Pat D. Westbrook, Executive Director of the Texas Commission for the Blind (the Commission), has announced the availability of funds for contracting with external entities (public or other nonprofit agencies) for the purpose of establishing, developing, or improving of an organization's rehabilitation program that provides services to people who are blind and that promote integration and competitive employment. The Commission's primary objective is to broaden the availability of blindness-specific services and service providers that are skilled and experienced in working with the Commission's service population.

The provider will be responsible for establishing a program that provides vocational rehabilitation services, transitional services or extended employment services to individuals who are blind or severely visually impaired. Targeted program areas are:

-- Vocational training

-- Job readiness training

-- Informed choice in accessing the job market

-- Job development and job placement

-- Technological evaluations

-- Literacy, including braille, technological and educational

-- Creating job opportunities

MINIMUM CRITERIA. The provider must have demonstrated skills in providing vocational rehabilitation services to individuals who are blind or severely visually impaired. Additional consideration will be given to providers with skills in working with individuals who are blind and who have other functional disabilities.

MINIMUM LOCAL PARTICIPATION. The provider must provide local participation in nonfederal funds of not less than 21.3% of the total project.

TARGETED POPULATION. This initiative is targeted at individuals who are blind or severely visually impaired who are being served by the Commission and have been determined eligible for services by their vocational rehabilitation counselors.

WHO IS ELIGIBLE TO APPLY. Public or nonprofit organizations that can provide vocational rehabilitation services to Commission consumers are eligible to apply.

APPLICATION PROCEDURES. All applications must be postmarked no later than July 14, 1997. Applications should be submitted to Jim Fowler, Deputy Director, Administration and Finance, Texas Commission for the Blind, 4800 N. Lamar, Suite 320, Austin, Texas 78756. Applications should consist of a narrative which describes:

(1) organization applying, including type of organization, years in existence, number of employees, an organization chart and any other information that describes the organization's structure;

(2) proposed geographic coverage;

(3) experience and results in providing rehabilitation services to the target population;

(4) an attachment which describes the proposed program, including a program curriculum/outline;

(5) an itemized budget, including a budget narrative that justifies the budget items and clearly indicates the budget period, matching share of the budget, and the source of the matching share;

(6) knowledge of the Americans with Disabilities Act as it pertains to employment and compliance with terms of the Americans with Disabilities Act ;

(7) additional information about the organization and past achievements applicable to this initiative;

(8) goals and program objectives, including projected number of consumers to be served;

(9) outputs and measurable outcomes that directly relate to the program;

(10) agency policy and procedures related to the project;

(11) a list of agreements with other state agencies; and

(12) evidence of compliance with the Texas Review and Comment System.

INQUIRIES: To facilitate the process, interested parties are urged to contact the Texas Commission for the Blind with related questions prior to drafting proposals. Inquiries should be directed to Jim Fowler at (512) 459-2605.

REIMBURSEMENT AND METHOD OF PAYMENT: Providers will be reimbursed for actual expenditures and expenditures anticipated to be incurred not more than thirty days from the request for reimbursement. In order to receive federal funds, the provider will be required to submit to the Commission the matching portion of each actual and anticipated expenditure. The Commission, from federal funds on deposit with the State Treasury, will withdraw and transmit the total amount of the anticipated expenditure. The time required for processing the request for funds is approximately two to three weeks. Payment will be made by State of Texas warrant.

Each provider must submit quarterly financial reports and narrative project performance reports comparing actual accomplishments to the goals established for the period, reasons for variance where established goals are not met and other pertinent information, including, when appropriate, analysis and explanation of cost overruns or high unit costs. A final financial and project narrative report is required upon completion of the project. The Commission will provide the required report formats.

REVIEW CRITERIA: Applications will be reviewed by a panel of Commission staff.

To be considered for review by the panel, a proposal must meet the following minimum criteria:

(1) The proposal must address the explicit purpose cited in this notice.

(2) The proposal must address provider expertise with the subject matter and provide the qualifications of key personnel.

(3) The proposal must provide evidence of provider professional and organizational capacity to achieve the objectives in a timely manner.

(4) The proposal must include the provider's agreement to sustain services at reimbursement rates to be established after the project period has expired.

Additional Factors: The review panel's evaluation of the provider's proposal will also include the following factors:

-- Philosophy regarding employment of individuals with disabilities, especially blindness.

-- Experience in effectively imparting information critical to increasing employment opportunities for people who are blind.

-- Experience in providing employment assistance to individuals who are blind or severely visually impaired.

-- Experience in providing rehabilitation services, particularly to individuals who are blind or severely visually impaired.

-- Knowledge of the Americans with Disabilities Act as it pertains to employment.

-- Knowledge of the Rehabilitation Act of 1973, as amended through 1994.

Issued in Austin, Texas, on June 4, 1997.

TRD-9707247

Pat D. Westbrook

Executive Director

Texas Commission for the Blind

Filed: June 4, 1997

The Department of Health is required under Texas Civil Statutes, Article 4495b, §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 Angelina Pediatrics, located at 1605 West Frank Street, Lufkin (Angelina 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 publication date of this notice.

