Proposed Rules. Notice of arbitration panel decision under the Randolph-Sheppard Act

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BILLING CODE 5001-06-C DEPARTMENT OF EDUCATION Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice of arbitration panel decision under the Randolph-Sheppard Act. SUMMARY: The Department of Education (Department) gives notice that on July 18, 2007, an arbitration panel rendered a decision in the matter of *Frank Malone* v. *Ohio Rehabilitation Services Commission, Bureau of Services for the Blind (Case No. R-S/04-8).* This panel was convened by the Department under 20 U.S.C. 107d-1(a), after the Department received a complaint filed by the petitioner, Frank Malone.

FOR FURTHER INFORMATION CONTACT: You may obtain a copy of the full text of the arbitration panel decision from Suzette E. Haynes, U.S. Department of Education, 400 Maryland Avenue, SW., Room 5022, Potomac Center Plaza, Washington, DC 20202-2800. Telephone:

(202)245-7374. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service

(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT . SUPPLEMENTARY INFORMATION: Under section 6(c) of the Randolph-Sheppard Act (the Act), 20 U.S.C. 107d-2(c), the Secretary publishes in the **Federal Register** a synopsis of each arbitration panel decision affecting the administration of vending facilities on Federal and other property. Background Frank Malone (Complainant) alleged violations by the Ohio Rehabilitation Services, Bureau of Services for the Blind, the State Licensing Agency (SLA), regarding the Act, the implementing regulations in 34 CFR part 395, and State rules and regulations. Specifically, Complainant alleged that these violations led to his resignation as manager of the cafeteria at the Verne Riffe Center for Government and the Arts (Riffe Center) in Columbus, Ohio. Additionally, Complainant alleged that the SLA improperly administered the Randolph-Sheppard Vending Program with respect to the SLA's rules and regulations concerning rent payments owed by him to the Ohio Building Authority (OBA), and the SLA's alleged failure to maximize Complainant's cafeteria facility, thus limiting his vocational potential. Summary Complainant filed a grievance against the SLA on this matter. A hearing on the grievance was held on August 20, 21, 22, and 26, 2003. Complainant's grievance was denied. On October 14, 2003, the hearing officer sustained the SLA's decision concerning the revocation of Complainant's vending license and ordered that the SLA collect from Complainant all monies due regarding outstanding rent payments to OBA. On November 19, 2003, the SLA adopted the hearing officer's order as final agency action. Complainant sought review by a Federal arbitration panel of that decision. Arbitration Panel Decision After reviewing all of the records and hearing testimony of witnesses, the panel ruled that the SLA failed in its responsibilities toward Complainant in violation of the Act, implementing regulations, and State rules and regulations. Specifically, the panel directed the SLA to restore Complainant's vending operator's license and reinstate him in the Business Enterprise program with full seniority. Further, the panel concluded that Complainant had been deprived of employment as a licensed vendor for four years, in part as a result of the SLA's omissions. Therefore, the panel also directed the SLA to offer Complainant the first available vending facility consistent with his ability and comparable in size, responsibility, and income potential as that of his previous assignment at the Riffe Center cafeteria facility. Additionally, the panel awarded Complainant damages in the amount of $93,202.01 for lost profits that he would have earned at the Riffe Center cafeteria facility less the amount of rent payments owed by Complainant to the SLA in the amount of $19,254.30. The total amount of the damage award to be paid by the SLA to Complainant is $73,947.71. The panel also found insufficient evidence to award further damages based upon Complainant's claim that he was entitled to an ATM machine and to have a priority for catering. The views and opinions expressed by the panel do not necessarily represent the views and opinions of the Department. Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the **Federal Register** , in text or Adobe Portable Document Format

