President's Board of Advisors on Historically Black Colleges and Universities, 4289-4290 [2012-1824]
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Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Notices
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process Complainant’s permit
application. On December 9, 2009,
DVA’s Regional Counsel denied
Complainant’s request to process the
permit application.
The DVA’s position was that it
properly denied the Complainant’s
application for two reasons. One, the
Clinic did not support a vending facility
because of its scattered buildings, and
two, the DVA was not obligated to
ensure the Clinic supported a vending
facility. Specifically, the DVA’s position
was that the regulations requiring a
satisfactory site or sites for the location
and operation of a vending facility by a
blind vendor under certain
circumstances did not apply to the
Clinic because the DVA has operated
the clinic since 1949 and its buildings
contain fewer than 15,000 square feet of
interior space and house less than 100
Federal employees during normal
working hours.
Complainant filed a request for
Federal arbitration with the Department.
A hearing on this matter was held on
April 13 and 14, 2011. The issue as
determined by the arbitration panel was
‘‘whether the Department of Veterans
Affairs violated the Randolph-Sheppard
Act by denying the request to process
the permit application of the Oregon
Commission for the Blind for a permit
to operate the Clinic vending
machines.’’
Arbitration Panel Decision
After reviewing all of the testimony
and evidence, the panel found that the
Clinic is a single facility and that its
vending machines are part and parcel of
that facility. The panel noted that the
parties’ differing interpretations stem
from the fact that regulations in 34 CFR,
part 395, do not specifically address a
State licensing agency’s (SLA’s) permit
application covering a building that was
not new or renovated after January 1,
1975. The panel determined that, in
cases of statutory ambiguity,
‘‘regulations must be interpreted in a
way that will serve the objectives of the
statute and reasonably be consistent
with the statute.’’
The panel first determined that the
purpose of the Act clearly is to enlarge
economic opportunities of the blind.
The panel then recognized that section
395.31 of the regulations attempts to
implement this statutory purpose
through the satisfactory site
requirements. The panel also considered
the last sentence in 395.31(e) to be
relevant, although it did not apply
directly to the facts in this case. This
section provides that nothing in section
395.31 precludes an SLA and a Federal
property managing department from
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agreeing to a vending facility even if the
site does not meet minimum
requirements under the satisfactory site
provisions.
The panel found that the DVA’s
position of strictly interpreting the
regulations ‘‘contradicts section 107 [of
the Act] by restricting and thwarting
opportunities for the blind.’’
Accordingly, the panel found that: (1)
The priority provisions of the RandolphSheppard Act applied to the Clinic; (2)
The DVA improperly denied
Complainant’s application for a permit
to operate vending machines at the
Clinic; and (3) the existing Clinic
vending machines are not exempted
from the Award and Order.
One panel member dissented. This
panel member found that the Clinic
buildings constructed or substantially
modified after January 1, 1975, are
exempt from the Randolph-Sheppard
Act by application of the minimum
standards of 34 CFR 395.31(d). This
panel member also determined that the
remaining Clinic buildings existing on
January 1, 1975, that were not
substantially renovated since that date
are exempt from the priority provisions
of the Act. Thus, the DVA was justified
in declining Complainant’s application
for a permit to place vending machines
at the Clinic.
The views and opinions expressed by
the panel do not necessarily represent
the views and opinions of the
Department.
Electronic Access to This Document:
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 via the Federal Digital System
at: www.gpo.gov/fdsys. At this site 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). To use PDF you must
have Adobe Acrobat Reader, which is
available free at this site.
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Department published in the Federal
Register by using the article search
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Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: January 24, 2012.
Alexa Posny,
Assistant Secretary for Special Education and
Rehabilitative Services.
[FR Doc. 2012–1822 Filed 1–26–12; 8:45 am]
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4289
DEPARTMENT OF EDUCATION
President’s Board of Advisors on
Historically Black Colleges and
Universities
U.S. Department of Education,
President’s Board of Advisors on
Historically Black Colleges and
Universities (Board).
ACTION: Notice of an open meeting.
