Federal Register / Vol. 66, No. 104 / Wednesday, May 30, 2001 / Notices 29301

Collaboration: We encourage

collaboration in the development of

these projects. For example, charter

school resource centers may collaborate

with successful charter schools to

disseminate information about the

charter school’s program; authorized

institutions of higher education may

collaborate with authorized public

chartering agencies to develop methods

for assessing student achievement in

charter schools; and charter schools may

collaborate with each other to establish

networks to address some of the

implementation issues facing newly

created charter schools.

Selection Criteria: The Secretary uses

the selection criteria published in 34

CFR 75.210 to evaluate applications for

grants under the field-initiated national

activities competition for FY 2001. The

application package includes the

specific SELECTION CRITERIA and the

points assigned to each criterion.

Applicable Regulations and Statute:

The Education Department General

Administrative Regulations (EDGAR) in

34 CFR parts 75, 76, 77, 79, 80, 81, 82,

85, 86, 97, and 99. Title X, part C,

Elementary and Secondary Education

Act of 1965 (ESEA), as amended, 20

U.S.C. 8061–8067.

The following definitions are taken

from the PCSP authorizing statute, in

title X, part C of the ESEA. They are

being repeated in this application notice

for the convenience of the applicant.

Definitions

The following definitions apply to

this program:

(a) Charter school means a public

school that

(1) In accordance with a specific State

statute authorizing the granting of

charters to schools, is exempted from

significant State or local rules that

inhibit the flexible operation and

management of public schools, but not

from any rules relating to the other

requirements of this definition;

(2) Is created by a developer as a

public school, or is adapted by a

developer from an existing public

school, and is operated under public

supervision and direction;

(3) Operates in pursuit of a specific

set of educational objectives determined

by the school’s developer and agreed to

by the authorized public chartering

agency;

(4) Provides a program of elementary

or secondary education, or both;

(5) Is nonsectarian in its programs,

admissions policies, employment

practices, and all other operations, and

is not affiliated with a sectarian school

or religious institution;

(6) Does not charge tuition;

(7) Complies with the Age

Discrimination Act of 1975, title VI of

the Civil Rights Act of 1964, title IX of

the Education Amendments of 1972,

section 504 of the Rehabilitation Act of

1973, and part B of the Individuals With

Disabilities Education Act;

(8) Is a school to which parents

choose to send their children, and that

admits students on the basis of a lottery,

if more students apply for admission

than can be accommodated;

(9) Agrees to comply with the same

Federal and State audit requirements as

do other elementary and secondary

schools in the State, unless the

requirements are specifically waived for

the purposes of this program;

(10) Meets all applicable Federal,

State, and local health and safety

requirements;

(11) Operates in accordance with

State law; and

(12) Has a written performance

contract with the authorized public

chartering agency in the State that

includes a description of how student

performance will be measured in charter

schools pursuant to State assessments

that are required of other schools and

pursuant to any other assessments

mutually agreeable to the authorized

public chartering agency and the charter

school.

(b) Developer means an individual or

group of individuals (including a public

or private nonprofit organization),

which may include teachers,

administrators and other school staff,

parents, or other members of the local

community in which a charter school

project will be carried out.

(c) Eligible applicant means an

authorized public chartering agency

participating in a partnership with a

developer to establish a charter school

in accordance with title X, part C of the

ESEA.

(d) Authorized public chartering

agency means a State educational

agency, local educational agency, or

other public entity that has the authority

under State law and is approved by the

Secretary to authorize or approve a

charter school.

For Applications and Further

Information Contact: Donna M. Hoblit,

U.S. Department of Education, 400

Maryland Avenue, SW., Room 3C148,

Washington, DC 20202–6140.

Telephone (202) 205–9178. Internet

address: Donna.Hoblit@ed.gov

Individuals who use a

telecommunications device for the deaf

(TDD) may call the Federal Information

Relay Service (FIRS) at 1–800–877–

8339.

Individuals with disabilities may

obtain this document in an alternative

format (e.g., Braille, large print,

audiotape, or computer diskette) upon

request to the contact person listed

under For Applications and Further

Information Contact. Individuals with

disabilities may obtain a copy of the

application package in an alternative

format, also, by contacting that person.

