52974 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Notices 

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 

The Hawaii Department of Human 

Services, Vocational Rehabilitation and 

Services for the Blind Division, the State 

Licensing Agency (SLA) alleged 

violations by the United States 

Department of Defense, Department of 

the Navy (Navy) of the Act, and the 

implementing regulations in 34 CFR 

part 395. Specifically, the SLA alleged 

the Navy improperly denied the SLA’s 

request to establish a RandolphSheppard vending facility at three 

parcels of real property located at the 

Pearl Harbor Naval Base. The Navy 

owned the parcels but leased them to 

private entities as described in this 

notice. 

In 1999, Congress gave the Navy 

authority to lease or convey real and 

personal property in Hawaii that was 

not needed for Navy operations. On 

June 30, 2003, the Navy entered into a 

lease with Fluor Hawaii, LLC, which 

was terminated in April 2007, covering 

an area of property at Pearl Harbor 

immediately adjacent to the USS 

Arizona Memorial Visitor Center that is 

known as Halawa Landing. The lease 

granted exclusive use and possession of 

the property for a term of 65 years and 

provided that the property be used 

solely for a support facility for visitor 

attractions. 

In November 2004, the lessee entered 

into an agreement with the Pearl Harbor 

Visitor Center (PHVC) providing for the 

provision of visitors services at Halawa 

Landing including but not limited to 

food, beverage, bag storage, and visitor 

information. Between late 2004 and 

early 2007, PHVC operated several food 

concessions and other visitor services in 

a large white tent constructed on a 

portion of the Halawa Landing property 

adjacent to the primary parking lot used 

by visitors. A blind vendor operated a 

food stand at the entrance to that 

complex pursuant to a concession 

granted by the National Park Service. 

In June 2003, the Navy entered into a 

lease with a private party for Ford 

Island, which covered certain Pearl 

Harbor property on which old and 

underutilized airplane hangars stood. In 

2006, the lessee subleased a portion of 

the area to the Pacific Aviation Museum 

(PAM) at Pearl Harbor. The PAM 

included a cafe, which sold a variety of 

food and beverages. 

On July 7, 1986, the Navy leased 

certain property near Halawa Landing 

for the sole purpose of establishing a 

museum. Inside the museum, known as 

the USS Bowfin Museum, was a hot dog 

cart where, in addition to hot dogs, 

sandwiches, snacks, beverages, and ice 

cream, some nonfood items were sold. 

The SLA alleged that the three parcels 

of real property at the Pearl Harbor 

Naval base leased by Navy to a private 

entity were in violation of the Act that 

authorizes blind persons to operate 

vending facilities on any Federal 

property. Navy responded that the Act 

did not apply to leased property. After 

several informal attempts to resolve this 

dispute, the SLA filed for Federal 

arbitration in February 2006. A hearing 

on this matter was held on July 25, 

2007. 

The issues heard by the arbitration 

panel were: whether the act applies to 

real property owned by Navy if leased 

to a private entity and whether an 

arbitration panel convened under the 

Act can award monetary damages. 

Arbitration Panel Decision 

After reviewing all of the records and 

hearing testimony of witnesses, the 

panel ruled for the Navy. While finding 

the Act ambiguous with regard to 

whether the priority provisions of the 

Act at 20 U.S.C. 107(b) applies to 

Federally owned property that has been 

leased to a private entity, the panel 

concluded, based on legislative history 

as well as the text of the Act and its 

implementing regulations, that the 

priority applies only on property 

‘‘controlled, maintained, or operated by 

Federal agencies.’’ 

Specifically, the panel majority found 

that Congress had authorized the 

Secretary of the Navy to sell or lease any 

property in excess of the needs of the 

Navy. The Navy entered into lease 

agreements granting exclusive use and 

possession of the leased properties. 

With respect to the USS Bowfin 

Museum, the arbitration panel 

determined that, because no cafe or 

cafeteria was planned for the museum, 

the SLA’s claims regarding the museum 

were moot. With respect to the Halawa 

Landing and PAM properties, the 

majority concluded that the priority did 

not apply because the Navy did not 

control the leased properties. 

