Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 Texas Administrative Code §289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following licensees: Woodhill Medical Imaging Center, Dallas, L04256; Pro Technologies, Inc., Pearland, L03708; A-1 Affordable Appraisals and Environmental Assessments, Garland, L05000.

The department intends to revoke the radioactive material licenses; order the licensees to cease and desist use of such radioactive materials; order the licensees to divest themselves of the radioactive material; and order the licensees to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order.

This notice affords the opportunity to the licensees for a hearing to show cause why the radioactive material licenses should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the radioactive material licenses will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

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TRD-9802855

susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 26, 1998

The Texas Department of Housing and Community Affairs, through its Housing Trust Fund, is pleased to announce that it will make available approximately $2,300,000 in loan funds to finance, acquire, rehabilitate, and develop safe, decent and affordable housing for low, very low, and extremely low income persons and families, and individuals with special needs.

The Housing Trust Fund was designed to provide gap funding to ensure that projects have the final amount of funding necessary for the completion of a project. The maximum award amount is $500,000. Mixed income projects are encouraged, providing that a portion of the units are targeted towards families at or below 80% of area median income.

Eligible applicants include local units of government, nonprofit organizations, public housing authorities, and community housing development organizations (CHDOs).

Applications meeting threshold criteria will be evaluated and scored within the three categories of leveraging, housing need, and program design. Applications will then be selected based on program scoring criteria, with consideration given to geographic distribution, applicant's past history with the Department, and community impact. An applicant's high score is used to evaluate the project, but does not, in and of itself, guarantee that an award will follow. The Department will also look at credit underwriting and the developer's experience. The Housing Trust Fund will seek to select a diverse group of single family and multifamily projects that will serve various populations throughout the state. The Department's Board reserves the right to change the award amount, and to award less than the requested amount.

Applications may be submitted until 5:00 pm, May 15, 1998.

FAXED APPLICATIONS WILL NOT BE ACCEPTED.

All interested parties are encouraged to participate in this program. Applications will be available on March 13, 1998. For additional information, or to request an application package, please call the Housing Trust Fund Office at (512) 475-1458, or e-mail your request to cgutierr@tdhca.state.tx.us. Please direct your applications to:

Texas Department of Housing and Community Affairs

Housing Trust Fund - Attn: Keith Hoffpauir

Post Office Box 13941

Austin, Texas 78711-3941

Physical Address

507 Sabine, Suite 800

Austin, Texas 78701

TRD-9803170

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 4, 1998

Monday, March 16, 1998, 1:00 p.m.

State Office of Administrative Hearing, Stephen F. Austin Building, 1700 North Congress Avenue, 11th Floor, Suite 1100

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of Texas Department of Housing and Community Affairs vs. Kathy L. Wood dba Wells Mobile Home Service to hear alleged violations of the Act, §7(d) and §17(b) and Rules §80.125(e) regarding obtaining, maintaining or possessing a valid installer's license. SOAH 332-98-0386. Department MHD1997002031D.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589.

TRD-9803163

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 4, 1998

Wednesday, March 18, 1998, 9:00 a.m.

State Office of Administrative Hearing, Stephen F. Austin Building, 1700 N Congress, 11th Floor, Suite 1100

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of Texas Department of Housing and Community Affairs vs. Juan Rendon dba Rendon's to hear alleged violations of the Act, §§ 4(f), 7(d), 7(j)(6) and 17(b) and Rules §§ 80.28(a), 80.51, 80.121(a)(b)(c), 80.125(e), 80.131(b) and 80.132(6) regarding obtaining, maintaining or possessing a valid installer's license; not properly submitting Monthly Installation Summary Reports showing the number of homes installed; and not properly installing a manufactured home and responding with corrective action on the home in a timely manner. SOAH 332-98-0336. Department MHD1997001383D, MHD1997002349D, MHD1997003303D and MHD1998000955I.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589.

TRD-9803164

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 4, 1998

Wednesday, March 18, 1998, 1:00 p.m.

State Office of Administrative Hearing, Stephen F. Austin Building, 1700 N Congress, 11th Floor, Suite 1100

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of Texas Department of Housing and Community Affairs vs. William Blackwood dba Blackwood Mobile Home Service and Transport to hear alleged violations of the Act, §§ 4(f) and 7(j)(6) and the Rules, §§ 80.28(a), 80.51, 80.121(a)(b)(c), 80.131(b) and 80.132(6) by not properly submitting Monthly Installation Summary Reports showing the number of homes installed and not properly installing manufactured homes. SOAH 332-98-0347. Department MHD1996001445C and MHD197001578M.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589.

TRD-9803165

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 4, 1998

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS MULTIFAMILY HOUSING REVENUE BONDS (VOLENTE PROJECT ) SERIES 1998

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs ("the Department") at 507 Sabine Street, Room 437, Austin, Texas at 5:30 p.m. on Monday, March 30, 1998, with respect to an issue of multifamily residential rental project revenue bonds (the "Bonds") to be issued in one or more series in the aggregate principal amount not to exceed $10,934,000, by the Texas Department of Housing and Community Affairs (the "Issuer") and the proceeds of which will be loaned to Volente I, Ltd. (the "Borrower"), to finance the construction of one multifamily housing project (the "Project") described as follows: 208 unit multifamily residential rental development to be constructed on a tract of land just West of Farm to Market Road 620, North, along the Northside of Farm to Market Road 2769 (also know as Volente Road), Cedar Park, Travis and Williamson Counties, Texas. The site contains approximately 13.3 acres and has approximately 541 feet of frontage along Farm to Market Road 2769. The Project will be owned and operated by Volente I, Ltd.. The Project will be managed by Lincoln Property Management.

All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to Robert Onion at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-3872.

Persons who intend to appear at the hearing and express their views are invited to contact Robert Onion in writing in advance of the hearing. Any interested persons unable to attend the hearing my submit their views in writing to Robert Onion prior to the date scheduled for the hearing.

This notice is published and the above-described hearing is to be held in satisfaction of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite to the exemption from federal income taxation of the interest of the Bonds.

Individuals who require auxiliary aids in order to attend this meeting should contact Margaret Donaldson, ADA Responsible Employee, at (512) 475-3100 or Relay Texas at 1 800 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Individuals who require child care to be provided a this meeting should contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting so that appropriate arrangements can be made.

TRD-9802917

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 4, 1998

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS MULTIFAMILY HOUSING REVENUE BONDS (VOLENTE PROJECT ) SERIES 1998

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs ("the Department") at 507 Sabine Street, Room 437, Austin, Texas at 5:30 p.m. on Friday, March 20, 1998, with respect to an issue of multifamily residential rental project revenue bonds (the "Bonds") to be issued in one or more series in the aggregate principal amount not to exceed $10,934,000, by the Texas Department of Housing and Community Affairs (the "Issuer") and the proceeds of which will be loaned to Volente I, Ltd. (the "Borrower"), to finance the construction of one multifamily housing project (the "Project") described as follows: 208 unit multifamily residential rental development to be constructed on a tract of land just West of Farm to Market Road 620, North, along the Northside of Farm to Market Road 2769 (also know as Volente Road), Cedar Park, Travis and Williamson Counties, Texas. The site contains approximately 13.3 acres and has approximately 541 feet of frontage along Farm to Market Road 2769. The Project will be owned and operated by Volente I, Ltd.. The Project will be managed by Lincoln Property Management.

All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to Robert Onion at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-3872.

Persons who intend to appear at the hearing and express their views are invited to contact Robert Onion in writing in advance of the hearing. Any interested persons unable to attend the hearing my submit their views in writing to Robert Onion prior to the date scheduled for the hearing.

Individuals who require auxiliary aids in order to attend this meeting should contact Margaret Donaldson, ADA Responsible Employee, at (512) 475-3100 or Relay Texas at 1 800 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Individuals who require child care to be provided a this meeting should contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting so that appropriate arrangements can be made.

TRD-9802916

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 4, 1998

The Texas Department of Housing and Community Affairs (TDHCA) is issuing this Request for Proposals (RFP) for inspection services. The services may include a wide range of inspections for projects involving rehabilitation and/or new construction of single family and multi-family housing during the construction phase and upon completion. Assistance may also be required in conducting inspection of Housing Quality Standards, Accessibility Standards for Disabled Persons and any other standards required by the Department.

The pool of approved firms will be the source from which the Department and TDHCA program applicants and recipients may choose to contract for Required Services. The Department and/or program applicants or recipients will contract directly with the pre-approved service provider of their choice as established by TDHCA program guidelines. Organizations which may require these services would include, but not be limited to Units of State and Local Government, Public Housing Agencies, State Certified Community Housing Development Organizations (CHDO's), Non-Profit Organizations, and For Profit Organizations.

The inspection firm may be required to perform one or more of the following inspections:

a. Civil

b. Structural

c. Building Layout

d. Foundation

e. Framing

f. Insulation

g. Electrical, Mechanical, Plumbing Rough-in

h. Drywall

i. Electrical, Mechanical, Plumbing Final

j. Building Final

k. Individual property conditions inspection of a minimum of 35% of the units of every building to ensure a fair & reasonable sampling.

l. Local building code inspection (1994 Uniform Building Code to be used in the absence of local building codes).

m. Other inspections as may be required, such as environmental, asbestos, & lead based paint

n. Housing Quality Inspections (minimum standards provided by TDHCA)

The scope of services will typically follow the process of (1) data collection, (2) analysis, (3) data organization and identification or problems, (4) review and assessment of data and recommendation, (5) statement of probable cost, (6) development of reports or contract documents.

General Information. TDHCA reserves the right to accept or reject any, or all, proposals submitted. The information contained in this proposal request is intended to serve only as a general description of the services desired by TDHCA. In the event TDHCA selects a firm to provide the services described, TDHCA will base its choice on demonstrated competence and qualifications and the reasonableness of the fee for services. This request does not commit TDHCA to pay for any costs incurred prior to execution of a contract and is subject to availability of funds. Issuance of this proposal in no way obligates TDHCA to contract for inspection services or to pay any costs incurred in the preparation of a response.

Proposals must be received at TDHCA headquarters no later than 4:30 p.m. on April 06, 1998. Please contact Yvonne Flores with the Department's Low Income Housing Tax Credit Program at 512-475-3340 to request an RFP packet or for more information.

TRD-9803162

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 4, 1998

The Texas Department of Human Services (TDHS) is requesting proposals from providers for the delivery of case management services provided through the Community Living Assistance and Support Services (CLASS) program. To be eligible to contract with the department, a case management agency must be selected in the RFP process, be enrolled as a CLASS provider, and attend and complete mandatory CLASS provider agency training.

Texas Register Publication Date: This announcement should appear in the Texas Register on March 13, 1998.

Purpose: The purpose of this RFP is to meet the department's requirements for periodic re-procurement of CLASS providers and to offer participants a choice of providers.

Description of Services: A case management agency enrolls participants in the CLASS program and is the focal point for developing service plans, coordinating services, and tracking participant progress. The case manager convenes the interdisciplinary team (IDT) that is responsible for developing the plan of care and assures that services are consistent with the needs and preferences of the individual participant. Case managers further assist in the identification and development of appropriate community resources, crisis intervention, advocacy, and safeguarding individual rights. The case manager works in a cooperative relationship with the direct services agency which delivers home and community-based services.

Geographic Area: The department intends to contract for the delivery of CLASS services to the following number of individuals in the following service areas/counties: 112 individuals in the Austin area (Travis/Hays/Bastrop/Williamson/Blanco/Caldwell counties).

Closing Date and Time: Proposals must be received by the department by 5:00 p.m. on Friday, May 8, 1998.

Contact Person for RFP: To obtain a Request for Proposal packet, please write Jessie Hood, Administrative Technician, CLASS Program, Texas Department of Human Services, 701 West 51st Street (Mail Code W-521, Austin, TX 78751), P.O. Box 149030, Mail Code W-521, Austin, Texas 78714-9030. You may call Jessie Hood at (512) 438-5658 or fax a request to (512) 438-5133. The RFP packet will be available on Monday, March 16, 1998.

Bidder's Questions/Inquiries: Bidders must submit questions pertaining to the RFP and/or the CLASS program, in writing, to DHS to the attention of Jessie Hood at the address or fax number above. All questions must be received by DHS by 5:00 p.m. on Friday, April 10, 1998.

Historically underutilized businesses, public or private profit, with demonstrated knowledge, competence and qualifications in performing these services are encouraged to apply.

