The Coastal Coordination Council (Council) files this Notice of Funds Availability to announce the availability of §306/§306A federal grant funds under the Texas Coastal Management Program (CMP). The purpose of the CMP is to improve the management of the state's coastal resources and to ensure the long-term ecological and economic productivity of the coast.

A federal award to the state of approximately $2 million in §306/§306A funding is expected in October 2007. The Council, which oversees the implementation of the CMP, passes through approximately 90% of the available §306/§306A funds to eligible entities in the coastal zone to support projects that implement and/or advance the CMP goals and policies.

Eligible Applicants

The following entities are eligible to receive grants under the CMP:

1. Incorporated cities in the coastal zone.

2. County governments in the coastal zone.

3. Texas state agencies.

4. Texas public universities (including colleges and institutions of higher education).

5. Subdivisions of the state with jurisdiction in the coastal zone (e.g., navigation districts, port authorities, river authorities, and Soil and Water Conservation Districts with jurisdiction in the coastal zone).

6. Councils of governments and other regional governmental entities in the coastal zone.

7. The Galveston Bay Estuary Program.

8. The Coastal Bend Bays and Estuaries Program.

9. Nonprofit organizations located in Texas that are nominated by an eligible entity in categories 1 - 8 above. A nomination may take the form of a resolution or letter from a responsible official of an entity in categories 1 - 8. The nominating entity is not expected to financially or administratively contribute to the management and implementation of the proposed project.

Funding Categories

The Council will accept applications for projects that address any of the following funding categories. The categories are not listed in order of preference.

1. Coastal Natural Hazards Response

2. Critical Areas Enhancement

3. Shoreline Access

4. Water Quality Improvement

5. Waterfront Revitalization and Ecotourism Development

6. Permit Streamlining/Assistance and Governmental Coordination

7. Information and Data Availability

8. Public Education and Outreach

Grant workshops will be held in five coastal cities to help potential applicants through the Guidance and Application Package. Grant workshops are opportunities for potential applicants to learn about the changes made to the grant program and to discuss specific project ideas with staff. Applicants are not required to attend a workshop, but attendance is strongly encouraged.

Current subrecipients of CMP grant funding and their financial staff are also encouraged to attend the grant workshops. Grant workshops will be expanded this year to include project management training to educate subrecipients of the administrative requirements once a contract is executed. Project management training will cover the progress report, invoice, local match, budget amendment, timesheet, and equipment forms.

May 10, 2006, 10:30 a.m., Port Lavaca, City Hall, 202 N. Virginia.

May 16, 2006, 10:30 a.m., Port Arthur, City Hall, 444 Fourth Street, 5th Floor.

May 17, 2006, 9:30 a.m., Clear Lake Shores, City Hall, 931 Cedar Road.

May 23, 2006, 1:00 p.m., Corpus Christi, Texas A&M University - Natural Resources Center, 6300 Ocean Drive, Room 1003.

May 24, 2006, 9:30 a.m., Port Isabel, Port Isabel Housing Authority - Community Center, 100 Hockaday.

To obtain a copy of the Guidance and Application Package, please contact Melissa Porter at (512) 475-1393, (800) 998-4GLO or at melissa.porter@glo.state.tx.us. The requirements to receive federal grant funds are outlined in the guidance. Written requests for the Guidance and Application Package should be addressed to: Coastal Coordination Council, CMP Grants Program, c/o Texas General Land Office, P.O. Box 12873, Austin, Texas 78711-2873. The Guidance and Application Package is also available on the GLO's website at: http://www.glo.state.tx.us/coastal/grants/index.html.

The deadline for receiving draft grant applications is Wednesday, June 21, 2006 by 5:00 p.m. Submission of a draft grant application is optional but is strongly recommended for first-time and/or inexperienced applicants. Written comments will only be provided to applicants who submit draft grant applications by June 21, 2006 by 5:00 p.m. The deadline for receiving final grant applications is Wednesday, October 11, 2006 by 5:00 p.m. Draft grant applications and final grant applications must be mailed (regular, express, or certified) or hand-delivered to: Coastal Coordination Council, CMP Grants Program, c/o Texas General Land Office, Stephen F. Austin Building, Room 335, 1700 North Congress Avenue, Austin, Texas 78701-1495. Facsimiles, electronic mail transmissions, and applications postmarked on or after the due date will not be accepted.

TRD-200602011

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: April 5, 2006

The Texas Education Agency (TEA) published Request for Applications (RFA) #701-06-011 concerning the Texas Science, Technology, Engineering, and Math Academies (Texas STEM Academies) - Startup Grants in the February 24, 2006, issue of the Texas Register (31 TexReg 1350).

The TEA is amending the Deadline for Receipt of Applications paragraph in the Texas Register notice to read, "Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday, May 23, 2006, to be considered for funding." This correction amends the originally-published deadline date of Thursday, May 18, 2006, and is reflective of the deadline stated in the announcement letter and RFA posted on the TEA website at http://www.tea.state.tx.us/opge/disc/index.html.

Further Information. For clarifying information about the RFA, contact Karen Harmon, Division of Discretionary Grants, TEA, (512) 463-9269.

TRD-200602023

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: April 5, 2006

The Texas Education Agency (TEA) published Request for Applications (RFA) #701-06-010 concerning the Texas Science, Technology, Engineering, and Math Centers (Texas STEM Centers) Grants in the February 24, 2006, issue of the Texas Register (31 TexReg 1351).

The TEA is amending the Deadline for Receipt of Applications paragraph in the Texas Register notice to read, "Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday, May 18, 2006, to be considered for funding." This correction amends the originally-published deadline date of Tuesday, April 18, 2006, and is reflective of the deadline stated in the announcement letter and RFA posted on the TEA website at http://www.tea.state.tx.us/opge/disc/index.html.

Further Information. For clarifying information about the RFA, contact Karen Harmon, Division of Discretionary Grants, TEA, (512) 463-9269.

TRD-200602022

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: April 5, 2006

Eligible Applicants. The Texas Education Agency (TEA) is requesting eGrant applications under Request for Applications (RFA) #701-06-016 from colleges and universities in Texas with credit-granting high school distance learning/correspondence coursework that meets Texas graduation plan requirements. Courses approved by the TEA must already be in place. Eligible applicants must demonstrate a full understanding of the needs of migrant secondary students in Texas and must demonstrate the capacity and ability to implement, operate, and manage the project on a statewide and nationwide basis.

Description. The purpose of the Correspondence Coursework Program for Migrant Secondary Students is to provide alternative ways for migrant secondary students to earn credits toward high school graduation. The applicant selected for funding will work on an intrastate and interstate basis (with migrant projects both in Texas and up to 48 different states that receive Texas migrant students) to assign correspondence coursework that meets individual students' graduation plan requirements; to operate a toll-free 800 telephone number to provide bilingual direct instructional support to students; to implement strategies resulting in a correspondence course completion rate of at least 75 percent; to offer a variety of grading options for the coursework; to issue credit; to inform the appropriate Texas or out-of-state school district/migrant education project of the credit granted; to record information on the state's migrant student database; to provide preparation materials for the exit-level Texas Assessment of Knowledge and Skills; to implement promotional activities resulting in at least 1,100 migrant student enrollments; to maintain communication with participating migrant students and educators inside and outside Texas; and to provide a recognition activity for participating students who complete coursework.

Dates of Project. The Correspondence Coursework Program for Migrant Secondary Students will be implemented during the 2006-2007 school year. Applicants should plan for a starting date of no earlier than September 1, 2006, and an ending date of no later than August 31, 2007. The applicant selected for funding under this grant program is eligible to receive project funding for a second year. Continuation funding for the second year will be based on satisfactory progress of the grant objectives and activities; general budget approval by the commissioner of education; continued funding by the U. S. Congress; and submission of a request for continuation funding in the format and at the time requested by the TEA.

