Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Notices 30093

Dated: May 4, 2000.

L.M. Bynum,

Alternate, OSD Federal Liaison Officer,

Department of Defense.

[FR Doc. 00–11602 Filed 5–9–00; 8:45 am]

BILLING CODE 5001–10–M

DEPARTMENT OF DEFENSE

The Joint Staff; National Defense

University (NDU), Board of Visitors

(BOV); Meeting

AGENCY: National Defense University.

ACTION: Notice of meeting.

SUMMARY: The President, National

Defense University has scheduled a

meeting of the Board of Visitors.

DATES: The meeting will be held

between 1230–1530 on June 23, 2000.

ADDRESSES: The meeting will be held in

Room 155B, Marshall Hall, Building 62,

Fort Lesley J. McNair, Washington, D.C.

FOR FURTHER INFORMATION CONTACT:

Director, University Operations,

National Defense University Fort Lesley

J. McNair, Washington, D.C. 20319–

6000. To reserve space, interested

persons should phone (202) 685–3937.

SUPPLEMENTARY INFORMATION: The

agenda will include present and future

educational and research plans for the

National Defense University and its

components. The meeting is open to the

public, but the limited space available

for observers will be allocated on a first

come, first served basis.

Dated: May 4, 2000.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 00–11603 Filed 5–9–00; 8:45 am]

BILLING CODE 5001–10–M

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: Notice is hereby given that on

March 16,1999, and August 13, 1999, an

arbitration panel rendered decisions on

both merit and remedy in the matter of

James E. Waldie v. Alabama

Department of Rehabilitation Services

(Docket No. R–S/97–13). This panel was

convened by the U.S. Department of

Education pursuant to 20 U.S.C. 107d–

1(a) upon receipt of a complaint filed by

petitioner, James E. Waldie.

FOR FURTHER INFORMATION: A copy of the

full text of the arbitration panel decision

may be obtained from George F.

Arsnow, U.S. Department of Education,

400 Maryland Avenue, SW., room 3230,

Mary E. Switzer Building, Washington

DC 20202–2738. Telephone: (202) 205–

9317. If you use a telecommunications

device for the deaf (TDD), you may call

the TDD number at (202) 205–8298.

Individuals with disabilities may

obtain this document in an alternate

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

audiotape, or computer diskette) on

request to the contact person listed in

the preceding paragraph.

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 either of the following sites:

http://ocfo.ed.gov/fedreg.htm

http://www.ed.gov/news.html

To use the PDF you must have the

Adobe Acrobat Reader, which is

available free at either of the previous

sites. If you have questions about using

the 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.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 Alabama

Department of Rehabilitation Services,

the State licensing agency (SLA), of Mr.

James E. Waldie’s request to bid on a

full food service vending facility at Fort

McClellan, Anniston, Alabama. A

summary of the facts is as follows: In

April 1996, the SLA informed licensed

blind vendors of an opportunity to

manage a full food service vending

facility at Fort McClellan, Anniston,

Alabama. Twelve persons bid on the

Fort McClellan vending facility

including Mr. James E. Waldie. On April

23, 1996, the selection committee,

which included members of the Elected

Committee of Blind Vendors, met to

make the selection for the Fort

McClellan vending facility. Following

the selection committee’s evaluation,

they unanimously awarded the Fort

McClellan location to another vendor.

The decision to award the location to

another vendor rather than complainant

was based upon the successful vendor

receiving the highest total number of

points of any applicant, including

additional points for seniority.

Mr. Waldie was informed of the SLA’s

decision to award the bid to another

vendor for the Fort McClellan vending

facility. Complainant requested that the

SLA convene a full evidentiary hearing

on this matter, which was held on

January 2, 1997.

Following the hearing, the hearing

officer affirmed the selection

committee’s decision to award the Fort

McClellan bid to the other vendor, and

the SLA adopted the hearing officer’s

decision as final agency action. It is this

decision that complainant sought to

have reviewed by a Federal arbitration

panel. An arbitration panel heard this

matter on November 16, 1998,

concerning the merits of the case and on

May 26, 1999, regarding the remedy

given to Mr. Waldie.