TRD-9803088

Glenn Scott

Agency Liaison

Texas Department of Human Services

Filed: March 3, 1998

The Texas Department of Human Services (DHS) is requesting proposals (RFP) from providers for the delivery of Medicaid home and community-based services provided through the Community Living Assistance and Support Services (CLASS) program. To be eligible to contract with the department, a direct services agency must be licensed by the Texas Department of Health as a home and community support services (HCSS) agency under the categories of licensed home health and personal assistance services, be selected in the RFP process, be enrolled and certified as a CLASS provider, and complete mandatory CLASS provider agency training.

Texas Register Publication Date: This announcement should appear in the Texas Register on March 13, 1998.

Purpose: The purpose of this RFP is to meet the department's requirements for periodic re-procurement of CLASS providers and to offer participants a choice of providers.

Description of Services: The direct services agency is responsible for delivering the following services in accordance with the individual service plan: personal care and habilitation services, nursing services, physical therapy, occupational therapy and speech pathology services, respite, psychological services, adaptive aids and minor home modifications. CLASS participants are also eligible for the full range of Medicaid benefits. Direct services agency representatives participate in the assessment and care planning functions of the interdisciplinary team and work in a cooperative relationship with the case management agencies.

Geographic Area: The department intends to contract for the delivery of CLASS services to the following number of individuals in the following service areas/counties: 112 individuals in the Austin area (Travis/Hays/Bastrop/Williamson/Blanco/Caldwell Counties).

Closing Date and Time: Proposals must be received by the department by 5:00 p.m. on Friday, May 8, 1998.

Contact Person for RFP: To obtain a Request for Proposal packet, please write Jessie Hood, Administrative Technician, CLASS Program, Texas Department of Human Services, 701 West 51st Street (Mail Code W-521, Austin, TX 78751), P.O. Box 149030, Mail Code W-521, Austin, Texas 78714-9030. You may call Jessie Hood at (512) 438-5658 or fax a request to (512) 438-5133. The RFP packet will be available on Monday, March 16, 1998.

Bidders' Questions/Inquiries: Bidders must submit questions pertaining to the RFP and/or the CLASS program, in writing, to DHS to the attention of Jessie Hood at the address or fax number above. All questions must be received by DHS by 5:00 p.m. on Friday, April 10, 1998.

Historically underutilized businesses, public or private profit, with demonstrated knowledge, competence and qualifications in performing these services are encouraged to apply.

TRD-9803089

Glenn Scott

Agency Liaison

Texas Department of Human Services

Filed: March 3, 1998

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by SAFECO Insurance Companies on behalf of First National Insurance Company of America proposing to use rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code Annotated, Article 5.101, §3(g). They are proposing to use various flex percentages of +36% above the benchmark for bodily injury, +40% above the benchmark for personal injury protection, +50% above the benchmark for medical payments, +45% above the benchmark for comprehensive and collision; +30% above the benchmark for property damage; and +20% above the benchmark for uninsured/underinsured motorists by coverage, for all classes and territories for private passenger types written under commercial automobile insurance. They are also requesting various flex percentages ranging from +15% to +20% above the benchmark for other coverages written under commercial automobile insurance for all classes and territories.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Article 5.101, §3(h), is made with the Chief Actuary, Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9802931

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 27, 1998

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Preferred Risk Financial, Inc. on behalf of Preferred Risk Lloyds Insurance Company proposing to use rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code Annotated, Article 5.101, §3(g). They are proposing to use a rate of +35% above the benchmark for bodily injury, personal injury protection, medical payments, and comprehensive; +40% above the benchmark for property damage, collision, towing & labor, rental reimbursement, and auto death indemnity; and +30% above the benchmark for uninsured motorists for private passenger automobile insurance.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Article 5.101, §3(h), is made with the Chief Actuary, Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9802932

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 27, 1998

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by American Alternative Insurance Corporation proposing to use rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code Annotated, Article 5.101, §3(g). They are proposing to use rates for their VFIS Emergency Service Organization Program that are -50% below the benchmark for Fire Departments; -30% below the benchmark for Ambulance, by coverage for commercial automobile insurance; and -15% below the benchmark for all other classifications for all coverages and territories for commercial automobile insurance.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Article 5.101, §3(h), is made with the Chief Actuary, Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9802933

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 27, 1998

The Commissioner of Insurance, or his designee, will consider approval of a rating manual request submitted by the Chubb Group of Companies proposing to use a rating manual relative to classifications and territories different than that promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code Annotated, Article 5.101, §3(l). They are proposing a commercial automobile subclassification, and a 15% credit on the liability and physical damage rates for family owned funeral homes that meet specific criteria on policies issued by members of the Chubb Group, to include: Chubb Indemnity Company; Federal Insurance Company; Great Northern Insurance Company; Pacific Indemnity Company; Texas Pacific Indemnity Company; and Vigilant Insurance Company.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Article 5.101, §3(h), is made with the Associate Commissioner for Regulation & Safety, Rose Ann Reeser, at the Texas Department of Insurance, MC 107-2A, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9802934

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 27, 1998

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Metropolitan General Insurance Company proposing to use rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code Annotated, Article 5.101, §3(g). They are proposing to use various percentages of +92% above the benchmark for bodily injury; +34% above the benchmark for property damage; +95% above the benchmark for medical payments; +58% above the benchmark for personal injury protection; +90% above the benchmark for collision; and +30% above the benchmark for uninsured motorists bodily injury/property damage and comprehensive; by coverage and territory for all classifications for private passenger automobile insurance.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Article 5.101, §3(h), is made with the Chief Actuary, Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9802935

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 27, 1998

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Metropolitan Property and Casualty Insurance Company proposing to use rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code Annotated, Article 5.101, §3(g). They are proposing to use various rates ranging from +20% to +85% above the benchmark for bodily injury; +5.0% to +30% above the benchmark for property damage; +45% to +90% above the benchmark for medical payments; +10% to +55% above the benchmark for personal injury protection; +35% to +85% above the benchmark for collision; +30% above the benchmark for uninsured motorists; and +5.0% to 30% for comprehensive; by coverage and territory for all classifications for private passenger automobile insurance.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Article. 5.101, §3(h), is made with the Chief Actuary, Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9802936

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 27, 1998

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by American Bankers Insurance Group on behalf of American Bankers Insurance Company of Florida proposing to use rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code Annotated, Article 5.101, §3(g). They are proposing to use various rates ranging from -44.7% to -95.6% below the benchmark for antique auto; -95.6% below the benchmark to +14.6% above the benchmark for other collectibles; and -43.7% to -93.3% below the benchmark for antique motorcycles; by coverage and vehicle type for all territories for private passenger automobile insurance.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Article 5.101, §3(h), is made with the Chief Actuary, Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9802937

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 27, 1998

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by the Kemper Insurance Companies on behalf of Lumbermens Mutual Casualty Company proposing to use rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code Annotated, Article5.101, §3(g). They are proposing a rate of +40% above the benchmark for all coverages, classifications and territories for private passenger automobile insurance.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Article 5.101, §3(h), is made with the Chief Actuary, Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9802938

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 27, 1998

Docket Number 2303 is being reset for April 16, 1998 at 9:00 a.m. in Room 102 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas.

This matter which was submitted by the staff of the Texas Department of Insurance recommended approval of several items including: new forms for the Texas Automobile Rental Liability Policy and Texas Automobile Rental Liability Excess Policy; Proposed amendments to Rule 134, Leasing or Rental Concerns, in the Policy Rule Section VII of the Texas Automobile Rules and Rating Manual; proposed New Rule 141, Rental Car Companies, in the Policy Rule Section VII of the Manual; and proposed New Rule 141, Rental Car Companies on Section VII of the rating rules portion of the Manual.

This docket was previously published in the Texas Register on September 12, 1997, Exempt Filings (22 TexReg 9263) and December 19, 1997, (22 TexReg 12614).

TRD-9803166

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 4, 1998

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

Application for admission to Texas of The TPA, Inc.,(doing business under the assumed name of The Texas TPA, Inc.), a foreign third party administrator. The home office is Dover, Delaware.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.

TRD-9803067

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 27, 1998

For The Period of February 23, 1998 to February 27, 1998

THE CITY OF MORTON for Proposed Permit Number MSW2268 to authorize a Type IV-AE municipal solid waste management facility. The proposed site covers approximately 36.1 acres and is estimated to receive one ton of municipal solid waste per day. The total disposal capacity of the landfill will be approximately 820,000 cubic yards. The permittee will be authorized to dispose of brush; construction-demolition waste; and/or rubbish that are free of household wastes and putrescible wastes; and Class III industrial solid waste. The site will be authorized to operate the facility from 8:00 a.m. to 5:00 p.m. on Fridays. The proposed waste management facility is located 1,000 feet east of 8th Street, 3121 feet north of FM 1780, approximately one-fourth mile northeast of the City of Morton in Cochran County, Texas.

If you wish to request a public hearing, you must submit your request in writing. You must state (1) your name, mailing address and daytime phone number; (2) the application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations.

Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, 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.

TRD-9803133

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 4, 1998

Attached are Notices of Applications for waste disposal/discharge permits issued during the period of February 13, 1998 through February 20, 1998.

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 the 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, type of application-new permit, amendment, or renewal and permit number.

TOWN OF BAYSIDE, P.O. Box 194, Bayside, Texas 78340-0194, the Bayside Water Reclamation Facility will be located between Autry Road and Vega Road approximately 1.1 miles southwest of the intersection of 3rd Street and State Route 136 in Refugio County, Texas, new permit, Permit Number 13892-001.

BEECHWOOD WATER SUPPLY CORPORATION, H.C. 52, Box 763, Hemphill, Texas 75948, the Beechwood Water Sewer Plant Wastewater Treatment Facilities, the plant site is located on the west shoreline of Toledo Bend Reservoir, approximately five miles east of the intersection of State Highway 87 and Farm-to-Market Road 3315 in Sabine County, Texas, renewal, Permit Number 11423-001.

BEN WHEELER WATER SUPPLY CORPORATION, P.O. Box 104, Ben Wheeler, Texas 75754, the Plant Number 3/Water Well Number 4 Water Treatment Facilities, the plant site is located approximately 400 feet north of the intersection of County Road 4517 and Farm-to-Market Road 1995 and approximately 1.9 miles southwest of the intersection of Interstate Highway 20 and Farm-to-Market Road 314 in Van Zandt County, Texas, new permit, Permit Number 13905-001.

COMMUNITY ESTATES, INC., P.O. Box 633000, Nacogdoches, Texas 75961, the wastewater treatment facility will be located on Farm-to-Market Road 2259, approximately 2.5 miles northwest of the intersection of Farm-to-Market Road 226 and Farm-to-Market Road 2259 and 3.2 miles south-southwest of the intersection of Farm-to-Market Road 226 and State Highway 21 in Nacogdoches County, Texas, new permit, Permit Number 13903-001.

COVINGTON CITY OF, P.O. Box 86, Covington, Texas 76636, the wastewater treatment facilities, the plant site is located approximately 800 feet south and 250 west of the intersection of Weir Avenue and State Highway 171 in Hill County, Texas, renewal, Permit Number 12279-001.

FLATONIA CITY OF, P.O. Box 375, Flatonia, Texas 78941-0375, the wastewater treatment plant is located at 341 East I-10 Frontage Road approximately 500 feet north of Interstate Highway 10 and 1300 feet east of State Highway 95 on the north side of the City of Flatonia in Fayette County, Texas, major amendment, Permit Number 10101-001.

HERMOSA OFFICE PARK P.U.D. OWNERS ASSOCIATION, INC., 11910 Greenville Avenue, Suite 500, Dallas, Texas 75243-9331, the wastewater treatment facility is located approximately 550 feet south of Lake Austin and approximately 200 feet west of the southbound land of Loop 360 (Capital of Texas Hwy) in Travis County, Texas, new permit, Permit Number 13938-001.

LIBERTY-DANVILLE FRESH WATER SUPPLY DISTRICT Number 2, 105 McKinnon Drive, Kilgore, Texas 75662, the wastewater treatment plant site is located approximately four miles northeast of the City of Kilgore, approximately 1.1 miles east of the intersection of Interstate Highway 20 and U.S. Highway 259 in Gregg County, Texas, renewal, Permit Number 11833-001.

MONT BELVIEU CITY OF, P.O. Box 1048, Mont Belvieu, Texas 77580, the Cotton Bayou Wastewater Treatment Facilities, the plant site is located approximately 1.4 miles north of the Interstate Highway 10 and 0.6 mile east of Eagle Drive on the east side of Mont Belvieu in Chambers County, Texas, renewal, Permit Number 11030-001.

