Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Notices 40171 

On June 9, 2009, the Commission 

issued a notice in the Federal Register 

(74 FR 27290) requesting comments on 

its agenda, priorities, and strategic plan, 

with written comments due on June 26, 

2009. The Commission stated that, if the 

analysis of any issues raised in the 

comments would benefit from a public 

hearing, it would hold a hearing. The 

Commission received several written 

comments. In addition, some 

commenters requested an oral hearing. 

Accordingly, the Commission will 

conduct a public hearing on August 25, 

2009, to hear oral comments from these 

requesters or other interested parties 

concerning its current strategic plan, 

and agenda and priorities for fiscal year 

2011. 

Persons who desire to make oral 

presentations at the hearing on August 

25, 2009, should send an e-mail, call, or 

write Todd A. Stevenson, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814, e-mail cpscos@cpsc.gov, telephone (301) 504–7923, 

facsimile (301) 504–0127 not later than 

5 p.m. EST on August 18, 2009. 

Presentations should be limited to 

approximately ten minutes. 

Persons desiring to make 

presentations must submit the text of 

their presentations to the Office of the 

Secretary not later than 5 p.m. EST on 

August 18, 2009. The Commission 

reserves the right to impose further time 

limitations on all presentations and 

further restrictions to avoid duplication 

of presentations. The hearing will begin 

at 10 a.m. on August 25, 2009, and will 

conclude the same day. 

Dated: August 4, 2009. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. E9–19114 Filed 8–10–09; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

Amended Notice of Intent To Prepare 

an Environmental Impact Statement for 

the Proposed Regional Watershed 

Supply Project, Second Notice of 

Extension of Scoping Period 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DoD. 

ACTION: Notice; extension of comment 

period. 

SUMMARY: The public scoping comment 

period for the Intent to Prepare an 

Environmental Impact Statement for the 

Regional Watershed Supply Project by 

Million Conservation Resource Group, 

published in the Federal Register on 

Friday, March 20, 2009 (74 FR 11920), 

required comments be submitted May 

19, 2009 following publication in the 

Federal Register. The comment period 

was later extended to July 27, 2009, to 

accommodate requests from entities that 

desired more time and from areas that 

desired additional public meetings. The 

comment period has now been extended 

to September 28, 2009. Due to number 

of cooperating agency requests received, 

the Corps is extending the comment 

period to allow for additional time to 

respond to these requests. During this 

time period, the Corps will 

communicate with certain entities 

regarding the possibility of 

consolidating participation through 

designation of a single point of contact 

to represent multiple entities. 

FOR FURTHER INFORMATION CONTACT: 

Questions and comments regarding the 

proposed action and EIS should be 

addressed to Ms. Rena Brand, Project 

Manager, U.S. Army Corps of Engineers, 

Denver Regulatory Office, 9307 S. 

Wadsworth Blvd., Littleton, CO 80128– 

6901; (303) 979–4120; 

mcrg.eis@usace.army.mil. 

SUPPLEMENTARY INFORMATION: None. 

Brenda S. Bowen, 

Army Federal Register Liaison Officer. 

[FR Doc. E9–19232 Filed 8–10–09; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

Plaquemines Parish, LA, Federal 

Hurricane Protection Levee 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DOD. 

ACTION: Notice of intent. 

SUMMARY: The U.S. Army Corps of 

Engineers, Vicksburg District, in 

cooperation with the New Orleans 

District and the Louisiana Coastal 

Protection and Restoration Authority 

(the non-Federal sponsor), are 

undertaking studies to develop and 

evaluate possible alternatives to 

improve the storm damage reduction 

capability of the Federal levee system, 

Plaquemines Parish, LA. 

DATES: Initiate Supplemental 

Environmental Impact Statement (SEIS) 

August 17, 2009. 

ADDRESSES: Correspondence may be 

sent to Mr. Larry Marcy at the U.S. 

Army Corps of Engineers, Vicksburg 

District, CEMVK–PP–PQ, 4155 Clay 

Street, Vicksburg, MS 39183–3435. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Larry Marcy at the U.S. Army Corps of 

Engineers, Vicksburg District, telephone 

(601) 631–5965, fax number (601) 631– 

5115, or e-mail at 

larry.e.marcy@usace.army.mil. 

