80_FR_79279 80 FR 79036 - Intent To Compromise Claim Against the State of Washington Department of Services for the Blind

80 FR 79036 - Intent To Compromise Claim Against the State of Washington Department of Services for the Blind

DEPARTMENT OF EDUCATION

Federal Register Volume 80, Issue 243 (December 18, 2015)

Page Range79036-79037
FR Document2015-31900

The United States Department of Education (Department) intends to compromise a claim against the State of Washington Department of Services for the Blind (Washington) now pending before the Office of Administrative Law Judges (OALJ), Docket No. 15-30-R. Before compromising a claim, the Department must publish its intent to do so in the Federal Register and provide the public an opportunity to comment on this action.

Federal Register, Volume 80 Issue 243 (Friday, December 18, 2015)
[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Notices]
[Pages 79036-79037]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31900]


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DEPARTMENT OF EDUCATION


Intent To Compromise Claim Against the State of Washington 
Department of Services for the Blind

AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The United States Department of Education (Department) intends 
to compromise a claim against the State of Washington Department of 
Services for the Blind (Washington) now pending before the Office of 
Administrative Law Judges (OALJ), Docket No. 15-30-R. Before 
compromising a claim, the Department must publish its intent to do so 
in the Federal Register and provide the public an opportunity to 
comment on this action.

DATES: We must receive your comments on the proposed action on or 
before February 1, 2016.

ADDRESSES: Address all comments concerning the proposed action to 
Marcus Hedrick, Office of the General Counsel, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 6E220, Washington, DC 20202-
2110.

FOR FURTHER INFORMATION CONTACT: Marcus Hedrick. Telephone: 202-401-
8316 or by email: marcus.hedrick@ed.gov.
    If you use a telecommunications device for the deaf or a text 
telephone, you may call the Federal Relay Service, toll free, at 1-800-
877-8339.

SUPPLEMENTARY INFORMATION:
    Invitation To Comment: We invite you to submit comments regarding 
this proposed action. During and after the comment period you may 
inspect all public comments in Room 6E312, FB-6, 400 Maryland Avenue 
SW., Washington, DC, between the hours of 8:30 a.m. and 4 p.m., 
Washington, DC time, Monday through Friday of each week except Federal 
holidays.
    Assistance to Individuals With Disabilities in Reviewing Comments: 
On request we will provide an appropriate accommodation or auxiliary 
aid to an individual with a disability who needs assistance to review 
the comments for this notice. If you want to schedule an appointment 
for this type of accommodation or auxiliary aid, please contact the 
person listed under FOR FURTHER INFORMATION CONTACT.

Background

    On March 10, 2015, the Acting Assistant Secretary for Special 
Education and Rehabilitative Services (Assistant Secretary) issued two 
program determination letters (PDLs) seeking to recover a total of 
$730,053 of Vocational Rehabilitation (VR) State grant funds from 
Washington. Based on findings in single audits of Washington (Audit 
Control Numbers 10-12-38440 and 10-13-48310), these funds were 
determined by the Assistant Secretary to have been expended, during the 
fiscal years 2012 and 2013, in violation of the indirect cost 
provisions under the Education Department General Administrative 
Regulations at 34 CFR 76.560. Specifically, the PDLs indicated that 
Washington had charged indirect costs to the VR grant program without 
an approved indirect cost agreement, and identified $621,871 for 
recovery in fiscal year 2012 and $108,182 for recovery in fiscal year 
2013.
    Washington filed Applications for Review of these PDLs with the 
OALJ on May 14, 2015. On June 9, 2015, the OALJ proposed processing the 
two appeals under one docket number, and with consent of the parties 
subsequently combined the appeals. On June 27, 2015, the OALJ granted 
the parties' Joint Motion to Request Mediation, Waive 81.39(a) and 
Suspend the Procedural Schedule (Joint Motion). Since the Joint Motion 
was granted, Washington and the Department have engaged in facilitated 
mediation to attempt to resolve the recovery action.
    The Department proposes to compromise the total claim to $530,053 
(the fiscal year 2012 recovery will be reduced to $451,605 and the 
fiscal year 2013 recovery will be reduced to $78,447). The Department 
has determined that it would not be practical or in the public interest 
to continue proceeding, based on litigation risks and the cost of 
proceeding through the administrative, and possible court, process for 
this appeal. Also, in light of corrective actions Washington has taken, 
the Department does not anticipate this violation of the indirect cost 
provisions will recur. As a result, under the authority in 20 U.S.C. 
1234a(j), the Department has determined that compromise of this claim 
to $530,053 is appropriate and in the public interest. The public is 
invited to comment on the Department's intent to compromise this claim. 
Additional information may be obtained by calling or writing the 
contact person listed under FOR FURTHER INFORMATION CONTACT.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, audio 
tape, or compact disc) on request to the contact person listed under 
FOR FURTHER INFORMATION CONTACT.
    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.thefederalregister.org/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 Portable Document Format (PDF). To use PDF you 
must have Adobe Acrobat Reader, which is available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Program Authority: 20 U.S.C. 1234a(j).

