8220 Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / 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. 

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. 

ONMS component 

FY 2008 indirect rate 

(percent) 

ONMS Florida Keys National 

Marine Sanctuary (FKNMS) .. 310.58 

ONMS All sites, except FKNMS 269.34 

ONMS component 

FY 2009 

indirect 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 cases only ................. 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 

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 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Notices 8221 

certificate, or the recovery of a lost 

certificate. 

This collection includes the 

Certificate Action Form (PTO–2042), 

which is provided by the USPTO to 

ensure that customers submit the 

necessary information for processing 

certificate requests. The accompanying 

subscriber agreement explains the 

regulations governing the use of the 

digital certificates and the software that 

creates and validates the encryption 

keys. 

Affected Public: Individuals or 

households; businesses or other forprofits; and not-for-profit institutions. 

Frequency: On occasion. 

Respondent’s Obligation: Required to 

obtain or retain benefits. 

OMB Desk Officer: Nicholas A. Fraser, 

email: 

Nicholas_A._Fraser@omb.eop.gov. 

Once submitted, the request will be 

publicly available in electronic format 

through the Information Collection 

Review page at www.reginfo.gov. 

Paper copies can be obtained by: 

• Email: 

InformationCollection@uspto.gov. 

Include ‘‘0651–0045 copy request’’ in 

the subject line of the message. 

• Mail: Susan K. Fawcett, Records 

Officer, Office of the Chief Information 

Officer, United States Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313–1450. 

Written comments and 

recommendations for the proposed 

information collection should be sent on 

or before March 15, 2012 to Nicholas A. 

Fraser, OMB Desk Officer, via email to 

Nicholas_A._Fraser@omb.eop.gov, or by 

fax to 202–395–5167, marked to the 

attention of Nicholas A. Fraser. 

Dated: February 9, 2012. 

Susan K. Fawcett, 

Records Officer, USPTO, Office of the Chief 

Information Officer. 

[FR Doc. 2012–3392 Filed 2–13–12; 8:45 am] 

BILLING CODE 3510–16–P 

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS 

Determination Under the Textile and 

Apparel Commercial Availability 

Provision of the Dominican RepublicCentral America-United States Free 

Trade Agreement (‘‘CAFTA–DR 

Agreement’’) 

AGENCY: The Committee for the 

Implementation of Textile Agreements. 

ACTION: Determination to add a product 

in unrestricted quantities to Annex 3.25 

of the CAFTA–DR Agreement. 

DATES: Effective Date: February 14, 

2012. 

SUMMARY: The Committee for the 

Implementation of Textile Agreements 

(‘‘CITA’’) has determined that certain 

faux suede bonded to faux fur pile 

fabric, as specified below, is not 

available in commercial quantities in a 

timely manner in the CAFTA–DR 

countries. The product will be added to 

the list in Annex 3.25 of the CAFTA– 

DR Agreement in unrestricted 

quantities. 

FOR FURTHER INFORMATION CONTACT: 

Maria Dybczak, Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482–3651. 

For Further Information On-Line: 

http://web.ita.doc.gov/tacgi/

CaftaReqTrack.nsf under ‘‘Approved 

Requests,’’ Reference number: 165.2012.

01.09.Fabric.Alston&BirdforS

Rothschild&Co,Inc. 

SUPPLEMENTARY INFORMATION: 

Authority: The CAFTA–DR 

Agreement; Section 203(o)(4) of the 

Dominican Republic-Central AmericaUnited States Free Trade Agreement 

Implementation Act (‘‘CAFTA–DR 

Implementation Act’’), Public Law 109– 

53; the Statement of Administrative 

Action, accompanying the CAFTA–DR 

Implementation Act; and Presidential 

Proclamations 7987 (February 28, 2006) 

and 7996 (March 31, 2006). 

Background: The CAFTA–DR 

Agreement provides a list in Annex 3.25 

for fabrics, yarns, and fibers that the 

Parties to the CAFTA–DR Agreement 

have determined are not available in 

commercial quantities in a timely 

manner in the territory of any Party. The 

CAFTA–DR Agreement provides that 

this list may be modified pursuant to 

Article 3.25(4)–(5), when the President 

of the United States determines that a 

fabric, yarn, or fiber is not available in 

commercial quantities in a timely 

manner in the territory of any Party. See 

Annex 3.25 of the CAFTA–DR 

Agreement; see also section 203(o)(4)(C) 

of the CAFTA–DR Implementation Act. 

The CAFTA–DR Implementation Act 

requires the President to establish 

procedures governing the submission of 

a request and providing opportunity for 

interested entities to submit comments 

and supporting evidence before a 

commercial availability determination is 

made. In Presidential Proclamations 

7987 and 7996, the President delegated 

to CITA the authority under section 

203(o)(4) of CAFTA–DR Implementation 

Act for modifying the Annex 3.25 list. 

Pursuant to this authority, on September 

15, 2008, CITA published modified 

procedures it would follow in 

considering requests to modify the 

Annex 3.25 list of products determined 

to be not commercially available in the 

territory of any Party to CAFTA–DR 

(Modifications to Procedures for 

Considering Requests Under the 

Commercial Availability Provision of 

the Dominican Republic-Central 

America-United States Free Trade 

Agreement, 73 FR 53200) (‘‘CITA’s 

procedures’’). 

On January 9, 2012, the Chairman of 

CITA received a request for a 

Commercial Availability determination 

(‘‘Request’’) from Alston & Bird on 

behalf of S. Rothschild & Co., Inc. for 

certain faux suede bonded to faux fur 

pile fabric, as specified below. On 

January 11, 2012, in accordance with 

CITA’s procedures, CITA notified 

interested parties of the Request, which 

was posted on the dedicated Web site 

for CAFTA–DR Commercial Availability 

proceedings. In its notification, CITA 

advised that any Response with an Offer 

to Supply (‘‘Response’’) must be 

submitted by January 24, 2012, and any 

Rebuttal Comments to a Response 

(‘‘Rebuttal’’) must be submitted by 

January 30, 2012, in accordance with 

sections 6 and 7 of CITA’s procedures. 

No interested entity submitted a 

Response to the Request advising CITA 

of its objection to the Request and its 

ability to supply the subject product. 

In accordance with section 

203(o)(4)(C) of the CAFTA–DR 

Implementation Act, and section 8(c)(2) 

of CITA’s procedures, as no interested 

entity submitted a Response objecting to 

the Request and demonstrating its 

ability to supply the subject product, 

CITA has determined to add the 

specified fabric to the list in Annex 3.25 

of the CAFTA–DR Agreement. 

The subject product has been added 

to the list in Annex 3.25 of the CAFTA– 

DR Agreement in unrestricted 

quantities. A revised list has been 

posted on the dedicated Web site for 

CAFTA–DR Commercial Availability 

proceedings. 

Specifications: Certain Faux Suede 

Bonded to Faux Fur Pile Fabric 

HTS: 6001.10.2000 

Note: If CBP classified the fabric based on 

its woven face, then it would be classifiable 

in one of the following subheadings within 

heading 5407, covering woven fabrics of 

synthetic filament yarn, including HTSUS 

5407.52.2060, 5407.53.2060, 5407.61.9935, 

5407.69.2060, 5407.60.4060, 5407.72.0060, 

5407.73.2060, 5407.92.2010 or 5407.92.2090, 

or under one of the following subheadings 

within heading 5512, covering woven fabrics 

of synthetic staple fibers, 5512.19.00, 

5512.91.00, and 5512.99.00. 

Fabric Type: Faux suede bonded to faux 

fur pile 

mstockstill on DSK4VPTVN1PROD with NOTICES