The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 26, 2007 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 26, 2007 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing .

(1) COMPANY: Anh Ma dba 1.25 One Price Cleaners; DOCKET NUMBER: 2006-0851-DCL-E; TCEQ ID NUMBER: RN104968128; LOCATION: 302 Grapevine Highway, Number 306, Hurst, Tarrant County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.10(a), and Texas Health and Safety Code (THSC), §374.102, by failing to complete and submit the required registration form to the TCEQ for the facility; PENALTY: $1,185; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Derek Wasson dba Corner Mart Grocery & Station; DOCKET NUMBER: 2006-0419-PST-E; TCEQ ID NUMBER: RN101447092; LOCATION: 1001 Highway 59 North, Queen City, Cass County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(4), and Texas Water Code (TWC), §26.3475(d), by failing to inspect and test the corrosion protection system for operability and adequacy of protection at a frequency of a least once every three years; 30 TAC §334.50(b)(1)(A), and TWC, §26.3475(c)(1), by failing to monitor underground storage tanks (USTs) for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.50(d)(1)(B)(ii), and TWC, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records at least once each month sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the month plus 130 gallons; 30 TAC §334.8(c)(5)(B)(ii), by failing to timely renew a previously issued TCEQ delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date of the delivery certificate; 30 TAC §334.8(c)(5)(A)(i), and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs at the facility; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube according to the UST registration and self-certification form; and 30 TAC §334.45(c)(3)(A), by failing to properly install and maintain a secure anchor at the base of each UL-listed emergency shutoff valve in a piping system in which regulated substances are conveyed under pressure to an aboveground dispensing unit; PENALTY: $35,700; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(3) COMPANY: Houston Precast, Inc.; DOCKET NUMBER: 2006-0836-AIR-E; TCEQ ID NUMBER: RN104960497; LOCATION: 11393 Sleepy Hollow Road, Conroe, Montgomery County, Texas; TYPE OF FACILITY: specialty concrete batch plant; RULES VIOLATED: 30 TAC §116.110(a)(2)(A), and THSC, §382.085(b), and §382.0518(a), by failing to obtain authorization prior to constructing and operating a specialty concrete batch plant; PENALTY: $30,000; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Jose Cisneros and Edgar Cisneros; DOCKET NUMBER: 2006-0508-MLM-E; TCEQ ID NUMBER: RN104549118; LOCATION: seven miles west of Alice, Texas, on County Road 147, 1 1/2 miles south of Highway 44, Jim Wells County, Texas; TYPE OF FACILITY: non-permitted municipal solid waste site; RULES VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with the prohibition on outdoor burning; and 30 TAC §330.15(c), by failing to prevent the disposal of municipal solid waste at an unauthorized site; PENALTY: $2,100; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

TRD-200700129

Mary Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 18, 2007

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 26, 2007 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 26, 2007 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO shall be submitted to the commission in writing .