Issued in Austin, Texas, on June 9, 1997.

TRD-9707438

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 9, 1997

The Department of Health is required under Texas Civil Statutes, Article 4495b, §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 Channelview School Based Clinic, 828 Sheldon Road, Channelview, (Harris County), Texas, 77530. 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 publication date of this notice.

Issued in Austin, Texas, on June 9, 1997.

TRD-9707444

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 9, 1997

The Department of Health is required under Texas Civil Statutes, Article 4495b, §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 South Houston Elementary located at 900 Main Street, South Houston (Harris County), Texas 77587. 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 publication date of this notice.

Issued in Austin, Texas, on June 9, 1997.

TRD-9707445

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 9, 1997

The Department of Health is required under Texas Civil Statutes, Article 4495b, §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 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 June 9, 1997.

TRD-9707446

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 9, 1997

INTRODUCTION: The Texas Department of Health (department) is accepting requests for proposals (RFP) from new and/or small community-based organizations (CBOs) wishing to build their capacity to support Human Immunodeficiency Virus (HIV) prevention projects within their community. This funding will be used to support capacity building activities such as administrative and financial systems support, board development, and grant writing training.

PURPOSE: Applicants must be new or small CBOs which are willing to provide HIV prevention activities, utilizing current staff and/or volunteers, to populations at high risk of HIV infection. Appropriate HIV prevention activities include street outreach, risk reduction, and health education to individuals or small groups, prevention counseling and HIV testing, prevention case management, and other appropriate community level interventions. These funds will enable the CBOs to enhance their capacity to provide HIV prevention services and prepare them to compete for future HIV prevention funds.

ELIGIBLE APPLICANTS: Eligible entities are restricted to private, nonprofit, CBOs within the state of Texas which are not currently receiving the department's HIV prevention funds. Entities that have had state or federal contracts terminated within the last 24 months for deficiencies in fiscal or programmatic performance are not eligible to apply.

AVAILABLE FUNDS: Award of these funds is contingent upon a supplemental federal grant award to the department from the Centers for Disease Control and Prevention. This request for proposals is made prior to the award of these funds to allow applicants sufficient time to respond to the application due date. Award of these funds is contingent upon satisfactory completion of the supplemental grant application and the negotiation process. The projected amount available is approximately $150,000 through December 31, 1998. The department expects to fund four or more projects, with no project to exceed $20,000 in a 12-month period.

REVIEW AND AWARD CRITERIA: Each application will be screened for minimum eligibility, completeness, and satisfactory fiscal and administrative history. Applications which are deemed ineligible or incomplete will not be reviewed. Applications which arrive after the deadline for submission will not be reviewed. Eligible, complete applications will be reviewed by a panel of reviewers and scored according to the quality of the application, extent of the capacity building need, and the appropriateness of their HIV prevention plan. Applicants are strongly encouraged to develop their HIV prevention plan in accordance with the target populations and interventions identified in the 1996 Comprehensive HIV Prevention Plan, which will be included in the RFP.

FOR INFORMATION: For a copy of the RFP, and other information, contact Ms. Laura Ramos, HIV/STD Health Resources Division, at (512) 490-2525 or at E-mail: lramos@std.tdh.state.tx.us. The proposals are due July 28, 1997. No facsimiles will be accepted. No copies of the RFP will be released prior to June 12, 1997.

Issued in Austin, Texas, on June 9, 1997.

TRD-9707439

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 9, 1997

The Texas Department of Health (department), Bureau of Clinical and Nutrition Services, is accepting request for proposals (RFP) for the provision of maternal and child health services for Bosque, Burnet, and Limestone Counties. Services include prenatal, family planning, preventive child health care and case management. Notification of awards will be determined by July 30, 1997. Contracts which may be awarded through this process will be effective September 1, 1997 through August 31, 1998.

If none of the applicants satisfactorily meet the criteria, the department reserves the right to make no award. The department also reserves the right not to make an award because of changing funding priorities. After application review and evaluation, an applicant will be selected to negotiate a contract. The final amount of the contract will be determined through negotiations between the department and the applicant. The department reserves the right to adjust the funding allocation during the term of the contract pursuant to the terms of the contract.

Individuals or agencies interested in submitting a proposal should request a copy of the Request for Proposal from Sherril Miller, Title V Coordinator at (512) 458-7444, ext. 2016. The original and one copy of the RFP must be received by 5:00 p.m. C.S.T., on July 18, 1997, Texas Department of Health, Room M360, 1100 West 49th Street, Austin, Texas 78756. Proposals received after the deadline or incomplete proposals will not be evaluated.

Issued in Austin, Texas, on June 9, 1997.

TRD-9707440

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 9, 1997

The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Default Order. The TNRCC Staff proposes Default Orders when the Staff has sent an Executive Director's Preliminary Report (EDPR) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the Executive Director of the TNRCC pursuant to Health and Safety Code, the Texas Clean Air Act (the Act), Chapter 382, §382.096, this notice of the proposed orders and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 12, 1997 . The TNRCC will consider any written comments received and the TNRCC may withhold approval of a Default Order if a comment indicates the proposed Default Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Additional notice will not be made if changes to a Default Order are made in response to written comments.

