IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Coastal Coordination Council Notice and Opportunity to Comment on Memorandum of Understanding The Coastal Coordination Council (Council) is publishing a proposed Memorandum of Understanding (MOU) with the U.S. Army Corps of Engineers (Corps) regarding Council review of Corps permits for consistency with the Texas Coastal Management Program. The Council is soliciting public comment on the proposed MOU in its entirety. However, the Council specifically requests comments on (1) the provision in Section VII, Final Council Action, in which the Council agrees to expedite review so that permit applicants can receive a response from the Council in the shortest time possible, and (2) the provision in Section V, Consistency Concurrence or Objection, under which the Council must follow Chapter 506 of its procedural rules in the event notice of the Council's election to follow Chapter 505 is not sent to the Corps and the permit applicant in a timely manner. Interested parties should submit comments by 5:00 p.m. on February 24, 1997, to Ms. Janet Fatheree, Council Secretary, General Land Office, 1700 North Congress, Suite 617, Austin, Texas 78701-1495. Memorandum of Understanding I.INTRODUCTION Parties and Responsibilities This Memorandum of Understanding (MOU) is entered into by the Coastal Coordination Council (Council) and the United States Army Corps of Engineers (Corps). The Corps regulates the discharge of dredged or fill material into waters of the United States by authority of sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.1251-1387) and also regulates work and the placement of structures in navigable waters of the United States by authority of sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. sec.403). The Council administers the Texas Coastal Management Program (CMP), which is codified at 31 TAC Chapters 501, 503, 505, and 506. The Council is chaired by the commissioner of the General Land Office (GLO) and includes members of the Railroad Commission of Texas (RRC) and the State Soil and Water Conservation Board, the chairs of the Texas Natural Resource Conservation Commission (TNRCC), Texas Parks & Wildlife Commission, Texas Transportation Commission, and Texas Water Development Board, and four public members appointed by the governor to represent coastal residents, local governments, business, and agriculture. Under the Coastal Coordination Act (the Act), Chapter 33, Subchapter F, TEXAS NATURAL RESOURCE CODE ANNOTATED, the GLO is directed to assist the Council in carrying out its duties. The CMP took effect on January 10, 1997, when National Oceanic and Atmospheric Administration (NOAA) approval of the CMP under the federal Coastal Zone Management Act (CZMA) (16 U.S.C.A. sec.sec.1451-1464) was published (62 Federal Register pp. 1439-1440). Section 307 of the CZMA provides that the Corps may not issue a permit for an activity affecting land or water uses or natural resources of Texas' coastal zone unless the state has concurred, either affirmatively or by default, with the applicant's certification that the activity to be permitted will be consistent with the CMP goals and policies in Chapter 501. The Corps of Engineers' Galveston District is responsible for the entire Texas coastal zone. State Consistency Review Procedures Under the Act, the state evaluates the consistency of activities authorized by Corps permits using either one of two processes. The first process is in 31 TAC Chapter 505 and the second is in 31 TAC Chapter 506. Under both processes, a prerequisite for objecting to the consistency of an activity is that three Council members agree that there is a significant consistency issue and place the matter on the agenda of a Council meeting for formal action. Section 404 permit activities are subject to review under both Chapter 505 and Chapter 506, so the Council elects to follow one or the other to evaluate each such activity. Under Chapter 505, the Council may, for certain activities above quantitative review thresholds, review the water quality certification issued by TNRCC or RRC (the sec.401 state agencies) for a proposed sec.404 permit under sec.401 of the Clean Water Act. This process is further described in the Texas Coastal Management Program Final Environmental Impact Statement (FEIS), Part II, Chapter 5, pp. 6-9. If the Council elects to review the sec.401 certification, it cannot review the activity under Chapter 506. Chapter 506 is based on NOAA regulations at 15 CFR Part 930. This process is further described in FEIS, Part II, Chapter 5, pp. 15 and 16. Under Chapter 506, the Council's review is independent of the sec.401 certification process. It is the only process by which the Council may object to the consistency of activities permitted under sec.10 and provides an alternative process, subject to the same review thresholds, for evaluating the consistency of activities permitted under sec.404. If the Council elects to review a sec.404 permit activity under Chapter 506, it cannot review TNRCC's or RRC's sec.401 certification for the permit. II. PURPOSE This MOU establishes procedures for: a. joint application, public notice, public hearing, and review of activities authorized under Corps permits by Council members, the Corps, and the sec.401 state agency where appropriate; b. notifying applicants, the Corps, and the sec.401 state agency of whether the Council will follow the Chapter 505 process or the Chapter 506 process when it reviews a sec.404 permit activity that is above review thresholds; and c. notifying applicants, the Corps, and the sec.401 state agency of the progress of the Council members' review and the results of the review. This MOU is designed to meet the statutory and regulatory requirements of the Corps' sec.404 regulatory program, TNRCC's and RRC's sec.401 certification programs, and the CMP and to ensure an appropriate level of consistency review of state and federal actions subject to the CMP. It is intended to be a joint procedure pursuant to 33 CFR sec.325.2(e)(3), which authorizes the Corps to develop joint procedures with states with ongoing management programs for activities also regulated by the Corps. III. DEFINITIONS "Applicant" means any person who applies to the Corps for a permit to discharge into waters of the United States under 33 U.S.C.A. sec.1344 (also known as sec.404 of the Clean Water Act) or to excavate or fill or to in any manner alter the course, location, condition, or capacity of any navigable water of the United States under 33 .S.C.A. sec.sec.401 and 403 (also known as sec.sec.9 and 10 of the Rivers and Harbors Act of 1899). "CMP Boundary" means the area within the boundary established in 31 TAC sec.503.1. "Permit" means a permit issued by the Corps under sec.404 of the Clean Water Act, 33 U.S.C.A. sec.1344, or sec.sec.9 or 10 of the Rivers and Harbors Act of 1899, 33 U.S.C.A. sec.sec.401 and 403. "Critical Area" means a coastal wetland, an oyster reef, a hard substrate reef, submerged aquatic vegetation, or a tidal sand or mud flat. "Section 401 certification" means the individual state agency action subject to Council consistency review pursuant to 31 TAC sec.505.11(a)(3)(C) and sec.505.11(a)(6)(F), also known as certification under sec.401 of the Clean Water Act, 33 U.S.C.A. sec.1341. "Section 401 state agency" means the state agency authorized to issue a certification under sec.401 of the Clean Water Act; specifically: a. the RRC for sec.401 certification of a Corps permit relating to oil and gas exploration, production and development activities, including the pipeline transportation of oil or natural gas prior to the refining of such oil or prior to the use of such gas in any manufacturing process or as a residential or industrial fuel; and b. the TNRCC for sec.401 certification of a Corps permit relating to all other activities. IV. COORDINATED PROCESSING AND REVIEW OF sec.404 AND sec.10 PERMITS Materials for Application Packets The Council and the Corps agree that it is in the best interest of the applicant that the applicant be fully apprised of both the consistency requirements of sec.307 of the CZMA and the consistency review procedures of the CMP. To that end, the Council will provide the Corps with an adequate supply of the following materials, which the Corps will supply to applicants in the Corps' standard permit application packet. a. A plain language explanation of the consistency requirements and review process. b. Maps of the CMP Boundary. c. Names and phone numbers of contact persons for the Council and the sec.401 state agencies. The Council will also provide the Corps with copies of the CMP rules, which the Corps will provide to applicants on request. Administrative Completeness and Initiation of Consistency Review The Corps will include in its standard application form the consistency certification required of applicants by sec.307 of the CZMA. To ensure that applicants are apprised of the consistency requirements of sec.307 of the CZMA, the Corps will not determine an application for a permit for an activity within the CMP boundary to be administratively complete unless the applicant has completed this certification. The Council and the Corps agree that it is in the best interest of the applicant that their respective review periods commence as close together in time as possible. To that end, upon declaring an application administratively complete, the Corps shall immediately send a copy of the application, indicating the date the Corps received it, to the Council secretary for immediate distribution to the appropriate sec.401 state agency and other Council members. The Corps is not obligated to determine whether applications for permits for activities outside the CMP boundary are subject to the consistency requirements. The Council will follow the procedures in 15 CFR sec.930.54 if it wishes to invoke the consistency requirements for those permits. Joint Public Notice The Council, the Corps, and the sec.401 state agencies will use a joint public notice for applications for permits for activities within the CMP boundary. The joint public notice shall describe the consistency review process. The joint notice shall also advise the public that comments are solicited regarding: a. for purposes of Chapter 506 reviews, the applicant's consistency certification for the permit and whether and under what conditions, if any, the Council should concur with or object to it; b. for purposes of Chapter 505 reviews, whether and under what conditions, if any, the TNRCC or RRC should issue a sec.401 certification; and c. whether the matter should be referred to the Council for review if it is above the applicable consistency review threshold. Joint Evaluation Meetings The Corps will use its best efforts to regularly schedule interagency meetings for review of applications. The Corps will provide interested Council members and the sec.401 state agencies with advanced notice of the agendas for the meetings. The Corps shall