Federal Register / Vol. 62, No. 214 / Wednesday, November 5, 1997 / Notices 59853

Services, the State licensing agency

(SLA).

Mr. Fracasso was placed on the

Graduate Permanent Transfer Seniority

List, effective November 22, 1991. The

SLA, according to section IX of its Rules

and Regulations governing the

Randolph-Sheppard vending program in

Rhode Island, maintains two lists

regarding vendor transfer and

promotions. One list is a Vendor

Permanent Transfer Seniority List,

which ranks licensed operators based on

the length of time the licensee actually

has operated a vending facility. The

other is a Graduate Permanent Transfer

Seniority List, which ranks graduate

licensees awaiting a vending facility

location by seniority, based upon each

person’s graduation date from the

vending facility training program.

In May 1993, the Woonsocket Post

Office vending facility became open for

bid, and complainant decided not to

submit a bid for this location. Also, no

other licensed operator or licensee

awaiting a vending assignment

submitted a bid at the time of the bid

closing. Subsequently, the SLA assigned

another recent licensee to this location,

which placed the new graduate on the

Vendor Permanent Transfer Seniority

List.

In July 1993 the Providence Health

Lab came up for bid, and Mr. Fracasso

submitted his bid for this location. The

official bidding period closed, and the

SLA notified complainant that the

Providence Health Lab had been

awarded to the licensee who had been

assigned to operate the Woonsocket Post

Office.

Mr. Fracasso requested and received

on December 16, 1993, a State fair

hearing regarding the placement of the

other new licensee at the Providence

Health Lab. The complainant alleged

that the SLA illegally awarded that

location to the other vendor since the

other new vendor never actually

operated the Woonsocket Post Office

vending facility. Mr. Fracasso further

alleged that the SLA’s action in placing

the new graduate on the Vendor

Permanent Transfer Seniority List gave

that vendor an unfair advantage over

complainant in his bid on the

Providence Health Lab.

On March 4, 1994, the Hearing Officer

issued his opinion affirming the SLA’s

decision to place the other new graduate

at the Woonsocket Post Office since no

one else from either of the two transfer

seniority lists had placed a bid on the

facility. The Hearing Officer also

concluded that ‘‘when the health

laboratory vending facility became

subject to a bid solicitation, the award

was granted to the most senior vendor

who bid. The most senior vendor who

bid was the recent graduate from the

training activity who had been awarded

the vending facility in Woonsocket, R.I.

on July 12, 1993.’’

The SLA adopted the Hearing

Officer’s decision as final agency action,

and it was this decision that Mr.

Fracasso sought to have reviewed by a

Federal arbitration panel. A Federal

arbitration hearing was held on

December 4, 1995, concerning this

complaint. On December 20, 1996, the

panel reconvened, one panel member

dissenting, at the request of the

complainant to hear additional

evidence.

The issues heard by the arbitration

panel were—(1) Whether the SLA

violated its bidding procedures in a

manner that adversely affected Mr.

Fracasso; (2) If the SLA were found in

violation of its bidding procedures,

whether an arbitration panel convened

by an administrative agency of the

Executive branch of government could

order a State to pay money damages to

a private individual under the

Randolph-Sheppard Act; and (3) If the

SLA were found in violation of its

bidding procedures, what other

remedies, if any, would be appropriate

to redress the deprivation caused by the

SLA of the complainant’s enforceable

rights.

Arbitration Panel Decision

Based upon the evidence presented at

the hearing on this matter, the majority

of the arbitration panel concurred with

the SLA’s acknowledgement that it had

violated its own bidding procedures in

awarding the Providence Health Lab

vending facility to another vendor.

While admitting the violation, the

SLA stated that the violation was not

intentional and was a result of a

bureaucratic error. The complainant, on

the other hand, argued that the violation

was intentional and was specifically

directed in favor of the other vendor. On

this point, the majority of the panel

ruled that there was no compelling

evidence presented to support the

complainant’s contention that the SLA

intentionally favored the other vendor.

The panel next took up the issue of

what remedies, if any, exist once a

finding has been made that the SLA

violated its bidding procedures.

The majority of the panel ruled, after

extensive review of case law, that any

award that required the State of Rhode

Island to compensate Mr. Fracasso for

misdeeds committed against him is

barred by the sovereign immunity

principle contained in the Eleventh

Amendment to the United States

Constitution despite the fact that the

SLA had violated its own bidding

procedures.

The panel noted further that the

United States Court of Appeals for the

Eighth Circuit in McNabb v. U.S.

Department of Education, 862 F.2d 681

(8th Cir. 1988), has allowed prospective

damages—those that accrue after

initiation of the arbitration—but not

retrospective damages. However, the

panel found that the complainant did

not continue to incur damages as a

result of the SLA’s violation of the Act.

In addition, the panel found that, while

the complainant could be awarded costs

under section 107d–2(d) of the Act,

these costs did not include attorney’s

fees.

Concerning the remedy for the SLA’s

violation affecting complainant’s

seniority rights, the majority of the

arbitration panel ruled that the Eleventh

Amendment presented no bar because

payment of money damages was not

involved. The majority of the panel

found that complainant was entitled to

be reinstated to his appropriate place on

the SLA’s seniority list, and the SLA

was directed to take any and all steps

necessary to reinstate him.

One panel member dissented from the

majority opinion.

The views and opinions expressed by

the panel do not necessarily represent

the views and opinions of the U.S.

Department of Education.

Dated: October 31, 1997.

