless and until revised by OFPP. 

This applies to covered contracts for 

both defense and civilian procurement 

agencies, as specified in Section 39. 

Additionally, as explained above, with 

regard to civilian agencies, the cap 

continues to cover compensation to the 

same limited number of contractor 

executives as did the Section 39 caps for 

FY 2011 and prior years. With regard to 

covered contracts awarded by DOD, 

NASA, and the Coast Guard, the cap 

covers compensation for all contractor 

employees. Consequently, the cap may 

apply to different groups of contractor 

employees, employed by the same 

contractor, if that contractor has 

contracts with both defense and civilian 

agencies. 

Because Congress has not changed or 

replaced the statutory formula for 

setting the cap, the Administration is 

compelled by statute to raise the cap for 

another year in accordance with that 


EMCDONALD on DSK67QTVN1PROD with NOTICES