Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Notices 2891 

Subsequently, both the Complainant 

and the Illinois Committee of Blind 

Vendors (ICBV) filed a complaint with 

the SLA alleging that staff of the 

Business Enterprise Program for the 

Blind (BEPB) entered into an illegal 

agreement with the Department of 

Mental Health regarding vending 

services at the SDC. The Complainant 

alleged that the SLA agreement with the 

Department of Mental Health had 

severely affected the Complainant’s 

ability to earn a living. On November 

12, 2008, a hearing on this matter was 

held. 

On December 30, 2008, the hearing 

officer denied both the Complainant and 

ICBV’s complaint stating that neither 

party had met the burden of proof 

required to show that BEPB’s actions 

were not in accordance with State laws, 

regulations, or policy, were 

inappropriate, or violated any rights of 

the Complainant. On December 31, 

2008, the SLA adopted the hearing 

officer’s decision as final agency action. 

It was this decision that the 

Complainant sought review on appeal 

by a Federal arbitration panel. 

Arbitration Panel Decision 

After hearing testimony and 

reviewing all of the evidence, the panel 

majority ruled that the Illinois 

Department of Human Services, 

Division of Rehabilitation Services’ 

determination that a blind vendor could 

be required to make monthly 

commission payments to the SDC 

regarding the vending machine facility 

was appropriate. 

However, the panel majority 

concluded that the commission was too 

high, the manner in which the 

commission was calculated and 

assessed was inconsistent with the 

manner in which commission amounts 

being charged to blind vendors at other 

State facilities were being calculated 

and assessed, and that the commission 

payments were based on the private 

vendor’s monthly payments without 

regard for the Complainant’s seasonal 

costs or changes in the cost of 

purchasing products. Accordingly, the 

panel majority ruled that the SLA’s 

actions were not in accordance with the 

Randolph-Sheppard Act, implementing 

regulations, and State laws, rules, and 

regulations. 

Thus, the panel majority awarded the 

Complainant $22,589 in compensatory 

damages for overpayment of 

commissions to the SDC, plus $7,000 in 

partial compensation for attorney fees 

for a total award amount of $29,589. The 

panel also retained jurisdiction for 60 

days from the date of the final decision 

and award to monitor compliance with 

the terms of the decision. 

One panel member dissented from the 

panel majority’s decision stating that the 

commission structure as a whole and 

the way the commission payments were 

determined did not violate the Act, 

implementing regulations, and State 

law, rules, and regulations. With regard 

to the remedy, the dissenter concluded 

that there is no authority for the 

arbitration panel to order any payments 

to the Complainant. 

The views and opinions expressed by 

the panel do not necessarily represent 

the views and opinions of the 

Department. 

Electronic Access to This Document: 

You can view this document, as well as 

all other Department of Education 

documents published in the Federal 

Register, in text or Adobe Portable 

Document Format (PDF) on the Internet 

at the following site: http://www.ed.gov/ 

news/fedregister. To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at this site. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Dated: January 12, 2011. 

Alexa Posny, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2011–922 Filed 1–14–11; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Blue Ribbon Commission on 

America’s Nuclear Future 

AGENCY: Office of Nuclear Energy, 

Department of Energy. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces an 

open meeting of the Blue Ribbon 

Commission on America’s Nuclear 

Future (the Commission). The 

Commission was organized pursuant to 

the Federal Advisory Committee Act 

(Pub. L. 92–463, 86 Stat. 770) (the Act). 

This notice is provided in accordance 

with the Act. 

DATES: Tuesday, February 1, 2011, 9 

a.m.–4 p.m.; Wednesday, February 2, 

2011, 8:30 a.m.–12:15 p.m. 

ADDRESSES: Washington Marriott Metro 

Center, 775 12th Street, NW., 

Washington, DC 20005. Telephone: 

(202) 737–2200. 

FOR FURTHER INFORMATION CONTACT: 

Timothy A. Frazier, Designated Federal 

Officer, U.S. Department of Energy, 

1000 Independence Avenue, SW., 

Washington, DC 20585; telephone (202) 

586–4243 or facsimile (202) 586–0544; 

e-mail CommissionDFO@nuclear.

energy.gov. Additional information will 

be available at http://www.brc.gov. 

