TITLE in-addition

Texas Department of Agriculture

Notice of Public Hearing

The Texas Department of Agriculture (the department) will hold a public hearing to take public comment on its proposed Diaprepes Root Weevil Quarantine rules, proposed new §§19.160-19.163. The proposal was published in the Friday, July 6, 2001 issue of the Texas Register (26 TexReg 4931). The hearing will be held on August 2, beginning at 9:00 a.m., at the department's Lower Rio Grand Valley regional office located at 900-B E. Expressway 83, San Juan, Texas.

For more information please contact Steve Bearden, Texas Department of Agriculture, 900-B E. Expressway 83, San Juan, Texas 78589, (956) 787-8866.

TRD-200104024

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: July 12, 2001


Coastal Coordination Council

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were received for the following projects(s) during the period of July 6, 2001, through July 12, 2001. The public comment period for these projects will close at 5:00 p.m. on August 17, 2001.

FEDERAL AGENCY ACTIONS:

Applicant: Jerry Moffitt; Location: The project is located on Taylor Bayou Slough on Lots 13 and 18, Block 41, in Shoreacres, Harris County, Texas. CCC Project No.: 01-0248-F1; Description of Proposed Action: The applicant proposes to construct a low water bridge approximately 20 feet wide and 100 feet long across Taylor Bayou Slough. The proposed bridge would be composed of fill dirt and is necessary to connect Lots 13 and 18, both of which the applicant owns. No wetlands or vegetated shallows would be impacted. Type of Application: U.S.A.C.E. permit application #22405 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and section 404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Oiltanking of Texas, Inc.; Location: The project is located within the Houston Ship Channel near mile point 37.4 at the Oiltanking Houston, Inc. facility, Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Pasadena, Texas. Approximate UTM Coordinates: Zone 15; Easting: 294010; Northing: 3291210. CCC Project No.: 01-0250-F1; Description of Proposed Action: The applicant proposes to relocate the existing dock 6 platform, pipe rack, and walkway structures to a new location in line with the existing "A" barge dock structure. Additionally, four timber pile tripod breasting dolphins will be removed and will be replaced with six new 48-inch diameter steel breasting piles. The size of the proposed relocated dock 6 platform is approximately 105 feet long and 18 feet wide. The structure will be located within the boundaries of the existing fender piles. Type of Application: U.S.A.C.E. permit application #10300(10) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: Trinity Field Services; Location: The project is located within Sulfur Cut, a tributary of the Trinity River, approximately 4.5 miles north of the I-10 bridge over the Trinity River. The location can be accessed from a county road located 3.7 miles north from the intersection of FM 563 and I-10 in Liberty and Chambers Counties, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Sulfur Cut, Texas. CCC Project No.: 01-0251-F1; Description of Proposed Action: The applicant proposes to modify the depth of the turning basin to -10 feet MLT. All transition zones would not be steeper than a 4:1 slope. The sand sediment proposed to be dredged at the junction of Sulfur Cut and the Trinity River would be placed back into the river system. The area would be hydraulically dredged and the outlet pipe would be placed on the river bottom to allow the natural sediment to move downstream. The proposed bulkhead would be located from one to three feet in front of the existing bulkhead and its length would be 95 feet. Type of Application: U.S.A.C.E. permit application #22248 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and section 404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: PANACO Production Company; Location: The project is located in State Tract 73, in Trinity Bay, Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Smith Point, Texas. Approximate UTM Coordinates: Zone 15; Easting: 320200; Northing: 3273000. CCC Project No.: 01-0252-F1; Description of Proposed Action: The applicant proposes to drill and produce Well No. 6. If necessary, the drilling barge will be stabilized with a shell pad. If the well is successful, a well protection structure, a 40-foot by 30-foot production platform, and two 6-inch pipelines will be installed. Type of Application: U.S.A.C.E. permit application #09219(16)/021 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and section 404 of the Clean Water Act (33 U.S.C.A. §§125-1387). Deferred Action: The CMP consistency finding for this project may be deferred to the Railroad Commission of Texas which would then make the determination under its 401 certification process.

Applicant: Sabco Operating Company; Location: The project is located in State Tract 61 and 62 of Corpus Christi Bay, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Portland, Texas. Approximate UTM Coordinates: Zone 14; Easting: 661691; Northing: 3075244. CCC Project No.: 01-0253-F1; Description of Proposed Action: The applicant proposes to relocate a drilling location and pipeline route to comply with a City of Corpus Christi ordinance that requires all new oil field development structures be located within 500 feet of any existing oil field development structures within a State Tract. Type of Application: U.S.A.C.E. permit application #22174/005 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and section 404 of the Clean Water Act (33 U.S.C.A. §§125-1387). Deferred Action: The CMP consistency finding for this project may be deferred to the Railroad Commission of Texas which would then make the determination under its 401 certification process.

Applicant: Ballard Exploration Company, Inc.; Location: The project is located adjacent to the Taylor Bayou Outfall Canal, approximately 4.5 miles southwest of Port Arthur in Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Big Hill Bayou, Texas. Approximate UTM Coordinates: Easting: 402200; Northing: 3301800. CCC Project No.: 01-0254-F1; Description of Proposed Action: The applicant proposes to mechanically dredge a side slip in order to place a drilling vessel on location to drill the Howell Well No. 001. The slip will be 90 feet wide and 435 feet long. A total of 1.96 acres of marsh will be impacted by the dredge and fill activities. The applicant also proposes to install 10 temporary three-pile clusters to moor the drilling vessel and equipment barges. A wellhead protection structure, 8-feet by 16-feet, will be installed upon successful completion of the well. Type of Application: U.S.A.C.E. permit application #22416 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and section 404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information for the applications listed above may be obtained from Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495, or diane.garcia@glo.state.tx.us. Comments should be sent to Ms. Garcia at the above address or by fax at (512) 475-0680.

TRD-200104150

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: July 18, 2001


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003, Tex. Fin. Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 07/23/01 - 07/29/01 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 07/23/01 - 07/29/01 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 08/01/01 - 08/31/01 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 08/01/01 - 08/31/01 is 10% for Commercial over $250,000.

1 Credit for personal, family or household use.

2 Credit for business, commercial, investment or other similar purpose.

TRD-200104105

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: July 17, 2001


Credit Union Department

Application(s) for a Merger or Consolidation

Notice is given that the following application has been filed with the Texas Credit Union Department and is under consideration:

An application was received from AGCO Employees Credit Union (Stafford) seeking approval to merge with First Community Credit Union (Houston) with the latter being the surviving credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200104148

Harold E. Feeney

Commissioner

Credit Union Department

Filed: July 18, 2001


Appliction(s) to Expand Field of Membership

Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:

An application was received from Southwest Heritage Credit Union, Odessa, Texas to expand its field of membership. The proposal would permit persons who live or work or are located in Ector County, Texas, to be eligible for membership in the credit union.