schedule one meeting a month in or near the City of Corpus Christi, Texas, and two meetings a month in or near the City of Galveston, Texas. One purpose of the meetings will be for the Corps, interested Council members, and the sec.401 state agency to evaluate proposed activities, both prior to issuance of the joint notices as well as during the period between close of public comment and issuance of the state's 401 certification or concurrence with or objection to an applicant's consistency certification. Joint Public Hearings The Council, the Corps, and the sec.401 state agencies will use their best efforts to coordinate any public hearings where the consistency of a permit activity or a sec.401 certification is at issue. Joint hearings will be conducted in a manner that complies with all of the procedural requirements applicable to each agency participating in the hearing. Exchange of Comments Immediately upon the close of public comment, the Corps, the Council, and the sec.401 state agency will each exchange the comments each receives with respect to the consistency of any proposed permit. Council secretary shall notify the Corps and the sec.401 agency as soon as possible when public comment raises a consistency issue. V. CONSISTENCY CONCURRENCE OR OBJECTION FOR sec.404 PERMITS Below Thresholds Under 31 TAC sec.506.12(c), if an activity to be authorized by a sec.404 permit is below applicable TNRCC or RRC review thresholds identified in Appendix A, the sec.401 state agency's consistency determination for its sec.401 certification will constitute the state's consistency concurrence with or objection to the sec.404 permit required under sec.307 of the CZMA. That determination is not subject to Council review. Above Thresholds: Council Election Pursuant to 31 TAC sec.506.12(d), if an activity to be authorized by a sec.404 permit is above the applicable TNRCC or RRC review thresholds identified in Appendix A, it is subject to Council review. The Council will either: a. review the sec.401 state agency's sec.401 certification for the permit, pursuant to Chapter 505; or b. issue its own consistency concurrence or objection for the permit, independent of the sec.401 certification, pursuant to the Chapter 506. Generally, the Council will follow the Chapter 505 process. Within forty-five (45) days of receipt of an administratively complete application under 31 TAC sec.506.30, the Council will elect whether to follow Chapter 505 or Chapter 506. If the Council secretary does not notify the Corps, the applicant, and the sec.401 state agency of the election within 45 days of receipt of the application, then the Council will be deemed to have elected to follow Chapter 505. VI. CONCURRENCE OR OBJECTION FOR sec.10 PERMITS The Council will issue a consistency concurrence or objection for activities to be authorized by only a sec.10 permit by using the Chapter 506 process. VII. FINAL COUNCIL ACTION ON sec.404 AND sec.10 PERMITS Expedited Action and Notice Under both Chapter 505 and Chapter 506, the Council is deemed to have agreed with the sec.401 state agency's consistency determination for a sec.401 certification or the applicant's consistency certification for a permit if the Council fails to take action by certain times. Rather than allowing consistency to be determined by default in this manner, the Council members will use their best efforts to expedite steps in the review process whenever possible under the Council's rules, particularly with respect to Letters of Permission and other authorizations the Corps issues on abbreviated timeframes. At the earliest possible time, the Council secretary will send written notice to the Corps, the applicant, and the sec.401 state agency of the results of the review, whether the review is concluded by default or otherwise. Notice to Council and sec.401 State Agency of Enforceability of Conditions The Corps will use its best efforts to notify the Council and the sec.401 state agency in writing at the earliest possible time, but before finalizing the permit, if the Corps determines that any conditions proposed by the Council or a state sec.401 agency for inclusion in a permit are not enforceable by the Corps. The Corps will explain in the notice why it lacks such authority. Upon such notice, the Council or the sec.401 state agency may either object or deny certification or conditionally concur or certify, in which case the conditions shall be enforced under state law. VIII. GENERAL PERMITS AND CONCURRENCES Council General Concurrences The Council and the Corps agree that it is appropriate to develop ways to authorize routine activities with minor resource impacts without intensive individual review. To that end, the Council and the Corps will work to develop general concurrences, as provided in 31 TAC sec.506.35, for these activities at the earliest possible time. Corps General Permits Nationwide and regional general permits proposed before the effective date of the CMP (including the nationwide permits published in the Federal Register on December 13, 1996) are not subject to consistency requirements. Individual consistency certifications or concurrences for the activities authorized by those permits are not required. If the Council determines in the future that a nationwide or regional general permit is subject to review and, following the Chapter 506 process, determines that the permit is inconsistent with the goals and policies of the CMP, the Council shall issue a general concurrence establishing whatever additional conditions the Council finds are necessary to make the permit consistent. IX. REVIEW OR TERMINATION Review The Council agrees to evaluate the effectiveness of the consistency review process outlined in this MOU one year after it is executed. The Council will solicit comments about its consistency review of projects requiring both federal and state authorizations and will include its evaluation in the annual report required by TEXAS NATURAL RESOURCE CODE sec.33.204(f). Termination Either party to this MOU may terminate it after sixty (60) days written notice to the other party. APPENDIX A Review Thresholds For sec.401 certifications issued by TNRCC, an activity is above the threshold if it affects one or more acres of a critical area and authorizes the discharge of not less than one thousand (1,000) cubic yards of dredged or fill material, all or part of which occurs in a critical area. For sec.401 certifications issued by RRC, an activity is above the threshold if it permanently disturbs five (5) or more acres of critical area or authorizes the removal of more than ten thousand (10,000) cubic yards of material from a critical area, except with respect to submerged aquatic vegetation or tidal sand or mud flats south of Pass Cavallo, in which case the permanent disturbance must be ten (10) acres or more. Issued in Austin, Texas, on February 3, 1997. TRD-9701489 Garry Mauro Chairman Coastal Coordination Council Filed: February 3, 1997 Office of the Consumer Credit Commissioner Notice of Rate Ceiling The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Title 79, Texas Civil Statutes, Article 1.04, as amended (Texas Civil Statutes, Article 5069-1.04). [graphic] Issued in Austin, Texas, on January 28, 1997. TRD-9701413 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissoner Filed: January 31, 1997 Texas Energy Coordination Council Invitation to Comment On October 4, 1996, the Advisory Committee on Research Programs (ACORP) of the Texas Higher Education Coordinating Board met to discuss the Texas Energy Coordination Council's (TECC) responsibility for coordinating state-funded energy research, and the Coordinating Board's (THECB) responsibility for providing oversight to the Advanced Research and Advanced Technology Programs. The understanding resulting from that meeting is that TECC will develop a set of energy research priorities through a public process that incorporates the views of a reasonable cross-section of energy researchers. The authority for this project is Article 4413(47f), Article 3, sec. 3.06(15) which provides that TECC "shall coordinate energy research among state research programs;"... With this purpose in mind, TECC invites written comments through March 10, 1997, on energy research, topic areas and their relative priorities for research, including but not limited to, supply and demand side consideration, for the purpose of guiding the development of a research plan in the energy sector. Please forward written comments to: Mike Wiley, Executive Director, Texas Energy Coordination Council, CES-R7100, 10100 Burnet Road, Austin, Texas 78758; include your name, title, address, and phone number. To submit written comments electronically, please subscribe to the TECC listserv titled: EnergyResearch. Subscribe to the listserv by sending email to: listproc@mcfeeley.cc.utexas.edu. Include in the body of the mail message the following: subscribe EnergyResearch firstname lastname Here, first name and last name represent your actual first and last name. Thank you for your response. Issued in Austin, Texas, on February 3, 1997. TRD-9701511 Mike Wiley Executive Secretary to the Board Texas Energy Coordination Council Filed: February 3, 1997 Texas Ethics Commission List of Late Filers Listed below are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Kristin Newkirk at (512) 463-5800 or (800) 325-8506. Deadline: Candidate/Officeholder Semi-Annual Campaign Finance report, due July 15, 1996 Brad Clardy 2211 B 17th Street Lubbock, Texas 79401 Deadline: General Purpose PAC Semi-Annual Campaign Finance Report, due July 15, 1996 Kevin Zapp Galveston County Apartment Association 305 21st Street #247 Galveston, Texas 77550 Deadline: Monthly PAC Report, due September 5, 1996 Leroy Bruner International Longshoremen's Association Local #24 7811 Harrisburg Houston, Texas 77012 David Calvillo South Texans Physicians PAC 1111 West Nolane McAllen, Texas 78504 Deadline: Political Party 50th Day Before The General Election Campaign Finance Report, due September 16, 1996 Ted Lewis Denton County Democratic Party P.O. Box 297 Denton, Texas 76202-0297 Deadline: Monthly Lobby Activity Report, due September 10, 1996 Jim Warren 1108 Lavaca #400 Austin, Texas 78701 Deadline: Monthly PAC Report, due October 7, 1996 Leroy Bruner International Longshoremen's Association Local #24 7811 Harrisburg Houston, Texas 77012 David Calvillo South Texans Physicians PAC 1111 West Nolane McAllen, Texas 78504 Deadline: Candidate/Officeholder 30th Day Before The General Election Campaign Finance Report, due October 7, 1996 Richard N. Draheim Jr. 275 Henry M. Chandler's Dr. Rockwall, Texas 75087 David A. Offutt 1904 Park Hill Circle North Fort Worth, Texas 76110-2416 Issued in Austin, Texas, on January 30, 1997. TRD-9701397 Tom Harrison Executive Director Texas Ethics Commission Filed: January 30, 1997 Texas Department of Health Designation of Sites Serving Medically Underserved Populations The Department of Health is required under Texas Civil Statutes, Article 