SUPPLEMENTARY INFORMATION: 

Background: The President directed 

that the Commission be established to 

conduct a comprehensive review of 

policies for managing the back end of 

the nuclear fuel cycle. The Commission 

will provide advice and make 

recommendations on issues including 

alternatives for the storage, processing, 

and disposal of civilian and defense 

spent nuclear fuel and nuclear waste. 

The Commission is scheduled to submit 

a draft report to the Secretary of Energy 

in July 2011 and a final report in 

January 2012. 

This is the sixth full Commission 

meeting. Previous meetings were held in 

March, May, July, September, and 

November 2010. Webcasts of the 

previous meetings along with meeting 

transcripts and presentation are 

available at http://www.brc.gov. 

Purpose of the Meeting: The main 

purpose of this meeting is to further 

investigate several of the cross-cutting 

issues that affect the three 

subcommittees of the Commission. The 

Commission will hear from a series of 

speakers and panelists who can provide 

insights on the organization and scope 

of the nation’s nuclear waste 

management entity, waste program 

funding, and the site selection and 

development process. 

Tentative Agenda: The meeting is 

expected to start at 9 a.m. on Tuesday, 

February 1, 2011. The schedule for 

February 1st will include presentations 

and statements to the Commission, as 

well as roundtable discussion. The 

meeting will resume at 8:30 a.m. on 

Wednesday, February 2, 2011, with 

presentations and statements to the 

Commission and Commission 

discussions lasting until about 11:15 

a.m. The meeting will conclude with 

public statements and will end about 

12:15 p.m. 

Public Participation: Individuals and 

representatives of organizations who 

would like to offer comments and 

suggestions may do so at the end of the 

public session on Wednesday, February 

2, 2011. Approximately 1 hour will be 

reserved for public comments from 

11:15 a.m. to 12:15 p.m. Time allotted 

per speaker will depend on the number 

who wish to speak but will not exceed 

5 minutes. The Designated Federal 

mstockstill on DSKH9S0YB1PROD with NOTICES

2892 Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Notices 

Officer is empowered to conduct the 

meeting in a fashion that will facilitate 

the orderly conduct of business. Those 

wishing to speak should register to do 

so beginning at 8 a.m. on February 2, 

2011, at the Washington Marriott at 

Metro Center. Registration to speak will 

close at 10 a.m., February 2, 2011. 

Those not able to attend the meeting 

or having insufficient time to address 

the subcommittee are invited to send a 

written statement to Timothy A. Frazier, 

U.S. Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585, e-mail to 

CommissionDFO@nuclear.energy.gov, or 

post comments on the Commission Web 

site at http://www.brc.gov. 

Additionally, the meeting will be 

available via live video Web cast. The 

link will be available at http:// 

www.brc.gov. 

Minutes: The minutes of the meeting 

will be available at http://www.brc.gov 

or by contacting Mr. Frazier. He may be 

reached at the postal address or e-mail 

address above. 

Issued in Washington, DC, on January 11, 

2011. 

LaTanya R. Butler, 

Acting Deputy Committee Management 

Officer. 

[FR Doc. 2011–902 Filed 1–14–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Proposed Subsequent Arrangement 

AGENCY: Office of Nonproliferation and 

International Security, Department of 

Energy. 

ACTION: Proposed subsequent 

arrangement. 

SUMMARY: This notice is being issued 

under the authority of section 131a. of 

the Atomic Energy Act of 1954, as 

amended (42 U.S.C. 2160). The 

Department is providing notice of a 

proposed subsequent arrangement 

under the Agreement for Cooperation 

Between the Government of the United 

States of America and the Government 

of Japan Concerning Peaceful Uses of 

Nuclear Energy and the Agreement for 

Cooperation in the Peaceful Uses of 

Nuclear Energy Between the European 

Atomic Energy Community and the 

United States of America. 

This subsequent arrangement 

concerns the retransfer of 2,536 g of 

U.S.-origin uranium (11 g U–235) and 

27 g of plutonium contained in eight 

spent fuel rod segments from Nippon 

Nuclear Fuel Development Co., Ltd in 

Oarai-machi, Ibaraki-ken, Japan, to 

Studsvik Nuclear AB in Nyko ̈ping, 

Sweden. The material, which is 

currently located at Nippon Nuclear 

Fuel Development Co., Ltd, will be 

transferred to Studsvik Nuclear AB for: 

(a) Pre-irradiation experiment of the 

spent fuel rods irradiated in a nuclear 

power plant in Japan by Studsvik 

Nuclear AB in Sweden, (b) irradiation 

experiment of those fuel rods by 

Institutt for Energiteknikk OECD Halden 

Reactor Project in Norway, and (c) postirradiation experiment of those fuel rods 

by Studsvik Nuclear AB in Sweden. The 

material was originally obtained by 

Nippon Nuclear Fuel Development Co., 

Ltd from Martin Marietta Energy 

Systems pursuant to export licenses 

XSNM02314 and XSNM02734. 