Project Amount. Funding will be provided for one statewide project. The project will receive a maximum of $350,000 for the 2006-2007 school year. This project is funded 100 percent from Migrant Education Program federal funds.

Selection Criteria. Applications will be scored 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 requirement as specified in the RFA to be considered for funding. 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 TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Obtaining Access to TEA's eGrants. The Correspondence Coursework Program for Migrant Secondary Students grant application is available only through TEA's eGrants and may not be obtained or submitted by any other means. The eGrant application will be available in eGrants on or about April 17, 2006. To apply for access to eGrants, go to http://www.tea.state.tx.us/opge/egrant/index.html. Under the "eGrants Toolbox," select "Apply for eGrants Logon." Complete the form as instructed, obtain the required signatures, and send it to the TEA contact listed on the form.

Further Information. For clarifying information about the eGrant RFA, contact Donnell Bilsky, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269.

Deadline for Receipt of eGrant Applications. Applications must be received by the Texas Education Agency by 5:00 p.m. (Central Time), May 25, 2006, to be considered for funding.

TRD-200602018

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: April 5, 2006

Eligible Applicants. The Texas Education Agency (TEA) is requesting eGrant applications under Request for Applications (RFA) #701-06-015 from colleges and universities in Texas. Eligible applicants must demonstrate a full understanding of the needs of migrant secondary students in Texas and must demonstrate the capacity and ability to implement, operate, and manage the project on a statewide basis.

Description. The purpose of the Summer Work Study Program for Migrant Secondary Students is to provide, at a minimum, 100 eligible migrant students with a six-week college or university work study experience by providing them dormitory housing on campus; by paying them a minimum wage stipend, paid by the partnership entity, for meaningful work experience in an office setting; and by providing participating students alternative ways to earn credits toward high school graduation in a college or university setting.

Dates of Project. The Summer Work Study Program for Migrant Secondary Students will be implemented during the 2006-2007 school year. Applicants should plan for a starting date of no earlier than September 1, 2006, and an ending date of no later than August 31, 2007. The applicant selected for funding under this grant program is eligible to receive project funding for a second year. Continuation funding for the second year will be based on satisfactory progress of the grant objectives and activities; general budget approval by the commissioner of education; continued funding by the U. S. Congress; and submission of a request for continuation funding in the format and at the time requested by the TEA.

Project Amount. Funding will be provided for one statewide project. The project will receive a maximum of $100,000 for the 2006-2007 school year. This project is funded 100 percent from Migrant Education Program federal funds.

Selection Criteria. Applications will be scored 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 requirement as specified in the RFA to be considered for funding. Applicants must partner with an entity that has the capacity to provide funding to pay students a minimum wage for participating in a meaningful work experience in an office setting. 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 TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Obtaining Access to TEA's eGrants. The Summer Work Study Program for Migrant Secondary Students grant application is available only through TEA's eGrants and may not be obtained or submitted by any other means. The eGrant application will be available in eGrants on or about April 17, 2006. To apply for access to eGrants, go to http://www.tea.state.tx.us/opge/egrant/index.html. Under the "eGrants Toolbox," select "Apply for eGrants Logon." Complete the form as instructed, obtain the required signatures, and send it to the TEA contact listed on the form.

Further Information. For clarifying information about the eGrant RFA, contact Donnell Bilsky, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269.

Deadline for Receipt of eGrant Applications. Applications must be received by the Texas Education Agency by 5:00 p.m. (Central Time), May 25, 2006, to be considered for funding.

TRD-200602019

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: April 5, 2006

Eligible Applicants. The Texas Education Agency (TEA) is requesting eGrant applications under Request for Applications (RFA) #701-06-014 from public school districts, including open-enrollment charter schools; education service centers; and colleges and universities in Texas. Eligible applicants must demonstrate a full understanding of the needs of migrant secondary students in Texas and must demonstrate the capacity and ability to implement, operate, and manage the project on a statewide and nationwide basis.

Description. The purpose of the Texas Migrant Interstate Program (TMIP) is to provide direct services and technical assistance related to intrastate and interstate coordination to Texas migrant students and their families and migrant education program staff within and outside Texas. To assist in meeting the needs of this population, which is most at risk of not meeting the state's academic content and achievement standards, the TMIP will coordinate with states that receive this target population by offering certified bilingual counselors to work with migrant students, home-based district personnel, migrant parents, and migrant education program personnel in the receiving state on issues such as appropriate student placement, credit accrual, and state achievement testing.

Dates of Project. The TMIP will be implemented during the 2006-2007 school year. Applicants should plan for a starting date of no earlier than September 1, 2006, and an ending date of no later than August 31, 2007. The applicant selected for funding under this grant program is eligible to receive project funding for a second year. Continuation funding for the second year will be based on satisfactory progress of the grant objectives and activities; general budget approval by the commissioner of education; continued funding by the U. S. Congress; and submission of a request for continuation funding in the format and at the time requested by the TEA.

Project Amount. Funding will be provided for one statewide project. The project will receive a maximum of $500,000 for the 2006-2007 school year. This project is funded 100 percent from Migrant Education Program federal funds.

Selection Criteria. Applications will be scored 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 requirement as specified in the RFA to be considered for funding. 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 TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Obtaining Access to TEA's eGrants. The TMIP grant application is available only through TEA's eGrants and may not be obtained or submitted by any other means. The eGrant application will be available in eGrants on or about April 17, 2006. To apply for access to eGrants, go to http://www.tea.state.tx.us/opge/egrant/index.html. Under the "eGrants Toolbox," select "Apply for eGrants Logon." Complete the form as instructed, obtain the required signatures, and send it to the TEA contact listed on the form.

Further Information. For clarifying information about the eGrant RFA, contact Donnell Bilsky, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269.

Deadline for Receipt of eGrant Applications. Applications must be received by the Texas Education Agency by 5:00 p.m. (Central Time), May 25, 2006, to be considered for funding.

TRD-200602020

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: April 5, 2006

A person may request to be added to a mailing list for public notices processed through the Office of the Chief Clerk for air, water, and waste permitting activities at the TCEQ. You may request to be added to: (1) a permanent mailing list for a specific applicant name and permit number; and/or (2) a permanent mailing list for a specific county or counties.

Note that a request to be added to a mailing list for a specific county will result in notification of all permitting matters affecting that particular county.

To be added to a mailing list, send us your name and address, clearly specifying which mailing list(s) to which you wish to be added. Your written request should be sent to the TCEQ, Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, TX 78711-3087.

Public notices issued by the Office of the Chief Clerk are also available for viewing at www.tceq.state.tx.us/comm_exec/cc/cc_db.html.

Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040.

TRD-200602014

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 5, 2006

Under §26.040 of the Texas Water Code, the Texas Commission on Environmental Quality (TCEQ) proposes to amend and renew a general permit (Texas Pollutant Discharge Elimination System Permit No. TXR050000) covering eligible storm water discharges and certain types of non-storm water discharges to surface water in the state. The proposed general permit applies to the entire state of Texas.