4495b, sec.3.06, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations. Accordingly, the department has designated the following as sites serving medically underserved populations: The University Hospital Emergency Center, located at 4502 Medical Drive, San Antonio (Bexar County), Texas. Designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs. Oral and written comments on this designation may be directed to Demetria Montgomery, M.D., Chief, Bureau of Community Oriented Primary Care, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; (512) 458-7771. Comments will be accepted for 30 days from the date of this notice. Issued in Austin, Texas, on January 29, 1997. TRD-9701363 Susan K. Steeg General Counsel Texas Department of Health Filed: January 29, 1997 Designation of Sites Serving Medically Underserved Populations - Farmers Branch, Texas The Department of Health is required under Texas Civil Statutes, Article 4495b, sec.3.06, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations. Accordingly, the department has designated the following as a site serving medically underserved populations: The Magee Verplank Watts Family Health Center/Community Oriented Primary Care (COPC) at Vivian Field Middle School, located at 13551 Dennis Lane, Farmers Branch (Dallas County), Texas. Designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs. Oral and written comments on this designation may be directed to Demetria Montgomery, M.D., Chief, Bureau of Community Oriented Primary Care, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; (512) 458-7771. Comments will be accepted for 30 days following publication of this notice in the Texas Register. Issued in Austin, Texas, on January 30, 1997. TRD-9701443 Susan K. Steeg General Counsel Texas Department of Health Filed: January 31, 1997 Request for Proposal for Preventive and Primary Health Services to Public School Populations The Texas Department of Health (TDH) announces the availability of approximately $750,000 in Maternal and Child Health Block Grant funds for the provision of preventive and primary health services to public school populations. A maximum of $125,000 per program annually is planned for up to six programs serving school-age children. Funds are for fiscal year 1997-98, beginning June 1, 1997, and ending August 31, 1998. Qualifying programs must meet the following requirements: (1) demonstrate an unmet need for health services in the student population to be served; (2) be planned and directed by a local advisory body which includes but is not limited to parents of students served, school administrators, school nurses, local physicians, and representatives of local agencies serving students; (3) be supervised and monitored by a physician who has expertise in the care of children and adolescents; (4) demonstrate referral linkages for provision of emergency care and other specialized acute and chronic health care services, and mechanisms for the efficient and confidential exchange of medical information among providers; and (5) provide assurance that students will not receive services at the school health center unless a parent or guardian executes a consent form approved by the advisory body. Applicants will be judged on the basis of proposal narratives and budget documents. Applications must be received by TDH on or before April 15, 1997. Requests for applications and other inquiries should be directed to: School Health Program, Bureau of Children's Health, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Phone inquiries may be directed to John Dillard, M.Ed., at (512) 458-7111, extension 2782. Issued in Austin, Texas, on January 30, 1997. TRD-9701444 Susan K. Steeg General Counsel Texas Department of Health Filed: January 31, 1997 Texas Health and Human Services Commission Excluded Medicaid Providers In compliance with the Medicare and Medicaid Patient Protection Act of 1987, the following list provided by the Texas Health and Human Services Commission (HHSC) which identifies providers or employees of providers who are excluded from state and federal health care programs since publication of the May 1996 Medicaid Bulletin. Providers excluded from the Medicaid and Title XX programs must not order or prescribe services to clients after the date of exclusion. Services rendered under the medical direction or under the prescribing orders of an excluded provider will also be denied. Providers who submit cost reports cannot include the salaries/wages/benefits of employees who have been excluded from Medicaid. Additionally, excluded employees are not permitted to provide Medicaid services to any patient/client. Name License/Provider Number City Effective Date of Exclusion Period of Exclusion DENTISTS: Davis, James M., DDS D11795 Farmers Branch December 11, 1996 15 years Mahabir, Dindial, DDS 10215 Houston December 23, 1996 30 days DOCTORS: Duncan, John D., MD D4980 Del Rio October 5, 1996 indefinitely Grayson, Robert D., PA PA00688 Crane November 1, 1996 indefinitely Quadlander, Michael E., DC 4846 New Braunfels December 11, 1996 indefinitely Ramakrishnan, Vasuki, MD F5712 Standford November 16, 1996 indefinitely Smith, Jerry W., DO C8065 Houston November 16, 1996 indefinitely Tolon, Edwin J.T., MD D6878 Pasadena November 25, 1996 indefinitely PHARMACISTS: Busch, Michael S., Rph 26181 Portland August 21, 1996 INDEFINITELY Carey, Delbert G., Rph 30610 Amarillo November 16, 1996 INDEFINITELY Davis, Jr., Wallace H., Rph 12844 Azle December 6, 1996 INDEFINITELY Narviz, Joe A., Rph 21811 Burleson September 22, 1996 indefinitely Roberts, William B., Rph 23839 Fort Worth October 10, 1996 indefinitely Strom, Carter R., Rph 34551 Breckenridge August 21, 1996 indefinitely NURSES: Adams, Patricia Y., LVN 054711 Dekalb November 15, 1996 indefinitely Adamson, James A., RN 464119 Amarillo November 21, 1996 INDEFINITELY Ballard, Sharon M., RN 586232 Houston November 21, 1996 indefinitely Bogart, Janet A., RN 414781 Abilene November 21, 1996 INDEFINITELY Crawford, Clifford N., RN 571475 Kerrville December 10, 1996 indefinitely Dowd, Linda A., RN 453570 Arlington October 9, 1996 INDEFINITELY Ezebb, Raymond S., LVN 039026 San Antonio November 15, 1996 INDEFINITELY Gandy, Mary D., LVN 085245 Hereford November 15, 1996 indefinitely Gordzelik, Theresa J., LVN 142862 Pampa November 15, 1996 indefinitely Hughes, Diana K., RN 514381 Temple November 21, 1996 INDEFINITELY Keller, Peggy J., RN 252437 Conroe November 15, 1996 indefinitely Laumer, Norma N., LVN 004857 Blanco November 15, 1996 INDEFINITELY Lewis, Doreen B., LVN 080144 Austin November 15, 1996 indefinitely Mayo, Mary F., RN 556355 Mandeville September 25, 1996 indefinitely Pruiett, Lisa M., LVN 145481 Grapevine November 15, 1996 INDEFINITELY Rush, Patricia A.W., RN 443602 Seminole November 21, 1996 indefinitely Seabolt, Pamela H., RN 561852 Garland October 15, 1996 INDEFINITELY Skinner, Jana L., LVN 120275 Whitesboro December 31, 1995 INDEFINITELY Werner, Paula R., LVN 102965 Houston November 15, 1996 indefinitely Williams, Donna L., LVN 156968 Brownsville November 15, 1996 indefinitely Wright, Kandice, RN 517466 Tyler April 16, 1996 INDEFINITELY FACILITIES: Medico Grapevine December 11, 1996 ten years Joe's Prescription Shop 12249 Fort Worth September 22, 1996 indefinitely INDIVIDUALS: Buckner, Wallace B. Odessa Ocrober 29, 1996 five years Bush, Helen I. Dublin,CA October 29, 1996 15 years Hunter, David Texarkana Ocrober 29, 1996 five years Cyndi Ferris Health and Human Services Commission, Medicaid Provider Sanctions Division, (512) 424-6519 Fax (512) 424-6591, internet address:cyndi_f@hhsc.state.tx.us Issued in Austin, Texas, on January 31, 1997. TRD-9701471 Marina Henderson Executive Deputy Commissioner Texas Health and Human Services Commission Filed: January 31, 1997 Texas Department of Housing and Community Affairs HOME Investment Partnerships Program 1997 Application Workshops The Texas Department of Housing and Community Affairs, HOME Investment Partnerships (HOME) Program, invites you to attend one of six application workshops for Program Year 1997. HOME staff will introduce the HOME regulations and requirements of each activity, and will provide guidance on how to complete the various applications. HOME Program will accept requests for applications starting February 14, 1997. Workshop Schedule for Workshops in Fort Worth, Houston, El Paso, Edinburg, and Austin 9:00 a.m. to 12:00 noon Tenant-Based Rental Assistance Owner-Occupied Housing Assistance Homebuyer Assistance Match Requirements Lunch from 12:00 noon-1:00 p.m. 1:00 p.m. to 3:00 p.m. Interim Construction Assistance Rental Project Assistance Match Requirements Workshop Schedule for Workshop in Lubbock 1:30 p.m. to 4:30 p.m. Tenant-Based Rental Assistance Owner-Occupied Housing Assistance Homebuyer Assistance Match Requirements Break from 4:30 p.m.-5:00 p.m. 5:00 p.m. to 7:00 p.m. Interim Construction Assistance Rental Project Assistance Match Requirements Due to limited space, we are requiring pre-registration by February 21, 1997. To pre-register, send the name of your organization, address, phone number, contact person, and the number of people who will be attending to the HOME Program, TDHCA, P.O. Box 13941, Austin, Texas 78711-3941; or fax it to (512) 475-3287. Please include your choice of workshop locations. Walk-ins will be welcome, however, materials will be limited. Requests for applications should be mailed to: HOME Program, Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas, 78711-3941 or fax to (512) 475-3287. For additional information call (512) 475-3109. Thank you for your interest. Workshop Dates and Locations: February 25, 1997-Fort Worth Fort Worth Housing Authority 300 South Beach Fort Worth, Texas 76105 Contact: Susie Lopez at (817) 534-9927 for directions February 26, 1997-Socorro City of Socorro Council Chambers 124 South Horizon Boulevard Socorro, Texas 79927 Contact: Demetrio Jimenez at (915) 594-0310 for directions February 27, 1997-Lubbock Grove Library 5520 19th Street Lubbock, Texas Contact: Alvino Lopez at (806) 762-8667 for directions March 4, 1997-Houston HUD Conference Room 2211 Norfolk, Suite 200 Houston, Texas March 5, 1997-Edinburg Edinburg Auditorium 415 West McIntyre Edinburg, Texas 78540 Contact: Joe Saenz at (210) 383-4045 for directions March 7, 1997-Austin Texas Department of Housing and Community Affairs 507 Sabine, Fourth Floor Austin, Texas 78701 Individuals who require auxiliary aids or services for these meetings should contact Aurora Carvajal, ADA Responsible Employee, at (512) 475-3822 or Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made. Issued in Austin, Texas, on January 31, 1997. TRD-9701419 Larry Paul Manely Executive Director Texas Department of Housing and Community Affairs Filed: January 31, 1997 Texas Department of Human Services Public Notice-Proposed State Plan Amendment for Reimbursement of Computer Hardware and Software Cost by Voucher System for Medicaid Nursing Facilities Pursuant to the settlement agreement and court