Arbitration Panel Decision Under the Randolph-Sheppard Act, 40172-40173 [E9-19235]
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Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Notices
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[FR Doc. E9–19230 Filed 8–10–09; 8:45 am]
BILLING CODE 3720–58–P
DEPARTMENT OF EDUCATION
Arbitration Panel Decision Under the
Randolph-Sheppard Act
Department of Education.
Notice of arbitration panel
decision under the Randolph-Sheppard
Act.
AGENCY:
sroberts on DSKD5P82C1PROD with NOTICES
ACTION:
SUMMARY: The Department of Education
(Department) gives notice that on March
1, 2009, an arbitration panel rendered a
decision in the matter of Bernard R.
Werwie, Sr. v. Pennsylvania Office of
Vocational Rehabilitation, Case No. R–
S/07–9. This panel was convened by the
Department under 20 U.S.C. 107d–1(a),
VerDate Nov<24>2008
20:51 Aug 10, 2009
Jkt 217001
after the Department received a
complaint filed by the petitioner,
Bernard R. Werwie, Sr.
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), toll-free, at 1–800–877–
8339.
Individuals with disabilities may
obtain this document in an accessible
format (e.g., braille, large print,
audiotape, or computer diskette) on
request to the contact person listed
under FOR FURTHER INFORMATION
CONTACT.
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.
SUPPLEMENTARY INFORMATION:
Background
Mr. Bernard R. Werwie, Sr.,
(Complainant) alleged violations by the
Pennsylvania Office of Vocational
Rehabilitation, the State licensing
agency (SLA) of the Randolph-Sheppard
Act (Act) and the implementing
regulations in 34 CFR part 395.
Specifically, Complainant alleged that
the SLA improperly administered the
Randolph-Sheppard Vending Facility
Program in violation of the Act,
implementing regulations under the
Act, and State rules and regulations,
when the SLA denied Complainant’s
bid to manage Facility #804 at the U.S.
Post Office in Pittsburgh, Pennsylvania.
On or about June 2006, Facility #804
became available due to the death of the
previous vending facility manager. At
that time, the SLA placed the facility
out for bid on a regional satellite basis
rather than on a Statewide or permanent
basis. According to section 2430.91 of
the SLA’s rules and regulations
governing the Randolph-Sheppard
vending program, a satellite facility is
one operated by a vendor at the same
time the vendor is operating another
assigned facility. The SLA is authorized
to establish a satellite facility only on a
temporary basis when the SLA can
demonstrate that it does not have a
qualified blind vendor to place on a
permanent basis.
The SLA alleged that, because there
was a crisis situation at Facility #804, its
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
decision to place the facility out for bid
on a regional satellite basis rather than
on a Statewide or permanent basis was
within its discretion under its State
rules and regulations. Further, the SLA
contended that its decision was
sanctioned by the Elected Committee of
Blind Vendors (ECBV), which pursuant
to the Act and 34 CFR part 395, is an
elected body fully representative of all
blind vendors in a State.
A State fair hearing on this matter was
held on March 19, 2007. On April 18,
2007, the hearing officer issued a
decision denying Complainant’s
grievance. It was this decision that
Complainant sought review of by a
Federal arbitration panel.
According to the arbitration panel, the
issues to be resolved were: (i) Whether
the Pennsylvania Office of Vocational
Rehabilitation’s decision to bid Facility
#804 on a regional basis violated the
Randolph-Sheppard Act, the
implementing regulations, and State
program rules and regulations; and (ii)
if there was a violation, what is the
remedy.
Arbitration Panel Decision
After hearing testimony and
reviewing all of the evidence, the panel
majority ruled that the Pennsylvania
Office of Vocational Rehabilitation’s
decision was a reasonable, good faith
attempt to remedy a bad situation, and
was done in the best interest of all
licensed blind vendors in the State of
Pennsylvania. The panel denied
Complainant’s request to be placed
without delay to Facility #804.
Additionally, the panel denied his
request for monetary relief.
One panel member dissented.
Specifically, this panel member
believed that the SLA unlawfully
designated Facility #804 as a satellite
facility and that the Complainant should
have been compensated for loss of
revenue had he been the successful
bidder as well as for attorney’s fees
incurred in his seeking Federal
arbitration.
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: https://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
E:\FR\FM\11AUN1.SGM
11AUN1
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Notices
Tentative Agenda
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: https://www.gpoaccess.gov/nara/
index.html.
Delegation of Authority: The Secretary
of Education has delegated authority to
Andrew J. Pepin, Executive
Administrator for the Office of Special
Education and Rehabilitative Services,
to perform the functions of the Assistant
Secretary for Special Education and
Rehabilitative Services.
Dated: August 6, 2009.