(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at

(202)512-1530. Note: 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 on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Dated: November 26, 2007. William W. Knudsen, Deputy Assistant, Secretary for Special Education and Rehabilitative Services. [FR Doc. E7-23153 Filed 11-28-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-72-004] Dynegy Midwest Generation, Inc.; Notice of Filing November 21, 2007. Take notice that on November 13, 2007, Dynegy Midwest Generation, Inc. filed its Reactive Supply and Voltage Control from Generation Sources Service rate schedule in compliance of the Commission Order issued October 12, 2007, Initial Decision, *Dynegy Midwest Generation, Inc.* , Opinion No. 498, 121 FERC ¶ 61,025 (2007). Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Comment Date: 5 p.m. Eastern Time on December 4, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23150 Filed 11-28-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL08-12-000] PJM Industrial Customer Coalition, Complainant v. PJM Interconnection, L.L.C., Respondent; Notice of Complaint Filing November 21, 2007. Take notice that on November 20, 2007, pursuant to section 206 of the Federal Power Act, 16 U.S.C. 824e, and Rule 206 of the Rules of Practice and Procedure, 18 CFR 385.206, PJM Industrial Customer Coalition (Complainant) filed a formal complaint against PJM Interconnection, L.L.C. (Respondent) alleging that certain provisions in the Respondent's tariff, that would “sunset” the existing payments for customer curtailment when locational marginal pricing exceeds a particular threshold, currently $75/MWh, are unjust and unreasonable. The Complainant has requested fast track processing. The Complainant states that a copy of the complaint has been served on all potentially affected parties. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on December 6, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23149 Filed 11-28-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL08-11-000] TransCanada Power Marketing Ltd., Complainant v. ISO New England Inc., Respondent; Notice of Complaint Filing November 21, 2007. Take notice that on November 19, 2007, pursuant to sections 206 and 306 of the Federal Power Act, 16 U.S.C. 824e and 825e, and Rule 206 of the Rules of Practice and Procedure, 18 CFR 385.206, TransCanada Power Marketing Ltd. (Complainant) filed a formal complaint against ISO New England Inc. (Respondent) alleging that the Respondent de-list a portion of the Complainant's capacity, making that capacity ineligible to participate in the first Forward Capacity Auction

(FCA)in the Forward Capacity Market

(FCM)in contradiction of the rules that the Commission approved for qualifying capacity for the FCA for New England in *Devon Power LLC* , 115 FERC ¶ 61,340, *order on reh'g* , 117 FER ¶ 61,133 (2006). The Complainant is requesting the Commission to order the Respondent to accept the Complainant's composite designation of 6.222 MW of qualified capacity as a Self-Supplied FCA Resource for participation in the first Forward Capacity Auction conducted in furtherance of the FCM that has been established for New England. The Complainant has requested fast track processing. The Complainant states that a copy of the complaint has been served on the Respondent. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on December 3, 2007. Kimberly D. Bose, Secretary. [FR Doc. E7-23148 Filed 11-28-07; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No.: 2801-027] Littleville Power Company, Inc.; Notice of Application Tendered for Filing With the Commission, Soliciting Additional Study Requests, and Establishing Procedual Schedule for Licensing and Deadline for Submission of Final Amendments November 21, 2007. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* Subsequent Minor License. b. *Project No.:* 2801-027. c. *Date Filed:* October 31, 2007. d. *Applicant:* Littleville Power Company, Inc. e. *Name of Project:* Glendale Hydroelectric Project. f. *Location:* On the Housatonic River in the Town of Stockbridge, Berkshire County, Massachusetts. The project does not affect Federal lands. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791 (a)-825(r). h. *Applicant Contact:* Kevin M. Webb, Environmental Affairs Coordinator, Littleville Power Company, Inc., One Tech Drive, Suite 220, Andover, MA 01810,

(978)681-1900 ext. 809, *kevin.webb@northamerica.enel.it.* i. *FERC Contact:* Kristen Murphy,