PROPOSED GENERAL PERMIT. The Executive Director has prepared a draft major amendment of an existing general permit that authorizes the discharge of storm water associated with industrial activity and certain types of non-storm water from industrial activities that are grouped into thirty (30) similar sectors based on Standard Industrial Classification Codes and Industrial Activity Codes. The proposed changes to the general permit include: removal of the requirement for a facility owner to sign the application for permit coverage; revisions to the annual discharge monitoring report requirements to require reporting of results of compliance with numeric effluent limits; revisions to benchmark reporting requirements; addition of requirement to maintain a rain gauge for determination of representative storm events; and revision of Sector J, related to Mineral Mining and Processing Facilities, to require alternative permit coverage for certain quarries that are addressed in the Texas Water Code, at §26.553. The general permit specifies which facilities must obtain permit coverage, which are eligible for a conditional exclusion based on no exposure of industrial activity to storm water, which are eligible for coverage without submitting a notice of intent, and which must obtain individual permit coverage. Non-storm water discharges that are not specifically listed in the general permit are not authorized by the general permit. No significant degradation of high quality waters is expected, and existing uses will be maintained and protected. Operators of facilities discharging storm water runoff from activities described by Standard Industrial Classification Code 4225 (General Warehousing and Storage) are hereby notified that the proposed general permit would provide coverage for certain facilities without submittal of a notice of intent, provided that certain technical requirements are met.

The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Council (CCC) regulations and has determined that the action is consistent with applicable CMP goals and policies.

A copy of the draft general permit and fact sheet are available for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ's Austin office, at 12100 Park 35 Circle, Building F. These documents are also available at the TCEQ's sixteen (16) regional offices, and are available at http://www.tceq.state.tx.us/goto/draftmsgp.

PUBLIC COMMENTS/PUBLIC MEETING. You may submit public comments about this general permit in writing or orally at the public meeting held by the TCEQ. The purpose of a public meeting is to provide an opportunity to submit comments and to ask questions about the general permit. A public meeting is not a contested case hearing. The public comment period will end at the conclusion of the public meeting. The TCEQ will hold a public meeting on this general permit: 2:00 p.m., May 19, 2006; Texas Commission on Environmental Quality; 12100 Park 35 Circle; Building F, Room 2210; Austin, Texas 78753.

Written public comments must be received by the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 by the end of the public comment period on May 19, 2006.

APPROVAL PROCESS. After the comment period, the Executive Director will consider all the public comments and prepare a written response. The response will be filed with the TCEQ Office of the Chief Clerk at least 10 days before the scheduled Commission meeting when the Commission will consider approval of the general permit. The Commission will consider all public comment in making its decision and will either adopt the Executive Director's response or prepare its own response. The Commission will issue its written response on the general permit at the same time the Commission issues or denies the general permit. A copy of any issued general permit and response to comments will be made available to the public for inspection at the agency's Austin and regional offices. A notice of the Commission's action on the proposed general permit and a copy of its response to comments will be mailed to each person who made a comment. Also, a notice of the Commission's action on the proposed general permit and the text of its response to comments will be published in the Texas Register .

MAILING LISTS. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific general permit; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify the mailing lists to which you wish to be added and send your request to the TCEQ Office of the Chief Clerk at the address above. Unless you otherwise specify, you will be included only on the mailing list for this specific general permit.

INFORMATION. If you need more information about the permit or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us.

Further information may also be obtained by calling the TCEQ's Water Quality Division, Storm Water and Pretreatment Team, at (512) 239-4671.

Si desea informacion en Espanol, puede llamar 1-800-687-4040.

TRD-200601994

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 4, 2006

The Texas Commission on Environmental Quality will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations §51.102, of the United States Environmental Protection Agency (EPA) regulations concerning state implementation plans (SIPs).

The proposed rulemaking would implement House Bill 3469 and House Bill 2481, 79th Legislature, 2005. The proposed rulemaking would establish rules for the Texas Clean School Bus Program as directed by House Bill 3469. The proposed rulemaking would also clarify cost effectiveness requirements for the Texas Emissions Reduction Plan, establish a rebate grant program as part of the Texas Emissions Reduction Plan, and provide for clarification of scrappage requirements for repower and replacement projects under the Texas Emissions Reduction Plan grant program as provided in House Bill 2481.

A public hearing on this proposal will be held in Austin, Texas on May 9, 2006, at 2:00 p.m. at the Texas Commission on Environmental Quality in Building F, Room 2210, located at 12100 Park 35 Circle. The hearing 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. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Holly Vierk, Office of Legal Services, at (512) 239-0177. Requests should be made as far in advance as possible.

Comments may be submitted to Holly Vierk, MC 205, Texas Register Team, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Project Number 2006-016-114-EN. Comments must be received by 5:00 p.m., May 16, 2006. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information, please contact Erik Gribbin, Air Quality Planning and Implementation Division, at (512) 239-2590.

TRD-200601935

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: March 31, 2006

The Texas Commission on Environmental Quality (TCEQ or commission) will conduct a public hearing to receive comments concerning revisions to 30 TAC Chapter 291, Utility Regulations, under the requirements of Texas Health and Safety Code, §382.017, and Texas Government Code, Chapter 2001, Subchapter B.

A public hearing on this proposal will be held in Austin on May 4, 2006, at 10:00 a.m., at the TCEQ complex in Building F, Room 2210, located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. A time limit may be established at the hearing to assure that enough time is allowed for every interested person to speak. There will be no open discussion during the hearing; however, agency staff members will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

The proposed revisions to Chapter 291 implement Texas Water Code (TWC), §13.004, as added by House Bill (HB) 1358, 79th Legislature, 2005; TWC, §13.187(c), as amended by HB 2301, 79th Legislature; and TWC, §13.145, as amended by Senate Bill (SB) 1063, 79th Legislature. SB 1063 also removes a provision enacted by SB 2, 77th Legislature, 2001, that exempts from specific requirements a public utility that provided service in only 24 counties on January 1, 2003. TWC, §13.004 outlines the jurisdiction of the commission over certain water supply or sewer service corporations. TWC, §13.187(c) clarifies that the regulatory authority may disallow nonsupported costs in a rate application. Additionally, new subsection (b) of TWC, §13.145 states, "this section does not apply to a public utility that provided utility service in only 24 counties on January 1, 2003." Finally, the commission proposes revisions to Chapter 291 relating to when a utility may not recover rate case expenses, which may include attorney fees and expert witness fees incurred as a result of a rate change application.

Persons planning to attend the hearing who have special communication or other accommodation needs should contact Lola Brown, Office of Legal Services, at (512) 239-0348. Requests should be made as far in advance as possible.

Comments may be submitted to Lola Brown, MC 205, Texas Register Team, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Project Number 2005-061-291-PR. Comments must be received by 5:00 p.m., May 15, 2006. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information, please contact Doug Holcomb, Utilities and Districts Section, at (512) 239-4691.

TRD-200601946

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: March 31, 2006

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive comments concerning revisions to 30 TAC Chapter 293, Water Districts, under the requirements of Texas Health and Safety Code, §382.017 and Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would implement House Bills 828, 1208, 1644, 1673, and 1763 and Senate Bill 693, 79th Legislature, 2005, Regular Session. The proposed rulemaking would provide certain districts greater flexibility in contracting and in funding of certificate of convenience and necessity costs; allow a water supply corporation in converting to a special utility district to request certain powers to be considered and granted by the commission; modify notice, hearing, rulemaking, and permitting procedures for groundwater conservation districts; provide for consistency between bond anticipation note rules and feasibility rules; clarify application requirements for a district to obtain road utility district powers; and provide for application requirements for a district to obtain commission approval of road bonds.

A public hearing on this proposal will be held in Austin on May 11, 2006, at 10:00 a.m. in Building B, Room 201A, at the commission's central office, located at 12100 North IH-35. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals wishing to present oral statements will be asked to register. A time limit may be established at the hearing to assure that enough time is allowed for every interested person to speak. There will be no open discussion during the hearing; however, agency staff members will be available to discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Patricia Durón, Office of Legal Services at (512) 239-6087. Requests should be made as far in advance as possible.

