Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Notices 17601

(B) Waivers Approved Under the

Maintenance of Effort Waiver Authority

in Section 14501(c) of the ESEA

(1) Name of Applicant: Nebraska

Department of Education, Lincoln, NE.

Requirement Waived: Section

14501(a) for Title I, Part A; Title II; and

Title IV of the ESEA.

Duration of Waiver: Through the

duration of the reauthorization period.

Date Granted: August 19, 1996.

(C) States Selected for Participation in

the Education Flexibility Partnership

Demonstration Program Under Section

311(e) of the Goals 2000: Educate

America Act

(1) State: Colorado.

Duration of Ed-Flex Authority: Five

years.

Date Granted: July 10, 1996.

(2) State: New Mexico.

Duration of Ed-Flex Authority: Five

years.

Date Granted: August 30, 1996.

FOR FURTHER INFORMATION CONTACT:

Collette Roney on the Department’s

Waiver Assistance Line at (202) 401–

7801. The Department’s Waiver

Guidance, which provides examples of

waivers, explains the waiver authorities

in detail, and describes how to apply for

a waiver, is also available at this

number. In addition, the guidance and

other information on flexibility are

available at the Department’s World

Wide Web site at http://www.ed.gov/

flexibility.

Individuals who use a

telecommunications device for the deaf

(TDD) may call the Federal Information

Relay Service (FIRS) at 1–800–877–8339

between 8 a.m. and 8 p.m., Eastern time,

Monday through Friday.

Dated: March 27, 1997.

Marshall S. Smith,

Acting Deputy Secretary.

[FR Doc. 97–9185 Filed 4–9–97; 8:45 am]

BILLING CODE 4000–01–P

DEPARTMENT OF EDUCATION

[CFDA No.: 84.033]

Office of Postsecondary Education;

Federal Work-Study Programs

AGENCY: Department of Education.

ACTION: Notice of the closing date for

institutions to submit a request for a

waiver of the requirement that an

institution shall use at least five percent

of the total amount of its Federal WorkStudy (FWS) Federal funds granted for

the 1997–98 award year to compensate

students employed in community

service jobs.

SUMMARY: The Secretary gives notice to

institutions of higher education of the

deadline for an institution to submit a

written request for a waiver of the

statutory requirement that an institution

shall use at least five percent of its total

FWS Federal funds granted for the

1997–98 award year (July 1, 1997

through June 30, 1998) to compensate

students employed in community

service jobs.

DATES: Closing Date for submitting a

Waiver Request and any Supporting

Information or Documents. To request a

waiver of the requirement that an

institution use at least five percent of

the total amount of its FWS Federal

funds granted for the 1997–98 award

year to compensate students employed

in community service jobs, an

institution must mail or hand-deliver its

waiver request and any supporting

information or documents on or before

June 20, 1997. The Department will not

accept a waiver request submitted by

facsimile transmission. The waiver

request must be submitted to the

Institutional Financial Management

Division at one of the addresses

indicated below.

ADDRESSES: Waiver Request and any

Supporting Information or Documents

Delivered by Mail. The waiver request

and any supporting information or

documents delivered by mail must be

addressed to Ms. Sandra Donelson,

Institutional Financial Management

Division, U.S. Department of Education,

P.O. Box 23781 Washington, D.C.

20026–0781.

An applicant must show proof of

mailing its waiver request by June 20,

1997. Proof of mailing consist of one of

the following: (1) A legible mail receipt

with the date of mailing stamped by the

U.S. Postal Service, (2) a legibly dated

U.S. Postal Service postmark, (3) a dated

shipping label, invoice, or receipt from

a commercial carrier, or (4) any other

proof of mailing acceptable to the U.S.

Secretary of Education.

If a waiver request is sent through the

U.S. Postal Service, the Secretary does

not accept either of the following as

proof of mailing: (1) A private metered

postmark, or (2) a mail receipt that is

not dated by the U.S. Postal Service. An

institution should note that the U.S.

Postal Service does not uniformly

provide a dated postmark. Before

relying on this method, an institution

should check with its local post office.