Arbitration Panel Decision

The issue before the arbitration panel

was whether the Alabama Department

of Rehabilitation Services violated the

policies and procedures governing the

Business Enterprise Program of Alabama

during the selection of a vendor/

manager for the Fort McClellan,

Anniston, Alabama facility pursuant to

the Act (20 U.S.C. 107 et seq.) and the

implementing regulations (34 CFR part

395).

In ruling on the merits of the case, a

majority of the panel determined that

the successful bidder should have been

disqualified since that vendor did not

fulfill the training requirements for

managing a full food service operation

such as the Fort McClellan vending

facility. In reaching that conclusion, the

majority of the panel noted that the SLA

had sponsored a special 18-week

program dedicated solely to cafeteria

operations and had stated that specific

cafeteria training was a prerequisite for

any individual to be selected for a

cafeteria facility under the Business

Enterprise Program.

The majority of the panel further

noted that Mr. Waldie had completed

this training while the successful bidder

for the Fort McClellan vending facility

had never taken this or similar cafeteria

training. The majority of the panel

concluded that, since the full food

service operation at Fort McClellan was

the equivalent of a cafeteria, the

30094 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Notices

successful bidder should have been

disqualified for lack of training.

Similarly the panel ruled that the

successful bidder lacked food

preparation experience and, therefore,

did not meet the experience

requirements for managing a full food

service operation.

One panel member dissented.

In ruling on the question of remedy,

a majority of the panel determined that

Mr. Waldie did not prove under the

facts of the case that he was entitled to

damages. The panel ruled that had the

successful bidder been disqualified,

there was another individual with a

higher score than Mr. Waldie who

would have been chosen as the

successful bidder for the Fort McClellan

food service operation. The panel noted

both the Eleventh Amendment and the

Eleventh Circuit Court of Appeals

decision in Georgia Department of

Human Resources v. Nash 915 F.2d

1482 (11th Cir. 1990) barring the award

of damages.

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 4, 2000.

Judith E. Heumann,

Assistant Secretary for Special Education and

Rehabilitative Services.

[FR Doc. 00–11593 Filed 5–9–00; 8:45 am]

BILLING CODE 4000–01–P

DEPARTMENT OF ENERGY

Idaho Operations Office; Notice of

Availability of Solicitation for Awards

of Financial Assistance

AGENCY: Idaho Operations Office, DOE.

ACTION: Notice of availability of

solicitation—Aluminum Visions of the

Future.

SUMMARY: The U.S. Department of

Energy (DOE) Idaho Operations Office

(ID) is seeking applications for costshared research and development of

technologies which will reduce energy

consumption, reduce environmental

impacts and enhance economic

competitiveness of the domestic

aluminum industry. The research is to

address research priorities identified by

the aluminum industry in the

Aluminum Industry Technology

Roadmap and the Inert Anode

Roadmap, (available at the following

URL: http://www.oit.doe.gov/

aluminum/alindust.shtml).

DATES: The Standard Form 424, and the

technical application (20 page

maximum), must be submitted by 3:00

p.m. MST on Wednesday, July 12, 2000.

ADDRESSES: Applications should be

submitted to: Elizabeth Dahl, Contract

Specialist, Procurement Services

Division, U.S. Department of Energy,

Idaho Operations Office, 850 Energy

Drive, Mail Stop 1221, Idaho Falls,

Idaho 83401–1563.

FOR FURTHER INFORMATION CONTACT:

Elizabeth Dahl, Contract Specialist at

dahlee@id.doe.gov, facsimile at (208)

526–5548, or by telephone at (208) 526–

7214.