Comments may be submitted to Patricia Durón, MC 205, Texas Register Team, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Project Number 2005-058-293-PR. Comments must be received by 5:00 p.m., May 15, 2006. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information, please contact Randy Nelson, Utilities and Districts Section, at (512) 239-6160.

TRD-200601936

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: March 31, 2006

The following notices were issued during the period of March 28, 2006 through March 31, 2006.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

CITY OF BARTLETT has applied for a renewal of TPDES Permit No. 10880-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 325,000 gallons per day. The facility is located approximately 0.5 mile northeast of the intersection of State Highway 95 and Farm-to-Market Road 487 in the City of Bartlett in Bell County, Texas.

D-BAR-B WATER-WASTEWATER SUPPLY CORPORATION has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014628001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 24,000 gallons per day. The facility is located approximately one half mile north of the point where Dowdy Ferry Road crosses the Trinity River, on the east side of Dowdy Ferry Road in Dallas County, Texas.

EXXONMOBIL OIL CORPORATION which operates the Houston Olefins Plant, a petrochemical plant manufacturing ethylene, propylene, crude butadiene, and crude benzene (dripoline), has applied to for a major amendment to TPDES Permit No. WQ0000393000 to authorize the addition of Outfall 102, that will discharge storm water and specified non-storm water discharges on an intermittent and flow variable basis. The current permit authorizes the discharge of treated process wastewater and utility wastewaters, hydrostatic test water, and storm water at a daily average flow not to exceed 1,500,000 gallons per day via Outfall 001 and storm water following first flush and incidental discharges of process wastewater, utility wastewater, and hydrostatic test water on an intermittent and flow variable basis via Outfall 002. The facility is located at 9822 La Porte Freeway in the City of Houston, Harris County, Texas. The effluent is discharged to an unnamed drainage ditch located on adjacent property; thence to Sims Bayou Tidal, part of the Houston Ship Channel/Buffalo Bayou Tidal, in Segment No. 1007 of the San Jacinto River Basin.

CITY OF PARIS has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 10479-002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 7,250,000 gallons per day. The current permit also authorizes the disposal of treated domestic wastewater via irrigation of the sludge land application site which consists of approximately 170 acres. The current permit authorizes the land application of sewage sludge for beneficial use on 170 acres. The applicant has also applied to the TCEQ for approval of a substantial modification to its pretreatment program under the TPDES program. The facility is located approximately one half mile east of U.S. Highway 271 and 1.7 miles northeast of the intersection of Farm-to-Market Road 1499 and U.S. Highway 271, six miles north of the City of Paris in Lamar County, Texas. The irrigation and sludge disposal site are located approximately three miles northeast of the wastewater treatment plant.

TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a renewal of TPDES Permit No. 11718-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 35,000 gallons per day. The facility is located 500 feet east of Park Road 48 and approximately 3,500 feet due south of the intersection of U. S. Highway 190 and Park Road 48 in Jasper County, Texas.

TRD-200602015

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 5, 2006

Notice issued March 31, 2006:

NOTICE OF AN APPLICATION FOR AN EXTENSION OF TIME TO COMPLETE CONSTRUCTION OF A PROJECT AUTHORIZED BY AN AGREED ORDER TO CERTIFICATE OF ADJUDICATION NO. 21-3214; City of Corpus Christi, P.O. Box 9277, Corpus Christi, Texas 78469, as applicant and managing entity; the Nueces River Authority, P.O. Box 349, Uvalde, Texas 78802; and the City of Three Rivers, P.O. Drawer 580, Three Rivers, Texas 78071; applicants, have applied to the Texas Commission on Environmental Quality (TCEQ) for an Extension of Time to Complete Construction pursuant to 11.145, Texas Water Code, and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Subparagraph 2.f.2. of the April 5, 2001 Agreed Order to Certificate of Adjudication No. 21-3214 states that the applicants to construct and operate a conveyance facility to deliver water from the Nueces River , Nueces River Basin to the Upper Rincon Bayou, San Antonio-Nueces Coastal Basin. Subparagraph 2.f.4. of the Agreed Order states that construction necessary to implement subparagraph 2.f.1. shall be accomplished by December 31, 2001, and work necessary to accomplish subparagraph 2.f.2. shall be accomplished by January 31, 2002. The most current modification to the Agreed Order was issued on June 16, 2005 which extended the date to accomplish subparagraph 2.f.2. to January 31, 2006. The applicants seek authorization for a third extension of time to modify subparagraph 2.f.4. of the April 5, 2001 Agreed Order to extend the date necessary to accomplish subparagraph 2.f.2. to January 31, 2007. The Commission shall consider whether there has been sufficient due diligence and justification for delay for the City to complete the work required by subparagraphs 2.f.1 and 2.f.2 of the April 5, 2001 Agreed Order, and decide whether the privileges granted in that order shall be allowed to automatically terminate, thereby reinstating the provisions of the April 28, 1995 Agreed Order. The application and a portion of the required fees were received on December 16, 2005. Additional information and fees were received on January 17, 2006. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on January 31, 2006. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

A public meeting is intended for the taking of public comment, and is not a contested case hearing.

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.

TRD-200602013

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 5, 2006

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 (the Code), §7.075, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and 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 May 15, 2006 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO 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 C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 15, 2006 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the commission in writing .