However, the Department is not able to

reproduce in an alternative format the

standard forms included in the

application package.

Electronic Access to This Document

You may view this document, as well

as all other Department of Education

documents published in the Federal

Register in text or Adobe Portable

Document Format (PDF) on the Internet

at the following site: www.ed.gov/

legislation/FedRegister.

To use PDF, you must have Adobe

Acrobat Reader, which is available free

at the previous site. If you have

questions about using PDF, call the U.S.

Government Printing Office toll free at

1–888–293–6498; or in the Washington,

DC area at (202) 512–1530.

Note: The official version of a document is

the document published in the Federal

Register.

Program Authority: 20 U.S.C. 8061–8067.

Dated: May 24, 2001.

Thomas M. Corwin,

Acting Deputy Assistant Secretary for

Elementary and Secondary Education.

[FR Doc. 01–13551 Filed 5–29–01; 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

August 22, 2000, an arbitration panel

rendered a decision in the matter of Jack

Bedikian v. California Department of

Rehabilitation (Docket No. R–S/98–6).

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, Jack

Bedikian.

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, 400 Maryland Avenue, SW.,

room 3230, Mary E. Switzer Building,

Washington, DC 20202–2738.

Telephone: (202) 205–9317. If you use a

29302 Federal Register / Vol. 66, No. 104 / Wednesday, May 30, 2001 / Notices

telecommunications device for the deaf

(TDD), you may call the TDD number at

(202) 205–8298.

Individuals with disabilities may

obtain this document in an alternative

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

You may view this document, as well

as all other Department of Education

documents published in the Federal

Register, in text or Adobe Portable

Document Format (PDF) on the Internet

at the following site: www.ed.gov/

legislation/FedRegister.

To use PDF you must have Adobe

Acrobat Reader, which is available free

at this site. If you have questions about

using PDF, call the U.S. Government

Printing Office (GPO), toll free, at 1–

888–293–6498; or in the Washington,

DC, area at (202) 512–1530.

Note: The official version of this document

is the document published in the Federal

Register. Free Internet access to the official

edition of the Federal Register and the Code

of Federal Regulations is available on GPO

Access at: http://www.access.gpo.gov/nara/

index.html.

SUPPLEMENTARY INFORMATION: Pursuant

to the Randolph-Sheppard Act (20

U.S.C. 107d–2(c)) (the Act), 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

This dispute concerns the alleged

improper termination of Mr. Jack

Bedikian, a licensed blind vendor, from

the Business Enterprise Program of the

California Department of Rehabilitation,

the State licensing agency (SLA).

A summary of the facts is as follows:

Mr. Bedekian (complainant) was a

licensed manager under the SLA’s

Randolph-Sheppard vending facility

program. Beginning in 1991,

complainant operated a cafeteria and

vending machine service at the

Worldway Postal Center (Worldway).

The SLA alleged that, starting in 1993,

it received complaints from Worldway

concerning health and service issues.

Specifically, in 1995 the Safety

Specialist of the Office of Safety and

Health at Worldway, who had the

responsibility for investigating health

and safety complaints from its

employees, requested that the SLA

terminate Mr. Bedikian’s agreement to

operate the facility based on complaints

from its employees.

Subsequently, the SLA issued a

formal reprimand to complainant

allowing 30 days for corrective action.

During this time, the SLA alleged that

it provided assistance to help

complainant correct deficiencies and

meet the needs of the customers. The

SLA noted some improvement in the

cafeteria operation. However, problems

concerning bug infestation of food and

drink and moldy bread were still being

reported to the Safety Specialist.

In September 1997, the SLA and the

Safety Specialist from Worldway met

again to review the complaints of the

employees concerning the freshness of

food from both the cafeteria and the

vending machines, pricing, and

rudeness of staff. Staff of the SLA’s

Business Enterprise Program

subsequently conducted an on-site

review of complainant’s facility.

On December 11, 1997, the Los

Angeles County Health Department

requested that complainant close his

facility as the result of violations in 17

categories, including unsafe food

temperature, handling and storage of

food, rodent and insect problems, and

improper storage of cooking equipment

and supplies. Other physical and

structural problems were identified that

were the responsibility of Worldway,

which initiated corrective action to

resolve these problems.

