52848 Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Notices 

CFR 350.54 and are listed in the 

application package. 

VI. Award Administration Information 

1. Award Notices: If your application 

is successful, we notify your U.S. 

Representative and U.S. Senators and 

send you a Grant Award Notification 

(GAN). We may notify you informally, 

also. 

If your application is not evaluated or 

not selected for funding, we notify you. 

2. Administrative and National Policy 

Requirements: We identify 

administrative and national policy 

requirements in the application package 

and reference these and other 

requirements in the Applicable 

Regulations section in this notice. 

We reference the regulations outlining 

the terms and conditions of an award in 

the Applicable Regulations section in 

this notice and include these and other 

specific conditions in the GAN. The 

GAN also incorporates your approved 

application as part of your binding 

commitments under the grant. 

3. Reporting: At the end of your 

project period, you must submit a final 

performance report, including financial 

information, as directed by the 

Secretary. If you receive a multi-year 

award, you must submit an annual 

performance report that provides the 

most current performance and financial 

expenditure information as specified by 

the Secretary in 34 CFR 75.118. The 

Secretary may also require more 

frequent performance reports under 34 

CFR 75.720(c). For specific 

requirements on reporting, please go to 

http://www.ed.gov/fund/grant/apply/ 

appforms/appforms.html. 

4. Performance Measures: To evaluate 

the overall success of its research 

program, NIDRR assesses the quality of 

its funded projects through review of 

grantee performance and products. Each 

year, NIDRR examines, through expert 

review, a portion of its grantees to 

determine: 

• The percentage of NIDRR-supported 

fellows, post-doctoral trainees, and 

doctoral students who publish results of 

NIDRR-sponsored research in refereed 

journals. 

• The average number of publications 

per award based on NIDRR-funded 

research and development activities in 

refereed journals. 

• The percentage of grantee research 

and development that has appropriate 

study design, meets rigorous standards 

of scientific and/or engineering 

methods, and builds on and contributes 

to knowledge in the field. 

• The percentage of new grants that 

include studies funded by NIDRR that 

assess the effectiveness of interventions, 

programs, and devices using rigorous 

and appropriate methods. 

NIDRR uses information submitted by 

grantees as part of their Annual 

Performance Reports (APRs) for these 

reviews. NIDRR also determines, using 

information submitted as part of the 

APR, the number of publications in 

refereed journals that are based on 

NIDRR-funded research and 

development activities. 

Department of Education program 

performance reports, which include 

information on NIDRR programs, are 

available on the Department’s Web site: 

http://www.ed.gov/about/offices/list/ 

opepd/sas/index.html. 

Updates on the Government 

Performance and Results Act of 1993 

(GPRA) indicators, revisions and 

methods appear on the NIDRR Program 

Review Web site: http:// 

www.neweditions.net/pr/commonfiles/ 

pmconcepts.htm. 

Grantees should consult these sites, 

on a regular basis, to obtain details and 

explanations on how NIDRR programs 

contribute to the advancement of the 

Department’s long-term and annual 

performance goals. 

VII. Agency Contact 

FOR FURTHER INFORMATION CONTACT: 

Marlene Spencer, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 6026, PCP, Washington, DC 

20202. Telephone: (202) 245–7532 or by 

e-mail: marlene.spencer@ed.gov. 

If you use a TDD, call the Federal 

Relay Service (FRS), toll free, at 1–800–

877–8339. 

VIII. Other Information 

Alternative Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

an alternative format (e.g., Braille, large 

print, audiotape, or computer diskette) 

by contacting the Grants and Contracts 

Services Team, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 5075, PCP, Washington, DC 

20202–2550. Telephone: (202) 245–

7363. If you use a TDD, call the FRS, toll 

free, at 1–800–877–8339. 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

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. E8–21139 Filed 9–10–08; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Submission for OMB Review; 

Comment Request 

AGENCY: Department of Education. 

SUMMARY: The IC Clearance Official, 

Regulatory Information Management 

Services, Office of Management invites 

comments on the submission for OMB 

review as required by the Paperwork 

Reduction Act of 1995. 

DATES: Interested persons are invited to 

submit comments on or before October 

14, 2008. 

ADDRESSES: Written comments should 

be addressed to the Office of 

Information and Regulatory Affairs, 

Attention: Education Desk Officer, 

Office of Management and Budget, 725 

17th Street, NW., Room 10222, 

Washington, DC 20503. Commenters are 

encouraged to submit responses 

electronically by e-mail to 

oira_submission@omb.eop.gov or via fax 

to (202) 395–6974. Commenters should 

include the following subject line in 

their response ‘‘Comment: [insert OMB 

number], [insert abbreviated collection 

name, e.g., ‘‘Upward Bound 

Evaluation’’]. Persons submitting 

comments electronically should not 

submit paper copies. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35) requires 

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 

waive the requirement for public 

consultation to the extent that public 

participation in the approval process 

would defeat the purpose of the 

information collection, violate State or 

Federal law, or substantially interfere 

with any agency’s ability to perform its 

statutory obligations. The IC Clearance 

Official, Regulatory Information 

Management Services, Office of 


rmajette on PRODPC74 with NOTICES
Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Notices 52849 

Management, publishes that notice 

containing proposed information 

collection requests prior to submission 

of these requests to OMB. Each 

proposed information collection, 

grouped by office, contains the 

following: (1) Type of review requested, 

e.g., new, revision, extension, existing 

or reinstatement; (2) Title; (3) Summary 

of the collection; (4) Description of the 

need for, and proposed use of, the 

information; (5) Respondents and 

frequency of collection; and (6) 

Reporting and/or Recordkeeping 

burden. OMB invites public comment. 

