32866 Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 / Notices

hearings will be held for the purpose to

receive oral and written comments on

the DLEIS. Federal, state and local

agencies, and interested individuals are

invited to be present or represented at

the hearings.

DATES: Hearing dates are as follows:

1. July 13, 1998, 7:00 p.m., Fallon,

Nevada.

2. July 14, 1998, 7:00 p.m., Reno,

Nevada.

ADDRESSES: Hearing locations are:

1. Fallon—Fallon Convention Center,

100 Campus Way, Fallon, Nevada.

2. Reno—Airport Plaza Hotel, 1981

Terminal Way, Reno, Nevada.

FOR FURTHER INFORMATION CONTACT: Mr.

Samuel L. Dennis at (650) 244–3007.

SUPPLEMENTARY INFORMATION: The

proposed action evaluated this DLEIS is

the renewal of the withdrawal of

approximately 21,576 acres of public

land at training range B–20 in Churchill

County, Nevada, near Naval Air Station

Fallon, Nevada. These lands were

withdrawn under the Military Lands

Withdrawal Act of 1986 (Public Law

[PL] 99–606). As part of this process, the

Department of the Navy has prepared a

DLEIS to evaluate the potential for

significant environmental effects of the

proposed action. The DLEIS has been

prepared pursuant to Section 102(2)(c)

of the National Environmental Policy

Act and the Council on Environmental

Quality implementing regulations (40

CFR 1500–1508).

The DLEIS has been distributed to

various federal, state and local agencies,

local group, elected official, special

interest groups, and individuals. The

DLEIS is also available for review at the

following public libraries: Austin

Branch Library; Battle Mountain Branch

Library; Round Mountain Branch

Library; Gabbs City Library; Fallon

Churchill County Public Library; Eureka

Branch Library; Carson City Library; and

Reno Washoe County Public Library.

Two open houses and public hearings

will be held for the purpose to receive

oral and written comments on the

DLEIS. The first open house will be held

on Monday, July 13, 1998, at 3:00 to

5:30 p.m., and the public hearing at 7:00

to 10:00 p.m., at the Fallon Convention

Center, 100 Campus Way, Fallon,

Nevada. The second open house will be

held on Tuesday, July 14, 1998, at 3:00

to 5:30 p.m., and the public hearing at

7:00 to 10:00 p.m., at the Airport Plaza

Hotel, 1981 Terminal Way, Reno,

Nevada. Federal, state and local

agencies, and interested individuals are

invited to be present or represented at

the hearings. Oral comments will be

heard and transcribed by a court

recorder. To assure accuracy of the

record, all comments should be

submitted in writing. All comments,

both oral and written, will become part

of the public record in the study. In the

interest of available time, each speaker

will be asked to limit oral comments to

three minutes. Longer comments should

be summarized at the public hearing

and mailed to Mr. Samuel Dennis (Code

7031), Engineering Field Activity West,

Naval Facilities Engineering Command,

900 Commodore Drive, San Bruno,

California 94066–5006, fax (650) 244–

3206. Written comments are requested

not later than September 15, 1998.

Dated: June 12, 1998.

Matthew G. Shirley,

LCDR, JAGC, USN, Federal Register Liaison

Officer.

[FR Doc. 98–16125 Filed 6–15–98; 8:45 am]

BILLING CODE 3810–FF–M

DEPARTMENT OF EDUCATION

National Board of the Fund for the

Improvement of Postsecondary

Education; Meeting

AGENCY: National Board of the Fund for

the Improvement of Postsecondary

Education, Education.

ACTION: Notice of partially closed

meeting.

SUMMARY: This notice sets forth the

proposed agenda of a forthcoming

meeting of the National Board of the

Fund for the Improvement of

Postsecondary Education. 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: June 26, 1998 from

8:30 a.m. to 5:00 p.m.

ADDRESSES: Channel Inn Hotel, 650

Water Street, S.W., Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Charles Karelis, U.S. Department of

Education, 600 Independence Avenue,

S.W., Room 3100, ROB # 3, Washington,

DC. 20202–5175. Telephone: (202) 708–

5750. Individuals who use a

telecommunication device for the deaf

(TDD) may call the Federal Information

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

between 8:00 a.m. and 8:00 p.m.,

Eastern time, Monday through Friday.

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.

SUPPLEMENTARY INFORMATION: The

National Board of the Fund for the

Improvement of Postsecondary

Education is established under Section

1001 of the Higher Education

Amendments of 1980, Title X (20 U.S.C.

1131a–1). The National Board of the

Fund is authorized to recommend to the

Director of the Fund and the Assistant

Secretary for Postsecondary Education

priorities for funding and approval or

disapproval of grants of a given kind.

On June 26, 1998, from 8:30 a.m. to

1:00 p.m. the Board will meet in open

session. The proposed agenda for the

open portion of the meeting will include

a review of the Comprehensive Program

priorities, an update of FIPSE targeted

competitions, and an update of FIPSE’s

FY 1998 budget.

On June 26, 1998, from 1:00 p.m. to

5:00 p.m. the meeting will be closed to

the public for the purpose of reviewing

and recommending grant applications

submitted to the Comprehensive

Program. This portion of the meeting

will be closed under the authority of

Section 10(d) of the Federal Advisory

Committee Act (Pub. L. 92–463; 5

U.S.C.A. Appendix 2) and under

exemptions (4) and (6) of the

Government in the Sunshine Act (Public

law 94–409, 5 U.S.C. 552b (c) (4) and

(6). The review and discussions of the

applications and the qualifications of

proposed staff to work on these grants

are likely to disclose trade secrets and

commercial or financial information

obtained from a person and privileged

or confidential, and to disclose

information of a personal nature where

disclosure would constitute a clearly

unwarranted invasion of personal

privacy if conducted in open session.