A copy of the proposed Default Order is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the Default Order should be sent to the Staff Attorney designated for the Default Order 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 July 12, 1997 . Written comments may also be sent by facsimile machine to the Staff Attorney at (512) 239-3434. The TNRCC Staff Attorneys are available to discuss the Default Order and/or the comment procedure at the listed phone numbers; however, comments on the Default Order should be submitted to the TNRCC in writing .

(1)COMPANY: C & C Paint and Body; DOCKET NUMBER: 96-1497-AIR-E; ACCOUNT NUMBER: DB-3697-B; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: paint and body shop; RULE VIOLATED: 30 TAC §115.422(1)(A) and the Act, §382.085(b) by failing to install and operate a system which totally encloses spray guns, cups, nozzles, bowls, and other parts during washing, rinsing, and draining procedures; 30 TAC §115.426(a)(1)(A) and the Act, §382.085(b) by failing to maintain a material data sheet which documents the volatile organic compound content, composition, solids content, solvent density, and other relevant information regarding each coating and solvent available for use in the affected surface coating processes sufficient to determine continuous compliance with applicable control limits; 30 TAC §115.426(a)(1)(B) and the Act, §382.085(b) by failing to maintain records of the quantity and type of each coating and solvent consumed during the specified averaging period and in sufficient detail to calculate the applicable weighted average of volatile organic compounds for all coatings; 30 TAC §115.426(a)(1)(D) and the Act, §382.085(b) by failing to maintain the records required by TNRCC rules for at least two years and to make them available upon request by representatives of the TNRCC, United States Environmental Protection Agency (EPA), or local air pollution control agency; and 30 TAC §116.110(a) and the Act, §382.0518(a) of by failing to obtain a permit or satisfy the conditions for an exemption prior to constructing any new facility or modifying any existing facility which may emit air contaminants into the air; PENALTY: 1,000; STAFF ATTORNEY: Booker Harrison, Litigation Support Division, MC 175; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(2)COMPANY: Henry Trevizo dba Henry's Trouble Shooter And Body Shop; DOCKET NUMBER: 96-1295-AIR-E; ACCOUNT NUMBER: EE-0723-T; LOCATION: El Paso County, El Paso TYPE OF FACILITY: paint and body shop; RULE VIOLATED: 30 TAC §116.110(a) and §116.115(a) and the Act, §382.085(b) and §382.0518(a) by failing to obtain a permit or satisfy the conditions of a standard exemption prior to constructing and operating a facility that conducts spray painting and failing to install a stack on a spray paint booth; PENALTY: $500; STAFF ATTORNEY: Patricia Welton, Litigation Support Division, MC 175; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

Issued in Austin, Texas, on June 9, 1997.

TRD-9707404

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: June 9, 1997

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, §382.096. The Act, §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 July 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 A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the staff attorney 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 July 12, 1997. Written comments may also be sent by facsimile machine to the staff attorney at (512) 239-3434. The TNRCC staff attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §382.096 provides that comments on the AOs should be submitted to the TNRCC in writing.

(1)COMPANY: Allwaste Recovery Systems; DOCKET NUMBER: 96-1096-AIR-E; ACCOUNT NUMBER:DB-1138-K; LOCATION: Dallas County, Dallas; TYPE OF FACILITY: restaurant waste and industrial waste handling plant; RULE VIOLATED: 30 TAC §101.4 and the Act, §382.085(a) and (b) by emitting nuisance-level odors from the Plant on November 15, 1995 and September 9, 1996; PENALTY: $4,000; STAFF ATTORNEY: Kara Salmanson, Litigation Support Division, MC 175; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(2)COMPANY: ICO, Inc.; DOCKET NO: 96-0837-AIR-E; ACCOUNT NUMBER: HG-0539-K; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: pipe cleaning and coating plant; RULES VIOLATED: 30 TAC §116.110 and the Act, §382.0518(a) and §382.085(b) by operating the External Varnish/Coating Operation from March 23, 1993 through August 30, 1994 without a valid permit or satisfying all the conditions for a standard exemption; and 30 TAC §116.115 and the Act, §382.085(b) by violating provisions of the permit as follows: from October 29, 1993 through August 28, 1994 by exceeding primer usage limits for the Powder Coating Line; by failing to maintain the thermal oxidizer combustion operating chamber at a temperature of at least 1,400 degrees Farenheit. Also, the records to demonstrate compliance with this Special Provision were not available for review as required at the time of the inspection; by failing to submit, by the required deadline, documentation specified in the permit to show compliance with all Special Provisions in it; as discovered during the July 19, 1994, investigation by failing to have operating instructions for thermal oxidizer posted as required; and the permit required stack sampling be done no later than May 1, 1994, and that the final test report be submitted to TNRCC staff no later than 60 days after that. Testing was not conducted until May 18, 1995 (with the final report received by TNRCC staff on August 4, 1995); PENALTY: $17,000; STAFF ATTORNEY: Walter Ehresman, Litigation Support Division, MC 175; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423.