(1) COMPANY: AGA Enterprises, Inc. dba Chevron Food Mart 2; DOCKET NUMBER: 2006-0299-PST-E; TCEQ ID NUMBER: RN102043023; LOCATION: 6892 Farm-to-Market Road 1130, Orange, Orange County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.51(b)(2)(C), and Texas Water Code (TWC), §26.3475(c)(2), by failing to install overfill prevention equipment on the underground storage tank (UST) system; 30 TAC §334.50(b)(1)(A), and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); and 30 TAC §334.50(d)(1)(B)(ii), and TWC, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records at least once a month, sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the month plus 130 gallons; PENALTY: $2,625; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(2) COMPANY: Alishan, Inc. dba Super Stop 16; DOCKET NUMBER: 2005-1477-PST-E; TCEQ ID NUMBER: RN101923399; LOCATION: 1165 South 11th Street, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(a)(1)(A); and TWC, §26.3475(c)(1), by failing to provide a method of release detection which was capable of detecting a release from any portion of the UST system which contained regulated substances including the tanks, piping and other underground ancillary equipment; 30 TAC §334.50(b)(2)(A)(i)(III); and TWC, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.50(d)(1)(B)(ii); and TWC, §26.3475(c)(1), by failing to reconcile inventory control records at least once each month, sufficiently accurate to detect a release as small as 1.0% of the total substance flow through for the month plus 130 gallons; 30 TAC §115.245(2); and Texas Health and Safety Code (THSC), §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months; 30 TAC §115.242(3), (3)(A), and (3)(J); and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition as specified by California Air Resources Board (CARB) Executive Order(s), and free of defects that would impair the effectiveness of the system; 30 TAC §334.50(d)(9)(A)(iii), and §334.72, by failing to notify the commission within 24 hours of a suspected release when statistical inventory report analysis results were Fail or Inconclusive; 30 TAC §334.74, by failing to conduct release investigation and confirmation steps within 30 days of discovery of a suspected release; 30 TAC §115.246(1); and THSC, §382.085(b), by failing to maintain for review a copy of the facility's CARB Executive Order; 30 TAC §334.51(b)(2)(C); and TWC, §26.3475(c)(2), by failing to equip the diesel tank with a valve or other appropriate device designed to either automatically shut off the flow or restrict the flow of regulated substances into the tank when the liquid level in the tank reached a preset level; and 30 TAC §334.45(c)(3)(A), by failing to have a functioning UL-listed emergency shutoff valve; PENALTY: $17,550; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(3) COMPANY: AT Systems Southwest, Inc.; DOCKET NUMBER: 2005-1402-PST-E; TCEQ ID NUMBER: RN101544641; LOCATION: 2311 Motor Street, Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $2,100; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: City of Anson; DOCKET NUMBER: 2005-1586-MWD-E; TCEQ ID NUMBER: RN103137998; LOCATION: 1202 Commercial Avenue, Anson, Jones County, Texas; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.126(a); and Water Quality Permit No. 10500-002, Section III, Part VII, Standard Provision Number 7, by failing to obtain the necessary authorization to commence construction of additional wastewater treatment and/or collection facilities when the daily average flow reached 90% of the daily average flow limit; 30 TAC §305.125(1), and Water Quality Permit No. 10500-002, Section III, Requirements Applying to All Sewage Sludge Disposed in a Municipal Solid Waste Landfill, Provision D, by failing to test sludge at least once during the term of the permit in accordance with the method specified in 40 Code of Federal Regulations (CFR) §261, Appendix II; 30 TAC §305.125(1), and Water Quality Permit No. 10500-002, Effluent Limitations and Monitoring Requirements, by failing to limit the 30-day average effluent flow to 0.275 million gallons per day from the treatment system; 30 TAC §305.125(1) and Water Quality Permit No. 10500-002, Section III, Part VI, Special Provision Number 7, by failing to maintain holding ponds that conform to the TCEQ Design Criteria for Sewerage Systems, and by failing to maintain