(202)502-6236 or *kristen.murphy@ferc.gov* . j. *Cooperating agencies:* We are asking Federal, state, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing such requests described in item l below. Cooperating agencies should note the Commission's policy that agencies that cooperate in the preparation of the environmental document cannot also intervene. *See* , 94 FERC ¶ 61,076 (2001). k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's regulations, if any resource agency, Indian Tribe, or person believes that an additional scientific study should be conducted in order to form an adequate factual basis for a complete analysis of the application on its merit, the resource agency, Indian Tribe, or person must file a request for a study with the Commission not later than 60 days from the date of filing of the application, and serve a copy of the request on the applicant. l. Deadline for filing additional study requests and requests for cooperating agency status: December 30, 2007. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Additional study requests and requests for cooperating agency status may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “eFiling” link. m. This application is not ready for environmental analysis at this time. n. *The existing Glendale Project consists of:*

(1)A 250-foot-long, 30-foot-high gravity dam with a 182-foot-long spillway;

(2)a 23-acre reservoir;

(3)two manually-operated 10 by 10-foot intake gates;

(4)a 1,500-foot-long, 40-foot-wide intake canal;

(5)a forebay structure and a 250-foot-long, 12-foot-diameter steel penstock;

(6)a powerhouse with four turbines with a combined installed capacity of 1,140-kilowatts;

(7)a 300-foot-long tailrace channel;

(8)a step-up transformer and 13.8 kV transmission line; and

(9)appurtenant facilities. The applicant proposes to install a new 165-kW turbine that would pass a minimum flow into the bypassed channel. The applicant estimates that the total average annual generation, with the proposed additional turbine, would be 5,800 megawatthours. The applicant proposes to continue to operate the project in run-of-river mode with an increase in minimum flow in the bypass reach from 10 cfs to 90 cfs or inflow, whichever is less. The purpose of the project is to produce electrical power for sale to the Groton, MA Municipal Light Department. o. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. p. With this notice, we are initiating consultation with the Massachusetts State Historic Preservation Officer (SHPO), as required by § 106, National Historic Preservation Act, and the regulations of the Advisory Council on Historic Preservation, 36, CFR, at 800.4. q. *Procedural schedule and final amendments:* The application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule will be made as appropriate. The Commission staff proposes to issue one environmental assessment rather than issue a draft and final EA. Comments, terms and conditions, recommendations, prescriptions, and reply comments, if any, will be addressed in an EA. Staff intents to give at least 30 days for entities to comment on the EA, and will take into consideration all comments received on the EA before final action is taken on the license application. Issue Acceptance letter/ Additional: Information Requests January 2008. Issue Scoping Document February 2008. Additional Information Response due April 2008. Notice of application is ready for environmental analysis May 2008. Comments, recommendations, prescriptions due July 2008. Notice of availability of the EA January 2009. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice of ready for environmental analysis. Kimberly D. Bose, Secretary. [FR Doc. E7-23147 Filed 11-28-07; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8499-9; Docket ID No. EPA-HQ-ORD-2007-0971] An Exploratory Study: Assessment of Modeled Dioxin Exposure in Ceramic Art Studios AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Peer-Review Workshop. SUMMARY: The U.S. Environmental Protection Agency

(EPA)is announcing an external peer-review workshop to review the external review draft document titled, “An Exploratory Study: Assessment of Modeled Dioxin Exposure in Ceramic Art Studios” (EPA/600/R-06/044A). The draft document was prepared by the National Center for Environmental Assessment