order in THCA versus Terry Trimble, Civil Action #A-96-CA-774-SS, the Texas Department of Human Services (TDHS) is planning to submit a Medicaid state plan amendment to allow Medicaid nursing facilities to be reimbursed through a voucher system for computer hardware and software costs necessarily incurred to automate the MDS 2.0 resident assessment form and to permit electronic submittal to the federal Health Care Financing Administration (HCFA). Providers will be reimbursed up to $4,000 for basic computer hardware and software necessary to accomplish this task. The department is making this change to allow nursing facilities to meet federal requirements pertaining to electronic submission of the MDS 2.0. This amendment will increase the total expenditures during Fiscal Year 1997 by $4,352,000. For further information, contact local TDHS offices or Pam McDonald, M/C W-425, P.O. Box 149030, Austin, Texas 78714-9030, (512) 438-4086. Written comments can also be submitted to this address. Issued in Austin, Texas, on February 3, 1997. TRD-9701490 Glen Scott General Counsel Texas Department of Human Services Filed: February 3, 1997 Texas Department of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application for admission in Texas for Great American Life Assurance Company, a foreign life, accident and health company. The home office is in Cincinnati, Ohio. Application for a name change in Texas for United Services Life Insurance Company, a foreign life, accident and health company. The proposed new name is ReliaStar United Services Life Insurance Company. The home office is in Arlington, Virginia. Application for a name change in Texas for Mead Reinsurance Corporation, a foreign fire and casualty company. The proposed new name is MidStates ReInsurance Corporation. The home office is in Chicago, Illinois. Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Cindy Thurman, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701. Issued in Austin, Texas, on January 31, 1997. TRD-9701473 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: January 31, 1997 Notice of Public Hearing The public hearing originally scheduled before the Commissioner of Insurance for March 18, 1997 at 9:00 a.m. under Docket Number 2278, has been rescheduled to March 25, 1997, at 9:00 a.m. Notice of the hearing was published in the January 10, 1997, issue of the Texas Register (22 TexReg 404). Issued in Austin, Texas, on January 29, 1997. TRD-9701360 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: January 29, 1997 Texas Natural Resource Conservation Commission Enforcement Orders An agreed enforcement order was entered regarding DOMESTIC ENGINEERING OF TEXAS, INC. ET AL., Docket Number 96-0394-PST-E, SOAH Docket Number 582-96-1464 (Enforcement ID Number E11376) on January 21, 1997 assessing $25,450.88 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Karen Berryman, Enforcement Coordinator at (512) 239-2172, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding LOUISIANA-PACIFIC CORPORATION, Docket Number 96-1444-IWD-E (Permit Numbers 01754, 01950) on January 18, 1997 assessing $28,240 in administrative penalties with $8,472 deferred. Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney at (512) 239-0678 or Bill Main, Enforcement Coordinator at (512) 239-4481, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding CITY OF BONHAM, Docket Number 96-1578-MWD-E (Permit Number 10070-001) on January 18, 1997. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney at (512) 239-6292 or Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding NORTHWEST INDEPENDENT SCHOOL DISTRICT, Docket Number 96-1353-MWD-E (Permit Number 11760-002) on January 18, 1997 assessing $13,280 in administrative penalties with $3,984 deferred. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney at (512) 239-6259 or Bill Main, Enforcement Coordinator at (512) 239-4481, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding COASTWIDE MARINE SERVICES, INCORPORATED, Docket Number 96-1354-MWD-E (Permit Number 10931-001) on January 18, 1997 assessing $10,640 in administrative penalties with $3,192 deferred. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Bill Main, Enforcement Coordinator at (512) 239-4481, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding PARTICIPATION DEVELOPMENT CORPORATION, INC., Docket Number 96-1442-MWD-E (Permit 11506-001) on January 18, 1997 assessing $2,760 in administrative penalties with $828. deferred. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney at (512) 239-6259 or Mary Smith, Enforcement Coordinator at (512) 239-4484, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding CITY OF BALLINGER, Docket Number 96-1148-MWD-E (Permit Number 10325-003) on January 18, 1997 assessing $3,680 in administrative penalties with $1,104 deferred. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney at (512) 239-6259 or Lin Zhang, Enforcement Coordinator at (512) 239-4497, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding GREG SPEARS DBA SCENIC POINT NORTHVIEW, Docket Number 96-1056-MWD-E (No TNRCC Permit) on January 18, 1997 assessing $10,030 in administrative penalties with $3,009 deferred. Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney at (512) 239-0678 or Pamela Campbell, Enforcement Coordinator at (512) 239-4493, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding ALI RAJAB A., Docket Number 96-0553-PST-E (Facility Number 0064364, Enforcement ID Number E1200028) on January 18, 1997 assessing $900. in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Craig Carson, Enforcement Coordinator at (512) 239-2126, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding CHUNG WOO LEE, Docket Number 96-1224-PST-E (Facility Number 0036198, Enforcement ID Number E1200029) on January 18, 1997 assessing $1,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Craig Carson, Enforcement Coordinator at (512) 239-2126, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding HUSEIN ABDUL-LATIF, Docket Number 96-1225-PST-E (Facility Number 0023823, Enforcement ID Number E1200030) on January 18, 1997 assessing $1,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Craig Carson, Enforcement Coordinator at (512) 239-2126, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding SAM PILKINGTON, Docket Number 96-1380-PST-E (Facility Number 11564, Enforcement ID Number E11626) on January 18, 1997 assessing $12,200 in administrative penalties with $3,660 deferred. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Mick Wilson, Enforcement Coordinator at (512) 239-2228, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding ZINCO, INCORPORATED, Docket Number 96-1506-PST-E (FACILITY 24609, (more permit #'s) , Enforcement ID E11369) on January 18, 1997 assessing $600. in administrative penalties with $180. deferred. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Craig Carson, Enforcement Coordinator at (512) 239-2126, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding SAM PILKINGTON, Docket Number 96-1379-PST-E (Facility Number 11572, Enforcement ID Number E11627) on January 21, 1997 assessing $5,000 in administrative penalties with $1,500 deferred. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Mick Wilson, Enforcement Coordinator at (512) 239-2228, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding RYDER TRUCK RENTAL, INCORPORATED, Docket Number 96-0389-PST-E (Facility Number 31862, Enforcement ID Number E11505) on January 18, 1997 assessing $1,200 in administrative penalties with $360. deferred. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Srini Kusumanchi, Enforcement Coordinator at (512) 239-5874, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding LUCKY LADY OIL COMPANY, Docket Number 96-1800-PST-E (Facility Number 27517, Enforcement ID Number E10829) on January 18, 1997 assessing $1,800 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Walter Ehresman, Staff Attorney at (512) 239-0573 or Mick Wilson, Enforcement Coordinator at (512) 239-2228, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding JACK E. BRISCOE, Docket Number 96-1551-PST-E (No Facility ID Number, Enforcement ID Number E11675) on January 18, 1997 assessing $8,800 in administrative penalties with $2,640 deferred. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Connie Wong, Enforcement Coordinator at (512) 239-2567, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding GLEN HILL, Docket Number 96- 1616-PST-E (Facility Number 43716, Enforcement ID Number E11134) on January 18, 1997 assessing $1,800 in administrative penalties with $540. deferred. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Srini Kusumanchi, Enforcement Coordinator at (512) 239-2126, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding JUANITA MORA, Docket Number 96-1203-PST-E (Facility Number 12875, Enforcement ID Number E10884) on January 18, 1997 assessing $4,400 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Lisa Newcombe, Staff Attorney at (512) 239-2269 or Jaime Lopez, Enforcement Coordinator at (512) 239-5868, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087. Issued in Austin, Texas, on February 3, 1997. TRD-9701509 Mamie M. Black Acting Chief Clerk Texas Natural Resource Conservation Commission Filed: February 3, 1997 Notice of Application for Waste Disposal Permits Attached are Notices of Applications for waste disposal permits issued during the period of January 23rd thru January 31, 1997. The Executive Director will issue these permits unless one or more persons file written protests and/or a request for a hearing within 30 days after newspaper publication of this notice. To request a 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) the name of the applicant and the permit number; (3) the statement "I/we request a public hearing;" (4) a brief description of how you would be adversely affected by the granting of the application in a way not common to the general public; (5) the location of your property relative to the applicant's operations; and (6) your proposed adjustments to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. Information concerning any aspect of these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, Chief Clerks Office-MC105, P. O. Box 13087, Austin, Texas 78711. 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 TNRCC Office of Public Assistance, Toll Free, at 1 (800) 687-4040. Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, permit number and type of application-new permit, amendment, or renewal. ALDINE INDEPENDENT SCHOOL DISTRICT, 14910 Aldine-Westfield Road, Houston, Texas 77032, the Ann Louise Educational Complex Wastewater Treatment Plant is located approximately 700 feet southeast of the intersection of Frick Road and Ann Louise Road, approximately 1,200 feet southeast of Halls Bayou, and approximately 6,500 feet southwest of Beltway 8 and Veterans Memorial Drive in Harris County, Texas, renewal, 13609-01. BRENDA DAMRON, 5,000 CR300, Zephyr, Texas 76890, the dairy is approximately five miles southeast of Blanket, Brown County, Texas, on County Road 323. From Blanket, head south on Farm-to-Market Road 1467 approximately four miles, then turn east onto County Road 294, then turn north on County Road 285, then west onto County Road 323 and follow the road through a right turn and the dairy will be located on the east side of the road in Brown County, Texas, new, 03910. BROWNSVILLE NAVIGATION DISTRICT, P. O. Box 3070, Brownsville, Texas 78523, a marine cargo handling facility at the Port of Brownsville, the disposal site is located on the north side of State Highway 48 at points approximately 1.4 miles (Pit Number 2) and 2.2 miles (Pit Number 1) east of the intersection of State Highway 48 with FM 511 northeast of the City of Brownsville, Cameron County, Texas, renewal, 02597. CITY OF CANADIAN, 6 Main Street, Canadian, Texas 79014, the wastewater treatment plant site is located northeast of the City of Canadian, about 0.5 mile east of U.S. Highway 60, and one mile north of Farm-to-Market Road 2388 at the east end of the golf course and fairgrounds in Hemphill County, Texas, renewal, 10072-01. CITY OF GUSTINE, P. O. Box 145, Gustine, Texas 76455, the Gustine Wastewater Treatment Facilities are located approximately two miles east of the intersection of State Highway 36 and Farm-to-Market Road 1476 in Comanche County, Texas, renewal, 10841-01. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 182, c/o Smith, Murdaugh, Little & Bonham, L.L.P., 1100 Louisiana Street, Suite 400, Houston, Texas 77002-5211, the Harris County M.U.D. Number 182 Wastewater Treatment Facilities are located on the east bank of Greens Bayou and approximately 0.5 mile south of Farm-to- Market Road 525 in Harris County, Texas, renewal, 12273-01. LUMBERTON MUNICIPAL UTILITY DISTRICT, P. O. Box 8065, Lumberton, Texas 77657- 8065, the wastewater treatment facilities are approximately 200 feet east of U.S. Highway 69, and approximately 2 miles north of the intersection of Tram Road and U.S. Highway 69 in Hardin County, Texas, renewal, 11709-01. CITY OF NASSAU BAY, 1800 Nasa Road One, Nassau Bay, Texas 77058, the wastewater treatment facilities are at 18920 Point Lookout, approximately one mile south of Nasa Road One at the confluence of Clear Creek and Clear Lake and adjacent to Lake Nassau (Pearsons Lake) and approximately one mile east of the City of Webster in the City of Nassau Bay in Harris County, Texas, amendment, 10526-01. CITY OF NEWARK, P. O. Box 156, Newark, Texas 76071, the City of Newark Wastewater Treatment Plant, the plant site is located on the east bank of Derrett Creek immediately south of the Newark Beach Road Bridge, about 850 feet west of the intersection of Roger Road and Berke Street in Wise County, Texas, renewal, 11626-01. CITY OF PEARLAND, 3519 Liberty Drive, Pearland, Texas 77581, the wastewater treatment facilities are at 1092 1/2 Barry Rose Street, immediately west of Clear Creek and approximately 7,000 feet north of Farm-to-Market Road 518 in Brazoria County, Texas, amendment, 10134-02. CITY OF PORT NECHES, P. O. Box 758, Port Neches, Texas 77651, the wastewater treatment plant is located in the 6100 block of Georgia Street, approximately 1 mile northwest of the intersection of State Highway 347 and State Highway 73 in Jefferson County, Texas, amendment, 10477-04. PORTER MUNICIPAL UTILITY DISTRICT, P. O. Box 1030, Porter, Texas 77365-1030, the wastewater treatment plant is located approximately 4,300 feet east of the intersection of Wallis Drive and U.S. Highway 59, and approximately 7,000 feet south of the intersection of Farm-to-Market Road 1314 and U.S. Highway 59 in Montgomery County, Texas, renewal, 12242-01. SOUTHWEST UTILITIES, INC., P. O. Box 907, El Campo, Texas 77437, the Colonial Hills Wastewater Treatment Facilities are located on the east side of Sellers Road, approximately 700 feet north of the intersection of Hollyvale and Sellers Road in Harris County, Texas, renewal, 10694-01. TEXAS DEPARTMENT OF TRANSPORTATION, 1601 Southwest Parkway, Wichita Falls, Texas 76307, the wastewater treatment plant site is located within the northbound right-of-way of Interstate Highway 35, approximately 2.8 miles north of the intersection of Interstate Highway 35 and Farm-to-Market Road 922 in Cooke County, Texas, renewal, 11743-01. TEXAS-NEW MEXICO POWER COMPANY, P.O. Box 2943, Fort Worth, Texas 76113, the applicant operates the TNP One, a lignite fired steam electric station, the plant site is located approximately one mile east of the town of Hammond and approximately eight miles north (via State Highway 6) of the city of Calvert, Robertson County, Texas, amendment w/o renewal. TIMBER LANE UTILITY DISTRICT, 1100 Louisiana Street, Suite 400, Houston, Texas 77002, the Timber Lane Wastewater Treatment Facilities are located 0.5 mile southwest of the intersection of Wood River Drive and Aldine-Westfield Road, 2.75 miles northeast of the intersection of Farm-to-Market Road 1960 and Interstate Highway 45, and approximately 20 miles north of the City of Houston Central Business District in Harris County, Texas, renewal, 11142-02. VIA RANCH MUNICIPAL UTILITY DISTRICT NUMBER 4, c/o Schwartz, Page & Harding, 1300 Post Oak, Suite 1400, Houston, Texas 77056, the wastewater treatment facilities are approximately 1,100 feet west-northwest of the intersection of Farm-to-Market Road 1093 and Mason Road in Fort Bend County, Texas, renewal, 13245-01. WADSWORTH WATER SUPPLY CORPORATION, P. O. Box 368, Wadsworth, Texas 77483, the wastewater treatment facilities are approximately 400 feet east of State Highway 60 and approximately 1,100 feet south of Laird Road in Matagorda County, Texas, renewal, 12618-01. WEBB COUNTY, 919 Houston Street, Laredo, Texas 78040, the proposed wastewater treatment facility will serve Webb County, the plant site is located 2,000 feet east of the Rio Grande River, 10,000 feet west of U.S. Highway 83 and approximately 13,000 feet south south-west from the intersection of U.S. Highway 83 and Mangana Hein Road in Webb County, Texas, new, 13577-03. Issued in Austin, Texas, on February 3, 1997. TRD-9701507 Mamie M. Black Acting Chief Clerk Texas Natural Resource Conservation Commission Filed: February 3, 1997 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Health and Safety Code, the Texas Clean Air Act (the Act), Chapter 382, sec.382.096. The Act, sec.382.096 requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 382.096 requires that notice of the proposed orders and 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 March 12, 1997. Section 382.096 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment indicates the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Additional notice is not required if changes to an AO are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, First Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P. O. Box 13087 Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 12, 1997. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-1893. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, sec.382.096 provides that comments on the AOs should be submitted to the TNRCC in writing. (1)COMPANY: Auto Body Repair; DOCKET NUMBER: 96-1198-AIR-E; ACCOUNT NUMBER: DB- 3653-V; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: vehicle repair and refinishing plant; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.0518(a) and sec.382.085(b), by failing to obtain a permit or satisfy the conditions of a standard exemption prior to constructing and operating a vehicle repair and refinishing plant; and 30 TAC sec.115.422(1)(A) and the Act, sec.382.085(b), by failing to install and operate a system that totally encloses spray guns, cups, nozzles, bowls, and other parts during washing, rinsing, and draining procedures; PENALTY: $0; ENFORCEMENT COORDINATOR: Kevin Cauble, (512) 239-1874; REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (2)COMPANY: Beck Steel, Inc; DOCKET NUMBER: 96-1430-AIR-E; ACCOUNT NUMBER: LN- 0414-T; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: steel fabrication plant; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.0518(a) and sec.382.085(b), by operating a sandblasting and painting operation without first qualifying for a standard exemption or obtaining a permit; PENALTY: $0; ENFORCEMENT COORDINATOR: Lance Owens, (512) 239-1878; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3509, (806) 796-7092. (3)COMPANY: The Body Shop; DOCKET NUMBER: 96-1222-AIR-E; ACCOUNT NUMBER: WN- 0166-C; LOCATION: Newark, Wise County, Texas; TYPE OF FACILITY: paint and body shop; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.0518(a) and sec.382.085(b), by failing to obtain a permit or satisfy the conditions of a standard exemption prior to constructing and operating an automotive spray painting operation; PENALTY: $0; ENFORCEMENT COORDINATOR: David Edge, (512) 239- 1779; REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (4)COMPANY: Bronquitos Motors; DOCKET NUMBER: 96-1332-AIR-E; ACCOUNT NUMBER: EE- 0734-O; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: used car dealership; RULE VIOLATED: 30 TAC sec.114.1(c)(1)-(3) and the Act, sec.382.085(b), by offering for sale vehicles with missing and inoperable emission control systems or devices, and failing to post the required "notice of prohibition" sign; PENALTY: $700; ENFORCEMENT COORDINATOR: Lawrence King, (512) 239-1405; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925, (915) 778-9634. (5)COMPANY: Brueck's Auto Sales; DOCKET NUMBER: 96-1928-AIR-E; ACCOUNT NUMBER: DB-4481-T; LOCATION: Garland, Dallas County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC sec.114.1(c)(1) and (2) and the Act, sec.382.085(b), by offering for sale a vehicle with missing and inoperable emission control system or devices; PENALTY: $0; ENFORCEMENT COORDINATOR: Mary Jennings, (512) 239-1864; REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (6)COMPANY: Burl's Used Cars; DOCKET NUMBER: 96-1454-AIR-E; ACCOUNT NUMBER: CP- 0319-R; LOCATION: Melissa, Collin County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC sec.114.1(c)(1), Agreed Order 95-0751-AIR-E and the Act, sec.382.085(b), by offering for sale two vehicles with missing and/or inoperable required emission control systems or devices; PENALTY: $1,050; ENFORCEMENT COORDINATOR: David Edge, (512) 239-1779; REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (7)COMPANY: City Auto Sales; DOCKET NUMBER: 96-1534-AIR-E; ACCOUNT NUMBER: GB- 0292-B; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: used car dealership; RULE VIOLATED: 30 TAC sec.114.1(c)(1) and the Act, sec.382.085(b), by offering for sale a vehicle with missing and/or inoperable emission control systems or devices; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77203-1423, (713) 767-3500. (8)COMPANY: D. J. Tarrant Lumber and Tie Company; DOCKET NUMBER: 96-1388-AIR-E; ACCOUNT NUMBER: 92-0697-G; LOCATION: Buffalo, Leon County, Texas; TYPE OF FACILITY: portable saw mill; RULE VIOLATED: 30 TAC sec.111.101 and sec.116.115(a), Standard