82 FR 41941 - Arbitration Panel Decisions Under the Randolph-Sheppard Act
DEPARTMENT OF EDUCATION Federal Register Volume 82, Issue 170 (September 5, 2017)
Federal Register Volume 82, Issue 170 (September 5, 2017)
| Page Range | 41941-41942 | |
| FR Document | 2017-18751 |
[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)] [Notices] [Pages 41941-41942] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18751] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION Arbitration Panel Decisions Under the Randolph-Sheppard Act AGENCY: Office of Special Education and Rehabilitative Services, Department of Education. ACTION: Notice of arbitration decisions. ----------------------------------------------------------------------- SUMMARY: The Department of Education (Department) is changing the way it notifies the public of arbitration panel decisions under the Randolph-Sheppard Act. The Department will no longer publish detailed synopses of each decision in the Federal Register. Rather, the Department will publish a quarterly notice in the Federal Register listing any decisions reached in the previous three months. The full text of the decisions will be available on the Department's Web site and by request. This notice lists decisions from the first two quarters of 2017 and available decisions from 2016. FOR FURTHER INFORMATION CONTACT: Donald Brinson, U.S. Department of Education, 400 Maryland Avenue SW., Room 5045, Potomac Center Plaza, Washington, DC 20202-2800. Telephone: (202) 245-7310. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service, toll-free, at 1-800-877-8339. SUPPLEMENTARY INFORMATION: For the purpose of providing blind persons with remunerative employment, enlarging their economic opportunities, and stimulating greater efforts to make themselves self-supporting, the Randolph-Sheppard Act, 20 U.S.C. 107 et seq. (Act), authorizes blind persons to operate vending facilities on Federal property and provides them with a priority for doing so. The vending facilities include, among other things, cafeterias, snack bars, and automatic vending machines. The Department administers the Act and designates an agency in each State--the State Licensing Agency (SLA)--to license blind persons to operate vending facilities on Federal and other property in the State. The Act requires arbitration of disputes between SLAs and blind vendors and between SLAs and Federal agencies before three-person panels convened by the Department whose decisions constitute final agency action. 20 U.S.C. 107d-1. The Act also makes these decisions matters of public record and requires their publication in the Federal Register. 20 U.S.C. 107d-2(c). The Department's long-standing practice has been to publish in the Federal Register detailed synopses of [[Page 41942]] arbitration decisions rather than their full text, which are sometimes quite lengthy. This saves publishing costs for the Department and time for interested members of the public. The Department has also provided copies of full arbitration panel decisions to members of the public upon request. The time it took to draft these synopses resulted in a publishing backlog, however. Therefore, the Department has decided to change its practice in a way that will allow it to comply with the statutory requirement for publication and to provide the text of the arbitration panel decisions to the public more quickly and conveniently and at minimal cost to the Department. The Department will now make the full text of arbitration panel decisions under the Act available on the Department's Web site, and we will add older, archived decisions as they become available in the proper format and are made accessible to individuals with disabilities under section 508 of the Rehabilitation Act. The decisions will be searchable by key terms and available for download in Adobe Acrobat (.pdf) format. The Department will continue to provide copies of decisions to members of the public upon request to the person listed under FOR FURTHER INFORMATION CONTACT. Since the beginning of 2017, Randolph-Sheppard Arbitration panels have issued the following decisions. ---------------------------------------------------------------------------------------------------------------- Case name Docket No. Date State ---------------------------------------------------------------------------------------------------------------- Kansas Dept. for Children and Families v. RS 15-15 5/9/17 Kansas. Department of the Army. Homan v. Maryland......................... RS 15-06 3/30/17 Maryland. Texas v. The Department of the Air Force.. RS 16-09 2/28/17 Texas. Sheets v. California...................... RS 13-08 2/27/17 California. Florida Dept. of Education, Division of RS 15-13 2/1/17 Florida. Blind Services v. Department of the Air Force. ---------------------------------------------------------------------------------------------------------------- The decisions are available at www.ed.gov/programs/rsarsp/arbitration-decisions.html. At this same site, we have posted the following decisions from 2016. ---------------------------------------------------------------------------------------------------------------- Case name Docket No. Date State ---------------------------------------------------------------------------------------------------------------- Oklahoma v. Fort Sill..................... RS 15-10 12/23/16 Oklahoma. South Carolina v. Dept. of the Army....... RS 15-07 9/2/16 South Carolina. Georgia v. Fort Stewart................... RS 13-09 1/11/16 Georgia. ---------------------------------------------------------------------------------------------------------------- In the future, shortly after the end of every calendar quarter- March 31, June 30, September 30, and December 31-the Department will publish a notice in the Federal Register listing arbitration decisions issued in the previous three months and any older decisions when they become available and are made accessible under section 508. The notice will provide a link to the Web site where the decisions may be found and contact information for anyone, with or without access to the internet, who wishes to request a copy of a decision from the Department. Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, 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 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. Dated: August 30, 2017. Kimberly M. Richey, Acting Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. 2017-18751 Filed 9-1-17; 8:45 am] BILLING CODE 4000-01-P
![Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Notices 41941
and functions. Such statements may be pursuant to 5 U.S.C. 3109 to serve as DEPARTMENT OF EDUCATION
submitted at any time or in response to special government employee members.
