83_FR_49741 83 FR 49550 - Arbitration Panel Decisions Under the Randolph-Sheppard Act

83 FR 49550 - Arbitration Panel Decisions Under the Randolph-Sheppard Act

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 191 (October 2, 2018)

Page Range49550-49551
FR Document2018-21423

This notice lists arbitration panel decisions under the Randolph-Sheppard Act issued in January, February, and March 2018. This notice also lists any older decisions that the Department has made publicly available in accessible electronic format during that period. All decisions are available on the Department's website and by request.

Federal Register, Volume 83 Issue 191 (Tuesday, October 2, 2018)
[Federal Register Volume 83, Number 191 (Tuesday, October 2, 2018)]
[Notices]
[Pages 49550-49551]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21423]


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DEPARTMENT OF EDUCATION


Arbitration Panel Decisions Under the Randolph-Sheppard Act

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

ACTION: Notice.

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

SUMMARY: This notice lists arbitration panel decisions under the 
Randolph-Sheppard Act issued in January, February, and March 2018. This 
notice also lists any older decisions that the Department has made 
publicly available in accessible electronic format during that period. 
All decisions are available on the Department's website and by request.

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. Email: 
donald.brinson@ed.gov. If you use a

[[Page 49551]]

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 individuals who 
are blind 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 individuals who are blind 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 individuals who are blind to operate vending facilities on 
Federal and other property in the State.
    The Act requires arbitration of disputes between SLAs and vendors 
who are blind 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).
    On September 5, 2017, the Department announced that it would 
publish quarterly lists of Randolph-Sheppard arbitration panel 
decisions in the Federal Register and that the full text of the 
decisions listed would be available on the Department's website or by 
request (see 82 FR 41941).
    In the first quarter of 2018, Randolph-Sheppard arbitration panels 
issued the following decisions.

----------------------------------------------------------------------------------------------------------------
                Case name                           Docket No.                Date                State
----------------------------------------------------------------------------------------------------------------
Opportunities for Ohioans with            R-S/16-08                             2/22/18  OH
 Disabilities v. Wright Patterson Air
 Force Base.
California Vendors Policy Committee v.    R-S/10-09                             2/20/18  CA
 California Department of Rehabilitation.
Taylor v. Wisconsin's Department of       R-S/12-01                             2/05/18  WI
 Workforce Development, Division of
 Vocational Rehabilitation.
Florida Department of Education v.        R-S/16-04                             1/30/18  FL
 Tyndall Air Force Base.
Hooks v. North Carolina Division of       R-S/15-16                             1/02/18  NC
 Services for the Blind.
----------------------------------------------------------------------------------------------------------------

    These decisions, and other decisions that we have already posted, 
are searchable by key terms, are accessible under Section 508 of the 
Rehabilitation Act, and are available in Portable Document Format (PDF) 
at www.ed.gov/programs/rsarsp/arbitration-decisions.html or by request 
to the person listed under FOR FURTHER INFORMATION CONTACT.
    At the same site, we have posted the following decision from 2016.

----------------------------------------------------------------------------------------------------------------
                Case name                           Docket No.                Date                State
----------------------------------------------------------------------------------------------------------------
Texas Department of Assistive and         R-S/13-13                             11/2/16  TX
 Rehabilitative Services v. Fort Bliss.
----------------------------------------------------------------------------------------------------------------

    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.ou may 
access the official edition of the Federal Register and the Code of 
Federal Regulations 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 Departmentpublished 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: September 26, 2018.
Johnny W. Collett,
Assistant Secretary, Special Education and Rehabilitative Services.
[FR Doc. 2018-21423 Filed 10-1-18; 8:45 am]
 BILLING CODE 4000-01-P



                                              49550                        Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Notices