(3)COMPANY: Pleasant Hills Joint Venture; DOCKET NUMBER: 96-1808-AIR-E; ACCOUNT NUMBER: EE-1841-F; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: subdivision development site; RULE VIOLATED: 30 TAC §111.141(1) and the Act, §382.085(b) by failing to use water, suitable oil, or chemicals for control of dust in construction operations or in the clearing of the land, and 30 TAC §101.4 and the Act, §382.085(a)( and (b) by discharging one or more air contaminants or combinations thereof, in such concentration and of such duration as are or may tend to be injurious to or 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: $10,000; STAFF ATTORNEY: Tracy Harrison, Litigation Support Division, MC 175; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925, (915) 778-9634.

(4)COMPANY: Wilco Auto Repair; DOCKET NUMBER: 96-177-AIR-E; ACCOUNT NUMBER: GI-0215-L; LOCATION: Sherman, Grayson County, Texas; TYPE OF FACILITY: vehicle repair and refinishing plant; RULE VIOLATED: 30 TAC §116.11(a) and the Act, §382.085(b) by failing to obtain a permit or satisfy the conditions for an exemption prior to constructing and operating a vehicle repair and refinishing plant; PENALTY: $500; STAFF ATTORNEY: Thomas Corwin, Litigation Support Division, MC-175; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

Issued in Austin, Texas, on June 9, 1997.

TRD-9707405

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: June 9, 1997

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, §382.096. The Act, §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 July 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, 1st 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 July 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, §382.096 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1)COMPANY: Casita Enterprises, Incorporated; DOCKET NUMBER: 96-1918-AIR-E; ACCOUNT NUMBER: NB-0063-E; LOCATION: Rice, Navarro County, Texas; TYPE OF FACILITY: fiberglass travel trailer manufacturing plant; RULE VIOLATED: 30 TAC §116.110(a) and the Act, §382.0518(a) and §382.085(b), by modifying its existing facility without first satisfying the conditions of a standard exemption or obtaining a permit; PENALTY: $600; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(2)COMPANY: F & R's Auto Sales; DOCKET NUMBER: 97-0251-AIR-E; ACCOUNT NUMBER: DB-3616-E; LOCATION: Grand Prairie, Dallas County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC §114.1(c)(1) and (2) and the Act, §382.085(b), by offering for sale a vehicle with missing and/or inoperable required emission control systems; PENALTY: $250; ENFORCEMENT COORDINATOR: David Edge, (512) 239-1779; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(3)COMPANY: GNI Chemicals Corporation; DOCKET NUMBER: 97-0119-AIR-E; ACCOUNT NUMBER: HG-3043-A; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §101.20(1) and §116.115(a) and the Act, §382.085(b), by failing to comply with New Source Performance Standards for testing the flare as required by Permit Number 22094, Special Provisions 23 and 24; PENALTY: $15,900; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500.

(4)COMPANY: Merichem Company; DOCKET NUMBER: 97-0038-AIR-E; ACCOUNT NUMBER: HG-0486-G; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §101.20(1), 40 CFR §60.115b(d)(2)-(3), and the Act, §382.085(b), by failing to maintain records of all periods of operation in which the flare pilot was absent and failing to submit semiannual reports of all periods recorded when the flare pilot flame was absent; 30 TAC §116.115(a) and the Act, §382.085(b), by failing to make audio, olfactory, and visual checks for cresylic acid and/or cresol leaks and failing to maintain records of leak repairs, by failing to monitor and record scrubber solution pH and/or flow rates, by failing to maintain continuous monitoring records of tank vent flare temperatures, by failing to maintain the minimum scrubber solution flow rate and/or pH, by failing to conduct a calibration error test on the Continuous Emission Monitor (CEM), by failing to promptly report CEM downtime not corrected within 24 hours due to excess calibration drift or CEM malfunction, by operating the Number 4 Boiler with less than 2.0% oxygen in the exhaust stack during liquid fuel firing, by failing to daily record the solvent stream flow rate for the vent condenser of the Nitrogen Base Extraction Unit, and by failing to record the time of scrubber pH analysis and/or time of recharge with fresh solution; 30 TAC §101.7(a) and (b), §116.115(a), and the Act, §382.085(b), by failing to operate all pollution capture and abatement equipment during normal operations and by failing to notify the TNRCC of planned maintenance, startup, or shutdown of three scrubbers; PENALTY: $37,200; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500.

(5)COMPANY: The Lubrizol Corporation; DOCKET NUMBER: 97-0123-AIR-E; ACCOUNT NUMBER: HG-0459-J; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §115.132(a) and §116.115(a) and the Act, §382.085(b), by failing to control volatile organic compound emissions from three oil water separators and by failing to route vents from two storage tanks to a flare; PENALTY: $24,500; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500.