the stated agenda of planned Board Members who are full-time or Arbitration Panel Decisions Under the
meetings. All written statements must permanent part-time Federal officers or Randolph-Sheppard Act
be submitted to the Board’s DFO who employees are appointed pursuant to 41 AGENCY: Office of Special Education and
will ensure the written statements are CFR 102–3.130(a) to serve as regular Rehabilitative Services, Department of
provided to the membership for their government employee members. Each Education.
consideration. member is appointed to provide advice ACTION: Notice of arbitration decisions.
Dated: August 30, 2017. on behalf of the Government on the
Aaron Siegel, basis of their best judgment without SUMMARY: The Department of Education
Alternate OSD Federal Register Liaison representing any particular point of (Department) is changing the way it
Officer, Department of Defense. view and in a manner that is free from notifies the public of arbitration panel
[FR Doc. 2017–18695 Filed 9–1–17; 8:45 am] conflict of interest. Except for decisions under the Randolph-Sheppard
BILLING CODE 5001–06–P reimbursement of official Board-related Act. The Department will no longer
travel and per diem, members serve publish detailed synopses of each
decision in the Federal Register. Rather,
without compensation. The DoD, as
DEPARTMENT OF DEFENSE the Department will publish a quarterly
necessary and consistent with the
notice in the Federal Register listing
Office of the Secretary Board’s mission and DoD policies and any decisions reached in the previous
procedures, may establish three months. The full text of the
Charter Renewal of Department of subcommittees, task forces, or working decisions will be available on the
Defense Federal Advisory Committees groups to support the Board, and all Department’s Web site and by request.
subcommittees must operate under the This notice lists decisions from the first
AGENCY:Department of Defense.
provisions of FACA and the two quarters of 2017 and available
Renewal of Federal Advisory
ACTION:
Government in the Sunshine Act. decisions from 2016.
Committee.
Subcommittees will not work FOR FURTHER INFORMATION CONTACT:
SUMMARY: The Department of Defense independently of the Board and must Donald Brinson, U.S. Department of
(DoD) is publishing this notice to report all recommendations and advice Education, 400 Maryland Avenue SW.,
announce that it is renewing the charter solely to the Board for full deliberation Room 5045, Potomac Center Plaza,
for the Defense Policy Board (‘‘the and discussion. Subcommittees, task Washington, DC 20202–2800.
Board’’). forces, or working groups have no Telephone: (202) 245–7310. If you use a
FOR FURTHER INFORMATION CONTACT: Jim authority to make decisions and telecommunications device for the deaf
Freeman, Advisory Committee recommendations, verbally or in (TDD) or a text telephone (TTY), call the
Management Officer for the Department writing, on behalf of the Board. No Federal Relay Service, toll-free, at 1–
of Defense, 703–692–5952. subcommittee or any of its members can 800–877–8339.