a minimum of two feet of free board around the stabilization ponds; 30 TAC §305.125(1), and Water Quality Permit No. 10500-002, Section III, Part VI, Special Provision Number 8, by failing to obtain and analyze representative soil samples from the root zones of the disposal site; 30 TAC §305.125(1), and Water Quality Permit No. 10500-002, Section III, Part VI, Special Provision Number 4, by failing to utilize irrigation practices that prevent ponding of effluent or contamination of ground and surface waters; and 30 TAC §305.125(1), and Water Quality Permit No. 10500-002, Section III, Requirements Applying to All Sewage Sludge Disposed in a Municipal Solid Waste Landfill, Provision G, by failing to submit an annual sludge report by September 1, 2003 to the TCEQ; PENALTY: $7,875; STAFF ATTORNEY: Mark Curnutt, Litigation Division, MC 175, (512) 239-0624; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(5) COMPANY: Five Star Legacy, Inc. dba Bell Cleaners; DOCKET NUMBER: 2006-0995-DCL-E; TCEQ ID NUMBER: RN104984927; LOCATION: Northlake Shopping Center on Highway 274, Kemp, Kaufman County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for a dry cleaning and/or drop station facility; and 30 TAC §337.14(c) and TWC, §5.702, by failing to pay outstanding dry cleaner registration fees for TCEQ Financial Account No. 24001353 for Fiscal Year 2006; PENALTY: $1,185; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Jaspal Singh dba RK Mart; DOCKET NUMBER: 2004-0535-PST-E; TCEQ ID NUMBERS: RN102957636; LOCATION: 3805 Lee Street, Greenville, Hunt County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(a)(1)(A), §334.50(b)(1)(A), and (b)(2)(A)(i)(III); and TWC, §26.3475(a) and (c)(1), by failing to provide a proper release detection method capable of detecting a release from any portion of the UST system; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a non-removable point in the immediate area of the fill tube according to the UST registration and self-certification form; and 30 TAC §334.10(b), by failing to develop and maintain all the required records for review; PENALTY: $5,600; STAFF ATTORNEY: James Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Lakeport Development, Inc.; DOCKET NUMBER: 2003-0971-PST-E; TCEQ ID NUMBER: RN102024577; LOCATION: Highway 322 and Highway 149, Longview, Gregg County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.72(3), by failing to report to the commission a suspected release from a UST within 24 hours of discovery of the suspected release; and 30 TAC §334.74, by failing to conduct release investigation and confirmation steps within 30 days of discovery of a suspected release; PENALTY: $9,900; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(8) COMPANY: Michael Conlin; DOCKET NUMBER: 2005-0919-MSW-E; TCEQ ID NUMBER: RN104523063; LOCATION: 6820 Kiwanis Club Road, Silsbee, Hardin County, Texas; TYPE OF FACILITY: residential property; RULES VIOLATED: 30 TAC §324.4(2)(B), THSC, §371.041, and 40 CFR §279.12, by failing to prevent the unauthorized discharge of used oil to soil at the site; PENALTY: $1,000; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(9) COMPANY: MZEE, Inc. dba Key Truck Stop; DOCKET NUMBER: 2004-0285-PST-E; TCEQ ID NUMBER: RN101249498; LOCATION: 17124 I-10 East Channelview, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.242(3) and (3)(H), and §115.245(2), and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper condition; 30 TAC §334.48(c), and §334.50(d)(1)(B)(ii), and TWC, §26.3475(a), by failing to properly record inventory volume measurements for regulated substance inputs, withdrawals, and the amount remaining in the tank each operational day, and failing to conduct proper reconciliation of detailed inventory control records on a monthly basis; and 30 TAC §334.50(b)(1)(A) and (b)(2)(A)(i), and TWC, §26.3475(a), by failing to equip the product lines with an automatic line leak detector and monitor the USTs for releases at a frequency of at least once every month; PENALTY: $5,775; STAFF ATTORNEY: James Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: R. Master & Sons, Inc. dba Get & Go; DOCKET NUMBER: 2004-1809-PST-E; TCEQ ID NUMBER: RN101733533; LOCATION: 717 Half League Street, Port Lavaca, Calhoun County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $1,600; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