An institution is encouraged to use

certified or at least first-class mail.

Institutions that submit waiver requests

and any supporting information or

documents after the closing date will

not be considered for a waiver.

Waiver Requests and any Supporting

Information or Documents Delivered by

Hand. A waiver request and any

supporting information or documents

delivered by hand must be taken to Ms.

Sandra Donelson, Campus-Based

Financial Operations Branch,

Institutional Financial Management

Division, Accounting and Financial

Management Service, Student Financial

Assistance Programs, U.S. Department

of Education, Room 4714, Regional

Office Building 3, 7th and D Streets,

S.W., Washington, D.C.

Hand-delivered waiver requests will

be accepted between 8:00 a.m. and 4:30

p.m. daily (Eastern time), except

Saturdays, Sundays, and Federal

holidays. A waiver request for the 1997–

98 award year that is hand-delivered

will not be accepted after 4:30 p.m. on

June 20, 1997.

SUPPLEMENTARY INFORMATION: Under

section 443(b)(2)(A) of the Higher

Education Act of 1965, as amended

(HEA), an institution must use at least

five percent of the total amount of its

FWS Federal funds granted for an award

year to compensate students employed

in community service, except that the

Secretary may waive this requirement if

the Secretary determines that enforcing

it would cause hardship for students at

the institution. The institution must

submit a written waiver request and any

supporting information or documents by

the established June 20, 1997 closing

date.

The waiver request must be signed by

an appropriate institutional official and

above the signature the official must

include the statement: ‘‘I certify that the

information the institution provided in

this waiver request is true and accurate

to the best of my knowledge. I

understand that the information is

subject to audit and program review by

representatives of the Secretary of

Education.’’ If the institution submits a

waiver request and any supporting

information or documents after June 20,

1997 the request will not be considered.

To receive a waiver, an institution

must demonstrate that complying with

the five percent requirement would

cause hardship for students at the

institution. To allow flexibility to

consider factors that may be valid

reasons for a waiver, the Secretary is not

specifying the particular circumstances

that would support granting a waiver.

However, the Secretary does not foresee

many instances in which a waiver will

be granted. The fact that it may be

difficult for the institution to comply

with this provision of the HEA is not a

basis for granting a waiver.
17602 Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Notices

Applicable Regulations

The following regulations apply to the

Federal Work-Study program:

(1) Student Assistance General

Provisions, 34 CFR Part 668.

(2) Federal Work-Study Programs, 34

CFR Part 675.

(3) Institutional Eligibility Under the

Higher Education Act of 1965, as

amended, 34 CFR Part 600.

(4) New Restrictions on Lobbying, 34

CFR Part 82.

(5) Government Debarment and

Suspension (Nonprocurement) and

Government Requirements for Drug-Free

Workplace (Grants), 34 CFR Part 85.

(6) Drug-Free Schools and Campuses,

34 CFR Part 86.

FOR FURTHER INFORMATION CONTACT: To

receive information, contact Ms. Sandra

Donelson, Institutional Financial

Management Division, U.S. Department

of Education, P.O. Box 23781

Washington, D.C. 20026–0781.

Telephone (202) 708–9751. Individuals

who use a telecommunications device

for the deaf (TDD) may call the Federal

Information Relay Service (FIRS) at 1–

800–877–8339 between 8 a.m. and 8

p.m., Eastern time, Monday through

Friday.

Authority: 42 U.S.C. 2753.

Dated: March 21, 1997.

David A. Longanecker,

Assistant Secretary, for Postsecondary

Education.

[FR Doc. 97–9184 Filed 4–9–97; 8:45 am]

BILLING CODE 4000–01–P

DEPARTMENT OF EDUCATION

President’s Board of Advisors on

Historically Black Colleges and

Universities; Meeting

AGENCY: President’s Board of Advisors

on Historically Black Colleges and

Universities, Education.

ACTION: Notice of meeting.

SUMMARY: This notice sets forth the

schedule and agenda of the initial

meeting of the President’s Board of

Advisors on Historically Black Colleges

and Universities. This notice also

describes the functions of the Board.