                                              Subcommittee member. Self-                                 (2) By hand delivery or by courier to              practical utility; (b) the accuracy of the
                                              nominations are acceptable.                             the CNCS mailroom at the mail address                 agency’s estimate of the burden of the
                                                 Submission of a nomination is not a                  given in paragraph (1) above, between                 collection of information; (c) ways to
                                              guarantee of selection as a member of                   9:00 a.m. and 4:00 p.m. Eastern Time,                 enhance the quality, utility, and clarity
                                              the Subcommittee. As noted in the                       Monday through Friday, except federal                 of the information to be collected; (d)
                                              MRAC’s Membership Balance Plan, the                     holidays.                                             ways to minimize the burden of the
                                              Commission seeks to ensure that the                        (3) Electronically through                         collection of information on
                                              membership of a subcommittee is                         www.regulations.gov.                                  respondents, including through the use
                                              balanced relative to the particular issues                 Individuals who use a                              of automated collection techniques or
                                              addressed by the subcommittee in                        telecommunications device for the deaf                other forms of information technology;
                                              question. The Commission will identify                  (TTY–TDD) may call 1–800–833–3722                     and (e) estimates of capital or start-up
                                              members for the Subcommittee based on                   between 8:00 a.m. and 8:00 p.m. Eastern               costs and costs of operation,
                                              Commissioners’ and Commission staff                     Time, Monday through Friday.                          maintenance, and purchase of services
                                              professional knowledge of ongoing                          Comments submitted in response to                  to provide information. Burden means
                                              efforts to transition to SOFR,                          this notice may be made available to the              the total time, effort, or financial
                                              consultation with knowledgeable                         public through regulations.gov. For this              resources expended by persons to
                                              persons outside the CFTC, and requests                  reason, please do not include in your                 generate, maintain, retain, disclose or
                                              to be represented received from                         comments information of a confidential                provide information to or for a Federal
                                              organizations. The office of the                        nature, such as sensitive personal                    agency. This includes the time needed
                                              Commissioner primarily responsible for                  information or proprietary information.               to review instructions; to develop,
                                              the MRAC and the Subcommittee plays                     If you send an email comment, your                    acquire, install and utilize technology
                                              a primary, but not exclusive, role in this              email address will be automatically                   and systems for the purpose of
                                              process and makes recommendations                       captured and included as part of the                  collecting, validating and verifying
                                              regarding membership to the                             comment that is placed in the public                  information, processing and
                                              Commission. The Commission, by vote,                    docket and made available on the                      maintaining information, and disclosing
                                              authorizes members to serve on MRAC                     internet. Please note that responses to               and providing information; to train
                                              subcommittees.                                          this public comment request containing                personnel and to be able to respond to
                                              (Authority: 5 U.S.C. App. II)
                                                                                                      any routine notice about the                          a collection of information, to search
                                                                                                      confidentiality of the communication                  data sources, to complete and review
                                                Dated: September 27, 2018.                            will be treated as public comment that                the collection of information; and to
                                              Robert Sidman,                                          may be made available to the public                   transmit or otherwise disclose the
                                              Deputy Secretary of the Commission.                     notwithstanding the inclusion of the                  information. All written comments will
                                              [FR Doc. 2018–21408 Filed 10–1–18; 8:45 am]             routine notice.                                       be available for public inspection on
                                              BILLING CODE 6351–01–P                                  FOR FURTHER INFORMATION CONTACT: Erin                 regulations.gov.
                                                                                                      Dahlin, 202–606–6931 or EDahlin@                        Dated: September 25, 2018.
                                                                                                      cns.gov.                                              Erin Dahlin,
                                              CORPORATION FOR NATIONAL AND                            SUPPLEMENTARY INFORMATION:                            Deputy Chief of Program Operations.
                                              COMMUNITY SERVICE                                         Title of Collection: AmeriCorps                     [FR Doc. 2018–21376 Filed 10–1–18; 8:45 am]
                                                                                                      Member Application.                                   BILLING CODE 6050–28–P
                                              Agency Information Collection                             OMB Control Number: 3045–0054.
                                              Activities; Submission to the Office of                   Type of Review: Renewal.
                                              Management and Budget for Review                          Respondents/Affected Public:
                                                                                                                                                            DEPARTMENT OF EDUCATION
                                              and Approval; Comment Request;                          Individuals.
                                              AmeriCorps Member Application                             Total Estimated Number of Annual                    Arbitration Panel Decisions Under the
                                                                                                      Responses: 250,000.                                   Randolph-Sheppard Act
                                              AGENCY:  Corporation for National and                     Total Estimated Number of Annual
                                              Community Service (CNCS).                               Burden Hours: 281,250.                                AGENCY:  Office of Special Education and
                                              ACTION: Notice of information collection;                 Abstract: Currently, CNCS is                        Rehabilitative Services, Department of
                                              request for comment.                                    soliciting comments concerning its                    Education.
                                                                                                      proposed renewal of the AmeriCorps                    ACTION: Notice.
                                              SUMMARY:    In accordance with the                      Member Application Form. Applicants
                                              Paperwork Reduction Act of 1995,                        will respond to the questions included                SUMMARY:    This notice lists arbitration
                                              CNCS is proposing to renew an                           in this ICR in order to apply to serve as             panel decisions under the Randolph-
                                              information collection.                                 AmeriCorps members. CNCS also seeks                   Sheppard Act issued in January,
                                              DATES: Written comments must be                         to continue using the currently                       February, and March 2018. This notice
                                              submitted to the individual and office                  approved information collection until                 also lists any older decisions that the
                                              listed in the ADDRESSES section by                      the revised information collection is                 Department has made publicly available
                                              December 3, 2018.                                       approved by OMB. The currently                        in accessible electronic format during
                                              ADDRESSES: You may submit comments,                     approved information collection is due                that period. All decisions are available
                                              identified by the title of the information              to expire on December 31, 2018.                       on the Department’s website and by
                                              collection activity, by any of the                        Comments submitted in response to                   request.
amozie on DSK3GDR082PROD with NOTICES1