PROTESTANT EPISCOPAL CHURCH COUNCIL OF THE DIOCESE OF TEXAS, Route 1 Box 426, Navasota, Texas 77868, the Camp Allen Wastewater Treatment Facilities are located approximately 1,500 feet east of Farm-to-Market Road 362 and approximately 2,000 feet north of the Waller-Grimes county line in Grimes County, Texas, renewal, Permit Number 11462-001.

RHOME CITY OF, P.O. Box 228, Rhome, Texas 76078, the wastewater treatment plant site is located on Quail Ridge approximately 750 feet west and 1600 feet north of the intersection of the west bound lands of State Highway 114 and the Burlington Northern Railroad in Wise County, Texas, renewal, Permit Number 10701-001.

ROBINSON CITY OF, 111 West Lyndale, Robinson, Texas 76706, the South Plant Wastewater Treatment Facilities are located adjacent to Crow Creek, approximately 2,000 feet southwest of the intersection of Old Robinson Road and U.S. Highway 77 in the City of Robinson in McLennan County, Texas, renewal, Permit Number 10780-003.

SOUTHWEST SHIPYARD, L.P., 18310 Market Street, Channelview, Texas 77530, a facility that cleans, repairs and steams barges, the plant site is located at 18310 Market Street Road, Harris County, Texas, major amendment, Permit Number 02605.

TESSENDERLO KERLEY, INC., AND FKP, INC., 2801 West Osborn Road, Phoenix Arizona 85017, a plant which produces inorganic agricultural and industrial chemicals, and stores/distributes sodium hydrosulfide and acetic acid; and from FKP, Inc.'s associated gypsum pile, the plant site is at 1050 Jefferson Road, approximately two miles north of the intersection of Highway 225 and Bearle Street, in the City of Pasadena, Harris County, Texas, major amendment, Permit Number 03889.

TEXAS UTILITIES MINING COMPANY, Energy Plaza, 1601 Bryan Street, Dallas, Texas 75201-3411, the Twin Oak lignite mine is located within a 20 mile radius of the Twin Oak Reservoir which is approximately one mile northwest of Farm-to-Market Road 979 and 12 miles north of the City of Franklin, in Robertson and Limestone Counties, Texas, renewal, Permit Number 02699.

TRD-9802796

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 25, 1998

Attached are Notices of Applications for waste disposal/discharge permits issued during the period of February 23, 1998 through February 27, 1998.

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 the 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, type of application-new permit, amendment, or renewal and permit number.

AMERADA HESS CORPORATION, P.O. Box 52, Galena Park, Texas 77547, a petroleum products bulk storage terminal, the plant site is located at 15001 Moore Road in the community of Channelview, Harris County, Texas, renewal, Permit Number 02568.

BAILEY CITY OF, P.O. Box 215, Bailey, Texas 75413, the wastewater treatment plant is located approximately 900 feet west of Farm-to-Market Road 816 and 3,000 feet southwest of the intersection of Farm-to-Market Road 816 and State Highway 11 in Fannin County, Texas, renewal, Permit Number 13584-001.

CENTERVILLE CITY OF, P.O. Box 279, Centerville, Texas 75833, the wastewater treatment plant is located immediately south of State Highway 7 and approximately 1,700 feet east of U.S. Highway 75 in the City of Centerville in Leon County, Texas, renewal, Permit Number 10147-01.

HERMOSA OFFICE PARK P.U.D. OWNERS ASSOCIATION, INC., 11910 Greenville Avenue, Suite 500, Dallas, Texas 75243-9331, the wastewater treatment facility is located approximately 550 feet south of Lake Austin and approximately 200 feet west of the southbound lane of Loop 360 (Capital of Texas Hwy) in Travis County, Texas, new, Permit Number 13938-01.

HOUSTON INDUSTRIES INCORPORATED, P.O. Box 1700, Houston, Texas 77251, the Limestone Steam Electric Station is located adjacent to and west of Farm-to-Market Road 39, approximately 2.5 miles southeast of the City of Farrar, Limestone County, Texas, renewal, Permit Number 02430.

HOUSTON SOLVENTS AND CHEMICALS COMPANY, INC., P.O. Box 41065, Houston, Texas 77241-1065, a bulk storage terminal for petroleum products and chemicals, the plant site is located at 11235 FM 529, approximately 0.5 miles southwest of the intersection of U.S. Highway 290 and FM 529 near the City of Jersey Village, Harris County, Texas, renewal, Permit Number 02449.

IBP, INC., 1810 North Meyer Street, Sealy, Texas 77474, a beef slaughterhouse, meat packing, and hide curing plant, the plant site is located on Highway 36, approximately one-quarter mile north of the intersection of FM 2187 and Highway 36, approximately 1.25 miles north of the City of Sealy, Austin County, Texas, renewal, Permit Number 02824.

KELLY LANE UTILITY COMPANY, 205 East 43rd Street, Austin, Texas 78751, the Kelly Lane Wastewater Treatment Facilities, the plant site is located approximately 2,500 feet east of Farm-to-Market Road 685, and approximately 1,600 feet north of Kelly Lane in Travis County, Texas, renewal, Permit Number 13219-001.

LA GLORIA OIL AND GAS COMPANY, P.O. Box 840, Tyler, Texas 75710, a petroleum refinery, the plant site is located at 1702 East Commerce Street, approximately 0.6 miles west of the intersection of East Commerce Street and State Loop 323 in the City of Tyler, Smith County, Texas, renewal, Permit Number 01590.

LIVINGSTON CITY OF, 200 West Church Street, Livingston, Texas 77351, the wastewater treatment plant site is located approximately 3,200 feet north of the intersection of U.S. Highway 59 and State Highway Loop 90, approximately one mile southeast of the intersection of U.S. Highway 190 and U.S. Highway 59 in Polk County, Texas, renewal, Permit Number 10208-001.

NORTH TEXAS MUNICIPAL WATER DISTRICT, P.O. Box 2408, Wylie, Texas 75098, the Floyd Branch Regional Wastewater Treatment Facilities are located approximately 2,310 feet southeast of the intersection of Spring Valley Road and State Highway 75 in the City of Richardson in Dallas County, Texas, renewal, Permit Number 10257-001.

PAT INGRAM, 211 Windmill Road North, Weatherford, Texas 76086, the Windmill Mobile Home Park Wastewater Treatment Plant, the plant site is located approximately 1.2 miles north-east of the intersection of Interstate Highway 20 and Loop 312 in Parker County, Texas, new, Permit Number 13895-001.

PHELPS DODGE REFINING CORPORATION, P.O. Box 20001, El Paso, Texas 79998, the copper refinery plant site is located at 6999 North Loop Road, approximately 900 feet east of the intersection of Trowbridge Drive and North Loop Road in the City of El Paso, El Paso County, Texas, major amendment, Permit Number 00461.

QUINLAN CITY OF, P.O. Box 310, Quinlan, Texas 75474, the Quinlan Wastewater Treatment Plant is located approximately 2,100 feet southwest of the intersection of State Highway 276 and State Business Highway 34 in Hunt County, Texas, major amendment, Permit Number 13725-001.

TEXAS UTILITIES ELECTRIC COMPANY, Energy Plaza, 1601 Bryant Street, Dallas, Texas 75201-3411, the North Lake Steam Electric Station, the plant site is located on the north shore of North Lake immediately southeast of the Moore Road and Belt Line Road intersection approximately one mile east of the City of Coppel, Dallas County, Texas, renewal, Permit Number 01249.

TEXAS YOUTH COMMISSION, P.O. Box 4260, Austin, Texas 78765, the TYC Vernon Victory Field Wastewater Treatment Facilities are located adjacent to the south side of Farm-to-Market Road 433 and approximately 2.3 miles east of Farm-to-Market Road 2074 in Wilbarger County, Texas, renewal, Permit Number 10651-001.

ALPHA OMEGA RECYCLING, INC., 315 Whatley Road, Longview, Texas 75604, a hazardous waste processing and storage facility, which processes metal bearing waste streams for the purpose of reclaiming valuable metal components. Wastes are generated on-site and received from off-site sources on a commercial basis. Wastes managed include inorganic catalyst, metals contaminated waste streams, wastewater treatment sludges, non-lead batteries, and paint. The facility is located on approximately 0.93 acre at 315 Whatley Road, north of Old U.S. Highway 80, in Longview, Gregg County, Texas, major amendment to underground injection control Permit Number WDW-219, 45-day comment period.

PHILLIPS 66 COMPANY, Borger Complex, P.O. Box 271, Borger, Texas 79008-0271, the Philtex\Ryton plant the manufacture of specialty chemicals and plastics, authorizes subsurface disposal of non-hazardous wastes generated by the permittee's facility, wastes are generated on-site, the facility is located approximately 2.5 miles south of Plemons County Road and approximately 2.5 miles northeast of Borger, Hutchinson County, Texas, major amendment to underground injection control, Permit Number WDW-219, 30-day comment period.

TRD-9803132

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 4, 1998

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Default Orders. The TNRCC Staff proposes Default Orders when the Staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to the Texas Water Code, §7.075, 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 April 11, 1998. The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Default Order if a comment discloses facts or consideration that indicate that the consent to the proposed Default Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed Default Orders is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, Third Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the Default Orders should be sent to the attorney designated for the Default Order at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 11, 1998. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Default Orders and/or the comment procedure at the listed phone numbers; however, comments on the Default Orders should be submitted to the TNRCC in writing.

(1) COMPANY: John Allen Harris doing business as Spring Lake Mobile Home Park; DOCKET NUMBER: 96-1710-PWS-E and 97-0062-MWD-E; ACCOUNT NUMBER: 2120028; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: public water system and wastewater treatment plant; RULES VIOLATED: 30 TAC §290.106 and the Texas Health and Safety Code, §341.033(d) by failing to submit water samples for bacteriological analysis for nine monthly sampling periods; 30 TAC §319.7(d), Texas Water Code, §26.121, and TNRCC Permit Number 13712-001 by failing to submit monthly effluent reports; 30 TAC §325.2, Texas Water Code, §26.0301, and TNRCC Permit Number 13712-001 by failing to employ a wastewater treatment plant operator holding a valid certificate of competency; and Texas Water Code, §26.121 and TNRCC Permit Number 13712-001 by allowing the daily average total suspended solids values to substantially exceed the permit limit; PENALTY: $9,330; STAFF ATTORNEY: Booker Harrison, Litigation Support Division, MC 175, (512) 239-4113; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(2)COMPANY: Kees Vanderlei; DOCKET NUMBER: 97-0114-AGR-E; ACCOUNT NUMBER: 03158; LOCATION: Stephenville, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: TNRCC Permit Number 03158 Special Provision Number 19 by failing to maintain required storm water capacity in the waste storage pond and failing to have permanent pond markers installed; TNRCC Permit Number 03158, Paragraph IV by milking more than the permitted number of 550 head at the Facility; TNRCC Permit Number 03158, Special Provision Number 9 by failing to prevent discharge by inadequately maintaining the Facility's berms, pond dams, and other waterways; TNRCC Permit Number 03158, Special Provision Number 12 by failing to maintain and provide adequate waste and wastewater disposal records; PENALTY: $18,160; STAFF ATTORNEY: Tracy Harrison, Litigation Support Division, MC 175, (512) 239-1736; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(3)COMPANY: Leslie Skalitsky; DOCKET NUMBER: 97-0258-MSW-E; ACCOUNT NUMBER: 70252; LOCATION: New Ulm, Colorado County, Texas; TYPE OF FACILITY: property; RULES VIOLATED: 30 TAC §330.889 by failing to meet the requirement that tires used for beneficial use be staked or tied down to a permanent natural or man-made object with a one-inch diameter hole drilled into each tire at its lowest point to provided drainage and prevent the breeding of vectors; 30 TAC §330.889(e) by failing to meet the requirement that all tires in excess of those actually required for an erosion control project be removed from the site; 30 TAC §335.4 and Texas Water Code, §26.121 by causing, suffering, allowing, or permitting the authorized discharge of municipal waste into or adjacent to water in the state without obtaining specific authorization for such a discharge from the commission; PENALTY: $960; STAFF ATTORNEY: Barbara Lazard, Litigation Support Division, MC 175, (512) 239-0674; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4)COMPANY: Richard D. Davis, LLP; DOCKET NUMBER: 96-0361-PST-E; FACILITY NUMBER: 49895; LOCATION: Waller, Waller County, Texas; TYPE OF FACILITY: underground and above ground storage tanks; RULES VIOLATED: 30 TAC §334.6(b)(2) by failing to provide the executive director with written notice at least 30 days prior to removal of a underground storage tank; 30 TAC §334.7(a)(1) by failing to register a underground storage tank in existence after September 1, 1987; 30 TAC §334.55(a)(3) by failing to have underground storage tanks removed by qualified personnel; 30 TAC §334.55(a)(6) by failing to submit a release determination report for the removal of a underground storage tank system; 30 TAC §334.55(b)(1) by failing to properly empty, clean, and purge a underground storage tank of vapors prior to removal; 30 TAC §334.55(b)(4)(A) by failing to transport a tank from the removal site within 24 hours of removal; 30 TAC §334.55(b)(4)(C) by failing to ensure that the on-site storage of removed tanks for more than 24 hours is in a locked, securely fenced, or similarly restricted area; 30 TAC §334.55(b)(4)(D) by failing to legibly and permanently label (in letters at least two inches high) a removed tank no later than 24 hours after removal with the name of the former contents, a flammability warning, and a warning that the tank is unsuitable for storage of drinking water; 30 TAC §334.(b)(4)(E) by failing to maintain the residual vapor levels in a removed tank of the underground storage Facility at a non-explosive and non-ignitable level; 30 TAC §334.127(a)(1) by failing to register above ground storage tanks in existence after September 1, 1989; PENALTY: $6,900; STAFF ATTORNEY: Hodgson Eckel, Litigation Support Division, MC 175, (512) 239-2195; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