SUPPLEMENTARY INFORMATION: 

Proposed Action. It is the intent of the 

Vicksburg District to prepare an SEIS for 

the New Orleans to Venice (NOV) 

Federal Hurricane Protection levee. The 

NOV Federal Hurricane Protection 

project straddles the Mississippi River 

in Plaquemines Parish, Louisiana, 

between approximate River Miles 59 

and 10. On the west bank, it includes 37 

miles of back levee divided into four 

reaches (Reaches A, B–1, B–2, and St. 

Jude to City Price) and 34 miles of 

enlarged west bank Mississippi River 

levees. On the east bank, the project 

includes 16 miles of enlarged back 

levees (Reach C). This project is a 

Federal system designed to provide 

protection from hurricane tidal overflow 

in the lower Mississippi River delta 

region. 

The purpose of the SEIS is to identify 

and evaluate structural and 

nonstructural storm damage reduction 

alternatives to address hurricane-related 

flooding problems in Plaquemines 

Parish. Additional work is needed to 

restore the Federal levees and 

floodwalls to the authorized level of 

protection where the levee and 

floodwalls are below grade due to 

subsidence and/or post-Katrina design 

changes. 

Alternatives. Alternatives to address 

flooding problems will be identified and 

evaluated in cooperation with state and 

Federal agencies, local government, and 

the public. 

Scoping. Scoping is the process for 

determining the range of the alternatives 

and significant issues to be addressed in 

the SEIS. A part of this analysis will 

include a letter sent to all parties 

believed to have an interest in the 

analysis, requesting their input on 

alternatives and issues to be evaluated. 

The letter will also notify interested 

parties of public scoping meetings that 

are being held in the local area. A 

meeting notice will be sent to the local 

news media. All interested parties are 

invited to comment at this time, and 

anyone interested in the study should 

request to be included on the mailing 

list. 

Two public scoping meetings will be 

held on Saturday, September 12, 2009: 

one meeting will be held at the 

Woodland Plantation, 21997 Highway 

23, West Point a La Hache, Louisiana, 


sroberts on DSKD5P82C1PROD with NOTICES
40172 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Notices 

from 9 to 11:30 a.m. (open house from 

9 until 9:30 a.m., scoping meeting to 

begin promptly at 9:30 a.m.); the second 

meeting will be held at Boothville 

Elementary School, #1 Oiler Drive, 

Boothville, Louisiana, from 3 to 5:30 

p.m. (open house from 3 until 3:30 p.m., 

scoping meeting to begin promptly at 

3:30). 

Significant Issues. The tentative list of 

resources and issues to be evaluated in 

the SEIS includes aquatic resources, 

essential fish habitat, fisheries and 

wildlife resources, wetlands, water 

quality, air quality, threatened or 

endangered species, recreation 

resources, and cultural resources. 

Socioeconomic items to be evaluated in 

the SEIS include residential housing 

and business activity, tax revenues, 

population, community and regional 

growth, transportation, and community 

cohesion. 

Environmental Consultation and 

Review. The U.S. Fish and Wildlife 

Service (FWS) will be asked to assist in 

the documentation of existing 

conditions, impact analysis of 

alternatives, and overall study review 

through the Fish and Wildlife 

Coordination Act (FWCA) consultation 

procedures. The FWS would provide an 

FWCA report to be incorporated into the 

SEIS. The FWS and National Marine 

Fisheries Service will be asked to be 

cooperating agencies. The draft SEIS or 

a Notice of Availability will be 

distributed to all interested agencies, 

organizations, individuals, 

congressionals, and Indian tribes. 

Estimated Date of Availability. The 

draft SEIS is expected to be available in 

November 2010. 

Daniel A. Johnson, 

Acting Chief, Planning, Programs, and Project 

Management Division. 

[FR Doc. E9–19230 Filed 8–10–09; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF EDUCATION 

Arbitration Panel Decision Under the 

Randolph-Sheppard Act 

AGENCY: Department of Education. 

ACTION: Notice of arbitration panel 

decision under the Randolph-Sheppard 

Act. 

SUMMARY: The Department of Education 

(Department) gives notice that on March 

1, 2009, an arbitration panel rendered a 

decision in the matter of Bernard R. 

