Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Notices 52851 

to waive the priority under the act 

regarding the 15 Tucson postal vending 

locations. Additionally, the SLA 

requested that USPS clarify in writing 

and provide a copy of the directive 

regarding USPS’s position that a 

different blind vendor must operate 

each of the 15 vending locations. 

The Postal Service contracting officer 

responded to the SLA in a letter dated 

September 18, 2003. The contracting 

officer citing Postal Service Handbook 

EL–602 (August 1994), section 331.1 

stated, ‘‘It is the Postal Service’s policy 

that a blind vendor may not be assigned 

vending machines remote from the 

location for which the permit is issued.’’

Therefore, USPS informed the SLA each 

of the 15 vending sites in Tucson for 

which a permit was issued must be 

operated by separate blind vendors 

working full-time and vending sites 

could not be combined into a single 

operation for a blind vendor. 

On August 17, 2005, the staff of the 

SLA’s Business Enterprise Program 

contacted USPS’s customer relations 

coordinator for an update on the Mesa 

vending locations. The customer service 

coordinator responded that no action 

had been taken pending the outcome of 

the SLA’s request to operate the Tucson 

vending locations. Subsequently, the 

SLA filed a request for federal 

arbitration with the Secretary of 

Education regarding this matter. A 

federal arbitration panel heard this case 

on August 23, 2007. 

The central issue heard by the 

arbitration panel was: Whether the Act 

and implementing regulations provided 

the SLA a priority to operate and 

manage vending machine routes on 

USPS property. 

Arbitration Panel Decision 

After reviewing all of the records and 

hearing testimony of witnesses, the 

panel majority ruled that vending 

locations combined into a single 

vending route are permissible under the 

Act and that current USPS policies are 

not in compliance with either the spirit 

or letter of the Act. The panel 

determined that there was nothing in 

the satisfactory site provisions in 34 

CFR 395.31(d) that would exempt a 

federal entity desiring vending services 

from the priority under the act. Further, 

the majority found that there is nothing 

in the Act or the Postal Service 

Handbook EL–602 that addresses blind 

vendors being at a vending site fulltime. The panel also found that USPS 

had not sought and received approval 

from the Secretary of Education to 

impose the requirement that blind 

vendors be on-site at USPS vending 

facilities full-time and that no similar 

restriction was imposed on private 

vending companies. 

Based upon the foregoing, the 

majority concluded USPS’s policy of 

requiring that each vending location 

have an individual permit and a 

separate blind vendor constituted a 

limitation upon the placement of a 

vending facility on federal property in 

violation of the act and implementing 

regulations at 34 CFR 349.31(b). 

Thus, the panel majority directed 

USPS to immediately terminate 

agreements with private concessionaires 

providing vending services at the Mesa 

and Tucson postal locations and to grant 

a permit(s) to the SLA to operate one or 

more facilities pursuant to the act. The 

panel also indicated that USPS should 

have the understanding that the SLA 

may choose to assign multiple postal 

locations to a single blind vendor. 

Finally, the panel majority found that 

USPS’s conduct warranted damages in 

this case. However, the majority did not 

award damages since they were not 

sought by the SLA and no individual 

blind vendor was harmed. 

One panel member dissented. 

The views and opinions expressed by 

the panel do not necessarily represent 

the views and opinions of the 

Department. 

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: http://www.ed.gov/ 

news/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.gpoaccess.gov/nara/ 

index.html. 

Dated: September 8, 2008. 

Tracy R. Justesen, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. E8–21154 Filed 9–10–08; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Advisory Committee on Student 

Financial Assistance: Meeting 

AGENCY: Advisory Committee on 

Student Financial Assistance, 

Education. 

ACTION: Notice of open teleconference 

meeting. 

SUMMARY: This notice sets forth the 

schedule and proposed agenda of a 

forthcoming teleconference meeting of 

the Advisory Committee on Student 

Financial Assistance. Individuals who 

will need accommodations for a 

disability in order to attend the 

teleconference meeting (i.e., interpreting 

services, assistive listening devices, 

and/or materials in alternative format) 

should notify the Advisory Committee 

no later than Tuesday, September 23, 

2008 by contacting Ms. Tracy Jones at 

(202) 219–2099 or via e-mail at 

tracy.deanna.jones@ed.gov. We will 

attempt to meet requests after this date, 

but cannot guarantee availability of the 

requested accommodation. The 

teleconference site is accessible to 

individuals with disabilities. This 

notice also describes the functions of 

the Advisory Committee. Notice of this 

hearing is required under Section 

10(a)(2) of the Federal Advisory 

Committee Act. This document is 

intended to notify the general public. 