Dated: September 8, 2008. 

Angela C. Arrington, 

IC Clearance Official, Regulatory Information 

Management Services, Office of Management. 

Office of Elementary and Secondary 

Education 

Type of Review: New Collection. 

Title: Leveraging Educational 

Technology to Keep America 

Competitive: National Teacher 

Technology Study. 

Frequency: On Occasion. 

Affected Public: Individuals or 

household. 

Reporting and Recordkeeping Hour 

Burden: 

Responses: 2300. 

Burden Hours: 750. 

Abstract: The purpose of this study is 

to invesigate the technology experiences 

included in pre-service teacher 

preparation programs, as well as how 

teachers use technology in the 

classroom. A three-phase grounded 

theory research design employs (1) 

educational technology faculty and 

general induction teacher surveys, (2) 

educational technology faculty and 

accomplished technology-using teacher 

phone interviews, and (3) case studies 

of teacher education programs and 

accomplished technology-using 

teachers. 

Requests for copies of the information 

collection submission for OMB review 

may be accessed from http:// 

edicsweb.ed.gov, by selecting the 

‘‘Browse Pending Collections’’ link and 

by clicking on link number. When you 

access the information collection, click 

on ‘‘Download Attachments’’ to view. 

Written requests for information should 

be addressed to U.S. Department of 

Education, 400 Maryland Avenue, SW., 

LBJ, Washington, DC 20202–4537. 

Requests may also be electronically 

mailed to ICDocketMgr@ed.gov or faxed 

to 202–401–0920. Please specify the 

complete title of the information 

collection when making your request. 

Comments regarding burden and/or 

the collection activity requirements 

should be electronically mailed to 

WASHINGTONICDocketMgr@ed.gov 

202–401–1097. Individuals who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–

8339. 

[FR Doc. E8–21230 Filed 9–10–08; 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: The Department of Education 

(Department) gives notice that on April 

7, 2008, an arbitration panel rendered a 

decision in the matter of David 

Zelickson v. California Department of 

Rehabilitation, Case no. R–S/06–10). 

This panel was convened by the 

Department under 20 U.S.C. 107d–1(a), 

after the Department received a 

complaint filed by the petitioner, David 

Zelickson. 

FOR FURTHER INFORMATION CONTACT: You 

may obtain a copy of the full text of the 

arbitration panel decision from Suzette 

E. Haynes, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 5022, Potomac Center Plaza, 

Washington, DC 20202–2800. 

Telephone: (202) 245–7374. If you use a 

telecommunications device for the deaf 

(TDD), you may call the Federal Relay 

Service (FRS) 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) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: Under 

section 6(c) of the Randolph-Sheppard 

Act (the 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 

Mr. David Zelickson (complainant) 

alleged violations by the California 

Department of Rehabilitation, the state 

licensing agency (SLA) of the RandolphSheppard Act (Act), and the 

implementing regulations in 34 CFR 

part 395. Complainant alleged that the 

SLA failed to enforce the arbitration 

panel decision and award in the case of 

California Department of Education v. 

General Services Administration, Case 

no. R–S/99–1. The aforementioned 

grievance was a complaint filed by the 

SLA regarding management of a vending 

facility at the Roybal Federal Building 

(Roybal) in Los Angeles, California 

where complainant was assigned as the 

licensed blind vendor. 

Specifically, complainant received a 

permit from the SLA to operate the 

Roybal building in 1993. The permit 

was renewed in 1996. In November 

1997, the General Services 

Administration (GSA) requested the 

removal of complainant from the Roybal 

building indicating its right to do so 

because of a change in the nature of the 

food service provided at the vending 

facility. 

The SLA requested the Secretary of 

Education to convene a federal 

arbitration panel to hear this matter. A 

panel was convened. On December 26, 

2000, the panel found that GSA was in 

violation of the act concerning the 

removal of complainant from the Roybal 

building. In the decision and award, the 

panel ruled that complainant should be 

reinstated to the Roybal building and 

that GSA was obligated to make both the 

complainant and the SLA whole for 

their economic losses. GSA did not 

contest the award that was final and 

binding. 

For six years, the SLA attempted to 

secure voluntary compliance by GSA 

with the December 2000 decision and 

award. GSA refused until March 2006 to 

allow complainant to return to the 

Roybal building. GSA claiming 

sovereign immunity, also maintained 

that it never agreed to compensate 

complainant for his economic losses. 

Shortly after March 2006, 

complainant filed a request for Federal 

arbitration with the secretary of 

Education regarding this matter. A 

Federal arbitration panel heard this case 

on August 10, 2007. 

According to the arbitration panel, the 

issues to be resolved were as follows: (1) 

To what extent, if any was the SLA 

obligated to enforce the 2000 arbitration 

decision and award; (2) did the SLA 

meet its obligation to complainant; and 

(3) if not, what was the appropriate 

remedy. 

Arbitration Panel Decision 

After reviewing all of the records and 

hearing testimony of witnesses, the 

panel majority found that the SLA was 

obligated to enforce the 2000 arbitration 

decision and award and failed to meet 

its obligation to the complainant by not 

suing for enforcement of the arbitration 

decision and award. As discussed by the 

panel, a lawsuit is the only way an SLA 


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