TRD-9803058

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: March 3, 1998

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 Texas Water Code (TWC), §7.075. Section 7.705 requires that before the TNRCC may approve these AOs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register not later than the 30th day before the date on which the public comment period closes, which in this case is April 11, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or hold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, Third 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 attorney designated for each AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 11, 1998. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing.

(1)COMPANY: George Jackson dba Truck Center Limited; DOCKET NUMBER: 98-0073-PST-E; ACCOUNT NUMBER: 33045; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: underground storage tanks; RULE VIOLATED: 30 TAC §334.22 for delinquent underground storage tank fees; PENALTY: $1,400; STAFF ATTORNEY: Walter Ehresman, Litigation Support Division, MC 175, (512) 239-0573; REGIONAL OFFICE: 4650 50th Street, Suite 600, Lubbock, Texas 79414-3509, (806) 796-7092.

(2)COMPANY: Johnson Paint and Body; DOCKET NUMBER: 97-0755-AIR-E; ACCOUNT NUMBER: TA-2966-W; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: automotive paint and body shop; RULE VIOLATED: 30 TAC §116.110(a), Agreed Order Number 96-1174-AIR-E, Section IV, Paragraph 2(f), and the Texas Health and Safety Code, §382.085(b) and §382.0518(a) by failing to obtain a permit or satisfy the conditions for an exemption prior to constructing and operating a new facility which may emit air contaminants into the air; 30 TAC §115.422(1)(A), Agreed Order Number 96-1174-AIR-E, Section IV, Paragraph 2(a), and the Texas Clean Air 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)(B), Agreed Order Number 96-1174-AIR-E, Section IV, Paragraph 2(d), and the Texas Clean Air 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 compound for all coatings; 30 TAC §115.426(a)(1)(D), Agreed Order Number 96-1174-AIR-E, Section IV, Paragraph 2(e), and the Texas Clean Air Act, §382.085(b) by failing to maintain records for at least two years and make them available upon request by representatives of the TNRCC, United States Environmental Protection Agency, or local air pollution control agency; PENALTY: $750; STAFF ATTORNEY: Thomas Corwin, Litigation Support Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(3) COMPANY: David Pawelek; DOCKET NUMBER: 98-0084-PST-E; ACCOUNT NUMBER: 16032; LOCATION: Karnes City, Karnes County, Texas; TYPE OF FACILITY: underground storage tanks; RULE VIOLATED: 30 TAC §334.22 by failing to pay outstanding annual underground storage tank fees as required by the Texas Water Code and TNRCC rules; PENALTY: $1,350; STAFF ATTORNEY: Walter Ehresman, Litigation Support Division, MC 175, (512) 239-0573; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(4)COMPANY: Safe Tire Disposal; DOCKET NUMBER: 96-0058-MSW-E; ACCOUNT NUMBER: 44109, 79507, 44104, 79504, and 29565; LOCATION: Liberty and Ellis Counties, Texas; TYPE OF FACILITY: operates whole used or scrap tire transporting, processing, and storage facilities; RULES VIOLATED: 30 TAC §330.815(a) by falsifying the required information on manifests; 30 TAC §330.845(c)(2) by making false entries into daily logs; 30 TAC §330.842(c) and §330.845(c)(8) by failing to conduct the required scale calibrations, receive proper scale certification, and obtain calibration documentation; 30 TAC §330.835(b)(2)(A) by storing tire shreds in piles higher than 15 feet or covering an area greater than 8,000 square feet; 30 TAC §330.835(b)(5) by failing to maintain a minimum separation of 20 feet between outside tire and tire shred piles; 30 TAC §330.814 by failing to have proper identification affixed on both sides and the rear of vehicles or trailers used to transport whole used or scrap tires or shredded tire pieces; 30 TAC §111.101 by causing unauthorized outdoor burning within the State of Texas; 30 TAC §101.4 and §382.085(a) and (b) by receiving reports from the area complaining of nuisance conditions; PENALTY: $367,680; STAFF ATTORNEY: Paul Sarahan, Litigation Support Division, MC 175, (512) 239-3422; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500 and 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(5)COMPANY: Southern Waste Management Company, Southern Waste Management Co., Inc., Gal-Tex Investment Co., Inc., and John S. "Jack" Regan, Jr.; DOCKET NUMBER: 96-1669-IHW-E; ACCOUNT NUMBER: 40383; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: hazardous waste transport and transfer facility; RULES VIOLATED: 30 TAC §335.2 and §335.43, 40 Code of Federal Regulations (CFR) §270.1, and the August 20, 1986, Texas Water Commission Order, Provision Number 2, by storing and/or treating hazardous waste without a permit or authorization and by storing hazardous waste for longer than ten days; 30 TAC §335.112(a)(1) and 40 CFR §265.16 by failing to maintain documentation regarding job titles and job descriptions of employees involved in the management of hazardous waste, and the description of the type and amount of training for each position, and by failing to maintain a hazardous waste training program for these employees; 30 TAC §335.112(a)(2) and 40 CFR §265.35 by failing to maintain adequate aisle space in its storage building housing drums of hazardous waste, so as to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area in an emergency; 30 TAC §335.112(a)(3) and 40 CFR §265.52(d) by failing to include the names, addresses, and phone numbers of all persons qualified to act as emergency coordinators in the Facility's contingency plan; 30 TAC§335.112(a)(8) and 40 CFR §265.171 by failing to transfer hazardous waste from containers that were not in good condition to containers that were in good condition and/or by failing to manage the waste in some other way that complied with the requirements of 40 CFR Part 265; 30 TAC §335.112(a)(8) and 40 CFR §265.173 by failing to keep containers holding hazardous wastes closed during storage; 30 TAC §335.112(a)(8) and 40 CFR §265.174 by failing to inspect areas where containers were stored, at least weekly, looking for leaks and for deterioration caused by corrosion or other factors; the August 20, 1986, Texas Water Commission Order, Provision Number 3, by storing ignitable and reactive wastes within 50 feet of its property line; PENALTY: $197,960; STAFF ATTORNEY: Barbara Lazard, Litigation Support Division, MC 175, (512) 239-0674; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(6)COMPANY: T.C. Tubb, Dee Anderson, and Bill Davis dba Westgate Mobile Home Park; DOCKET NUMBER: 96-0679-PWS-E; ACCOUNT NUMBER: 1650047; LOCATION: Midland County, Texas; TYPE OF FACILITY: public drinking water system; RULES VIOLATED: 30 TAC §290.120(c)(5) and Texas Health and Safety Code, §341.031 by failing to submit water samples for the lead and copper analysis for the sampling periods of July 1994 through December 1994 and January 1995 through June 1995; 30 TAC §290.103(1) by exceeding the maximum contaminant level for nitrates; PENALTY: $930; STAFF ATTORNEY: Tracy Harrison, Litigation Support Division, MC 175, (512) 239-4113; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5421, (915) 570-1359.

TRD-9803057

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: March 3, 1998

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and 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 April 12, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each 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 April 12, 1998. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing.

(1)COMPANY: Baker Petrolite, A Baker Hughes Company, formerly Petrolite Corporation; DOCKET NUMBER: 97-0575-AIR-E; IDENTIFIER: Account Number HG-0564-L; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.115(a), Permit Number 3836, Agreed Order Number 97-0017-AIR-E, and the Act, §382.085(b), by failing to sample scrubber Z-713 before each batch utilizing methyl chloride as a reactant and by exceeding throughput limits for tanks T-202, T-403, T-404, and T-604; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2)COMPANY: Centerline Water Supply Corporation; DOCKET NUMBER: 97-1001-PWS-E; IDENTIFIER: Public Water Supply Number 0260012; LOCATION: Somerville, Burleson County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC §290.44(c) and (d), by failing to provide the minimum water line size for the distribution system and by failing to provide the minimum pressure of 35 pounds per square inch at all points within the distribution system; 30 TAC §290.106(a), by failing to collect the bacteriological samples for the facility; and 30 TAC §291.76 and the Code, §5.235, by failing to pay the regulatory assessment fees; PENALTY: $1,075; ENFORCEMENT COORDINATOR: Bhasker Reddi, (512) 239-6646; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335.

(3)COMPANY: Chevron U.S.A. Products Company, Inc.; DOCKET NUMBER: 97-0761-AIR-E; IDENTIFIER: Account Number EE-0082-P; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §101.20, 40 Code of Federal Regulations (CFR) §60.692-3(a)(2), and the Act, §382.085(b), by failing to route the vapor from skim oil tank Number 4023 to a control device; 30 TAC §101.20, 40 CFR §60.692-5(e)(1), (3), and (5), and the Act, §385.085(b), by failing to maintain above background readings of less than 500 parts per million (ppm) on five components and by failing to have a flow indicator installed on the roof vent stream from the American Petroleum Institute Oil/Water Separator going to a control device and failing to apply for an alternate method of control; 30 TAC §101.20, 40 CFR §60.698(b)(1), and the Act, §382.085(b), by failing to submit initial startup certification that the equipment necessary to comply has been installed and that the required initial inspections or tests had been carried out in accordance with standards; and 30 TAC §101.20, 40 CFR §60.698(c), and the Act, §382.085(b), by failing to submit the initial report that summarizes components that were found leaking above the 500 ppm limit; PENALTY: $69,500; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(4)COMPANY: E. I. DuPont De Nemours and Company, Incorporated; DOCKET NUMBER: 97-0905-AIR-E; IDENTIFIER: Account Number VC-0008-Q; LOCATION: Victoria, Victoria County, Texas; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(a), Permit Numbers 3373, 23271, and 7186, and the Act, §382.085(b), by failing to route all vent gases to a control device, by failing to conduct a cooling tower performance test and to submit test results to the regional office, by failing to monitor the water from the cooling water tower in such a manner as to demonstrate that minimal fugitive volatile organic compound (VOC) emissions were being released from the cooling water tower, by failing to meet the emission limitation of the maximum allowable emission rate table for the cooling tower, by failing to conduct required VOC fugitive emission monitoring, by failing to conduct required monthly cooling tower hydrocarbon monitoring, by failing to conduct ammonia leak checks every four hours, by failing to perform a stack test for the hydrogen reformer, and by failing to maintain a constant level in the storage tanks during periods of flare maintenance; and 30 TAC §101.7 and the Act, §382.085(b), by failing to notify of an unauthorized emission that is expected to equal or exceed a reportable quantity; PENALTY: $22,800; ENFORCEMENT COORDINATOR: Adele Noel, (512) 239-1045; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (512) 980-3100.