On December 16, 1997, the Los

Angeles County Health Department gave

complainant conditional approval to

reopen the cafeteria and vending

machine service serving packaged foods

only. Complainant allegedly disregarded

this restriction and attempted to serve

hot food although hot water for utensil

cleaning and hand washing was

unavailable. On December 17th, the

SLA issued a termination notice to

complainant, which was later rescinded

upon the SLA’s learning of the

conditional approval received by

complainant to reopen the facility.

The SLA alleged that it continued to

receive complaints from Worldway in

January 1998. On January 26, 1998, staff

of the SLA performed an inspection of

complainant’s facility and found 24

sanitation deficiencies. Subsequently,

on February 5, 1998, complainant was

notified of his license termination,

removal from the Worldway Postal

Center, and his appeal rights.

Complainant requested a full

evidentiary hearing on this matter,

which was held on March 27, 1998. In

a decision dated April 16, 1998, the

Administrative Law Judge affirmed the

SLA’s decision to terminate

complainant’s license and remove him

from the Worldway Postal Center

cafeteria and vending machine service.

It was this decision that complainant

sought to have reviewed by a Federal

arbitration panel. An arbitration hearing

on this matter was held on August 20,

1999, and a second hearing was held on

December 14, 1999.

Arbitration Panel Decision

The central issue before the

arbitration panel was whether the

actions taken by the California

Department of Rehabilitation to

terminate the vending license of Mr.

Bedikian and remove him from

managing the Worldway cafeteria and

vending machine service were in

accordance with the Act (20 U.S.C. 107

et seq.), the implementing regulations

(34 CFR part 395), and applicable State

rules and regulations.

The panel ruled that complainant was

essentially terminated for poor

performance in the operation of the

Worldway cafeteria and vending

machine service.

Based upon the evidence presented,

the panel determined that, while

complainant was not one of the more

successful managers, there was no

demonstrable effort by the SLA, other

than structural repairs, to assist

complainant in correcting problems and

keeping the Worldway cafeteria and

vending machine service operating.

Further, according to the evidence

received in the record, the panel

determined that the SLA and the postal

facility cooperated in the removal of the

complainant.

Therefore, the panel ruled that the

actions taken by the California

Department of Rehabilitation to remove

Mr. Bedikian from managing the

Worldway cafeteria and vending

machine service were not in accordance

with the Act, implementing regulations,

and State rules and regulations. The law

specifically requires the SLA to assist

the vendor in all reasonable ways to

overcome the problems cited by the

Federal facility. The obligation on the

SLA is an affirmative obligation, which

requires the State to do something

affirmatively.

Additionally, the panel agreed that

complainant was entitled to

compensatory damages for the loss of

net profits from his business in 1995

and 1996, as well as attorney’s fees and

costs totaling $59,570.44. The panel

directed the SLA to place the

complainant in the next available

facility that was likely to generate

approximately the same income.

The views and opinions expressed by

the panel do not necessarily represent

the views and opinions of the U.S.

Department of Education.

Federal Register / Vol. 66, No. 104 / Wednesday, May 30, 2001 / Notices 29303

Dated: May 23, 2001.

Francis V. Corrigan,

Deputy Director, National Institute on

Disability and Rehabilitation Research.

[FR Doc. 01–13468 Filed 5–29–01; 8:45 am]

BILLING CODE 4000–01–P

DEPARTMENT OF ENERGY

Environmental Management SiteSpecific Advisory Board, Paducah

AGENCY: Department of Energy (DOE).

ACTION: Notice of open meeting.

SUMMARY: This notice announces a

meeting of the Environmental

Management Site-Specific Advisory

Board (EM SSAB), Paducah. The

Federal Advisory Committee Act (Pub.

L. 92–463, 86 Stat. 770) requires that

public notice of these meetings be

announced in the Federal Register.

DATE: Thursday, June 21, 2001—5:30

p.m.–9:00 p.m.

ADDRESSES: Paducah Information Age

Park Resource Center, 2000 McCracken

Boulevard, Paducah, Kentucky.

FOR FURTHER INFORMATION CONTACT: W.

Don Seaborg, Deputy Designated

Federal Officer, Department of Energy

Paducah Site Office, Post Office Box

1410, MS–103, Paducah, Kentucky

42001, (270) 441–6806.

