26824 Federal Register / Vol. 65, No. 90 / Tuesday, May 9, 2000 / Notices

of Federal Regulations is available on GPO

Access at: http://www.access.gpo.gov/nara/

index.html

SUPPLEMENTARY INFORMATION: Pursuant

to the Randolph-Sheppard Act (20

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

This dispute concerns the alleged

improper denial by the Michigan

Commission for the Blind, the State

licensing agency (SLA), of Mr. Michael

L. Adams’ request to bid on a vending

route at the Kalamazoo Psychiatric

Facility in Kalamazoo, Michigan. A

summary of the facts is as follows: On

October 22, 1996, an opportunity to

manage a vending route became

available and was advertised under the

SLA’s established procedures.

Complainant bid on the vending route.

The SLA found that the candidate with

the most seniority was not in

compliance with its rules and policies.

Complainant alleges that, while he was

second in line in seniority and was in

compliance, he was not selected.

Complainant alleges several

irregularities in the SLA’s procedures in

awarding the vending route. First,

complainant alleges that the SLA failed

to award the vending route in

accordance with its own rules and

regulations regarding the timeframe of

the award.

Second, complainant alleges that he,

as the next qualified bidder, did not

receive an offer from the SLA to operate

the vending route because of complaints

received about him from one of the

facilities on the route. Complainant

further states that, while the vending

route was developed with the full

participation of the Elected Committee

of Blind Vendors, it was changed after

private phone calls to members by the

Business Enterprise Program staff and

was not presented to an open committee

meeting.

Complainant requested an

administrative review of this matter,

which was held on December 12, 1996.

Subsequently, complainant requested

that the SLA convene a full evidentiary

hearing, which was held on March 26,

1997, and April 22, 1997.

In a decision dated May 30, 1997, the

Administrative Law Judge (ALJ)

recommended that the SLA evaluate the

qualifications of the vendors who

responded to the October 22, 1996, bid

announcement for the vending route. If

the SLA found the complainant to be

the successful bidder, the ALJ ruled that

the complainant should, with certain

stipulations, be awarded the vending

route.

In a letter dated June 23, 1997, the

SLA transmitted to complainant a copy

of its final agency action dated June 16,

1997, which rejected the decision of the

ALJ.

On September 15, 1997, complainant

was notified that the SLA intended to

revoke his vending license at the

Kalamazoo Psychiatric Hospital for

alleged failure to comply with routine

business and food service practices and

to sign in and out of the facility. On

November 24, 1997, Mr. Adams filed a

request for a full evidentiary hearing,

which was held on February 10, 1998.

In a decision dated April 22, 1998, the

ALJ recommended that the SLA not

revoke Mr. Adams’ vending facility

license. In a letter dated June 15, 1998,

the SLA transmitted to complainant a

copy of its final agency action rejecting

the ALJ’s decision and revoking Mr.

Adams’ vending license.

In November, 1998, complainant

amended his original complaint to

include the issue of license revocation.

It is these two decisions that

complainant sought to have reviewed by

a Federal arbitration panel. An

arbitration panel heard these matters on

April 27, 1999, and on August 17 and

20, 1999, respectively.

Arbitration Panel Decision

The issues before the arbitration panel

were (1) whether the Michigan

Commission for the Blind violated the

Act (20 U.S.C. 107b–1(3)), the

implementing regulations (34 CFR

395.14), and its own rules and

regulations in allegedly improperly

denying the complainant’s bid on a

vending route; and (2) whether the

Michigan Commission for the Blind

violated the Act, implementing

regulations, and its own rules and

regulations in improperly revoking Mr.

Adams’ vending license.

In a decision dated August 29, 1999,

regarding issue #1, the majority of the

panel after deliberation determined to

adopt in total the decision and

recommendation of the ALJ dated May

30, 1997. The majority ruled that Mr.

Adams be compensated as follows: Mr.

Adams must, for 12 months from the

date of the award, be considered a

priority bidder for any location within

50 miles of his home for any location or

route for which he is qualified.

Additionally, Mr. Adams is to respond

to any offer with regard to a route or

location within 7 days of that

announcement.