(5)COMPANY: Flomot Water Supply Corporation; DOCKET NUMBER: 97-0228-PWS-E; IDENTIFIER: Public Water Supply Number 1730003; LOCATION: Flomot, Motley County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC §290.41(c)(3)(N) and §290.41(e)(3)(E), by failing to provide a flow measuring device on the well to measure both the raw water supplied to the plant and the treated water leaving the plant; 30 TAC §290.43(e), by failing to enclose the water storage tanks and pressure maintenance facilities with an intruder-resistant fence; 30 TAC §290.46(e), by failing to place the facility under the direct supervision of a certified water works operator; 30 TAC §290.46(f)(1)(A), by failing to operate chlorination facilities so as to maintain a minimum free chlorine residual of two milligrams per liter throughout the entire distribution system; 30 TAC §290.46(f)(2), by failing to provide a chlorine test kit which uses the diethyl-p-phenylenediamine method; 30 TAC §290.46(m), (n), and (w), by failing to properly maintain the water system by improving the general appearance of all plant facilities, by failing to develop a map of the distribution system, and by failing to post a legible community water system sign; 30 TAC §290.106(a)(1), by failing to prepare a written sample siting plan for the collection of routine bacteriological samples; 30 TAC §290.106(a), by failing to collect and submit for analysis to a Texas Department of Health bacteriological laboratory at least one sample of water; 30 TAC §290.41(c)(3)(K) and (O), by failing to provide the well with a screened casing vent and by failing to protect the well with an intruder-resistant fence or ventilated well house; 30 TAC §290.43(c)(3), by failing to seal the wellhead; 30 TAC §290.103(8), by failing to notify the customers on a quarterly basis and in writing that the nitrate concentration of the water exceeds the maximum contaminant level of ten milligrams per liter; 30 TAC §290.120(c)(5) and the THSC, §341.031, by failing to submit water samples from the facility for lead and copper analysis; and 30 TAC §291.76 and the Code, §13.451, by failing to pay the regulatory assessment fee; PENALTY: $11,823; ENFORCEMENT COORDINATOR: Sabelyn Pussman, (512) 239-6061; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3509, (806) 796-7092.

(6)COMPANY: Frio Water, Incorporated; DOCKET NUMBER: 97-0708-PWS-E; IDENTIFIER: Public Water Supply Number 0590010; LOCATION: Hereford, Deaf Smith County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC §290.120(c)(5) and the THSC §341.031, for failing to submit water samples from said public water system for copper and lead analysis; and 30 TAC §291.76 and the Code, §5.235, for failing to pay the regulatory assessment fees; PENALTY: $630; ENFORCEMENT COORDINATOR: Sabelyn Pussman, (512) 239-6061; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(7)COMPANY: The Hunter Ministries City of Light; DOCKET NUMBER: 97-0558-PWS-E; IDENTIFIER: Public Water Supply Number 1700425; LOCATION: Kingswood, Montgomery County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC §290.120(c)(5) and the THSC, §341.031, by failing to submit a water sample for lead and copper analysis; 30 TAC §290.51 and the THSC, §341.041, by failing to pay the public health service fees; and 30 TAC §291.76 and the Code, §5.235, by failing to pay the regulatory assessment fees; PENALTY: $630; ENFORCEMENT COORDINATOR: Tom Napier, (512) 239-6063; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8)COMPANY: Howell Butler dba Playcation Estates; DOCKET NUMBER: 96-1559-PWS-E; IDENTIFIER: Public Water Supply Number 2020065; LOCATION: near Karnack, Sabine County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC §290.46(e), by failing to insure that the water system is at all times under direct supervision of a competent water works operator; 30 TAC §290.106(a)(1) and (3), by failing to submit samples of water collected from the distribution system for bacteriological analysis and by failing to develop and maintain a proper sample siting plan; 30 TAC §290.103 and §290.113, by failing to meet water quality standards for fluorides and total dissolved solids; 30 TAC §290.46(n), (m), and (w), by failing to maintain an up-to-date map of the distribution system, by failing to initiate a maintenance program to facilitate cleanliness and improve the general appearance of all facilities, and by failing to post a legible sign at each of its production, treatment, and storage facilities; 30 TAC §290.43(i) and §290.44(a)(1), by failing to use chlorine that has been approved by the American National Standards Institute/National Sanitation Foundation; 30 TAC §290.43(d)(2), by failing to provide the pressure tank with a pressure release device; 30 TAC §290.46(p)(2), by failing to inspect the pressure tank and ground storage tank; 30 TAC §290.46(i), by failing to have an agreement with each water customer that would allow inspection of the individual water facilities; 30 TAC §290.46(f)(2), by failing to obtain a chlorine test kit which uses the diethyl-p-phenylenediamine method to determine free chlorine residual; 30 TAC §290.45(b) and (c), by failing to provide a well capacity of point six gallons per minute per connection, by failing to provide a pressure tank capacity of 50 gallons per connection, and by failing to provide two or more service pumps with a capacity of one gallon per minute per unit; 30 TAC §338.48 and §338.50, by failing to properly plug and seal all abandoned wells; 30 TAC §290.41(c)(3)(K), by failing to properly seal the wellhead and pump bases and by failing to provide the well casing vent with a 16 mesh or finer corrosion-resistant screened vent; 30 TAC §290.41(c)(3)(M), by failing to provide a suitable sampling tap on the well discharge line; 30 TAC §290.41(c)(1)(F), by failing to secure a sanitary easement covering all property within 150 feet of the well; and 30 TAC §290.46(j), by failing to maintain customer service inspection certificates; PENALTY: $4,030; ENFORCEMENT COORDINATOR: Terry Thompson, (512) 239-6095; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(9)COMPANY: Shell Oil Company; DOCKET NUMBER: 97-1012-IHW-E; IDENTIFIER: Solid Waste Registration Number 30007; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: oil refinery and chemical manufacturer; RULE VIOLATED: 30 TAC §335.221(a)(8), by failing to provide cost estimates and financial assurance for the closure of three hazardous waste boilers; and 30 TAC §335.221(a)(13), by failing to establish the minimum combustion temperature for three hazardous waste boilers; PENALTY: $18,480; ENFORCEMENT COORDINATOR: Anne R. Nyffenegger, (512) 239-2554; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3629.

(10)COMPANY: Texaco Exploration and Production, Inc.; DOCKET NUMBER: 97-1040-AIR-E; IDENTIFIER: Account Number HT-0059-L; LOCATION: near Vealmoor, Howard County, Texas; TYPE OF FACILITY: natural gas compression station; RULE VIOLATED: 30 TAC §116.110(a) and the Act, §382.0518(a) and §382.085(b), by installing and operating eight engines prior to obtaining a permit or meeting the requirements of a permit exemption; and 30 TAC §116.160(a) and the Act, §382.085(b), by installing and operating six engines prior to obtaining Federal Prevention of Significant Deterioration permit authorization; PENALTY: $46,500; ENFORCEMENT COORDINATOR: Kevin Cauble, (512) 239-1874; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5421, (915) 570-1359.

TRD-9803059

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: March 3, 1998

For The Period of February 23, 1998 to February 27, 1998

APPLICATION BY BFI WASTE SYSTEMS OF NORTH AMERICA, INC., Proposed Permit Amendment Number MSW1410-C, to authorize an amendment for horizontal expansion of an existing Type I Municipal Solid Waste Landfill for the disposal of municipal solid waste. The facility will cover approximately 929.662 acres of land and is to receive approximately 4,626 tons of solid waste per day. The proposed site is in Bexar County, Texas, east of San Antonio, just south of Interstate Highway 10 and just west of FM 1516.

If you wish to request a public hearing, you must submit your request in writing. You must state (1) your name, mailing address and daytime phone number; (2) the application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations.

Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, 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.

TRD-9803134

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 4, 1998

Listed below are permits issued during the period of February 25, 1998

Application Number TA-7921 by Trace Geophysical for diversion of 4 acre-feet in a 6-month period for mining (3D) seismic use. Water may be diverted from 5 Diversion Points, in the San Antonio River Basin, east of Kenedy, Karnes County, Texas.

Application Number TA-7923 by Water Partners for diversion of ten acre-feet in a 1-year period for mining (oil & gas well drilling) use. Water may be diverted from anywhere in the Rio Grande Watershed in Webb and Zapata Counties, Texas.

Application Number TA-7924 by Nueces County Dept. Of Public Works for diversion of one acre-foot in a 1-year period for industrial (roadway construction) beneficial purpose. Water may be diverted from 6 diversion points in the Nueces River Basin and the Nueces-Rio Grande Coastal Basin in Nueces County, Texas.

Application Number TA-7925 by Big Creek Construction for diversion of five acre-feet in a 1-year period for industrial (roadway construction) use. Water may be diverted from Nelson Creek, Trinity River Basin, approximately 8.5 miles northwest of Huntsville, Walker County, Texas at the crossing of I.H. 45 and Nelson Creek.

Application Number TA-7926 by H B Zachry Company for diversion of nine acre-feet in a 1-year period for industrial (roadway construction) use. Water may be diverted from San Diego Creek, Nueces-Rio Grande Coastal Basin, approximately 1 mile northwest of Alice, Jim Wells County, Texas at the crossing of U.S. Hwy 281 and San Diego Creek.

Application Number TA-7927 by Copano Pipeline/Upper Gulf Coast, L.P. for diversion of one acre-foot in a 1-year period for industrial (hydrostatic testing) use. Water may be diverted from Harmon Creek and Nelson Creek, Trinity River Basin, approximately seven miles north of Huntsville, Walker County, Texas at the crossing of the pipeline easement and Harmon Creek and at the crossing of the pipeline easement and Nelson Creek.

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.

TRD-9802794

Eugenia K. Brumm, Ph.D.,

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 25, 1998

The Texas Natural Resource Conservation Commission (TNRCC) announces the availability of its draft list of impaired state water bodies, and its proposed statewide schedule for protective or remedial action. The TNRCC specifically requests written comments regarding impaired water bodies in the following Texas river basins: Trinity River basin, San Jacinto River basin, Neches-Trinity Coastal basin, Trinity-San Jacinto Coastal basin, San Jacinto-Brazos Coastal basin. Any information or comments received concerning all other areas of the state will be considered by the TNRCC in the development of water quality monitoring plans to support future assessments.

The list of impaired water bodies is developed and promulgated pursuant to the requirements of 303(d) of the federal Clean Water Act (CWA). The list is used to select water bodies for which total maximum daily load (TMDL) analyses and management actions will be planned during the next ten years. A copy of the final draft list may be obtained, upon written or verbal request, from Louanne Jones, Texas Natural Resource Conservation Commission, Water Quality Division, MC-150, P.O. Box 13087, Austin, Texas 78711-3087, e-mail lojones@tnrcc.state.tx.us, or telephone number (512) 239-2310. The draft list and schedule are also available on the TNRCC's internet site at http://www.tnrcc.state.tx.us/water/quality/data/wmt/ tmdl.html.

Comments received could alter the selection of targeted segments or change segment priority levels. Local residents, interest groups, or other entities may have data documenting specific problems, programs, or conditions that are unknown to TNRCC but which should be considered to finalize the list. The draft list which is now available reflects changes to the initial draft list distributed in January 1998. These changes reflect the TNRCC's response to a variety of comments received during the initial public comment period. Specific comments submitted in response to the January draft list need not be resubmitted.

Comments on the final draft 1998 CWA 303(d) List and the statewide schedule for corrective action shall be provided in written form and sent to Patrick Roques, Texas Natural Resource Conservation Commission, Water Quality Division, MC-150, P.O. Box 13087, Austin, Texas 78711-3087. For overnight mail packages, send to Patrick Roques, Texas Natural Resource Conservation Commission, Water Quality Division, 12100 Park 35 Circle, Building F, Austin, Texas 78753. Comments may also be faxed to Patrick Roques at (512) 239-4420, or e-mailed to proques@tnrcc.state.tx.us. Comments will be accepted for 31 days after publication of this notice. Information must be submitted in writing, telefax or by e-mail and cannot be accepted by phone.

TRD-9803135

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 4, 1998

Notice is given to the public of the filing with the Public Utility Commission of Texas, as of March 2, 1998, pursuant to Public Utility Commission Substantive Rule §23.147(f)(1), of four applications for designation as an eligible telecommunications provider to receive funds from the Texas Universal Service Fund filed by local exchange carriers that are certificate of convenience and necessity (CCN) holders seeking support under the Texas High Cost Universal Service Plan (THCUSP).

Project Title and Number: Initial Proceeding to Designate, As Eligible Telecommunications Providers (ETPs), Local Exchange Carriers That Are CCN Holders Seeking Support Under Public Utility Commission Substantive Rule §23.133, Relating to the Texas High Cost Universal Service Plan (THCUSP), Pursuant to Public Utility Commission Substantive Rule §23.147. Project Number 18769.

