Notices. Designation

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BILLING CODE 3510-22-S COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Designations Under the Textile and Apparel Commercial Availability Provisions of the United States-Caribbean Basin Trade Partnership Act (CBTPA) November 23, 2004. AGENCY: The Committee for the Implementation of Textile Agreements (The Committee). ACTION: Designation. SUMMARY: The Committee for the Implementation of Textile Agreements

(CITA)has determined that certain woven, 100 percent cotton, flannel fabrics, of the specifications detailed below, classified in the indicated subheadings of the Harmonized Tariff Schedule of the United States (HTSUS), for use in products covered by textile categories 340, 341, 347, 348, 350, 351, and 352, cannot be supplied by the domestic industry in commercial quantities in a timely manner. CITA hereby designates such apparel articles, that are both cut and sewn or otherwise assembled in an eligible CBTPA beneficiary country, from these fabrics as eligible for quota-free and duty-free treatment under the textile and apparel commercial availability provisions of the CBTPA and eligible under HTSUS subheadings 9820.11.27, to enter free of quota and duties, provided that all other fabrics are wholly formed in the United States from yarns wholly formed in the United States. EFFECTIVE DATE: November 30, 2004. FOR FURTHER INFORMATION CONTACT: Janet Heinzen, Office of Textiles and Apparel, U.S. Department of Commerce,

(202)482-3400. SUPPLEMENTARY INFORMATION: Authority: Section 211 of the CBTPA, amending Section 213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act (CBERA); Presidential Proclamation 7351 of October 2, 2000; Executive Order No. 13191 of January 17, 2001. Background The commercial availability provision of the CBTPA provides for duty-free and quota-free treatment for apparel articles that are both cut (or knit-to-shape) and sewn or otherwise assembled in one or more beneficiary CBTPA country from fabric or yarn that is not formed in the United States if it has been determined that such yarns or fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner and certain procedural requirements have been met. In Presidential Proclamation 7351, the President proclaimed that this treatment would apply to apparel articles from fabrics or yarn designated by the appropriate U.S. government authority in the **Federal Register** . In Executive Order 13191, the President authorized CITA to determine whether yarns or fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner. On July 14, 2004, the Chairman of CITA received twelve petitions from Sandler, Travis, and Rosenberg, P.A., on behalf of Picacho, S.A., alleging that certain woven, 100 percent cotton, flannel fabrics, of detailed specifications, classified in indicated HTSUS subheadings, for use in shirts, trousers, nightwear, robes, dressing gowns, and woven underwear, cannot be supplied by the domestic industry in commercial quantities in a timely manner and requesting quota- and duty-free treatment under the CBTPA for such apparel articles that are both cut and sewn in one or more CBTPA beneficiary countries from such fabrics. On July 22, 2004, CITA requested public comment on the petition. See Request for Public Comment on Commercial Availability Petition under the United States-Caribbean Basin Trade Partnership Act (CBTPA) (69 FR 43805). Subsequently, three of the petitions were withdrawn because the petitioner informed CITA that they contained minor but significant errors with regard to the detailed specifications. See Withdrawal of Three Commercial Availability Petitions under the United States-Caribbean Basin Trade Partnership Act (CBTPA)(69 FR 46137). On August 9, 2004, CITA and the U.S. Trade Representative

(USTR)sought the advice of the Industry Trade Advisory Committee for Textiles and Clothing and the Industry Trade Advisory Committee for Distribution Services. On August 9, 2004, CITA and USTR offered to hold consultations with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate (collectively, the Congressional Committees). On August 25, 2004, the U.S. International Trade Commission provided advice on the petitions. Based on the information and advice received and its understanding of the industry, CITA determined that the fabrics set forth in the petitions cannot be supplied by the domestic industry in commercial quantities in a timely manner. On September 10, 2004, CITA and USTR submitted a report to the Congressional Committees that set forth the action proposed, the reasons for such action, and advice obtained. A period of 60 calendar days since this report was submitted has expired. During this 60 calendar day period, the petitioner notified CITA that it was withdrawing one of the remaining nine petitions as this fabric is no longer available from its source. CITA hereby designates as eligible for preferential treatment under HTSUS subheading 9820.11.27, products covered by textile categories 340, 341, 347, 348, 350, 351, and 352, that are both cut and sewn or otherwise assembled in one or more eligible CBTPA beneficiary countries, from certain woven, 100 percent cotton, flannel fabrics, of the specifications detailed below, classified in the indicated HSTUS subheadings, not formed in the United States, provided that all other fabrics are wholly formed in the United States from yarns wholly formed in the United States, subject to the special rules for findings and trimmings, certain interlinings and de minimis fibers and yarns under section 112(d) of the CBTPA, and that such articles are imported directly into the customs territory of the United States from an eligible CBTPA beneficiary country. Specifications 1 Fabric: Style 4807 HTS Subheading: 5208.32.30.40 Fiber Content: 100% Cotton Weight: 152.6 g/m2 Width: 150 centimeters cuttable Thread Count: 24.4 warp ends per centimeter; 15.7 filling picks per centimeter; total: 40.1 threads per square centimeter Yarn Number: Warp: 40.6 metric, ring spun; filling: 20.3 metric, open end spun; overall average yarn number: 39.4 metric Finish: (Piece) dyed; napped on both sides, sanforized 2 Fabric: Style 0443 HTS Subheading: 5209.31.60.50 Fiber Content: 100% Cotton Weight: 251 g/m2 Width: 160 centimeters cuttable Thread Count: 22.8 warp ends per centimeter; 15 filling picks per centimeter; total: 37.8 threads per square centimeter Yarn Number: Warp: 40.6 metric, ring spun; filling: 8.46 metric, open end spun; overall average yarn number: 24.1 metric Finish: (Piece) dyed; napped on both sides, sanforized 3 Fabric: Style 62BV1500240 HTS Subheading: 5209.31.60.50 Fiber Content: 100% Cotton Weight: 203 g/m2 Width: 150 centimeters cuttable Thread Count: 20.5 warp ends per centimeter; 17.3 filling picks per centimeter; total: 37.8 threads per square centimeter Yarn Number: Warp: 40.6 metric, ring spun; filling: 13.5 metric, open end spun; overall average yarn number: 27.9 metric Finish: (Piece) dyed; napped on both sides, sanforized 4 Fabric: Style 4697 HTS Subheading: 5209.31.60.50 Fiber Content: 100% Cotton Weight: 291.5 g/m2 Width: 160 centimeters cuttable Thread Count: 23.2 warp ends per centimeter; 15 filling picks per centimeter; total: 38.2 threads per square centimeter Yarn Number: Warp: 27.07 metric, ring spun; filling: 8.46 metric, open end spun; overall average yarn number: 20.1 metric Finish: (Piece) dyed; napped on both sides, sanforized 5 Fabric: Style 62BU1600240 HTS Subheading: 5209.31.60.50 Fiber Content: 100% Cotton Weight: 291.5 g/m2 Width: 160 centimeters cuttable Thread Count: 26.8 warp ends per centimeter; 16.5 filling picks per centimeter; total: 43.3 threads per square centimeter Yarn Number: Warp: 25.46 metric, ring spun; filling: 10.16 metric, open end spun; overall average yarn number: 23.8 metric Finish: (Piece) dyed; napped on both sides, sanforized 6 Fabric: Style 4237 HTS Subheading: 5209.31.60.50 Fiber Content: 100% Cotton Weight: 254 g/m2 Width: 160 centimeters cuttable Thread Count: 20 warp ends per centimeter; 14.5 filling picks per centimeter; total: 34.5 threads per square centimeter Yarn Number: Warp: 28.8 metric, ring spun; filling: 8.46 metric, open end spun; overall average yarn number: 20.1 metric Finish: (Piece) dyed; napped on both sides, sanforized 7 Fabric: Style 0443A HTS Subheading: 5209.41.60.40 Fiber Content: 100% Cotton Weight: 251 g/m2 Width: 160 centimeters cuttable Thread Count: 22.8 warp ends per centimeter; 15 filling picks per centimeter; total: 37.8 threads per square centimeter Yarn Number: Warp: 40.6 metric, ring spun; filling: 8.46 metric, open end spun; overall average yarn number: 24.1 metric Finish: gingham check or plaid of yarns of different colors; napped on both sides, sanforized 8 Fabric: Style 4245 HTS Subheading: 5209.41.60.40 Fiber Content: 100% Cotton Weight: 251 g/m2 Width: 160 centimeters cuttable Thread Count: 19.7 warp ends per centimeter; 11.8 filling picks per centimeter; total: 31.5 threads per square centimeter Yarn Number: Warp: 20.3 metric, ring spun; filling: 8.46 metric, open end spun; overall average yarn number: 20.1 metric Finish: Plaid of yarns of different colors; napped on both sides, sanforized An “eligible CBTPA beneficiary country” means a country which the President has designated as a CBTPA beneficiary country under section 213(b)(5)(B) of the CBERA (19 U.S.C. 2703(b)(5)(B)) and which has been the subject of a finding, published in the **Federal Register** , that the country has satisfied the requirements of section 213(b)(4)(A)(ii) of the CBERA (19 U.S.C. 2703(b)(4)(A)(ii)) and resulting in the enumeration of such country in U.S. note 1 to subchapter XX of Chapter 98 of the HTSUS. D. Michael Hutchinson, Acting Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. E4-3387 Filed 11-29-04; 8:45 am] BILLING CODE 3510-DR-S COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Denial of Commercial Availability Request Under the United States-Caribbean Basin Trade Partnership Act (CBTPA) November 24, 2004. AGENCY: The Committee for the Implementation of Textile Agreements (CITA). ACTION: Denial of the request alleging that certain circular knit jersey fabric for use in apparel articles cannot be supplied by the domestic industry in commercial quantities in a timely manner under the CBTPA. SUMMARY: On September 20, 2004, the Chairman of CITA received a petition from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, Inc. of New York (Jaclyn), alleging that certain circular single knit jersey fabric of the specifications detailed below, classified in subheading 6006.34.00.80 of the Harmonized Tariff Schedule of the United States (HTSUS), cannot be supplied by the domestic industry in commercial quantities in a timely manner. The petition requests that women's and girl's nightwear of such fabric assembled in one or more CBTPA beneficiary countries be eligible for preferential treatment under the CBTPA. FOR FURTHER INFORMATION CONTACT: Anna Flaaten, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce,

