Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Notices 76611

percent dumping margin exists for

Canada Pipe for the period March 1,

1999, through February 29, 2000. The

Department will disclose calculations

performed within five days of the date

of publication of this notice to the

parties of this proceeding in accordance

with 19 CFR 351.224(b). An interested

party may request a hearing within 30

days of publication of these preliminary

results. See 19 CFR 351.310(c). Any

hearing, if requested, will be held 44

days after the date of publication, or the

first working day thereafter. Interested

parties may submit case briefs and/or

written comments no later than 30 days

after the date of publication of these

preliminary results of review. Rebuttal

briefs and rebuttals to written

comments, limited to issues raised in

such briefs or comments, may be filed

no later than 37 days after the date of

publication. Interested parties are

invited to comment on these

preliminary results. Parties who submit

arguments are requested to submit with

the argument (1) a statement of the issue

and (2) a brief summary of the

argument. Further, we would appreciate

it if parties submitting written

comments would also provide the

Department with an additional copy of

the public versions of those comments

on diskette. The Department will issue

the final results of this administrative

review, which will include the results of

its analysis of issues raised in any such

comments, within 120 days of

publication of these preliminary results.

Upon completion of this

administrative review, the Department

shall determine, and the Customs

Service shall assess, antidumping duties

on all appropriate entries. We have

calculated importer specific duty

assessment rates based on the ratio of

the total amount of antidumping duties

calculated for the examined sales to the

total entered value of examined sales.

Where the importer-specific assessment

rate is above de minimus, we will

instruct Customs to assess duties on that

importer’s entries of subject

merchandise. The Department will issue

appraisement instructions directly to

Customs.

Furthermore, the following deposit

requirements will be effective upon

completion of the final results of this

administrative review for all shipments

of ICC from Canada entered, or

withdrawn from warehouse, for

consumption on or after the publication

date of the final results of this

administrative review, as provided by

section 751(a)(1) of the Act: (1) The cash

deposit rate for Canada Pipe will be the

rate established in the final results of

this administrative review; (2) for

merchandise exported by manufacturers

or exporters not covered in this review

but covered in the original less-thanfair-value (‘‘LTFV’’) investigation or a

previous review, the cash deposit will

continue to be the company-specific rate

published for the most recent period; (3)

if the exporter is not a firm covered in

this review, or the original LTFV

investigation, but the manufacturer is,

the cash deposit rate will be the rate

established for the most recent period

for the manufacturer of the

merchandise; and (4) if neither the

exporter nor the manufacturer is a firm

covered in this or any previous review,

the cash deposit rate will be 14.67

percent, the ‘‘all-others’’ rate established

in the LTFV investigation.

These deposit requirements, when

imposed, shall remain in effect until

publication of the final results of

administrative review for a subsequent

review period.

This notice also serves as a

preliminary reminder to importers of

their responsibility under 19 CFR

351.402(f) to file a certificate regarding

the reimbursement of antidumping

duties prior to liquidation of the

relevant entries during this review

period. Failure to comply with this

requirement could result in the

Secretary’s presumption that

reimbursement of antidumping duties

occurred and the subsequent assessment

of double antidumping duties.

This administrative review and notice

are in accordance with sections

751(a)(1) and 777(i)(1) of the Act.

Dated: December 1, 2000.

Troy H. Cribb,

Assistant Secretary for Import

Administration.

[FR Doc. 00–31236 Filed 12–6–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmostpheric

Administration

Notice of Indirect Cost Rates for the

Damage Assessment and Restoration

Program

AGENCY: National Oceanic and

Atmospheric Administration (NOAA),

DOC.

ACTION: Notice.

SUMMARY: NOAA’s Damage Assessment

and Restoration Program (DARP) is

announcing new indirect cost rates and

a policy on the recovery of indirect costs

for its component organizations

invovled in natural resource damage

assesment and restoration activities.

These new rates and the DARP policy

are effective as of October 1, 2000. More

information on these rates and the

DARP policy can be found at the DARP

web site (www.darp.noaa.gov), or from

the address provided below.

EFFECTIVE DATE: October 1, 2000.

FOR FURTHER INFORMATION CONTACT: Eli

Reinharz, 301–713–3038, ext. 193;

(FAX: 301–713–4387; e-mail:

Eli.Reinharz@noaa.gov), or Linda

Burlington, 301–713–1217 (FAX: 301–

713–1229; e-mail:

Linda.B.Burlington@noaa.gov).

SUPPLEMENTARY INFORMATION: The

mission of the DARP 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.), the

Oil Pollution Act of 1990 (OPA) (33

U.S.C. 2701 et seq.), or physical injuries

in Naitonal Marine Sanctuaries under

the National Marine Sanctuaries Act

(NMSA) (16 U.S.C. 1431 et seq.). The

NOAA DARP consists of three

component organizations: The Damage

Assessment Center (DAC) within the

National Ocean Service; the Restoration

Center within the National Marine

Fisheries Services; and the Office of the

General Counsel for Natural Resources

(GCNR). The DARP 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.