An application was received from United Heritage Credit Union, Austin, Texas to expand its field of membership. The proposal would permit employees of Builder's Best, Inc. who work in or are paid from Jacksonville, Texas to be eligible for membership in the credit union.

An application was received from Texas Dow Employees Credit Union, Lake Jackson, Texas to expand its field of membership. The proposal would permit members of the International Union of Operating Engineers, Local Number 347, Texas City, Texas who qualify for membership in accordance with their constitution and bylaws, to be eligible for membership in the credit union.

An application was received from Texas Dow Employees Credit Union, Lake Jackson, Texas to expand its field of membership. The proposal would permit members of the International Union of Operating Engineers, Local Number 450, Texas City, Texas who qualify for membership in accordance with their constitution and bylaws, to be eligible for membership in the credit union.

An application was received from Texas Dow Employees Credit Union, Lake Jackson, Texas to expand its field of membership. The proposal would permit employees of Mundy Contract Maintenance, Inc., who work at Dow Chemical's BASF Plant located at Freeport, Texas, to be eligible for membership in the credit union.

An application was received from Texas Dow Employees Credit Union, Lake Jackson, Texas to expand its field of membership. The proposal would permit employees of Mundy Contract Maintenance, Inc., who work at the Dow Chemical plant located at LaPorte, Texas, to be eligible for membership in the credit union.

An application was received from Texas Dow Employees Credit Union, Lake Jackson, Texas to expand its field of membership. The proposal would permit county employees of Brazoria County, Texas, to be eligible for membership in the credit union.

An application was received from Members Choice Credit Union, Houston, Texas to expand its field of membership. The proposal would modify the exclusionary language of their community field of membership provisions as follows: ...excluding from membership persons eligible for primary membership in an occupation or association based credit union with a membership of less than 20,000 members at the time membership is sought and the credit union has a proprietary full service office located within this specific geographic community as of the date of this amendment.

An application was received from Star One Credit Union, Sunnyvale, California to expand the field of membership of its branch office located in Austin, Texas. The proposal would permit the employees and officials of Lattice Semiconductor who work at or paid from or supervised from or headquartered in Austin, Texas to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200104147

Harold E. Feeney

Commissioner

Credit Union Department

Filed: July 18, 2001


Notice of Final Action Taken

In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following application(s):

Application(s) to Expand Field of Membership - Approved

OmniAmerican Credit Union, Fort Worth, Texas (#1) - See Texas Register issue dated May 25, 2001.

Cameron Credit Union, Houston, Texas - See Texas Register issue dated May 25, 2001.

Port of Houston Credit Union, Houston, Texas - See Texas Register issue dated May 25, 2001.

Energy Capital Credit Union, Pasadena, Texas - See Texas Register issue dated May 25, 2001.

Star One Credit Union, Sunnyvale, California (3 Appls.) - See Texas Register issue dated April 27, 2001.

Application(s) for a Merger or Consolidation - Approved

First Energy Credit Union and Houston Energy Credit Union - See Texas Register issue dated March 30, 2001.

TRD-200104146

Harold E. Feeney

Commissioner

Credit Union Department

Filed: July 18, 2001


Texas Department of Criminal Justice

Notice of Award

The Texas Department of Criminal Justice hereby gives notice of a Contract Award for the ER & Chapel Re-Roof, Gatesville Unit, Requisition Number: 696-FD-1-B036.

The Contract was awarded to All-Tex Roofing, Inc., Contract Number: 696-FD-1-1-C0168, as a full award for a dollar amount of $98,850.

TRD-200104027

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: July 13, 2001


Texas Education Agency

Request for Applications Concerning the School Repair and Renovation Grant

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-01- 027 from local education agencies (LEAs) (i.e., public school districts and open-enrollment charter schools). A public school district or an open-enrollment charter school may submit only one application for this grant.

Description. School Repair and Renovation grant funds may be used to help LEAs make urgently needed repairs or renovations to school buildings to ensure the health and safety of students and school staff. These repairs and renovations include repairing, replacing, or installing roofs, electrical wiring, plumbing systems, or sewage systems; repairing, replacing, or installing heating, ventilation, or air conditioning systems (including insulation); and bringing public schools into compliance with fire and safety codes. In addition, School Repair and Renovation funds may be used to comply with the Americans With Disabilities Act (ADA) of 1990, §504 of the Rehabilitation Act of 1973, or for the removal and/or abatement of asbestos. School Repair and Renovation funds may also be used for the renovation, repair, and acquisition needs related to the building infrastructure of a charter school. Permissible uses of funds and critical information about supplementing/not supplanting are included in the RFA. Prior to submitting an application, each applicant must comply with certain public comment and private nonprofit school participation provisions. Information about these requirements is also included in the RFA.

Dates of Project. Applicants should plan for a starting date of no earlier than January 2, 2002, and an ending date of no later than June 30, 2003.

Project Amount. An eligible applicant may apply for not less than $10,000, but not more than $1,000,000. Based on Fiscal Year 2000 Title 1 Part A funding allotted to high poverty and rural LEAs in Texas, a directly corresponding ratio of School Repair and Renovation grant funds will be awarded on a statewide aggregate to high poverty and rural LEAs. Special consideration for these grant funds will be given to open-enrollment charter schools.

Selection Criteria. Applications will be selected so that the funding requirements of the Consolidated Appropriations Act (Public Law 106-554) are met. The selection process will take into consideration the independent reviewers' assessment of each application, the poverty level of the LEA per Title I Part A data for Fiscal Year 2000, a district's wealth per weighted average daily attendance, whether the LEA is rural, and whether the LEA is an open-enrollment charter school. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA and that are most advantageous to the project.

The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of RFA # 701-01-027 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and telephone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi for viewing and downloading.

Further Information. For clarifying information about the RFA, contact the Ellsworth Schave, Director, School Improvement Initiatives Unit, TEA, (512) 463-8525.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday, September 20, 2001, to be considered for funding.

TRD-200104136

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Filed: July 18, 2001


Request for Proposals Concerning Production of Braille Textbook Copies for Texas Public Schools

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-01-023 from nonprofit organizations, private companies, and regional education service centers to copy (i.e., emboss), bind, and deliver Braille textbook copies of textbooks that are to be adopted by the State Board of Education in November 2001 along with the ancillaries accompanying these state-adopted textbooks. Additionally, contractors will be responsible for copying and delivering Braille teacher editions of instructional materials upon demand. Historically underutilized businesses (HUBs) are encouraged to submit proposals.