(1) COMPANY: Beacon Estates Water Supply Corporation; DOCKET NUMBER: 2006-0129-PWS-E; IDENTIFIER: Regulated Entity Reference Number (RN) RN101262897; LOCATION: Brookshire, Waller County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(ii) and (f)(1)(B), §290.122(a)(4) and (c)(2)(A), and THSC, §341.033(d), by failing to collect and submit routine bacteriological samples, by failing to post public notice of the violation, by exceeding the acute maximum contaminant level for coliform bacteria, and by failing to rescind the boil water notice (BWN) in the same manner as initiating the BWN; and 30 TAC §290.51(a)(3) and the Code, §5.702, by failing to pay public health service fees; PENALTY: $2,340; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Dinesh Patel dba Benbrook Corner Store; DOCKET NUMBER: 2005-2033-PST-E; IDENTIFIER: RN101537983; LOCATION: Benbrook, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; 30 TAC §334.50(b)(1)(A) and (2) and the Code, §26.3475(a) and (c)(1), by failing to monitor the underground storage tanks (USTs) for releases and by failing to provide proper release detection; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs; PENALTY: $5,520; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Buddy's Testers, Inc.; DOCKET NUMBER: 2006-0248-WQ-E; IDENTIFIER: RN101903219; LOCATION: Sweetwater, Nolan County, Texas; TYPE OF FACILITY: oil field equipment; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(a)(1)(ii), by failing to obtain authorization to discharge storm water associated with industrial activity to water in the state; PENALTY: $640; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(4) COMPANY: Coast to Coast Investments, Inc. dba Carryon; DOCKET NUMBER: 2005-2010-MLM-E; IDENTIFIER: RN102356557; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.51(b)(2)(C) and the Code, §26.3475(c)(2), by failing to equip the UST with a valve or other device designed to automatically shut off the flow of regulated substances; 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III) and the Code, §26.3475(a) and (c)(1), by failing to monitor the USTs for releases and by failing to provide proper release detection and by failing to test the line leak detector for performance and operational reliability; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs; 30 TAC §334.7(d)(3), by failing to amend the registration of any changes to reflect the current status of the UST system; and 30 TAC §213.4(k), by failing to comply with the approved Water Pollution Abatement Plan for USTs existing on the Edwards Aquifer Recharge Zone; PENALTY: $7,752; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(5) COMPANY: Comal County; DOCKET NUMBER: 2005-2062-PWS-E; IDENTIFIER: RN101202745; LOCATION: Canyon City, Comal County, Texas; TYPE OF FACILITY: sports park and recreation area with a public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and THSC, §341.033(d), by failing to conduct routine monthly bacteriological monitoring; and 30 TAC §290.122(c)(2)(B), by failing to provide public notification of the failure to conduct routine bacteriological monitoring; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(6) COMPANY: ConocoPhillips Pipe Line Company; DOCKET NUMBER: 2006-0157-AIR-E; IDENTIFIER: RN100213313; LOCATION: Goldsmith, Ector County, Texas; TYPE OF FACILITY: crude oil storage terminal and pump station; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the annual permit compliance certification in a timely manner; PENALTY: $1,540; ENFORCEMENT COORDINATOR: Cari-Michel LaCaille, (512) 239-1387; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(7) COMPANY: Continental Carbon Company; DOCKET NUMBER: 2006-0039-AIR-E; IDENTIFIER: RN102321577; LOCATION: Sunray, Moore County, Texas; TYPE OF FACILITY: carbon black plant; RULE VIOLATED: 30 TAC §122.145(2)(A) and (C), §122.146(1), and THSC, §382.085(b), by failing to submit the annual permit compliance certification and its associated deviation report; and 30 TAC §116.115(c), Permit Number 9449, and THSC, §382.085(b), by failing to provide documentation of daily visual plant inspections; PENALTY: $4,080; ENFORCEMENT COORDINATOR: Cari-Michel LaCaille, (512) 239-1387; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(8) COMPANY: Delek Refining, Limited; DOCKET NUMBER: 2006-0028-AIR-E; IDENTIFIER: RN100222512; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §101.211(a) and THSC, §382.085(b), by failing to report unauthorized emissions resulting from an emissions event; and 30 TAC §116.115(b)(2)(F) and (c), Permit Number 4902, and THSC, §382.085(b), by failing to prevent emissions during a scheduled maintenance; PENALTY: $3,411; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(9) COMPANY: Eagle Railcar Services, L.P.; DOCKET NUMBER: 2005-2059-AIR-E; IDENTIFIER: RN102955150; LOCATION: Elkhart, Anderson County, Texas; TYPE OF FACILITY: railcar maintenance and repair; RULE VIOLATED: 30 TAC §122.146(1), (2), and (4) and THSC, §382.085(b), by failing to submit the annual compliance certification and by failing to comply with all terms and conditions codified in the permit and any provisional terms and conditions required to be included in the permit; PENALTY: $7,560; ENFORCEMENT COORDINATOR: Sherronda Martin, (713) 767-3500; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(10) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2005-1903-AIR-E; IDENTIFIER: RN100542844; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: industrial organic chemical manufacturing; RULE VIOLATED: 30 TAC §§101.20(3), 111.111(a)(4)(A), and 116.115(c), New Source Review Air Permit Numbers 7799/PSD-TX-860 and 18838/PSD-TX-843, and THSC, §382.085(b), by failing to comply with permitted and visible emissions limits; and 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to submit a timely emissions event report; PENALTY: $13,494; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(11) COMPANY: ExxonMobil Corporation; DOCKET NUMBER: 2005-2066-AIR-E; IDENTIFIER: RN102574803; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §116.715(a), Flexible Permit Number 20211, and THSC, §382.085(b), by failing to prevent the unauthorized emissions of isobutylene; PENALTY: $2,820; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: ExxonMobil Corporation; DOCKET NUMBER: 2005-2070-AIR-E; IDENTIFIER: RN102212925; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §116.715(a), Flexible Permit Number 3452, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to submit initial notification after the discovery of an emissions event; PENALTY: $10,807; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: Harris County Water Control and Improvement District Number 70; DOCKET NUMBER: 2006-0142-MWD-E; IDENTIFIER: RN102183654; LOCATION: Crosby, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (17), Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10530001, and the Code, §26.121(a), by failing to comply with the permit effluent limits for ammonia-nitrogen and by failing to submit a timely annual sludge report; PENALTY: $2,083; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: H.R.N. Inc. dba Collins Food Mart; DOCKET NUMBER: 2006-0059-PST-E; IDENTIFIER: RN101532232; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding USTs; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; and 30 TAC §334.50(b)(2)(A)(i)(III) and (ii)(I), and the Code, §26.3475(a), by failing to test the line leak detectors and by failing to provide release detection; PENALTY: $5,040; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: Kaneka Texas Corporation; DOCKET NUMBER: 2005-1943-AIR-E; IDENTIFIER: RN100218841; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §101.201(a)(2)(D) and THSC, §382.085(b), by failing to identify the proper process unit or area on the initial and final emissions event notification form; and 30 TAC §116.115(c) and §116.116(a), Air Permit Number 9092, and THSC, §382.085(b), by failing to prevent the unauthorized release of air contaminants into the atmosphere; PENALTY: $7,904; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(16) COMPANY: Kauser Energy, Inc. dba Kaiser Food Mart 3; DOCKET NUMBER: 2005-1958-PST-E; IDENTIFIER: RN102653037; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,968; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(17) COMPANY: City of Lubbock; DOCKET NUMBER: 2005-2013-MWD-E; IDENTIFIER: RN101609949; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: water reclamation plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10353002, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for five-day biochemical oxygen demand and total suspended solids; PENALTY: $13,140; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(18) COMPANY: McCarty Road Landfill TX, L.P.; DOCKET NUMBER: 2005-1225-MSW-E; IDENTIFIER: RN100213602; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §330.114(5) and Permit Number 261A, by failing to follow procedures for the detection and prevention of disposal of prohibited waste; and 30 TAC §330.4(b) and Permit Number 261A, by failing to prohibit the disposal of unauthorized oilfield waste; PENALTY: $40,061; ENFORCEMENT COORDINATOR: Edward Moderow, (512) 239-2680; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: Prater Equipment Company, Inc. dba PEC Materials Reid Pit; DOCKET NUMBER: 2004-0911-WQ-E; IDENTIFIER: RN104285267; LOCATION: Caddo, Stephens County, Texas; TYPE OF FACILITY: surface mining operation; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(a), by failing to obtain authorization to discharge storm water associated with industrial activity; PENALTY: $6,400; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(20) COMPANY: Shawn & Shawn, Inc.; DOCKET NUMBER: 2003-0897-PST-E; IDENTIFIER: RN101799559, Petroleum Storage Tank Facility Identification Number 0044874; LOCATION: Crowley, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(21) COMPANY: Southwest Laminates, Inc.; DOCKET NUMBER: 2005-1915-AIR-E; IDENTIFIER: RN100661750; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: foam lamination plant; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 38517, and THSC, §382.085(b), by failing to comply with the maximum allowable emission rate table for particulate matter, hydrochloric acid, hydrocyanic acid, and volatile organic compound emissions, by failing to conduct testing on acid scrubbers, and by failing to fit scrubbers with continuous monitoring equipment; and 30 TAC §111.111(a)(1)(B) and THSC, §382.085(b), by failing to meet opacity requirements; PENALTY: $15,836; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(22) COMPANY: City of Temple; DOCKET NUMBER: 2006-0117-PWS-E; IDENTIFIER: RN101249308; LOCATION: Temple, Bell County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.44(h)(1)(A), by failing to install backflow prevention assemblies; 30 TAC §290.42(d)(13), by failing to properly identify all chemical feed lines; and 30 TAC §290.46(t) by failing to post an ownership sign at the membrane surface water treatment plant; PENALTY: $796; ENFORCEMENT COORDINATOR: Amanda King-Zrubek, (512) 239-0824; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(23) COMPANY: Texas Department of Public Safety; DOCKET NUMBER: 2005-1847-PST-E; IDENTIFIER: RN101045656; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: state law enforcement office; RULE VIOLATED: 30 TAC §334.51(b)(2)(B) and the Code, §26.3475(c)(2), by failing to equip the UST fill tube with a spill container or catchment basin; and 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(24) COMPANY: Texas Department of Public Safety; DOCKET NUMBER: 2005-1465-PST-E; IDENTIFIER: RN102718848; LOCATION: Texarkana, Bowie County, Texas; TYPE OF FACILITY: state law enforcement office; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(25) COMPANY: The Lubrizol Corporation; DOCKET NUMBER: 2005-1554-AIR-E; IDENTIFIER: RN100221589; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 19465, and THSC, §382.085(b), by failing to route waste streams from the storage tank to the incinerator which resulted in unauthorized alkyphenol emissions; and 30 TAC §122.143(4) and THSC, §382.085(b), by failing to amend the federal operating permit to include emission point numbers; PENALTY: $42,720; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(26) COMPANY: Trany Inc. dba MS Express 722; DOCKET NUMBER: 2006-0116-PST-E; IDENTIFIER: RN101846384; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,520; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(27) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2006-0012-AIR-E; IDENTIFIER: RN100238385; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §117.520(c)(2)(A)(i) and THSC, §382.085(b), by failing to install continuous emissions monitoring systems; PENALTY: $28,440; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(28) COMPANY: City of Wichita Falls; DOCKET NUMBER: 2006-0027-WQ-E; IDENTIFIER: RN102980687 and RN103049557; LOCATION: Wichita Falls, Wichita County, Texas; TYPE OF FACILITY: landfill and transfer station; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(a), by failing to obtain authorization to discharge storm water associated with industrial activity; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay late fees; PENALTY: $1,824; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