(6)COMPANY: Thiel Manufacturing and Supply Company; DOCKET NUMBER: 97-0019-AIR-E; ACCOUNT NUMBER: HX-1196-S; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: scaffold manufacturing plant; RULE VIOLATED: 30 TAC §116.110(a) and the Act, §382.0518(a) and §382.085(b), by constructing and operating a scaffold manufacturing plant without first obtaining a permit or qualifying for a standard exemption; 30 TAC §115.412(a)(1) and §115.421(a)(9)(A)(iii) and the Act, §382.085(b), by using xylene solvents for cleaning the paint area and equipment without an emission control system and by using coatings that exceeded the 3.5 pounds of volatile organic compounds per gallon of coating emission limit; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500.

Issued in Austin, Texas, on June 6, 1997.

TRD-9707315

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: June 6, 1997

Permits issued during the period of June 6, 1997.

Application Number TA-7817 by Brown Engineering and Testing, Inc. for diversion of eight acre-feet in a one-year period for industrial (hydrostatic testing) purpose. Water may be diverted from the Sabine River, approximately 2.5 river miles west of the intersection of US Highway 59 and the Angelina River and approximately nine miles north-northwest of Lufkin, Angelina county, Texas, Neches River Basin.

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 canceled 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 78711, Telephone (512) 239-3300.

Issued in Austin, Texas, on June 6, 1997.

TRD-9707331

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 6, 1997

The executive director of the Texas Natural Resource Conservation Commission (TNRCC) has issued a public notice of the selection of a proposed remedial action for a State Superfund site which constitutes an imminent and substantial endangerment due to a release or threatened release of hazardous substances into the environment. The notice is being published in the Houston Chronicle on June 15, 1997.

In accordance with 30 Texas Administrative Code (TAC) §335.349(a), concerning requirements for the remedial action and the Texas Health and Safety Code, Chapter 361.187 Solid Waste Disposal Act, concerning the proposed remedial action, a public meeting regarding the proposed remedial action for the Houston Scrap State Superfund site must be held at least 45 days after publishing a notice in the Texas Register and a local newspaper.

The public meeting is scheduled at the Eva Alice McCrane Library, Kashmere Gardens Branch, 5411 Pardee, Houston, Texas on August 12, 1997 at 7:00 p.m.

The site for which a remedy has been selected, the Houston Scrap State Superfund site, was originally proposed for listing on the State Registry of Superfund sites at a public meeting in Pasadena, Texas on November 19, 1987. The Houston Scrap site originally appeared on the State Registry of Superfund sites in the January 22, 1988, issue of the Texas Register (13 TexReg 427-428).

Houston Scrap State Superfund Site is located at 3799 Jensen Drive in Houston, Texas on approximately 20 acres of land just south of Loop 610 and west of Highway 59 in Houston, Texas. The former office area is located on approximately two acres and is bounded by Porter Street to the north, Cherry Street to the west, Cavalcade Street to the south, and Jensen Drive to the east. The main scrap facility is on 18 acres. The main scrap facility tract is roughly rectangular and consists of six abandoned buildings and two stockpiles of soil. The remainder of the property is undeveloped.

A remedial investigation was initiated and completed in October 1996. The results of the investigation and laboratory analyses show that the primary soil contaminants at the Houston Scrap site are metals associated with battery recycling. The metals contamination is generally confined to the upper six inches of soil. The highest lead concentrations were in the battery recycling buildings. However, due to the temporary storage of batteries and processed battery casing mounds around the site, elevated levels of metals are found throughout the site. Other contaminants found in ground-water samples were lead, antimony, arsenic, barium, beryllium, cadmium, chromium, and nickel. These exceeded the Maximum Contaminant Levels in at least one monitor well.

The TNRCC is proposing the on-site containment of contaminated soil and materials at the Houston Scrap State Superfund site. The soil will be excavated and consolidated on-site to reduce the surface area of the containment cell. The soil containment area will be designed to minimize leaching of the soil contaminants to the ground water and will be covered by a cap that will eliminate surface exposure. Groundwater monitoring will be conducted to evaluate any possible impact of the containment cell on the groundwater at the Houston Scrap site. Groundwater remediation will not be addressed at this time.

The public meeting will be legislative in nature and not a contested case hearing within the meaning of Texas Government Code, Chapter 2001.

Persons desiring to submit or make comments on the proposed remedial action, the facility or the identity of the potentially responsible parties, are encouraged to do so at the public meeting. Or, public comment ends on August 12, 1997 at the close of the public meeting. Written comments should be submitted at least 10 days prior to the public meeting to Mr. Michael Garrigan, Superfund Investigation Section, MC 143, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

The public records/site repository for this site are available for public review during regular business hours at the Texas Natural Resource Conservation Commission, 12100 Park 35 Circle, Building D, North Entrance, Austin, Texas 78753, (512) 239-2927, or at the Eva Alice McCrane Library, Kashmere Gardens Branch, Houston, Texas, telephone 713/674-8461. The Library hours of operation are Mondays and Thursdays, noon-9:00 p.m.; Tuesdays, 10:00 a.m.-9:00 p.m.; Wednesdays, 10:00 a.m.-6:00 p.m.; Fridays and Saturdays, 10:00 a.m.-6:00 p.m.; and closed on Sundays. Copying of file information is subject to payment of a fee.