Description. The purpose of this RFP is to ensure that Texas students receive quality Braille textbooks, delivered on time, at an economical price.

The adopted textbooks and ancillaries to be copied, bound, and distributed are arranged into four production packages of various sizes. These are designated Copy Packages A, B, C, and D. A Braille producer may submit a proposal for all four packages or any combination of the packages; however, the TEA reserves the right to select the number of packages contracted to each applicant. For example, all four packages could be awarded to one applicant or four applicants could be awarded one package each or any combination thereof.

Dates of Project. All services and activities related to this proposal will be conducted within specified dates. Proposers should plan for a starting date of no earlier than January 7, 2002, and an ending date of no later than August 31, 2008.

Project Amount. The project, consisting of all four production packages, will receive funding at a level not to exceed $900,000 for the first year and not to exceed $1.8 million for the entire period of adoption, normally six years.

Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in this RFP. The TEA will base its selection on, among other things, the demonstrated competence and qualifications of the proposer, demonstrated performance on past Braille contracts between the proposer and the TEA, Braille production capacity of the proposer, and upon the reasonableness of the proposed fee. The TEA reserves the right to select from the highest-ranking proposals those that address all requirements in the RFP and that are most advantageous to the project.

The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate TEA to award a contract or pay any costs incurred in preparing a response.

Requesting the Proposal. A complete copy of RFP #701-01-023 may be obtained by writing the: Document Control Center, Room 6- 108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFP number in your request. Provide your name, complete mailing address, and telephone number including area code.

Further Information. For clarifying information about this RFP, contact Charles E. Mayo, Division of Textbook Administration, TEA, 1701 North Congress Avenue, Austin, Texas 78701-1494; telephone (512) 463-9601; e-mail cmayo@tea.state.tx.us.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday, September 25, 2001, to be considered.

TRD-200104134

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Filed: July 18, 2001


Request for Proposals Concerning Production of Braille Textbook Masters for Texas Public Schools

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-01-022 from nonprofit organizations, private companies, and regional education service centers to produce Braille textbook masters of textbooks that are to be adopted by the State Board of Education in November 2001 along with the ancillaries accompanying these state-adopted textbooks. Contractors will be responsible for producing Braille masters of additional instructional materials upon demand. Historically underutilized businesses (HUBs) are encouraged to submit proposals.

Description. The purpose of this RFP is to ensure that Texas students receive quality Braille textbooks, delivered on time, at an economical price.

The adopted textbooks and ancillaries to be brailled are arranged into four production packages of various sizes. These are designated Master Packages A, B, C, and D. A Braille producer may submit a proposal for all four packages or any combination of the packages; however, the TEA reserves the right to select the number of packages contracted to each applicant. For example, all four packages could be awarded to one applicant or four applicants could be awarded one package each or any combination thereof.

Proposers selected for contracts will be responsible for producing Braille masters of instructional materials designated in this RFP. Contractors will be responsible for producing Braille masters of additional instructional materials upon request, including teacher editions.

Dates of Project. All services and activities related to this RFP will be conducted within specified dates. Proposers should plan for a starting date of no earlier than January 7, 2002, and an ending date of no later than August 31, 2008.

Project Amount. The project's overall estimated cost, consisting of all four production packages, will not exceed $1.5 million for the first year and not exceed $2.5 million for the entire period of adoption, normally six years.

Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in this RFP. The TEA will base its selection on, among other things, the demonstrated competence and qualifications of the proposer, demonstrated performance on past Braille contracts between the proposer and the TEA, Braille production capacity of the proposer, and on the reasonableness of the proposed fee. The TEA reserves the right to select from the highest-ranking proposals those that address all requirements in the RFP and that are most advantageous to the project.

The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate TEA to award a contract or pay any costs incurred in preparing a response.

Requesting the Proposal. A complete copy of RFP #701-01-022 may be obtained by writing the: Document Control Center, Room 6- 108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFP number in your request. Provide your name, complete mailing address, and telephone number including area code.

Further Information. For clarifying information about this RFP, contact Charles E. Mayo, Division of Textbook Administration, TEA, 1701 North Congress Avenue, Austin, Texas 78701-1494; telephone (512) 463-9601; e-mail cmayo@tea.state.tx.us.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday, September 25, 2001, to be considered.

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-01-022 from nonprofit organizations, private companies, and regional education service centers to produce Braille textbook masters of textbooks that are to be adopted by the State Board of Education in November 2001 along with the ancillaries accompanying these state-adopted textbooks. Contractors will be responsible for producing Braille masters of additional instructional materials upon demand. Historically underutilized businesses (HUBs) are encouraged to submit proposals.

Description. The purpose of this RFP is to ensure that Texas students receive quality Braille textbooks, delivered on time, at an economical price.

The adopted textbooks and ancillaries to be brailled are arranged into four production packages of various sizes. These are designated Master Packages A, B, C, and D. A Braille producer may submit a proposal for all four packages or any combination of the packages; however, the TEA reserves the right to select the number of packages contracted to each applicant. For example, all four packages could be awarded to one applicant or four applicants could be awarded one package each or any combination thereof.

Proposers selected for contracts will be responsible for producing Braille masters of instructional materials designated in this RFP. Contractors will be responsible for producing Braille masters of additional instructional materials upon request, including teacher editions.

Dates of Project. All services and activities related to this RFP will be conducted within specified dates. Proposers should plan for a starting date of no earlier than January 7, 2002, and an ending date of no later than August 31, 2008.

Project Amount. The project's overall estimated cost, consisting of all four production packages, will not exceed $1.5 million for the first year and not exceed $2.5 million for the entire period of adoption, normally six years.

Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in this RFP. The TEA will base its selection on, among other things, the demonstrated competence and qualifications of the proposer, demonstrated performance on past Braille contracts between the proposer and the TEA, Braille production capacity of the proposer, and on the reasonableness of the proposed fee. The TEA reserves the right to select from the highest-ranking proposals those that address all requirements in the RFP and that are most advantageous to the project.

The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate TEA to award a contract or pay any costs incurred in preparing a response.

Requesting the Proposal. A complete copy of RFP #701-01-022 may be obtained by writing the: Document Control Center, Room 6- 108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFP number in your request. Provide your name, complete mailing address, and telephone number including area code.

Further Information. For clarifying information about this RFP, contact Charles E. Mayo, Division of Textbook Administration, TEA, 1701 North Congress Avenue, Austin, Texas 78701-1494; telephone (512) 463-9601; e-mail cmayo@tea.state.tx.us.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday, September 25, 2001, to be considered.

TRD-200104133

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Filed: July 18, 2001


Request for Proposals Concerning Production of Large Type Textbooks for Texas Public Schools

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-01-024 from nonprofit organizations, private companies, and regional education service centers to produce large type versions of textbooks that are to be adopted by the State Board of Education in November 2001. Historically underutilized businesses (HUBs) are encouraged to submit proposals.