Exemption 120(e), Agreed Order 92-07(r), and the Act, sec.382.085(b), by conducting unauthorized burning of lumber waste material; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Lance Owens, (512) 239-1878; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (817) 751-0335. (9)COMPANY: Dansaba Foreign Car Repair; DOCKET NUMBER: 96-1277-AIR-E; ACCOUNT NUMBER: DB-3902-A; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: automotive repair shop; RULE VIOLATED: 30 TAC sec.115.422(1)(A) and the Act, sec.382.085(b), by failing to install and operate a spray gun cleaner; PENALTY: $0; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 6241 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (10)COMPANY: The Dow Chemical Company; DOCKET NUMBER: 96-1584-AIR-E; ACCOUNT NUMBER: BL-0023-K; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC sec.101.20(2), 40 CFR 61.65(a), 30 TAC sec.116.115(a), and the Act, sec.382.085(b), by releasing vinyl chloride on two occasions in violation of Permit Numbers 941 and 19401; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Max A. Turner, (512) 239-1890; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500. (11)COMPANY: George Brothers Fabrication, Incorporated; DOCKET NUMBER: 96-1566- AIR-E; ACCOUNT NUMBER: ML-0298-C; LOCATION: Midland, Midland County, Texas; TYPE OF FACILITY: fabrication shop; RULE VIOLATED: 30 TAC sec.116.110 and the Act, sec.382.0518(a) and sec.382.085(b), for failure to obtain a permit or qualify for a standard exemption prior to constructing sandblasting and painting facilities; PENALTY: $350; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239- 1892; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705, (915) 570-1359. (12)COMPANY: Paulshar Chemical Corporation; DOCKET NUMBER: 96-1499-AIR-E; ACCOUNT NUMBER: HG-1459-C; LOCATION: South Houston, Harris County, Texas; TYPE OF FACILITY: degreasing plant; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.0518(a) and sec.382.085(b), by operating a degreasing plant without first obtaining a permit or satisfying the conditions of a standard exemption; PENALTY: $0; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500. (13)COMPANY: Sun Coast Industries, Incorporated; DOCKET NUMBER: 96-1579-AIR-E; ACCOUNT NUMBER: DB-0655-P; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: plastics manufacturing plant; RULE VIOLATED: 30 TAC sec.101.4 and the Act, sec.382.085(a) and (b), by causing off-site odor emissions from the plastics manufacturing process of such duration and concentration as to adversely affect human health or welfare, animal life, vegetation, or property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property; PENALTY: $4,200; ENFORCEMENT COORDINATOR: Kevin Cauble, (512) 239- 1874; REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. Issued in Austin, Texas, on February 3, 1997. TRD-9701500 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: February 3, 1997 Provisionally-Issued Temporary Permits to Appropriate State Water Listed below are permits issued during the period of January 31, 1996. Application Number TA-7769 by Champagne Webber, Inc. Texas for diversion of 10 acre-feet in a one year period for industrial (highway construction) use. Water may be diverted from Chambers Creek at the stream crossing of Interstate Highway 45, approximately 5 miles north of Corsicana in Navarro County, Texas, Trinity River Basin. Application Number TA-7770 by Transcontinental Gas Pipe Line Corporation for diversion of 2 acre-feet in a 1-year period for industrial (hydrostatic test of pipeline) use. Water may be diverted from the State Highway 494 right of way crossing of Bens Branch, approximately 20 miles southeast of Conroe, Montgomery County, Texas, San Jacinto River Basin. Application Number TA-7771 by Ballenger Construction Company for diversion of 10 acre-feet in a 1-year period for industrial (highway construction) use. Water may be diverted from the Rio Grande (impounded in an off-channel reservior) 1.4 miles west of the intersection of FM 1430 & US 183, Starr County, Texas, Rio Grande Basin. Application Number TA-7772 by Nobles Road Construction, Inc. For diversion of 9.00 acre-feet in a 12 month period for industrial use. Water may be diverted from Clear Fork of the Brazos River, Brazos River Basin, at a location approximately 14 miles north-northeast of Albany, Shackleford County, Texas, Brazos River Basin. Application Number TA-7773 by D. L. Lennon, Incorporated for diversion of 2 acre-feet in a one year period for industrial (highway construction) use. Water may be diverted from South Sulphur River, at the stream crossing of Farm to Market Road 272, approximately 14 miles south of Bonham in Fannin County, Texas. The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed above and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be cancelled without notice and hearing. No further diversions may be made pending a full hearing as provided in Section 295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711, Telephone (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 787311, (512) 239-3300. Issued in Austin, Texas, on February 3, 1997. TRD-9701508 Mamie M. Black Acting Chief Clerk Texas Natural Resource Conservation Commission Filed: February 3, 1997 Texas Parks and Wildlife Department Barton Springs Salamander Conservation Team Meeting The Barton Springs Salamander Conservation Team (BSSCT) will hold a working group meeting on Tuesday, February 18, 1996, 9:30 a.m. in the Commission Hearing Room, Texas Parks and Wildlife Department headquarters , 4200 Smith School Road, Austin. The public is invited to observe this meeting. No opportunity for oral comments from the public is allotted for this meeting, but written comments will be accepted. For more information, contact Dr. David E. Bowles, BSSCT Chairman (512) 754-6844. Issued in Austin, Texas, on January 30, 1997. TRD-9701393 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Filed: January 30, 1997 Public Utility Commission of Texas Notices of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of an 80 station addition to the existing PLEXAR-Custom Service for City of Fort Worth in Fort Worth, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for Approval of 80 Station Addition to Existing PLEXAR-Custom Service for City of Fort Worth in Fort Worth, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16935. The Application. Southwestern Bell Telephone Company is requesting approval of an 80 station addition to existing PLEXAR-Custom service for City of Fort Worth in Fort Worth, Texas. The geographic service market for this specific service is the Dallas, 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 call the Public Utility Commission Consumer Affairs Section at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136. Issued in Austin, Texas, on January 31, 1997. TRD-9701468 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: January 31, 1997 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of a new PLEXAR-Custom Service for Amarillo National Bank in Amarillo, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for New PLEXAR-Custom Service for Amarillo National Bank in Amarillo, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16963. The Application. Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for Amarillo National Bank in Amarillo, Texas. The geographic service market for this specific service is the Amarillo, 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 call the Public Utility Commission Consumer Affairs Section at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on January 31, 1997. TRD-9701463 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: January 31, 1997 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of a 75 station addition to the existing PLEXAR-Custom Service for Smith County in Tyler, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for Approval of 75 Station Addition to Existing PLEXAR-Custom Service for Smith County in Tyler, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16958. The Application. Southwestern Bell Telephone Company is requesting approval of a 75 station addition to existing PLEXAR-Custom service for Smith County in Tyler, Texas. The geographic service market for this specific service is the Longview, 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 call the Public Utility Commission Consumer Affairs Section at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on January 31, 1997. TRD-9701467 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: January 31, 1997 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of a 1750 station addition to the existing PLEXAR-Custom Service for The University of Texas M.D. Anderson Cancer Center in Houston, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for Approval of 1750 Station Addition to Existing PLEXAR-Custom Service for The University of Texas M.D. Anderson Cancer Center in Houston, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16959. The Application. Southwestern Bell Telephone Company is requesting approval of a 1750 station addition to existing PLEXAR-Custom service for The University of Texas M.D. Anderson Cancer Center in Houston, Texas. The geographic service market for this specific service is the Houston, 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 call the Public Utility Commission Consumer Affairs Section at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on January 31, 1997. TRD-9701466 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: January 31, 1997 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of a 460 station addition to the existing PLEXAR-Custom Service for El Paso Times Inc. in El Paso, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for Approval of 460 Station Addition to Existing PLEXAR-Custom Service for El Paso Times Inc. in El Paso, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16961. The Application. Southwestern Bell Telephone Company is requesting approval of a 460 station addition to existing PLEXAR-Custom service for El Paso Times Inc. in El Paso, Texas. The geographic service market for this specific service is the El Paso, 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 call the Public Utility Commission Consumer Affairs Section at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on January 31, 1997. TRD-9701465 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: January 31, 1997 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of a 20 station addition to the existing PLEXAR-Custom Service for Bank One-Fort Worth in Fort Worth, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for Approval of 20 Station Addition to Existing PLEXAR-Custom Service for Bank One- Fort Worth in Fort Worth, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16962. The Application. Southwestern Bell Telephone Company is requesting approval of a 20 station addition to existing PLEXAR-Custom service for Bank One-Fort Worth in Fort Worth, Texas. The