TRD-200700128

Mary Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 18, 2007

Notice of Public Hearings on Proposed Revisions to 30 TAC Chapter 114 and to the State Implementation Plan

The Texas Commission on Environmental Quality will conduct public hearings to receive testimony concerning revisions to §114.318 of 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 amendment to §114.318 would extend the December 31, 2006, expiration date of all alternative emission reduction plans approved by the executive director prior to December 16, 2005, by one year to December 31, 2007, and would apply the new expiration date to all alternative emission reduction plans approved by the executive director prior to May 17, 2006.

The commission will hold public hearings on this proposal at the following times and locations: February 15, 2007, 2:00 p.m., Arlington City Hall Council Chambers, 101 W. Abrams Street, Arlington; February 20, 2007, 2:30 p.m., Council Chambers, City Hall Annex, First Floor, 900 Bagby Street, Houston; and February 22, 2007, 10:00 a.m., Texas Commission on Environmental Quality, Building E, Room 201S, 12100 Park 35 Circle, Austin. The hearings will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearings. Individuals may present oral statements when called upon in order of registration. A time limit may be established at each hearing to assure that enough time is allowed for every interested person to speak. There will be no open discussion during the hearings; however, commission staff members will be available to informally discuss the proposal 30 minutes before the hearings.

Persons who have special communication or other accommodation needs who are planning to attend the hearings should contact Jennifer Stifflemire, Air Quality Division, at (512) 239-0573.

Comments may be submitted to Patricia Durón, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www.5.tceq.state.tx.us.rules/ecomments . All comments should reference Rule Project Number 2007-007-114-EN. The comment period closes March 2, 2007. Copies of the proposed rule 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 Morris Brown, Air Quality Division, at (512) 239-1438.

TRD-200700102

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: January 11, 2007

Notice of Public Hearings on Proposed Revisions to 30 TAC Chapter 115 and to the State Implementation Plan

The Texas Commission on Environmental Quality will conduct public hearings to receive testimony concerning revisions to §115.247 of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, 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 amendment to §115.247 would exempt facilities used exclusively for the initial fueling and/or re-fueling of vehicles equipped with onboard refueling vapor recover equipment from Stage II requirements in Chapter 115.

The commission will hold public hearings on this proposal in Austin on February 27, 2007, at 2:00 p.m. at the Texas Commission on Environmental Quality Complex located at 12100 Park 35 Circle in Building F, Room 2210; and in Arlington on February 28, 2007, at 2:00 p.m. at the City of Arlington Council Chambers located at 101 West Abrams Street. The hearings will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearings. Individuals may present oral statements when called upon in order of registration. A time limit may be established at each hearing to assure that enough time is allowed for every interested person to speak. There will be no open discussion during the hearings; however, commission staff members will be available to informally discuss the proposal 30 minutes before the hearings.

Persons who have special communication or other accommodation needs who are planning to attend the hearings should contact Jennifer Stifflemire, Air Quality Division, at (512) 239-0573.

Comments may be submitted to Patricia Durón, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www.5.tceq.state.tx.us.rules/ecomments . All comments should reference Rule Project Number 2006-049-115-EN. The comment period closes March 15, 2007. Copies of the proposed rule 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 Koy Howard, Air Quality Division, at (512) 239-2306.

TRD-200700104

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: January 11, 2007

Texas Health and Human Services Commission

Notice of Adopted Reimbursement Rates for Large, State-operated Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR)

Adopted Rates. As the single state agency for the state Medicaid program, the Texas Health and Human Services Commission (HHSC) has adopted the following interim per diem reimbursement rates for large, state-operated Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR), including state schools operated by the Texas Department of Aging and Disability Services (DADS): $345.87 for Medicaid-only clients; and $338.59 for clients who are dually eligible for assistance through the Medicaid and Medicare programs. The adopted rates are effective September 1, 2006.

HHSC conducted a hearing on November 6, 2006, to receive public comment on the proposed reimbursement rates. The hearing was held in accordance with Title 1 of the Texas Administrative Code (TAC) §355.105(g), which requires that public hearings be held on proposed reimbursement rates before such rates are approved by HHSC. Notice of the hearing was published in the October 20, 2006, issue of the Texas Register (31 TexReg 8764).

Methodology and justification. The adopted rates were determined in accordance with the rate setting methodology codified at 1 TAC Chapter 355, Subchapter D, §355.456(f), relating to Reimbursement Rates.