Description. The purpose of this RFP is to ensure that Texas students receive quality large type textbooks, delivered on time, at an economical price.

The proposer selected for the contract will be responsible for producing large type versions of instructional materials designated in this RFP. The adopted textbooks to be enlarged are arranged into a single production package.

Dates of Project. All services and activities related to this proposal will be conducted within specified dates. Proposers should plan for a starting date of no earlier than January 7, 2002, and an ending date of no later than August 31, 2008.

Project Amount. One contractor will be selected to receive a maximum of $1 million during the contract period.

Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in this RFP. Proposers will be asked to submit samples of their work. The TEA will base its selection on, among other things, the demonstrated competence and qualifications of the proposers. The TEA reserves the right to select from the highest-ranking proposals those that address all requirements in this RFP.

The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate TEA to award a contract or pay any costs incurred in preparing a response.

Requesting the Proposal. A complete copy of RFP #701-01-024 may be obtained by writing the: Document Control Center, Room 6- 108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFP number in your request. Provide your name, complete mailing address, and telephone number including area code.

Further Information. For clarifying information about this RFP, please contact Charles E. Mayo, Division of Textbook Administration, TEA, 1701 N. Congress Avenue, Austin, Texas 78701; telephone (512) 463-9601; e-mail cmayo@tea.state.tx.us.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday, September 18, 2001, to be considered.

TRD-200104135

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Filed: July 18, 2001


Request for Proposals Concerning Texas Permanent School Fund Investment Management Services High Yield Fixed Income Style

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-01-029 from qualified investment management companies to provide services to manage high yield fixed income portfolios. Historically underutilized businesses (HUBs) are encouraged to submit a proposal.

Description. The purpose of this RFP is to solicit information that will aid the State Board of Education (SBOE) in selecting an investment management company to provide the following investment management services. The investment management company will: (1) manage a discretionary investment of a domestic high yield fixed income style portfolio for the Permanent School Fund (PSF), with Salomon High Yield Cash Pay Index serving as the benchmark for this portfolio; (2) discharge duties solely in the interests of the PSF's beneficiaries and with the judgment, care, skill, prudence, and diligence that an expert would use in a similar situation; and (3) adhere to all applicable sections of 19 Texas Administrative Code, Chapter 33, Statement of Investment Policy, Objectives, and Guidelines; all applicable sections of the Investment Procedures Manual; and all applicable state and federal laws.

Dates of Project. Proposers should plan for a starting date of no earlier than September 7, 2001, or such time as the SBOE approves a contract. The ending date of the contract will be subject to a 30-day cancellation clause.

Project Amount. The total amount of the contract is subject to a negotiated bid.

Selection Criteria. A contract will be awarded based on an evaluation of the proposer's ability to provide the requested services; the demonstrated competence and qualifications of the proposer; and the reasonableness of the proposed fee.

The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit the TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate the TEA or the SBOE to award a contract or pay any costs incurred in preparing a response.

Requesting the Proposal. A complete copy of RFP #701-01-029 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; by e-mailing dcc@tea.state.tx.us; or by accessing the TEA website at http://www.tea.state.tx.us/grant/announcement/grants2.cgi under the "Grants Available" drop-down menu. Please refer to the RFP number in your request.

Further Information. For clarifying information about the RFP, contact Paul Ballard, Texas Permanent School Fund, Texas Education Agency, (512) 463-9169.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Tuesday, August 7, 2001, to be considered.

TRD-200104137

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Filed: July 18, 2001


Texas Department of Health

Licensing Actions for Radioactive Materials

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TRD-200104140

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 18, 2001


Notice of Emergency Cease and Desist Order on Brownwood Regional Hospital

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Brownwood Regional Hospital (registrant-R01329) of Brownwood to cease and desist performing chest (PA) (Non-Grid) procedures with the Fischer x-ray unit (Model Number RME325; Serial Number 1-03- 96-706) at its Rising Star location until the exposure at skin entrance is within regulatory limits. The bureau determined that continued radiation exposure to patients in excess of that required to produce a diagnostic image constitutes an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until the bureau authorizes the registrant to perform the procedure.

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, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200104126

Susan Steeg

General Counsel

Texas Department of Health

Filed: July 17, 2001


Notice of Emergency Cease and Desist Order on Denton Prescription Shop, Inc., dba Community Pharmacy

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Denton Prescription Shop, Inc., doing business as Community Pharmacy (registrant-R25083) of Denton to cease and desist performing bone density screening until approval has been obtained from the bureau. The bureau determined that conducting a bone density screening program without prior approval and operating without approved criteria for selecting persons eligible for screening may expose members of the public to unnecessary radiation. This constitutes an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until the bureau authorizes the registrant to perform the screening program.

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, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200104124

Susan Steeg

General Counsel

Texas Department of Health

Filed: July 17, 2001


Notice of Emergency Cease and Desist Order on Walter N. Gaman, M.D., dba Healthcare Associates of Irving, L.L.P.

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Walter N. Gaman, M.D., doing business as Healthcare Associates of Irving, L.L.P. (registrant-R17503) of Irving to cease and desist performing cardiac healing arts screening until approval has been obtained from the bureau. The bureau determined that conducting a cardiac screening program without prior approval and operating without approved criteria for selecting persons eligible for screening may expose members of the public to unnecessary radiation. This constitutes an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until the bureau authorizes the registrant to perform the screening program.

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, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200104125

Susan Steeg

General Counsel

Texas Department of Health

Filed: July 17, 2001


Notice of Emergency Order on Ray Roquemore and Allen Inspection Service

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Ray Roquemore and Allen Inspection Service (licensee-L03003, expired) of Odessa to immediately allow bureau representatives to impound all sources of radiation located at Adcock Pipe and Supply in Alice. The bureau determined that continued unauthorized possession of sources of radiation, without assurances that the sources will be properly secured and handled, is a potential threat to public health and safety.

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, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200104122

Susan Steeg

General Counsel

Texas Department of Health

Filed: July 17, 2001


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on ACD-SA Limited

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to ACD-SA Limited (registrant-R24088) of Austin. A total penalty of $5,000 is proposed to be assessed to the registrant for an alleged violation of 25 Texas Administrative Code, §289.226.

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, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200104127

Susan Steeg

General Counsel

Texas Department of Health

Filed: July 17, 2001


Notice of Public Hearing for Proposed Rule Concerning the Deinstitutionalization of Children from Nursing Facilities into the Medically Dependent Children Program (MDCP)

A public hearing will be held by the Texas Department of Health (department) on July 30, 2001, at 1:30 P.M. in the Lecture Hall (Room K-100) of Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, to accept comments in regard to the proposed rule relating to the deinstitutionalization of children from nursing facilities into the MDCP. The proposed amendment for 25 Texas Administrative Code, §34.3, was published in the July 13, 2001, issue of the Texas Register (26 TexReg 5197).