                                              following methods:                                      this notice will be summarized and/or                 FOR FURTHER INFORMATION CONTACT:
                                                 (1) By mail sent to: Corporation for                 included in the request for OMB                       Donald Brinson, U.S. Department of
                                              National and Community Service,                         approval. Comments are invited on: (a)                Education, 400 Maryland Avenue SW,
                                              AmeriCorps State & National; ATTN:                      Whether the collection of information is              Room 5045, Potomac Center Plaza,
                                              Erin Dahlin, Deputy Chief of Program                    necessary for the proper performance of               Washington, DC 20202–2800.
                                              Operations, 250 E Street SW,                            the functions of the agency, including                Telephone: (202) 245–7310. Email:
                                              Washington, DC 20525.                                   whether the information shall have                    donald.brinson@ed.gov. If you use a


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                                                                               Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Notices                                                       49551

                                              telecommunications device for the deaf                       facilities include, among other things,                          makes these decisions matters of public
                                              (TDD) or a text telephone (TTY), call the                    cafeterias, snack bars, and automatic                            record and requires their publication in
                                              Federal Relay Service, toll-free, at 1–                      vending machines. The Department                                 the Federal Register. 20 U.S.C. 107d–
                                              800–877–8339.                                                administers the Act and designates an                            2(c).
                                              SUPPLEMENTARY INFORMATION: For the                           agency in each State—the State                                     On September 5, 2017, the
                                              purpose of providing individuals who                         Licensing Agency (SLA)—to license                                Department announced that it would
                                              are blind with remunerative                                  individuals who are blind to operate
                                                                                                                                                                            publish quarterly lists of Randolph-
                                              employment, enlarging their economic                         vending facilities on Federal and other
                                                                                                                                                                            Sheppard arbitration panel decisions in
                                              opportunities, and stimulating greater                       property in the State.
                                                                                                                                                                            the Federal Register and that the full
                                              efforts to make themselves self-                               The Act requires arbitration of
                                                                                                           disputes between SLAs and vendors                                text of the decisions listed would be
                                              supporting, the Randolph-Sheppard
                                              Act, 20 U.S.C. 107 et seq. (Act),                            who are blind and between SLAs and                               available on the Department’s website or
                                              authorizes individuals who are blind to                      Federal agencies before three-person                             by request (see 82 FR 41941).
                                              operate vending facilities on Federal                        panels convened by the Department                                  In the first quarter of 2018, Randolph-
                                              property and provides them with a                            whose decisions constitute final agency                          Sheppard arbitration panels issued the
                                              priority for doing so. The vending                           action. 20 U.S.C. 107d–1. The Act also                           following decisions.