The following telecommunications carriers have filed in this project, on or about March 2, 1998, applications for designation as an eligible telecommunications provider: Central Telephone Company of Texas, doing business as Sprint; GTE Southwest Incorporated; Southwestern Bell Telephone Company; and United Telephone Company of Texas, Inc., doing business as Sprint.

Persons with questions or comments about this project should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or telephone the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Interested persons wishing to provide commission staff with written comments or recommendations concerning the applications shall file the requisite number of copies with the commission filing clerk. The deadline for comment is April 2, 1998. All correspondence should refer to Project Number 18768.

TRD-9803145

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 4, 1998

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on February 20, 1998, to amend a certificate of convenience and necessity pursuant to §§14.001, 32.001, 36.001, 37.051, and 37.054, 37.056, 37.057, and 37.058 of the Public tility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows.

Docket Title and Number: Application of Garland Power and Light to Amend Certificated Service Area Boundaries (Service Area Exception) within Dallas County, Docket Number 18863 before the Public Utility Commission of Texas.

The Application: In Docket Number 18863, Garland Power and Light requests an amendment to its certificated service area boundary (service area exception) with Texas Utilities Electric Company in order to provide three-phase electric service to the St. Gregorious Church being constructed in Garland, Texas, Dallas County.

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 Customer Protection at (512)936-7120 within 15 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9802891

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 26, 1998

On February 25, 1998, USA eXchange LLC, doing business as Omniplex Communications Group 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 60010. Applicant intends to change its name only from USA eXchange LLC, doing business as Omniplex Communications Group to Omniplex Communications Group, LLC.

The Application: Application of USA eXchange LLC, doing business as Omniplex Communications Group for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 18883.

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 the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than March 18, 1998. You may contact the PUC Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18883.

TRD-9802890

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 26, 1998

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on February 27, 1998, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.154-54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Alternative Telephone Connections, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 18897 before the Public tility Commission of Texas.

Applicant intends to provide resold local exchange telephone services and general exchange services within the proposed service area.

Applicant's proposed service area includes the entire state of Texas.

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 Customer Protection at (512) 936-7120 no later than March 18, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9803101

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 3, 1998

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 a 5 station addition to the existing PLEXAR-Custom service for Abilene ISD in Abilene, Texas.

Tariff Title and Number: Application of Southwestern Bell Telephone Company for a 5 Station Addition to the Existing PLEXAR-Custom Service for Abilene ISD in Abilene, Texas Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 18866.

The Application: Southwestern Bell Telephone Company is requesting approval for a 5 station addition to the existing PLEXAR-Custom service for Abilene ISD in Abilene, Texas. The designated exchange for this service is the Abilene exchange, and the geographic market for this specific PLEXAR-Custom service is the Abilene LATA.

Persons who wish to comment upon the action sought should contact the Public tility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512)936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9802889

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 26, 1998

The Staff of the Public Utility Commission of Texas plans to hold a second workshop in Project Number 18758, to review commission Substantive Rule §23.97, relating to Interconnection, on March 25, 1998, from 1:00 p.m. to 5:00 p.m. in the Robert W. Gee hearing room on the seventh floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Discussion at the workshop will address parties' written comments on the topics discussed at the March 2, 1998 workshop.

Persons who plan to attend the March 25 workshop should register with Sandra Hamlett at (512) 936-7239. If there are any questions, contact Nelson Parish at (512) 936-7257 or Meena Thomas at (512) 936-7344.

TRD-9803102

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 3, 1998

On February 24, 1998, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint (collectively, Sprint) and NHS Communications Group, Inc. collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18874. 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 13 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 18874. 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 April 2, 1998, 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 Customer Protection 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 18874.

TRD-9802978

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 1998

On February 25, 1998, Southwestern Bell Telephone Company and Sterling International doing business as Reconex, collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18881. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

Pursuant to Public Utility Commission Procedural Rule 22.341, the commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 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 18881. 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 27, 1998, and shall include:

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

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

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

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

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

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

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to 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 project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection 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 18881.

TRD-9802980

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 1998

On February 24, 1998, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint (collectively, Sprint) and Winstar Wireless of Texas, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18875. 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 13 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 18875. 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 April 2, 1998, 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 Customer Protection 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 18875.

TRD-9802979

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 1998

On February 25, 1998, Go-Tel Incorporated and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18884. 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 13 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 18884. 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 April 2, 1998, 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 Customer Protection 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 18884.

TRD-9802981

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 1998

On February 25, 1998, First Telecommunications Network and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18885. 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 13 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 18885. 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 April 2, 1998, 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 Customer Protection 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 18885.

TRD-9802982

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 1998

On February 26, 1998, Conxus Network, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18888. 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 13 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 18888. 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 April 2, 1998, 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 Customer Protection 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 18888.

TRD-9802983

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 27, 1998

The Research and Oversight Council on Workers' Compensation invites proposals from qualified and experienced firms and institutions for the purpose of administering a survey which provides data on the experiences of injured workers who were fired or laid off after a work-related injury. This notice constitutes the entire Request for Proposal and contains all requirements necessary for an appropriate response.

Description of Services. Under this request the Research and Oversight Council plans to procure the services of a qualified firm or institution to perform the following duties: 1) the administration and completion of 1,200 telephone surveys of injured workers; 2) the completion of those surveys using five "call-backs" when necessary; 3) the drafting of a brief (maximum of five pages) report which describes the general methodology used and any major problems encountered in the administration of the survey, along with any caveats or other observations about the use of the data gathered from the survey.

Descriptions of Provisions. The Research and Oversight Council will provide a random sample of injured workers who had a work-related injury in 1996, stratified by the injured worker's impairment rating and the size of the employer. It should be noted that past experience has shown that approximately 15 to 20% of injured workers' phone numbers may be missing and/or out of service. Thus, a methodology for locating these injured workers should be included in the proposal.

For the purposes of this request for proposals, the firm or institution administering the survey must agree to: 1) safeguard the confidential information given to them by the Research and Oversight Council for the purposes of this survey; and 2) safeguard the confidential information collected by the vendor in conjunction with this project. The confidential information given to the vendor by the Research and Oversight Council is governed by the confidentiality requirements of Chapter 402 of the Texas Labor Code.

The Research and Oversight Council will also provide a pre-tested survey instrument consisting of approximately 45-50 questions which will be used in the administration of the survey described in this proposal. No single respondent to this survey, however, will have to answer all 45-50 of those questions.

Specification for Deliverables. The Research and Oversight Council will have review and approval authority over all deliverables. All information generated will become the property of the Research and Oversight Council. To protect the state's interest, all deliverables as well as databases, become the property of the Research and Oversight Council. The proposal submitted must demonstrate that the applicant is capable of performing, and willing to provide, all deliverables.

Project deliverables, at a minimum, will include:

a) Data generated from the completed surveys delivered on computer disk;

b) Response frequencies on all questionnaire items;

c) A brief (maximum of five pages) technical report detailing the methodology used and any major problems encountered in the administration of the survey. This might include any caveats or other relevant observations about the reliability of the data gathered from the survey.

All project deliverables are due on or before the end of the contract period.

Proposal Requirements. Respondents must submit a typewritten proposal on 81/2 by 11 inch plain white paper. All proposals and their accompanying attachments become the property of the Research and Oversight Council upon submission. Materials submitted will not be returned. Only attachments essential to the proposal should be submitted. To be considered, the following items must be included in the proposal:

a) an identification page listing the full legal name, the mailing and street address if different, title, and telephone number for the representative authorized to sign the contract and the same for the contact person;

b) a summary (maximum of seven pages) describing how the contractor proposes to provide the services described and requested in the previous sections of this proposal request entitled "Description of Services" and "Specification of Deliverables," including who will be responsible for carrying out each part of the project, the proposed approach (describing the methodology, activities and/or procedures to be used in administering the survey, including a brief description of any survey administration software used, automatic dialing capacity, number of interviewing stations, number of interviewers, survey lab hours, bilingual capacity, and interviewer training guidelines, if any), and the general timelines within which the proposed project will be accomplished;

c) a detailed budget of all costs;

d) a description of the services, if any, that the contractor may require from the Research and Oversight Council and other state agencies;

e) the names of key staff to be used in this contract, their function and a complete resume; and

f) references, including client contact information from similar contracts and copies of similar work products, if available, that demonstrate experience and knowledge with project management and data collection.

Closing Date. The written proposal must be received by the Research and Oversight Council by 2:00 p.m. on March 27, 1998. Send proposals to June Karp, Executive Director, Research and Oversight Council on Workers' Compensation, 105 West Riverside Drive, Suite 100, Austin, Texas 78704. Proposals can be sent facsimile to (512) 469-7481. Hand-delivered proposals will be accepted daily between 8:00 a.m. and 5:00 p.m. except Saturdays, Sundays, and holidays at the same address. Proposals received after the deadline will not be eligible for consideration. Proposers may be requested to make oral presentations of their proposals at their own expense.

Terms and Amount. The following terms and conditions must be accepted by all respondents. The Research and Oversight Council reserves the right to reject any and all proposals, or portions of proposals, and to cancel this request for proposal if it is deemed in the best interest of the Research and Oversight Council. All information generated is the exclusive property of the Research and Oversight Council. At the conclusion of the project, an itemized expenditure report is due.

The Research and Oversight Council reserves the right to negotiate with one or more respondents. The Research and Oversight Council reserves the right to reasonably modify and reschedule proposed activities throughout the life of the contract.

Issuance of this request for proposal creates no obligation to award a contract or to pay any costs incurred in the preparation of a proposal.

It is anticipated that the contract period will be from April 6, 1998 through April 27, 1998. The amount award will be commensurate with services provided.

Evaluation and Selection. The proposal demonstrating the highest quality of proposed services deliverable within the established time frame offering the greatest expertise and qualifications at the most cost-effective price, will be awarded the contract.

Contact Point. Any questions regarding this request for proposals should be directed to Amy Lee, Research Specialist, at (512) 469-7811.

TRD-9803156

June L. Karp

Executive Director

Research and Oversight Council on Workers' Compensation

Filed: March 4, 1998

Notice of Invitation: The Materials and Tests Division of the Texas Department of Transportation (TxDOT) intends to enter into a contract with a professional engineer, pursuant to Texas Government Code, Chapter 2254, Subchapter A, and 43 TAC §§9.30-9.43 to provide the following services. To be considered, a prime provider and any subproviders proposed on a team must meet the minimum qualifications of the described non-listed (N.L.) work by the deadline date for receiving the letter of interest. To qualify for contract award, a selected prime engineer must perform a minimum of 30% of the actual contract work. Please be advised that a prime provider or subprovider currently employing former TxDOT employees needs to be aware of the revolving door laws, including Government Code, Chapter 572 and Section 52, Article IX, of the General Appropriations Bill. To be considered, the proposed team must demonstrate that they have a professional engineer registered in Texas who will sign and seal the work to be performed on the contract.

Contract Number 49-8XXP0006: The required non-listed work code (N.L.1.) to be performed shall consist of testing and evaluating geogrids as well as develop a non-proprietary specification for rigid and flexible geogrids. The services required are non-listed work type categories, and therefore, do not require precertification.

Historically Underutilized Business (HUB) Goal:

The goal for HUB participation in the work to be performed under this contract is zero percent of the contract amount.

Long List Criteria: TxDOT will consider the following criteria in its review of all interested providers:

1. Past Performance References: Minimum requirements - The team must provide at least two written references from other entities for which similar type of work was conducted. Preferred requirements - The team must provide three satisfactory written references from other entities for which similar type of work was conducted.

2. Project Requirements (Team Capability Experience): Minimum requirements - Prime provider must have one Professional Engineer (P.E.) with a minimum of three years experience in testing and evaluating geogrids, and the P.E. must explain and demonstrate applicable experience. Provider must have the proper equipment to test and evaluate geogrids, to include a constant-rate-of-extension tensile machine. Preferred requirements - The team's project manager must explain and demonstrate experience in the evaluation of geogrids and in writing material specifications.

3. Special (Similar) Project Experience of Project Manager and Team Members: Minimum requirements - Must identify specific information detailing successful completion of at least one similar project. Preferred requirements - Identifies specific information detailing successful completion of multiple similar projects.

4. Evidence of Compliance with Assigned HUB Goal: A provider receives three points for meeting the assigned goal or zero points for not meeting the assigned goal.

Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal, will be accepted by fax at (512) 302-2397, or by hand delivery to TxDOT, Materials and Tests Division, Attention: Claudia Kern, 3800 Jackson Avenue Building 5, or by mail addressed to TxDOT, Materials and Tests Division, Attention: Claudia Kern, 125 East 11th Street. Austin, Texas 78701. Letters of interest will be received until 5:00 p.m. on Friday, March 27, 1998.

Letter of Interest Requirements: The letter of interest is limited in length to eight pages plus one page per reference, (81/2 x 11 inch size, 12 point font, single-sided, with no attachments or appendices), and must include the contract number 49-8XXP0006; an organizational chart containing the names, addresses, telephone and fax numbers of the prime provider and any subproviders proposed for the team and their contract responsibilities; certification that the proposed team individuals are currently employed by either the prime provider or a subprovider; certification that the proposed team individuals meet the minimum qualification requirements; the prime provider's project manager and key personnel proposed for the contract; team capabilities; special project related experience; evidence of compliance with the assigned HUB goal through the prime provider or subprovider identified on the team, or a written commitment to make a good faith effort to meet the assigned goal (not applicable); and other pertinent information addressed in the notice, including references for related projects.

Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Claudia Kern, at (512) 465-7742, fax (512) 302-2397, or E-mail ckern@mailgw.dot.state.tx.us.

TRD-9803150

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: March 4, 1998

Notice of Invitation: The Pharr District of the Texas Department of Transportation (TxDOT) intends to enter a contract with a professional engineer, pursuant to Government Code, Chapter 2254, Subchapter A, and 43 TAC §;9.30-9.43, to provide the following services. To be considered, a prime provider and any subproviders proposed on the team must be precertified by the deadline date for receiving the letter of interest for each of the advertised work category(s), unless the work category is a non-listed work category. To qualify for contract award a selected prime engineer must perform a minimum of 30% of the actual contract work. Please be advised that a prime provider or subprovider currently employing former TxDOT employees needs to be aware of the revolving door laws, including Government Code, Chapter 572 and Section 52, Article IX of the General Appropriations Bill. To be considered, the proposed team must demonstrate that they have a professional engineer registered in Texas who will sign and seal the work to be performed on the contract.

Contract Number 21-845P5024 -The pre-certification work categories and the percent of work per category are: 7.1.1-Traffic Engineering Studies (32%), 7.3.1-Traffic Signal Timing (10%), 8.3.1-Signalization (30%), 10.2.1-Basic Hydraulic Design (05%), 14.3.1-Transportation Foundation Studies (05%), 15.1.1-Survey (06%), 15.1.2-Parcel Maps (04%), 15.1.3-Legal Descriptions (04%), and 15.1.4-Right of Way Maps (04%). The work to be performed shall consist of the preparation of plans, specifications and estimate (PSE) documents for various proposed signalized intersections and/or prepare traffic study reports.

Historically Underutilized Business (HUB) Goal: The goal for HUB participation for the work to be performed under this contract is 10% of the contract amount.

Long List Criteria: TxDOT will consider the following criteria in its review of all interested providers.

1. Past Performance Scores: Must provide names and phone numbers of two (six preferred) separate references for which the prime prepared P.S.and E.and reports similar to the major work tasks (7.1.1-Traffic Engineering Studies and 8.3.1-Signalization).

2. Project Requirements (Team Capability and Experience): Traffic Engineering Studies (7.1.1); Traffic Signal Timing (7.3.1) Signalization (8.3.1); Basic Hydraulic Design (10.2.1); Transportation Foundation Studies (14.3.1). Minimum requirements: employ one professional engineer with two years (four years preferred) experience in performing work in all these categories.

Survey (15.1.1); Parcel Maps (15.1.2); Legal description (15.1.3); Right of Way Maps (15.1.4), Right of Way Maps(15.1.4). Minimum requirements: employ one registered professional land surveyor and two technicians each with two years (four years preferred) experience in performing work in these categories.

3. Special (Similar) Project Related Experience of Project Manger and Team Members: Project Manager must be a professional engineer who can demonstrate the concerns taken into consideration in designing traffic signals and performing and documenting traffic engineering studies, having completed six similar projects.

Traffic Engineering Studies (7.1.1): Minimum requirements: employ a team member with demonstrated experience in having performed and documented two (four preferred) projects in urban and rural settings which involved the following: classified traffic counts, signal warrants, capacity and level of service analysis, intersection analysis, signing and pavement marking designs and layouts, and knowledge in speed studies.

Traffic Signal Timing (7.3.1): Minimum requirements: employ a team member with demonstrated experience in having performed and documented four (eight preferred) projects which involved the following: data collection, intersection analysis, computerized timing programs and timing implementation.

Signalization (8.3.1): Minimum requirements: employ a team member with demonstrated experience in having designed and prepared plans and specifications for six traffic signalization projects. Preferred requirements: in addition to the minimum requirements, employ a team member who has current knowledge in controller equipment (hard and software) and familiar with available software for various systems. List one innovative design that you would consider if a highly congested two-way street with four lanes and two-way street with two lanes intersection existed and additional right of way is prohibited.

Basic Hydraulic Design (10.2.1): Minimum requirements: employ a team member with demonstrated experience in storm sewer design and analysis for two (four preferred) roadway projects.

Transportation Foundation Studies (14.3.1): Minimum requirements: employ a team member with demonstrated experience in having performed, designed and documented two (four preferred) projects involving signalize pole foundations.

Survey (15.1.1): Minimum requirements: employ team members with demonstrated experience in having performed two (four preferred) ground surveys.

Parcel Maps (15.1.2): Minimum requirements: employ team members with demonstrated experience in having prepared a roadway map with more than two (four preferred) identified parcels to be acquired.

Legal Description (15.1.3): Minimum requirements: employ team members with demonstrated experience in having prepared two (four preferred) land surveys.

Right of Way Maps (15.1.4): Minimum requirements: employ team members with demonstrated experience in having prepared two (four preferred) roadway maps with two (four preferred) parcel takings.

4. Evidence of Compliance with Assigned HUB Goal: A provider gets three points for meeting the assigned goal or zero points for not meeting the assigned goal.

Letter of Interest Requirements: The letter of interest is limited in length to five 8 1/2 x 11 pages (10 or 12 point font size, single sided with no appendices or attachments), and must include the contract number 21-845P5024; an organizational chart containing the names, addresses, telephone and fax numbers of the prime provider and any subproviders proposed for the team and their contract responsibilities by work category; certification that the proposed team individuals are currently employed by either the prime provider or a subprovider; the prime provider's project manager and key personnel proposed for the contract; team capabilities; special project related experience; evidence of compliance with the assigned HUB goal through the prime provider or subprovider identified on the team, or a written commitment to make a good faith effort to meet the assigned goal; project related experience performed since precertification; and other pertinent information addressed in the notice.

Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (956) 702-6110, by hand delivery or mail to TxDOT Pharr District; 600 West Expressway; Pharr, Texas 78577, Attention: Homer Gutierrez. Letters of interest will be received until 5:00 p.m., Friday, March 27, 1998.

Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Homero L. Gutierrez, P.E., at (956) 702-6158 or fax (956) 702-6110.

TRD-9803153

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: March 4, 1998

Notice of Invitation: The Notice of Invitation for the El Paso District of the Texas Department of Transportation published in the February 20, 1998, issue of the Texas Register (23 TexReg 1737) is hereby canceled and replaced by the following notice.

The El Paso District of the Texas Department of Transportation (TxDOT) intends to enter a contract with four professional engineers, pursuant to Texas Government Code, Chapter 2254, Subchapter A, and 43 TAC §;9.30-9.43, to provide the following services. To be considered, a prime provider and any subproviders proposed on the team must be precertified by the deadline date for receiving the letter of interest for each of the advertised work categories, unless the work category is a non-listed work category. To qualify for contract award, a selected prime engineer must perform a minimum of 30% of the actual contract work. Please be advised, a prime provider or subprovider currently employing former TxDOT employees, needs to be aware of the revolving door laws, including Government Code, Chapter 572 and Section 52, Article IX, of the General Appropriations Bill. To be considered, the proposed team must demonstrate that they have a professional engineer registered in Texas who will sign and/or seal the work to be performed on the contract.

RFP 24-8RFP5001 - for partial or complete P.S. and E. The work categories and the percent of work per category are: 4.1.1 Minor Roadway Design (20%); 4.2.1 Major Roadway Design (25%); 5.1.1 Minor Bridge Design (6.0%);5.2.1 Major Bridge Design (4.0%); 8.1.1 Signing, Pavement Marking and Channelization (10%);8.2.1 Illumination (1.0%); 8.3.1 Signalization (1.0%); 10.1.1 Hydrologic Studies (10%); 10.2.1 Basic Hydraulic Design (10%); 15.2.1 Design Survey (7.0%); 15.3.1 Aerial Mapping (2.0%); 15.4.1 Horizontal and Vertical Control for Aerial Mapping (2.0%); 17.1.1 Functional and Aesthetically Pleasing Outdoor Spaces (1.0%); 17.2.1 Planting and Irrigation (1.0%). The work to be performed shall consist of the preparation of plans, specifications and estimate (P.S. and E.) documents to construct miscellaneous work, bridge replacement, new bridge construction, urban and rural rehabilitation projects, rural rehabilitation and widening projects, and construction of new farm to market road. All environmental and public involvement concerns. Schematic development, ROW map development and pavement design will be handled by TxDOT. The District Consultant Selection Team has determined a range of scores for providers that are considered equally qualified to perform the work to be not less than 750 points out of 900 maximum.

The goal for Historically Underutilized Business (HUB) participation in the work to be performed under this contract, is a minimum of 30% of the contract amount.

Long List Criteria: TxDOT will consider the following criteria in its review of all interested providers based on the above mentioned work to be performed.

1. Past Performance Scores: Minimum requirements - The team must provide two separate satisfactory written references (in any combination) for preparing PS and E with similar major work tasks of the following project classifications: new ramp/roadway construction, new farm to market road, bridge replacement, upgrading of a non-freeway facility, and new location non freeway facility.

Preferred requirements - The team must provide four satisfactory written references as outlined in the minimum requirements.

2. Project Requirements (Team Capability Experience): Minor Roadway Design (4.1.1): Minimum requirements - Project team must have worked on three minor roadway design projects within the past five years.

Preferred requirements - In addition to the minimum requirements, the project team must explain and adequately demonstrate their experience in applying AASHTO's "A Policy on Geometric Design of Highways and Streets" design criteria on five minor roadway design projects.

Major Roadway Design (4.2.1): Minimum requirements - Project team must have worked on three major roadway design projects within the past five years. Preferred requirements - In addition to the minimum requirements, the project team must explain and adequately demonstrate their experience in applying AASHTO's "A Policy on Geometric Design of Highways and Streets" design criteria on five major roadway design projects.

Minor Bridge Design (5.1.1): Minimum requirements - The project team must include one professional engineer with five years experience in minor bridge design and must have worked on three minor bridge design projects within the past five years. Preferred requirements - In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience in applying AASHTO's "Standard Specifications for Highway Bridges" on five minor bridge design projects within the past five years.

Major Bridge Design (5.2.1): Minimum requirements - The project team must include one professional engineer with five years experience in major bridge design and must have worked on three major bridge design projects within the past five years.

Preferred requirements - In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience in applying AASHTO=s A Standard Specifications for Highway Bridges@ on five major bridge design projects within the past five years.

Signing, Pavement Marking and Channelization (8.1.1): Minimum requirements - The project team must include one professional engineer with five years experience in design and preparation of plans for signing, pavement markings, and channelization for three minor roadway designs within the past five years. Preferred requirements - In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience in applying design guidance developed in the National Manual on Uniform Traffic Control Devices for five major roadway designs within the past five years.

Illumination (8.2.1): Minimum requirements - The project team must include one professional engineer with five years experience in design and production of illumination plans meeting IESNA and AASHTO guidelines. Preferred requirements - In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience applying design guidance developed by AASHTO for determining and locating safety lighting, and for locating and sizing continuous lighting systems.

Signalization (8.3.1): Minimum requirements - The project team must include one professional engineer with five years experience in design and production of signal plans meeting AASHTO guidelines. Preferred requirements - In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience applying design guidance developed by AASHTO for determining and locating signals.