Additional comments will be accepted by the department at the public hearing held on July 30, 2001. Questions or additional information may be directed to Lori Roberts, Acting Program Director, MDCP, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7111, Ext. 6472.

TRD-200104138

Susan Steeg

General Counsel

Texas Department of Health

Filed: July 18, 2001


Notice of Revocation of the Industrial Radiographer Identification Card of Steve Cagle

The Texas Department of Health, having duly filed a complaint pursuant to 25 Texas Administrative Code, §289.205, has revoked the following industrial radiographer identification card: Steve Cagle, c/o Technical Welding Laboratory, Inc., Pasadena, Texas, Industrial Radiographer Identification Card audit number 000455, July 10, 2001.

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, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200104123

Susan Steeg

General Counsel

Texas Department of Health

Filed: July 17, 2001


Request for Proposals for Prevention of Hepatitis C Virus

Purpose

The Texas Department of Health (department), HIV/STD Health Resources Division, is requesting proposals to conduct prevention activities to help prevent infection and reduce the transmission of hepatitis C virus (HCV) and other blood borne pathogens. This is a competitive Request for Proposals (RFP) process. Criteria for the award of the projects will be published in the RFP.

Major project activities must include:

(1) individual-level counseling for persons at risk of HIV/STD/Viral Hepatitis infection due to individual sexual behavior, drug use, or other risk behaviors;

(2) confidential HCV testing program with referrals to other testing and treatment services as appropriate. Testing for HCV will be provided only to persons recognized as high-risk for HCV infection; and

(3) referral for persons at high risk for HCV infection and persons with HCV infection, including substance abuse treatment, medical care, mental health services, support groups, and other relevant services.

Eligibility

Applicants must be current providers of department-funded HIV prevention counseling and partner elicitation services.

Funding Available

Approximately $476,000 in state funds is expected to be available. The department expects to fund one or more projects in each of the 11 public health regions with a 12-month budget. The average budget amounts will range from $31,000 to 43,000. The specific dollar amount to be awarded will depend upon the merit and scope of the proposed project.

Contact Information

Interested parties may obtain a copy of the RFP at the website: http://www.tdh.state.tx.us/hivstd/grants/default.htm; or, contact Laura Ramos at 512/490-2525 or by e-mail at laura.ramos@tdh.state.tx.us. No copies of the RFP will be released prior to August 20, 2001. Proposals will be due October 22, 2001. Request document number 0025.

TRD-200104139

Susan Steeg

General Counsel

Texas Department of Health

Filed: July 18, 2001


Texas Health and Human Services Commission

Notice of Public Hearing

The Texas Health and Human Services Commission (HHSC) and the Texas Interagency Council on Early Childhood Intervention (ECI) will conduct a joint public hearing to receive public comment on proposed payment rates for ECI Developmental Rehabilitation Services. The joint hearing will be held in compliance with 1 T.A.C. §355.105(g), which requires public hearings on proposed payment rates for medical assistance programs. The public hearing will be held on August 17, 2001, at 1:30 PM, Central Time, in Room 1430 at the Brown-Heatly Building, at 4900 North Lamar, Austin, Texas. Written comments regarding the payment rate set by the Health & Human Services Commission may be submitted in lieu of testimony until 5:00 PM the day of the hearing. Written comments may be delivered by U.S. mail or express delivery to the attention of Ms. Barbara Tejero, Texas Health and Human Services Commission, P.O. Box 13247, Austin, Texas 78711. Hand deliveries will be accepted at 4900 North Lamar Boulevard, Fourth Floor, Austin, Texas 78751. Alternatively, written comments may be delivered via facsimile to Ms. Tejero at (512) 424-6586. Interested parties may request to have a briefing package with information concerning the proposed payment rates mailed to them, or they may pick up a briefing package on or after August 6, 2001 by contacting Glenn Hart, Texas Interagency Council on Early Childhood Intervention, 4900 North Lamar Boulevard, Austin, Texas 78751, (512) 424-6830, Fax: (512) 424-6834, or e-mail at Glenn.Hart@eci.state.tx.us.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Glenn Hart, Texas Interagency Council on Early Childhood Intervention, 4900 North Lamar Boulevard, Austin, Texas 78751, at (512) 424-6830, Fax: (512) 424-6834, or e-mail at Glenn.Hart@eci.state.tx.us.,by August 10, 2001, so that appropriate arrangements can be made.

TRD-200104143

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: July 18, 2001


Texas Department of Housing and Community Affairs

Notice of Administrative Hearing

Manufactured Housing Division

Thursday, August 2, 2001, 1:00 p.m.

State Office of Administrative Hearings, 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 the complaint of the Texas Department of Housing and Community Affairs vs. Henry L. Van Zyl regarding denial of a license pursuant to Sections 7(j)(8) and 7(k) of the Act and Section 80.123(j) of the Rules. SOAH 332-01-3396. Department MHD2001001618RH.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-2894, jschroed@tdhca.state.tx.us

TRD-200104023

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs Manufactured Housing Division

Filed: July 12, 2001


Notice of Public Hearing for the Low Income Home Energy Assistance Program

On or about October 1, 2001, the Texas Department of Housing and Community Affairs (TDHCA) anticipates receiving federal funds to continue the operation of certain programs that assist very low-income Texans. The Department is now in the process of deciding how these funds will be used and is seeking the input of groups affected by these programs and/or other interested citizens.

As part of the public information consultation and public hearing requirements for the Low Income Home Energy Assistance Program, the Community Affairs Division of the Texas Department of Housing and Community Affairs (TDHCA) will conduct one public hearing. The primary purpose of the hearing is to solicit comments on the proposed use and distribution of federal fiscal year (FFY) 2002 funds provided under the Low Income Home Energy Assistance Program (LIHEAP). LIHEAP provides funding for the Weatherization Assistance Program (WAP) and the Comprehensive Energy Assistance Program (CEAP).

The public hearing has been scheduled as follows:

Thursday, August 16, 2001, 2:00 p.m. in Room #1 at the Carver Library, 1161 Angelina Street, Austin, Texas.

A representative from TDHCA will be present to explain the planning process and receive comments from interested citizens and affected groups regarding the proposed plan. A copy of the Intended Use Report may be obtained by contacting the Texas Department of Housing and Community Affairs, Energy Assistance Section, P. O. Box 13941, Austin, Texas 78711-3941. A copy of the report may also be accessed through TDHCA's web site at www.tdhca.state.tx.us. For questions, contact the Energy Assistance Section, Community Affairs Division at (512) 475-1435.