Concerning issue #2, the

complainant’s license revocation, the

majority of the panel after reviewing the

ALJ’s decision on April 22, 1998,

determined that it should be adopted in

total. The panel further ruled that Mr.

Adams’ vending license should be

reinstated immediately and that Mr.

Adams is to receive unbroken seniority

from his original date of seniority to the

present time.

One panel member dissented.

The views and opinions expressed by

the panel do not necessarily represent

the views and opinions of the U.S.

Department of Education.

Dated: May 3, 2000.

Judith E. Heumann,

Assistant Secretary for Special Education and

Rehabilitative Services.

[FR Doc. 00–11500 Filed 5–8–00; 8:45 am]

BILLING CODE 4000–01–P

DEPARTMENT OF ENERGY

Environmental Management SiteSpecific Advisory Board, Los Alamos

AGENCY: Department of Energy.

ACTION: Notice of open meeting.

SUMMARY: This notice announces a

meeting of the Environmental

Management Site-Specific Advisory

Board (EM SSAB), Los Alamos. The

Federal Advisory Committee Act (Pub.

L. No. 92–463, 86 Stat. 770) requires

that public notice of these meetings be

announced in the Federal Register.

DATES: Wednesday, May 24, 2000, 6

p.m.–9 p.m.

ADDRESSES: Highlands University,

Kennedy Hall, 11th Street & University

Avenue, Las Vegas, NM.

FOR FURTHER INFORMATION CONTACT: Ann

DuBois, Northern New Mexico Citizens’

Advisory Board, 1640 Old Pecos Trail,

Suite H, Santa Fe, NM 87505. Phone:

505–989–1662; Fax: 505–989–1752; Email: adubois@doeal.gov; or Internet

http:www.nmcab.org

SUPPLEMENTARY INFORMATION:

Purpose of the Board

The purpose of the Board is to make

recommendations to DOE and its

regulators in the areas of environmental

restoration, waste management, and

related activities.

Tentative Agenda

6:00 p.m.–6:30 p.m. Opening

Activities

6:30 p.m.–7:00 p.m. Public Comment,

Committee Reports: Environmental

Restoration

Monitoring and Surveillance

Waste Management

Community Outreach

Federal Register / Vol. 65, No. 90 / Tuesday, May 9, 2000 / Notices 26825

Budget

Other Board business will be

conducted as necessary.

Public Participation

The meeting is open to the public.

Written statements may be filed with

the Committee either before or after the

meeting. Individuals who wish to make

oral statements pertaining to agenda

items should contact Ann DuBois at the

address or telephone number listed

above. Requests must be received 5 days

prior to the meeting and reasonable

provision will be made to include the

presentation in the agenda. The Deputy

Designated Federal Official is

empowered to conduct the meeting in a

fashion that will facilitate the orderly

conduct of business. Each individual

wishing to make public comment will

be provided a maximum of 5 minutes to

present their comments at the beginning

of the meeting.

Minutes

The minutes of this meeting will be

available for public review and copying

at the Freedom of Information Public

Reading Room, 1E–190, Forrestal

Building, 1000 Independence Avenue

SW, Washington, DC 20585 between 9

a.m. and 4 p.m., Monday–Friday, except

Federal holidays. Minutes will also be

available at the Public Reading Room

located at the Board’s office at 528 35th

Street, Los Alamos, NM 87544. Hours of

operation for the Public Reading Room

are 9 a.m. and 4 p.m. on Monday–

Friday. Minutes will also be made

available by writing or calling Ann

DuBois at the Board’s office address or

telephone number listed above.

Issued at Washington, DC on May 4, 2000.

Rachel M. Samuel,

Deputy Advisory Committee Management

Officer.

[FR Doc. 00–11582 Filed 5–8–00; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Environmental Management SiteSpecific Advisory Board, Savannah

River

AGENCY: Department of Energy.

ACTION: Notice of open meeting.

SUMMARY: This notice announces a

meeting of the Environmental

Management Site-Specific Advisory

Board (EM SSAB), Savannah River.

Federal Advisory Committee Act (Pub.