TRD-200601992

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: April 4, 2006

Notice is hereby given that the Department of State Health Services (department) issued an Agreed Order to the following registrants:

Becker-Parkin Dental Supply Company (registration #R19293-001) of Hempstead, NY. A total penalty of $4,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Patricia H. Janki, M.D., (registration #R25967-000) of Houston. A total penalty of $1,000.00 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall comply with additional settlement agreement requirements.

Joseph Novosel, D.P.M., R.S.O., (registration #R13220-000) of Beaumont. A total penalty of $2,000.00 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall comply with additional settlement agreement requirements.

Trace Radiochemicals, Inc. (license #L05435-000) of Denton. A total penalty of $6,000.00 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall comply with additional settlement agreement requirements.

Bill's Dental Equipment, Inc. (registration #18300-000) of Fort Worth. A total penalty of $2,000.00 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall comply with additional settlement agreement requirements.

Medical Center Imaging, Inc. (registration #R26699-000) of Houston. A total penalty of $1,000.00 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall comply with additional settlement agreement requirements.

David W. Murphy (registration #R20851-000) of Georgetown. A total penalty of $1,000.00 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall comply with additional settlement agreement requirements.

A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday - Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200602033

Cathy Campbell

General Counsel

Department of State Health Services

Filed: April 5, 2006

Notice is hereby given by the Department of State Health Services (department), Radiation Safety Licensing Branch, that it has amended Radioactive Material License Number L04971 issued to Waste Control Specialists, LLC (WCS) located in Andrews County, Texas, one mile North of State Highway 176; 250 feet East of the Texas/New Mexico State Line; 30 miles West of Andrews, Texas.

Amendment number 39 designates a new radiation safety officer for the license.

The department has determined that the amendment of the license and the terms of conditions provide reasonable assurance that the licensee's radioactive waste processing facility is operated in accordance with the requirements of Texas Administrative Code (TAC), Chapter 289; the amendment of the license will not be inimical to the health and safety of the public or the environment; and the activity represented by the amendment of the license will not have a significant effect on the human environment.

This notice affords the opportunity for a public hearing upon written request within 30 days of the date of publication of this notice by a person affected as set out in 25 TAC, §289.205(f). A "person affected" is defined as a person who demonstrates that the person has suffered or will suffer actual injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to a county, in which the radioactive material is or will be located; or (b) doing business or has a legal interest in land in the county or adjacent county.

A person affected may request a hearing by writing Richard A. Ratliff, P.E., Radiation Program Officer, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by this action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Should no request for a public hearing be timely filed, the agency action will be final.

A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, Chapter 401, the Administrative Procedure Act (Texas Government Code, Chapter 2001), the formal hearing procedures of the department (25 TAC, §1.21 et seq.) and the procedures of the State Office of Administrative Hearings (1 TAC, Chapter 155).

A copy of the license amendment and supporting materials are available, by appointment, for public inspection and copying at the office of the Radiation Safety Licensing Branch, Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, 8:00 a.m. to 5:00 p.m., Monday - Friday (except holidays). Information relative to inspection and copying the documents may be obtained by contacting Chrissie Toungate, Custodian of Records, Radiation Safety Licensing Branch.

TRD-200602032

Cathy Campbell

General Counsel

Department of State Health Services

Filed: April 5, 2006

The Department of State Health Services, having duly filed complaints pursuant to 25 TAC §289.205, has revoked the following certificates of registration: Jeffrey D. Pick, D.C., RPH, PLLC, Cedar Park, R03286, March 21, 2006; Donald Scott Daughtery, D.D.S., Houston, R05586, March 21, 2006; Charles P. McGuire, D.D.S., Houston, R07995, March 21, 2006; Dan O. Waldon, D.C., Pearland, R19434, March 21, 2006; Sanders Chiropractic, Galveston, R19448, March 21, 2006; Ft. Bend Chiropractic and Rehabilitation, Sugar Land, R21704, March 21, 2006; El Paso Occupational Health Clinic, El Paso, R23824, March 21, 2006; Coit Chiropractic and Carpal Tunnel Center, Richardson, R25269, March 21, 2006; American Orthopedic, Dallas, R25578, March 21, 2006; Front Line Technologies, Inc., Pasadena, R26219, March 21, 2006; Lubbock Injury Rehabilitation, Lubbock, R26541, March 21, 2006; Jagruti Bhakta, D.M.D., San Antonio, R27980, March 21, 2006; Valenite, Inc., Gainesville, Z00389, March 21, 2006; Tarrant County Hospital District, Fort Worth, Z00490, March 21, 2006; Las Palmas Medical Center, El Paso, Z00590, March 21, 2006; Terabeam Corporation, Redmond, Washington, Z01540, March 21, 2006.

A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday - Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200602031

Cathy Campbell

General Counsel

Department of State Health Services

Filed: April 5, 2006

The Commissioner of Insurance will hold a public hearing under Docket No. 2639 on May 2, 2006, at 9:30 a.m. in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, to consider the Texas Windstorm Insurance Association's (TWIA) filing of proposed increases to the current maximum limits of liability for commercial and government buildings insured by the TWIA. The TWIA is requesting approval of changes in the liability limits from $1,907,000 to $3,000,000 for commercial buildings and corporeal movable property and from $2,192,000 to $3,000,000 for government buildings and corporeal movable property.

This notice is made pursuant to the Texas Insurance Code Article 21.49 §8D(e) and (g). Article 21.49 §8D(e) authorizes the TWIA board of directors to propose increases in the liability limits, which are additional to the statutorily authorized annual increases for inflation, as the board determines necessary to implement the purposes of Article 21.49. Article 21.49 §8D(g) requires notification and a hearing prior to the Commissioner's approval, disapproval, or modification of the TWIA's proposed adjustments to the liability limits.