Comments on the intended use of funds may be in the form of written comments or oral testimony at the public hearing. Written comments must be received no later than the close of business at 5:00 p.m. on August 22, 2001. Comments concerning the Intended Use Report may be submitted to Lolly Caballero at TDHCA using the address provided above, or via the internet using lcaballe@tdhca.state.tx.us, or by fax to (512) 475-3935. If you have any questions regarding the public hearing process or any of the programs referenced above, please contact the Energy Assistance Section at (512) 475-1435.

Individuals who require auxiliary aids or services for this meeting should contact Ms. Gina Esteves at (512) 475-3943 or Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200104113

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: July 17, 2001


Texas Department of Human Services

Announcement of Available Funds and Request for Proposals

SUMMARY: The Texas Department of Human Services (DHS) is pleased to announce the availability of funding for outreach, referral, and social services for individuals who have been granted asylum under Refugee Social Service funds from the federal Office of Refugee Resettlement (ORR) in the Department of Health and Human Services. The Code of Federal Regulations (CFR) 45, Parts 400 and 401, give the state the authority to contract with public and private agencies for the provision of refugee social services. In Texas, DHS is the single state agency responsible for the administration of the Refugee Social Services program. Within DHS, the Office of Immigration and Refugee Affairs is the entity responsible for the direct management of the Refugee Social Services program.

The refugee program provides service through local contracts in areas of the state with the largest number of refugee arrivals: Amarillo, Austin, Dallas, Fort Worth, Houston, and San Antonio. Funds under this announcement are available to these areas, and also to El Paso and Rio Grande Valley areas in the amount of $215, 956 for outreach and referral services and social services for asylees.

Funds will be awarded on a competitive basis to public and private agencies that can demonstrate the greatest aptitude for effectively serving the target population: persons granted asylum to the United States under Section 208 of the Immigration and Nationality Act (INA). Eligible persons must possess original Immigration and Naturalization services (INS) documents that verify status.

APPLICATION DEADLINE: Five copies of the proposal(s) must be mailed or delivered, not faxed or electronically mailed, to: Mfon Ekpo, DHS, 701 W. 51st Street, P.O. Box 149030, Mail Code W-623, Austin, Texas 78714-9030. Proposals must be received no later than 5:00 p.m. CDT on August 31, 2001. Proposals received after this date/time, faxed or electronically mailed, will not be considered.

PROPOSAL EVALUATION AND FUNDING AWARD: The final selection of contractors shall be made by representatives of the Office of Immigration and Refugee Affairs, in accordance with applicable state and federal laws. The evaluation criteria and scores for each are contained on the Request for Proposal (RFP) document. A copy of the RFP will be sent to you upon written request submitted to Mfon Ekpo at the address listed above.

TRD-200104115

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: July 17, 2001


Public Notice

The Texas Department of Human Services (DHS) has published a report outlining the proposed intended use of federal block grant funds during fiscal year 2002 for Title XX social services programs administered by the Texas Department of Human Services, the Texas Department of Health, the Texas Department of Protective and Regulatory Services, the Texas Department of Mental Health and Mental Retardation, Texas Education Agency, the Texas Workforce Commission, and the Texas Interagency Council on Early Childhood Intervention.

To obtain free copies of the report, send written requests to Chris Traylor, Government Relations Division, Mail Code W-623, DHS, P.O. Box 149030, Austin, Texas 78714-9030. DHS is seeking written comments from representatives of both public and private sectors regarding the proposed use of Title XX block grant funds. Written comments will be accepted for 30 days. Please mail comments to the address listed previously.

TRD-200104116

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: July 17, 2001


Texas Department of Insurance

Insurer Services

Application for admission to the State of Texas by Service Insurance Company, a foreign Fire and/or Casualty company. The Home office is in Bradenton, Florida.

Any objections must be filed with the Texas Department of Insurance, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-200104141

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 18, 2001


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Liberty Mutual Fire Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percent of +30% for Bodily Injury, Property Damage, Personal Injury Protection, Medical Payments, and Uninsured Motorists, and +56% for Comprehensive and Collision coverages for their LibertyGuard Personal Automobile Policy program. This overall rate change is +8.1%.

Copies of the filing may be obtained by contacting George Russell, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 305-7468.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by August 10, 2001.

TRD-200104092

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 16, 2001


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Liberty Insurance Corporation proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percent of +30% for Uninsured Motorists; +95.4% for Bodily Injury, Property Damage, Personal Injury Protection, and Medical Payments; and +130.8% for Comprehensive and Collision coverages for their LibertyGuard Personal Automobile Policy program. This overall rate change is +14.6%.

Copies of the filing may be obtained by contacting George Russell, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 305-7468.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by August 10, 2001.

TRD-200104093

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 16, 2001


Texas Lottery Commission

Instant Game No. 262 "Yellow Rose of Texas"

1.0 Name and Style of Game.

A. The name of Instant Game No. 262 is "YELLOW ROSE OF TEXAS". The play style is a "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 262 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 262.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $300, $1,000, $3,000, $20,000 and ROSE SYMBOL.

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

Table 1 of this section Figure 1:16 TAC GAME NO. 262 - 1.2D

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Table 2 of this section. Figure 2:16 TAC GAME NO. 262 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

G. Low-Tier Prize - A prize of $2.00, $4.00, $8.00, $10.00, or $20.00.

H. Mid-Tier Prize - A prize of $50.00, $100, or $300.

I. High-Tier Prize - A prize of $3,000 or $20,000.

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

K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the three (3) digit game number (262), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 262-0000001-000.

L. Pack - A pack of "YELLOW ROSE OF TEXAS" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 000-001 will be on the top page. Tickets 002-003 will be on the next page and so forth and ticket 248-249 will be on the last page.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "YELLOW ROSE OF TEXAS" Instant Game No. 262 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "YELLOW ROSE OF TEXAS" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty two) play symbols. If any of the player's YOUR NUMBERS match either LUCKY NUMBER, the player will win the PRIZE shown for that number. If the player gets a ROSE SYMBOL, the player will win that prize automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 22 (twenty two) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 22 (twenty two) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 22 (twenty two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 22 (twenty two) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot..