For further information, please call: 1-800-633-9363.

Issued in Austin, Texas, on June 9, 1997.

TRD-9707420

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: June 9, 1997

The executive director of the Texas Natural Resource Conservation Commission (TNRCC or commission) has issued a public notice of a proposed selection of remedy for the Jerrell B. Thompson State Superfund Site, which constitutes an imminent and substantial endangerment due to a release or threatened release of hazardous substances into the environment. The notice was published in the Canton Herald on Thursday, June 12, 1997. In accordance with 30 Texas Administrative Code (TAC) §335.349(a), concerning requirements for the remedial action and the Texas Health and Safety Code, Solid Waste Disposal Act, §361.187 concerning the proposed remedial action, a public meeting regarding the proposed remedy for the Jerrell B. Thompson State Superfund Site shall be held. The statute requires that the commission publish notice of the meeting in the Texas Register and in a newspaper of general circulation in the county in which the facility is located at least 45 days before the date of the public meeting.

The public meeting is scheduled at the Canton City Hall, Council Chambers, 290 East Tyler Street in Canton, Texas on Thursday, July 31, 1997, at 8:00 p.m. The public meeting will be legislative in nature and not a contested case hearing under the Texas Government Code, Chapter 2001.

The site for which a remedy has been selected, the Jerrell B. Thompson State Superfund Site, was proposed for listing on the State Registry of Superfund Sites at a public meeting in Canton, Texas on October 26, 1990, and originally appeared on the State Registry of Superfund Sites published in the October 1, 1991, issue of the Texas Register (16 TexReg 5420).

The Jerrell B.Thompson (JBT) State Superfund Site is located north of Phalba, Texas on Van Zandt County Road 2410, approximately one mile north of the intersection of County Road 2410 and State Highway 198.

The JBT site was the location of an automotive battery reclamation operation that began in 1970. In 1978, a waste battery processing facility was built on-site. The tops of the batteries were cut off with a saw. Anhydrous ammonia was used to wash sulfuric acid from the battery cells, creating a neutralized or basic wash that was collected in stainless steel troughs. In November 1980, Mr. Jerrell B. Thompson filed a Part A Permit Application as an interim status hazardous waste management facility. In April 1981, the facility became inactive. In May 1982 and November 1982, the Texas Department of Health (TDH) inspected the site and collected soil samples and found total lead concentrations as high as 329,000 mg/kg. On April 5, 1984, the TDH sent a Notice of Violation letter to Mr. Thompson; no response was received. On August 20, 1984, a letter was sent to Mr. Thompson terminating interim status.

Between 1984 and 1987, the TNRCC's District 5 Regional office inspected the site, noted several violations, and filed several enforcement actions against the operators of the site. During this time, the TNRCC collected surface soil, pond, and liquid waste samples, and based on the collected information, a Site Inspection Report was completed. The following investigations were conducted at the site from 1987 to 1990: Comprehensive Groundwater Monitoring Evaluation (1987); Solid Waste Compliance Monitoring Inspection (1987); RCRA Facility Assessment PR/VSI Report (1988); and Solid Waste Inspection (1989).

From 1993 to 1994, the TNRCC performed a Remedial Investigation and Baseline Risk Assessment. In May 1997, the TNRCC completed the Presumptive Remedy Document. The Remedial Investigation results indicate that metals contamination (lead, arsenic, cadmium, and antimony) exists at the site at levels which may threaten human health and the environment. A Baseline Risk Assessment concluded that further action was needed to eliminate any potential imminent and substantial endangerment to human health and the environment from the contamination at the site. The Presumptive Remedy Document sets out the site remedy selection process. Based on the calculated volume of contaminated soil and the requirement for protection of groundwater, the recommended remedial alternative from the Presumptive Remedies Guidance is on-site containment with stabilization. The recommended alternative is the most cost-effective, reasonable, and appropriate remedy to address the site.

Persons desiring to make comments on the proposed remedial action or the identification of potentially responsible parties may do so at the meeting or in writing prior to the public meeting. All written comments concerning the remedial action proposed must be submitted at least ten days prior to the public meeting to Ms. Luda Voskov, C.P.G., Project Manager, Superfund Investigation Section, MC 143, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. This comment period begins June 12, 1997, and ends with the close of the aforementioned public meeting.

A brief summary of the commission's public records regarding this site is available for public review and copying during regular business hours at the Van Zandt County Public Library, 317 First Monday Lane, Canton, Texas, (903) 567-4276. Copies of the complete public record file may be obtained during business hours of the commission by contacting the TNRCC Central Records Center, Building D, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, (512) 239-2920. Photocopying of file information is subject to payment of a fee.

For further information, please call: 1-800-633-9363 (within Texas only) or (512) 239-2141.

Issued in Austin, Texas, on June 6, 1997.