SUPPLEMENTARY INFORMATION: This update or report, verbally or in writing, SUPPLEMENTARY INFORMATION: For the
committee’s charter is being renewed in directly to the DoD or any Federal purpose of providing blind persons with
accordance with the Federal Advisory officers or employees. The Board’s DFO, remunerative employment, enlarging
Committee Act (FACA) of 1972 (5 pursuant to DoD policy, must be a full- their economic opportunities, and
U.S.C., Appendix, as amended) and 41 time or permanent part-time DoD stimulating greater efforts to make
CFR 102–3.50(d). The charter and employee, and must be in attendance for themselves self-supporting, the
contact information for the Board’s the duration of each and every Board/ Randolph-Sheppard Act, 20 U.S.C. 107
Designated Federal Officer (DFO) can be subcommittee meeting. The public or et seq. (Act), authorizes blind persons to
obtained at http:// interested organizations may submit operate vending facilities on Federal
www.facadatabase.gov/. written statements to the Board property and provides them with a
The Board shall provide the Secretary priority for doing so. The vending
membership about the Board’s mission
of Defense and the Deputy Secretary of facilities include, among other things,
Defense, independent, informed advice and functions. Such statements may be
cafeterias, snack bars, and automatic
and opinions concerning matters of submitted at any time or in response to
vending machines. The Department
defense policy in response to specific the stated agenda of planned Board
administers the Act and designates an
tasks from the Secretary of Defense, the meetings. All written statements must agency in each State–-the State
Deputy Secretary of Defense, or the be submitted to the Board’s DFO who Licensing Agency (SLA)—to license
USD(P). The Board shall focus on: (a) will ensure the written statements are blind persons to operate vending
Issues central to strategic DoD planning; provided to the membership for their facilities on Federal and other property
(b) policy implications of U.S. force consideration. in the State.
structure and force modernization on Dated: August 30, 2017. The Act requires arbitration of
DoD’s ability to execute U.S. defense Aaron Siegel, disputes between SLAs and blind
strategy; (c) U.S. regional defense vendors and between SLAs and Federal
policies; and (d) any other topics raised Alternate OSD Federal Register Liaison
agencies before three-person panels
Officer, Department of Defense.
by the Secretary of Defense, the Deputy convened by the Department whose
Secretary of Defense, or the USD(P). The [FR Doc. 2017–18698 Filed 9–1–17; 8:45 am]
decisions constitute final agency action.
mstockstill on DSK30JT082PROD with NOTICES
Board shall be composed of no more BILLING CODE 5001–06–P 20 U.S.C. 107d–1. The Act also makes
than 35 members who have these decisions matters of public record
distinguished backgrounds in defense and requires their publication in the
and national security affairs. Members Federal Register. 20 U.S.C. 107d–2(c).
who are not full-time or permanent part- The Department’s long-standing
time Federal officers or employees are practice has been to publish in the
appointed as experts or consultants Federal Register detailed synopses of
VerDate Sep<11>2014 17:43 Sep 01, 2017 Jkt 241001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\05SEN1.SGM 05SEN1](https://thefederalregister.org/doc/82_FR_42111/page/1.svg)
![41942 Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Notices
arbitration decisions rather than their comply with the statutory requirement the Rehabilitation Act. The decisions
full text, which are sometimes quite for publication and to provide the text will be searchable by key terms and
lengthy. This saves publishing costs for of the arbitration panel decisions to the available for download in Adobe
the Department and time for interested public more quickly and conveniently Acrobat (.pdf) format. The Department
members of the public. The Department and at minimal cost to the Department. will continue to provide copies of
has also provided copies of full The Department will now make the decisions to members of the public
arbitration panel decisions to members full text of arbitration panel decisions upon request to the person listed under
of the public upon request. under the Act available on the FOR FURTHER INFORMATION CONTACT.
The time it took to draft these Department’s Web site, and we will add
synopses resulted in a publishing older, archived decisions as they Since the beginning of 2017,
backlog, however. Therefore, the become available in the proper format Randolph-Sheppard Arbitration panels
Department has decided to change its and are made accessible to individuals have issued the following decisions.
practice in a way that will allow it to with disabilities under section 508 of
Case name Docket No. Date State
Kansas Dept. for Children and Families v. Department of the Army .................................. RS 15–15 5/9/17 Kansas.
Homan v. Maryland .............................................................................................................. RS 15–06 3/30/17 Maryland.
Texas v. The Department of the Air Force .......................................................................... RS 16–09 2/28/17 Texas.
