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25710 Federal Register / Vol. 65, No.

86 / Wednesday, May 3, 2000 / Notices

Adjusted twelve-month proposed use of, the information; (5) Information Relay Service (FIRS) at 1–
Category limit 1 Respondents and frequency of 800–877–8339.
collection; and (6) Reporting and/or [FR Doc. 00–10960 Filed 5–2–00; 8:45 am]
347/348 .................... 1,148,357 dozen of Recordkeeping burden. OMB invites
which not more than public comment. BILLING CODE 4001–01–U
717,722 dozen shall
be in Category 347 The Department of Education is
and not more than especially interested in public comment DEPARTMENT OF EDUCATION
548,643 dozen shall addressing the following issues: (1) Is
be in Category 348. this collection necessary to the proper Arbitration Panel Decision Under the
1 The limits have not been adjusted to ac- functions of the Department; (2) will Randolph-Sheppard Act
count for any imports exported after December this information be processed and used AGENCY: Department of Education.
31, 1999. in a timely manner; (3) is the estimate
of burden accurate; (4) how might the ACTION: Notice of arbitration panel
The Committee for the Implementation of decision under the Randolph-Sheppard
Textile Agreements has determined that Department enhance the quality, utility,
and clarity of the information to be Act.
these actions fall within the foreign affairs
exception to the rulemaking provisions of 5 collected; and (5) how might the SUMMARY: Notice is hereby given that on
U.S.C. 553(a)(1). Department minimize the burden of this November 17, 1998, an arbitration panel
Sincerely, collection on the respondents, including rendered a decision in the matter of
D. Michael Hutchinson, through the use of information Hawaii Division of Vocational
Acting Chairman, Committee for the technology. Rehabilitation, Department of Human
Implementation of Textile Agreements. Dated: April 27, 2000. Services v. U.S. Department of Defense,
[FR Doc. 00–10998 Filed 5–2–00; 8:45 am] William Burrow, Department of the Army (Docket No. R–
BILLING CODE 3510–DR–F Leader, Information Management Group, S/97–18). This panel was convened by
Office of the Chief Information Officer. the U.S. Department of Education
pursuant to 20 U.S.C. 107d-1(b) upon
Office of Special Education and receipt of a complaint filed by
DEPARTMENT OF EDUCATION
Rehabilitative Services petitioner, Hawaii Division of
Notice of Proposed Information Type of Review: Extension. Vocational Rehabilitation, Department
Collection Requests Title: Written Request for Assistance of Human Services.
or Application for Client Assistance FOR FURTHER INFORMATION: A copy of the
AGENCY: Department of Education.
Program. full text of the arbitration panel decision
SUMMARY: The Leader, Information may be obtained from George F.
Management Group, Office of the Chief Frequency: Three-year cycle for State
Assurances or plan for CAP formula Arsnow, U.S. Department of Education,
Information Officer, invites comments 400 Maryland Avenue, SW., room 3230,
on the proposed information collection grant.
Mary E. Switzer Building, Washington
requests as required by the Paperwork Affected Public: State, Local, or Tribal
DC 20202–2738. Telephone: (202) 205–
Reduction Act of 1995. Gov’t, SEAs or LEAs.
9317. If you use a telecommunications
DATES: Interested persons are invited to Reporting and Recordkeeping Hour device for the deaf (TDD), you may call
submit comments on or before July 3, Burden: Responses: 1. Burden Hours: 9. the TDD number at (202) 205–8298.
2000. Abstract: This document is used by Individuals with disabilities may
SUPPLEMENTARY INFORMATION: Section States to request funds to establish and obtain this document in an alternate
3506 of the Paperwork Reduction Act of carry out Client Assistance Programs format (e.g., Braille, large print,
1995 (44 U.S.C. chapter 35) requires that (CAP). CAP is mandated by the audiotape, or computer diskette) on
the Office of Management and Budget Rehabilitation Act of 1973, as amended request to the contact person listed in
(OMB) provide interested Federal (Act), to assist vocational rehabilitation the preceding paragraph.
agencies and the public an early clients and applicants in their
relationships with projects, programs, Electronic Access to This Document
opportunity to comment on information
collection requests. OMB may amend or and services provided under the Act. You may view this document, as well
waive the requirement for public Requests for copies of the proposed as all other Department of Education
consultation to the extent that public information collection request may be documents published in the Federal
participation in the approval process accessed from http://edicsweb.ed.gov, Register, in text or Adobe Portable
would defeat the purpose of the or should be addressed to Vivian Reese, Document Format (PDF) on the Internet
information collection, violate State or Department of Education, 400 Maryland at either of the following sites:
Federal law, or substantially interfere Avenue, SW, Room 5624, Regional http://ocfo.ed.gov/fedreg.htm
with any agency’s ability to perform its Office Building 3, Washington, DC http://www.ed.gov/news.html
statutory obligations. The Leader, 20202–4651. Requests may also be To use the PDF you must have the
l l
Information Management Group, Office electronically mailed to the internet Adobe Acrobat Reader, which is
of the Chief Information Officer, address OCIO IMG Issues@ed.gov or available free at either of the previous
publishes that notice containing faxed to 202–708–9346. Please specify sites. If you have questions about using
proposed information collection the complete title of the information the PDF, call the U.S. Government
requests prior to submission of these collection when making your request. Printing Office (GPO), toll free, at 1–
requests to OMB. Each proposed Comments regarding burden and/or the 888–293–6498; or in the Washington,
information collection, grouped by collection activity requirements should DC, area at (202) 512–1530.
office, contains the following: (1) Type be directed to Sheila Carey at (202) 708–
Note: The official version of this document
of review requested, e.g. new, revision, 6287 or via her internet address is the document published in the Federal
extension, existing or reinstatement; (2) Sheila_Carey@ed.gov. Individuals who Register. Free Internet access to the official
Title; (3) Summary of the collection; (4) use a telecommunications device for the edition of the Federal Register and the Code
Description of the need for, and deaf (TDD) may call the Federal of Federal Regulations is available on GPO

