Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Notices 17603

100 Federal employees during normal

working hours.

On March 6, 1996, the SLA filed a

request with the Secretary of Education

to convene an arbitration panel

pursuant to the Act and regulations.

On January 23 and 24, 1996, an

arbitration hearing was held concerning

the SLA’s charges of alleged violations

of the Act and regulations by

Reclamation. The issues heard by the

panel were—(1) Whether Reclamation

was responsible for certain relocation

costs of two vending facilities at the

Hoover Dam; (2) whether Reclamation

was required to provide a suitable site

to blind vendors in the newly

constructed parking garage or Visitors

Center at the Hoover Dam and to pay for

relocation costs, architectural fees, and

other associated costs; (3) whether

Reclamation is required to comply with

the vending machine income-sharing

provisions of the Act and implementing

regulations; and (4) whether the SLA

lost its right to claim income from

vending machines based upon waiver,

estoppel, or laches?

Arbitration Panel Decision

The majority of the Arbitration Panel

found that, while Reclamation was not

responsible for relocation costs, it was

nevertheless responsible for providing

suitable sites to the blind licensees

operating the Hoover Dam Store and the

Hoover Dam Snacketeria in the newly

constructed facility under the existing

indefinite permits, without additional

payments of rent and commissions on

sales to Reclamation. The panel stated

that Reclamation may not require, as a

condition of continuing or establishing

a vending facility in the parking ramp

or at the Arizona Lookout, the payment

of commissions on sales, rent, or other

charges not included in the indefinite

permit, nor can Reclamation require the

SLA or the vendors to sign any timelimited contract, special use agreement,

or other document of this kind.

The panel concluded that to require

the SLA to pay rent and commissions on

sales would be a violation of 34 CFR

395.31(d) and would be inconsistent

with the ruling in State of Minnesota,

Department of Jobs and Training v.

Riley, 18 Fd.3rd 606 (8th Cir. 1994).

The panel further found that

Reclamation will move, at its expense,

the stock and equipment owned by the

blind licensees operating the Hoover

Dam Snacketeria and the Hoover Dam

Store from the temporary facilities to the

new location in the parking ramp and

provide space consistent with

discussions held with the SLA. The SLA

will bear the responsibility of the cost

to complete the internal space.

In addition, the panel ruled that

pursuant to 34 CFR 395.32 (a) and (d)

Reclamation is liable to the SLA for 30

percent of all vending machine income

derived since January 2, 1975, from the

machines located inside the Hoover

Dam. Therefore, Reclamation will

identify and account for the revenues

earned since that date that are owed.

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: April 4, 1997.

Judith E. Heumann,

Assistant Secretary for Special Education and

Rehabilitative Services.

[FR Doc. 97–9182 Filed 4–9–97; 8:45 am]

BILLING CODE 4000–01–P

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

November 20, 1996, an arbitration panel

rendered a decision in the matter of

Valerie Hazimeh v. Massachusetts

Commission for the Blind (Docket No.

R–S/96–1). 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, Valerie Hazimeh.

FOR FURTHER INFORMATION CONTACT: A

copy of the full text of the arbitration

panel decision may be obtained from

George F. Arsnow, U.S. Department of

Education, 600 Independence Avenue,

S.W., Room 3230, Mary E. Switzer

Building, Washington D.C. 20202–2738.

Telephone: (202) 205–9317. Individuals

who use a telecommunications device

for the deaf (TDD) may call the TDD

number at (202) 205–8298.

SUPPLEMENTARY INFORMATION: Pursuant

to the Randolph-Sheppard Act (20

U.S.C. 107d–2(c)), 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

Ms. Valerie Hazimeh, complainant,

operated a concession/vending facility

at the Chelsea Soldier’s Home in

Massachusetts in the Spring of 1995.

The operation of this facility included

the selling of lottery tickets.

In May 1995, the Massachusetts

Commission for the Blind, the State

licensing agency (SLA), advertised an

opening of a vending location at the

Department of Veterans Affairs (DVA)

Medical Center, 7th floor, 251 Causeway

Street, Boston, Massachusetts. The

advertisement of this location indicated

that a lottery license would be required

for the sale of lottery tickets.