DATE AND TIME: Monday, September 29, 

beginning at 1:30 p.m. and ending at 

approximately 2 p.m. 

ADDRESSES: Office of the Advisory 

Committee on Student Financial 

Assistance, Capitol Place, 80 F Street, 

NW., Room 412, Washington, DC 

20202–7582. 

FOR FURTHER INFORMATION CONTACT: Dr. 

William J. Goggin, Executive Director, 

Advisory Committee on Student 

Financial Assistance, Capitol Place, 80 F 

Street, NW., Suite 413, Washington, DC 

20202–7582, (202) 219–2099. 

SUPPLEMENTARY INFORMATION: The 

Advisory Committee on Student 

Financial Assistance is established 

under Section 491 of the Higher 

Education Act of 1965 as amended by 

Public Law 100–50 (20 U.S.C. 1098). 

The Advisory Committee serves as an 

independent source of advice and 

counsel to the Congress and the 

Secretary of Education on student 

financial aid policy. Since its inception, 

the congressional mandate requires the 

Advisory Committee to conduct 

objective, nonpartisan, and independent 

analyses on important aspects of the 

student assistance programs under Title 

IV of the Higher Education Act. In 


rmajette on PRODPC74 with NOTICES
52852 Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Notices 

addition, Congress expanded the 

Advisory Committee’s mission in the 

Higher Education Amendments of 1998 

to include several important areas: 

access, Title IV modernization, distance 

education, and early information and 

needs assessment. Specifically, the 

Advisory Committee is to review, 

monitor and evaluate the Department of 

Education’s progress in these areas and 

report recommended improvements to 

Congress and the Secretary. 

The Advisory Committee has 

scheduled this teleconference solely to 

conduct the election of officers. 

Space for the teleconference meeting 

is limited and you are encouraged to 

register early if you plan to attend. You 

may register by sending an e-mail to the 

following addresses: 

tracy.deanna.jones@ed.gov. Please 

include your name, title, affiliation, 

complete address (including Internet 

and e-mail, if available), and telephone 

and fax numbers. If you are unable to 

register electronically, you may fax your 

registration information to the Advisory 

Committee staff office at (202) 219–

3032. You may also contact the 

Advisory Committee staff directly at 

(202) 219–2099. The registration 

deadline is Monday, September 22, 

2008. 

Records are kept for Advisory 

Committee proceedings, and are 

available for inspection at the Office of 

the Advisory Committee on Student 

Financial Assistance, Capitol Place, 80 F 

Street, NW., Suite 413, Washington, DC 

from the hours of 9 a.m. to 5:30 p.m. 

Monday through Friday, except Federal 

holidays. Information regarding the 

Advisory Committee is available on the 

Committee’s Web site, http:// 

www.ed.gov/ACSFA. 

Dated: September 4, 2008. 

William J. Goggin, 

Executive Director, Advisory Committee on 

Student Financial Assistance. 

[FR Doc. E8–21066 Filed 9–10–08; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

[Certification Notice—217] 

Office Electricity Delivery and Energy 

Reliability; Notice of Filing of SelfCertification of Coal Capability Under 

the Powerplant and Industrial Fuel Use 

Act 

AGENCY: Office Electricity Delivery and 

Energy Reliability, DOE. 

ACTION: Notice of filing. 

SUMMARY: On May 19, 2008, CPV 

Maryland, LLC, as owner and operator 

of a new base load electric powerplant, 

submitted a coal capability selfcertification to the Department of 

Energy (DOE) pursuant to section 201(d) 

of the Powerplant and Industrial Fuel 

Use Act of 1978 (FUA), as amended, and 

DOE regulations in 10 CFR 501.60, 61. 

Section 201(d) of FUA requires DOE to 

publish a notice of receipt of selfcertifications in the Federal Register. 