A copy of TWIA's petition is available for review in the Office of the Chief Clerk, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. To request a copy of the petition, contact Sylvia Gutierrez at (512) 463-6327 (refer to Reference No. P-0306-05).

TRD-200602027

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 5, 2006

The Commissioner of Insurance will hold a public hearing under Docket No. 2640 on May 2, 2006 at 9:30 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, in Austin, Texas, to consider a petition by the Texas Windstorm Insurance Association (TWIA) requesting approval of (i) reinsurers to provide per risk reinsurance coverage to the TWIA policyholders and (ii) the payment to the TWIA that may be included in the total premium charged TWIA policyholders for per risk reinsured excess coverage, as authorized in the Insurance Code Article 21.49 §8E (added by Acts 1997, 75th Leg., ch. 642, §4). Section 8E authorizes the TWIA to issue a policy of windstorm and hail insurance that includes coverage for an amount in excess of the maximum limit of liability which is approved by the Commissioner pursuant to the Insurance Code Article 21.49 §8D.

Under the Insurance Code Article 21.49 §8E(a), the TWIA must obtain any reinsured excess coverage from reinsurers approved by the Commissioner. The Insurance Code Article 21.49 §8E(b) provides that the premium charged TWIA policyholders for the excess coverage shall be equal to the amount of the reinsurance premium charged to the TWIA by the reinsurers, plus any payment to the TWIA that is approved by the Commissioner.

The hearing is held pursuant to the Insurance Code Article 21.49 §5A which provides that the Commissioner, after notice and hearing, may issue any orders considered necessary to carry out the purposes of the Texas Windstorm Insurance Association Act, Insurance Code Article 21.49.

A copy of TWIA's petition and proposed per risk reinsurance agreement are available for review in the Office of the Chief Clerk, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. To request a copy of the petition and the proposed per risk reinsurance agreement, please contact Sylvia Gutierrez at (512) 463-6327 (refer to Reference No. P-0306-04).

TRD-200602028

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 5, 2006

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application for admission to Texas of WEYCO, INC., a foreign third party administrator. The home office is OKEMOS, MICHIGAN.

Application for admission to Texas of EBENEFITS INSURANCE AGENCY, LLC, a foreign third party administrator. The home office is LONGMONT, COLORADO.

Application for admission to Texas of DELTA DENTAL OF RHODE ISLAND (using the assumed name of ALTUS BENEFIT ADMINISTRATORS), a foreign third party administrator. The home office is PROVIDENCE, RHODE ISLAND,

Application for incorporation in Texas of ADAIR, MACCLELLEN, ALEXANDRIA AND ASSOCIATES, LLC (using the assumed name of AMA & ASSOCIATES), a domestic third party administrator. The home office is SAN ANTONIO, TEXAS.

Any objections must be filed within 20 days after this notice is published in the Texas Register , addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200602026

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 5, 2006

1.0 Name and Style of Game.

A. The name of Instant Game No. 699 is "WEEKLY GRAND". The play style for Game 1 is "yours beats theirs"; the play style for Game 2 is "key symbol match"; and the play style for Game 3 is "key symbol match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 699 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 699.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00, $4.00, $5.00, $10.00, $40.00, $100, $300, MONEY BAG SYMBOL, GOLD BAR SYMBOL, POT OF GOLD SYMBOL, TOP HAT SYMBOL, CLOVER SYMBOL, DIAMOND SYMBOL, and GRAND SYMBOL.

D. Play Symbol Caption - the printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

1.0 Name and Style of Game.

A. The name of Instant Game No. 732 is "WEEKLY GRAND". The play style for Game 1 is "yours beats theirs"; the play style for Game 2 is "key symbol match"; and the play style for Game 3 is "key symbol match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 732 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 732.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00, $4.00, $5.00, $10.00, $40.00, $100, $300, MONEY BAG SYMBOL, GOLD BAR SYMBOL, POT OF GOLD SYMBOL, TOP HAT SYMBOL, CLOVER SYMBOL, DIAMOND SYMBOL, and GRAND SYMBOL.

D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

A public hearing to receive public comments regarding proposed amendments to 16 TAC §402.102, relating to Bingo Advisory Committee, will be held on Monday, April 24, 2006, at 11:00 a.m. at the Texas Lottery Commission, Commission Auditorium, First Floor, 611 E. Sixth Street, Austin, Texas 78701. Persons requiring any accommodation for a disability should notify Michelle Guerrero, Executive Assistant to the General Counsel, Texas Lottery Commission at (512) 344-5113 at least 72 hours prior to the public hearing.

TRD-200601895

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 29, 2006

The Public Utility Commission of Texas (commission) received an application on March 29, 2006, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Application of Optical Entertainment Network, Inc. to Amend its State-Issued Certificate of Franchise Authority, Project Number 32565 before the Public Utility Commission of Texas.

Information on the application may be obtained by contacting 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 toll free at 1-800-735-2989. All inquiries should reference Project Number 32565.

TRD-200601982

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 3, 2006

The Public Utility Commission of Texas (commission) received an application on March 28, 2006, for a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Application of Charter Communications VI, LLC, doing business as Charter Communications, for a State-Issued Certificate of Franchise Authority, Project Number 32560 before the Public Utility Commission of Texas.

Applicant intends to provide cable service. The requested CFA service area footprint includes all or portions of the following municipalities: The Cities of Alma, Azle, Garrett, Port Aransas, Portland, Richland Springs, Sanctuary, and Tolar.

Information on the application may be obtained by contacting 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 toll free at 1-800-735-2989. All inquiries should reference Project Number 32560.

TRD-200601980

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 3, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on March 27, 2006, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of dPi Teleconnect, LLC for Retail Electric Provider (REP) certification, Docket Number 32547 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the entire state of Texas.

Persons wishing to comment upon 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 no later than April 21, 2006. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 32547.

TRD-200601979

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 3, 2006

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on March 30, 2006, for designation as an eligible telecommunications provider (ETP) under 47 U.S.C. § 214(e).

Docket Title and Number: Application of XIT Telecommunication and Technology, Ltd. for an Amendment to its Designation as an Eligible Telecommunications Provider (ETP) pursuant to P.U.C. Substantive Rule §26.417. Docket Number 32569.

The Application: The company is requesting ETP designation to add the Vega exchange to its designation.

Persons who wish to comment upon 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 no later than May 4, 2006. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 32569.

TRD-200601984

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 3, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on March 31, 2006, for an amendment to certificated service area boundaries within Cameron County, Texas.

Docket Style and Number: Application of the Brownsville Public Utilities Board (BPUB) to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within Cameron County (San Felipa Subdivision). Docket Number 32576.

The Application: The application encompasses an area of land which is singly certificated to American Electric Power Company (AEP), formerly known as Central Power & Light (CP&L), and is within the corporate limits of the City of Brownsville. BPUB received a letter request from John W. Drennan requesting BPUB to provide electric utility service to a proposed 20-acre subdivision. The estimated cost to BPUB to provide service to this proposed area is $70,585.69. The area is presently undeveloped. If the application is granted, the area would be dually certificated for electric service.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than April 21, 2006, 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 32576.

TRD-200602002

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 4, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a petition on March 28, 2006, for waiver of denial by the North American Numbering Plan Administration (NANPA) Pooling Administrator (PA) of Verizon Southwest's (Verizon) request for an additional NXX code to satisfy the business requirements of Peoples Wireless in the Hawkins, Texas area.

Docket Title and Number: Petition of Verizon Southwest for Waiver of Denial of Numbering Resources. Docket Number 32563.

