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
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Notices 40173 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1– 

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

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. 

Delegation of Authority: The Secretary 

of Education has delegated authority to 

Andrew J. Pepin, Executive 

Administrator for the Office of Special 

Education and Rehabilitative Services, 

to perform the functions of the Assistant 

Secretary for Special Education and 

Rehabilitative Services. 

Dated: August 6, 2009. 

Andrew J. Pepin, 

Acting Assistant Secretary for Special 

Education and Rehabilitative Services. 

[FR Doc. E9–19235 Filed 8–10–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Ultra-Deepwater Advisory Committee; 

Open Meeting 

AGENCY: Department of Energy, Office of 

Fossil Energy. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces a 

meeting of the Ultra-Deepwater 

Advisory Committee. The Federal 

Advisory Committee Act (Pub. L. 92– 

463, 86 Stat. 770) requires that public 

notice of this meeting be announced in 

the Federal Register. 

DATES: Wednesday, September 16, 2009, 

1:30 p.m.–5 p.m. (CDT), and Thursday, 

September 17, 2009, 8 a.m.–12 p.m. 

(CDT). 

ADDRESSES: Crowne Plaza Riverwalk, 

111 E. Pecan Street, San Antonio, TX 

78205. 

FOR FURTHER INFORMATION CONTACT: 

Elena Melchert, U.S. Department of 

Energy, Office of Oil and Natural Gas, 

Washington, DC 20585. Phone: 202– 

586–5600. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Committee: The 

purpose of the Ultra-Deepwater 

Advisory Committee is to provide 

advice on development and 

implementation of programs related to 

ultra-deepwater architecture and 

technology to the Secretary of Energy 

and provide comments and 

recommendations and priorities for the 

Department of Energy Annual Plan per 

requirements of the Energy Policy Act of 

2005, Title IX, Subtitle J, Section 999D. 

Tentative Agenda 

September 16 

1 p.m.–1:30 p.m.—Registration 

1:30 p.m.—Call to Order and Welcome, 

Introductions, Opening Remarks, 

Standing Subcommittee Reports, 

Status Updates as of Last Meeting, 

Topical Presentations such as: 

Legislative Update; Ocean Task Force 

Update; DOE Response to Comments 

from Ocean Conservation Research; 

Benefits Assessment Program; the 

Technology Transfer Program and 

Knowledge Management Database 

demo; and Overview of the 2010 

Annual Plan. 

5 p.m.—Suspend meeting until 

September 17 

September 17 

7:30 a.m.–8 a.m.—Registration 

8 a.m.—Continue Overview of the 2010 

Annual Plan and Deadlines, and Ad 

Hoc Review Committees 

11:45 a.m.—Public Comments 

12 p.m.—Adjourn 

Public Participation: The meeting is 

open to the public. The Designated 

Federal Officer and the Chairman of the 

Committee will lead the meeting for the 

orderly conduct of business. If you 

would like to file a written statement 

with the Committee, you may do so 

either before or after the meeting. If you 

would like to make oral statements 

regarding any of the items on the 

agenda, you should contact Elena 

Melchert at the address or telephone 

number listed above. You must make 

your request for an oral statement at 

least five business days prior to the 

meeting, and reasonable provisions will 

be made to include the presentation on 

the agenda. Public comment will follow 

the 5 minute rule. 

Minutes: The minutes of this meeting 

will be available for public review and 

copying within 60 days at the Freedom 

of Information Public Reading Room, 

Room 1G–033, Forrestal Building, 1000 

Independence Avenue, SW., 

Washington, DC, between 9 a.m. and 4 

p.m., Monday through Friday, except 

Federal holidays. 

Issued at Washington, DC, on August 5, 

2009. 

Rachel Samuel, 

Deputy Committee Management Officer. 

[FR Doc. E9–19226 Filed 8–10–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Unconventional Resources 

Technology Advisory Committee 

AGENCY: Department of Energy, Office of 

Fossil Energy. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces a 

meeting of the Unconventional 

Resources Technology Advisory 

Committee. The Federal Advisory 

Committee Act (Pub. L. 92–463, 86 Stat. 

770) requires that public notice of this 

meeting be announced in the Federal 

Register. 

DATES: Tuesday, September 15, 2009, 

1:30 p.m.–5 p.m. (CDT) and Wednesday, 

September 16, 2009, 8 a.m.–12 p.m. 

(CDT). 

ADDRESSES: Crowne Plaza Riverwalk, 

111 E. Pecan Street, San Antonio, TX 

78205. 

FOR FURTHER INFORMATION CONTACT: 

Elena Melchert, U.S. Department of 

Energy, Office of Oil and Natural Gas, 

Washington, DC 20585. Phone: 202– 

586–5600. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Committee: The 

purpose of the Unconventional 

Resources Technology Advisory 

Committee is to provide advice on 

development and implementation of 

programs related to onshore 

unconventional natural gas and other 

petroleum resources to the Secretary of 

Energy; and provide comments and 

recommendations and priorities for the 

Department of Energy Annual Plan per 

requirements of the Energy Policy Act of 

2005, Title IX, Subtitle J, Section 999D. 

Tentative Agenda 

September 15 

1 p.m.–1:30 p.m.—Registration 

1:30 p.m.—Call to Order and 

Welcome, Introductions, Opening 

Remarks, Standing Subcommittee 

Reports, Status Updates as of Last 

Meeting, Topical Presentations such as: 

Legislative Update; Benefits Assessment 

Program; the Technology Transfer 

Program and Knowledge Management 

Database demo; and Overview of the 

2010 Annual Plan. 

5 p.m.—Suspend meeting until 

September 16 

September 16 

7:30 a.m.–8 a.m.—Registration 

8 a.m.—Continue Overview of the 

2010 Annual Plan and Deadlines and 

Ad Hoc Review Committees 

11:45 a.m.—Public Comments 

12 p.m.—Adjourn 


sroberts on DSKD5P82C1PROD with NOTICES