AGENCY:
This notice sets forth the
schedule and agenda of the meeting of
the President’s Board of Advisors on
Historically Black Colleges and
Universities. The notice also describes
the functions of the Board. Notice of the
meeting is required by section 10(a)(2)
of the Federal Advisory Committee Act
and intended to notify the public of its
opportunity to attend.
DATES: Tuesday, February 7, 2012.
Time: 9 a.m.–2 p.m.
ADDRESSES: Morgan State University,
Calvin and Tina Tyler Ballroom,
University Student Center, 1700 E. Cold
Spring Lane, Baltimore, Maryland
21251, (443) 885–4369.
FOR FURTHER INFORMATION CONTACT: John
Silvanus Wilson, Jr., Executive Director,
White House Initiative on Historically
Black Colleges and Universities, 400
Maryland Avenue SW., Washington, DC
20204; telephone: (202) 453–5634, fax:
(202) 453–5632.
SUPPLEMENTARY INFORMATION: The
President’s Board of Advisors on
Historically Black Colleges and
Universities (the Board) is established
by Executive Order 13532 (February 26,
2010). The Board is governed by the
provisions of the Federal Advisory
Committee Act (FACA), (Pub. L. 92–463;
as amended, 5 U.S.C.A., Appendix 2)
which sets forth standards for the
formation and use of advisory
committees. The purpose of the Board is
to advise the President and the
Secretary of Education (Secretary) on all
matters pertaining to strengthening the
educational capacity of Historically
Black Colleges and Universities
(HBCUs).
The Board shall advise the President
and the Secretary in the following areas:
(i) Improving the identity, visibility, and
distinctive capabilities and overall
competitiveness of HBCUs; (ii) engaging
the philanthropic, business,
government, military, homelandsecurity, and education communities in
a national dialogue regarding new
HBCU programs and initiatives; (iii)
improving the ability of HBCUs to
remain fiscally secure institutions that
can assist the nation in reaching its goal
of having the highest proportion of
SUMMARY:
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4290
Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Notices
college graduates by 2020; (iv) elevating
the public awareness of HBCUs; and (v)
encouraging public-private investments
in HBCUs.
Agenda:
The Board will receive updates from
the Chairman of the President’s Board of
Advisors on HBCUs, the Board’s
subcommittees and the Executive
Director of the White House Initiative
on HBCUs on their respective activities
during Fiscal Year 2011 including
activities that have occurred since the
Board’s last meeting, which was held on
September 21, 2011. In addition, the
Board will discuss the federal
government’s support of HBCUs in
Fiscal Year 2010, the budget outlook for
federal support in Fiscal Year 2012 and
possible strategies to meet its duties
under its charter.
Individuals who will need
accommodations for a disability in order
to attend the meeting (e.g., interpreting
services, assistive listening devices, or
material in alternative format) should
notify John P. Brown, Associate
Director, White House Initiative on
HBCUs, at (202) 453–5645, no later than
Friday, February 3, 2012. We will
attempt to meet requests for such
accommodations after this date, but
cannot guarantee their availability. The
meeting site is accessible to individuals
with disabilities.
An opportunity for public comment is
available on Tuesday, February 7, 2012,
from 1:30 p.m.–2 p.m. Individuals who
wish to provide comments will be
allowed three to five minutes to speak.
Those members of the public interested
in submitting written comments may do
so by submitting them to the attention
of John S. Wilson, Jr., White House
Initiative on Historically Black Colleges
and Universities, U.S. Department of
Education, 400 Maryland Avenue SW.,
Washington, DC 20202, by Friday,
February 3, 2012.
Records are kept of all Board
proceedings and are available for public
inspection at the office of the White
House Initiative on Historically Black
Colleges and Universities, U.S.
Department of Education, 400 Maryland
Avenue SW., Washington, DC 20202,
Monday through Friday (excluding
federal holidays) during the hours of 9
a.m. to 5 p.m.
Electronic Access to the Document:
You may 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: www.ed.gov/fedregister/
index.html. To use PDF you must have
Adobe Acrobat Reader, which is
available free at this site. If you have
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questions about using PDF, call the U.S.