TRD-9707369

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: June 6, 1997

The executive director of the Texas Natural Resource Conservation Commission (TNRCC or commission) has issued a public notice of a proposed selection of remedy for the JCS Company State Superfund Site, which constitutes an imminent and substantial endangerment due to a release or threatened release of hazardous substances into the environment. The notice was published in the Canton Herald on Thursday, June 12, 1997. In accordance with 30 Texas Administrative Code (TAC) §335.349(a), concerning requirements for the remedial action and the Texas Health and Safety Code, Solid Waste Disposal Act, §361.187 concerning the proposed remedial action, a public meeting regarding the proposed remedy for the JCS Company State Superfund Site shall be held. The statute requires that the commission shall publish notice of the meeting in the Texas Register and in a newspaper of general circulation in the county in which the facility is located at least 45 days before the date of the public meeting.

The public meeting is scheduled at the Canton City Hall, Council Chambers, 290 East Tyler Street in Canton, Texas on Thursday, July 31, 1997, at 7:00 p.m. The public meeting will be legislative in nature and not a contested case hearing under the Texas Government Code, Chapter 2001.

The site for which a remedy has been selected, the JCS Company State Superfund Site, was proposed for listing on the State Registry of Superfund Sites at a public meeting in Canton, Texas on October 26, 1990, and originally appeared on the State Registry of Superfund Sites published in the October 1, 1991, issue of the Texas Register (16 TexReg 5420).

The JCS Company State Superfund Site is located north of Phalba, Texas on Van Zandt County Road 2415, approximately 1 1/2 miles west of the intersection of County Road 2403 and State Highway 198.

The JCS site was the location of an automotive battery reclamation operation that began in 1970. Between 1978 and 1981, the JCS Company purchased used batteries and stored them in the battery processing building. The tops of the batteries were cut off with a saw. Anhydrous ammonia was used to wash sulfuric acid from the battery cells, creating a neutralized or basic wash that was collected in stainless steel troughs. In November 1980, the JCS Company filed a Part A Permit Application as an interim status hazardous waste management facility. In October of 1981, the facility became inactive. In March 1984, the Texas Department of Health (TDH) inspected the site and collected soil samples and found total lead concentrations as high as 329,000 mg/kg. On April 5, 1984, the TDH sent a Notice of Violation letter to the JCS Company. No response was received. On August 20, 1984, a letter was sent to the JCS Company terminating interim status. Between 1986 and 1987, the TNRCC's District 5 Regional office inspected the site, noted several violations, and filed several enforcement actions against the operators of the site. During this time, the TNRCC collected surface soil, pond, and liquid waste samples and based on the collected information, a Site Inspection Report was completed. The following investigations were conducted at the site from 1987 to 1990: Comprehensive Groundwater Monitoring Evaluation (1987); Solid Waste Compliance Monitoring Inspection (1987); RCRA Facility Assessment PR/VSI Report (1988); and Solid Waste Inspection (1989).

From 1993 to 1994, the TNRCC performed a Remedial Investigation and Baseline Risk Assessment. In May 1997, the TNRCC completed the Presumptive Remedy Document. The Remedial Investigation results indicate that metals contamination (lead, arsenic, and antimony) exists at the site at levels which may threaten human health and the environment. A Baseline Risk Assessment concluded that further action was needed to eliminate any potential imminent and substantial endangerment to human health and the environment from the contamination at the site. The Presumptive Remedy Document sets out the site remedy selection process. Based on the calculated volume of contaminated soil and the conclusion that impacts to groundwater are not a concern, the recommended remedial alternative from the Presumptive Remedies Guidance is on-site containment without stabilization. The recommended alternative is the most cost-effective, reasonable, and appropriate remedy to address the site.

Persons desiring to make comments on the proposed remedial action or the identification of potentially responsible parties may do so at the meeting or in writing prior to the public meeting. All written comments concerning the remedial action proposed must be submitted at least ten days prior to the public meeting to Ms. Luda Voskov, C.P.G., Project Manager, Superfund Investigation Section, MC 143, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. This comment period will begin June 12, 1997, and end with the close of the aforementioned public meeting.

A brief summary of the commission's public records regarding this site is available for public review and copying during regular business hours at the Van Zandt County Public Library, 317 First Monday Lane, Canton, Texas, (903) 567-4276. Copies of the complete public record file may be obtained during business hours of the commission by contacting the TNRCC Central Records Center, Building D, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, (512) 239-2920. Photocopying of file information is subject to payment of a fee.

For further information, please call: 1-800-633-9363 (within Texas only) or (512) 239-2141.

Issued in Austin, Texas, on June 6, 1997.

TRD-9707368

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: June 6, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 4, 1997, for a service provider certificate of operating authority (SPCOA), pursuant to §3.2532 of the Public Utility Regulatory Act of 1995. A summary of the application follows.

Docket Title and Number: Application of Diamond Communications International, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 17541 before the Public Utility Commission of Texas.

Applicant intends to provide pre-paid basic local exchange service to residential customers through the resale of the services provided by existing facilities based local exchange carriers.