(202)482-3400. SUPPLEMENTARY INFORMATION: Authority: Section 213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act, as added by Section 211(a) of the CBTPA; Section 6 of Executive Order No. 13191 of January 17, 2001. Background The CBTPA provides for quota- and duty-free treatment for qualifying textile and apparel products. Such treatment is generally limited to products manufactured from yarns and fabrics formed in the United States or a beneficiary country. The CBTPA also provides for quota- and duty-free treatment for apparel articles that are both cut (or knit-to-shape) and sewn or otherwise assembled in one or more CBTPA beneficiary countries from fabric or yarn that is not formed in the United States, if it has been determined that such fabric or yarn cannot be supplied by the domestic industry in commercial quantities in a timely manner. In Executive Order No. 13191, the President delegated to CITA the authority to determine whether yarns or fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner under the CBTPA and directed CITA to establish procedures to ensure appropriate public participation in any such determination. On March 6, 2001, CITA published procedures that it will follow in considering requests (66 FR 13502). On September 20, 2004, the Chairman of CITA received a petition from Sandler, Travis & Rosenberg, P.A., on behalf of Jaclyn, Inc. of New York, alleging that certain circular single knit jersey fabric of the specifications detailed below, classified in subheading 6006.34.00.80 of the Harmonized Tariff Schedule of the United States (HTSUS), cannot be supplied by the domestic industry in commercial quantities in a timely manner. The petition requests that women's and girl's nightwear of such fabric assembled in one or more CBTPA beneficiary countries be eligible for preferential treatment under the CBTPA. Specifications Fabric Description single knit jersey, jacquard geometric rib stitch Petitioner Style No 4944 HTS Subheading 6006.34.00.80 Fiber Content 64% polyester staple/35.5%-35.8% cotton/0.2%-0.5% spandex Weight 6.06 sq. meters/kg Yarn Size 54.14 metric (32/1 English), spun, filament core Gauge 28 Finish (Piece) dyed and printed Stretch Characteristics 25% from relaxed state; 90% recovery to relaxed state On September 23, 2004, CITA published a **Federal Register** notice requesting public comments on the request, particularly with respect to whether these fabrics can be supplied by the domestic industry in commercial quantities in a timely manner. On October 14, 2004, CITA and the Office of the U.S. Trade Representative offered to hold consultations with the relevant Congressional committees. We also requested the advice of the U.S. International Trade Commission and the relevant Industry Trade Advisory Committees. Through the ITC report and our contacts with domestic industry, we learned that there is domestic capacity and ability to supply 28-gauge circular knit fabric, which is a standard size for the U.S. industry. The ITC report and follow-up calls made by a CITA representative confirmed that there are two U.S. companies who have 28-gauge knitting machines and state they have the ability to make the subject 28-gauge fabric. CITA has determined that the domestic industry can supply the subject fabric described above in commercial quantities in a timely manner. On the basis of currently available information and our review of this request, CITA has determined that there is domestic capacity to supply a substitutable product in commercial quantities in a timely manner. Jaclyn's request is denied. D. Michael Hutchinson, Acting Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. E4-3389 Filed 11-29-04; 8:45 am] BILLING CODE 3510-DS-S COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Designations Under the Textile and Apparel Commercial Availability Provisions of the United States-Caribbean Basin Trade Partnership Act (CBTPA) November 23, 2004. AGENCY: The Committee for the Implementation of Textile Agreements (The Committee). ACTION: Designation. SUMMARY: The Committee for the Implementation of Textile Agreements

(202)482-3400. SUPPLEMENTARY INFORMATION: Authority: Section 211 of the CBTPA, amending Section 213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act (CBERA); Presidential Proclamation 7351 of October 2, 2000; Executive Order No. 13191 of January 17, 2001. Background The commercial availability provision of the CBTPA provides for duty-free and quota-free treatment for apparel articles that are both cut (or knit-to-shape) and sewn or otherwise assembled in one or more beneficiary CBTPA country from fabric or yarn that is not formed in the United States if it has been determined that such yarns or fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner and certain procedural requirements have been met. In Presidential Proclamation 7351, the President proclaimed that this treatment would apply to apparel articles from fabrics or yarn designated by the appropriate U.S. government authority in the **Federal Register** . In Executive Order 13191, the President authorized CITA to determine whether yarns or fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner. On July 30, 2004, the Chairman of CITA received three petitions from Sandler, Travis, and Rosenberg, P.A., on behalf of Picacho, S.A., alleging that certain woven, 100 percent cotton, flannel fabrics, of detailed specifications, classified in indicated HTSUS subheadings, for use in shirts, trousers, nightwear, robes, dressing gowns, and woven underwear, cannot be supplied by the domestic industry in commercial quantities in a timely manner and requesting quota- and duty-free treatment under the CBTPA for such apparel articles that are both cut and sewn in one or more CBTPA beneficiary countries from such fabrics. On August 6, 2004, CITA requested public comment on the petition. See Request for Public Comment on Commercial Availability Petition under the United States-Caribbean Basin Trade Partnership Act (CBTPA) (69 FR 47915). On August 24, 2004, CITA and the U.S. Trade Representative