    Delegation of Authority: The Secretary of Education has delegated 
authority to Thomas P. Skelly to perform the

[[Page 79037]]

functions and duties of the Chief Financial Officer of the Department 
of Education.

    Date: December 11, 2015.
Thomas P. Skelly,
Delegated to perform the functions and duties of the Chief Financial 
Officer.
[FR Doc. 2015-31900 Filed 12-17-15; 8:45 am]
BILLING CODE 4000-01-P



                                                  79036                       Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices

                                                    critical habitat, and essential fish                  Marcus Hedrick, Office of the General                 Motion to Request Mediation, Waive
                                                    habitat.                                              Counsel, U.S. Department of Education,                81.39(a) and Suspend the Procedural
                                                  —U.S. Environmental Protection                          400 Maryland Avenue SW., Room                         Schedule (Joint Motion). Since the Joint
                                                    Agency: Input concerning disposal in                  6E220, Washington, DC 20202–2110.                     Motion was granted, Washington and
                                                    the Tampa ODMDS.                                      FOR FURTHER INFORMATION CONTACT:                      the Department have engaged in
                                                  —The U.S. Army Corps of Engineers is                    Marcus Hedrick. Telephone: 202–401–                   facilitated mediation to attempt to
                                                    the Lead agency and, together with                    8316 or by email: marcus.hedrick@                     resolve the recovery action.
                                                    the non-federal sponsor (Port                         ed.gov.                                                  The Department proposes to
                                                    Manatee), will assume responsibility                     If you use a telecommunications                    compromise the total claim to $530,053
                                                    for all other aspects of the EIS.                     device for the deaf or a text telephone,              (the fiscal year 2012 recovery will be
                                                    d. Other Environmental Review and                     you may call the Federal Relay Service,               reduced to $451,605 and the fiscal year
                                                  Consultation Requirements. The                          toll free, at 1–800–877–8339.                         2013 recovery will be reduced to
                                                  proposed action is subject to the                                                                             $78,447). The Department has
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  requirements of the Endangered Species                                                                        determined that it would not be
                                                                                                             Invitation To Comment: We invite
                                                  Act, Marine Mammal Protection Act,                                                                            practical or in the public interest to
                                                                                                          you to submit comments regarding this
                                                  Essential Fish Habitat requirements,                                                                          continue proceeding, based on litigation
                                                                                                          proposed action. During and after the
                                                  National Historic Preservation Act,                                                                           risks and the cost of proceeding through
                                                                                                          comment period you may inspect all
                                                  numerous other laws and executive                                                                             the administrative, and possible court,
                                                                                                          public comments in Room 6E312, FB–
                                                  orders, and any other requirements that                                                                       process for this appeal. Also, in light of
                                                                                                          6, 400 Maryland Avenue SW.,
                                                  might be identified during the scoping                                                                        corrective actions Washington has
                                                                                                          Washington, DC, between the hours of
                                                  and plan formulation process.                                                                                 taken, the Department does not
                                                                                                          8:30 a.m. and 4 p.m., Washington, DC
                                                    4. Scoping Meeting. A public scoping                                                                        anticipate this violation of the indirect
                                                                                                          time, Monday through Friday of each
                                                  meeting will be held on January 20,                                                                           cost provisions will recur. As a result,
                                                                                                          week except Federal holidays.
                                                  2016, from 3:30 to 6:30 p.m. at the Port                                                                      under the authority in 20 U.S.C.
                                                                                                             Assistance to Individuals With
                                                  Manatee Intermodal Center, 1905                                                                               1234a(j), the Department has
                                                                                                          Disabilities in Reviewing Comments: On
                                                  Intermodal Circle, Palmetto, FL 34221.                                                                        determined that compromise of this
                                                                                                          request we will provide an appropriate
                                                    5. Date the DEIS Will Be Made                                                                               claim to $530,053 is appropriate and in
                                                                                                          accommodation or auxiliary aid to an
                                                  Available to the Public. Dependent on                                                                         the public interest. The public is invited
                                                                                                          individual with a disability who needs
                                                  the issues, alternatives, investigations,                                                                     to comment on the Department’s intent
                                                                                                          assistance to review the comments for
                                                  and other requirements identified                                                                             to compromise this claim. Additional
                                                                                                          this notice. If you want to schedule an
                                                  during the scoping and plan formulation                                                                       information may be obtained by calling
                                                                                                          appointment for this type of
                                                  process; the Draft EIS should be                                                                              or writing the contact person listed
                                                                                                          accommodation or auxiliary aid, please
                                                  available by November 2017.                                                                                   under FOR FURTHER INFORMATION
                                                                                                          contact the person listed under FOR
                                                                                                                                                                CONTACT.
                                                    Dated: December 10, 2015.                             FURTHER INFORMATION CONTACT.