The Application: Verizon requested an additional NXX code to satisfy the business requirements of Peoples Wireless in the Hawkins, Texas area.

Persons who wish to comment upon 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 no later than April 19, 2006. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 32563.

TRD-200601924

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 30, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a petition on March 29, 2006, for waiver of denial by the North American Numbering Plan Administration (NANPA) Pooling Administrator (PA) of Southwestern Bell Telephone, L.P., doing business as AT&T Texas' (AT&T), request for additional numbering resources on behalf of its customer, Cancer Therapy & Research Center.

Docket Title and Number: Request for Waiver of Denial of Numbering Resources - San Antonio Rate Center. Docket Number 32568.

The Application: AT&T requested a full code of 10,000 consecutive numbers to satisfy its customer's request in the San Antonio Rate Center.

Persons who wish to comment upon 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 no later than April 19, 2006. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 32568.

TRD-200601983

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 3, 2006

Pursuant to Senate Bill (SB) 408, Section 13, 79th Legislature, the Public Utility Commission of Texas (commission) has established a project to review and evaluate telecommunications carriers' reporting requirements with the purpose of creating a report for the Legislature, due on September 30, 2006. This project has been assigned Project Number 32460. The purpose of the commission's review is to evaluate the usefulness of the information collected from telecommunications carriers, determine whether reports contain duplicative information, and ascertain whether any requirements can be changed to make the reporting process more efficient. In addition, the commission will make recommendations regarding the necessity of the reports, determine whether requirements related to reports can be changed for greater efficiency, and provide a plan of action for commission rulemaking activity related to revisions affecting the reports. Furthermore, the commission will provide the Legislature with a recommendation and summary regarding any reporting requirements that will require statutory action.

The commission requests interested parties and affected persons, as that term is defined by Public Utility Regulatory Act §11.003, to file comments to the following questions:

1. If comments are filed on behalf of an entity subject to the PUC's regulatory jurisdiction, please indicate your company's regulatory status ( i.e. , PURA §52, §58, §59, or §65).

2. If applicable, please provide a table that lists all reports required by statute or commission rule that your company currently files with the commission. Include the following information:

a. name of report;

b. project number under which it is filed (if applicable);

c. filing occurrence ( i.e. , annual, quarterly, etc.) and due dates; and

d. statutory or rule obligation under which the report is filed.

3. Please provide a list of any reports or portions of reports required by statute or commission rule that you believe to be duplicative of information included in a different report and include the following information:

a. specific description of the information that is duplicative and an explanation of why you believe it is; and

b. your recommendation for elimination, consolidation, or streamlining that will correct the duplication of information.

4. Please provide a list of any reports required by statute or commission rule that you believe should be eliminated and include the following information:

a. An explanation of why the report should be eliminated; and

b. your recommendation regarding the appropriate action to eliminate the reporting requirement ( i.e. , commission rulemaking, legislative action, or consolidation with another report, etc.

5. Please identify which reports that are currently required by statute or commission rule that are necessary to the industry's or the commission's activities and include the following information:

a. an explanation of why the report is necessary; and

b. your discussion of any negative ramifications that would occur if the report is eliminated or altered from its current format.

6. Should reporting requirements for a transitioning PURA §65 company be different than those for PURA §52, §58, and §59 companies? Please provide your reasoning and recommendations of which reports should apply to these categories.

Responses may be filed by submitting 16 copies to the commission's filing clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 within 20 calendar days of the publication of this notice. All responses should reference Project Number 32460. The commission requests comments be limited to 25 pages, exclusive of attachments. Reply comments may be filed within 25 calendar days of the notice of this publication. The commission requests that reply comments be limited to 10 pages, exclusive of attachments.

A workshop will be held on Tuesday, May 16, 2006, at 9:30 a.m. in the Commissioners' Hearing Room located on the seventh floor of the William B. Travis State Office Building, 1701 Congress Avenue, Austin, Texas 78701.

Questions concerning this notice should be referred to Janis Ervin, Senior Policy Specialist, Infrastructure Reliability Division, at (512) 936-7372. Hearing and speech-impaired individuals with text telephones may contact the commission at (512) 936-7136.

TRD-200602004

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 4, 2006

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding the study to determine whether Title 2, Utilities Code, of the Public Utilities Regulatory Act (PURA) adequately preserves customer choice in Internet-enabled applications employed in association with broadband services. The workshop is scheduled on Tuesday, June 13, 2006, at 10:00 a.m. in the Commissioner's Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. This matter has been assigned Project Number 32527, and styled Pursuant to Senate Bill 5 - Study to Determine Whether Title 2, Utilities Code Adequately Preserves Customer Choice in the Internet Enabled Applications Associated with Broadband Service (Network Neutrality) . This project originated pursuant to Senate Bill (SB) 5, 79th Legislature - 2nd Called Session.

The relevant section of SB 5 states:

" SECTION 30 - The Public Utility Commission of Texas shall conduct a study to determine whether Title 2, Utilities Code, adequately preserves customer choice in the Internet-enabled applications employed in association with broadband service and shall report its conclusions and recommendations to the legislature not later than January 1, 2007. The study must include consultation with and comment from all interested parties."

Prior to the workshop, the commission requests all interested persons to file comments concerning the following:

1. Please identify any provisions in the current Title 2, Utilities Code, which you believe address the preservation of customer choice in Internet-enabled applications employed in association with broadband service.

(a) If you cite any provisions that you believe address this issue, please state if you believe they adequately preserve customer choice and what makes such provisions adequate preservation of customer choice.

(b) If you do not believe any such provisions exist, please state what provisions (if any) you believe should be added and why they should be added. Please also explain how and why any such added provisions will adequately preserve customer choice.

2. Does the term "customer choice" as used in SB 5, Section 30, apply to end user customers exclusively or does it also apply to wholesale customer choice? Please provide an explanation as to the basis for reasoning that customer choice applies to end users only, or both end users and wholesale customers.

3. Does Title 2, Utilities Code, define or describe "customer choice"? If yes, please cite where. If not, how should the question of what is adequate customer choice be determined?

4. The United States Senate (U. S. Senate) Commerce, Science, and Transportation Committee Hearing on February 7, 2006, included the following "network neutrality" topics:

(a) end-user access to and use of the internet;

(b) content provider access to and use of the internet;

(c) broad-band carrier control over the internet;

(d) competition among network providers;

(e) funding of broadband deployment;

(f) open and interconnected nature of the internet;

Please identify and discuss which issues listed in (a) - (f) above you believe are relevant to, and are substantially the same as those properly addressed by this study and why. For any of the issues listed above as discussed at the U. S. Senate Committee Hearing, please identify and discuss which issues you believe are substantially different from the topics of this study, and why or how they differ.

5. What interactions exist between Federal jurisdiction on this topic and the authority of states to pass laws regarding the issue?

6. Please identify any additional customer choice or "network neutrality" issues the commission should consider and explain why these issues should be included in this study and report.

Responses should be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 within 30 days of the date of publication of this notice. Reply comments should be filed under the same guidelines as initial responses and should be filed within 45 days of the date of publication of this notice. All responses should reference Project Number 32527. The commission requests comments and reply comments be limited to 25 pages.

By Thursday, June 8, 2006, the commission shall make available in Central Records under Project Number 32527 an agenda for the format of the workshop.

The commission requests that persons planning on attending the workshop register by phone with Isabel Herrera, Communications Oversight Division, at (512) 936-7205.

Questions concerning the workshop or this notice should be referred to Larry D. Barnes, Communications Industry Oversight Division, at (512) 936-7336. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200602007

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 4, 2006