Government Printing Office (GPO), toll
free at 1–(866) 512–1830; or in the
Washington, DC, area at (202) 512–0000.
DEPARTMENT OF ENERGY
Dated: January 24, 2012.
Martha J. Kanter,
Under Secretary, U.S. Department of
Education.
[Project No. 13089–002]
[FR Doc. 2012–1824 Filed 1–26–12; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. PF09–11–000]
TransCanada Alaska Company, LLC;
Notice of Public Scoping Meeting for
the Planned Alaska Pipeline Project
The staff of the Federal Energy
Regulatory Commission (FERC or
Commission) hereby announces a public
scoping meeting in Anchorage, Alaska,
for the planned Alaska Pipeline Project
(APP). The meeting will take place at:
Date and time
Location
Monday, February 13,
2012, 7 p.m.
Dena’ina Center, Kahtu
Room, 600 West 7th Avenue, Anchorage, AK
99501.
This meeting was previously
cancelled on January 4, 2012, because
TransCanada Alaska Company, LLC (TC
Alaska) had not filed its draft Resource
Reports, which we deemed necessary to
properly evaluate and comment on this
unique and complex project. On January
13, 2012, TC Alaska filed its draft
Resource Reports, thereby allowing us
to reschedule this scoping meeting.
More information about the
Commission’s environmental impact
statement, the APP, and how to file
comments is available in the Notice of
Intent to Prepare an Environmental
Impact Statement for the Planned
Alaska Pipeline Project and Request for
Comments on Environmental Issues
(NOI), issued on August 1, 2011. The
NOI describes the scoping process that
is underway seeking public
participation in the environmental
review of this planned project. Please
note that the scoping period for the APP
will close on February 27, 2012.
Dated: January 20, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012–1732 Filed 1–26–12; 8:45 am]
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Federal Energy Regulatory
Commission
Conway Ranch Hydropower Project;
Notice of Preliminary Permit
Application Accepted for Filing and
Soliciting Comments, Motions To
Intervene, and Competing Applications
On July 27, 2011, KC LLC, California,
filed an application for a preliminary
permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to
study the feasibility of the Conway
Ranch Hydropower Project to be located
on Virginia Creek, near the city of
Mono, Mono County, California. The
project affects federal lands
administered by the Bureau of Land
Management. The sole purpose of a
preliminary permit, if issued, is to grant
the permit holder priority to file a
license application during the permit
term. A preliminary permit does not
authorize the permit holder to perform
any land-disturbing activities or
otherwise enter upon lands or waters
owned by others without the owners’
express permission.
The proposed project would consist of
the following new facilities: (1) A
diversion on Virginia Creek (notched
weir design); (2) a de minimus reservoir
operated run-of river at approximately
8,800 feet elevation above mean sea
level; (3) a 2-mile-long, 8-inch-diameter
pressurized pipe connecting the
reservoir to a powerhouse; (4) a
powerhouse containing a single turbine
totaling 500 kilowatts of generating
capacity; and (5) an approximately 360foot-long transmission line connecting
with the existing Southern California
Edison secondary distribution facilities.
The project’s annual energy output
would be approximately 2.3
gigawatthours.
Applicant Contact: Ms. Kelly
Sackheim, KC LLC, 5096 Cocoa Palm
Way, Fair Oaks, CA 95628; phone (301)
401–5978.
FERC Contact: Carolyn Templeton;
phone: (202) 502–8785.
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.
Competing applications and notices of
intent must meet the requirements of 18
CFR 4.36. 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
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Agencies
[Federal Register Volume 77, Number 18 (Friday, January 27, 2012)]
[Notices]
[Pages 4289-4290]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1824]
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DEPARTMENT OF EDUCATION
President's Board of Advisors on Historically Black Colleges and
Universities
AGENCY: U.S. Department of Education, President's Board of Advisors on
Historically Black Colleges and Universities (Board).
ACTION: Notice of an open meeting.