                                                                                                                                                                   Accessible Format: Individuals with
                                                  Eric P. Summa,
                                                                                                          Background                                            disabilities can obtain this document in
                                                  Chief, Planning Division.                                                                                     an accessible format (e.g., braille, large
                                                  [FR Doc. 2015–31807 Filed 12–17–15; 8:45 am]               On March 10, 2015, the Acting
                                                                                                                                                                print, audio tape, or compact disc) on
                                                                                                          Assistant Secretary for Special
                                                  BILLING CODE 3720–58–P                                                                                        request to the contact person listed
                                                                                                          Education and Rehabilitative Services
                                                                                                                                                                under FOR FURTHER INFORMATION
                                                                                                          (Assistant Secretary) issued two
                                                                                                                                                                CONTACT.
                                                                                                          program determination letters (PDLs)
                                                  DEPARTMENT OF EDUCATION                                                                                          Electronic Access to this Document:
                                                                                                          seeking to recover a total of $730,053 of
                                                                                                                                                                The official version of this document is
                                                  Intent To Compromise Claim Against                      Vocational Rehabilitation (VR) State
                                                                                                                                                                the document published in the Federal
                                                  the State of Washington Department of                   grant funds from Washington. Based on
                                                                                                                                                                Register. Free Internet access to the
                                                  Services for the Blind                                  findings in single audits of Washington
                                                                                                                                                                official edition of the Federal Register
                                                                                                          (Audit Control Numbers 10–12–38440
                                                  AGENCY:  Office of Special Education and                                                                      and the Code of Federal Regulations is
                                                                                                          and 10–13–48310), these funds were
                                                  Rehabilitative Services, Department of                                                                        available via the Federal Digital System
                                                                                                          determined by the Assistant Secretary to
                                                  Education.                                                                                                    at: www.gpo.gov/fdsys. At this site you
                                                                                                          have been expended, during the fiscal
                                                                                                                                                                can view this document, as well as all
                                                  ACTION: Notice.                                         years 2012 and 2013, in violation of the
                                                                                                                                                                other documents of this Department
                                                                                                          indirect cost provisions under the
                                                  SUMMARY:   The United States Department                                                                       published in the Federal Register, in
                                                                                                          Education Department General
                                                  of Education (Department) intends to                                                                          text or Portable Document Format
                                                                                                          Administrative Regulations at 34 CFR
                                                  compromise a claim against the State of                                                                       (PDF). To use PDF you must have
                                                                                                          76.560. Specifically, the PDLs indicated
                                                  Washington Department of Services for                                                                         Adobe Acrobat Reader, which is
                                                                                                          that Washington had charged indirect
                                                  the Blind (Washington) now pending                                                                            available free at the site.
                                                                                                          costs to the VR grant program without                    You may also access documents of the
                                                  before the Office of Administrative Law                 an approved indirect cost agreement,
                                                  Judges (OALJ), Docket No. 15–30–R.                                                                            Department published in the Federal
                                                                                                          and identified $621,871 for recovery in               Register by using the article search
                                                  Before compromising a claim, the                        fiscal year 2012 and $108,182 for
                                                  Department must publish its intent to                                                                         feature at: www.federalregister.gov.
                                                                                                          recovery in fiscal year 2013.                         Specifically, through the advanced
                                                  do so in the Federal Register and
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                                                                                                             Washington filed Applications for                  search feature at this site, you can limit
                                                  provide the public an opportunity to                    Review of these PDLs with the OALJ on
                                                  comment on this action.                                                                                       your search to documents published by
                                                                                                          May 14, 2015. On June 9, 2015, the                    the Department.
                                                  DATES: We must receive your comments                    OALJ proposed processing the two
                                                  on the proposed action on or before                     appeals under one docket number, and                    Program Authority: 20 U.S.C. 1234a(j).
                                                  February 1, 2016.                                       with consent of the parties subsequently                Delegation of Authority: The Secretary
                                                  ADDRESSES: Address all comments                         combined the appeals. On June 27,                     of Education has delegated authority to
                                                  concerning the proposed action to                       2015, the OALJ granted the parties’ Joint             Thomas P. Skelly to perform the