(NCEA)within EPA's Office of Research and Development. The purpose of this report is to describe an exploratory investigation of potential dioxin exposures to artists/hobbyists who use ball clay to make pottery and related products. Dermal, inhalation and ingestion exposures to clay were measured at the ceramics art department of Ohio State University in Columbus, OH. Estimates of exposure were made based on measured levels of clay in the studio air, deposited on surrogate food samples and on the skin of artists. EPA is releasing this draft document solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. On October 4, 2007, EPA announced a 45-day public comment period on the draft document (72 FR 56756). The public comment period has closed as of November 19, 2007. The public comment period and the external peer-review panel workshop are separate processes that provide opportunities for all interested parties to comment on the document. All public comments submitted have been forwarded to EPA's contractor, Eastern Research Group, Inc. (ERG), and provided to the external peer-review panel members prior to the workshop for consideration during discussions at the workshop. In preparing a final report, EPA will consider the public comments submitted to EPA’s docket during the public comment period, and the comments and, recommendations from the external peer-review workshop, including any oral public comments made at the workshop. DATES: The peer-review panel workshop will begin on Wednesday, January 16, 2008, at approximately 9 a.m. and end at 5 p.m. Members of the public may attend the peer-review panel workshop. Time will be set aside on the morning of January 16, 2008 for registered attendees who wish to make brief oral comments (for more information refer to the instructions for registration below). ADDRESSES: Eastern Research Group (ERG), an EPA contractor for external scientific review, will convene an independent panel of experts and organize and conduct the peer-review workshop to review this draft document. The peer-review workshop will be held at the Navy League Building, 2300 Wilson Boulevard, Arlington, Virginia 22201. Observers may attend the peer-review workshop through a registration process by calling ERG’s conference line between the hours of 9 a.m. and 5:30 p.m. EST at

(781)674-7374 or toll free at

(800)803-2833, or by faxing a registration request to

(781)674-2906 (please reference the “Dioxin/Cermics Peer-Review Panel Workshop” and include full address and contact information) or by sending an e-mail to *Meetings@erg.com* (Subject line: Dioxin/Ceramics Peer-Review Panel Workshop; Body: include full address and contact information). Pre-registration is strongly recommended as space is limited, and registration will be accepted on a first-come, first-served basis. The deadline for pre-registration is Monday, January 7, 2008. If space allows, registrations will continue to be accepted after this date, including on-site registration. Time will be set aside to hear comments from observers, and individuals will be limited to a maximum of five minutes during the morning of the day of the workshop. When you register, please inform ERG that you wish to make comments during the comment period. The draft document, “An Exploratory Study: Assessment of Modeled Dioxin Exposure in Ceramic Art Studios,” is available primarily via the Internet on the National Center for Environmental Assessment(s home page under the Recent Additions and the Data and Publications menus at *http://www.epa.gov/ncea* . A limited number of paper copies are available from the NCEA Information Management Team; telephone: 202-564-3261; facsimile: 202-565-0050. If you are requesting a paper copy, please provide your name, mailing address, and the document title, “An Exploratory Study: Assessment of Modeled Dioxin Exposure in Ceramic Art Studios”. Copies are not available from ERG and copies will not be available at the workshop. FOR FURTHER INFORMATION CONTACT: Questions regarding information, registration, and logistics for the external peer-review workshop should be directed to Eastern Research Group, 110 Hartwell Avenue, Lexington, MA 02421-3136; telephone:

(781)674-7374 or toll free at

(800)803-2833; facsimile:

(781)674-2906; e-mail: *Meetings@erg.com.* If you need technical information about the document, please contact John Schaum, National Center for Environmental Assessment (NCEA); telephone: 202-564-3237; facsimile: 202-565-0078; e-mail *schaum.john@epa.gov* . Dated: November 21, 2007. Peter W. Preuss, Director, National Center for Environmental Assessment. [FR Doc. E7-23158 Filed 11-28-07; 8:45 am] BILLING CODE 6560-50-P FEDERAL ELECTION COMMISSION Sunshine Act Meeting Notice AGENCY: Federal Election Commission. DATES AND TIMES: Thursday, November 29, 2007, at 10 a.m. PLACE: 999 E Street, NW., Washington, DC (Ninth Floor). STATUS: This meeting will be open to the public. The following Item Has Been Added to the Agenda: *Advisory Opinion 2007-30:* Chris Dodd for President, Inc., by Marc E. Elias, Esq. PERSON TO CONTACT FOR INFORMATION: Mr. Robert Biersack, Press Officer, Telephone:

(202)694-1220. Mary W. Dove, Secretary of the Commission. [FR Doc. 07-5892 Filed 11-27-07; 3:06 pm]

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