B. No duplicate non-winning Your Number play symbols on a ticket.

C. No duplicate non-winning prize symbols on a ticket .

D. No duplicate Lucky Number symbols on a ticket.

E. The auto win symbol will never appear more than once on a ticket.

F. The auto win symbol will appear only on intended winning tickets.

2.3 Procedure for Claiming Prizes.

A. To claim a "YELLOW ROSE OF TEXAS" Instant Game prize of $2.00, $4.00, $8.00, $10.00, $20.00, $50.00, $100, or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "YELLOW ROSE OF TEXAS" Instant Game prize of $3,000 or $20,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 20,359,250 tickets in the Instant Game No. 262. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 262- 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 262 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 262, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200104103

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 16, 2001


Texas Natural Resource Conservation Commission

Extension of Comment Period

In the June 8, 2001 issue of the Texas Register , the Texas Natural Resource Conservation Commission (commission) published proposed amendments to 30 TAC Chapter 39, Public Notice; and 30 TAC Chapter 305, Consolidated Permits (26 TexReg 4019, 26 TexReg 4042). The preamble to the proposal stated that the commission must receive all written comments by 5:00 p.m., July 9, 2001. The commission has extended the deadline for receipt of written comments to 5:00 p.m., August 17, 2001 for this proposal.

Written comments should be mailed to Joyce Spencer, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. For further information on the proposed revisions, please contact Hector Mendieta at (512) 239-6694. Copies of the proposed amendments can be obtained from the commission's Web Site at www.tnrcc.state.tx.us/oprd/rules/propadop.html .

TRD-200104111

Ramon Dasch

Acting Division Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 17, 2001


Notice of Finalization of a Restoration Plan/Environmental Assessment for Ecological Injuries and Services Losses at the Tex Tin Corporation Superfund Site

AGENCIES: Texas Natural Resource Conservation Commission (commission), Texas Parks and Wildlife Department (TPWD), Texas General Land Office (GLO), United States Department of the Interior (DOI), and National Oceanic and Atmospheric Administration (NOAA) (hereafter, Trustees).

ACTION: Notice of the finalization of the Restoration Plan and Environmental Assessment (RP/EA) for ecological injuries and service losses associated with the Tex Tin Corporation Superfund Site (Site).

SUMMARY: Notice is hereby given that a document entitled "Restoration Plan and Environmental Assessment for the Tex Tin Corporation Superfund Site, Texas City, Galveston County, Texas" is finalized. This document has been prepared by the state and federal natural resource trustee agencies listed above to address natural resource injuries and resource services losses of an ecological nature attributable to releases of hazardous substances from the Tex Tin Corporation Superfund Site (Site). The RP/EA presents the Trustees' assessment of the natural resource injuries and service losses attributable to the Site and their plan to compensate for those losses by restoring ecological resources and services.

To receive a copy of the final RP/EA, interested members of the public are invited to contact Richard Seiler, Texas Natural Resource Conservation Commission, Remediation Division, MC 142, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2523 or (512) 239-4814 (fax).

SUPPLEMENTARY INFORMATION: The Site is located in Texas City, Galveston County, Texas and encompasses areas of releases of hazardous substances from the Site due to previous industrial activities there. The United States Government, acting through now defunct wartime agencies, commissioned the construction of a tin smelting plant at the Site in support of World War II activities. The plant was operated under government contract between 1941 and 1956. Wah Chang Corporation bought the plant in 1957 and operated the tin smelter for 11 years. Teledyne Corporation purchased Wah Chang Corporation in 1967. In 1968, Teledyne sold the smelter to Fred H. Lenway Corporation, which sold the eastern portion of the Site to Amoco Chemical Company in 1969. Gulf Chemical and Metallurgical Company purchased the smelting plant from Lenway in 1970. In 1978, Associated Metals and Minerals Corporation purchased Gulf Chemical. The portion of the Site controlled by Associated Metals and Minerals Corporation was acquired by Tex Tin Corporation in 1985. Tex Tin Corporation continued operations at the Site into the early 1990s.

At various times, industrial activities at the Site have included tin ore processing, acid recovery operations, heavy metals recovery, copper washing operations using ammonia, secondary copper smelting, land filling of low-level radioactive materials, and still bottom and waste oil recovery. The Tex Tin smelter complex included a processing area, a small power-generation station, fuel oil tanks, acid tanks, five wastewater treatment ponds, several large abandoned acid ponds, a ferric chloride pond, and numerous slag piles and drums.

The trace metals of aluminum, antimony, arsenic, barium, beryllium, cadmium, chromium, cobalt, copper, iron, lead, manganese, mercury, nickel, silver, tin, vanadium, and zinc are the primary contaminants at the Site. Polycyclic aromatic hydrocarbons, volatile and semivolatile organic compounds, and polychlorinated biphenyls have been detected at the Site but not at levels as high relative to the level of contamination of trace metals.

TPWD, GLO, NOAA, DOI and the commission are designated natural resource trustees under §107(f) of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 USC §9607(f); §311 of the Federal Water Pollution and Control Act, 33 USC §1321; and other applicable federal or state laws, including Subpart G of the National Oil and Hazardous Substances Pollution Contingency Plan, 40 CFR §§300.600 - 300.615. The Trustees are authorized to act on behalf of the public under these authorities to protect and restore natural resources injured or lost as a result of discharges or releases of hazardous substances.

Paralleling the Remedial Investigation/Feasability Study process for the Site conducted by the United States Environmental Protection Agency (EPA), the Trustees undertook an assessment of the natural resource injuries and service losses attributable to hazardous substances at the Site. The assessment focused on natural resource injuries or services losses of an ecological nature caused by the hazardous substances at the Site based on known contamination and anticipated response actions.

The RP/EA released today identifies the information and methods used to define the natural resource injuries and losses of an ecological nature, including the scale of restoration actions, and identifies the restoration actions which are preferred for use to restore, replace, or acquire resources or services equivalent to those lost. The document also includes an evaluation of the resource injuries and remaining ecological losses, including their corresponding restoration requirements, based on EPA's anticipated final remedy.

For further information, contact Richard Seiler at (512) 239-2523 or email rseiler@tnrcc.state.tx.us .

TRD-200104031

Ramon Dasch

Acting Division Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 13, 2001


Notice of Non-Adjudicatory Public Hearing

The Texas Natural Resource Conservation Commission (TNRCC or Commission) has made available for public comment a draft implementation plan concerning the following legacy pollutants: chlordane, DDE, and toxaphene in the Arroyo Colorado above tidal and polychlorinated biphenyls (PCBs) in the Donna Canal and Reservoir System. Both water bodies are located in the Lower Rio Grande Valley, in South Texas. The TNRCC will also conduct a non-adjudicatory public hearing to receive comments on the implementation plan.

The Arroyo Colorado above tidal and the Donna Canal and Reservoir system are included in the State of Texas Clean Water Act, §303(d), List of impaired water bodies. As required by §303(d) of the federal Clean Water Act, Total Maximum Daily Loads (TMDLs) were developed for chlordane, DDE, toxaphene, and PCBs. The TMDLs were adopted by the Commission on January 17, 2001 as updates to the State Water Quality Management Plan. Upon adoption by the Commission, the TMDLs were submitted to the United States Environmental Protection Agency for review and approval.