Notice of this meeting is required under

Section 10(a)(2) of the Federal Advisory

Committee Act.

DATES AND TIMES: Tues. May 6, 1997

from 2:00 pm to 5:00 pm, and Wed. May

7, 1997 from 9:00 am to 5:00 pm.

ADDRESSES: Sheraton City Centre Hotel,

1143 New Hampshire Av. NW,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Amy Billingsley, White House Initiative

on Historically Black Colleges and

Universities, U.S. Department of

Education, 600 Independence Avenue,

SW, The Portals Building, Suite 605,

Washington, DC 20202–5120.

Telephone: (202) 708–8667.

SUPPLEMENTARY INFORMATION: The

President’s Board of Advisors on

Historically Black Colleges and

Universities is established under

Executive Order 12876 of November 1,

1993. The Board is established to advise

on the financial stability of Historically

Black Colleges and Universities, to issue

an annual report to the President on

HBCU participation in Federal

programs, and to advise the Secretary of

Education on increasing the private

sector role in strengthening HBCUs.

The meeting of the Board is open to

the public. The agenda includes:

discussion of the Board’s Report,

overview of White House Initiative

activities, and discussion on status of

Black colleges.

Records are kept of all Board

proceedings, and are available for public

inspection at the White House Initiative

on Historically Black Colleges and

Universities at 1250 Maryland Ave. SW,

Washington, DC 20224, from the hours

of 8:30 am to 5:00 pm.

Dated: April 4, 1997.

David A. Longanecker,

Assistant Secretary for Postsecondary

Education.

[FR Doc. 97–9212 Filed 4–9–97; 8:45 am]

BILLING CODE 4000–01–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

August 30, 1996, an arbitration panel

rendered a decision in the matter of The

State of Nevada, Bureau of Services to

the Blind v. U.S. Department of Interior,

Bureau of Reclamation (Docket No. R-S/

95–3). This panel was convened by the

U.S. Department of Education pursuant

to 20 U.S.C. 107d-1(b), upon receipt of

a complaint filed by the State of Nevada,

Bureau of Services to the Blind.

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 arbitration panel decisions

affecting the administration of vending

facilities on Federal and other property.

Background

The State of Nevada, Bureau of

Services to the Blind, the State licensing

agency (SLA), alleged that the

Department of Interior, Bureau of

Reclamation (Reclamation) violated the

Randolph-Sheppard Act (the Act),

pursuant to 20 U.S.C. 107 et seq. and

implementing regulations in 34 CFR

Part 395.

The SLA established three vending

facilities under permit at the Hoover

Dam near Boulder City, Nevada. Two of

the vending facilities (the Hoover Dam

Snacketeria and the Nevada Lookout

Point, which is also known as the

Hoover Dam Store) were established in

1981. The third location, known as the

Arizona Lookout Point, was established

in 1982.

The SLA’s allegations are as follows:

Reclamation notified the SLA of its

intention to terminate the permits of the

three facilities. Reclamation then sent

the SLA, for its approval, a Special Use

Agreement limited to 10 years and

requiring the blind vendors to pay a fee

of 10 percent of the gross sales in

addition to rent.

Subsequently, the SLA was informed

by Reclamation that it would solicit

open bids for concessions at the Hoover

Dam if the SLA did not sign the Special

Use Agreement. In addition, the SLA

discovered in January 1995 that

Reclamation had operated vending

machines at the Hoover Dam

independently of the blind vendors

since January 1, 1975. Reclamation had

never paid the SLA vending machine

income as required under the Act.

Conversely, Reclamation alleged as

follows: The Randolph-Sheppard Act

does not require vending facilities in the

parking ramp or the Visitors Center and,

therefore, the SLA may operate vending

facilities at this site only upon terms

that are mutually agreeable. Further, the

Act does not require Reclamation to pay

for alleged relocation and other costs

attendant to any move that might occur.

In addition, Reclamation is not

responsible for more than 30 percent of

any vending revenues at the Hoover

Dam because the Visitors Center and

parking ramp would house fewer than