Subsequently, on June 15, 1995, the

SLA awarded the DVA Medical Center

vending facility to the complainant. Ms.

Hazimeh signed an operator’s agreement

for this location with the understanding

that the sale of lottery tickets was

allowed, as she already was a licensed

dealer of lottery tickets and had made

lottery sales at her former vending

facility location.

On June 26, 1995, DVA informed the

SLA that it would no longer allow

lottery sales at the Medical Center

vending facility due to the fact that the

Center treated persons with addictive

disorders, including gambling.

Following DVA’s denial of the lottery

sales at the Medical Center, the SLA

attempted to persuade the DVA to

reverse its decision. However, DVA

maintained its June 26, 1995, position

suspending lottery sales.

The complainant alleged that the

number of persons affected by a

gambling addiction was small and that

the permit agreement between DVA and

the SLA specifically allowed for the sale

of Massachusetts lottery tickets. The

complainant requested that the SLA file

for an arbitration against DVA, alleging

failure of DVA to comply with the

permit under the provisions of the

Randolph-Sheppard Act (the Act), 20

U.S.C. 107 et seq. The SLA decided not

to file for arbitration against DVA.

However, the SLA offered Ms. Hazimeh

an opportunity to return to her former

vending location, where lottery sales

were permitted, and to bid on the next

available location that would allow

lottery sales.

The complainant rejected the SLA’s

offer and filed a request for a fair

hearing, which was conducted on

November 20, 1995, before an impartial

hearing officer. The hearing officer’s

ruling affirmed the SLA’s decision not

to file for arbitration against DVA. The

hearing officer ruled that the

complainant failed to sustain the burden

of proof that the SLA was obligated to

file for an arbitration against DVA on

her behalf. Further, the hearing officer

ruled that the SLA’s decision not to file

for arbitration against DVA was within

its discretion pursuant to 34 CFR

395.37(a).
17604 Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Notices

On January 17, 1996, the complainant

filed a request for Federal arbitration

with the Secretary of Education

concerning this grievance. An

arbitration hearing on this matter was

held on September 10, 1996.

Arbitration Panel Decision

The issues before the arbitration panel

were—(1) whether the complainant,

Valerie Hazimeh, in accordance with

the permit between the SLA and DVA,

should be permitted to sell lottery

tickets at the DVA Medical Center; and

(2) whether the SLA should be required

to file a complaint with the Secretary of

Education against DVA with respect to

the restriction on the sale of lottery

tickets at the DVA Medical Center.

Regarding the first issue concerning

the permit between the SLA and DVA

which allowed lottery sales, the

arbitration panel stated that the permit

for the Medical Center operation,

initially signed in 1990, was still valid

and had not been modified prior to

complainant’s filing for grievance. The

panel ruled that the existing permit

binds the parties to the original

agreement. Consequently, when Ms.

Hazimeh signed the operator’s

agreement on June 15, 1995, her

contract rights as a third party

beneficiary were fixed pursuant to the

existing permit. Therefore, by

prohibiting the sale of Massachusetts

lottery tickets at the Medical Center,

DVA violated its contract with the SLA.

The second issue concerned whether

the SLA should be required to file a

complaint with the Secretary of

Education against DVA on behalf of

complainant. The panel ruled that 34

CFR 395.37 provides that whenever any

State licensing agency determines that

any department is failing to comply

with the provisions of the Act (here, the

terms and conditions of the permit), and

all informal attempts to resolve the

issues have been unsuccessful, that

licensing agency may file a complaint

with the Secretary. The arbitration panel

concluded that the operative term was

the word ‘‘may,’’ and, therefore, the SLA

had no obligation to file a complaint.

The views and opinions expressed by

the panel do not necessarily represent

the views and opinions of the U.S.

Department of Education.

Dated: April 4, 1997.

Judith E. Heumann,

Assistant Secretary for Special Education and

Rehabilitative Services.

