Federal Register / Vol. 76, No. 25 / Monday, February 7, 2011 / Notices 6605 

Arbitration Panel Decision 

After hearing testimony and 

reviewing all of the evidence, the panel 

issued its ruling. On issue number one, 

the panel found that the selection 

committee convened in 2006 to select a 

manager for Vending Facility 495 was 

required to determine each candidate’s 

labor percentage for the previous two 

years. 

However, the panel concluded that 

the problem with implementation of the 

2006 rule was that neither the 

Complainant nor the other candidate 

had a labor percentage goal for 2005. In 

order to remedy the two year 

requirement, the selection committee 

decided to apply the Complainant’s and 

the other candidate’s labor goals in 2006 

to their vending facilities in 2005, thus 

providing a labor percentage for the 

two-year period. 

The arbitration panel found that this 

action of the selection committee was 

not patently unfair or an abuse of 

discretion and thus was not in violation 

of state rules and regulations or the Act 

and implementing regulations. 

Regarding issue number two, the 

panel determined that the record 

reflected complaints about the 

successful candidate’s performance at 

prior facilities. However, the evidence 

heard by the panel did not indicate that 

the SLA or any of its staff arbitrarily 

removed documentation from the 

successful candidate’s file or failed to 

submit records in his vending operator 

file to the selection committee. Thus, 

based upon testimony of the selection 

committee members that they were 

aware of the successful candidate’s 

problems at prior facilities, the 

arbitration panel ruled that the 

successful candidate’s problems 

occurred several years earlier and his 

lack of problems and his improvement 

over recent years merited the level of 

scoring that he received from the 

selection committee. 

Concerning issue number three, the 

panel found that there was no dispute 

that the grantor of Vending Facility 495 

did not serve on the selection 

committee. Based on the evidence heard 

by the panel, the grantor was contacted 

via e-mail by the SLA and indicated that 

he believed he was invited to serve on 

the selection committee, but the grantor 

did not recall why he did not attend. 

The Complainant interpreted the 

grantor’s lack of attendance to mean that 

the grantor was not invited by the SLA 

to participate on the selection 

committee in violation of the OAC. 

However, the panel in considering the 

hearing record as a whole determined 

that the Complainant did not meet his 

minimum burden of proof on this issue. 

Finally, regarding issue number four, 

the panel found no violations of the Act, 

implementing regulations under the 

Act, or the state rules and regulations. 

Thus, the panel denied Complainant’s 

grievance. 

The views and opinions expressed by 

the panel do not necessarily represent 

the views and opinions of the 

Department. 

Electronic Access to This Document: 

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Note: The official version of this document 

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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: February 2, 2011. 

Alexa Posny, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2011–2638 Filed 2–4–11; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

National Coal Council; Meeting 

AGENCY: Department of Energy. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces a 

meeting of the National Coal Council 

(NCC) Coal Policy 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, February 22, 2011. 10 

a.m. to 2 p.m. 

ADDRESSES: Hilton Hotel at the Ballpark, 

One South Broadway, St. Louis, 

Missouri 63102. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. Ducker, U.S. Department of 

Energy; 4G–036/Forrestal Building, 

1000 Independence Avenue, SW., 

Washington, DC 20585–1290; 

Telephone: 202–586–7810. 

SUPPLEMENTARY INFORMATION: 

Purpose of Meeting: To provide a 

review by the Committee of the final 

draft of the current study underway by 

the Council on the deployment of 

carbon capture and storage technologies. 

Agenda: Review of the previously 

described draft report. 

Public Participation: The meeting is 

open to the public. 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 

potential items on the agenda, you 

should contact Michael J. Ducker, 202– 

586–7810 or 

Michael.Ducker@hq.doe.gov (e-mail). 

You must make your request for an oral 

statement at least 5 business days before 

the meeting. Reasonable provision will 

be made to include the scheduled oral 

statements on the agenda. The 

Chairperson of the Committee will 

conduct the meeting to facilitate the 

orderly conduct of business. Public 

comment will follow the 10-minute 

rule. 

Minutes: The NCC will prepare 

meeting minutes within 45 days of the 

meeting. The minutes will be posted on 

the NCC Web site at http:// 

www.nationalcoalcouncil.org/. 

Issued at Washington, DC, on February 1, 

2011. 

LaTanya R. Butler, 

Acting Deputy Committee Management 

Officer. 

[FR Doc. 2011–2587 Filed 2–4–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

Energy Efficiency and Renewable 

Energy Advisory Committee (ERAC) 

AGENCY: Department of Energy, Office of 

Energy Efficiency and Renewable 

Energy. 

ACTION: Notice of open meeting. 

SUMMARY: The purpose of the ERAC is 

to provide advice and recommendations 

to the Secretary of Energy on the 

research, development, demonstration, 

and deployment priorities within the 

field of energy efficiency and renewable 

energy. The Federal Advisory 

Committee Act, Public Law 92–463, 86 

Stat. 770, requires that agencies publish 

notice of an advisory committee meeting 

in the Federal Register. 

DATES: Wednesday, March 2, 2011, 9 

a.m.–3 p.m. 

ADDRESSES: Capitol Skyline Hotel, 10 I 

Street, SW., Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

erac@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Purpose of Meeting: To provide 

advice and recommendations to the 


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