TRD-200700122

Wendy Pellow

Assistant General Counsel

Texas Health and Human Services Commission

Filed: January 18, 2007

Notice of Hearing on Proposed Provider Reimbursement Rate

Hearing. The Texas Health and Human Services Commission (HHSC) will hold a public hearing on February 14, 2007, at 2:00 p.m. to receive comments from interested persons on a proposed interim Medicaid reimbursement rate applicable to small, state-operated Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR), including bond homes, group homes and community centers operated by the Texas Department of Aging and Disability Services (DADS). The public hearing will be held in the Lone Star Conference Room at HHSC's Braker Center office located at 11209 Metric Boulevard, Building H, Austin, Texas. The public hearing will be held in compliance with Title 1 of the Texas Administrative Code §355.105(g), which requires that public hearings be held on proposed reimbursement rates before such rates are approved by HHSC. Persons with disabilities who wish to attend the public hearing and who require auxiliary aids or services should contact Irene Cantu by telephone at (512) 491-1358 by February 7, 2007, so that accommodations can be arranged.

Written and oral comments. Written comments about the proposed interim reimbursement rate may be submitted to HHSC until 5:00 p.m. on February 14, 2007, in lieu of or in addition to oral comments presented at the public hearing. Written comments may be hand-delivered or sent by U.S. mail, special delivery mail or overnight express to the attention of Irene Cantu, HHSC Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas, 78758-4021. Alternatively, written comments may be sent via facsimile to Ms. Cantu's attention at (512) 491-1998.

Briefing package. Copies of the briefing package about the proposed interim reimbursement rate will be available at the hearing. Persons interested in receiving a briefing package before the hearing may contact Irene Cantu by telephone at (512) 491-1358, by facsimile at (512) 491-1998, by email at irene.cantu@hhsc.state.tx.us, or by mailing a request to HHSC Rate Analysis, P.O. Box 85200, Mail Code H-400, Austin, Texas 78708-5200.

Proposal. As the single state agency for the state Medicaid program, HHSC proposes the following interim reimbursement rate for small, state-operated ICF/MR:

Small, State-Operated ICF/MR - Medicaid clients Proposed interim daily rate - $188.30

HHSC is proposing this interim rate so that adequate funds will be available to serve clients in these facilities. The proposed interim rate accounts for the actual cost to operate these facilities. The proposed interim rate will be effective September 1, 2006, if approved.

Methodology and justification. The proposed rate was determined in accordance with the rate setting methodology codified at 1 Texas Administrative Code Chapter 355, Subchapter D, §355.456(f), relating to Reimbursement Rates.

TRD-200700121

Wendy Pellow

Assistant General Counsel

Texas Health and Human Services Commission

Filed: January 18, 2007

Notice of Hearing on Proposed Provider Reimbursement Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will hold a public hearing on February 12, 2007, at 9:00 a.m. to receive comments from interested persons on proposed Medicaid reimbursement rates applicable to providers of Home and Community-based Services (HCS) and to the Texas Home Living (TxHmL) Program. The public hearing will be held in the Lone Star Conference Room at HHSC's Braker Center office located at 11209 Metric Boulevard, Building H, Austin, Texas. The public hearing will be held in compliance with Title 1 of the Texas Administrative Code (TAC) §355.105(g), which requires that public hearings be held on proposed reimbursement rates before HHSC approves such rates. Persons with disabilities who wish to attend the public hearing and who require auxiliary aids or services should contact Ms. Irene Cantu by telephone at (512) 491-1358 by February 5, 2007, so that appropriate arrangements can be made.

Written and oral comments. Written comments about the proposed reimbursement rates may be submitted until 5:00 p.m. on February 12, 2007, in lieu of or in addition to oral comments presented at the public hearing. Written comments may be hand-delivered or sent by U.S. mail or overnight express to the attention of Irene Cantu, HHSC Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be sent via facsimile to Ms. Cantu's attention at (512) 491-1998.

Briefing package. A reimbursement rate briefing package describing the proposed reimbursement rates will be available, upon request, no later than January 29, 2007. Interested persons may request a copy of the briefing package by contacting Irene Cantu by telephone at (512) 491-1358. Briefing packages also will be available at the hearing.

Methodology and justification. The proposed rates were determined in accordance with the rate setting methodology codified at 1 Texas Administrative Code Chapter 355, Subchapter F, §355.723, Reimbursement Methodology for Home and Community-Based Services (HCS), and §355.791, Reporting Costs and Reimbursement Methodology for the Texas Home Living (TxHmL) Program. The proposed rates will be effective on March 1, 2007, if approved, and will result in rates to support the implementation of the consumer-directed services option in those programs.