[FR Doc. 97–9183 Filed 4–9–97; 8:45 am]

BILLING CODE 4000–01–P

DEPARTMENT OF ENERGY

Notice of Competitive Financial

Assistance for the Office of Industrial

Technologies

AGENCY: U.S. Department of Energy.

ACTION: Notice of Competitive Financial

Assistance Solicitation.

SUMMARY: The Department of Energy

announces that competitive applications

will be solicited for regional field

management of the Industrial

Assessment Center (IAC) program,

formerly the Energy Analysis and

Diagnostic Center program. The IAC

program provides practical training in

industrial energy and waste

management generating improvements

while giving engineering students and

young professionals practical

experience in the application of these

techniques. Estimated total funding in

the amount of $33,000,000 will be

provided over a five year period of

performance.

ADDRESSES: Solicitation number DE–

PS01–97EE41240 will be available

through the Department of Energy’s

‘‘Current Business Opportunities at

Headquarters Procurement Operations’’

Homepage located at www.pr.doe.gov/

solicit.html. Interested applicants that

do not have internet access may request

a copy of the solicitation by sending a

request with a virus-free diskette and

diskette mailer to U.S. Department of

Energy, Office of Placement and

Administration, Attn: Document Control

Specialist, HR–562, 1000 Independence

Ave., SW., Washington, D.C. 20585.

FOR FURTHER INFORMATION CONTACT: Ms.

Jackie Kniskern, HR–561.21, Office of

Placement and Administration, U.S.

Department of Energy, 1000

Independence Ave., SW., Washington,

D.C. 20585, telephone number (202)

426–0049, e-mail at

jacqueline.kniskern@hq.doe.gov.

SUPPLEMENTARY INFORMATION: The IAC

program, in operation for twenty years,

has been guided by field management

working under policy guidelines

established by the Department of Energy

(DOE). The program has expanded to

provide in-depth, on-site energy, waste

management and productivity

assessments for small- and medium-size

manufacturers, followed by

recommendations for specific dollar

savings. These assessments, conducted

by faculty and students of IAC schools,

are designed to identify energy, waste,

and productivity improvements as

assessment recommendations (ARs)

throughout the plant, e.g., productionrelated services, HVAC, and

housekeeping. During the 6 to 9 month

period following audit report

submission to the client plant, the IAC

conducts a survey of the client to

determine which ARs have been

implemented. This provides a

reasonably accurate and on-going

measure of the effectiveness of the

program.

The Industrial Assessment Center

program provides practical training in

industrial energy and waste

management generating improvements

for increased productivity while giving

young engineering professionals

practical experience in the application

of these techniques, in a working

manufacturing environment. These

young professionals assist senior faculty

and professionals in the collection and

evaluation of energy, waste and

productivity data for client firms.

Students with this background are better

equipped, upon graduation, to perform

energy and waste management

responsibilities in the industrial sector.

Their employment potential is

enhanced because of the practical work

experience they have acquired.

Each IAC Region is administered by a

Regional Field Manager. IAC field

management conducts performance

reviews and evaluations and prepares

analytical and statistical summaries of

all regional data. Schools report

assessment data on line to the IAC data

base. The directors of all IACs meet

annually to review program progress

and to exchange information with each

other. The field manager should be

prepared to provide creative leadership

in the area of industrial energy, waste,

and productivity management, database

management, data aggregation and

analysis, and the preparation of

information and reports for use in

developing training aids and technical

assistance documents.

This assistance action provides

funding for the ultimate operation of

schools participating in the IAC

Program. The field management

responsibility will be awarded for an

eastern field management region and a

western field management region of the

United States as divided by the

Mississippi River. Competitors may

receive awards in either field

management territory. The purpose of

the awards is to provide coordination

and management of the schools

participating in the IAC Program. In

addition, the management of the

national database of the audit and

assessment data from the IAC program

will be awarded.

Pursuant to 10 CFR 600.9, a

solicitation, which will include the

project objectives, application

instructions, evaluation criteria, and a