Federal Register / Vol. 62, No. 145 / Tuesday, July 29, 1997 / Notices 40511

Background

This dispute arose as the result of the

revocation of Mr. Robert Smith’s

vending license by the Michigan

Commission for the Blind, the State

licensing agency (SLA). The SLA

alleged that Mr. Smith failed to comply

with several vending facility program

rules governing the operation and

administration of the Michigan Business

Enterprise Program.

Mr. Smith had operated facilities in

the SLA’s vending facility program

since May, 1987. His most recent

assignment was the Mason Building

Cafeteria, which he operated from

September 1993 until his license

revocation, which was effective June 16,

1995.

The SLA alleged that Mr. Smith failed

to—(1) Furnish reports in a proper

manner; (2) pay set-aside fees in a

timely fashion by the required due date;

(3) operate the facility in accordance

with applicable health laws and rules;

(4) cooperate with commission

representatives in the performance of

official duties and responsibilities; and

(5) pay food suppliers in a timely

manner in accordance with applicable

credit policies.

On June 23, 1995, Mr. Smith filed a

request with the SLA for a full

evidentiary hearing stating that he had

complied with all applicable rules and

regulations concerning the Mason

Building Cafeteria. A State fair hearing

was held on January 4, 1996.

On January 19, 1996, an

Administrative Law Judge (ALJ)

recommended that, based on the hearing

testimony, Mr. Smith’s license not be

revoked and that the SLA continue to

assist him with respect to the

deficiencies relating to the management

and operation of the Mason Building

Cafeteria.

By letter dated March 6, 1996, Mr.

Smith was informed that the Michigan

Commission for the Blind Board of

Directors on February 19, 1996, rejected

the recommendation of the ALJ that

complainant’s license not be revoked.

This decision constituted final agency

action.

Mr. Smith sought review of this

decision by a Federal arbitration panel.

A hearing on this case was held on

August 1, 1996.

Arbitration Panel Decision

The issues before the arbitration panel

were—(1) Whether the SLA’s action in

revoking Mr. Smith’s license to operate

the Mason Building Cafeteria was in

accordance with the RandolphSheppard Act (the Act), implementing

regulations, and State rules and

regulations; and (2) whether the SLA

engaged in undue harassment and

caused injury to the complainant by his

license revocation and the closing of the

cafeteria.

A majority of the panel ruled that Mr.

Smith was in violation of the Act,

implementing regulations, and State

rules and regulations by reason of his

failure to furnish reports as required and

to pay set-aside fees. In addition, the

majority of the panel found that Mr.

Smith did not operate the facility in

accordance with health laws and rules.

Not only was he in violation of the laws

administered by the county health

department, but he failed to meet the

health and safety standards of the SLA.

Mr. Smith also failed to follow specific

instructions concerning sanitation and

disposal of waste products and to pay

for merchandise in accordance with the

terms of credit of his suppliers.

Further, the majority of the arbitration

panel stated that the allegation of

harassment had been carefully

examined and found to be without

merit. There had been no showing

through testimony or evidence that Mr.

Smith was treated disparately or that the

rules were applied to him in an arbitrary

or capricious manner.

The majority of the panel concluded

that the SLA’s action in revoking Mr.

Smith’s license was in accordance with

the Act, the implementing regulations,

and State rules and regulations and that

Mr. Smith was not subjected to undue

harassment in the operation of his

facility.

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: July 23, 1997.

Judith E. Heumann,

Assistant Secretary for Special Education and

Rehabilitative Services.

[FR Doc. 97–19866 Filed 7–28–97; 8:45 am]

BILLING CODE 4000–01–P

DEPARTMENT OF ENERGY

[FE Docket No. 97–36–NG]

Office of Fossil Energy; Coastal Gas

Marketing Company; Order Granting

Long-Term Authorization To Import

Natural Gas From Canada

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of order.

SUMMARY: The Office of Fossil Energy of

the Department of Energy gives notice

that it has issued an order granting

Coastal Gas Marketing Company (CGM)

long-term authorization to import up to

5 MMcf of natural gas of Canadian

natural gas for a period of ten years,

beginning on November 1, 1997, under

the terms and conditions of a letter

agreement dated February 20, 1997,

with Ranger Oil Limited. This natural

gas may be imported at Niagara Falls,

New York, or at alternative border

points with transportation facilities

accessible by CGM.

This order is available for inspection

and copying in the Office of Natural Gas

& Petroleum Import and Export

Activities docket room, 3F–056,

Forrestal Building, 1000 Independence

Avenue, SW., Washington, DC 20585,

(202) 586–9478. The docket room is

open between the hours of 8:00 a.m. and

4:30 p.m., Monday through Friday,

except Federal holidays.

Issued in Washington, D.C., July 7, 1997.

Wayne E. Peters,

Manager, Natural Gas Regulation, Office of

Natural Gas and Petroleum Import and Export

Activities, Office of Fossil Energy.

[FR Doc. 97–19918 Filed 7–28–97; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

[FE Docket No. 97–41–NG]

Office of Fossil Energy; Coenergy

Trading Company; Order Granting

Long-Term Authorization To Export

Natural Gas To Canada For

Subsequent Re-Import To The United

States

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of order.

SUMMARY: The Office of Fossil Energy of

the Department of Energy gives notice

that it has issued DOE/FE Order No.

1280 on June 20, 1997, granting

CoEnergy Trading Company a ten-year

authorization to export up to 80,000 Mcf

per day (29.2 Bcf annually) to Canada

for re-import to the United States. The

term of the authorization is for a period

commencing November 1, 1998, through

October 31, 2008. This gas may be

exported from the United States at the

existing interconnection of TransCanada

PipeLines Limited and Great Lakes Gas

Transmission Limited Partnership near

St. Clair, Michigan, and re-imported

into the United States at the

interconnection of the Trans Quebec

and Maritimes Pipeline and the

proposed Portland Natural Gas

Transmission System near Pittsburg,

New Hampshire.

This order is available for inspection

and copying in the Office of Natural Gas

& Petroleum Import and Export