ADDRESSES: Copies of coal capability 

self-certification filings are available for 

public inspection, upon request, in the 

Office of Electricity Delivery and Energy 

Reliability, Mail Code OE–20, Room 

8G–024, Forrestal Building, 1000 

Independence Avenue, SW., 

Washington, DC 20585. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Russell at (202) 586–9624. 

SUPPLEMENTARY INFORMATION: Title II of 

FUA, as amended (42 U.S.C. 8301 et 

seq.), provides that no new base load 

electric powerplant may be constructed 

or operated without the capability to use 

coal or another alternate fuel as a 

primary energy source. 

Pursuant to FUA section 201(d), in 

order to meet the requirement of coal 

capability, the owner or operator of such 

a facility proposing to use natural gas or 

petroleum as its primary energy source 

shall certify to the Secretary of Energy 

(Secretary) prior to construction, or 

prior to operation as a base load electric 

powerplant, that such powerplant has 

the capability to use coal or another 

alternate fuel. Such certification 

establishes compliance with FUA 

section 201(a) as of the date it is filed 

with the Secretary. The Secretary is 

required to publish a notice in the 

Federal Register reciting that the 

certification has been filed. 

The following owner of a proposed 

new base load electric powerplant has 

filed a self-certification of coalcapability with DOE pursuant to FUA 

section 201(d) and in accordance with 

DOE regulations in 10 CFR 501.60, 61: 

Owner: CPV Maryland, LLC. 

Capacity: 640 megawatts (MW). 

Plant Location: Waldorf, Maryland. 

In-Service Date: Between Summer 

2011 and Summer 2012. 

Issued in Washington, DC on September 3, 

2008. 

Anthony J. Como, 

Director, Permitting and Siting, Office of 

Electricity Delivery and Energy Reliability. 

[FR Doc. E8–21058 Filed 9–10–08; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 13276–000] 

Natural Currents Energy Services, 

LLC; Notice of Preliminary Permit 

Application Accepted for Filing and 

Soliciting Comments, Motions To 

Intervene, and Competing Applications 

September 4, 2008. 

On August 11, 2008 and 

supplemented on August 12, 2008, 

Natural Currents Energy Services, LLC 

filed an application, pursuant to section 

4(f) of the Federal Power Act, proposing 

to study the feasibility of the 

Cuttyhunk/Elizabeth Islands Tidal 

Energy Project, located in the Atlantic 

Ocean and Canapitsit Channel in Dukes 

County, Massachusetts. The project uses 

no dam or impoundment. 

The proposed project would consist 

of: (1) 4 Tidal In-Stream Energy 

Conversion (TISEC) generating units, 

with a total installed capacity of 100- 

kilowatts, (2) underwater cable with a 

length between 250 meters to 2.5 

kilometers for site 1, and up to 10 

kilometers in length for site 2, and (3) 

appurtenant facilities. The project is 

estimated to have an annual generation 

of 350,000 kilowatt-hours, which would 

be sold to Cuttyhunk Island. 

Applicant Contact: Mr. Roger Bason, 

Natural Currents Energy Services, LLC, 

24 Roxanne Boulevard, Highland, New 

York 12561, phone (845) 691–4008. 

FERC Contact: Kelly Houff (202) 502–

6393. 

Deadline for filing comments, motions 

to intervene, competing applications 

(without notices of intent), or notices of 

intent to file competing applications: 60 

days from the issuance of this notice. 

Comments, motions to intervene, 

notices of intent, and competing 

applications may be filed electronically 

via the Internet. See 18 CFR 

385.2001(a)(1)(iii) and the instructions 

on the Commission’s Web site under the 

‘‘e-Filing’’ link. If unable to be filed 

electronically, documents may be paperfiled. To paper-file, an original and eight 

copies should be mailed to: Kimberly D. 

Bose, Secretary, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426. For 

more information on how to submit 

these types of filings please go to the 

Commission’s Web site located at http:// 

www.ferc.gov/filing-comments.asp. 

More information about this project can 

be viewed or printed on the ‘‘eLibrary’’

link of Commission’s Web site at http:// 

www.ferc.gov/docs-filing/elibrary.asp. 

Enter the docket number (P–13276) in 


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