-----------------------------------------------------------------------
SUMMARY: This notice sets forth the schedule and agenda of the meeting
of the President's Board of Advisors on Historically Black Colleges and
Universities. The notice also describes the functions of the Board.
Notice of the meeting is required by section 10(a)(2) of the Federal
Advisory Committee Act and intended to notify the public of its
opportunity to attend.
DATES: Tuesday, February 7, 2012.
Time: 9 a.m.-2 p.m.
ADDRESSES: Morgan State University, Calvin and Tina Tyler Ballroom,
University Student Center, 1700 E. Cold Spring Lane, Baltimore,
Maryland 21251, (443) 885-4369.
FOR FURTHER INFORMATION CONTACT: John Silvanus Wilson, Jr., Executive
Director, White House Initiative on Historically Black Colleges and
Universities, 400 Maryland Avenue SW., Washington, DC 20204; telephone:
(202) 453-5634, fax: (202) 453-5632.
SUPPLEMENTARY INFORMATION: The President's Board of Advisors on
Historically Black Colleges and Universities (the Board) is established
by Executive Order 13532 (February 26, 2010). The Board is governed by
the provisions of the Federal Advisory Committee Act (FACA), (Pub. L.
92-463; as amended, 5 U.S.C.A., Appendix 2) which sets forth standards
for the formation and use of advisory committees. The purpose of the
Board is to advise the President and the Secretary of Education
(Secretary) on all matters pertaining to strengthening the educational
capacity of Historically Black Colleges and Universities (HBCUs).
The Board shall advise the President and the Secretary in the
following areas: (i) Improving the identity, visibility, and
distinctive capabilities and overall competitiveness of HBCUs; (ii)
engaging the philanthropic, business, government, military, homeland-
security, and education communities in a national dialogue regarding
new HBCU programs and initiatives; (iii) improving the ability of HBCUs
to remain fiscally secure institutions that can assist the nation in
reaching its goal of having the highest proportion of
[[Page 4290]]
college graduates by 2020; (iv) elevating the public awareness of
HBCUs; and (v) encouraging public-private investments in HBCUs.
Agenda:
The Board will receive updates from the Chairman of the President's
Board of Advisors on HBCUs, the Board's subcommittees and the Executive
Director of the White House Initiative on HBCUs on their respective
activities during Fiscal Year 2011 including activities that have
occurred since the Board's last meeting, which was held on September
21, 2011. In addition, the Board will discuss the federal government's
support of HBCUs in Fiscal Year 2010, the budget outlook for federal
support in Fiscal Year 2012 and possible strategies to meet its duties
under its charter.
Individuals who will need accommodations for a disability in order
to attend the meeting (e.g., interpreting services, assistive listening
devices, or material in alternative format) should notify John P.
Brown, Associate Director, White House Initiative on HBCUs, at (202)
453-5645, no later than Friday, February 3, 2012. We will attempt to
meet requests for such accommodations after this date, but cannot
guarantee their availability. The meeting site is accessible to
individuals with disabilities.
An opportunity for public comment is available on Tuesday, February
7, 2012, from 1:30 p.m.-2 p.m. Individuals who wish to provide comments
will be allowed three to five minutes to speak. Those members of the
public interested in submitting written comments may do so by
submitting them to the attention of John S. Wilson, Jr., White House
Initiative on Historically Black Colleges and Universities, U.S.
Department of Education, 400 Maryland Avenue SW., Washington, DC 20202,
by Friday, February 3, 2012.
Records are kept of all Board proceedings and are available for
public inspection at the office of the White House Initiative on
Historically Black Colleges and Universities, U.S. Department of
Education, 400 Maryland Avenue SW., Washington, DC 20202, Monday
through Friday (excluding federal holidays) during the hours of 9 a.m.
to 5 p.m.
Electronic Access to the Document: You may 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: www.ed.gov/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-(866) 512-1830; or in
the Washington, DC, area at (202) 512-0000.
Dated: January 24, 2012.
Martha J. Kanter,
Under Secretary, U.S. Department of Education.
[FR Doc. 2012-1824 Filed 1-26-12; 8:45 am]
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