Andrew J. Pepin,
Acting Assistant Secretary for Special
Education and Rehabilitative Services.
[FR Doc. E9–19235 Filed 8–10–09; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Ultra-Deepwater Advisory Committee;
Open Meeting
Department of Energy, Office of
Fossil Energy.
ACTION: Notice of open meeting.
sroberts on DSKD5P82C1PROD with NOTICES
AGENCY:
SUMMARY: This notice announces a
meeting of the Ultra-Deepwater
Advisory Committee. The Federal
Advisory Committee Act (Pub. L. 92–
463, 86 Stat. 770) requires that public
notice of this meeting be announced in
the Federal Register.
DATES: Wednesday, September 16, 2009,
1:30 p.m.–5 p.m. (CDT), and Thursday,
September 17, 2009, 8 a.m.–12 p.m.
(CDT).
ADDRESSES: Crowne Plaza Riverwalk,
111 E. Pecan Street, San Antonio, TX
78205.
FOR FURTHER INFORMATION CONTACT:
Elena Melchert, U.S. Department of
Energy, Office of Oil and Natural Gas,
Washington, DC 20585. Phone: 202–
586–5600.
SUPPLEMENTARY INFORMATION:
Purpose of the Committee: The
purpose of the Ultra-Deepwater
Advisory Committee is to provide
advice on development and
implementation of programs related to
ultra-deepwater architecture and
technology to the Secretary of Energy
and provide comments and
recommendations and priorities for the
Department of Energy Annual Plan per
requirements of the Energy Policy Act of
2005, Title IX, Subtitle J, Section 999D.
20:51 Aug 10, 2009
Jkt 217001
DEPARTMENT OF ENERGY
September 16
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.
VerDate Nov<24>2008
40173
Unconventional Resources
Technology Advisory Committee
1 p.m.–1:30 p.m.—Registration
1:30 p.m.—Call to Order and Welcome,
Introductions, Opening Remarks,
Standing Subcommittee Reports,
Status Updates as of Last Meeting,
Topical Presentations such as:
Legislative Update; Ocean Task Force
Update; DOE Response to Comments
from Ocean Conservation Research;
Benefits Assessment Program; the
Technology Transfer Program and
Knowledge Management Database
demo; and Overview of the 2010
Annual Plan.
5 p.m.—Suspend meeting until
September 17
September 17
7:30 a.m.–8 a.m.—Registration
8 a.m.—Continue Overview of the 2010
Annual Plan and Deadlines, and Ad
Hoc Review Committees
11:45 a.m.—Public Comments
12 p.m.—Adjourn
Public Participation: The meeting is
open to the public. The Designated
Federal Officer and the Chairman of the
Committee will lead the meeting for the
orderly conduct of business. If you
would like to file a written statement
with the Committee, you may do so
either before or after the meeting. If you
would like to make oral statements
regarding any of the items on the
agenda, you should contact Elena
Melchert at the address or telephone
number listed above. You must make
your request for an oral statement at
least five business days prior to the
meeting, and reasonable provisions will
be made to include the presentation on
the agenda. Public comment will follow
the 5 minute rule.
Minutes: The minutes of this meeting
will be available for public review and
copying within 60 days at the Freedom
of Information Public Reading Room,
Room 1G–033, Forrestal Building, 1000
Independence Avenue, SW.,
Washington, DC, between 9 a.m. and 4
p.m., Monday through Friday, except
Federal holidays.
Issued at Washington, DC, on August 5,
2009.
Rachel Samuel,
Deputy Committee Management Officer.
[FR Doc. E9–19226 Filed 8–10–09; 8:45 am]
BILLING CODE 6450–01–P
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AGENCY: Department of Energy, Office of
Fossil Energy.
ACTION: Notice of open meeting.
SUMMARY: This notice announces a
meeting of the Unconventional
Resources Technology Advisory
Committee. The Federal Advisory
Committee Act (Pub. L. 92–463, 86 Stat.
770) requires that public notice of this
meeting be announced in the Federal
Register.
DATES: Tuesday, September 15, 2009,
1:30 p.m.–5 p.m. (CDT) and Wednesday,
September 16, 2009, 8 a.m.–12 p.m.
(CDT).
ADDRESSES: Crowne Plaza Riverwalk,
111 E. Pecan Street, San Antonio, TX
78205.
FOR FURTHER INFORMATION CONTACT:
Elena Melchert, U.S. Department of
Energy, Office of Oil and Natural Gas,
Washington, DC 20585. Phone: 202–
586–5600.