                                                                                                    Case name                                                                  Docket No.        Date         State

                                              Opportunities for Ohioans with Disabilities v. Wright Patterson Air Force Base ................................                R–S/16–08             2/22/18   OH
                                              California Vendors Policy Committee v. California Department of Rehabilitation ..............................                  R–S/10–09             2/20/18   CA
                                              Taylor v. Wisconsin’s Department of Workforce Development, Division of Vocational Rehabilitation                               R–S/12–01             2/05/18   WI
                                              Florida Department of Education v. Tyndall Air Force Base ..............................................................       R–S/16–04             1/30/18   FL
                                              Hooks v. North Carolina Division of Services for the Blind ................................................................    R–S/15–16             1/02/18   NC



                                                These decisions, and other decisions                       Act, and are available in Portable                               person listed under FOR FURTHER
                                              that we have already posted, are                             Document Format (PDF) at www.ed.gov/                             INFORMATION CONTACT.
                                              searchable by key terms, are accessible                      programs/rsarsp/arbitration-                                       At the same site, we have posted the
                                              under Section 508 of the Rehabilitation                      decisions.html or by request to the                              following decision from 2016.

                                                                                                    Case name                                                                  Docket No.        Date         State

                                              Texas Department of Assistive and Rehabilitative Services v. Fort Bliss ..........................................             R–S/13–13             11/2/16   TX



                                                Accessible Format: Individuals with                          Dated: September 26, 2018.                                     comments received on the document,
                                              disabilities can obtain this document in                     Johnny W. Collett,                                               the comment period is being extended.
                                              an accessible format (e.g., braille, large                   Assistant Secretary, Special Education and                       DATES: The comment period for the draft
                                              print, audiotape, or compact disc) on                        Rehabilitative Services.                                         policy statement published on
                                              request to the contact person listed                         [FR Doc. 2018–21423 Filed 10–1–18; 8:45 am]                      September 10, 2018, at 83 FR 45618, is
                                              under FOR FURTHER INFORMATION                                BILLING CODE 4000–01–P                                           extended. Comments must be received
                                              CONTACT.                                                                                                                      no later than October 15, 2018.
                                                Electronic Access to This Document:                                                                                         ADDRESSES: Comments may be provided
                                                                                                           DEPARTMENT OF EDUCATION                                          via email at NAEPALSpolicy@ed.gov
                                              The official version of this document is
                                              the document published in the Federal                                                                                         and may also be mailed to the following
                                                                                                           Policy Statement on Developing                                   address: NAEP Achievement Level
                                              Register.ou may access the official                          Student Achievement Levels for the
                                              edition of the Federal Register and the                                                                                       Setting Policy, National Assessment
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                                              Federal Digital System at: www.gpo.gov/
                                                                                                           AGENCY:  National Assessment                                     20002.
                                              fdsys. At this site you can view this
                                                                                                           Governing Board, U.S. Department of                              FOR FURTHER INFORMATION CONTACT:
                                              document, as well as all other
                                                                                                           Education.                                                       Sharyn Rosenberg, National Assessment
                                              documents of this Department
                                                                                                                                                                            Governing Board, 800 North Capitol
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                                                                                                                                                                            Street NW, Suite 825, Washington, DC
                                              or PDF. To use PDF you must have                             Period on Draft Policy Statement on
                                                                                                                                                                            20002–4233, Telephone: (202) 357–
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                                              available free at the site.                                  Levels for the National Assessment of
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amozie on DSK3GDR082PROD with NOTICES1




                                              feature at www.federalregister.gov.                          soliciting public comment for guidance                           Achievement levels for NAEP for Board
                                                Specifically, through the advanced                         in finalizing a revised policy on                                adoption. Once adopted, the policy will
                                              search feature at this site, you can limit                   Developing Student Achievement                                   be used in setting and reporting
                                              your search to documents published by                        Levels for the National Assessment of                            achievement levels for NAEP
                                              the Department.                                              Educational Progress (NAEP), which                               assessments. Additional information on
                                                                                                           published September 10, 2018, in the                             this document can be found on the
                                                                                                           Federal Register. Based on public                                Governing Board website at https://


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Document Created: 2018-10-02 01:19:03
Document Modified: 2018-10-02 01:19:03
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.
ContactDonald Brinson, U.S. Department of Education, 400 Maryland Avenue SW, Room 5045, Potomac Center Plaza, Washington, DC 20202-2800. Telephone: (202) 245-7310. Email: [email protected] 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 Citation83 FR 49550 

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