In accordance with section 131a. of 

the Atomic Energy Act of 1954, as 

amended, it has been determined that 

this subsequent arrangement will not be 

inimical to the common defense and 

security. 

This subsequent arrangement will 

take effect no sooner than February 2, 

2011. 

Dated: December 20, 2010. 

For the Department of Energy. 

Thomas P. D’Agostino, 

Administrator, National Nuclear Security 

Administration. 

[FR Doc. 2011–905 Filed 1–14–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 13797–000] 

City of Ouray; Notice of Application 

Accepted for Filing, Ready for 

Environmental Analysis, and Soliciting 

Motions To Intervene and Protests, 

Comments, Final Terms and 

Conditions, Recommendations, and 

Prescriptions 

January 11, 2011. 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection. 

a. Type of Filing: Original Minor 

License. 

b. Project No.: 13797–000. 

c. Dated Filed: June 6, 2010. 

d. Submitted by: City of Ouray. 

e. Name of Project: Ouray Water 

Supply Hydroelectric Project. 

f. Project Description: The proposed 

project would use excess water from the 

City’s artesian spring by way of an 

existing six-inch water line. The City 

would add about 300 feet of new 

pipeline to direct water to a new power 

plant. The power plant will house one 

Pelton turbine and induction motor 

generator with a maximum output of 20 

kilowatt. 

g. Location: Ouray, Colorado. 

h. Filed Pursuant to: 18 CFR 4.61 of 

the Commission’s regulations. 

i. Applicant Contact: Bob Risch, P.O. 

Box 468, Ouray, CO 81427; (970) 318– 

1363. 

j. FERC Contact: Mary Greene at (202) 

502–8865; or e-mail at mary.greene@

ferc.gov. 

k. A copy of the license application is 

available for review at the Commission 

in the Public Reference Room or may be 

viewed on the Commission’s Web site 

(http://www.ferc.gov), using the 

‘‘eLibrary’’ link. Enter the docket 

number, excluding the last three digits 

in the docket number field to access the 

document (P–13797). For assistance, 

contact FERC Online Support at 

FERCONlineSupport@ferc.gov or toll 

free at 1–866–208–3676, or for TTY, 

(202) 502–8659. A copy is also available 

for inspection and reproduction at the 

address in paragraph h. 

Register online at http:// 

www.ferc.gov/docs-filing/ 

esubscription.asp to be notified via email of new filing and issuances related 

to this or other pending projects. For 

assistance, contact FERC Online 

Support. 

l. This application has been accepted 

for filing and is now ready for 

environmental analysis. 

m. Cooperating agencies: Federal, 

State, local, and Tribal agencies with 

jurisdiction and/or special expertise 

with respect to environmental issues 

that wish to cooperate in the 

preparation of the environmental 

document should file such request 

within 30 days from issuance of this 

notice. 

Cooperating agencies should note the 

Commission’s policy that agencies that 

cooperate in the preparation of the 

environmental document cannot also 

intervene. See 94 FERC ¶ 61,076 (2001). 

All documents may be filed 

electronically via the Internet. See 18 

CFR 385.2001(a)(1)(iii) and the 

instructions on the Commission’s Web 

site (http://www.ferc.gov/docs-filing/ 

ferconline.asp) under the ‘‘e-Filing’’ link. 

For a simpler method of submitting text 

only comments click on ‘‘Quick 

Comment’’. For assistance, please 

contact FERC Online Support at FERC

OnlineSupport@ferc.gov; call toll-free at 

(866) 208–3676; or, for TTY, contact 

(202) 502–8659. Although the 

Commission strongly encourages 

electronic filing, documents may also be 

paper-filed. To paper-file, mail an 

original and eight copies to: Kimberly D. 

mstockstill on DSKH9S0YB1PROD with NOTICES