L. No. 92–463, 86 Stat. 770) requires

that public notice of these meetings be

announced in the Federal Register.

DATES: Monday, May 22, 2000; 3:30

p.m.–9 p.m. Tuesday, May 23, 2000;

8:30 a.m.–4 p.m.

ADDRESSES: All meetings will be held at:

DeSoto Hilton, 15 East Liberty Street,

Savannah, GA 31412.

FOR FURTHER INFORMATION CONTACT:

Gerri Flemming, Office of

Environmental Quality, Department of

Energy Savannah River Operations

Office, P.O. Box A, Aiken, SC 29802;

(803) 725–5374.

SUPPLEMENTARY INFORMATION:

Purpose of the Board

The purpose of the Board is to make

recommendations to DOE and its

regulators in the areas of environmental

restoration, waste management and

related activities.

Tentative Agenda

Monday, May 22, 2000

3:30 p.m. Executive Committee

6:30 p.m. Public Comment Session

7:00 p.m. Committee Meetings

9:00 p.m. Adjourn

Tuesday, May 23, 2000

8:30 a.m. Approval of Minutes,

Agency Updates

Public Comment Session

Facilitator Update

Nuclear Materials Committee Report

Strategic and Long Term Issues

Committee Report

Public Comment

12 p.m. Lunch Break

1 p.m. Center for Disease Health

Effects Subcommittee Presentation

Waste Management Committee Report

Environmental Remediation

Committee Report

Administrative Committee Report

Public Comments

4 p.m. Adjourn

If needed, time will be allotted after

public comments for items added to the

agenda, and administrative details. A

final agenda will be available at the

meeting.

Public Participation

The meeting is open to the public.

Written statements may be filed with

the Committee either before or after the

meeting. Individuals who wish to make

oral statements pertaining to agenda

items should contact Gerri Flemming’s

office at the address or telephone

number listed above. Requests must be

received 5 days prior to the meeting and

reasonable provision will be made to

include the presentation in the agenda.

The Deputy Designated Federal Official

is empowered to conduct the meeting in

a fashion that will facilitate the orderly

conduct of business. Each individual

wishing to make public comment will

be provided a maximum of 5 minutes to

present their comments. This notice is

being published less than 15 days before

the date of the meeting due to

programmatic issues that needed to be

resolved prior to publication.

Minutes

The minutes of this meeting will be

available for public review and copying

at the Freedom of Information Public

Reading Room, 1E–190, Forrestal

Building, 1000 Independence Avenue

SW, Washington, DC 20585 between 9

a.m. and 4 p.m., Monday–Friday except

Federal holidays. Minutes will also be

available by writing to Gerri Flemming,

Department of Energy Savannah River

Operations Office, P.O. Box A, Aiken,

SC 29802, or by calling (803) 725–5374.

Issued at Washington, DC on May 4, 2000.

Rachel Samuel,

Deputy Advisory Committee Management

Officer.

[FR Doc. 00–11583 Filed 5–8–00; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Environmental Management SiteSpecific Advisory Board, Sandia

AGENCY: Department of Energy.

ACTION: Notice of open meeting.

SUMMARY: Pursuant to the provisions of

the Federal Advisory Committee Act

(Pub. L. No. 92–463, 86 Stat. 770) notice

is hereby given of the following

Advisory Committee meeting:

Environmental Management SiteSpecific Advisory Board (EM–SSAB),

Kirtland Area Office (Sandia).

DATES: Wednesday, May 17, 2000, 5:30

p.m.–9 p.m. (MST).

ADDRESSES: West Mesa Community

Center, 5500 Glenrio Street, NW,

Albuquerque, NM 87185, (505) 768–

3499.

FOR FURTHER INFORMATION CONTACT:

Mike Zamorski, Acting Manager,

Department of Energy Kirtland Area

Office, P.O. Box 5400, MS–0184,

Albuquerque, NM 87185 (505) 845–

4094.

SUPPLEMENTARY INFORMATION:

Purpose of the Board

The purpose of the Board is to make

recommendations to DOE and its

regulators in the areas of environmental

restoration, waste management, and

related activities.