geographic service market for this specific service is the Dallas, 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 call the Public Utility Commission Consumer Affairs Section at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on January 31, 1997. TRD-9701464 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: January 31, 1997 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of an 89 station addition to the existing PLEXAR-Custom Service for Fort Worth ISD in Fort Worth, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for Approval of 89 Station Addition to Existing PLEXAR-Custom Service for Fort Worth ISD in Fort Worth, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16964. The Application. Southwestern Bell Telephone Company is requesting approval of an 89 station addition to existing PLEXAR-Custom service for Fort Worth ISD in Fort Worth, Texas. The geographic service market for this specific service is the Dallas, 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 call the Public Utility Commission Consumer Affairs Section at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on January 31, 1997. TRD-9701462 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: January 31, 1997 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of Optional Features only addition to the existing PLEXAR-Custom Service for Uvalde Consolidated ISD in Uvalde, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for Approval of Optional Features Only Addition to Existing PLEXAR-Custom Service for Uvalde Consolidated ISD in Uvalde, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16934. The Application. Southwestern Bell Telephone Company is requesting approval of optional features only addition to existing PLEXAR-Custom service for Uvalde Consolidated ISD in Uvalde, Texas. The geographic service market for this specific service is the Houston, 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 call the Public Utility Commission Consumer Affairs Section at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on January 31, 1997. TRD-9701460 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: January 31, 1997 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of a 137 station addition to the existing PLEXAR-Custom Service for Abilene Regional Medical Center-MHMR in Abilene, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for Approval of 137 Station Addition to Existing PLEXAR-Custom Service for Abilene Regional Medical Center-MHMR in Abilene, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16931. The Application. Southwestern Bell Telephone Company is requesting approval of a 137 station addition to existing PLEXAR-Custom service for Abilene Regional Medical Center-MHMR in Abilene, Texas. The geographic service market for this specific service is the Abilene, 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 call the Public Utility Commission Consumer Affairs Section at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on January 31, 1997. TRD-9701461 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: January 31, 1997 Public Notice of Interconnection Agreement On January 24, 1997, Western Wireless Corporation, doing business as Cellular One (Western Wireless) filed a proposed interconnection agreement with GTE Southwest, Incorporated (GTE), seeking commission approval of the interconnection agreement under the Federal Telecommunications Act of 1996 (FTA96) (Public law Number 104-104, 110 Statute 56 (1996), (to be codified at 47 United States Code sec.sec.151 et seq), and the Public Utility Regulatory Act of 1995 (PURA95) (Texas Revised Civil Statute Annotated, Article 1446c-0 Vernon Supplement 1997). The interconnection agreement was filed in compliance with the Arbitration Award issued by the commission's FTA96 sec.252 Arbitration Panel in Docket Number 16402. The filed interconnection agreement is available for public inspection at the commission's offices in Austin, Texas. FTA96 authorizes the commission to review and approve any interconnection agreement adopted pursuant to arbitration. Pursuant to FTA96 sec.252(e)(2) the commission may reject any agreement only in the particular circumstances set forth in the statute. Under FTA96 sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 30 days after it is submitted by the parties. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the interconnection agreement by filing 18 copies of the comments with the commission's filing clerk. A copy of the comments should be served on Western Wireless and GTE. The comments should specifically refer to Docket Number 16402. The comments shall be filed no later than February 12, 1997, and shall include: (1) a detailed statement of the person's interest in the agreement including a description of how approval of the agreement may adversely affect those interests; (2) specific allegations that the agreement, or some portion thereof: (A) does not meet the requirements of FTA96 sec.251, including any applicable FCC regulations implementing sec.251; or (B) is not consistent with the standards established in FTA96 sec.252(d); or (C) is not consistent with other requirements of state law; and (3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the filed agreement. Persons with questions about this docket or who wish to comment on the proposed interconnection agreement should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Consumer Affairs at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 16402. Issued in Austin, Texas, on January 30, 1997. TRD-9701382 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: January 30, 1997 Public Notice of Interconnection Agreement On January 27, 1997, Southwestern Bell Telephone Company (SWB) and M-Tel Resources, Inc. (M-Tel) collectively referred to as Applicants filed a joint application for approval of an interconnection agreement under the Federal Telecommunications Act of 1996 (FTA) (Public Law Number 104-104, 110 Statutes 56 (1996), (to be codified at 47 United States Code sec.sec.151 et seq) and the Public Utility Regulatory Act of 1995 (PURA95) (Texas Revised Civil Statutes Annotated Article 1446c-0 Vernon Supplement 1997). The joint application has been designated Docket Number 16957. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 18 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the Applicants. The comments should specifically refer to Docket Number 16957. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 14, 1997, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, an Administrative Law Judge (ALJ) of the commission will determine whether to conduct further proceedings concerning the joint application. The ALJ shall have the authority given to a presiding officer pursuant to Public Utility Commission Procedural Rule sec.22.202. The ALJ may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the Applicants, if necessary, and briefing and oral argument. The ALJ may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Consumer Affairs at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136. All correspondence should refer to Docket Number 16957. Issued in Austin, Texas, on January 31, 1997. TRD-9701469 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: January 31, 1997 The Texas A&M University System-Board of Regents Group Life Insurance Proposal Request In accordance with the Texas Insurance Code, Article 3.50-3, as amended, The Texas A&M University System (the System) announces a Request for Proposals (RFP) for its group life insurance plans. The System offers a basic life plan, a salary-based optional life plan and a dependent life plan with two levels of coverage. Firms wishing to respond to this request should be able to demonstrate experience and qualifications necessary to provide coverage and services to support the plans. The System is interested in offering employees/retirees financially stable plans and quality service. Consequently, the chosen vendor must be able to demonstrate prior experience in offering life insurance plans to large multi-location employers. The System will only work directly with the insurance carrier rather than through a broker, agent or dealer. The RFP instructions which detail information regarding the project are available upon request from the System. The deadline for receipt of the proposals in response to this request will be 4:00 p.m. on March 18, 1997. The System reserves the right to accept or reject any or all proposals submitted. It is under no legal requirement to execute a resulting contract on the basis of this advertisement. The System intends to use responses as a basis for evaluation and further negotiations of specific project details and will base its choice on cost, demonstrated competence, superior qualifications, and evidence of conformance with the RFP criteria. This RFP does not commit the System to pay any costs incurred prior to execution of a contract. Issuance of this material in no way obligates the System to pay any costs incurred in the preparation of a response. The System specifically reserves the right to vary all provisions set forth at any time prior to execution of a contract where the System deems it to be in its best interest. To obtain copies of the RFP instructions, please submit a written request to Mr. Steven W. Hassel, Director, Benefit Programs, System Human Resources, The Texas A&M University System, College Station , Texas 77843-1117 (physical address: 301 Tarrow Drive, John B. Connally Building, 5th Floor, College Station, Texas 77840), FAX (409) 845-5281. For questions or further information regarding this notice, contact Mr. Steven W. Hassel, at (409) 845-2026. Issued in Austin, Texas, on January 31, 1997. TRD-9701480 Vickie Burt Executive Secretary to the Board The Texas A&M University System-Board of Regents Filed: February 3, 1997 Notice Upon Entering into Major Consulting Services Contract (Cost Accounting Standards Board Disclosure) The Texas A&M University System provides the following information for publication in the Texas Register to fulfill post-award publication requirements for a consultant contract accepted on January 10, 1997. The original request for proposal appeared in the November 26, 1996, issue of the Texas Register (21 TexReg 11547). A description of the study to be conducted: The consultant has been hired by The Texas A&M University System (A&M System) to provide advice and counsel in the filing of the Cost Accounting Standards Board Disclosure Statement, as required for educational institutions by Office of Management and Budgets Circular A-21. The consultant will conduct a workshop with A&M System employees to review and revise a draft Disclosure Statement. He will check for inconsistencies and errors. He will determine whether the Disclosure Statement is a true reflection of actual accounting practices. The consultant will compare the A&M System Disclosure Statement to those already filed with the Department of Health and Human Services by other universities. Lastly, the