Applicant's requested SPCOA geographic area includes the geographic regions currently serviced by Southwestern Bell Telephone Company, GTE Southwest, Inc., Central Telephone Company of Texas, United Telephone Company of Texas, Inc., Texas Alltel, Inc., and Lufkin-Conroe Telephone Exchange, Inc.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Consumer Affairs at (512) 936-7120 no later than June 18, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

Issued in Austin, Texas, on June 6, 1997.

TRD-9707345

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 6, 1997

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for approval of a new Centrex-custom service offering for the Lufkin Independent School District.

Tariff Title and Number. Application of Lufkin-Conroe Telephone Exchange, Inc. for Approval of a New Centrex-Custom Service Offering for the Lufkin Independent School District in the Company's Lufkin Exchange, Pursuant to P.U.C. SUBSTANTIVE RULE 23.27(c)(2). Tariff Control Number 17543.

The Application. Lufkin-Conroe Telephone Exchange, Inc. is requesting approval of a new Centrex- custom service offering for the Lufkin Independent School District in the company's Lufkin exchange.

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 June 6, 1997.

TRD-9707342

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 6, 1997

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for a new PLEXAR-custom service for NationsBanc Services, Inc. in Austin, Dallas, El Paso, Fort Worth, Houston, San Antonio and Tyler, Texas.

Tariff Title and Number. Application of Southwestern Bell Telephone Company for a New PLEXAR-Custom Service for NationsBanc Services, Inc. in Austin, Dallas, El Paso, Fort Worth, Houston, San Antonio and Tyler, Texas, Pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 17533.

The Application. Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-custom service for NationsBanc Services, Inc. in Austin, Dallas, El Paso, Fort Worth, Houston, San Antonio and Tyler, Texas. The geographic service markets for this specific service is the Austin, Dallas, El Paso, Houston, San Antonio and Longview local access and transport areas.

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 June 5, 1997.

TRD-9707284

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 5, 1997

The Public Utility Commission of Texas will conduct a public, staff level workshop in Project Number 14929, Investigation of Universal Service Issues, at 9:00 A.M. on Tuesday, June 24, 1997. The topics for discussion at the workshop will be the draft rules for the Texas Universal Service Plan.

The workshop will be conducted in the commissioner's hearing room located on the seventh floor of the William B. Travis building, at 1701 North Congress Avenue, Austin, Texas, 78701.

Please call Teresa Kirk at 512/936-7249 to register. Copies of the draft rules and the workshop agenda will be available on Wednesday, June 18, 1997 in the commission's Central Records Division, 512/936-7180. For more information, contact Ann Coffin at 512/936-7291 or Pam Whittington at 512/936-7245.

Issued in Austin, Texas, on June 5, 1997.

TRD-9707285

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 5, 1997

On June 5, 1997, Basicphone, Inc. filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60079. Applicant intends to expand its geographic area to include the entire geographic area of the State of Texas.

The Application: Application of Basicphone, Inc. for Amendment to its Service Provider Certificate of Operating Authority, Docket Number 17542.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the commission at Public Utility Commission of Texas, 1701 North Congress Avenue, Austin, Texas or by mail at P. O. Box 13326, Austin, Texas, 78711-3326, no later than June 18, 1997. You may contact the PUC 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 17542.

Issued in Austin, Texas, on June 6, 1997.

TRD-9707347

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 6, 1997

On June 3, 1997, Sugar Land Telephone Company (Sugar Land) and Houston Cellular Telephone Company (Houston Cellular) 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 Statute 56 (1996), (to be codified at 47 United States Code §§151 et. seq.) and the Public Utility Regulatory Act of 1995 (PURA) (Texas Revised Civil Statutes Annotated article 1446c-0, Vernon 1997). The joint application has been designated Docket Number 17535 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 §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 §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 17535. 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 July 9, 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, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the Applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this 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 17535.

Issued in Austin, Texas, on June 6, 1997.

TRD-9707343

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 6, 1997

On May 30, 1997, Southwestern Bell Telephone Company (SWB) and Omni Prism Communications, Inc. (Omni) 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 Statute 56 (1996), (to be codified at 47 United States Code §§151 et. seq.) and the Public Utility Regulatory Act of 1995 (PURA) (Texas Revised Civil Statutes Annotated article 1446c-0, Vernon 1997). The joint application has been designated Docket Number 17524 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 §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 §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 17524. 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 July 9, 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, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the Applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this 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 17524.

Issued in Austin, Texas, on June 6, 1997.

TRD-9707344

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 6, 1997

On May 30, 1997, ICG Telecom Group, Inc. (ICG) and GTE Southwest, Inc. (GTE-SW) 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 Statute 56 (1996), (to be codified at 47 United States Code §§151 et. seq.) and the Public Utility Regulatory Act of 1995 (PURA) (Texas Revised Civil Statutes Annotated article 1446c-0, Vernon 1997). The joint application has been designated Docket Number 17520. 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 §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 §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 parties have requested expedited review of this application.

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 17520. 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 July 7, 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, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to Public Utility Commission Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the Applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this 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 17520.

Issued in Austin, Texas, on June 6, 1997.

TRD-9707364

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 6, 1997