TRD-200700123

Wendy Pellow

Assistant General Counsel

Texas Health and Human Services Commission

Filed: January 18, 2007

Texas Department of Housing and Community Affairs

Notice of Public Hearing Multifamily Housing Revenue Bonds (Summit Point Apartments) Series 2007

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Green Valley Elementary, 13350 Woodforest Boulevard, Houston, Harris County, Texas 77015, at 6:00 p.m. on February 15, 2007, with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $12,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Summit Point Apartments, Ltd., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, rehabilitating, and equipping a multifamily housing development (the "Development") described as follows: 291-unit multifamily residential rental development to be located at 333 Uvalde Road, Harris County, Texas. Upon the issuance of the Bonds, the Development will be owned by the Borrower.

All interested parties are invited to attend such public hearing to express their views with respect to the Development and the issuance of the Bonds. Questions or requests for additional information may be directed to Teresa Morales at the Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, TX 78711-3941; (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Teresa Morales in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Teresa Morales prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Teresa Morales at least three days prior to the hearing date. Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

Individuals who require auxiliary aids in order to attend this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at (800) 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200700101

Michael G. Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 11, 2007

Texas Lottery Commission

Instant Game Number 758 "Ultimate Vegas Getaway"

1.0 Name and Style of Game.

A. The name of Instant Game No. 758 is "ULTIMATE VEGAS GETAWAY". The play style is for GAME 1 is "key number match with auto win". The play style for GAME 2 is "match 3".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 758 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 758.

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: $2.00, $5.00, $10.00, $20.00, $50.00, $100, $500, $20,000, TRIP, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, AIRPLANE SYMBOL, CHERRY SYMBOL, LEMON SYMBOL, STACK OF BILLS SYMBOL, HORSE SHOE SYMBOL, SHAMROCK SYMBOL, POT OF GOLD SYMBOL, GOLD BAR SYMBOL and BELL 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:

Figure 1: GAME NO. 758 - 1.2D

E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 758 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

G. Low-Tier Prize - A prize of $2.00, $5.00, $10.00 or $20.00.

H. Mid-Tier Prize - A prize of $30.00, $50.00, $100 or $500.

I. High-Tier Prize - A prize of TRIP or $20,000.

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (758), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 758-0000001-001.

L. Pack - A pack of "ULTIMATE VEGAS GETAWAY" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Tickets 001 will be shown on the front of the pack; the back of ticket 125 will be revealed on the back of the pack. All packs will be tightly shrink-wrapped. There will be no breaks between the tickets in a pack. Every other book will reverse i.e., reverse order will be: the back of ticket 001 will be shown on the front of the pack and the front of ticket 125 will be shown on the back of the pack.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "ULTIMATE VEGAS GETAWAY" Instant Game No. 758 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "ULTIMATE VEGAS GETAWAY" Instant Game is determined once the latex on the ticket is scratched off to expose 54 (fifty-four) Play Symbols. For GAME 1, if a player matches any of YOUR NUMBERS play symbols to either of the VEGAS NUMBERS play symbols, the player wins the prize shown for that number. If a player reveals an "AIRPLANE" symbol, the player wins a dream trip to LAS VEGAS. For GAME 2, if a player reveals three (3) matching play symbols in any one PULL, the player wins prize shown for that PULL. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 54 (fifty-four) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 54 (fifty-four) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 54 (fifty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 54 (fifty-four) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets within a book will not have identical patterns.