SUPPLEMENTARY INFORMATION:

Approximately $3,000,000 in combined

fiscal year 2000 and 2001 federal funds

is expected to be available to totally

fund the first year of selected research

efforts. DOE anticipates making four to

six awards each with a duration of four

years or less. This solicitation is

requiring 50% cost share to ensure

industrial involvement in each of the

proposals and to ensure that the novel,

energy efficient processes developed by

this R&D program will be fully

implemented by industry. There will be

no waivers of this cost share

requirement. Multi-partner

collaborations between industry,

university, and National Laboratory

participants are encouraged. The

issuance date of Solicitation Number

DE–PS07–00ID13914 is on or about May

8, 2000. The solicitation is available in

its full text via the Internet at the

following address: http://

www.id.doe.gov/doeid/PSD/procdiv.html. The statutory authority for this

program is the Federal Non-Nuclear

Energy Research and Development Act

of 1974 (Public Law 93–577). The

Catalog of Federal Domestic Assistance

(CFDA) Number for this program is

81.086.

Issued in Idaho Falls on May 3, 2000.

R.J. Hoyles,

Director, Procurement Services Division.

[FR Doc. 00–11728 Filed 5–9–00; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Idaho Operations Office, Trespassing

On DOE Property: Idaho Operations

Office Properties

AGENCY: Idaho Operations Office,

Department of Energy.

ACTION: Notice of designation of Idaho

operations office properties and

facilities as off-limits areas.

SUMMARY: The Department of Energy

(DOE) hereby amends and adds to the

previously published site descriptions

of various DOE and contractor occupied

buildings as Off-Limits Areas. The

locations are in Idaho Falls, Idaho, and

various DOE vehicle/bus parking lots,

which are located in Idaho Falls,

Blackfoot, Mackay, Rexburg, Rigby,

Highway 20 and Shelley New Sweden

Road, and Pocatello. In accordance with

10 CFR Part 860, it is a federal crime

under 42 U.S.C. 2278a for unauthorized

persons to enter into or upon these

Idaho Operations Office properties and

facilities. If unauthorized entry into or

upon these properties is into an area

enclosed by a fence, wall, floor, roof or

other such standard barrier, conviction

for such unauthorized entry may result

in a fine of not more than $100,000 or

imprisonment for not more than one

year or both. If unauthorized entry into

or upon the properties is into an area

not enclosed by a fence, wall, floor, roof,

or other such standard barrier,

conviction for such unauthorized entry

may result in a fine of not more than

$5,000.

EFFECTIVE DATE: May 10, 2000.

FOR FURTHER INFORMATION CONTACT: Jo

Ann Williams, Office of General

Counsel, 1000 Independence Avenue,

SW., Washington, DC 20585, (202) 586–

6975, or M.M. McKnight, Office of Chief

Counsel, Idaho Operations Office, 850

Energy Drive Place, Idaho Falls, Idaho

83401, (208) 526–0275.

SUPPLEMENTARY INFORMATION: The

Department of Energy (DOE), successor

agency to the Atomic Energy

Commission (AEC), is authorized,

pursuant to § 229 of the Atomic Energy

Act of 1954, as amended (42 U.S.C.

2278a), and § 104 of the Energy

Reorganization Act of 1974 (42 U.S.C.

5814), as implemented by 10 CFR Part

860, published in the Federal Register

on September 14, 1993 (58 FR 47984–

47985), and § 301 of the Department of

Energy Organization Act (42 U.S.C.

7151), to prohibit unauthorized entry

and the unauthorized introduction of

weapons or dangerous materials into or

upon any DOE facility, installation or

real property. By notices dated August

5, 1988, (53 FR 29512), January 23, 1987

(52 FR 2580), and November 1, 1983 (48

FR 50390), DOE prohibited

unauthorized entry into or upon the

Idaho National Engineering Laboratory

(now the Idaho National Engineering

and Environmental Laboratory, or

INEEL), and various DOE and contractor

occupied facilities, including the

Willow Creek Building and the DOE

Headquarters Building. This notice

includes DOE Vehicles and Bus Parking

Facilities located in Idaho Falls, Arco,

on Highway 20, Bonneville County,