The meeting site is accessible to

individuals with disabilities. An

individual with a disability who will

need an auxiliary aid or service to

participate in the meeting (e.g.,

interpreting service, assistive listening

device or materials in an alternate

format) should notify the contact person

listed in this notice at least two weeks

before the scheduled meeting date.

Although the Department will attempt

to meet a request received after that

date, the requested auxiliary aid or

service may not be available because of

insufficient time to arrange it.

A summary of the activities at the

closed session and related matters

which are informative to the public

consistent with the policy of Title 5

U.S.C. 552b will be available to the

public within fourteen days of the

meeting.

Records are kept of all Board

proceedings, and are available for public

inspection at the office of the Fund for

the Improvement of Postsecondary

Education, Room 3100, Regional Office

Building # 3, 7th & D Streets, S.W.,
Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 / Notices 32867

Washington, DC 20202 from the hours

of 8:00 a.m. to 4:30 p.m.

Dated: June 12, 1998.

David A. Longanecker,

Assistant Secretary for Postsecondary

Education.

[FR Doc. 98–16090 Filed 6–12–98; 1:57 pm]

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

January 20, 1998, an arbitration panel

rendered a decision in the matter of

Wayne Coxey versus State of

Washington Department of Services for

the Blind (Docket No. R–S/96–6). 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, Wayne

Coxey.

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,

600 Independence Avenue, SW., Room

3230, Mary E. Switzer Building,

Washington, DC 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.

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

Anyone may view this document, as

well as all other Department of

Education documents published in the

Federal Register, in text or portable

document format (pdf) on the World

Wide Web 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 Program with

Search, 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 toll

free at 1–888–293–6498.

Anyone may also view these

documents in text copy only on an

electronic bulletin board of the

Department. Telephone: (202) 219–1511

or, toll free, 1–800–222–4922. The

documents are located under Option GFiles/Announcements, Bulletins and

Press Releases.

Note: The official version of this document

is the document published in the Federal

Register.

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

In September 1994 the State Licensing

Agency (SLA) offered complainant an

opportunity to operate a cafeteria in the

Washington State Department of

Licenses in Olympia, Washington. Two

months after Mr. Coxey began operating

the Highway Licenses Building

cafeteria, the building’s tenant

committee began to complain about Mr.

Coxey’s operation of the vending

facility. The complaints included

allegedly unsanitary food preparation

practices, poor selection of food items,

questionable pricing practices, rude

service, a disrespectful and disgruntled

attitude toward employees and

customers, and inconsistent hours.

Earlier in the year, because of similar

problems with Mr. Coxey at another

facility, the SLA barred him from

continuing to operate that facility.

Following a meeting among Mr.

Coxey, the tenant committee, and the

SLA, the cafeteria operation improved.

However, by May 1995, the tenant

committee complained that the service

had again deteriorated to an

unsatisfactory level. Subsequently, the

building’s tenant committee contacted

the SLA and again requested

improvement in the cafeteria operation.

The SLA met with complainant and

prepared a corrective action plan to

bring about improvements. The

corrective action plan requested that Mr.

Coxey improve the following: Hours of

operation, health and sanitary practices,

food handling and storage, customer

and employee relations, consistent

refund policy, and the submission to the

SLA of timely profit and loss

statements.

On September 19, 1995, the SLA met

with Mr. Coxey to discuss the

implementation of the corrective action

plan. Complainant rejected the plan.

Following that meeting, the tenant

committee requested that the SLA

remove Mr. Coxey from the cafeteria. On

November 2, 1995, the SLA removed

him and on December 22, 1995, the SLA

issued to Mr. Coxey a letter sustaining

the removal. Mr. Coxey appealed his

termination and requested and received

a full evidentiary hearing, which was

held on January 24, 1996. In an opinion

dated February 13, 1996, the

Administrative Law Judge affirmed the

SLA’s decision to suspend Mr. Coxey’s

operating agreement and remove him

from the cafeteria, and on February 27,

1996, the SLA terminated his vending

operator’s license. It was that decision

that Mr. Coxey sought to have reviewed

by a Federal arbitration panel. A hearing

was held on February 24 and 25, 1997.

Arbitration Panel Decision

The issue before the arbitration panel

was whether the SLA acted reasonably

and within the scope of its authority

under the Act and regulations when it

removed Mr. Coxey from the Highway

Licenses Building cafeteria and

terminated his vending license. On the

basis of the evidence presented at the

hearing, the majority of the panel ruled

that Mr. Coxey was hostile toward every

attempt to improve the operation of the

cafeteria. The panel further concluded

that complainant had rejected the SLA’s

attempts to have him conform to the

SLA’s rules and regulations governing

the vending facility program in the State

of Washington.

The majority of the panel ruled that

retaining the complainant as a licensee

would jeopardize the credibility of the

Randolph-Sheppard program. The panel

found that the SLA had acted correctly

and within the scope of its authority

when it removed Mr. Coxey from the

cafeteria and terminated his vending

operator’s license.

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: June 11, 1998.

Judith E. Heumann,

Assistant Secretary for Special Education and

Rehabilitative Services.

[FR Doc. 98–15946 Filed 6–15–98; 8:45 am]

BILLING CODE 4000–01–P