Sheets v. California .............................................................................................................. RS 13–08 2/27/17 California.
Florida Dept. of Education, Division of Blind Services v. Department of the Air Force ...... RS 15–13 2/1/17 Florida.
The decisions are available at At this same site, we have posted the
www.ed.gov/programs/rsarsp/ following decisions from 2016.
arbitration-decisions.html.
Case name Docket No. Date State
Oklahoma v. Fort Sill ............................................................................................................ RS 15–10 12/23/16 Oklahoma.
South Carolina v. Dept. of the Army .................................................................................... RS 15–07 9/2/16 South Carolina.
Georgia v. Fort Stewart ........................................................................................................ RS 13–09 1/11/16 Georgia.
In the future, shortly after the end of Adobe Acrobat Reader, which is SUMMARY: In accordance with the
every calendar quarter–March 31, June available free at the site. Paperwork Reduction Act of 1995, ED is
30, September 30, and December 31–the You may also access documents of the proposing an extension of an existing
Department will publish a notice in the Department published in the Federal information collection.
Federal Register listing arbitration Register by using the article search DATES: Interested persons are invited to
decisions issued in the previous three feature at www.federalregister.gov. submit comments on or before October
months and any older decisions when Specifically, through the advanced 5, 2017.
they become available and are made search feature at this site, you can limit
accessible under section 508. The notice your search to documents published by ADDRESSES: To access and review all the
the Department. documents related to the information
will provide a link to the Web site
collection listed in this notice, please
where the decisions may be found and Dated: August 30, 2017. use http://www.regulations.gov by
contact information for anyone, with or Kimberly M. Richey, searching the Docket ID number ED–
without access to the internet, who Acting Assistant Secretary for Special 2017–ICCD–0089. Comments submitted
wishes to request a copy of a decision Education and Rehabilitative Services. in response to this notice should be
from the Department. [FR Doc. 2017–18751 Filed 9–1–17; 8:45 am] submitted electronically through the
Accessible Format: Individuals with BILLING CODE 4000–01–P Federal eRulemaking Portal at http://
disabilities can obtain this document in www.regulations.gov by selecting the
an accessible format (e.g., braille, large Docket ID number or via postal mail,
print, audiotape, or compact disc) on DEPARTMENT OF EDUCATION commercial delivery, or hand delivery.
request to the contact person listed Please note that comments submitted by
under FOR FURTHER INFORMATION [Docket No. ED–2017–ICCD–0089] fax or email and those submitted after
CONTACT. the comment period will not be
Electronic Access to This Document: Agency Information Collection accepted. Written requests for
The official version of this document is Activities; Submission to the Office of information or comments submitted by
the document published in the Federal Management and Budget for Review postal mail or delivery should be
Register. Free internet access to the and Approval; Comment Request; addressed to the Director of the
official edition of the Federal Register Report of Dispute Resolution Under Information Collection Clearance
mstockstill on DSK30JT082PROD with NOTICES
and the Code of Federal Regulations is Part C of the Individuals With Division, U.S. Department of Education,
available via the Federal Digital System Disabilities Education Act 400 Maryland Avenue SW., LBJ, Room
at: www.gpo.gov/fdsys. At this site you 216–42, Washington, DC 20202–4537.
AGENCY: Office of Special Education and
can view this document, as well as all Rehabilitative Services (OSERS), FOR FURTHER INFORMATION CONTACT: For
other documents of this Department Department of Education (ED). specific questions related to collection
published in the Federal Register, in activities, please contact Amanda
ACTION: Notice.
text or PDF. To use PDF you must have Hoffman, 202–245–6951.
VerDate Sep<11>2014 17:43 Sep 01, 2017 Jkt 241001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\05SEN1.SGM 05SEN1](https://thefederalregister.org/doc/82_FR_42111/page/2.svg)
Document Created: 2017-09-02 03:25:01
Document Modified: 2017-09-02 03:25:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of arbitration decisions. | |
| Contact | Donald Brinson, U.S. Department of Education, 400 Maryland Avenue SW., Room 5045, Potomac Center Plaza, Washington, DC 20202-2800. Telephone: (202) 245-7310. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service, toll-free, at 1-800-877-8339. | |
| FR Citation | 82 FR 41941 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR