TITLE in-addition

Coastal Coordination Council

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were deemed administratively complete for the following projects(s) during the period of December 13, 2002, through December 19, 2002. The public comment period for these projects will close at 5:00 p.m. on January 24, 2003.

FEDERAL AGENCY ACTIONS: Applicant: Duane H. Lowe; Location: The project is located on Trinity Bay adjacent to Northpoint in Trinity Bay Subdivision, Lot No. 8, Beach City, Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Umbrella Point, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 321950; Northing: 3290300. Project Description: The applicant proposes to place riprap adjacent to an existing bulkhead and existing wooden groins to protect the 200-foot-long shoreline from erosion and to construct a boat ramp for recreational use. Approximately 150 cubic yards of broken concrete, bricks, and sacrete would be placed below the high tide line at a maximum distance of 10 feet from the bulkhead. Approximately 9 cubic yards of brick, concrete, and sacrete would be place below the high tide line for construction of the 18-foot-long by 10-foot-wide boat ramp. CCC Project No.: 02-0417-F1; Type of Application: U.S.A.C.E. permit application #22543 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387).

Applicant: Oly Galveston General Partnership; Location: The project is located north of Lafitte's Cove, adjacent to Eckerts Bayou in Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Lake Como, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 311611; Northing: 3233902. Project Description: The applicant proposes to construct a 29-homesite harbor residential area which would include a community pavilion, 5 boatslips, and onsite boat storage. The location of all proposed building pads are on uplands. However, for lots 22, 23, 24, and 28 where the building footprint is less than sixty feet in depth, the applicant requests authorization to place three pilings into adjacent wetlands to support overhead decks. The harbor would be created by the upland excavation of 33,000 cubic yards (CY) of sand to be placed on upland areas and the removal of 1,238.6 square feet of grasses. To connect the harbor to the existing channel, roughly 3,300 CY's of sand (from a 0.46 acre surface area location) would be dredged from open-water through hydraulic means. The 3,300 CY's of sand excavated during the construction of the channel would be beneficially used to create 2 barrier islands along the existing shoreline. The construction of the 2 islands would result in approximately 0.275 acres of water surface to be filled. CCC Project No.: 02-0418-F1; Type of Application: U.S.A.C.E. permit application #22790 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387).

Applicant: Kinder Morgan Ship Channel Pipeline, L.P.; Location: The project is located in Galveston Bay off of Dollar Point in Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Texas City, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 316851; Northing: 3257473. Project Description: The applicant proposes to install concrete mats (Submar mat) over two portions of their concrete-coated 18-inch natural gas pipeline to provide additional structural protection. The mats would be placed along the pipeline in two sections totaling 660 feet. Location 1 would be in Galveston Bay, approximately 750 feet from Dollar Point, and would involve the installation of 460 linear feet of mats along the pipeline. Location 2 would be approximately 1 mile from Dollar Point and would involve the installation of 200 linear feet of mats. The maps would be capped with limestone to aid in the restoration of oyster reefs at both locations. CCC Project No.: 02-0419-F1; Type of Application: U.S.A.C.E. permit application #22876 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387).

Applicant: El Paso Production Oil and Gas Company; Location: The project is located in the Outer Continental Shelf (OCS) Federal Waters in the Gulf of Mexico in the Gulf Safety Fairway, Matagorda Island Area, OCS Block 651 and 652, Offshore Texas. The project can be located using the Texas State Plane Coordinate system, South Zones. The proposed pipeline would enter the fairway at XY Coordinates X=2,849,708.70'; Y=84522.10' and exit the fairway at XY Coordinates X=2,860,240'; Y=77,482'. Project Description: The applicant proposes to install a 6-inch natural gas and condensate flowline which would originate from a wellhead at Matagorda Island Block 652, Caisson No. 1 and terminate at Platform "A" located in Matagorda Island Block 651. Water depths for the proposed project area are approximately 100 feet. CCC Project No.: 02-0420-F1; Type of Application: U.S.A.C.E. permit application #22886 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

FEDERAL AGENCY ACTIVITIES:

Applicant: U.S. Army Corps of Engineers; Location: The project is located in the Houston-Galveston Navigation Channel in upper Galveston Bay between Redfish Island and Morgans Point in Harris, Chambers, and Galveston counties, Texas. Project Description: This is an Environmental Assessment to describe environmental impacts of the addition of barge lanes to the Houston-Galveston Navigation Channels, Texas Project. Each of the 15-mile-long barge lanes would be 125 feet wide and dredged to a depth of -12 feet Mean Low Tide (MLT) plus 1-foot of allowable overdepth. Approximately 1.2 million cubic yards of dredged material would be necessary over the 50-year economic life of the project. Dredged material would be placed into the existing Mid Bay Beneficial Use Site and the Atkinson Island Beneficial Use Site. This project would cause the loss of 54 acres of oyster reef and scattered oysters which would be mitigated by creating or restoring oyster reefs at a 1:1 ratio. Four mitigation reef locations (Tern Reef, Mid Galveston Bay, Gas Pipe Reef, and Stevenson Reef) were chosen based on considerations of water quality, human health concerns, substrate type, past problems with oyster predators and diseases, and conflicts with other bay users. CCC Project No.: 02-0381-F2; Type of Application: Environmental Assessment prepared in accordance with the National Environmental Policy Act (NEPA).

Applicant: Gulf of Mexico Fishery Management Council; Location: Gulf of Mexico; Project Description: "Secretarial Amendment 2 to the Reef Fish Fishery Management Plan to Set Greater Amberjack Sustainable Fisheries Act Targets and Thresholds and to set a Rebuilding Plan (includes Environmental Assessment and Regulatory Impact Review)". The proposed actions of the council are to specify maximum sustainable yield, optimum yield, maximum fishing mortality threshold, and minimum stock size threshold levels for greater amberjack that are in compliance with current fishery management standards and also to establish a rebuilding plan for greater amberjack in the Gulf of Mexico. CCC Project No.: 02-0408-F2; Type of Application: Secretarial amendment. NOTE: The CMP consistency review for this project may be conducted by the Texas Parks & Wildlife Department.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information on the applications listed above may be obtained from Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or diane.garcia@glo.state.tx.us. Comments should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.

TRD-200208567

Larry Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: December 30, 2002


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Sections 303.003 and 303.009, Tex. Fin. Code.

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 12/30/02 -- 01/05/03 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the period of 12/30/02 -- 01/05/03 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

2 Credit for business, commercial, investment or other similar purpose.

TRD-200208534

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: December 27, 2002


Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Sections 303.003, 303.005, 303.008, 303.009, 304.003, and 346.101. Tex. Fin. Code.

The weekly ceiling as prescribed by Sec. 303.003 and 303.009 for the period of 01/06/03 - 01/12/03 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and 303.009 for the period of 01/06/03 - 01/12/03 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by Sec. 303.005 and 303.009 3 for the period of 01/01/03 - 01/31/03 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The monthly ceiling as prescribed by Sec. 303.005 and 303.009 for the period of 01/01/03 - 01/31/03 is 18% for Commercial over $250,000.

The standard quarterly rate as prescribed by Sec. 303.008 and 303.009 for the period of 01/01/03 - 03/31/03 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The standard quarterly rate as prescribed by Sec. 303.008 and 303.009 for the period of 01/01/03 - 03/31/03 is 18% for Commercial over $250,000.

The retail credit card quarterly rate as prescribed by Sec. 303.009 1 for the period of 01/01/03 - 03/31/03 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The lender credit card quarterly rate as prescribed by Sec. 346.101 Tex. Fin. Code 1 for the period of 01/01/03 - 03/31/03 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The standard annual rate as prescribed by Sec. 303.008 and 303.009 4 for the period of 01/01/03 - 03/31/03 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The standard annual rate as prescribed by Sec. 303.008 and 303.009 for the period of 01/01/03 - 03/31/03 is 18% for Commercial over $250,000.

The retail credit card annual rate as prescribed by Sec. 303.009 1 for the period of 01/01/03 - 03/31/03 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 01/01/03 - 01/31/03 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed Sec. 304.003 for the period of 01/01/03 - 01/31/03 s 10% for Commercial over $250,000.

1 Credit for personal, family or household use.

2 Credit for business, commercial, investment or other similar purpose.

3 For variable rate commercial transactions only.

4 Only for open-end credit as defined in Sec. 301.002(14), Tex. Fin. Code.

TRD-200208587

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: December 31, 2002


Texas Department of Criminal Justice

Corrected Notice to Bidders

PLEASE NOTE THAT MANDATORY PRE-BID DATE HAS BEEN CHANGED

The Texas Department of Criminal Justice invites bids for the construction of Dialysis Water Treatment System Upgrades at Huntsville, Texas. The project consists of new construction to upgrade the Central Regional Medical Facility Dialysis Treatment Center water treatment system at the existing Estelle Unit in Huntsville, Texas. The work includes removal and reconfiguration of some portions of the existing system, preparation of a new 1st floor treatment room, modification of the existing 2nd floor water treatment room (RO room), all related plumbing, electrical, water and gas utilities, mechanical and architectural work as further shown in the Contract Documents prepared by Kevin McCue, P.E., TDCJ Facilities Engineering.

The successful bidder will be required to meet the following requirements and submit evidence within five days after receiving notice of intent to award from the Owner:

A. Contractor must have a minimum of five (5) consecutive years of experience as a General Contractor and provide references for at least three projects that have been completed of a dollar value and complexity equal to or greater than the proposed project.

B. Contractor must be bondable and insurable at the levels required.

C. Contractor must obtain a FDA 510K letter of compliance for the new system.

All Bid Proposals must be accompanied by a Bid Deposit in the amount of 5% of greatest amount bid. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity.

Bid Documents can be purchased from TDCJ at a cost $50.00 (Fifty dollars), non-refundable, per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable to Texas Department of Criminal Justice and sent to:

TDCJ Contracts and Procurement Department, Two Financial Plaza, Suite 525 Huntsville, Texas 77340, Contact: Paul Fitts, CTPM; Phone: (936) 437-7158; Fax: (936) 437-7009

A Mandatory Pre-Bid Conference will be held at 10:00 a.m. on January 21, 2003 at the Estelle Unit in Huntsville, Texas, followed by a site-visit. ONLY ONE SCHEDULED SITE VISIT WILL BE HELD FOR REASONS OF SECURITY AND PUBLIC SAFETY; THEREFORE, BIDDERS ARE REQUIRED TO ATTEND. Bids will be publicly opened and read at 2:00 p.m. on February 6, 2003, in the Contracts and Procurement Conference Room located in the West Hill Mall, Suite 525, Two Financial Plaza, Huntsville, Texas.

Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects.

TRD-200208586

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: December 31, 2002


East Texas Council of Governments

Request for Qualifications on Legal Counsel

The East Texas Workforce Development Board is soliciting a request for qualifications (RFQ) for general legal counsel services. The East Texas Workforce Development Board was established under Texas House Bill 1863 and the federal Workforce Investment Act of 1998. The Board oversees the integration and coordination of more than twenty separate employment and training programs in the 14 county Workforce Development Area (WDA). The WDA consists of Anderson, Camp, Cherokee, Gregg, Harrison, Henderson, Marion, Panola, Rains, Rusk, Smith, Upshur, Van Zandt, and Wood counties.

The Workforce Board is comprised of representatives of business, labor, education, and community organizations appointed by local elected officials. Operational and programmatic funding to the Workforce Board is provided by a variety of state and federal sources through the Texas Workforce Commission.

Legal counsel services consist of administrative counseling, contract review and preparation, and organizational advocacy in formal and informal proceedings before judicial and quasi-judicial bodies.

Potential respondents may obtain a copy of the RFQ by contacting Glynn Knight, Executive Director, East Texas Council of Governments, 3800 Stone Road, Kilgore, Texas 75662, or by calling 903.984.8641. The deadline for RFQ submission is 5:00 p.m., Friday, January 31, 2003.

TRD-200208588

Glynn Knight

Executive Director

East Texas Council of Governments

Filed: December 31, 2002


Texas Education Agency

Request for Applications Concerning Texas 21st Century Community Learning Centers Cycle 1 Grant Program

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-02-035 from local educational agencies (LEAs), including public school districts, open- enrollment charter schools, and regional education service centers; community-based organizations (CBOs); other public or private entities, non-profit or for profit; or a consortium of two or more agencies, organizations, or entities to establish or expand community learning centers. A shared service arrangement of two or more LEAs is also eligible to apply.

An application must designate the specific campus(es) that meet the eligibility requirements of the grant in order to determine the students and families to be served in the 21st Century Community Learning Center. Each application submitted will be limited to not more than five community learning centers.

Description. The purpose of the Texas 21st Century Community Learning Centers Cycle 1 grant program is to provide opportunities for communities to establish or expand activities in community learning centers that: (1) provide opportunities for academic enrichment, including providing tutorial services to help children, particularly students who attend low-performing schools, to meet state and local student academic achievement standards in core academic subjects, such as reading and mathematics; (2) offer students a broad array of additional services, programs, and activities such as youth development activities; drug and violence prevention programs; counseling programs; art, music, and physical education and fitness programs; and technology education programs that are designed to reinforce and complement the regular academic programs of participating students; and (3) offer families of students served by community learning centers opportunities for literacy and related educational development. Program services must be offered only when schools are not in session (before or after school, during holidays, or during summer recess). Centers can be located in elementary or secondary schools or other similarly accessible facilities. The program must be carried out in active collaboration with the schools the students attend. Applications must provide for partnerships between a LEA, a CBO, and other public or private organizations, if appropriate.

Dates of Project. Applicants should plan for a starting date of no earlier than May 1, 2003, and an ending date of no later than May 31, 2004.

Project Amount. A total of $22,832,618 is available for funding approximately 60 to 80 grants during the summer of 2002 and during the 2003-2004 school year. The grant request may not be less than $50,000 or greater than $175,000 per center, not exceeding $875,000 for a total of five centers. Each community learning center may serve students on more than one campus, but a campus may be served through only one community learning center. Project funding in the second and third years will be based on satisfactory progress of the first- and second-year objectives and activities, respectively, on general budget approval by the U. S. Congress, the number of centers established, the number of students and campuses served by each center, and on the activities to be implemented during out-of-school time throughout the grant period. This project is funded 100% from CFDA #84.287C federal funds.

Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each statutory requirement as specified in the RFA to be considered for funding. The TEA will not award a grant to an application receiving an average score of below 70. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA and that are most advantageous to the project. The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit the TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate the TEA to award a grant or pay any costs incurred in preparing a response.

Applicants' Conference. Prospective applicants will be provided an opportunity to receive general and clarifying information from the TEA about the scope of the Texas 21st Century Community Learning Centers, Cycle 1 grant program on Wednesday, February 5, 2003, from 1:00 p.m. until 4:00 p.m. on the Texas Educational Telecommunication Network (TETN) available at each regional education service center and some of the larger school districts. The conference will be both videotaped and scripted. Pre-conference questions may be sent to gkidwell@tea.state.tx.us prior to January 31, 2003. Each person attending will be required to sign a register setting out the representative's name, the applicant organization represented and its name, address, and telephone number. Prospective applicants who are not able to attend the applicants' conference may request a copy of the videotape at no charge from the Division of Curriculum and Professional Development of the TEA.

Requests for Additional Information. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any additional information that is different from or is in addition to information provided in the RFA or at the applicants' conference will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be provided to each person or entity to which a RFA has been sent or downloaded from the Grants Administration website. Unless otherwise noted, all inquiries for information must be made in writing to the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701-1494. The RFA number, located in the lower right corner of the front cover of this RFA, must be identified in the written request for information.

Requesting the Application. A complete copy of RFA #701-02-035 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and telephone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi for viewing and downloading.

Further Information. For clarifying information about the RFA, contact Geraldine Kidwell, Division of Curriculum and Professional Development, TEA, (512) 463-9581.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday, April 1, 2003, to be considered for funding.

TRD-200208590

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: December 31, 2002


Texas Commission on Environmental Quality

Notice of Availability and Requests for Comments

The Texas Commission on Environmental Quality (TCEQ) is providing an opportunity for public comment and will conduct a public meeting to receive testimony concerning the proposed amendments to the standard permit for concrete batch plants proposed for issuance under the Texas Clean Air Act, Texas Health and Safety Code, §382.05195, and Texas Administrative Code (TAC), Chapter 116, Subchapter F.

PROPOSED AMENDED STANDARD PERMIT

The proposed amendments to the standard permit for concrete batch plants are applicable to an owner or operator of a temporary concrete plant that has been previously registered with the commission for this standard permit, supplies concrete to a public works project, and is located in or adjacent to the public right-of-way. In lieu of the current registration requirement, these temporary facilities will be required to notify the appropriate regional office in writing at least 30 calendar days prior to locating at the site. General requirements concerning distance limits, emission limits, control requirements, and recordkeeping have not changed.

The New Source Review Program under Chapter 116 requires any person who plans to construct any new facility or to engage in the modification of any existing facility which may emit air contaminants into the air of the state to obtain a permit in accordance with §116.111, or satisfy the conditions of a standard permit, a flexible permit, or a permit by rule before any actual work is begun on the facility. A standard permit authorizes the construction or modification of new or existing facilities which are similar in terms of operations, processes, and emissions.

An amendment to a standard permit is subject to the procedural requirements of §116.605, which includes a 30-day public comment period and a public meeting to provide an additional opportunity for public comment. Any person who may be affected by the emission of air pollutants from facilities that may be registered under the standard permit is entitled to submit written or verbal comments regarding the proposed standard permit.

PUBLIC MEETING

A public meeting on the standard permit for concrete batch plants will be held in Austin, Texas. The meeting will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion with the audience will not occur during the meeting; however, TCEQ staff will be available to discuss the standard permit for concrete batch plants 30 minutes prior to the meeting and staff will also answer questions after the meeting. The public meeting will be held on February 13, 2003 at 10:00 a.m., at the Texas Commission on Environmental Quality in Building E, Room 254S, 12100 Park 35 Circle, Austin.

PUBLIC COMMENT AND INFORMATION

Copies of the standard permit for concrete batch plants may be obtained from the TCEQ Web site at http://www.tnrcc.state.tx.us/permitting/airperm/nsr_permits/files/amendcbp.pdf or by contacting the Texas Commission on Environmental Quality, Office of Permitting, Remediation, and Registration, Air Permits Division, at (512) 239-1240. Comments may be mailed to Blake Stewart, Texas Commission on Environmental Quality, Office of Permitting, Remediation, and Registration, Air Permits Division, MC 163, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1070. All comments should reference the standard permit for concrete batch plants. Comments must be received by 5:00 p.m. on February 13, 2003. To inquire about the submittal of comments or for further information, contact Mr. Stewart at (512) 239-6931.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-1240. Requests should be made as far in advance as possible.

TRD-200208581

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: December 31, 2002


Notice of Comment Period and Announcement of Public Meeting on Draft Standard Permit for Hot Mix Asphalt Plants

The Texas Commission on Environmental Quality (TCEQ) is providing an opportunity for public comment and will conduct a public meeting to receive testimony concerning a draft standard permit for hot mix asphalt plants proposed for issuance under the Texas Clean Air Act, Texas Health and Safety Code, §382.05195, and Texas Administrative Code (TAC), Chapter 116, Subchapter F.

DRAFT STANDARD PERMIT

The draft standard permit for hot mix asphalt plants is applicable to those facilities and associated equipment which produce standard hot mix asphalt, asphalt mixes made with performance grade binders, asphalt mixes made with crumb rubber, and pre-coat aggregate; and for which throughput is limited to no more than 400 tons per hour. General requirements concerning distance limits, emission limits, control requirements, notification, registration requirements, and recordkeeping are contained in the standard permit.

The New Source Review Program under Chapter 116 requires any person who plans to construct any new facility, or to engage in the modification of any existing facility which may emit air contaminants into the air of the state, to obtain a permit in accordance with §116.111, or satisfy the conditions of a standard permit, a flexible permit, or a permit by rule before any actual work is begun on the facility. A standard permit authorizes the construction or modification of new or existing facilities which are similar in terms of operations, processes, and emissions.

A draft standard permit is subject to the procedural requirements of §116.603, which includes a 30-day public comment period and a public meeting to provide an additional opportunity for public comment. Any person who may be affected by the emission of air pollutants from facilities that may be registered under the standard permit is entitled to submit written or verbal comments regarding the proposed standard permit.

PUBLIC MEETING

A public meeting on the draft standard permit for hot mix asphalt plants will be held in Austin. The meeting will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion with the audience will not occur during the meeting; however, TCEQ staff will be available to discuss the draft standard permit for hot mix asphalt plants 30 minutes prior to the meeting and staff will also answer questions after the meeting. The public meeting will be held on February 13, 2003 at 1:30 p.m., at the Texas Commission on Environmental Quality, Building E, Room 254S, 12100 Park 35 Circle, Austin, Texas.

PUBLIC COMMENT AND INFORMATION

Copies of the draft standard permit for hot mix asphalt plants may be obtained from the TCEQ Web site at http://www.tnrcc.state.tx.us/permitting/airperm/nsr_permits/files/prophmap.pdf or by contacting the Texas Commission on Environmental Quality, Office of Permitting, Remediation, and Registration, Air Permits Division at (512) 239-1240. Comments may be mailed to Blake Stewart, Texas Commission on Environmental Quality, Office of Permitting, Remediation, and Registration, Air Permits Division, MC 163, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1070. All comments should reference the draft standard permit for hot mix asphalt plants. Comments must be received by 5:00 p.m. on February 13, 2003. To inquire about the submittal of comments or for further information, contact Mr. Stewart at (512) 239-6931.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-1240. Requests should be made as far in advance as possible.

TRD-200208583

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: December 31, 2002


Notice of Intent to Take No Further Action at the Barlow's Wills Point Proposed State Superfund Site and to Delete the Site from the State Registry

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this public notice of intent to take no further action at the Barlow's Wills Point Proposed State Superfund site (the Site) and to delete the Site from its proposed-for-listing status on the state registry. This is a list of state Superfund sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The commission is proposing this deletion because the ED has determined that due to removal and remedial actions that have been performed, the Site no longer presents such an endangerment. This combined notice was also published in the legal notice sections of the Canton Herald and Edgewood Enterprise on January 9, 2003, and in the Wills Point Chronicle on January 10, 2003.

The Site was proposed for listing on the state registry in the November 12, 1996 edition of the Texas Register (21 TexReg 11126). The Site, including all land, structures, appurtenances, and other improvements, is located in an unincorporated area of Van Zandt County, Texas on the south side of US Highway 80, 3.4 miles east of the intersection of US Highway 80 and State Highway 64 in Wills Point, Texas. The Site was operated as an electroplating facility from April 1987 to March 1990. In March 1990, the Site was abandoned. The Site was investigated under the state Superfund program. The investigation indicated an area of nickel contaminated soil and detectible nickel concentrations from wipe samples collected from the slab of the on-site building. No contamination was detected in the groundwater. The contaminated soil was removed to meet residential clean-up criteria established by 30 Texas Administrative Code (TAC), Chapter 350 (Texas Risk Reduction Program, TRRP). The slab was decontaminated using the established method of pressure washing with water. The subsurface of the concrete building foundation contains nickel above the protective concentration levels required for residential property. To prevent exposure to such levels of this chemical of concern, the integrity of the concrete building foundation on the property must not be disturbed.

In accordance with Texas Health and Safety Code, §361.190 and TRRP, §350.335, no person may take any action to substantially change the manner in which this property is used without first notifying the ED of the TCEQ and receiving written approval for the change. The notice must be in writing, addressed to the ED, sent by certified mail (return receipt requested), and include a brief description of the proposed change in use. A deed notice was placed in the Van Zandt County records to provide information of this requirement.

As a result of the removal and remedial actions that have been performed at the Site, the ED has determined that the Site no longer presents an imminent and substantial endangerment to public health and safety and the environment. Therefore, no further remedial action is necessary at the Site and the Site is eligible for deletion from the state registry as provided by 30 TAC §335.344(c).

The commission will hold a public meeting to receive comment on the proposed deletion of the Site and the determination to take no further action. This public meeting will be legislative in nature and is not a contested case hearing under Texas Government Code, Chapter 2001. The public meeting is scheduled for 7:00 p.m. on Thursday, February 20, 2003, in Council Chambers of Wills Point City Hall, 120 North 5th Street, Wills Point, Texas. After comments from the meeting are received, monitoring wells installed to investigate the groundwater will be plugged and abandoned in accordance with applicable TCEQ guidelines. The fence that was installed as part of the investigation will be left in place. The lock on the gate of the fence will be removed. Following a deletion from the Superfund registry, responsibility for maintenance of the Site reverts back to the Site owner.

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., February 20, 2003. Comments should be sent in writing to Mr. Dan Switek, Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC-143, P. O. Box 13087, Austin, Texas 78711-3087, or by facsimile to (512) 239-2450. The public comment period for this action will end at the close of the public meeting on February 20, 2003.

A portion of the record for this Site, including documents pertinent to the proposed deletion of the Site, is available for review during regular business hours at the Van Zandt County Library, 317 First Monday Lane, Canton, Texas, telephone number (903) 567-4276. Copies of the complete public record file may be obtained during business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, 12100 Park 35 Circle, MC-199, Austin, Texas 78753, telephone number (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Handicapped parking is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

For further information regarding this meeting on the Site, please call Mr. Bruce McAnally, Texas Commission on Environmental Quality Community Relations, at (800) 633-9363.

TRD-200208582

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 31, 2002


Notice of Opportunity to Comment on a Default Order of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Order (DO). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director (ED) of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 3, 2003 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 3, 2003 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DO and/or the comment procedure at the listed phone numbers; however, comments on the DO should be submitted to the commission in writing .

(1) COMPANY: Beltway Express, Inc. dba Beltway Express Food Mart; DOCKET NUMBER: 2001-0347-PST-E; TCEQ ID NUMBER: 74225; LOCATION: 11002 South Sam Houston Parkway, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.245(1) and Texas Health and Safety Code (THSC), §382.085(b), by failing to successfully perform the initial compliance test for stage II vapor recovery equipment; 30 TAC §115.246(7) and THSC, §382.085(b), by failing to maintain and make available the stage II records for the vapor recovery equipment installed at the station; 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one station representative received training and instruction in the operation and maintenance of stage II vapor recovery systems; 30 TAC §334.7, by failing to register its underground storage tanks (USTs) with the agency on authorized agency forms; PENALTY: $5,000; STAFF ATTORNEY: Kelly W. Mego, Litigation Division, MC R- 12, (713) 422-8916; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200208510

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 23, 2002


Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 3, 2003 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 3, 2003 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1) COMPANY: BP Products North America, Inc.; DOCKET NUMBERS: 2001-0329-AIR-E and 2001-1088-AIR-E; TCEQ ID NUMBER: GB-0004-L; LOCATION: 2401 5th Avenue South, Texas City, Galveston County, Texas; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §§101.4, 112.31, and 112.32, and Texas Health and Safety Code (THSC), §382.085(a) and (b), by discharging one or more air contaminants in such concentration and of such duration as are or may tend to be injurious to human health or welfare; 30 TAC §101.20(1), 40 Code of Federal Regulations (CFR), §60.105(a)(4), and THSC, §382.085(b), by failing to continuously monitor the fuel gas; 30 TAC §101.20(1), 40 CFR §60.13(a), and THSC, §382.085(b), by failing to include cylinder gases certified valves in the continuous emission monitoring systems report; 30 TAC §115.112(a)(2)(A) and THSC, §3822.085(b), by failing to close the sampling hatch; 30 TAC §115.131(a) and THSC, §382.085(b), by failing to control emissions from the Pipestill 3A water separator during a maintenance activity; 30 TAC §101.6(a)(2)(F), §101.6(b)(5) and (6) and THSC, §382.085(b), by failing to include all the required information in the initial notification and final report for the upset; THSC, §382.085(a), by failing to prevent unauthorized emissions resulting from a corroded pipeline rupture; 30 TAC §101.6(a) and THSC, §382.085(b), by failing to report a reportable upset within 24 hours of discovery; 30 TAC §116.115(c), Permit Number 8810, Special Condition 4, and THSC, §382.085(b), by exceeding the allowable hourly emission rate; 30 TAC §101.6(a)(2)(F), §101.6(b)(6), and THSC, §382.085(b), by failing to include an estimate of the catalyst emissions in the initial and final reports; 30 TAC §§101.4, 101.20, 111.111(a)(1)(B), and 116.115(c), Permit Number 2384, Special Conditions 1 and 7, and THSC, §382.085(a) and (b), by failing to control excess opacity and catalyst emissions from an upset resulting in nuisance conditions; PENALTY: $225,000; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239- 2548; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Flat Creek Cove Water Supply; DOCKET NUMBER: 2002-1358-PWS-E; TCEQ ID NUMBER: 16568; LOCATION: FM 315 on the west side of Lake Palestine, Henderson County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(c)(2) and §290.109(g), and THSC §341.033(d) by failing to collect and submit routine monthly bacteriological samples and failing to provide notice of the sampling deficiencies; 30 TAC § 290.109(c)(3) and §290.109(g), by failing to collect and submit the appropriate number of repeat bacteriological samples following coliform-positive sample results and failing to provide notice of the failure to conduct the repeat sampling; § 290.51(a) by failing to pay the public health service fees; PENALTY: $1,400; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239- 6201; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(3) COMPANY: Hadeel Corporation dba H and H Food Mart Texaco; DOCKET NUMBER: 2002-0047-PST-E; TCEQ ID NUMBER: 05593; LOCATION: 5001 Trail Lake Drive, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to perform the annual pressure decay test; 30 TAC § 115.242(4) and (5), and THSC, § 382.085(b), by failing to repair or replace leaking Stage II vapor recovery equipment; 30 TAC §334.21, by failing to pay the underground storage tank (UST) registration annual fee for fiscal year 2000; PENALTY: $2500; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76118-6951, (817) 588- 5800.

(4) COMPANY: Samuel Holcomb dba Holcomb Oil Recycling; DOCKET NUMBER: 2002- 1049-MSW-E; TCEQ ID NUMBER: A85038; LOCATION: 6228 Osprey, Houston, Harris County, Texas; TYPE OF FACILITY: oil recycling; RULES VIOLATED: 30 TAC §324.22 and §37.2015, by failing to demonstrate the soil remediation financial assurance required for used oil handlers; PENALTY: $400; STAFF ATTORNEY: Diana Grawitch, Litigation Division, MC 175, (512) 239- 0939; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200208509

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 23, 2002


Office of the Governor

Request for Grant Applications (RFA) for Rural Domestic Violence and Child Victimization Enforcement Grant Program

The Criminal Justice Division (CJD) of the Governor's Office is soliciting applications from local rural projects that enhance the safety of victims of domestic violence, dating violence, and child abuse under the fiscal year 2004 grant cycle.

Purpose: The primary purpose of the Rural Program is to enhance the safety of victims of domestic violence, dating violence, and child abuse by supporting projects uniquely designed to address and prevent these crimes.

Available Funding: Federal funding is authorized under the Victims of Trafficking and Violent Prevention Act of 2000; Omnibus Crime Control and Safe Streets Act of 1968, as amended, §1001, 42 U.S.C. §13971 and §3796bb(b). All grants awarded from this fund must comply with the requirements contained therein.

Standards: Grantees must comply with the applicable grant management standards adopted under Texas Administrative Code §3.19, which are hereby adopted by reference. In addition, projects must comply with one or more of the following statutory purpose areas: (1) implement, expand, and establish cooperative efforts and project between law enforcement officers, prosecutors, victim advocacy groups, and other related parties to investigate and prosecute incidents of domestic violence, dating violence, and child abuse; (2) provide treatment, counseling and assistance to victims of domestic violence, dating violence, and child abuse, including immigration matters; and (3) work in cooperation with the community to develop education and prevention strategies directed toward such issues

Prohibitions: Grantees may not use grant funds or program income for proselytizing or sectarian worship.

Eligible Applicants: (1) native American tribal governments; (2) rural counties; (3) cities in rural counties; (4) non-profit corporations located in rural counties; (5) faith-based organizations located in rural counties. Faith-based organizations must be tax-exempt nonprofit entities as certified by the Internal Revenue Service. Rural counties is defined as counties with 52 or less people per square mile.

Project Period: The award period for these grants will be 24 months.

Application Process: Interested parties can access the Federal Application Kit through the Office on Violence Against Women web site address located at http://www.ojp.usdoj.gov/vawo/applicationkits.htm

Closing Date for Receipt of Applications: All applications must be submitted directly to CJD via fascimile at (512) 475-2440, or by mail at P.O. Box 12428, Austin, Texas 78711-2428, and must be received by CJD by 10:00 a.m. , Wednesday, January 15, 2003.

Selection Process: Completed applications will be reviewed for eligibility and cost effectiveness by CJD and rated competitively by a committee selected by the director of CJD. One or more applications will then be sent on to the Office on Violence Against Women, Office of Justice Programs, U.S. Department of Justice, for final funding decisions.

Contact Person: If additional information is needed, contact Angie Martin at CJD at (512) 463-1884.

TRD-200208531

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: December 23, 2002


Texas Groundwater Protection Committee

Correction of Error

The Texas Commission on Environmental Quality (TCEQ) on behalf of the Texas Groundwater Protection Committee (TGPC) published a Notice of Public Comment Opportunity on the Draft Texas State Groundwater Protection Strategy. The notice, which appeared in the December 13, 2002, Texas Register (27 TexReg 11836), should have been under the heading for the Texas Groundwater Protection Committee rather than the Texas Commission on Environmental Quality.

On page 11836, in the paragraph entitled How to Obtain a Copy there is an incorrect web site address. The correct address is http://www.tnrcc.state.tx.us/admin/topdoc/as/188.pdf

TRD-200300007


Texas Department of Health

Correction of Error

The Texas Department of Health (department) adopted final rules under 25 TAC Chapter 297, Indoor Air Quality, (TRD-200207978), which were published in the Texas Register December 13, 2002, (27 TexReg 11759).

Corrections are necessary for clarification and due to department errors.

On page 11759, the preamble states that §297.1 was adopted without changes. But, in the proposed rules published in the August 9, 2002 issue of the Texas Register , on page 7022, there was an error in §297.1(b), the 2nd sentence should state "...extend from the floor..." instead of "...extend from the door...".

The first paragraph of the preamble should state that §297.1 is adopted with changes as follows.

The Texas Department of Health (department) adopts the repeal of existing§§297.1-297.6, and adopts new §§297.1-297.10, concerning voluntary guidelines for indoor air quality (IAQ) in government buildings. Sections 297.1, and 297.3- 297.10 are adopted with changes to the proposed text as published in the August 9, 2002 issue of the Texas Register (27 TexReg7022). New §297.2 and the repeal of §§297.1-297.6 are adopted without changes, and the sections will not be republished in the Texas Register .

On page 11767, §297.4(b)(11), the 2nd sentence should state "...discarded to avoid the potential..." instead of "...discarded to avoid to potential...".

On page 11769,§297.5(g)(5), the 4th sentence should begin with "Additional..." instead of "Addition...".

On page 11772, §297.8(b)(1), the 3rd sentence should state "The references in subsection (b) of this section..." instead of "The references in subsection (6) of this section...".

On page 11772, §297.8(b)(3) should state "...milligrams per cubic meter (mg/m 3 )..." instead of "...milligrams per cubic meter (mg/m 3 )...".

On page 11826-11827, Table 1., Figure 25 TAC §297.8(b)(4), re: Fungi, Comfort/Health Effects column, "...(i.e., aches, fever, fatigue, and central nervous system problems). The word "system" was inserted after "nervous". In the MRL Guidelines column, "...<60% (preferably 50%) year round" was corrected to "...<60% (preferably <50%) year round".

On page 11828, Table 1., Figure 25 TAC §297.8(b)(4), re: Pesticides, Comfort/Health Effects column, the spelling of "organophophorus" was corrected to "organophosphorus". In the MRL Guidelines column, Chloropyrifos 0.002 mg/m3 and Dursban 0.002 mg/m3 were deleted as being individually listed and have been combined as Chlorpyrifos (Dursban) 0.002 mg/m3. In the Comments column, the spelling of "diedrin" was corrected to "dieldrin", and "Chloropyrifos" was corrected to "Chlorpyrifos".

On page 11829,Table 1., Figure 25 TAC §297.8(b)(4), re: Volatile Organic Compounds, MRL Guidelines column, "Alkanes C4-C16..." was corrected to "Alkanes C 4 -C 16 ...", and "Alkanes C16" was corrected to Alkanes C 16 ...". In the Comments column, "...greater than 0.5 mg/m 3 ..." was corrected to "...greater than 0.5 mg/m 3 ...".

On page 11830, Table 1., Figure 25 TAC §297.8(b)(4), re: Footnotes under Table (1), "ppm = parts of contaminants per parts of air..." was corrected to "ppm = parts of contaminant per million parts of air...".

Figure: 25 TAC §297.8(b)(4)

TRD-200300002


Houston-Galveston Area Council

Public Notice

Notification of Extension of Public Comment Period for Amendment #190 to the 2002-2004 Transportation Improvement Program (TIP)

A public meeting was held at the Houston-Galveston Area Council (H-GAC) on Tuesday, December 16, 2002 to discuss proposed amendments to the 2002-2004 TIP. Based on the public comments received at the meeting, H-GAC is extending the public comment period for proposed amendment #190 to February 5, 2003.

This amendment would allow the Texas Department of Transportation (TxDOT) to begin right-of-way activities including right-of-way mapping and acquisition, utilities adjustments and relocation assistance for various roadway projects included in the 2022 Metropolitan Transportation Plan (MTP). Each project is shown with $1 of federal funding. The actual funding for the projects will be determined as project development progresses. This action simply allows TxDOT the ability to engage in right-of-way activities for the projects listed in the amendment.

To obtain a copy of the proposed amendment, please visit H-GAC's Web site at www.hgac.cog.tx.us/transportation/index.html, or call Pat Waskowiak, Transportation Senior Planner, at (713) 993-2456. Written comments may be submitted to Pat Waskowiak, Houston-Galveston Area Council, P.O. Box 22777, Houston, Texas 77227, emailed to pwaskowiak@hgac.cog.tx.us or faxed to (713) 993-4508.

TRD-200208563

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: December 30, 2002


Texas Department of Insurance

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Nationwide General Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting flex percentages from benchmark to +93 by coverage, class, and territory. The overall rate change is +17%.

Copies of the filing may be obtained by contacting the Texas Department of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 475-3017.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by January 23, 2003.

TRD-200208555

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: December 27, 2002


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Nationwide Mutual Fire Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting flex percentages from benchmark to +79 by coverage, class, and territory. The overall rate change is +7.4%.

Copies of the filing may be obtained by contacting the Texas Department of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 475-3017.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by January 23, 2003.

TRD-200208556

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: December 27, 2002


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Nationwide Mutual Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting various flex percentages from benchmark to +99 by coverage, class, and territory. The overall rate change is +6.8.

Copies of the filing may be obtained by contacting the Texas Department of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 475-3017.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by January 23, 2003.

TRD-200208557

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: December 27, 2002


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Nationwide Property and Casualty Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting flex percentages from benchmark to +99 by coverage, class, and territory. The overall rate change is +7.6%.

Copies of the filing may be obtained by contacting the Texas Department of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 475-3017.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by January 23, 2003.

TRD-200208558

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: December 27, 2002


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by The Fidelity and Casualty Company of New York proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the flex percentage of 80% by coverage and territory for all classes. The overall rate change is +20%.

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by January 22, 2003.

TRD-200208564

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: December 30, 2002


Texas Department of Mental Health and Mental Retardation

Notice Announcing Pre-Application Orientation (PAO) for Enrollment of Medicaid Waiver Program Providers

The Texas Department of Mental Health and Mental Retardation (TDMHMR), pursuant to 25 TAC §419.704, will hold a Pre-Application Orientation (PAO) for persons seeking to participate as a program provider in the Home and Community-Based Services (HCS), Home and Community-Based Services-OBRA (HCS-O), or Mental Retardation Local Authority (MRLA) program.

The PAO will be held at 8:30 a.m., Monday, April 14, 2003, in Austin, Texas. Persons wanting to attend the PAO must request a registration form by letter or by fax. Requests should be addressed to Bill Fordyce, Enrollment/Sanctions Manager, Medicaid Administration, TDMHMR, PO Box 12668, Austin, Texas 78711-2668. The fax number is (512) 206-5725.

Upon receipt of a written request, TDMHMR will provide the applicant with information regarding the provider application enrollment processes and a registration form to the requestor. Completed registration forms must be returned to TDMHMR no later than 5:00 p.m., Tuesday, March 11, 2003. Written requests for a registration form received by TDMHMR after Monday, March 3, 2003, may not be timely enough to meet the March 11, 2003, registration form return date. If the registration form is not returned to TDMHMR by March 11, 2003, the form is invalid and the applicant will be required to reapply when the next PAO is announced.

Persons requiring an interpreter for the deaf or hearing impaired or other accommodation should contact Helen Rayner by calling (512) 206-5249 or the TTY phone number of Texas Relay, which is 1-800-735-2988, at least 72 hours prior to the PAO. You may also contact Helen Rayner for additional information concerning the PAO.

TRD-200300005

Andrew Hardin

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: January 2, 2003


Public Utility Commission of Texas

Notice of Amendment to Interconnection Agreement

On December 20, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and AT&T Communications of Texas, LP, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27146. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission of Texas (commission) offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 3 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 27146. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 22, 2003, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to the commission's Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 27146.

TRD-200208585

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 31, 2002


Notice of Application for Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on December 20, 2002, to construct a transmission line and substation in southern Denton County, Texas.

Docket Style and Number: Application of Brazos Electric Cooperative for a Certificate of Convenience and Necessity for Proposed Transmission Line in Denton County. Docket No. 27144.

The Application: Brazos Electric Power Cooperative, Inc. (BEPC), the wholesale power provider for CoServ Electric (CoServ), gives notice of its intent to obtain a Certificate of Convenience and Necessity to design and construct a single-pole double circuit 138-kV transmission line and substation in southern Denton County, Texas. The Cross Timbers substation will be a 138-kV distribution substation. The substation will be fed by a double circuit 138-kV transmission line and will provide distribution power through two 138/25-kV 50 MVA substation transformers. Approximately 4 to 5 acres are required for construction of the substation; however, additional property (15-20 acres) may be acquired for future transmission improvements. The proposed transmission line will be approximately 4 miles in length. The estimated cost of the proposed project is $8,082,900.

BEPC’s preferred route (route 2, site 4: M’-K-H) will begin at a newly constructed substation (Cross Timbers) located approximately 0.5 miles east of the intersection of Hwy. 377 and FM 1171 within the Town of Flower Mound, Texas. The proposed substation will be sited north of FM 1171 in the general proximity whereupon Texas Municipal Power Agency’s (TMPA) 345-kV transmission line intersects Oncor Energy’s (Oncor) NW Carrollton- Roanoke 345-kV transmission line. From this point, BEPC’s proposed 138-kV transmission line will proceed southwest for approximately 4.0 miles paralleling Oncor’s existing NW Carrolton- Roanoke 345-kV transmission line terminating at a point south of State Highway 114; whereupon, Brazos Electric will tap its existing Roanoke- IBM transmission line

The deadline for intervention in this proceeding is February 3, 2003. Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1- 888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 27144.

TRD-200208580

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 30, 2002


Notice of Application for Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on December 20, 2002, to construct a transmission line in Jefferson, Liberty, Harris, and Montgomery Counties.

Docket Style and Number: Application of Entergy Gulf States, Inc. for a Certificate of Convenience and Necessity for Proposed Transmission Line in Jefferson, Liberty, Harris, and Montgomery Counties. Docket No. 27145.

The Application: Entergy Gulf States, Inc. (EGSI) gives notice of its intent to obtain a Certificate of Convenience and Necessity to install, on existing right-of-way, a double circuit 230-kV transmission line which would traverse Jefferson, Liberty, Harris and Montgomery Counties and install, on property owned by EGSI, a new substation in Montgomery County, Texas.

EGSI stated in its application that rapid growth in the above-named counties has pushed existing electric facilities to their limits, and this project is designed to ensure adequate and reliable service for the affected area in the future. The estimated cost of the project is approximately $40 million.

Description of Preferred Route: The previously certificated route (PCR) exits the China Substation to the west as a single-circuit line, goes approximately 0.2 mile, turns and continues south, crossing U.S. Highway 90 (US 90), for approximately 2.6 miles to the intersection of the right-of-way (ROW) of two 138-kV transmission lines (Lines 88 and 424). The PCR turns west and continues on the south side of the existing ROW for 31.4 miles to a point just east of the Dayton Substation. In this section, Line 88 would be rebuilt as a double circuit with the 230-kV PCR. From approximately 0.3 mile east of the Dayton substation, the PCR continues southwesterly, turns to the west, crosses State Highway 146 (SH 146), and turns to the northwest where it crosses to the north side of the transmission line corridor for 138-kV Lines 86 and 10 (a distance of approximately 1.9 miles). From the intersection with the Line 86 and Line 10 ROW, the PCR will be constructed as a double-circuit line, with Line 86 rebuilt as the second circuit. This double-circuit segment will continue for approximately 2.8 miles to the west-southwest. The PCR then turns northwest and continues as a single-circuit line for approximately 13.4 miles, paralleling Line 86 on the north side of the existing ROW. The PCR then crosses to the south side of the ROW and continues as a single circuit on the south side of the existing ROW parallel to a double-circuit transmission line (Lines 586 and 571) northwest to the Porter Substation, a distance of approximately 12.3 miles. The total length of the PCR is approximately 64.6 miles.

The deadline for intervention in this proceeding is February 4, 2003. Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1- 888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 27145.

TRD-200208578

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 30, 2002


Notice of Application for Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on December 27, 2002, to construct a transmission line Bell County, Texas.

Docket Style and Number: Application of Oncor Electric Delivery Company for a Certificate of Convenience and Necessity for Proposed Transmission Line in Bell County. Docket Number 27173.

The Application: Oncor Electric Delivery Company (Oncor) gives notice of Oncor’s intent to obtain a Certificate of Convenience and Necessity to construct a double circuit 138-kV transmission line in Bell County, Texas. The name of this project is the Temple Pecan Creek to Temple North 138-kV Transmission Line Project.

Preferred Transmission Line Route (Route 2): The preferred transmission line route (Route 2) begins at the proposed Oncor Temple Pecan Creek Switching Station to be located north of FM 438 and approximately 3,750 feet west of Apple Cider Road, in Bell County, Texas. The new transmission line route will exit the proposed Temple Pecan Creek Switching Station and extend west, parallel and north of FM 438, for approximately 3,280 feet to an angle point located approximately 7,750 feet west of Apple Cider Road. From the angle point, the new transmission line route will proceed across FM 438 in a southwesterly direction for approximately 500 feet to an angle point located on the south side of FM 438 approximately 8,240 feet west of Apple Cider Road. From the angle point, the new transmission line route will proceed in a westerly direction for approximately 2,200 feet to an angle point located approximately 400 feet west of the intersection of East Bottoms Road and Bottoms Road. This segment of the new transmission line route will parallel the south side of FM 438, cross FM 438 then cross East Bottoms Road twice and proceed west to the intersection with a Koch natural gas pipeline. From the angle point, the new transmission line route will proceed along the south side of the existing Koch pipeline in a south/southwesterly direction for approximately 750 feet to an angle point located approximately 1,000 feet west/southwest of the intersection of East Bottoms Road and Bottoms Road. From this angle point, the new transmission line route will proceed in a southwesterly direction, parallel and south of the same existing Koch pipeline, for approximately 6,100 feet to an angle point located approximately 2,250 feet south/southwest of the intersection of Cottonwood Creek Road and Gun Club Road. This segment of the new transmission line route will cross Cottonwood Creek Road. From this angle point, the new transmission line route will proceed in a west/northwesterly direction, parallel to and south of the same existing Koch pipeline, for approximately 5,000 feet to an angle point located approximately 550 feet east of an existing Oncor transmission line and approximately 1,400 feet east of the intersection of the Loop 363 and Lower Troy Road. This segment of the new transmission line route will cross Gun Club Road. From this angle point, the new transmission line route will parallel and be south of the same existing Koch pipeline proceeding in a southwesterly direction for approximately 650 feet to an angle point located at the intersection of the same Koch pipeline with an existing Oncor transmission line. From this angle point, the new transmission line route will parallel and be east of an existing Oncor transmission line, proceeding south/southeast for approximately 1,500 feet to an angle point located at its intersection with Loop 363, approximately one mile east/southeast of the intersection of Loop 363 and IH-35. From this angle point, the new transmission line route will parallel and be southeast of an existing Oncor transmission line and will cross Loop 363, proceeding southwest for approximately 500 feet to an angle point. From this angle point, the new transmission line route will proceed in a southerly direction for approximately 600 feet to an angle point located at the intersection of two existing Oncor transmission lines. The intersection of these two Oncor transmission lines is located approximately 2,800 feet south/southwest of the intersection of Loop 363 and Lower Troy Road. From the angle point, the new transmission line route will proceed in a westerly direction for approximately 1,600 feet to a slight angle point located immediately west of Lower Troy Road. This segment of the new transmission line route will cross the north/south Oncor transmission line, be south of and parallel to an existing east/west Oncor transmission line, and will cross Lower Troy Road. From the angle point, the new transmission line route will proceed in a westerly direction for approximately 2,300 feet to the point that it enters the Temple North Switching Station site. This segment of the new transmission line route will be south of and parallel to an existing Oncor transmission line. The estimated cost of this project is $22,418,894.

The deadline for intervention in this proceeding is February 10, 2003. Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1- 888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket No. 27173.

TRD-200208579

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 30, 2002


Public Notice of Amendment to Interconnection Agreement

On December 19, 2002, Dobson Cellular Systems, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supp. 2003) (PURA). The joint application has been designated Docket Number 27141. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 27141. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 22, 2003, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 27141.

TRD-200208527

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 23, 2002


Public Notice of Amendment to Interconnection Agreement

On December 19, 2002, AT&T Wireless Services, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supp. 2003) (PURA). The joint application has been designated Docket Number 27143. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 27143. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 22, 2003, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 27143.

TRD-200208529

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 23, 2002


Public Notice of Interconnection Agreement

On December 19, 2002, Bullseye Telecom, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supp. 2003) (PURA). The joint application has been designated Docket Number 27137. The joint application and the underlying interconnection agreement is available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 27137. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 22, 2003, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 27137.

TRD-200208523

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 23, 2002


Public Notice of Interconnection Agreement

On December 19, 2002, KMC Telecom V, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of adoption of existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA). The joint application has been designated Docket Number 27138. The joint application and the underlying interconnection agreement is available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 27138. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 22, 2003, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 27138.

TRD-200208524

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 23, 2002


Public Notice of Interconnection Agreement

On December 19, 2002, KMC Telecom III, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of adoption of existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA). The joint application has been designated Docket Number 27139. The joint application and the underlying interconnection agreement is available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 27139. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 22, 2003, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 27139.

TRD-200208525

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 23, 2002


Public Notice of Interconnection Agreement

On December 19, 2002, Texas RSA 8 Limited Partnership d/b/a Texas Cellular and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of adoption of existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA). The joint application has been designated Docket Number 27140. The joint application and the underlying interconnection agreement is available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 27140. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 22, 2003, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 27140.

TRD-200208526

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 23, 2002


Public Notice of Interconnection Agreement

On December 19, 2002, Delta Phones, Inc. and Verizon Southwest, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supp. 2003) (PURA). The joint application has been designated Docket Number 27142. The joint application and the underlying interconnection agreement is available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 27142. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 22, 2003, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 27142.

TRD-200208528

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 23, 2002


Public Notice of Request for Comments on Strawman Rule Regarding Competitive Energy Services

The staff of the Public Utility Commission of Texas (commission) will issue a strawman rule regarding competitive energy services on Monday, January 20, 2003 in Project Number 26418, PUC Rulemaking to Address Competitive Energy Services . The strawman rule will contain proposed amendments to the commission's substantive rules §25.341, relating to Definitions, and §25.343, relating to Competitive Energy Services.

A copy of the strawman proposal may be obtained from the commission's Central Records division, online at www.puc.state.tx.us/rules/rulemake/26418/26418.cfm, or through the commission's interchange system at www.puc.state.tx.us/interchange/index.cfm. The commission staff requests that interested persons submit comments on the strawman proposal by filing 16 copies with the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326 on or before Monday, February 10, 2003. Reply comments may be submitted on Tuesday, February 18, 2003. All responses should reference Project Number 26418.

Questions concerning the strawman proposal or this notice should be referred to Sally Talberg, Policy Development Division, at (512) 936-7006 or sally.talberg@puc.state.tx.us. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200208516

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 23, 2002


Public Notice of Workshop on Wholesale Market Design Issues in the Electric Reliability Council of Texas

The Public Utility Commission of Texas (commission) will hold a workshop on wholesale market design issues in the Electric Reliability Council of Texas (ERCOT), on Monday, January 13, 2003, beginning at 1:00 p.m. and Tuesday, January 14, 2003, beginning at 9:30 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 26376, Rulemaking Proceeding on Wholesale Market Design Issues in the Electric Reliability Council of Texas , has been established for this proceeding. This meeting will discuss the type of transmission congestion management system that ERCOT should use.

The commission expects to make available in Central Records under Project Number 26376 an agenda for the format of the workshop, seven days prior to the workshop.

Questions concerning the workshop or this notice should be directed to Eric S. Schubert, Senior Market Economist, Market Oversight Division, 512-936-7398, eric.schubert@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200208511

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 23, 2002


South East Texas Regional Planning Commission

Request for Qualifications for Regional Hazard Mitigation Plan

South East Texas Regional Planning Commission (SETRPC) is serving as the lead agency for collaboration among local Offices of Emergency Management in Hardin, Jefferson and Orange counties to compile a comprehensive regional plan that evaluates the nature, and extent of vulnerability of the tri-county region as it relates to natural hazards such as hurricanes, tornadoes, storms, high water, fire, drought, snow storms, wild land fires, etc and which complies with state and federal mitigation plan requirements within the established time frame. To achieve this objective, SETRPC is facilitating the procurement of a consultant to develop the South East Texas Regional Mitigation Plan (SETRMP).

Creating the SETRMP will consist of the following major tasks:

1) providing guidance, technical assistance and leadership to local jurisdictions to procure the data necessary for the hazard analysis, Annex P and mitigation Action Plan for their respective communities.

2) aggregating the individual local jurisdiction components into a comprehensive regional Hazard Mitigation Plan that is acceptable to the Federal Emergency Management Agency (FEMA) and the Texas Division of Emergency Management (DEM).

submitting the individual components and comprehensive South East Texas Regional Mitigation Plan to SETRPC in written and electronic format no later than 12:00 noon, CST, Wednesday, July 30, 2003.

Specific FEMA Requirements include:

The South East Texas Regional Mitigation Plan shall contain the following:

P-1. Identify local, state and federal legal authorities pertinent to the subject of the annex, in addition to those cited in the Basic Plan.

P-2. Include a purpose statement that describes the reason for development of the annex.

P-3. Define terms and explain acronyms and abbreviations used in the annex.

P-4. Include a situation statement related to the subject of the annex.

P-5. Include a list of assumptions that influence hazard mitigation operations.

P-6. Describe the mitigation process and pre and post-disaster operations of local hazard mitigation program.

P-7. Describe the purpose, desired composition, and organization of the local hazard mitigation team.

P-8. Describe the interaction and coordination between the local hazard mitigation team and the state hazard mitigation team.

P-9. Describe how local hazard analysis will be developed, maintained and distributed and how those who need access to it can obtain it.

P-10. Describe the relationship between the state and local hazard analysis and the uses of those documents.

P-11. Describe how the local Mitigation Action Plan will be developed, maintained, and distributed and how those who need access to it can obtain it.

P-12. Describe the relationship and consistency between the state and local hazard mitigation plans.

P-13. Describe the interaction and coordination between the local hazard mitigation team, the local hazard analysis, and the local hazard mitigation plan.

P-14. Describe and depict the organization of the local hazard mitigation team to include all agencies/organizations that provide representatives to them.

P-15. Identify by position the individual responsible to serve as the local mitigation coordinator.

P-16. Identify the specific mitigation tasks and responsibilities of the Hazard Mitigation Coordinator.

P-17. Identify the general mitigation tasks and responsibilities shared by all team members.

P-18. Assign responsibility for the development, annual review, update and distribution of the local Hazard Mitigation Action Plan.

P-19. Assign responsibility for the development, annual review, update, and distribution of the local Mitigation Action Plan.

P-20. Assign responsibility for coordinating with and assisting the state hazard mitigation team during post-disaster action.

P-21. Identify the lines of succession for the HMC and the HMT.

P-22. Identify the policies on reporting and the maintenance of records concerning mitigation actions.

P-23. Specify the individual(s) by position responsible for developing and maintaining the annex.

P-24. Identify references pertinent to the content of the annex.

P-25. Identify the current local Hazard Analysis.

P-26. Identify the current local Mitigation Action Plan.

P-27. Include a list of agencies assigned to the HMT.

P-28. Include a Hazard Mitigation Team Report format and instructions for filing the report.

P-29. Define area covered by mitigation action plan and explain relationship to area(s) covered by hazard analysis and emergency management plans.

P-30. Identify political sub-divisions within the area.

P-31. Identify river basis, watersheds, and reservoirs that affect area.

P-32. Include discussion of geography, population, industries, and trends concerning future population, economic growth, and land use/development in the area.

P-33. Identify communities designated for special consideration because of minority or economically disadvantaged populations. Explain state and/or federal designations for each identified community.

P-34. Identify date of current hazard analysis and explain scheduled review process.

P-35. Identify past emergencies and disasters affecting the area. List hazards, occurrence dates, and consequences.

P-36. Identify hazards (natural hazards and other hazards) that cause the area to be vulnerable and at risk and describe quantitative (in terms of existing and estimated numbers and types) vulnerability, risk and potential dollar loses from each identified hazard to the following:

P-36.01. People

P-36.02. Housing Units

P-36.03. Critical Facilities

P-36.04. Special Facilities

P-36.05. Infrastructure and Lifelines

P-36.06. Hazmat Facilities; and

P-36.07. Commercial Facilities

P-37. Identify membership and functions of Hazard Mitigation Team

P-38. Identify active public-private partnerships and discuss the opportunities provided and their participation in development, implementation and maintenance of the mitigation action plan and other activities to reduce vulnerabilities and risk in the area.

P-39. Describe actions to share information, invite active participation, and coordinate plan development, implementation and maintenance with neighboring local governments.

P-40. Describe public involvement and participation in the development and implementation of the mitigation action plan. Include explanation of how public comments were invited and provided.

P-41. Identify actions and methods used to inform, educate and involve the public in vulnerability and risk reduction activities.

P-42. Identify and assess the effectiveness of previously implemented mitigation measures and of current mitigation-related policies, plans, practices and programs to include the following:

P-42.01. Hazard Mitigation Grant Program (HMGP) projects

P-42.02. Public Assistance (PA) program projects

P-42.03. Corps of Engineers studies, plans and projects

P-42.04. Plans, studies, and projects that received federal funding from the Texas Water Development Board (TWDB)

P-42.05. Actions and projects that received federal funding from Project Impact (PI), the Pre-Disaster Mitigation (PDM) program, or annual Property Protection-Mitigation (PP-M) program

P-42.06. Current master drainage, and storm water management plans

P-42.07. Current comprehensive, and capital improvement plans

P-42.08. Current building and fire codes. Identify date and type of codes in use and describe inspection/permit process, number and qualifications of inspection/permit process, number and qualifications of inspectors, and number of building starts and inspections conducted during last twelve month period

P-42.09. Findings/results of Building Code Effectiveness Grading Report (BCEGS). Include date of report and score received.

P-42.10. Current floodplain management ordinance(s) court order(s). Identify dates adopted and explain inspection/permit process, numbers and qualifications of floodplain administrators and staff, number of inspections and permits approved and the number and an explanation for why permit variances were allowed during the last twelve month period; and

P-42.11. Community Assistance Visit (CAV) report(s), Flood Insurance Studies and other technical assistance reports/findings. Identify type and date of current floodplain maps, repetitive loss category, and participation in the Community Rating System (CRS).

P-43. Describe mitigation goals and long-term strategy. Explain relationship and conformance with state mitigation goals and strategies, and the National Flood Insurance Program (NFIP).

P-44. Identify a prioritized listing of proposed mitigation actions that are consistent with the local hazard analysis, and provide details concerning what benefits will be achieved, who will accomplish the action, estimated costs, how it will be funded and an implementation and work schedule.

P-45. Identify dates and documentation of approval, adoption and implementation maintenance commitment by authorized official(s) of all political jurisdictions that participated in the plan development process and are covered by the mitigation action plan.

P-46. Include requirements for conducting and reporting an annual review and updating the mitigation action plan at least every five years. Describe actions to involve the public in the plan update process.

P-47. Identify the mitigation action plan title, area covered, date adopted, and locations where current copies are available for review.

P-48. Identify the impact of emergencies and disasters that occurred during the year. Impact to floodplains, repetitive loss areas and an assessment of effectiveness of previous and on going mitigation measures.

P-49. Identify prioritized list of proposed mitigation actions from mitigation action plan and discuss implementation problems and recommended solutions.

P-50. Identify and discuss any new mitigation measures to be added to mitigation action plan.

P-51. Identify name, phone, fax and e-mail address of person(s) that conducted the review and date prepared and submitted to DEM.

Contact: Sue Landry, Regional Planner, SETRPC, 2210 Eastex Freeway, Beaumont, Texas 77703, slandry@setrpc.org , (409) 899-8444, extension 122.

Closing Dates: If your firm is interested and qualified to provide professional services to conduct the work necessary for the SETRMP, please contact Sue Landry via letter or e-mail addressed to Sue Landry, 2210 Eastex Freeway, Beaumont, Texas 77703 or slandry@setrpc.org . All responding firms will receive a complete Request for Qualifications package. Final proposals will be due by 12:00 noon, CST on Friday, January 24, 2003.

Proposals will be reviewed by a technical sub-committee based on Consultant Selection Criteria included in the Request for Qualifications package mailed to interested parties.

TRD-200208502

Chester Jourdan

Executive Director

South East Texas Regional Planning Commission

Filed: December 20, 2002


Texas Department of Transportation

Public Notice - Draft Environmental Impact Statement for State Highway 121T

In accordance with Title 43, Texas Administrative Code, §2.43(e)(4)(B), the Texas Department of Transportation (TxDOT) and the North Texas Tollway Authority (NTTA) are giving public notice of the availability of the Draft Environmental Impact Statement (DEIS) for the proposed construction of a new location roadway in the City of Fort Worth, Tarrant County, Texas. The public will have 45 days following publication of this notice to submit comments.

The proposed project, known as State Highway (SH) 121T, CSJ: 0504-02-008 and 0504-02-013, consists of the construction of an approximately 15-mile long multi-lane controlled access highway extending from Interstate Highway (IH) 30 south to Farm-to-Market Road (FM) 1187. Four alternatives (referred to as the Red, Green, Blue, and Yellow) were set forth in 1988. Since that time, based on public involvement, four alternatives (referred to as A, B, C, and D) have been developed. The A, B, C, D and the no-build alternatives are presented in the DEIS.

The proposed project will primarily be a divided highway. From the northern terminus at IH 30 to IH 20, the proposed roadway will ultimately be six lanes. South of IH 20 to FM 1187, the ultimate facility will be four lanes. The portion of the proposed roadway between IH 30 to Alta Mesa Drive will operate as a toll facility. Limited frontage access will be provided along the proposed roadway where needed to accommodate local traffic circulation. All alternatives share approximately the same horizontal alignment.

The purpose of the proposed roadway is to provide a major link in the regional highway network. The proposed project is part of the North Central Texas Council of Government's (NCTCOG) Metropolitan Transportation Plan and the City of Fort Worth's Master Thoroughfare and Comprehensive Plan. The proposed roadway will provide a needed alternate relief route to the congested urban arterial roadways serving southwest Tarrant County, as well as those in the IH 30 and IH 35W freeway corridors. The social, economic, and environmental impacts of the proposed project have been analyzed in the DEIS.

The results of the DEIS, in accordance with all known public, technical, and agency input throughout planning, environmental, and financial analysis, indicates that the recommended solution to the need for a major link in the regional highway network to provide an alternate relief route to the congested urban arterial roadways serving southwest Tarrant County, as well as those in the IH 30 and IH 35 W freeway corridors, is the construction of SH 121T.

Copies of the DEIS may be obtained at the Texas Department of Transportation, Fort Worth District Office, located at 2501 S.W. Loop at McCart Street, Fort Worth, Texas 76133 (mailing address P.O. Box 6868 Fort Worth, Texas 76115-0868). For further information, please contact Randy Bowers, P.E. at 817-370-6746. Copies of the DEIS may be reviewed at the City of Fort Worth, located at 1000 Throckmorton Street, Fort Worth, Texas 76102, the NCTCOG Headquarters, located at Center Point Two, 2nd floor, 616 Six Flags Drive, Arlington, Texas 76011, and the NTTA Headquarters, located at 5900 West Plano Parkway, Plano, Texas, 75093. In addition, copies of the DEIS may be reviewed at the following City of Fort Worth libraries: Bold Branch Library, Cool Branch Library, Diamond Hill/Jarvis Branch Library, East Berry Branch Library, Meadowbrook Branch Library, Northside Branch Library, Ridglea Branch Library, Riverside Branch Library, Seminary South Branch Library, Shamblee Branch Library, Central Library, Wedgwood Branch Library, East Regional Library, Southwest Regional Library. The DEIS my also be obtained on the TxDOT Homepage via the Internet at:

www.dot.state.tx.us

Select ' Transportation Studies ' on the homepage to obtain the DEIS.

TRD-200208566

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: December 30, 2002


Texas Workers' Compensation Commission

Correction of Error

The Texas Workers' Compensation Commission adopted 28 TAC §133.308, concerning Medical Dispute Resolution By Independent Review Organizations, and 28 TAC §134.600, concerning Preauthorization, concurrent Review, and Voluntary Certification of Health Care. The rules were published in the December 27, 2002, Texas Register (27 TexReg 12301 and 12362).

In §133.308(f)(3) there is an apostrophe at the end of the paragraph that should be deleted. The paragraphs should read as follows.

"(3) Documentation of the request for and response to reconsideration, or, if the respondent failed to respond to a request for reconsideration, convincing evidence of carrier receipt of that request;"

In §134.600(n) on page 12364, the word "surgery" should be capitalized in the phrase "(relating to Spinal Surgery Second Opinion Process)". The subsection should read as follows.

"(n) Section 133.206 of this title (relating to Spinal Surgery Second Opinion Process) will remain in effect only for recommendations or resubmissions of recommendations for spinal surgery submitted prior to the effective date of this section."

TRD-200300004