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 and waste

management activities.

Tentative Agenda:

5:30 p.m. Informal Discussion

6:00 p.m. Call to Order

6:10 p.m. Approve Minutes

6:20 p.m. Presentations, Board

Response, Public Comments

8:00 p.m. Subcommittee Reports, Board

Response, Public Comments

8:30 p.m. Administrative Issues

9:00 p.m. Adjourn

Copies of the final agenda will be

available at the meeting.

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 Pat J. Halsey at the address or

telephone number listed above.

Requests must be received five days

prior to the meeting and reasonable

provision will be made to include the

presentation in the agenda. The

Designated Federal Officer 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 five minutes

to present their comments as the first

item of the meeting agenda.

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 Department of Energy’s

Environmental Information Center and

Reading Room at 175 Freedom

Boulevard, Highway 60, Kevil,

Kentucky between 8 a.m. and 5 p.m. on

Monday thru Friday or by writing to Pat

J. Halsey, Department of Energy

Paducah Site Office, Post Office Box

1410, MS–103, Paducah, Kentucky

42001 or by calling her at (270) 441–

6802.

Issued at Washington, DC on May 23, 2001.

Rachel M. Samuel,

Deputy Advisory Committee Management

Officer.

[FR Doc. 01–13499 Filed 5–29–01; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

Notice of Intent To Establish the

Advisory Board on Electricity

Pursuant to section 9(a)(2) of the

Federal Advisory Committee Act (Pub.

L. 92–463), and in accordance with title

41 of the Code of Federal Regulations,

section 101–6.1015(a), this is notice of

intent to establish the Advisory Board

on Electricity. This intent to establish

follows consultation with the

Committee Management Secretariat of

the General ServicesAdministration,

pursuant to 41 CFR subpart 101–6.10.

The purpose of the Board is to

provide the Secretary of Energy and his

designee(s) with advice, information,

and recommendations on issues,

policies, and programs related to the

electric utility sector. The Board will:

(1) Provide advice to the Department of

Energy on electricity policy issues of

concern to the Department; (2) advise

the Department on supply and delivery

systems (generation, transmission, and

distribution) issues; (3) provide advice

on market structure and barriers to

construction of new generation and

transmission facilities and make

recommendations on policy and

Department initiatives with respect to

issues identified; (4) advise the

Department on coordination of

electricity supply and reliability issues

and initiatives with appropriate private

sector, state, and regional officials, and

other stakeholders; and (5) advise the

Department on coordinated response in

the event of electricity supply

emergencies.

Board members will be chosen to

ensure an appropriately balanced

membership to bring into account a

diversity of viewpoints, including

electric power generators, transmitters,

and distributors; state policy officials

and regulators; consumers; the

environmental community; and others

who may significantly contribute to the

deliberations of the Board. Advance

notice of all meetings of the Board will

be published in the Federal Register.

The establishment of the Advisory

Board on Electricity is essential to the

conduct of Department of Energy

business and is in the public interest.

Further information regarding this

board may be obtained from Lawrence

Mansueti, Office of Power Technologies,

Office of Energy Efficiency and

Renewable Energy, U.S. Department of

Energy, Washington, DC 20585, phone

(202) 586–9275.

Issued in Washington, D.C. on May 24,

2001

James N. Solit,

Advisory Committee Management Officer.

[FR Doc. 01–13516 Filed 5–29–01; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. RP01–423–000]

Columbia Gas Transmission

Corporation; Notice of Proposed

Changes in FERC Gas Tariff

May 23, 2001.

Take notice that on May 18, 2001,

Columbia Gas Transmission Corporation

(Columbia) tendered for filing as part of

its FERC Gas Tariff, Second Revised

Volume No. 1, the following revised

tariff sheets bearing a proposed effective

date of June 15, 2001:

Eighth Revised Sheet No. 2

Second Revised Sheet No. 500B

Columbia states that it is submitting

NTS Service Agreement No. 2001–05–

10–0002, which is an agreement for firm

transportation service to be provided by

Columbia to DPL Energy (DPL

Agreement). Service under the DPL

Agreement is to commence on June 15,

2001 and continue for a twenty-year

term, unless earlier terminated pursuant