Furthermore, the panel concluded 

that the satisfactory site provisions of 

the Act did not apply because no 

Federal employees used the properties 

and there was not any Federal office 

space located there. Based upon the 

foregoing, the panel ruled that the Act’s 

priority did not apply to these 

properties leased by the Navy. 

Lastly, although stating that the 

concession area in the white tent at 

Halawa Landing apparently damaged 

the blind vendor financially, the panel 

concluded that the Act does not prohibit 

competition except in instances where 

vending machines are in direct 

competition with a blind vendor’s 

facility, which did not occur here. In 

addition, the panel concluded that the 

SLA would not be entitled to damages 

even if the Navy violated the Act 

because the Act does not authorize the 

panel to make damages awards. One 

panel member concurred with the 

majority opinion and 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, 2009. 

Tracy R. Justesen, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. E8–21142 Filed 9–11–08; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 12569–001] 

Public Utility District No. 1 of 

Okanogan County; Notice of 

Application Tendered for Filing With 

the Commission 

September 5, 2008. 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection. 

a. Type of Application: Major License. 

b. Project No.: P–12569–001. 


ebenthall on PROD1PC60 with NOTICES
Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Notices 52975 

c. Date filed: August 22, 2008. 

d. Applicant: Public Utility District 

No. 1 of Okanogan County. 

e. Name of Project: Enloe 

Hydroelectric Project. 

f. Location: On the Similkameen 

River, near the Town of Oroville, 

Okanogan County, Washington. The 

project occupies about 35.47 acres of 

federal lands under the jurisdiction of 

the U.S. Bureau of Land Management. 

g. Filed Pursuant to: Federal Power 

Act 16 U.S.C. 791(a)–825(r). 

h. Applicant Contact: John R. 

Grubich, General Manager, Public 

Utility District No. 1 of Okanogan 

County, P.O. Box 912, Okanogan, 

Washington 98840, (509) 422–8485. 

i. FERC Contact: 

Dianne Rodman, 888 First Street, NE., 

Room 6B–02, Washington, DC 20426, 

(202) 502–6077, 

dianne.rodman@ferc.gov. 

Kim A. Nguyen, 888 First Street, NE., 

Room 63–11, Washington, DC 20426, 

(202) 502–6105, kim.nguyen@ferc.gov. 

j. Cooperating agencies: We are asking 

Federal, state, local, and tribal agencies 

with jurisdiction and/or special 

expertise with respect to environmental 

issues to cooperate with us in the 

preparation of the environmental 

document. Agencies who would like to 

request cooperating status should follow 

the instructions for filing comments 

described in item l below. Cooperating 

agencies should note the Commission’s 

policy that agencies that cooperate in 

the preparation of the environmental 

document cannot also intervene. See, 94 

FERC ¶ 61,076 (2001). 

k. The application is not ready for 

environmental analysis at this time. 

l. Deadline for requesting cooperating 

agency status is October 21, 2008. 

All documents (original and eight 

copies) should be filed with: Kimberly 

D. Bose, Secretary, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426. 

m. The Enloe Project would consist of: 

(1) An existing 315-foot-long and 54- 

foot-high concrete gravity arch dam 

with an integrated 276-foot-long central 

overflow spillway with 5-foot-high 

flashboards; (2) an existing 76.6-acre 

reservoir (narrow channel of the 

Similkameen River) with a storage 

capacity of 775 acre-feet at 1049.3 feet 

mean sea level; (3) an 190-foot-long 

intake canal on the east abutment of the 

dam diverting flows into the penstock 

intake structure; (4) a 35-foot-long by 

30-foot-wide penstock intake structure; 

(5) two above-ground 8.5-foot-diameter 

steel penstocks carrying flows from the 

intake to the powerhouse; (6) a 

powerhouse containing two vertical 

Kaplan turbine/generator units with a 

total installed capacity of 9.0 megawatts; 

(7) a 180-foot-long tailrace channel that 

would convey flows from the 

powerhouse to the Similkameen River, 

downstream of the Similkameen Falls; 

(8) a new substation adjacent to the 

powerhouse; (9) a new 100-foot-long, 

13.2-kilovolt primary transmission line 

from the substation connecting to an 

existing distribution line; (10) new and 

upgraded access roads, and (11) 

appurtenant facilities. 

