Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Notices 11077

401.53(a)(1)(1990)) provide that funds

reserved for the handicapped and

disadvantaged may only be used for the

Federal share of the costs of providing

‘‘supplemental or additional staff,

equipment, materials, and services not

provided to other individuals in

vocational education that are essential

for [handicapped and disadvantaged]

individuals to participate in vocational

education.’’ Under section 201(h)(1) of

the Perkins Act (20 U.S.C. 2331(h)(1))

and the implementing regulations (34

CFR 401.58(a)(1)(1990)), these excess

costs may include basic skills

instruction for handicapped and

disadvantaged individuals who are

enrolled in vocational education

programs.

During the course of the audit, the

auditors found that Washington had

approved applications from community

colleges for unallowable activities under

section 201, and that the colleges had

improperly charged the costs of these

activities to the handicapped and

disadvantaged setasides under the

Vocational Education Opportunities

Program implemented at 34 CFR

401.51–401.58 (1990). The auditors

found that the colleges used funds from

the setasides to support the costs of

services, activities and equipment for

handicapped and disadvantaged

students not enrolled in vocational

education programs, including the

provision of basic skills instruction to

students not enrolled in vocational

education programs. In addition, the

auditors found that the colleges used

setaside funds to support the costs of

activities for students who were not

handicapped or disadvantaged.

On March 31, 1993, the U.S.

Department of Education’s Assistant

Secretary for Vocational and Adult

Education (Assistant Secretary) issued a

program determination letter (PDL)

sustaining the auditors’ findings and

requiring Washington to repay $135,248

in disallowed costs to the Department.

The State filed a timely request for

review of the Assistant Secretary’s

determination with the OALJ.

Thereafter, the Administrative Law

Judge assigned to the appeal granted the

parties’ joint motion for a stay of this

proceeding for purposes of mediation.

The Department proposes to

compromise the $135,248 claim for

$50,000. In mediation sessions before

the Federal Mediation and Conciliation

Service, Washington provided

additional information and

documentation concerning the numbers

of handicapped and disadvantaged

vocational education students being

served and the types of services,

activities and equipment involved.

Washington also submitted

documentary evidence concerning the

necessity of the services, activities and

equipment to the participation of the

handicapped and disadvantaged

students in vocational education, and

the non-availability of these services

and activities for non-handicapped and

non-disadvantaged vocational students.

Given the amount that would be

repaid by Washington under the

settlement agreement, the additional

documentation submitted during

mediation, and the litigation risks and

costs of proceeding through the appeal

process, the Department has determined

that it would not be practical or in the

public interest to continue this

proceeding. Rather, under the authority

provided in 20 U.S.C. 1234a(j)(1), the

Department has determined that a

compromise of this claim for $50,000

would be appropriate.

The public is invited to comment on

the Department’s intent to compromise

this claim. Additional information may

be obtained by writing to Kathleen Ryan

at the address given at the beginning of

this notice.

Program Authority: 20 U.S.C. 1234a(j).

Dated: February 22, 1995.

Donald R. Wurtz,

Chief Financial Officer.

[FR Doc. 95–5039 Filed 2–28–95; 8:45 am]

BILLING CODE 4000–01–P

DEPARTMENT OF ENERGY

Environmental Management Site

Specific Advisory Board, Fernald Site

AGENCY: Department of Energy.

ACTION: Notice of Open Meeting.

SUMMARY: Pursuant to the provisions of

the Federal Advisory Committee Act

(Public Law 92–463, 86 Stat. 770) notice

is hereby given of the following

Advisory Committee meeting:

Environmental Management Site

Specific Advisory Board (EM SSAB),

Fernald Site.

DATE AND TIME: Saturday, March 11,

1995: 8:30 a.m.–12:30 p.m. (public

comment session, 11:45 p.m.–12:00

p.m.).

ADDRESSES: The Joint Information

Center, 6025 Dixie Highway, Route 4,

Fairfield, Ohio.

FOR FURTHER INFORMATION CONTACT: John

S. Applegate, Chair of the Fernald Site,

P.O. Box 544, Ross, Ohio 45061, or call

the Fernald Site message line (513) 648–

6478.

SUPPLEMENTARY INFORMATION: Purpose of

the Board: The purpose of the Board is

to make recommendations to DOE and

its regulators in the areas of future use,

cleanup levels, waste disposition and

cleanup priorities at the Fernald site.

Tentative Agenda:

8:30 a.m. Task Force Administration (Call to

order Approval of Minutes Chair’s

Remarks)

8:50 a.m. Review of New Information, Budget

Discussion

10:00 a.m. Break

10:15 a.m. Discussion and Draft Resolutions

11:45 p.m. Public Comment

12:00 p.m. Vote on Resolutions

12:15 p.m. Wrap Up

12:30 p.m. Adjourn

A final agenda will be available at the

meeting, Saturday, March 11, 1995.

Public Participation: The meeting is

open to the public. Written statements

may be filed with the Task Force chair

either before or after the meeting.

Individuals who wish to make oral

statements pertaining to agenda items

should contact the Task Force chair at

the address or telephone number listed

above. The Designated Federal Official,

Kenneth Morgan, Public Affairs Officer,

Ohio Field Office, U.S. Department of

Energy, 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.

Due to programmtic issues that had to

be resolved, the Federal Register notice

is being published less than fifteen days

before the date of the meeting.

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 4:00 p.m., Monday-Friday,

except Federal holidays. Minutes will

also be available by writing to John S.

Applegate, Chair, the Fernald Site, P.O.

Box 544, Ross, Ohio 45061 or by calling

the Task Force message line at (513)

648–6478.

Issued at Washington, DC on February 24,

1995.

Rachel Murphy Samuel,

Acting Deputy Advisory Committee

Management Officer.

[FR Doc. 95–5063 Filed 2–28–95; 8:45 am]

BILLING CODE 6450–01–P

Environmental Management Site

Specific Advisory Board, Hanford Site

AGENCY: Department of Energy.

ACTION: Notice of Open Meeting.

SUMMARY: Pursuant to the provisions of

the Federal Advisory Committee Act

(Public Law 92–463, 86 Stat. 770) notice