SUPPLEMENTARY INFORMATION:
Purpose of the Committee: The
purpose of the Unconventional
Resources Technology Advisory
Committee is to provide advice on
development and implementation of
programs related to onshore
unconventional natural gas and other
petroleum resources to the Secretary of
Energy; and provide comments and
recommendations and priorities for the
Department of Energy Annual Plan per
requirements of the Energy Policy Act of
2005, Title IX, Subtitle J, Section 999D.
Tentative Agenda
September 15
1 p.m.–1:30 p.m.—Registration
1:30 p.m.—Call to Order and
Welcome, Introductions, Opening
Remarks, Standing Subcommittee
Reports, Status Updates as of Last
Meeting, Topical Presentations such as:
Legislative Update; Benefits Assessment
Program; the Technology Transfer
Program and Knowledge Management
Database demo; and Overview of the
2010 Annual Plan.
5 p.m.—Suspend meeting until
September 16
September 16
7:30 a.m.–8 a.m.—Registration
8 a.m.—Continue Overview of the
2010 Annual Plan and Deadlines and
Ad Hoc Review Committees
11:45 a.m.—Public Comments
12 p.m.—Adjourn
E:\FR\FM\11AUN1.SGM
11AUN1
Agencies
[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Notices]
[Pages 40172-40173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19235]
=======================================================================
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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
March 1, 2009, an arbitration panel rendered a decision in the matter
of Bernard R. Werwie, Sr. v. Pennsylvania Office of Vocational
Rehabilitation, Case No. R-S/07-9. 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, Bernard R. Werwie, Sr.
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), toll-free, at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
accessible 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. Bernard R. Werwie, Sr., (Complainant) alleged violations by the
Pennsylvania Office of Vocational Rehabilitation, the State licensing
agency (SLA) of the Randolph-Sheppard Act (Act) and the implementing
regulations in 34 CFR part 395. Specifically, Complainant alleged that
the SLA improperly administered the Randolph-Sheppard Vending Facility
Program in violation of the Act, implementing regulations under the
Act, and State rules and regulations, when the SLA denied Complainant's
bid to manage Facility 804 at the U.S. Post Office in
Pittsburgh, Pennsylvania.
On or about June 2006, Facility 804 became available due
to the death of the previous vending facility manager. At that time,
the SLA placed the facility out for bid on a regional satellite basis
rather than on a Statewide or permanent basis. According to section
2430.91 of the SLA's rules and regulations governing the Randolph-
Sheppard vending program, a satellite facility is one operated by a
vendor at the same time the vendor is operating another assigned
facility. The SLA is authorized to establish a satellite facility only
on a temporary basis when the SLA can demonstrate that it does not have
a qualified blind vendor to place on a permanent basis.
The SLA alleged that, because there was a crisis situation at
Facility 804, its decision to place the facility out for bid
on a regional satellite basis rather than on a Statewide or permanent
basis was within its discretion under its State rules and regulations.
Further, the SLA contended that its decision was sanctioned by the
Elected Committee of Blind Vendors (ECBV), which pursuant to the Act
and 34 CFR part 395, is an elected body fully representative of all
blind vendors in a State.
A State fair hearing on this matter was held on March 19, 2007. On
April 18, 2007, the hearing officer issued a decision denying
Complainant's grievance. It was this decision that Complainant sought
review of by a Federal arbitration panel.
According to the arbitration panel, the issues to be resolved were:
(i) Whether the Pennsylvania Office of Vocational Rehabilitation's
decision to bid Facility 804 on a regional basis violated the
Randolph-Sheppard Act, the implementing regulations, and State program
rules and regulations; and (ii) if there was a violation, what is the
remedy.
Arbitration Panel Decision
After hearing testimony and reviewing all of the evidence, the
panel majority ruled that the Pennsylvania Office of Vocational
Rehabilitation's decision was a reasonable, good faith attempt to
remedy a bad situation, and was done in the best interest of all
licensed blind vendors in the State of Pennsylvania. The panel denied
Complainant's request to be placed without delay to Facility
804. Additionally, the panel denied his request for monetary
relief.
One panel member dissented. Specifically, this panel member
believed that the SLA unlawfully designated Facility 804 as a
satellite facility and that the Complainant should have been
compensated for loss of revenue had he been the successful bidder as
well as for attorney's fees incurred in his seeking Federal
arbitration.
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:
https://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
[[Page 40173]]
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: https://www.gpoaccess.gov/nara/.
Delegation of Authority: The Secretary of Education has delegated
authority to Andrew J. Pepin, Executive Administrator for the Office of
Special Education and Rehabilitative Services, to perform the functions
of the Assistant Secretary for Special Education and Rehabilitative
Services.
Dated: August 6, 2009.
Andrew J. Pepin,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. E9-19235 Filed 8-10-09; 8:45 am]
BILLING CODE 4000-01-P