The project is estimated to generate an 

average of 54 gigawatthours annually. 

n. A copy of the application is 

available for review at the Commission 

in the Public Reference Room or may be 

viewed on the Commission’s Web site at 

http://www.ferc.gov using the 

‘‘eLibrary’’ link. Enter the docket 

number excluding the last three digits in 

the docket number field to access the 

document. For assistance, contact FERC 

Online Support at 

FERCOnlineSupport@ferc.gov or tollfree at 1–866–208–3676, or for TTY, 

(202) 502–8659. A copy is also available 

for inspection and reproduction at the 

address in item h above. 

You may also register online at 

http://www.ferc.gov/docs-filing/ 

esubscription.asp to be notified via email of new filings and issuances 

related to this or other pending projects. 

For assistance, contact FERC Online 

Support. 

o. With this notice, we are initiating 

consultation with the Washington State 

Historic Preservation Officer, as 

required by section 106, National 

Historic Preservation Act, and the 

regulations of the Advisory Council on 

Historic Preservation, 36 CFR 800.4. 

p. Procedural schedule: The 

application will be processed according 

to the following Hydro Licensing 

Schedule. Revisions to the schedule will 

be made as appropriate. 

Issue Deficiency Letter, if needed ................................................................................................................................................. September 2008. 

Issue Acceptance letter ................................................................................................................................................................... January 2009. 

Issue Scoping Document 1 ............................................................................................................................................................. February 2009. 

Issue Scoping Document 2 ............................................................................................................................................................. May 2009. 

Notice that application is ready for environmental analysis ....................................................................................................... May 2009. 

Notice of availability of the draft Environmental Assessment .................................................................................................... October 2009. 

Notice of availability of the final Environmental Assessment .................................................................................................... March 2010. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E8–21153 Filed 9–11–08; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings 

September 9, 2008. 

Take notice that the Commission has 

received the following Natural Gas 

Pipeline Rate and Refund Report filings: 

Docket Numbers: RP08–591–000 

Applicants: Equitrans, L.P. 

Description: Equitrans, LP submits 

Twenty First Revised Sheet 5 et al to 

FERC Gas Tariff, Original Volume 1, 

effective 10/1/08. 

Filed Date: 08/29/2008 

Accession Number: 20080903–0031 

Comment Date: 5 p.m. Eastern Time 

on Friday, September 12, 2008. 

Docket Numbers: RP08–602–000 

Applicants: Sabine Pipe Line LLC 

Description: Sabine Pipe Line LLC 

submits a revision to original transmittal 

letter dated 8/27/08, correcting 

proposed effective date of October 1, 

2008 instead of November 1, 2008. 

Filed Date: 09/08/2008 

Accession Number: 20080908–4000 

Comment Date: 5 p.m. Eastern Time 

on Monday, September 22, 2008. 

Docket Numbers: CP03–342–005 

CP03–343–003 

Applicants: Discovery Gas 

Transmission LLC and Discovery 

Producer Services LLC 

Description: Discovery Gas 

Transmission LLC and Discovery 

Producer Services LLC submit a joint 

abbreviated application to amend the 

certificate granted by FERC’s order 

issued 5/6/04. 

Filed Date: 08/12/2008 

Accession Number: 20080818–0056 

Comment Date: 5 p.m. Eastern Time 

on Friday, September 19, 2008. 

Docket Numbers: CP08–30–001 

Applicants: Colorado Interstate Gas 

Company 

Description: Colorado Interstate Gas 

Company petitions to amend order to 

reflect increased project costs and to 

revise initial rates. 


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