B. Players can win up to eighteen (18) times in this game.

C. GAME 1: No duplicate non-winning YOUR NUMBERS on a ticket.

D. GAME 1: Non-winning prize symbols will not match a winning prize symbol on a ticket.

E. GAME 1: No duplicate VEGAS NUMBERS will appear on a ticket.

F. GAME 1: The "plane" symbol will never appear as a VEGAS NUMBER.

G. GAME 1: The "plane" symbol will never appear on non-winning tickets.

H. GAME 1: The "plane" symbol will win a trip to Las Vegas, and will win as per the prize structure.

I. GAME 1: When it appears, the "plane" symbol will always be accompanied by the prize symbol "TRIP".

J. GAME 1: The "plane" symbol and "TRIP" prize will only appear in GAME 1.

K. GAME 1: The prize "TRIP" will only appear with the "plane" symbol.

L. GAME 1: A YOUR NUMBER play symbol will never equal the corresponding Prize symbol (i.e. 5 and $5).

M. GAME 1: A non-winning prize symbol will not appear more than 2 (two) times on a ticket.

N. GAME 2: The Play area consists of twenty-four (24) play symbols and eight (8) PRIZE symbols.

O. GAME 2: There will never be three (3) identical symbols in a vertical or diagonal line.

P. GAME 2: No prize amount will appear more than two (2) times in this play area except as required on multiple win tickets.

Q. GAME 2: Non-winning tickets will never contain more than three (3) of the same play symbols over the entire play area.

R. GAME 2: Consecutive non-winning tickets within a book will not have identical PULLS. For instance if the first ticket contains CHERRIES, CROWN, POT OF GOLD in any PULL then the next ticket may not contain CHERRIES, CROWN and POT OF GOLD in any row in any order.

S. GAME 2: Non-winning tickets will not have identical games. For example if PULL 1 is CHERRIES, CROWN, and POT OF GOLD then PULL 2 through PULL 8 will not contain CHERRIES, CROWN, and POT OF GOLD in any order.

T. GAME 2: Winning tickets will contain three (3) like Play Symbols in a horizontal row.

U. GAME 2: Wins will be distributed approximately evenly over PULLs 1-8.

V. GAME 2: Players can win up to eight (8) times in this play area.

W. GAME 2: On winning tickets, non-winning games will have different prize amounts from the winning prize amounts in this play area.

2.3 Procedure for Claiming Prizes.

A. To claim a "ULTIMATE VEGAS GETAWAY" Instant Game prize of $2.00, $5.00, $10.00, $20.00, $30.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00, $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "ULTIMATE VEGAS GETAWAY" Instant Game prize of TRIP or $20,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "ULTIMATE VEGAS GETAWAY" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General;

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "ULTIMATE VEGAS GETAWAY" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "ULTIMATE VEGAS GETAWAY" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 10,080,000 tickets in the Instant Game No. 758. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 758- 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 758 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 758, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200700132

Kimberly Kiplin

General Counsel

Texas Lottery Commission

Filed: January 18, 2007

Public Utility Commission of Texas

Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On January 8, 2007, Matrix Telecom, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60108. Applicant intends to reflect a change in type of provider.

The Application: Application of Matrix Telecom, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 33715.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than January 31, 2007. 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 33715.

TRD-200700117

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 12, 2007

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 9, 2007, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Telecom Management, Inc. d/b/a Pioneer Telephone for a Service Provider Certificate of Operating Authority, Docket Number 33717 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, T1-Private Line, Fractional T1, and long distance services.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by AT&T Texas, Verizon Southwest, and Sprint - United Telephone.

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 January 31, 2007. 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 33717.

TRD-200700118

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 12, 2007

Texas Department of Transportation

Request for Proposals for Aviation Engineering Services - Hutchinson County Airport

Hutchinson County, through its agent, the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation engineering design services described below:

Airport Sponsor: Hutchinson County, Hutchinson County Airport, TxDOT CSJ No.:0604BORGE. Scope: Provide engineering/design services to install 21,000 linear feet of deer proof fencing.

The HUB goal is race neutral. TxDOT Project Manager is Russell Deason.

To assist in your proposal preparation the most recent Airport Layout Plan and 5010 drawing are available online by selecting ''Hutchinson County Airport'' at:

http://www.txdot.gov/avn/avninfo/notice/consult/index.htm