(USTR)sought the advice of the Industry Trade Advisory Committee for Textiles and Clothing and the Industry Trade Advisory Committee for Distribution Services. On August 24, 2004, CITA and USTR offered to hold consultations with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate (collectively, the Congressional Committees). On August 25, 2004, the U.S. International Trade Commission provided advice on the petitions. Based on the information and advice received and its understanding of the industry, CITA determined that the fabrics set forth in the petitions cannot be supplied by the domestic industry in commercial quantities in a timely manner. On September 10, 2004, CITA and USTR submitted a report to the Congressional Committees that set forth the action proposed, the reasons for such action, and advice obtained. A period of 60 calendar days since this report was submitted has expired. CITA hereby designates as eligible for preferential treatment under HTSUS subheading 9820.11.27, products covered by textile categories 340, 341, 347, 348, 350, 351, and 352, that are both cut and sewn or otherwise assembled in one or more eligible CBTPA beneficiary countries, from certain woven, 100 percent cotton, flannel fabrics, of the specifications detailed below, classified in the indicated HSTUS subheadings, not formed in the United States, provided that all other fabrics are wholly formed in the United States from yarns wholly formed in the United States, subject to the special rules for findings and trimmings, certain interlinings and de minimis fibers and yarns under section 112(d) of the CBTPA, and that such articles are imported directly into the customs territory of the United States from an eligible CBTPA beneficiary country. Specifications Fabric 1 Petitioner Style No: 4835 HTS Subheading: 5208.42.30.00 Fiber Content: 100% Cotton Weight: 152.6 g/m2 Width: 150 centimeters cuttable Thread Count: 24.4 warp ends per centimeter; 15.7 filling picks per centimeter; total: 40.1 threads per square centimeter Yarn Number: Warp: 40.6 metric, ring spun; filling: 20.3 metric, open end spun; overall average yarn number: 39.4 metric Finish: of yarns of different colors; napped on both sides, sanforized Fabric 2 Petitioner Style No: 0443B HTS Subheading: 5209.41.60.40 Fiber Content: 100% Cotton Weight: 251 g/m2 Width: 160 centimeters cuttable Thread Count: 22.8 warp ends per centimeter; 17.3 filling picks per centimeter; total: 40.1 threads per square centimeter Yarn Number: Warp: 40.6 metric, ring spun; filling: 8.46 metric, open end spun; overall average yarn number: 24.1 metric Finish: Of yarns of different colors; napped on both sides, sanforized Fabric 3 Petitioner Style No: 4335 HTS Subheading: 5209.41.60.40 Fiber Content: 100% Cotton Weight: 251 g/m2 Width: 160 centimeters cuttable Thread Count: 20.1 warp ends per centimeter; 16.5 filling picks per centimeter; total: 36.6 threads per square centimeter Yarn Number: Warp: 27.07 metric, ring spun; filling: 10.16 metric, open end spun; overall average yarn number: 23.3 metric Finish: Of yarns of different colors; napped on both sides, sanforized An “eligible CBTPA beneficiary country” means a country which the President has designated as a CBTPA beneficiary country under section 213(b)(5)(B) of the CBERA (19 U.S.C. 2703(b)(5)(B)) and which has been the subject of a finding, published in the **Federal Register** , that the country has satisfied the requirements of section 213(b)(4)(A)(ii) of the CBERA (19 U.S.C. 2703(b)(4)(A)(ii)) and resulting in the enumeration of such country in U.S. note 1 to subchapter XX of Chapter 98 of the HTSUS. D. Michael Hutchinson, Acting Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. E4-3388 Filed 11-29-04; 8:45 am] BILLING CODE 3510-DR-S DEPARTMENT OF EDUCATION [CFDA No. 84.031H] Office of Postsecondary Education; Strengthening Institutions (SIP), American Indian Tribally Controlled Colleges and Universities (TCCU), Alaska Native and Native Hawaiian-Serving Institutions

(ANNH)and Developing Hispanic-Serving Institutions

(HSI)Programs; Notice Inviting Applications for Designation as Eligible Institutions for Fiscal Year

(FY)2005 *Purpose of Programs:* Under the SIP, TCCU, and ANNH Programs, (Title III Part A programs) authorized under Part A of Title III of the Higher Education Act of 1965, as amended (HEA), institutions of higher education are eligible to apply for grants if they meet specific statutory and regulatory eligibility requirements. Similarly, institutions of higher education are eligible to apply for grants under the HSI Program, authorized under Title V of the HEA, if they meet specific statutory and regulatory requirements. In addition, an institution that is designated as an eligible institution under those programs may also receive a waiver of certain non-Federal share requirements under the Federal Supplemental Educational Opportunity Grant (FSEOG), the Federal Work Study (FWS), the Student Support Services

(SSS)and the Undergraduate International Studies and Foreign Language (UISFL) Programs. The FSEOG, FWS and SSS Programs are authorized under Title IV of the HEA; the UISFL Program is authorized under Title VI of the HEA. Qualified institutions may receive these waivers even if they are not recipients of grant funds under the Title III, Part A Programs or the HSI Program. *Special Note:* To qualify as an eligible institution under the Title III, Part A Programs or the HSI Program, your institution must satisfy several criteria, including one related to needy student enrollment and one related to average Educational and General (E&G) expenditures for a particular base year. The most recent data available for E&G expenditures is for base year 2001-2002. In order to award FY 2005 grants in a timely manner, we will use the most recent data available. Therefore, we will use E&G expenditure threshold data from the base year 2001-2002. In completing your eligibility application, please use E&G expenditure data from the base year 2001-2002. *Eligible Applicants:* To qualify as an eligible institution under the Title III, Part A Programs or the HSI Program, an accredited institution must, among other requirements, have an enrollment of needy students, and its average E&G expenditures per full-time equivalent

(FTE)undergraduate student must be low in comparison with the average E&G expenditures per FTE undergraduate student of institutions that offer similar instruction. To be an eligible Hispanic Serving Institution, an institution must—

(1)Be accredited or preaccredited by a nationally recognized accrediting agency or association that the Secretary has determined to be a reliable authority as to the quality of education or training offered;

(2)Be legally authorized by the State in which it is located to be a junior college or to provide an educational program for which it awards a bachelor's degree;

(3)Have an enrollment of needy students as described in the *Enrollment Of Needy Students* section of this notice;

(4)Have low average educational and general expenditures per full-time equivalent undergraduate student as described in the *Educational And General Expenditures Per Full-Time Equivalent Student* section of this notice and the application booklet;

(5)Have, at the time of application, an enrollment of undergraduate full-time equivalent students that is at least 25 percent Hispanic students; and

(6)Provide assurances that not less than 50 percent of its Hispanic students are low-income individuals. Note: Numbers five and six above are required at the time of submission of the grant application. The complete eligibility requirements for the Title III, Part A Programs are found in 34 CFR 607.2 through 607.5. These regulations may be accessed by visiting the following Department of Education Web site: *http://www.access.gpo.gov/nara/cfr/waisidx_02/34cfr607_02.html.* The complete eligibility requirements for the HSI Program are found in 34 CFR 606.2 through 34 CFR 606.5. These regulations may be accessed by visiting the following Department of Education Web site: *http://www.access.gpo.gov/nara/cfr/waisidx_01/34cfr606_01.html.* *Enrollment of Needy Students:* Under 34 CFR 606.3(a) and 607.3(a), an institution is considered to have an enrollment of needy students if

(1)at least 50 percent of its degree students received financial assistance under one or more of the following programs: Federal Pell Grant, FSEOG, FWS, and Federal Perkins Loan Programs; or

(2)the percentage of its undergraduate degree students who were enrolled on at least a half-time basis and received Federal Pell Grants exceeded the median percentage of undergraduate degree students who were enrolled on at least a half-time basis and received Federal Pell Grants at comparable institutions that offered similar instruction. To qualify under this latter criterion, an institution's Federal Pell Grant percentage for base year 2002-2003 must be more than the median for its category of comparable institutions provided in the table in this notice. *Educational And General Expenditures Per Full-Time Equivalent Student:* An institution should compare its 2001-2002 average E&G expenditures per FTE student to the average E&G expenditure per FTE student for its category of comparable institutions contained in the table in this notice. If the institution's average E&G expenditures for the 2001-2002 base year are less than the average for its category of comparable institutions, it meets this eligibility requirement. An institution's average E&G expenditures are the total amount it expended during the base year for instruction, research, public service, academic support, student services, institutional support including library expenditures, operation and maintenance, scholarships and fellowships, and mandatory transfers. The following table identifies the relevant median Federal Pell Grant percentages for the base year 2002-2003 and the relevant average E&G expenditures per FTE student for the base year 2001-2002 for the four categories of comparable institutions: Type of institution 2002-2003 Median Pell grant percentage 2001-2002 Average E&G per FTE 2-year Public Institutions 24.6 $8,738 2-year Non-Profit Private Institutions 40.6 22,452 4-year Public Institutions 20.9 21,037 4-year Non-Profit Private Institutions 21.7 33,509 *Waiver Information:* Institutions of higher education that are unable to meet the needy student enrollment requirement or the average E&G expenditures requirement may apply to the Secretary for waivers of these requirements, as described in 34 CFR 606.3(b), 606.4(c) and (d), 607.3(b) and 607.4(c) and (d). Institutions requesting a waiver of the needy student enrollment requirement or the average E&G expenditures requirement must include in their application detailed information supporting the waiver request, as described in the instructions for completing the application. The regulations governing the Secretary's authority to waive the needy student requirement waiver, 34 CFR 606.3(b)(2) and

(3)and 607.3(b)(2) and

(3)refers to “low-income” students or families. The regulations define ''low-income'' as an amount that does not exceed 150 percent of the amount equal to the poverty level, as established by the U.S. Bureau of the Census, 34 CFR 606.3(c) and 607.3(c). For the purposes of this waiver provision, the following table sets forth the low-income levels for the various sizes of families: 2004 Annual Low-Income Levels Size of family unit Contiguous 48 states, the District of Columbia and outlying Alaska Hawaii 1 $13,965 $17,445 $16,050 2 18,735 23,415 21,540 3 23,505 29,385 27,030 4 28,275 35,355 32,520 5 33,045 41,325 38,010 6 37,815 47,295 43,500 7 42,585 53,265 48,990 8 47,355 59,235 54,480 For family units with more than eight members, add the following amount for each additional family member: $4,770 for the contiguous 48 states, the District of Columbia and outlying jurisdictions; $5,970 for Alaska; and $5,490 for Hawaii. The figures shown under family income represent amounts equal to 150 percent of the family income levels established by the U.S. Bureau of the Census for determining poverty status. The poverty guidelines were published by the U.S. Department of Health and Human Services in the **Federal Register** on February 13, 2004 (69 FR 7336-7338). The information about “metropolitan statistical areas'' referenced in 34 CFR 606.3(b)(4) and 607.3(b)(4) may be obtained by requesting the Metropolitan Statistical Areas, 1999 publication, order number PB99-501538, from the National Technical Information Service, Document Sales, 5285 Port Royal Road, Springfield, Virginia 22161, telephone number 1-800-553-6847. There is a charge for this publication. *Applications Available:* November 30, 2004. *Deadline For Transmittal Of Applications:* January 13, 2005, for an applicant institution that wishes to apply for a FY 2005 new grant under the Title III, Part A Programs or the HSI Program; April 28, 2005, for an institution that wishes to apply only for cost-sharing waivers under the FSEOG, FWS, SSS or UISFL Programs; and, January 13, 2005, for an institution that wishes to apply for both a grant under the Title III, Part A Programs or the HSI Program and a waiver of the non-Federal share requirement. *Electronic Submission Of Applications:* We are requiring that applications for institutional eligibility for FY 2005 under Request for Designation as an Eligible Institution be submitted electronically at the following Web site: *http://webprod.cbmiweb.com/Title3and5/index.html.* If you are unable to submit an application electronically you may submit a written request for a waiver of the electronic submission requirement. In the request, you should explain the reason or reasons that prevent you from using the Internet to submit your application. The request should be addressed to: Dr. Maria Carrington, U.S. Department of Education, 1990 K Street, NW., room 6033, Washington, DC 20202-8513. Please submit your request no later than two weeks before the application deadline date. If, within two weeks of the application deadline date, you are unable to submit an application electronically, you must submit a paper application by the application deadline date in accordance with the transmittal instructions in the application package. The paper application must include a written request for a waiver documenting the reasons that prevented the applicant from using the Internet to submit the application. To enter the Web site, you must use your institution's unique 8-digit identifier, *i.e.,* your Office of Postsecondary Education Identification Number (OPE ID number). If you receive a hard copy of the eligibility application and instructions from us in the mail, look for the OPE ID number on the address label. Otherwise, your business office or student financial aid office should have the OPE ID number. If your business office or student financial aid office does not have the OPE ID number, contact the Department, using the e-mail addresses of the contact persons listed in this notice under FOR FURTHER INFORMATION CONTACT. You will find detailed instructions for completing the application form electronically under the “eligibility 2005” link at either of the following Web sites: *http://www.ed.gov/programs/iduestitle3a.index.html;* or *http://www.ed.gov/his.* For institutions of higher education that are unable to meet the needy student enrollment requirement or the average E&G expenditure requirement and wish to request a waiver of one or both of those requirements, you must complete your designation application form electronically and transmit your waiver request narrative document from the following Web site: *http://webprod.cbmiweb.com/Title3and5/index.html.* If your institution is unable to electronically submit your narrative waiver request, print the electronic application form and mail it along with the waiver request narrative to Dr. Maria Carrington, Team Leader, Institutional Development and Undergraduate Education Service, U.S. Department of Education, 1990 K Street, NW., room 6033, Request for Eligibility Designation, Washington, DC 20202-8513. *Applicable Regulations:*

(a)The Education Department General Administrative Regulations in 34 CFR parts 74, 75, 77, 79, 82, 84, 85, 86, 97, 98, and 99.

(b)The regulations for the Title III, Part A Programs in 34 CFR part 607, and for the HSI Program in 34 CFR part 606. FOR FURTHER INFORMATION CONTACT: Imogene Byers, Don Crews, Ellen M. Sealey, Kelley Harris, Sophia McArdle or Carnisia Proctor, Institutional Development and Undergraduate Education Service, U.S. Department of Education, 1990 K Street, NW., room 6033, Request for Eligibility Designation, Washington, DC 20202-8513. They may be contacted at the following e-mail addresses or phone numbers: *Imogene.Byers@ed.gov,* 202-502-7672; *Don.Crews@ed.gov,* 202-502-7574; *Ellen.Sealey@ed.gov,* 202-502-7580; *Kelley.Harris@ed.gov,* 202-219-7083; *Sophia.McArdle@ed.gov,* 202-219-7078; *Carnisia.Proctor@ed.gov,* 202-502-7606. If you use a telecommunications device for the deaf (TDD), you may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audio tape, or computer diskette) on request to the contact persons listed under FOR FURTHER INFORMATION CONTACT . Individuals with disabilities may obtain a copy of the application package in an alternative format by contacting those persons. *Electronic Access to This Document:* You may view this document, as well as all other documents of this Department 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.* Program Authority: 20 U.S.C. 1057-1059d, 1101-1103g. Dated: November 24, 2004. Sally L. Stroup, Assistant Secretary for Postsecondary Education. [FR Doc. E4-3375 Filed 11-29-04; 8:45 am] BILLING CODE 4000-01-P 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 gives notice that on July 18, 2003, an arbitration panel rendered a decision in the matter of *Rodney Jackson* v. *Tennessee Department of Human Services, the Division for the Blind and Visually Impaired (Docket No. R-S/02-2).* This panel was convened by the U.S. Department of Education, under 20 U.S.C. 107d-1(a), after the Department received a complaint filed by the petitioner, Rodney Jackson. 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 Information Relay Service