Judith E. Heumann,

Assistant Secretary for Special Education and

Rehabilitative Services.

[FR Doc. 97–29270 Filed 11–4–97; 8:45 am]

BILLING CODE 4000–01–P

DEPARTMENT OF ENERGY

Environmental Management SiteSpecific Advisory Board, Kirtland Area

Office (Sandia)

AGENCY: Department of Energy

ACTION: Notice of open meeting

SUMMARY: Pursuant to the provisions of

the Federal Advisory Committee Act

(Pub. L. 92–463, 86 Stat. 770) notice is

hereby given of the following Advisory

Committee meeting: Environmental

Management Site-Specific Advisory

Board, Kirtland Area Office (Sandia).

DATE: Wednesday, November 19, 1997:

6:00 p.m.–8:56 p.m. (Mountain Daylight

Time).

ADDRESSES: Los Duranes Community

Center, 2920 Leopoldo NW,

Albuquerque, NM.

FOR FURTHER INFORMATION CONTACT:

Mike Zamorski, Acting Manager,
59854 Federal Register / Vol. 62, No. 214 / Wednesday, November 5, 1997 / Notices

Department of Energy Kirtland Area

Office, P.O. Box 5400, 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.

Tentative Agenda:

6:00 p.m.—Call to Order/Roll Call—

Jamie Wells, Chair

6:02 p.m.—Public Comments

6:12 p.m.—Approval of Agenda

6:14 p.m.—Approval of 10/15/97

Minutes

6:19 p.m.—Chair’s Report—Jamie Wells

6:24 p.m.—1. DOE Quarterly Meeting

7:24 p.m.—Break

7:34 p.m.—2. Self-evaluation

Committee Report—Yugal Behl,

Committee Chair

8:34 p.m.—3. 501(c)3 Non-Profit Status

Report—Paul Catacosinos

8:39 p.m.—4. New/Other Business

8:49 p.m. Public Comments

8:54 p.m.—Announcement of Next

Meeting—January 21, 1998

A final agenda will be available at the

meeting Wednesday, November 19,

1997.

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 Mike Zamorski’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

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 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

9:00 a.m. and 4 p.m., Monday-Friday,

except Federal holidays. Minutes will

also be available by writing to Mike

Zamorski, Department of Energy

Kirtland Area Office, P.O. Box 5400,

Albuquerque, NM 87185, or by calling

(505) 845–4094.

Issued at Washington, DC on October 31,

1997.

Rachel Samuel,

Deputy Advisory Committee Management

Officer.

[FR Doc. 97–29260 Filed 11–4–97; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Environmental Management SiteSpecific Advisory Board, Rocky Flats

Notice of Open Meeting

AGENCY: Department of Energy.

SUMMARY: Pursuant to the provisions of

the Federal Advisory Committee Act

(Pub.L. 92–463, 86 Stat. 770) notice is

hereby given of the following Advisory

Committee meeting: Environmental

Management Site-Specific Advisory

Board (EM SSAB), Rocky Flats.

DATES: Thursday, November 6, 1997: 6

p.m.–9:30 p.m.

ADDRESSES: Westminster City Hall,

Lower-level Multi-purpose Room, 4800

West 92nd Avenue, Westminster, CO.

FOR FURTHER INFORMATION CONTACT:

Ken Korkia, Board/Staff Coordinator,

EM SSAB-Rocky Flats, 9035 North

Wadsworth Parkway, Suite 2250,

Westminster, CO 80021, phone: (303)

420–7855, fax: (303) 420–7579.

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:

1. How plutonium moves in the

natural environment at Rocky Flats.

Scientists are currently studying this

subject and hope to be able to provide

answers about the likelihood of

radioactive materials migrating into the

community from the Rocky Flats site.

2. Highlight the proposed

decommissioning plan for the first

plutonium-contaminated building to be

taken down at Rocky Flats. The cleanup

and demolition process for this building

is scheduled to begin early in 1998.

3. Administrative Business.

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 Ken Korkia 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 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. This

notice is being published less than 15

days in advance of the meeting due to

programmatic issues that needed to be

resolved.

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 9035

North Wadsworth Parkway, Suite 2250,

Westminster, CO 80021; telephone (303)

420–7855. Hours of operation for the

Public Reading Room are 9:00 a.m. and

4:00 p.m. on Monday through Friday.

Minutes will also be made available by

writing or calling Deb Thompson at the

Board’s office address or telephone

number listed above.

Issued at Washington, DC on October 31,

1997.

Rachel Samuel,

Deputy Advisory Committee Management

Officer.

[FR Doc. 97–29261 Filed 11–4–97; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

International Energy Agency Meetings

AGENCY: Department of Energy.

ACTION: Notice of meetings.

SUMMARY: Subject to timely enactment

of legislation to reinstate the antitrust

defense under section 252 of the Energy

Policy and Conservation Act, the

Industry Advisory Board to the

International Energy Agency (IEA) will

meet November 12–13, 1997, at the

IEA’s headquarters in Paris, France to

permit attendance by representatives of

U.S. company members of the IAB at a

joint meeting of the IEA’s Standing

Group on Emergency Questions (SEQ)

and the Standing Group on the Oil

Market and at a meeting of the SEQ.

FOR FURTHER INFORMATION CONTACT:

Samuel M. Bradley, Acting Assistant

General Counsel for International and

Legal Policy, Department of Energy,

1000 Independence Avenue, SW.,

Washington, DC 20585, 202–586–6738.

SUPPLEMENTARY INFORMATION: Subject to

timely enactment of legislation to