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                                                                              Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices                                                79037

                                                  functions and duties of the Chief                       collection requirements and minimize                  Department of Education obtains the
                                                  Financial Officer of the Department of                  the public’s reporting burden. It also                information needed to pay off the
                                                  Education.                                              helps the public understand the                       holders of the loans that the borrower
                                                     Date: December 11, 2015.                             Department’s information collection                   wants to consolidate. This revision
                                                  Thomas P. Skelly,                                       requirements and provide the requested                updates the forms to reflect regulatory
                                                                                                          data in the desired format. ED is                     changes, and revises language for greater
                                                  Delegated to perform the functions and duties
                                                  of the Chief Financial Officer.                         soliciting comments on the proposed                   clarity.
                                                                                                          information collection request (ICR) that
                                                  [FR Doc. 2015–31900 Filed 12–17–15; 8:45 am]                                                                  Kate Mullan,
                                                                                                          is described below. The Department of
                                                  BILLING CODE 4000–01–P                                                                                        Acting Director, Information Collection
                                                                                                          Education is especially interested in
                                                                                                                                                                Clearance Division, Office of the Chief Privacy
                                                                                                          public comment addressing the                         Officer, Office of Management.
                                                  DEPARTMENT OF EDUCATION                                 following issues: (1) Is this collection
                                                                                                                                                                [FR Doc. 2015–31773 Filed 12–17–15; 8:45 am]
                                                                                                          necessary to the proper functions of the
                                                  [Docket No.: ED–2015–ICCD–0142]                                                                               BILLING CODE 4000–01–P
                                                                                                          Department; (2) will this information be
                                                                                                          processed and used in a timely manner;
                                                  Agency Information Collection                           (3) is the estimate of burden accurate;
                                                  Activities; Comment Request; Federal                    (4) how might the Department enhance                  DEPARTMENT OF ENERGY
                                                  Direct Consolidation Loan Program                       the quality, utility, and clarity of the
                                                  Application Documents                                                                                         Western Area Power Administration
                                                                                                          information to be collected; and (5) how
                                                  AGENCY: Federal Student Aid (FSA),                      might the Department minimize the                     Notice of Intent To Prepare an
                                                  Department of Education (ED).                           burden of this collection on the                      Environmental Impact Statement and
                                                  ACTION: Notice.                                         respondents, including through the use                To Conduct Scoping Meetings; and
                                                                                                          of information technology. Please note                Notice of Floodplain and Wetlands
                                                  SUMMARY:    In accordance with the                      that written comments received in                     Involvement; Colusa-Sutter 500-
                                                  Paperwork Reduction Act of 1995 (44                     response to this notice will be                       Kilovolt Transmission Line Project,
                                                  U.S.C. chapter 3501 et seq.), ED is                     considered public records.                            Colusa and Sutter Counties, California
                                                  proposing a revision of an existing                        Title of Collection: Federal Direct                (DOE/EIS–0514)
                                                  information collection.                                 Consolidation Loan Program
                                                  DATES: Interested persons are invited to                Application Documents.                                AGENCY: Western Area Power
                                                  submit comments on or before February                      OMB Control Number: 1845–0053.                     Administration, Department of Energy
                                                  16, 2016.                                                  Type of Review: A revision of an                   (DOE).
                                                  ADDRESSES: To access and review all the
                                                                                                          existing information collection.                      ACTION: Notice of Intent.
                                                                                                             Respondents/Affected Public:
                                                  documents related to the information                                                                          SUMMARY:   Western Area Power