(FIRS)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 in the preceding paragraph. 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 This dispute concerns the alleged improper termination of Mr. Rodney Jackson's vending operator's license by the Tennessee Department of Human Services, the Division for the Blind and Visually Impaired, in violation of the Act (20 U.S.C. 107 *et seq.* ) and the implementing regulations in 34 CFR part 395. A summary of the facts is as follows: On October 16, 1998, Mr. Rodney Jackson (complainant) was the successful bidder and was assigned by the Tennessee Department of Human Services, the Division for the Blind and Visually Impaired, the State licensing agency (SLA), to operate Facility #218 located in the Shelby County Administrative Complex in Memphis, Tennessee. In 1998, Facility #218 was a vending-only operation and later was converted to a manual food service and vending machine operation. Complainant alleged that before being assigned to Facility #218, he had completed the SLA's Business Enterprise management training program, graduating as the top student in the class, and had completed a course on health and sanitation from the National Restaurant Association. Complainant also alleged that, from July 1999 through April 2000, he successfully managed Facility #218 in such a manner that he was awarded the title “Rookie of the Year.” Moreover, complainant alleged that when he began managing Facility #218, he repeatedly requested cooking utensils, surveillance equipment, mop and food preparation sinks, and a viable connection to the hot food table, which he maintained were not provided at the time Facility #218 was converted from a vending-only facility to a manual food service and vending machine facility. Complainant further alleged that a former disgruntled employee was the motivating factor behind a petition by the Shelby County employees to remove him from Facility #218 and that he had never failed a Shelby County Government health inspection. Conversely, the SLA maintained that it complied fully with the Act, implementing regulations, and State laws and regulations governing the removal of complainant from Facility #218 and the revocation of his vending facility operator's license. The SLA alleged that beginning in or about January 2000 the situation at Facility #218 began to deteriorate. The SLA stated that the facility was closed a number of times when it should have been open, and customers began to complain about sanitation, fluctuating item prices, lack of items in the vending machines, and cleanliness. During the summer of 2000, more than one-third of the employees in the building where Facility #218 was located signed a complaint petition. The SLA further alleged that inspection reports by the SLA showed that complainant failed seven of eight inspections. In September 2000, the SLA stated that it gave complainant a letter citing poor inspection reports and customer complaints and then placed him on probation. In October 2000, the SLA gave complainant a second notice advising him of a 30-day notice of intent to terminate his operating license. Subsequently, in November 2000 the property managing official at the Shelby County Administrative Complex sent written notice to the SLA terminating its food and vending machine services. On December 6, 2000, the SLA notified complainant of the termination of his operating license to manage Facility #218. Complainant requested a State fair hearing, which was held on February 16, 2001. On March 26, 2003, the hearing officer affirmed the SLA's termination of complainant's license and removal from Facility #218. Arbitration Panel Decision The issue heard by the panel was whether the SLA violated the Act, 20 U.S.C. 107 *et seq.,* the implementing regulations in 34 CFR part 395, and the State regulations by allegedly improperly terminating complainant's vendor operating license and removing him from Facility #218, and, if so, what was the appropriate remedy. After reviewing all of the records and hearing testimony of witnesses, the panel unanimously ruled that the SLA acted properly and in full and fair compliance with the Act, implementing regulations, and State rules and regulations in removing complainant from Facility #218. The panel stated that the SLA has the responsibility to both vendors and customers, as well as to the agencies where vending facilities are located, to provide quality service and to preserve job opportunities for blind vendors. Therefore, the panel denied complainant's grievance, but instructed the SLA to allow Mr. Jackson the opportunity to qualify for issuance of a license to operate another vending facility following appropriate training at the SLA's expense. Upon Mr. Jackson's re-qualifying for a license, the SLA was instructed to reinstate his seniority as if his license had not been terminated. However, his placement would follow normal agency assignment protocol. The views and opinions expressed by the panel do not necessarily represent the views and opinions of the U.S. Department of Education. 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 24, 2004. Troy R. Justesen, Acting Deputy Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E4-3377 Filed 11-29-04; 8:45 am] BILLING CODE 4510-30-P 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 gives notice that on February 3, 2003, an arbitration panel rendered a decision in the matter of *North Carolina Department of Human Resources, Division of Services for the Blind* v. *United States Postal Service (Docket No. R-S/98-8).* This panel was convened by the U.S. Department of Education, under 20 U.S.C. 107d-1(b), after the Department received a complaint filed by the petitioner, North Carolina Department of Human Resources, Division of Services for the Blind. 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 telecommunication device for the deaf (TDD), you may call the Federal Information Relay Services

(FIRS)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 in the preceding paragraph. 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 This dispute concerns the alleged violation by the United States Postal Service

(USPS)of the priority provisions of the Act (20 U.S.C. 107 *et seq.* ) and the implementing regulations in 34 CFR part 395 in awarding a contract to a private vending company at the Greensboro Processing and Distribution Center (P&DC) in Greensboro, North Carolina. A summary of the facts is as follows: Beginning in 1995, the North Carolina Department of Human Resources, Division of Services for the Blind, the State licensing agency (SLA), operated a cafeteria on the second floor of the P&DC and also various vending machines in a break area and swing room on the first floor of the building under a contract agreement with USPS. The cafeteria included a hot food line and was staffed by attendants. Later, the cafeteria operation became not as profitable as the SLA desired, and discussions took place between the SLA and USPS wherein the SLA proposed closing the attendant hot food cafeteria and replacing it with a facility comprised of vending machines. In January 1998, USPS issued a request for proposal

(RFP)for a vending machine facility at P&DC, the same type of facility that the SLA had previously discussed with USPS. The SLA received the RFP and proposed to USPS that a single blind licensee be allowed to operate all vending operations at the P&DC under a permit agreement rather than a contract. After the SLA's proposal, USPS declined to enter into a permit agreement with the SLA, and the SLA elected not to submit a response to the RFP. USPS then awarded a contract for the operation of the new vending machine facility to a private vending company. Thereafter, the SLA filed a complaint with the Secretary of Education requesting the convening of a Federal arbitration panel. In its complaint, the SLA alleged that USPS violated the priority provisions of the Act and implementing regulations in awarding the contract to a private vending company. The SLA further alleged that the Act specifically recognizes that the operation of vending machines are to be under a permit agreement, while the operation of a cafeteria is required to be under a contract. As a result of this dispute, an arbitration panel was convened, and a hearing on this matter was held on June 6, 2000. Arbitration Panel Decision The issue heard by the panel was whether USPS had violated the Act (20 U.S.C. 107 *et seq.* ) and the implementing regulations in 34 CFR part 395 in awarding a contract to a private vending company to operate the vending machine facility at P&DC. After considering all of the evidence, the majority of the panel ruled that the P&DC vending facility was not a cafeteria as defined by the Act and implementing regulations. The panel stated that the regulations in § 395.1(d) define a cafeteria as a facility ``capable of providing a broad variety of prepared foods and beverages (including hot meals) primarily through the use of a line where the customer serves himself from displayed selections.'' On this basis, the panel ruled that USPS was required to approve the SLA's permit application for P&DC or indicate in writing to the Secretary of Education the reasons for refusing approval. The panel also determined that the vending facility at P&DC operated by the private vending company and comprised of vending machines was being operated in direct competition with vending machines operated by the SLA. Moreover, because the private vending company's vending machines were readily accessible to most or all of the employees at P&DC, the panel ruled that the SLA was entitled to receive 100 percent of all vending machine income collected by the private vending company as provided by the regulations in 34 CFR 395.32(b). Accordingly, the panel made the following award:

(1)USPS should terminate at the earliest practicable date the contract with the private vending company, thus allowing for an SLA-licensed blind vendor to operate the vending machine facility at P&DC;

(2)USPS should promptly approve an appropriate permit agreement with the SLA for the continued operation of the vending facility at P&DC; and

(3)USPS should pay to the SLA all sums received from the private vending company for the operation of the vending machines at P&DC and all sums to be received until the termination of the contract with the private vending company. One panel member dissented. The views and opinions expressed by the panel do not necessarily represent the views and opinions of the U.S. Department of Education. 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

(PJM)submitted an amendment to its report entitled “Compliance Report To The Federal Energy Regulatory Commission Docket No. ER02-1326-006 Assessment of PJM Load Response Programs” prepared by the PJM Market Monitoring Unit filed on November 1, 2004 and amended on November 3 and November 8, 2004. *Comment Date:* 5 p.m. eastern time on December 3, 2004. 2. United Illuminating Company [Docket No. ER03-31-008] Take notice that on November 12, 2004, United Illuminating Company (United Illuminating) submitted an amendment to its October 29, 2004 compliance filing in Docket No. ER03-31-007. *Comment Date:* 5 p.m. eastern time on December 3, 2004. 3. Hartford Steam Company [Docket No. ER04-582-004] Take notice that, on November 12, 2004, Hartford Steam Company submitted a compliance filing pursuant to the letter order issued by the Director of the Division of Tariffs and Market Development—South on September 10, 2004, in Docket Nos. ER04-582-000, *et al.* Hartford Steam Company states that copies of the filing were served on parties on the official service list in this proceeding. *Comment Date:* 5 p.m. eastern time on December 3, 2004. 4. Southern California Edison Company [Docket No. ER05-205-000] Take notice that on November 12, 2004, Southern California Edison Company