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Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Notices 25711

Access at: http://www.access.gpo.gov/nara/ then required to permit the SLA an while not entitled to assert a priority
index.html opportunity to bid on a contract under the Act in bidding on an
SUPPLEMENTARY INFORMATION: Pursuant covering military dining facilities in appropriated-fund contract for dining
to the Randolph-Sheppard Act (the Act), Hawaii on an unrestricted basis under facilities, the SLA would not be
(20 U.S.C. 107d-2(c)), the Secretary the priority provisions of the Act? precluded from applying for a
publishes in the Federal Register a The majority of the panel ruled that, preference under the Javits-Wagner-
synopsis of each arbitration panel as defined in the regulations of the O’Day Act.
decision affecting the administration of Department of Education and One panel member dissented.
vending facilities on Federal and other Department of Defense, all of the The views and opinions expressed by
property. facilities covered under the agreement the panel do not necessarily represent
provide cafeteria services, which the views and opinions of the U.S.
Background include a broad variety of prepared Department of Education.
This dispute concerns the alleged foods and beverages. These foods are Dated: April 28, 2000.
failure of the U.S. Department of dispensed primarily through the use of Judith E. Heumann,
Defense, Department of the Army a serving line where the customer serves
Assistant Secretary for Special Education and
(Army), to award a priority under the or selects food items for himself or
Rehabilitative Services.
Act to the Hawaii Division of Vocational herself from displayed selections.
In this case, the military dining [FR Doc. 00–11015 Filed 5–2–00; 8:45 am]
Rehabilitation, Department of Human
Services, the State licensing agency facilities covered under the Hawaii BILLING CODE 4000–01–U