                                                                                                          Individuals or Households, Private
                                                  collection listed in this notice, please                                                                      Administration (Western) and the
                                                                                                          Sector.
                                                  use http://www.regulations.gov by                          Total Estimated Number of Annual                   Sacramento Municipal Utility District
                                                  searching the Docket ID number ED–                      Responses: 3,454,476.                                 (SMUD) are jointly proposing the new
                                                  2015–ICCD–0142. Comments submitted                         Total Estimated Number of Annual                   500-kilovolt (kV) Colusa-Sutter (CoSu)
                                                  in response to this notice should be                    Burden Hours: 817,429.                                Transmission Line Project (Project) to be
                                                  submitted electronically through the                       Abstract: This is collection of                    located within Colusa and Sutter
                                                  Federal eRulemaking Portal at http://                   information includes the following                    Counties, California. The Project would
                                                  www.regulations.gov by selecting the                    documents: (1) Federal Direct                         interconnect the California-Oregon
                                                  Docket ID number or via postal mail,                    Consolidation Loan Application and                    Transmission Project (COTP)
                                                  commercial delivery, or hand delivery.                  Promissory Note (Application and                      transmission system, near either
                                                  Please note that comments submitted by                  Promissory Note); (2) Instructions for                Arbuckle or Maxwell, California, to the
                                                  fax or email and those submitted after                  Completing the Federal Direct                         Central Valley Project (CVP)
                                                  the comment period will not be                          Consolidation Loan Application and                    transmission system near Yuba City,
                                                  accepted. Written requests for                          Promissory Note (Instructions); (3)                   California. This notice announces
                                                  information or comments submitted by                    Additional Loan Listing Sheet; (4)                    Western’s decision to jointly prepare an
                                                  postal mail or delivery should be                       Request to Add Loans; and (5) Loan                    environmental impact statement (EIS)
                                                  addressed to the Director of the                        Verification Certificate (LVC). The                   under the National Environmental
                                                  Information Collection Clearance                        Application and Promissory Note serves                Policy Act (NEPA) in conjunction with
                                                  Division, U.S. Department of Education,                 as the means by which a borrower                      SMUD’s preparation of a California
                                                  400 Maryland Avenue SW., LBJ, Room                      applies for a Federal Direct                          Environmental Quality Act (CEQA)
                                                  2E103, Washington, DC 20202–4537.                       Consolidation Loan and promises to                    environmental impact report (EIR). The
                                                  FOR FURTHER INFORMATION CONTACT: For                    repay the loan. The Instructions explain              joint EIS/EIR will examine the potential
                                                  specific questions related to collection                to the borrower how to complete the                   environmental effects of the CoSu
                                                  activities, please contact Jon Utz, 202–                Application and Promissory Note. The                  Project.
                                                  377–4040.                                               Additional Loan Listing Sheet provides                   The joint EIS/EIR will address
                                                  SUPPLEMENTARY INFORMATION: The                          additional space for a borrower to list               Western’s proposed action of
                                                  Department of Education (ED), in                        loans that he or she wishes to                        constructing the CoSu Project as well as
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  accordance with the Paperwork                           consolidate, if there is insufficient space           making any necessary modifications to
                                                  Reduction Act of 1995 (PRA) (44 U.S.C.                  on the Application and Promissory                     Western facilities to accommodate the
                                                  3506(c)(2)(A)), provides the general                    Note. The Request to Add Loans serves                 new line; and SMUD’s proposed action
                                                  public and Federal agencies with an                     as the means by which a borrower may                  of whether or not to fund the proposed
                                                  opportunity to comment on proposed,                     add other loans to an existing Federal                Project.
                                                  revised, and continuing collections of                  Direct Consolidation Loan within a                       This notice starts a 60-day public
                                                  information. This helps the Department                  specified time period. The LVC serves                 scoping period that will assist in the
                                                  assess the impact of its information                    as the means by which the U.S.                        preparation of a Draft EIS/EIR. During


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Document Created: 2015-12-18 01:38:17
Document Modified: 2015-12-18 01:38:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesWe must receive your comments on the proposed action on or before February 1, 2016.
ContactMarcus Hedrick. Telephone: 202-401- 8316 or by email: [email protected]
FR Citation80 FR 79036 

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