Hydrologic Studies (10.1.1): Minimum requirements - The project team must include one professional engineer with five years experience in preparing hydrologic studies; and a minimum of five years as a professional engineer in analysis of complex watersheds. Preferred requirements - In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience developing hydrologic data for both urban and rural arid to semi-arid watersheds. The watershed data will be used to analyze culvert and bridge structural design.

Basic Hydraulic Design (10.2.1): Minimum requirements - The project team must include one professional engineer with five years experience in preparing hydraulic designs; and a minimum of five years as a professional engineer in hydrologic analysis, hydraulic design, and storm sewer design. Preferred requirements - In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience sizing culverts, design of storm sewer system and determining bridge designs through hydraulic data analysis.

Design Survey (15.2.1): Minimum requirements - The project team must include one registered professional land surveyor with a minimum of five years experience in preparing horizontal/vertical control, construction surveys, and miscellaneous data collection, who has sufficient staff to undertake the requirements associated with this type of work; and who has available the proper equipment to perform the work. Preferred requirements - In addition to the minimum requirements, the nominate surveyor must explain and adequately demonstrate his/her experience in GPS data collection, SDMS and CAICE software, preparing horizontal/vertical control using digital terrain models and topographic files.

Aerial Mapping (15.3.1): Minimum requirements - The project team must include one registered professional land surveyor with a minimum of five years experience in preparing horizontal/vertical control for determining horizontal panel layouts, who has sufficient staff to undertake the requirements associated with this type of work; and who has available the proper equipment to perform the work. Preferred requirements - In addition to the minimum requirements, the nominate surveyor must explain and adequately demonstrate his/her experience in GPS data collection, and SDMS and CAICE software.

Horizontal and Vertical Control for Aerial Mapping (15.4.1): Minimum requirements - The project team must include one registered professional land surveyor with a minimum of five years experience in preparing horizontal/vertical control for determining horizontal panel layouts, who has sufficient staff to undertake the requirements associated with this type of work; and who has available the proper equipment to perform the work. Preferred requirements - In addition to the minimum requirements, the nominate surveyor must explain and adequately demonstrate his/her experience in GPS data collection, and SDMS and CAICE software.

Functional and Aesthetically Pleasing Outdoor Spaces (17.1.1): Minimum requirements - The project team must include one landscape architect with a minimum of three years experience in preparing aesthetic landscape designs for roadway projects. Preferred requirements - In addition to the minimum requirements, the nominated landscape architect must explain and adequately demonstrate his/her experience in preparing aesthetic landscape designs, for roadway projects and structures (retaining walls and bridges).

Planting and Irrigation (17.2.1): Minimum requirements - The project team must include one landscape architect with a minimum of three years experience in preparing planting and irrigation plans for roadway projects. Preferred requirements - In addition to the minimum requirements, the nominated landscape architect must explain and adequately demonstrate his/her experience in preparing planting and irrigation details for three roadway projects.

3. Special Project Related Experience of Project Manager and Team Members

Minor Roadway Design (4.1.1), Major Roadway Design (4.2.1): Minimum requirements - Project Manager must be and have been a Registered P.E. for not less than five years and must have worked on three similar type projects in the past five years. The Team must have at least a combination of two members to include design technicians or two graduate engineers and must have worked on three minor roadway design projects in the past five years. The Team must have at least one Professional Engineer registered for not less than three years who must have worked on not less than three minor roadway designs projects in the past three years. Preferred requirements are - Project Manager must be a Registered P.E. for not less than five years and must have worked on five major roadway projects in the past five years. The Team must have at least a combination of three members to include design technicians or graduate engineers and must have worked on five major roadway design projects in the past five years. The Team must have at least one Professional Engineer registered for not less than five years who must have worked on not less than five major roadway design projects in the past five years.

"Special (Similar) Project Related Experience" for the following categories are not applicable for these contracts: Minor Bridge Design (5.1.1), Major Bridge Design (5.2.1), Signing, Pavement Markings and Channelization (8.1.1), Illumination (8.2.1), Signalization (8.3.1), Hydrologic Studies (10.1.1), and Basic Hydraulic Design (10.2.1).

Design Survey (15.2.1), Aerial Mapping (15.3.1), and Horizontal and Vertical Control for Aerial Mapping (15.4.1): Minimum requirements are - One RPLS with five years of licensed experience who must have worked on three minor roadway design projects in the past five years. Also, the party chief who will be principally charged with the work under these contracts must have at least five years related experience and must have worked on three minor roadway design projects in the past five years. The team must include at least one individual to demonstrate their experience at preparing horizontal/vertical control, earthwork, and miscellaneous data collection for three minor roadway design projects in the past five years. Preferred requirements are - One RPLS with five years of licensed experience who must have worked on five major roadway design projects in the past five years. Also must have one experienced party chief with at least seven years related experience and must have worked on five major roadway design projects in the past five years. The team must include at least one individual who is experienced in GPS data collection, SDMS, CAICE, preparing horizontal/vertical control (digital terrain models) and topographic files for five major roadway design projects in the past five years.

"Special (Similar) Project Related Experience" for the following categories are not applicable for these contracts: Functional and Aesthetically Pleasing Outdoor Spaces (17.1.1) and Planting and Irrigation (17.2.1).

4. Evidence of compliance with Assigned DBE/HUB Goal: A provider gets three points for meeting the assigned goal or zero points for not meeting the assigned goal.

Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at 915-774-4278, or by hand delivery to TxDOT, El Paso District, Attention: Mark Longenbaugh, P. E., 212 North Clark, El Paso, Texas or by mail to P.O. Box 10278, El Paso, Texas 79994-0278. Letters of interest will be received until 5:00 p.m., Mountain Standard time, on Friday, March 27, 1998.

Letter of Interest Requirements: The letter of interest is limited to five 8 1/2 x 11 pages (10 or 12 point font size, single sided with no attachments or appendices), and must include RFP 24-8RFP5001; an organizational chart containing names, addresses, telephone number and fax number of the prime provider and any subproviders proposed for the team and their contract responsibilities by work category; certification that the proposed team individuals are currently employed by either the prime provider or a subprovider; the prime provider's project manager and key personnel proposed for the contract; team capabilities; special project related experience; evidence of compliance with the assigned HUB goal through the prime provider or subprovider identified on the team, or a written commitment to make a good faith effort to meet the assigned goal; project related experience performed since precertification; and other pertinent information addressed in the notice. Written references for related projects can be attachments to the five page letter.

Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Mark Longenbaugh, P. E., at 915-774-4258 or fax number 915-774-4278.

TRD-9803155

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: March 4, 1998

Pursuant to Transportation Code, §366.035 and 43 TAC §27.43, the Texas Transportation Commission (the "commission") will conduct a public hearing on Monday, March 30, 1998, at 9:00 a.m., at the Dewitt C. Greer Building, 125 East 11th Street, Austin, Texas, to receive comments from interested persons concerning the proposed removal from the state highway system and transfer to the North Texas Tollway Authority (the "authority") of a portion of State Highway 161 from Interstate Highway 635 to Belt Line Road in Dallas County to be utilized by the authority under Transportation Code, Chapter 366, for construction, operation, and maintenance of a turnpike project to be known as the Western Extension of the President George Bush Turnpike (State Highway 190).

Transportation Code, §366.035 authorizes the transfer of a segment of the state highway system to the authority for such purposes subject to a prior public hearing by the commission and approval of the Governor, and further subject to a finding by the commission that the conversion of an existing segment of the free state highway system to a turnpike project is the most feasible and economic means to accomplish necessary expansion, improvements, or extensions to the state highway system. The cited section also requires the authority to reimburse the commission for the cost of the transferred highway, unless the commission finds that the transfer will result in substantial net benefits to the state, the Texas Department of Transportation, and the traveling public that exceed that cost. The cost includes the total dollar amount expended by the department for the original construction of the transferred highway, including all costs associated with the preliminary engineering and design engineering for plans, specifications, and estimates, acquisition of necessary right of way, and actual construction of the highway and all necessary appurtenant facilities. Costs anticipated to be expended by the department, as evidenced by inclusion in the current three-year Statewide Transportation Improvement Program, to expand, improve, or extend the highway shall be deducted from the costs to be reimbursed to the commission.

As required by Transportation Code, §366.035, criteria and guidelines for the approval of the transfer have been adopted by rule of the commission in 43 TAC §27.43, and specify that the commission may, after a review of the regional tollway authority's traffic and revenue forecasts, transfer an existing highway to the authority, if:

(1) the authority agrees, through binding written commitment, to accept the highway for maintenance and operation in a safe and efficient manner while protecting and preserving the state's investment in the facility;

(2) the transfer will not adversely affect regional mobility;

(3) construction of the necessary expansion, improvement or extension can be accomplished efficiently, expeditiously, and with a minimum public investment;

(4) the department will have design review and approval for all projects undertaken on the facility;

(5) the authority agrees to complete a study of the social, economic, and environmental impacts of all projects, consistent with the spirit and intent of the National Environmental Policy Act, Title 42, United State Code, §;4321 et seq., Title 23, United States Code, §109(h), and shall provide for public involvement and meet all other requirements of 43 TAC §;2.40-2.51 (relating to Environmental Review and Public Involvement for Transportation Projects); and

(6) the authority agrees that the department will not accept the facility back into the state highway system unless it is found to be in an acceptable state of repair and maintenance and meets all current design standards used by the department.

Metes and bounds description and maps and drawings showing the proposed portion of State Highway 161 to be transferred and other information concerning the proposed transfer are on file and available for public inspection and copying by contacting Stan Hall, P.E., District Advance Project Development Engineer, Dallas District Office, 9700 East R. L. Thornton, Dallas, Texas 75221, (214) 320-6100, or Robert L. Wilson, P.E., Director, Design Division, 118 Riverside Drive, Austin, Texas, (512) 416-2576.

All interested citizens are invited to attend this public hearing, which will be conducted in accordance with the procedures specified in 43 TAC §1.5. Speakers will be recognized in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing; however, questioning of those making presentations will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any person with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time and repetitive comment. Groups, organizations, or associations are encouraged to present their commonly held views, and same or similar comments, through a representative member where possible. Presentations must remain pertinent to the issue being discussed. A person may not assign a portion of his or her time to another speaker. A person who disrupts a public hearing must leave the hearing room if ordered to do so by the presiding officer.

Persons with disabilities who plan to attend the hearing 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 Kerry Neely, community relations manager, at 125 East 11th Street, Austin, Texas 78701-2483, (512) 463-8954 at least two work days prior to the hearing so that appropriate arrangements can be made.

Written comments may be submitted within ten days after the public hearing to Charles W. Heald, P.E., Executive Director, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for submitting all comments is 9:00 a.m. on Thursday, April 9, 1998.

TRD-9803152

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: March 4, 1998

The Texas Department of Transportation (TxDOT) has recently commissioned the HNTB Corporation to conduct a corridor study of Interstate Highway 35 from Laredo, Texas to Duluth, Minnesota. This study will investigate what improvements are necessary to ensure efficient movement of goods and people in the future.

A series of public informational meetings will solicit input and exchange information from private and public groups, associations, and individuals. These meetings will all be structured informally with TxDOT personnel available to assist with information. The first of the meetings held in Texas will be on March 31, 1998 at the City of Irving, City Hall Council Chambers, 825 West. Irving Boulevard. The meeting will begin at 4:00 p.m. The second meeting will be on April 1, 1998, in Austin at the Joe C. Thompson Center, Dean Keeton Street (26th Street) and Red River Street . This meeting will begin at 6:00 p.m. The final Texas meeting will be in Laredo. This meeting will be held at the TxDOT District office at 1817 Bob Bullock Loop, Laredo, Texas from 6:00 p.m to 8:00 p.m. All the meetings will be of the same format and will present an overview of the entire project. Specific areas of concern can be addressed at any of the meetings. All comments will be taken into consideration prior to the next series of meetings tentatively scheduled for late fall.

Persons interested in attending the meetings who have special accommodation needs are encouraged to call Eloise Lundgren at TxDOT's Public Information Office at (512) 305-9137, at least two days prior to the meeting. Since these meetings will be conducted in English, any request for language interpreters or other special communication needs should be made two days prior to the meeting. TxDOT will make every reasonable effort to accommodate these needs.

All interested citizens are invited to attend and express their views. Verbal and written comments relative to the proposed project may be presented at the meetings. Written comments may also be submitted to Alvin R. Luedecke, Jr., P.E., P.O. Box 149217, Austin, Texas 78717-9217. Comments should be submitted within two weeks after the meeting to receive proper consideration in the planning process.

TRD-9803151

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: March 4, 1998