consultant will review the final A&M System Disclosure Statement before submission to the Department of Health and Human Services. The name of the consultant: Gary Talesnik, KPMG Peat Marwick, 707 17th Street, Suite 2300, Denver CO, 80202 The amount of the contract: The contract is initially capped at $30,000 plus actual out-of-pocket expenses not to exceed 40% of professional fees. These expenses include such items as secretarial support and travel. This means the total contract should not exceed $42,000. The due dates of the reports the consultant is requires to give the system part: Gary Talesnik will conduct a workshop in February of 1997 to review and revise a draft Disclosure Statement. He will check for inconsistencies and errors in our draft. He will discuss the final Disclosure Statement with A&M System employees before August 1997. The Disclosure Statement is due to the Department of Health and Human Services on August 31, 1997. Issued in College Station, Texas, on January 29, 1997. TRD-9701372 Vickie Running Executive Secretary to the Board The Texas A&M University System, Board of Regents Filed: January 30, 1997 Texas Department of Transportation Request for Proposals Notice of Invitation: The Transportation Planning and Programming Division of the Texas Department of Transportation (TxDOT) intends to engage an engineer, pursuant to Texas Government Code, Chapter 2254, Subchapter A, and 43 TAC sec.sec.9.30-9.40, to provide the following services. To qualify for contract award a selected engineer must perform a minimum of 30 percent of the actual contract work. Contract Number 50-745P5006: IH 35 Corridor Study. This study will be a needs assessment for the corridor from Laredo, Texas to Duluth, Minnesota. The study objective is to investigate the current modes of travel in the corridor, evaluate the current and future required transportation infrastructure, and evaluate the potential use of emerging technologies to support freight and passenger travel. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (512) 467-3952, by E-mail at pthurin@mailgw.dot.state.tx.us, or by hand delivery to TxDOT, Transportation Planning and Programming Division, Attention: Peggy Thurin, 40th and Jackson Avenue, Building 1, Austin, Texas, or by mail addressed to TxDOT, Attention: Peggy Thurin, P.O. Box 5051, Austin, Texas, 78763-5051. Letters of interest will be received until 5:00 p.m. on Tuesday, February 25. The letter of interest must include the engineer's firm name, address, telephone number, fax number, E-mail address, name of engineer's contact person and refer to 50-745P5006: IH 35 Corridor Study. Upon receipt of the letter of interest a Request for Proposal packet will be issued. (Note: The letters of interest, either by mail/hand delivery, fax or E-mail, will be required to receive the Request for Proposal packet. The letter of interest is required in order to receive a request for proposal packet and in order for a prime provider to submit a proposal.) Preproposal Meeting: A preproposal meeting will be held on Wednesday, March 5, at the TxDOT, Dallas District Headquarters, 9700 East R. L. Thorton, Dallas, Texas 75228 beginning at 2 p.m. (TxDOT will not accept a proposal from an engineer who has failed for any reason to attend the mandatory preproposal meeting). Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or braille, are requested to contact Mary Bush, at (214) 320-6111 at least two work days prior to the meeting so that appropriate arrangements can be made. Proposal Submittal Deadline: Proposals for Contract Number 50-745P5006, IH 35 Corridor Study, will be accepted until 5:00 p.m. on Wednesday, April 9, at the previously mentioned TxDOT, Transportation Planning and Programming Division addresses. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Alvin R. Luedecke, Jr., P.E. at (512) 465-7346 or fax (512) 467-3952. Issued in Austin, Texas, on February 3, 1997. TRD-9701494 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: February 3, 1997 Stephen F. Austin State University Notice of Availability of Construction Management Project Pursuant to Chapter 2254, Government Code, Stephen F. Austin State University (SFASU) requests proposals from qualified firms to provide construction management services for renovation of the University Centers cafeteria on the SFASU campus. SFASU is presently using J. E. Kingham Construction Company as construction manager in construction and renovation of the Music Building, renovation of the Austin Building, installation of an elevator in the Human Sciences building, and installation of a campus-wide utility loop. J. E. Kingham has expressed an interest in serving as construction manager for renovation of the University Centers cafeteria and SFASU will fully consider the efficiencies inherent in employing Kingham on this project, unless a better proposal is received. SFASU will select the construction manager based on demonstrated competence, knowledge, qualifications, and reasonableness of the proposed fee; additionally, if other considerations are equal, preference will be given to a construction manager whose principal place of business is in the State or who will manage the contract wholly from an office in the State. Firms interested in responding to this request for proposals may obtain information by contacting John Rulfs, Assistant Director of Physical Plant, Stephen F. Austin State University, PO Box #13031 SFA Station, Nacogdoches, Texas 75962. Phone (409) 468-4341 or Fax (409) 468-4446. Proposals must be received no later than 2:00 p.m., February 28, 1997. Issued in Austin, Texas, on January 31, 1997. TRD-9701481 R. Yvette Clark General Counsel Stephen F. Austin State University Filed: February 3, 1997 Texas Workforce Commission Request for Proposals TEXAS RESOURCE and REFERRAL CHILD CARE GRANT The Texas Workforce Commission invites proposals for Texas Child Care Resource and Referral Grant (TRRCCG) for child care resource and referral (R&R) enhancement activities. Proposers may request funds for initiatives that would improve or expand R&R service quality and effectiveness. Funds must be requested for direct service activities (no administrative costs). The grant requires 25% local matching funds. A. Authorization of Funding The funds for the Child Care Fund Grant are authorized under the FY 1997 Appropriations Bill for the Department of Health and Human Services, Child Care and Development Fund (CCDF). Funds are subject to the requirements of the Child Care and Development Block Grant (CCDBG) Act. B. Scope of Work Grant funds may be used for the planning, development, establishment, operation, expansion, and/or improvement of programs to provide child care resource and referral services. C. Eligible Applicants Criteria Eligible applicants submitting proposals for the TRRCCG grant must meet the following criteria and must provide requested service eligibility documentation in the grant application in the format requested. 1) Eligible applicants include public agencies, not-for-profit organizations, and for-profit businesses. 2) Eligible applicants must have a proven track record of three years of successful business operation, and: a. maintain a comprehensive up to date data base with the technical capacity to collect, analyze, and provide public access on all child care programs (regulated care. pre-k, Head Start, etc.) supported by consultation and referral on child care options by child development experts to all income and ethnic backgrounds for a specific geographic defined area. b. offer training and technical assistance to all categories of child care providers by a child development or early childhood specialist. c. have experience conducting analyses of community child care needs for infants through school-age children and developing resources in response to identified needs. d. have established communication and linkages with existing community services, especially information resource and referral (IR&R) and other family-serving agencies through the R&R service area. e. describe any leverage funding and any other resources available to develop services for families of all income levels (e.g., corporate contracts, grants, child and adult care food program). D. Available Funding Proposals for resource and referral services may request up to $50,000. Grant funds will be reimbursed on a cost reimbursement basis. Total grant funding is approximately $500,000. E. Funding Restrictions 1) One hundred percent of grant funds must be used for "direct service" program costs. Administrative costs are not eligible for reimbursement under the grant. 2) Recipients of grant funds must have an accounting system that can track grant revenues and/or expenditures separately to meet State/Federal monitoring requirements. 3) Funding should not be used to supplant existing funding or services currently provided, and/or for child care fees F. Matching Funds Proposals are required to provide 25% local matching funds (direct costs and/or in-kind) for this grant. Matching funds must not be from Federal/State sources that prohibit use of matching and/or any funds that are dedicated to another fund as match. Proposals must identify the source and type of funds dedicated for Match. G. Length of Contract The contract period is 15 months beginning June 1, 1997, or as soon thereafter as contracts can be executed. All contracts will end on August 31, 1998, or before if funds have been expended. H. Selection, Notification, and Negotiation Process Proposals will be graded by both the Texas Workforce Commission and outside readers. Grading criteria will be included in the grant applicant packet. The Texas Workforce Commission anticipates completing the selection process by no later than April 4, 1997. Negotiations will be conducted by TWC as deemed necessary. TWC reserves the right to vary all provisions of this RFP prior to the execution of a contract and to execute amendments to contracts when TWC deems such variances and/or amendments are in the best interest of the State of Texas. I. Due Date and Agency Contact The deadline for receipt and consideration of the Child Care Fund Grant proposal is 4:00 p.m. CST, April 4, 1997. For further information and to order Application Packets, contact the Grants Staff, Texas Work and Family Clearinghouse, Room 416T, 101 East 15th Street, Austin, Texas 78778-0001. Phone: (512) 936-3228, FAX: (512) 936-3255. A list of funded grantees will be published in the Texas Register following contract execution. J. TWC's Obligations TWC's obligations under this RFP are contingent upon the actual receipt by the Agency of funds from the US Department of Health and Human Services. If adequate funds are not available to make payments under this grant, TWC shall terminate this RFP and will not be liable for failure to make payments to applicants under this RFP. Issued in Austin, Texas, on January 31, 1997. TRD-9701412 Esther Hajdar Director of Legal Services Texas Workforce Commission Filed: January 31, 1997