When addressing NRDA incidents,

the costs of the damage assessment are

recoverable 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 DARP, outputs may be

associated with damage assessment

cases, or may be represented by other

program products such as damage

assessment regulations. In contrast,

indirect costs reflect the costs for

activities that collectively support the

DARP’s mission and operations. 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 Federal accounting

requirements, the DARP is required to

account for and report the full costs of

its programs and activities. Further, the

DARP is authorized by law to recover

76612 Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Notices

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

DARP 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 DARP’s Indirect Cost Effort

In December 1998, the DARP hired

the public account firm Rubino &

McGeehin, Chartered (R&M), 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 three

organizations that comprise the DARP.

The DARP requested an anlysis of its

indirect costs for fiscal years (FY) where

cost information was considered

adequate to conduct such an analysis.

Consequently, indirect cost rates were

developed for the DAC and GCNR for

FYs 1993 through 1999, and for the RC

for FYs 1997 through 1999 (see Table

below). The goal was to develop the

most appropriate indirct cost rate

allocation methodology and rates for

each of the DARP component

organizations.

R&M concluded that the cost

accounting system and allocation

practices of the DARP component

organizations are consistent with

Federal accounting requirements. R&M

also determined that the most

appropriate indirect allocation method

was the Direct Labor Cost Base for all

three DARP 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. The

indirect costs rates that R&M computed

for each of the three DARP component

organizations were further assessed as

being fair and equitable. A report on

R&M’s effort, their assessment of the

DARP’s cost accounting system and

practice, and their determination

respecting the most appropriate indirect

cost methodology and rates can be

found on the DARP web site at:

www.darp.noaa.gov. The report is

entitled ‘‘Indirect Cost Rates Incurred by

the National Oceanic and Atmospheric

Administration Damage Assessment and

Restoration Program.’’

The DARP’s Indirect Cost Policy

The DARP will include the costs of

program policy work and techniques

and methods development in indirect

cost pools of its component

organizations, but will monitor these

activities annually to control costs. The

indirect cost pools also include the cost

of general management and

administrative support and

preparedness for spill response work.

The DARP will apply the revised rates

recommended by R&M for the

respective fiscal years for each of the

DARP component organizations as

provided in the following table:

DARP unit

Fiscal years (FY) (in percent)

FY93 FY94 FY95 FY96 FY97 FY98 FY99

DAC ...................................................................................... 226.63 247.83 285.33 306.58 250.08 249.81 161.33

RC ........................................................................................ N/A N/A N/A N/A 139.70 142.82 203.24

GCNR ................................................................................... 107.10 107.24 147.05 286.82 173.30 191.12 239.08

N/A—Not applicable. Rates were not calculated for these years.

The revised rates identified in this

policy will be applied to all damage

assessment and restoration case costs as

of October 1, 2000, using the Direct

Labor Cost Base allocation methodology.

For cases that have settled and for cost

claims paid prior to October 1, 2000, the

DARP will not re-open any resolved

matters for the purpose of applying the

revised rates in this policy. For cases

not settled and not cost claims not paid

prior to October 1, 2000, costs will be

recalculated using the revised rates in

this policy. The DARP will use the FY

1999 rates for future fiscal years until

year-specific rates can be developed.

Dated: December 1, 2000.

Margaret Davidson,

Assistant Administrator for Ocean Services

and Coastal Zone Managmenet.

[FR Doc. 00–31021 Filed 12–6–00; 8:45 am]

BILLING CODE 3510–JE–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D.113000C]

Endangered Species; Permits

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Receipt of application for an

enhancement permit (1273); issuance of

permits (1254).

SUMMARY: Notice is hereby given of the

following actions regarding permits for

takes of endangered and threatened

species for the purposes of scientific

research and/or enhancement: NMFS

has received a permit application from

the North Carolina Aquarium Division

(NCAD)(1273); NMFS has issued permit

1254 to Central Hudson Gas& Electric

Corporation/Dynergy Danskammer,

L.L.C.& Dynergy Roseton, L.L.C. (CHGE/

DD & DR) (1254).

DATES: Comments or requests for a

public hearing on any of the new

applications or modification requests

must be received at the appropriate

address or fax number no later than 5

p.m. eastern standard time on January 8,

2001.

ADDRESSES: Written comments on any of

the new applications or modification

requests should be sent to the

appropriate office as indicated below.

Comments may also be sent via fax to

the number indicated for the application

or modification request. Comments will

not be accepted if submitted via e-mail

or the Internet. The applications and

related documents are available for

review in the indicated office, by

appointment:

For permits (1273, 1254), Endangered

Species Division, Office of Protected

Resources, NMFS, 1315 East-West

Highway, Silver Spring, MD, 20910 301-

713-1401.

FOR FURTHER INFORMATION CONTACT: For

permits 1273: Terri Jordan, Silver

Spring, MD (ph: 301-713-1401, fax: 301-

713-0376, e-mail:

Terri.Jordan@noaa.gov).

SUPPLEMENTARY INFORMATION:

Authority

Issuance of permits and permit

modifications, as required by the