(SLA), for a contract to operate a contract used contractor personnel to


cafeteria at Schofield Barracks, provide full food service, including food
Wahiawa, Oahu, Hawaii. preparation, serving, and cleanup DEPARTMENT OF ENERGY
A summary of the facts is as follows: services. The use of the facilities was
On October 29, 1996, the SLA requested limited to authorized military Notice of Floodplain and Wetlands
a meeting with the Army’s Contracting personnel. On the other hand, Involvement for the Floodplain Strip
Officer (CO) and Army staff to discuss Randolph-Sheppard vending facilities, Adjoining the Boeing Property in
the possibility of direct negotiations whether a stand, automatic food Roane County, TN
under the Act regarding the operation of dispensing machine, or cafeteria, are AGENCY: U.S. Department of Energy.
a cafeteria facility at the Schofield open for use by the general public. ACTION: Notice of involvement.
Barracks in Wahiawa, Oahu, Hawaii. However, they are used most frequently
Subsequently, on November 6, 1996, by the employees working at the facility SUMMARY: DOE proposes to convey to
a meeting was held between the SLA and are not supported by appropriated the abutting landowner, an approximate
and the Army’s CO. At the meeting, the funds, but rather by payments for goods 182-acre parcel of land within the 500-
CO mentioned that the previous and services. year floodplain of the Clinch River, in
cafeteria contract had been solicited Further, the majority of the panel Roane County, Tennessee. In
pursuant to the Small Business noted that the Federal Government’s accordance with 10 CFR 1022,
Administration Section 8(a) set-aside procurement process for goods and Compliance with Floodplain Wetlands/
program. In a May 6, 1997 letter from services to be paid for by appropriated Environmental Review Requirements,
the Army, the SLA was informed that funds is subject to procurement laws DOE will prepare a floodplain and
the Army would continue to rely upon and regulations. These laws and wetlands assessment and will perform
a memorandum from the Office of the regulations seek to standardize this proposed action in a manner that
Assistant Secretary, Research procedures for awarding contracts, will avoid or minimize potential harm
Development and Acquisition, dated thereby assuring quality in meeting to or within the affected floodplain and
April 15, 1997. This memorandum specifications and economy of price. wetlands.
stated that, because the Act did not Exceptions are permitted by Congress DATES: Comments are due to the address
apply to appropriated-fund contracts, for certain groups, such as those who below no later than May 18, 2000.
military mess hall contracts would be qualify under the Small Business
ADDRESSES: Written comments should
awarded based upon general Administration or those who employ
be directed to Katy Kates, Realty Officer,
procurement principles, including severely handicapped or blind
U.S. Department of Energy, Oak Ridge
preferences under the Section 8(a) set- individuals under the Javits-Wagner-
Operations Office, P.O. Box 2001, Oak
side program. On May 6, 1997, the O’Day Act.
The 1974 amendments to the Act Ridge, Tennessee 37831, or by facsimile
Army solicited proposals under these
expanded the opportunities for blind at 865–576–9204.
general procurement principles, thereby
persons to operate vending facilities, FOR FURTHER INFORMATION CONTACT: Katy
not awarding a priority under the Act to
the SLA. By letter dated August 21, including vending machines and Kates, Realty Officer, U.S. Department
1997, the SLA filed with the Secretary cafeterias on Federal property, and of Energy, Oak Ridge Operations Office,
of Education a request for arbitration of required Federal agencies to provide P.O. Box 2001, Oak Ridge, Tennessee
this dispute. A Federal arbitration locations for vending facilities to be 37831.
operated by blind licensees. For Further Information on
hearing on this matter was held on July
The panel ruled that if Congress had Floodplain/Wetlands Environmental
9 and 10, 1998.
intended the Act to apply to Review Requirements, Contact:
Arbitration Panel Decision appropriated-fund contracts, it would Carol M. Borgstrom, Director, Office of
The central issue before the have included very specific language NEPA Policy and Assistance, EH–42,
arbitration panel was whether the authorizing those contracts because U.S. Department of Energy, 1000
Randolph-Sheppard Act, 20 U.S.C. such a reading would substantially Independence Avenue, SW,
107d-3(e), is applicable to appropriated- change the administration of Federal Washington, DC 20585
fund contracts covering military dining procurement law. Because that language Ms. Borgstrom can also be reached at
facilities, which are basically used by is not included, the best reading of the 202–586–4600, or by leaving a message
military personnel. If so, is the Army statute is that it was not intended. Thus, at 1–800–472–2756

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