Werwie, Sr. v. Pennsylvania Office of 

Vocational Rehabilitation, Case No. R– 

S/07–9. This panel was convened by the 

Department under 20 U.S.C. 107d–1(a), 

after the Department received a 

complaint filed by the petitioner, 

Bernard R. Werwie, Sr. 

FOR FURTHER INFORMATION CONTACT: You 

may obtain a copy of the full text of the 

arbitration panel decision from Suzette 

E. Haynes, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 5022, Potomac Center Plaza, 

Washington, DC 20202–2800. 

Telephone: (202) 245–7374. If you use a 

telecommunications device for the deaf 

(TDD), you may call the Federal Relay 

Service (FRS), toll-free, at 1–800–877– 

8339. 

Individuals with disabilities may 

obtain this document in an accessible 

format (e.g., braille, large print, 

audiotape, or computer diskette) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: Under 

section 6(c) of the Randolph-Sheppard 

Act (the Act), 20 U.S.C. 107d–2(c), the 

Secretary publishes in the Federal 

Register a synopsis of each arbitration 

panel decision affecting the 

administration of vending facilities on 

Federal and other property. 

Background 

Mr. Bernard R. Werwie, Sr., 

(Complainant) alleged violations by the 

Pennsylvania Office of Vocational 

Rehabilitation, the State licensing 

agency (SLA) of the Randolph-Sheppard 

Act (Act) and the implementing 

regulations in 34 CFR part 395. 

Specifically, Complainant alleged that 

the SLA improperly administered the 

Randolph-Sheppard Vending Facility 

Program in violation of the Act, 

implementing regulations under the 

Act, and State rules and regulations, 

when the SLA denied Complainant’s 

bid to manage Facility #804 at the U.S. 

Post Office in Pittsburgh, Pennsylvania. 

On or about June 2006, Facility #804 

became available due to the death of the 

previous vending facility manager. At 

that time, the SLA placed the facility 

out for bid on a regional satellite basis 

rather than on a Statewide or permanent 

basis. According to section 2430.91 of 

the SLA’s rules and regulations 

governing the Randolph-Sheppard 

vending program, a satellite facility is 

one operated by a vendor at the same 

time the vendor is operating another 

assigned facility. The SLA is authorized 

to establish a satellite facility only on a 

temporary basis when the SLA can 

demonstrate that it does not have a 

qualified blind vendor to place on a 

permanent basis. 

The SLA alleged that, because there 

was a crisis situation at Facility #804, its 

decision to place the facility out for bid 

on a regional satellite basis rather than 

on a Statewide or permanent basis was 

within its discretion under its State 

rules and regulations. Further, the SLA 

contended that its decision was 

sanctioned by the Elected Committee of 

Blind Vendors (ECBV), which pursuant 

to the Act and 34 CFR part 395, is an 

elected body fully representative of all 

blind vendors in a State. 

A State fair hearing on this matter was 

held on March 19, 2007. On April 18, 

2007, the hearing officer issued a 

decision denying Complainant’s 

grievance. It was this decision that 

Complainant sought review of by a 

Federal arbitration panel. 

According to the arbitration panel, the 

issues to be resolved were: (i) Whether 

the Pennsylvania Office of Vocational 

Rehabilitation’s decision to bid Facility 

#804 on a regional basis violated the 

Randolph-Sheppard Act, the 

implementing regulations, and State 

program rules and regulations; and (ii) 

if there was a violation, what is the 

remedy. 

Arbitration Panel Decision 

After hearing testimony and 

reviewing all of the evidence, the panel 

majority ruled that the Pennsylvania 

Office of Vocational Rehabilitation’s 

decision was a reasonable, good faith 

attempt to remedy a bad situation, and 

was done in the best interest of all 

licensed blind vendors in the State of 

Pennsylvania. The panel denied 

Complainant’s request to be placed 

without delay to Facility #804. 

Additionally, the panel denied his 

request for monetary relief. 

One panel member dissented. 

Specifically, this panel member 

believed that the SLA unlawfully 

designated Facility #804 as a satellite 

facility and that the Complainant should 

have been compensated for loss of 

revenue had he been the successful 

bidder as well as for attorney’s fees 

incurred in his seeking Federal 

arbitration. 

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 may 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. If you have questions about 


sroberts on DSKD5P82C1PROD with NOTICES