(SCE)submitted for filing Service Agreement No. 129 under SCE's Electric Tariff, First Revised Volume No. 5, an Interconnection Facilities Agreement and Service Agreement No. 130 under SCE's Electric Tariff, First Revised Volume No. 5, a Service Agreement for Wholesale Distribution Service between SCE and the City of Corona, California (Corona). SCE states that the agreements specify the terms and conditions under which SCE will provide wholesale Distribution Service for up to 32 MW of power produced by the Corona Cogen Project and delivered to the ISO Grid at SCE's Mira Loma Substation, and for 2.5 MW of Wholesale Distribution Load. SCE states that copies of this filing were served upon the Public Utilities Commission of the State of California and Corona. *Comment Date:* 5 p.m. eastern time on December 3, 2004. 5. PJM Interconnection, L.L.C. [Docket No. ER05-206-000] Take notice that on November 12, 2004, PJM Interconnection, L.L.C. (PJM), submitted for filing an executed construction service agreement among PJM, FPL Energy Marcus Hook, L.P., and Delmarva Power & Light Company d/b/a Conectiv Power Delivery designated as Original Service Agreement No. 1193 under PJM's FERC Electric Tariff, Sixth Revised Volume No. 1. PJM requests an effective date of October 14, 2004. PJM states that copies of this filing were served upon the parties to the agreement and the state regulatory commissions within the PJM region. *Comment Date:* 5 p.m. eastern time on December 3, 2004. 6. Southern California Edison Company [Docket No. ER05-207-000] Take notice that on November 12, 2004, Southern California Edison Company

(SCE)tendered for filing revisions to its Transmission Owner Tariff, FERC Electric Tariff, Second Revised Volume No. 6, Appendices I, II and III, to reflect the change in transmission rates resulting from the annual update of the Transmission Revenue Balancing Account Adjustment. SCE states that copies of this filing were served upon the Public Utilities Commission of the State of California, the California Independent System Operator Corporation, all Participating Transmission Owners, the Cities of Azusa, Banning, Colton, Riverside, California, the Department of Water and Power of the City of Los Angeles, California, the City of Pasadena, California and all Scheduling Coordinators certified by the California Independent System Operator Corporation. *Comment Date:* 5 p.m. eastern time on December 3, 2004. 7. PJM Interconnection, L.L.C. [Docket No. ER05-208-000] Take notice that on November 12, 2004, PJM Interconnection, L.L.C. (PJM), submitted for filing an executed interconnection service agreement among PJM, AC Landfill, LLC, and Atlantic city Electric Company d/b/a Conectiv Power Delivery designated as Original Service Agreement No. 1194 under PJM's FERC Electric Tariff, Sixth Revised Volume No. 1. PJM requests an effective date of October 14, 2004. PJM states that copies of this filing were served upon the parties to the agreement and the state regulatory commissions within the PJM region. *Comment Date:* 5 p.m. eastern time on December 3, 2004. 8. Reliant Energy Hunterstown, LLC [Docket No. ER05-209-000] Take notice that on November 12, 2004, Reliant Energy Hunterstown, LLC (Hunterstown) submitted for filing a notice of cancellation of its FERC Electric Tariff, Original Volume No. 1, with a proposed effective date of November 5, 2004. *Comment Date:* 5 p.m. eastern time on December 3, 2004. 9. California Independent System Operator Corporation [Docket No. ER05-210-000] Take notice that on November 12, 2004, California Independent System Operator Corporation

(ISO)tendered for filing Amendment No. 3 to the Interconnected Control Area Operating Agreement (ICAOA) between the ISO and Nevada Power Company (NEVP). The ISO states that the purpose of Amendment No. 3 is to incorporate requirements for the scheduling and delivery of non-regulation ancillary services into the ISO Control Area from the NEVP Control Area. The ISO requests an effective date of October 27, 2004. The ISO states that this filing has been served on NEVP, the California Public Utilities Commission, and all entities on the official service lists for the original ICAOA in Docket No. ER00-2292-000, Amendment No. 1 to the ICAOA in Docket No. ER01-1995-000, and Amendment No. 2 to the ICAOA in Docket No. ER04-885-000. *Comment Date:* 5 p.m. eastern time on December 3, 2004. 10. Delmarva Power & Light Company [Docket No. ER05-211-000] Take notice that on November 12, 2004, Delmarva Power & Light Company (Delmarva) tendered for filing a Notice of Cancellation of Delmarva's Rate Schedule FERC No. 125 terminating the rate schedule between Delmarva and Old Dominion Electric Cooperative (Old Dominion). Delmarva also tendered for filing PJM Interconnection, L.L.C. FERC Electric Tariff, Sixth Revised Volume No. 1, Original Service Agreement No. 1132, an amended executed Interconnection Agreement between Delmarva and Old Dominion (IA). Delmarva requests that the Commission allow the Cancellation Documents to become effective on September 30, 2004, and the IA to become effective on October 1, 2004. Delmarva states that copies of the filing were served upon Old Dominion and the Delaware Public Service Commission. *Comment Date:* 5 p.m. eastern time on December 3, 2004. 11. Cleco Power LLC [ Docket No. ER05-212-000] Take notice that on November 12, 2004, Cleco Power LLC (Cleco) tendered for filing proposed revisions to Attachment K (the Large Generator Interconnection procedures) of its Open Access Transmission Tariff to incorporate miscellaneous terms for inclusion in the *pro forma* agreements for feasibility studies system impact studies, facilities studies, and optional interconnection studies. Cleco requests an effective date of November 13, 2004. Cleco states that a copy of this filing was served electronically on Cleco's transmission customers and on the Louisiana Public Service Commission. *Comment Date:* 5 p.m. eastern time on December 3, 2004. 12. Midwest Independent Transmission System Operator, Inc. [Docket No. ER05-213-000] Take notice that on November 12, 2004 Midwest Independent System Operator, Inc. (Midwest ISO) and the Midwest ISO Transmission Owners submitted for filing proposed revisions to the Midwest ISO Open Access Transmission Tariff to accommodate Great River Energy as a new Transmission-Owning Member of the Midwest ISO. The Midwest ISO and the Midwest ISO Transmission Owners requests an effective date of December 1, 2004. The Midwest ISO states that it has electronically served a copy of this filing, with attachments, upon all Midwest ISO Members, Member representatives of Transmission Owners and Non-Transmission Owners, as well as all state commissions within the region. In addition, Midwest ISO states that the filing has been posted to Midwest ISO's Web site at *http://www.midwestiso.org* under the heading “Filings to FERC” and that hard copies will be provided to any interested parties upon request. *Comment Date:* 5 p.m. eastern time on December 3, 2004. 13. Select Energy, Inc., Select Energy New York, Inc. [Docket Nos. ER05-220-000 and EC05-19-000] Take notice that on November 15, 2004, Select Energy, Inc.(Select) and Select Energy New York, Inc. (SENY), (collectively, Applicants) submitted pursuant to section 203 of the Federal Power Act and Part 33 of the Commission's regulations, an application for authorization to implement a corporate reorganization. Applicants also filed a Notice of Cancellation of SENY's FERC Electric Tariff, Second Revised Volume No. 1, to be effective upon completion of the corporate reorganization. Applicants state that the merger will have no adverse effect on competition, rates or regulation. *Comment Date:* 5 p.m. eastern time on December 6, 2004. Standard Paragraph 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 and 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 parties to 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. Linda Mitry, Deputy Secretary. [FR Doc. E4-3363 Filed 11-29-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER91-569-024, et al.] Entergy Services, Inc., et al.; Electric Rate and Corporate Filings November 22, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Entergy Services, Inc. [Docket No. ER91-569-024] Take notice that on November 19, 2004, Entergy Services, Inc., on behalf of Entergy Arkansas, Inc., Entergy Gulf States, Inc., Entergy Louisiana, Inc., Entergy Mississippi, Inc., and Entergy New Orleans, Inc., pursuant to the Commission's deficiency letter dated October 29, 2004, filed an amendment to their August 9, 2004, filing,of their generation market power study. *Comment Date:* 5 p.m. eastern time on December 7, 2004. 2. Duke Power, a Division of Duke Energy Corporation [Docket No. ER96-110-012] Take notice that on November 19, 2004, Duke Power, a Division of Duke Energy Corporation , pursuant to the Commission's deficiency letter dated October 29, 2004, filed an amendment to its August 11, 2004, filing, as corrected on August 12, 2004, of its generation market power study. *Comment Date:* 5 p.m. eastern time on December 7, 2004. 3. Public Service Company of New Mexico [Docket Nos. ER96-1551-009 and ER01-615-006] Take notice that on November 19, 2004, the Public Service Company of New Mexico, pursuant to the Commission's deficiency letter dated October 29, 2004, filed an amendment to its August 11, 2004, filing, as supplemented on October 7, 2004, of its generation market power study. *Comment Date:* 5 p.m. eastern time on December 7, 2004. 4. AEP Power Marketing, Inc. AEP Service Corporation, CSW Power Marketing, Inc., CSW Energy Services, Inc., Central and South West Services, Inc. [Docket Nos. ER96-2495-023, ER97-4143-011, ER97-1238-018, ER98-2075-017, and ER98-542-013] Take notice that on November 19, 2004, the American Electric Power Service Corporation, on behalf of AEP Power Marketing, Inc., AEP Service Corporation, CSW Power Marketing, Inc., CSW Energy Services, Inc. and Central South West Services, Inc., pursuant to the Commission's deficiency letter dated October 29, 2004, filed an amendment to their August 11, 2004, filing of their generation market power study. *Comment Date:* 5 p.m. eastern time on December 7, 2004. 5. Dayton Power and Light Company, DPL Energy, LLC [Docket Nos. ER96-2601-018 and ER96-2602-007] Take notice that on November 19, 2004, Dayton Power and Light Company and DPL Energy, LLC, pursuant to the Commission's deficiency letter dated October 29, 2004, filed an amendment to their October 15, 2004, filing of their generation market power study. *Comment Date:* 5 p.m. eastern time on December 7, 2004. 6. Southern Company Energy Marketing, L.P., Southern Company Services, Inc. [Docket Nos. ER97-4166-016 and ER96-780-006] Take notice that on November 19, 2004, Southern Company Services, Inc., acting as agent for Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company, Savannah Electric and Power Company, and Southern Power Company, pursuant to the Commission's deficiency letter dated October 29, 2004, filed an amendment to their August 9, 2004, filing of their generation market power study. *Comment Date:* 5 p.m. eastern time on December 7, 2004. 7. Duke Energy Moss Landing LLC, Duke Energy Morro Bay LLC, Duke Energy Oakland LLC, Duke Energy South Bay LLC [Docket Nos. ER98-2680-008, ER98-2681-008, ER98-2682-008, and ER99-1785-007] Take notice that on November 19, 2004, Duke Energy Moss Land LLC, Duke Energy Morro Bay LLC, Duke Energy Oakland LLC and Duke Energy South Bay LLC, pursuant to the Commission's deficiency letter dated October 29, 2004, filed an amendment to their August 11, 2004, filing of their generation market power study. *Comment Date:* 5 p.m. eastern time on December 7, 2004. 8. Consumers Energy Company, CMS Energy Resource Management Company, Grayling Generating Station Limited Partnership, Genesee Power Station Limited Partnership , CMS Generation Michigan Power, L.L.C., Dearborn Industrial Generation, L.L.C. [Docket Nos. ER98-4421-005, ER96-2350-025, ER99-791-003, ER99-806-002, ER99-3677-004, and ER01-570-005] Take notice that on November 18, 2004, Consumers Energy Company, CMS Energy Resource Management Company, Grayling Generating Station Limited Partnership, Genesee Power Station Limited Partnership, CMS Generation Michigan Power, L.L.C. and Dearborn Industrial Generation, L.L.C., pursuant to the Commission's deficiency letter dated October 29, 2004, filed an amendment to their October 1, 2004, filing of their generation market power study. *Comment Date:* 5 p.m. eastern time on December 7, 2004. 9. Alliant Energy Corporate Services, Inc. [Docket Nos. ER99-230-006 and ER03-762-005] Take notice that on November 19, 2004, Alliant Energy Corporate Services, Inc., pursuant to the Commission's deficiency letter dated October 29, 2004, filed an amendment to its August 20, 2004 filing of its generation market power study. *Comment Date:* 5 p.m. eastern time on December 7, 2004. 10. Puget Sound Energy, Inc. [Docket No. ER99-845-007] Take notice that on November 19, 2004, Puget Sound Energy, Inc. (Puget), pursuant to the Commission's deficiency letter dated October 29, 2004, filed an amendment to its August 11, 2004, filing, as amended on September 24, 2004, of its generation market power study. *Comment Date:* 5 p.m. eastern time on December 7, 2004. 11. Kansas City Power & Light Company, Great Plains Power, Inc. [Docket No. ER99-1005-003 and ER02-725-004] Take notice that on November 19, 2004, Great Plains Energy Incorporated, on behalf of Kansas City Power & Light Company and Great Plains Power, Inc., pursuant to the Commission's deficiency letter dated October 29, 2004, filed an amendment to their August 11, 2004, filing of their generation market power study. *Comment Date:* 5 p.m. eastern time on December 7, 2004. 12. El Paso Electric Company [Docket Nos. ER99-2416-004 and ER99-2416-005] Take notice that on November 17, 2004, as supplemented on November 18, 2004, El Paso Electric Company submitted a technical amendment to its Market-Based Rate Tariff and a supplement to the revised generation market power studies filed on August 11, 2004. *Comment Date:* 5 p.m. eastern time on December 7, 2004. 13. Pinnacle West Capital Corporation, Arizona Public Service Company, Pinnacle West Energy Corporation, APS Energy Services Company, Inc. [Docket No. ER00-2268-007, ER99-4124-005, ER00-3312-006, ER99-4122-008] Take notice that on November 19, 2004, pursuant to the Commission's deficiency letter dated October 29, 2004, the Pinnacle West Capital Corporation, the Arizona Public Service Company, the Pinnacle West Energy Corporation and APS Energy Services Company, Inc. (collectively, the Pinnacle West Companies) filed an amendment to their August 11, 2004, filing, as supplemented on September 28, 2004, of their generation market power analysis. *Comment Date:* 5 p.m. eastern time on December 7, 2004. 14. Duke Energy Marketing America, LLC [Docket No. ER03-956-003] Take notice that on November 19, 2004, Duke Energy Marketing America, LLC, pursuant to the Commission's deficiency letter dated October 29, 2004, filed an amendment to its August 11, 2004, filing of its generation market power study. *Comment Date:* 5 p.m. eastern time on December 7, 2004. Standard Paragraph 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 and 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 parties to 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. Linda Mitry, Deputy Secretary. [FR Doc. E4-3366 Filed 11-29-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP04-396-000 and PF04-12-000] Transcontinental Gas Pipe Line Corporation; Notice of Availability of the Environmental Assessment for the Proposed Central New Jersey Expansion Project November 22, 2004. The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment

(EA)on the natural gas pipeline facilities proposed by Transcontinental Gas Pipe Line Corporation (Transco) in the above-referenced dockets. The EA was prepared to satisfy the requirements of the National Environmental Policy Act. The staff concludes that approval of the proposed project, with appropriate mitigating measures, would not constitute a major Federal action significantly affecting the quality of the human environment. The EA assesses the potential environmental effects of the construction and operation of the facilities proposed in the Central New Jersey Expansion Project. The facilities include about 3.77 miles of 36-inch-diameter pipeline that would loop Transco's existing Trenton Woodbury Line, located in Bordentown and Mansfield Townships, Burlington County, New Jersey. In addition, Transco would build a meter station/delivery point in Gloucester County, New Jersey (Repaupo Meter Station) pursuant to its automatic authorization provisions set forth in section 157.211(a), and Transco's blanket certificate issued in Docket No. CP82-426-000. The EA has been placed in the public files of the FERC. A limited number of copies of the EA are available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street, NE., Room 2A, Washington, DC 20426.

(202)502-8371. Copies of the EA have been mailed to Federal, State and local agencies, public interest groups, interested individuals, newspapers, and parties to this proceeding. Any person wishing to comment on the EA may do so. To ensure consideration prior to a Commission decision on the proposal, it is important that we receive your comments before the date specified below. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your comments to: Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426; • Label one copy of the comments for the attention of the (Gas Branch 1), PJ 11.1. • Reference Docket No. CP04-396-000; and • Mail your comments so that they will be received in Washington, DC on or before December 23, 2004. Please note that the Commission encourages electronic filing of comments. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Internet Web site at *http://www.ferc.gov* under the “e-Filing” link and the link to the User's Guide. Prepare your submission in the same manner as you would if filing on paper and save it to a file on your hard drive. Before you can file comments you will need to create an account by clicking on “Login to File” and then “New User Account.” You will be asked to select the type of filing you are making. This filing is considered a “Comment on Filing.” Comments will be considered by the Commission but will not serve to make the commentor a party to the proceeding. Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214). 1 Only intervenors have the right to seek rehearing of the Commission's decision. 1 Interventions may also be filed electronically via the Internet in lieu of paper. *See* the previous discussion on filing comments electronically. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your comments considered. Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC

(3372)or on the FERC Internet Web site ( *http://www.ferc.gov* ). Using the “eLibrary”, select “General Search” from the eLibrary menu, enter the selected date range and “Docket Number” ( *i.e.,* CP04-396) and follow the instructions. Searches may also be done using the phase “Central New Jersey Expansion in the “Text Search” field. For assistance with eLibrary, the eLibrary helpline can be reached at 1-866-208-3676, TTY

(202)502-8659, or at *ferconlinesupport@ferc.gov.* The eLibrary link on the FERC Internet Web site also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. To register for this service, go to *http://www.ferc.gov/esubscribenow.htm.* Linda L. Mitry, Acting Secretary. [FR Doc. E4-3361 Filed 11-29-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. AD04-13-000] Assessing the State of Wind Energy in Wholesale Electricity Markets; Notice, Agenda and Staff Paper for the December 1, 2004 Technical Conference on Wind Energy November 22, 2004. As announced in the Notices of Technical Conference issued October 4, 2004 and November 18, 2004, the Federal Energy Regulatory Commission will host a technical conference on December 1, 2004 to assess the state of wind energy in wholesale electricity markets. The goal of the technical conference is to explore possible policy changes that would better accommodate the participation of wind energy in wholesale markets. The conference will begin at 10 a.m. and end at approximately 6 p.m. (Mountain Standard Time) at the Adams Mark Denver Hotel, 1550 Court Place,Denver, Colorado. The conference is open for the public to attend, and registration is not required; however, in-person attendees are asked to register for the conference on-line by close of business on Monday, November 29, 2004 at *http://www.ferc.gov/whats-new/registration/wind-1201-form.asp.* Transcripts of the conference will be immediately available from Ace Reporting Company (202-347-3700 or 1-800-336-6646) for a fee. They will be available for the public on the Commission's eLibrary system seven calendar days after FERC receives the transcript. Additionally, Capitol Connection offers the opportunity for remote listening of the conference via the Internet or a Phone Bridge Connection for a fee. Interested persons should make arrangements as soon as possible by visiting the Capitol Connection Web site at *http://www.capitolconnection.gmu.edu* and clicking on “FERC.” If you have any questions contact David Reininger or Julia Morelli at the Capitol Connection (703-993-3100). For more information about the conference, please contact Sarah McKinley at 202-502-8004, *sarah.mckinley@ferc.gov.* Linda Mitry, Deputy Secretary. [FR Doc. E4-3362 Filed 11-29-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-7843-5] Agency Information Collection Activities OMB Responses AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This document announces the Office of Management and Budget's

(OMB)responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. FOR FURTHER INFORMATION CONTACT: Susan Auby

(202)566-1672, or e-mail at *auby.susan@epa.gov* and please refer to the appropriate EPA Information Collection Request

(ICR)Number. SUPPLEMENTARY INFORMATION: OMB Responses to Agency Clearance Requests OMB Approvals EPA ICR No. 1710.04; Residential Lead-Based Paint Hazardous Disclosure Requirements; in 40 CFR part 745, subpart F and 24 CFR part 35, subpart H; was approved 11/05/2004; OMB Number 2070-0151; expires 11/30/2007. EPA ICR No. 2143.01; ECOS Survey of State Performance Measures; was approved 10/29/2004; OMB Number 2020-0028; expires 11/30/2005. EPA ICR No. 1713.05; Federal Operating Permit Regulations; in 40 CFR part 71; was approved 11/01/2004; OMB Number 2060-0336; expires 03/31/2007. EPA ICR No. 1587.06; State Operating Permits Regulations; in 40 CFR part 70; was approved 11/01/2004; OMB Number 2060-0243; expires 03/31/2007. EPA ICR No. 1198.07; Chemical-Specific Rules, Toxic Substances Control Act Section 8(a); in 40 CFR part 704; was approved 10/20/2004; OMB Number 2070-0067; expires 10/31/2007. EPA ICR No. 1572.06; Hazardous Waste Specific Unit Requirements and Special Waste Processes and Types; in 40 CFR part 261; 40 CFR part 264; 40 CFR part 265; 40 CFR part 266; was approved 10/14/2004; OMB Number 2050-0050; expires 10/31/2007. EPA ICR No. 1693.03; Plant-Incorporated Protectants; CBI Substantiation and Adverse Effects Reporting; in 40 CFR part 174; was approved 10/07/2004; OMB Number 2070-0142; expires 10/31/2007. EPA ICR No. 1591.15; Regulation of Fuel and Fuel Additives; in 40 CFR part 80, subparts D, E, and F; was approved 10/12/2004; OMB Number 2060-0277; expires 10/31/2007. EPA ICR No. 1764.03; National Volatile Organic Compound Emission Standards for Consumer Products; in 40 CFR part 59, subpart C; was approved 10/06/2004; OMB Number 2060-0348; expires 10/31/2007. EPA ICR No. 1049.10; Notification of Episodic Releases of Oil and Hazardous Substances; in 40 CFR parts 110, 117 and 302; was approved 10/05/2004; OMB Number 2050-0046; expires 10/31/2007. EPA ICR No. 1136.07; NSPS for VOC Emissions From Petroleum Refinery Wastewater Systems; in 40 CFR part 60, subpart QQQ; was approved 10/05/2004; OMB Number 2060-0172; expires 10/31/2007. EPA ICR No. 1246.09; Reporting and Recordkeeping Requirements for Asbestos Abatement Worker Protection; in 40 CFR part 763, subpart G; was approved 10/05/2004; OMB Number 2070-0072; expires 10/31/2007. EPA ICR No. 1949.03; Implementation of Incentives Designed for EPA's National Environmental Performance Track Program; was approved 11/12/2004; OMB Number 2010-0032; expires 08/31/2006. EPA ICR No. 1748.04; Annual Reporting form for State Small Business Stationary Source Technical and Environmental Compliance Assistance Program (SBTCP); was approved 11/09/2004; OMB Number 2060-0337; expires 11/30/2007. EPA ICR No. 1564.06; NSPS for Small Industrial-Commercial-Institutional Steam Generating Units ; in 40 CFR part 60, subpart Dc; was approved 11/09/2004; OMB Number 2060-0202; expires 11/30/2007. Short Term Extensions EPA ICR No. 1726.03; Marine Engine Manufacturer In-use Emission Testing Program Reporting and Recordkeeping, in 40 CFR part 91, subpart N; OMB Number 2060-0322; on 10/28/2004 OMB extended the expiration date to 01/31/2005. EPA ICR No. 1897.04; Information Requirements for Marine Diesel Engines (nonroad Large SI Engines and Marine Diesel Engines) (Amendments) (Final Rule); in 40 CFR part 94, 40 CFR part 1048; OMB Number 2060-0460; on 10/28/2004 OMB extended the expiration date to 01/31/2005. EPA ICR No. 1680.03; Information Collection Request for the Combined Sewer Overflow Policy; OMB Number 2040-0170; on 10/27/2004 OMB extended the expiration date to 01/31/2005. EPA ICR No. 2018.01; Pollution Prevention Compliance Alternative; Transportation Equipment Cleaning

(TEC)Point Source Category; in 40 CFR part 442; OMB Number 2040-0235; on 10/26/2004 OMB extended the expiration date to 01/31/2005. EPA ICR No. 1139.06; TSCA Section 4 Test Rules, Consent Orders, Test Rule Exemptions, and Voluntary Data Submission; OMB Number 2070-0033 on 10/27/2004 OMB extended the expiration date to 01/31/2005. EPA ICR No. 2052.01; Information Collection Request for Long Term 1 Enhanced Surface Water Treatment Rule (Final Rule); OMB Number 2040-0229; on 10/26/2004 OMB extended the expiration date to 01/31/2005. EPA ICR No. 0586.09; TSCA Section 8(a) Preliminary Assessment Information Rule (PAIR); OMB Number 2070-0054 on 10/27/2004 OMB extended the expiration date to 01/31/2005. Withdrawn and Continued EPA ICR No. 1230.14; Prevention of Significant Deterioration and Non-Attainment Area New Source Review (The Establishment of a Definition for Equipment Replacement for the New Source Review Program); OMB No. 2060-0003; was withdrawn on 10/05/2004. Dated: November 16, 2004. Oscar Morales, Director, Collection Strategies Division. [FR Doc. 04-26399 Filed 11-29-04; 8:45 am]

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