A non-adjudicatory public hearing will be held in Weslaco, on August 23, 2001, at 7:00 p.m., at the Weslaco Public Library in the Meeting Room, located at 525 South Kansas Avenue. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the matter 30 minutes prior to the hearing and will answer questions before and after the hearing. The purpose of the public hearing is to provide the public an opportunity to comment on the proposed plan. The Commission requests comment on each of the six major components of the implementation plan: description of Control Actions and Management Measures, Legal Authority, Implementation Schedule, Follow-up Monitoring Plan, Reasonable Assurance, and Measurable Outcomes. After the public comment period, TNRCC staff may revise the implementation plan, if appropriate. The final implementation plan will then be considered for approval by the Commission. Upon approval of the implementation plan by the Commission, the final implementation plan and a response to public comments will be made available on the TNRCC web site at http://www.tnrcc.state.tx.us/water/quality/tmdl . The implementation plan is a flexible tool that the governmental and non-governmental agencies involved in TMDL implementation will use to guide their program management.

Written comments should be submitted to Joyce Spencer, Texas Natural Resource Conservation Commission, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas, 78711-3087 or faxed to (512) 239-4808. All comments must be received by 5:00 p.m., August 27, 2001, and should reference 2001-0631-TML. For further information regarding this proposed TMDL implementation plan, please contact Roger Miranda, Office of Environmental Policy, Analysis, and Assessment, at (512) 239-6278. Copies of the document summarizing the proposed TMDL implementation plan can be obtained via the Commission's web site listed above, or by calling Joyce Spencer at (512) 239-5017.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-200104110

Ramon Dasch

Acting Division Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 17, 2001


Notice of Public Hearing

In accordance with the requirements of Texas Government Code, Chapter 2001, Subchapter B, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive comments concerning amendments to 30 TAC Chapter 39, Public Notice, and 30 TAC Chapter 305, Consolidated Permits. The proposed amendments were published in the June 8, 2001 issue of the Texas Register (26 TexReg 4019, 26 TexReg 4042).

The proposed revisions to Chapter 39 pertain to requirements and procedures for notification of property owners adjacent to a municipal solid waste landfill or processing facility when a modification to the permit or registration is requested by the permit or registration holder. The proposed revisions to Chapter 305 consist of the repeal of the existing rule concerning Municipal Solid Waste Class I Modifications and its replacement with a new rule identifying more specifically the changes which can be made to permits and registrations through the modification process and which ones would require notification to adjacent property owners.

A public hearing on these proposals will be held in Austin on August 17, 2001 at 10:00 a.m. at the commission's central office, Building E, Room 201S, located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the Office of Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests should be made as far in advance as possible.

Written comments may be submitted to Joyce Spencer, MC-205, TNRCC, Office of Environmental Policy, Analysis, and Assessment, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239- 4808. All comments should reference Rule Log Number 1997-186-305-WS. Comments must be received by 5:00 p.m., August 17, 2001. For further information, please contact Hector Mendieta, Policy and Regulations Division, (512) 239-6694.

TRD-200104112

Ramon Dasch

Acting Division Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 17, 2001


Notice of Public Hearing on the Publication of a State Registry

The Texas Natural Resource Conservation Commission (TNRCC or commission) is required under the Texas Solid Waste Disposal Act, Health and Safety Code, Chapter 361, as amended (the Act), to annually publish a state registry that identifies facilities that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The most recent registry listing of these facilities was published in the May 18, 2001 issue of the Texas Register (26 TexReg 3660-3661).

Pursuant to §361.184(a), the commission must publish a notice of intent to list a facility on the state registry of state Superfund sites in the Texas Register and in a newspaper of general circulation in the county in which the facility is located. With this publication, the TNRCC hereby gives notice of a facility or area that the executive director has determined eligible for listing, and which the executive director proposes to list on the state registry. By this publication, the TNRCC also gives notice pursuant to the Act, §361.1855, that it proposes a land use other than residential as appropriate for the facility identified below. The TNRCC proposes a commercial/industrial land use designation. Determination of appropriate land use may impact the remedial investigation and remedial action for the site.

This publication also specifies the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the executive director. This notice of intent to list this facility was also published on July 27, 2001, in the Corsicana Daily Sun .

The facility proposed for listing is the Melton Kelly Property, located on County Road 3250, near Chatfield, Navarro County, Texas. The geographic coordinates of the site are 32 degrees 17 minutes 13 seconds North Latitude and 96 degrees 22 minutes 12 seconds West Longitude. The description of the site (release) is based on information available at the time the site was evaluated with the Hazard Ranking System (HRS). The HRS is the principal screening guide used by the TNRCC to evaluate potential, relative risk to public health and the environment from releases or threatened releases of hazardous substances. The description may change as additional information is gathered on the sources and extent of contamination.

The Melton Kelly Property Site (Site) is located in a rural, agricultural area, approximately four miles northeast of Chatfield, Texas. The site is located on a 46-acre tract of pastureland and consists of three identifiable burn areas that were used for metal salvage operations. On or before February 1, 1994, salvage material (insulated copper wire, tubing, electrical parts, switches, and circuit cards, etc.) was transported to the site, placed in piles, and burned using automobile tires to ignite the debris. Recoverable metals were removed from the ash piles and presumably sold for salvage value. Remaining scrap and ash-like wastes were left in place.

In April 1999, the TNRCC conducted a Screening Site Inspection (SSI) sampling event at the Site. The primary objective of this event was to document the release(s) or potential release(s) of hazardous substances from the Site to the shallow groundwater in the area and surface waters flowing from the Site. During the SSI, five composite soil/sediment samples were collected from the three burn areas to assess remaining soil contamination. The sampling results showed high levels of inorganics, semi-volatiles, and pesticides in the surface and sediment soils.

A public meeting will be held on Thursday, August 30, 2001, at 7:00 p.m. at the Chatfield Community Center, located in the community of Chatfield on FM 1603 approximately 5-1/2 miles east of IH-45. The purpose of this meeting is to obtain additional information regarding the Site relative to its eligibility for listing on the state registry, identify additional potentially responsible parties, and obtain public input and information regarding the appropriate use of land on which the facility subject of this notice is located. The public meeting will be legislative in nature and not a contested case hearing under the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001).

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m. August 30, 2001, and should be sent in writing to Alvie L. Nichols, Texas Natural Resource Conservation Commission, Superfund Cleanup Section, Remediation Division, MC-143, P. O. Box 13087, Austin, Texas, 78711- 3087. The public comment period for this action will end at the close of the public meeting of August 30, 2001.

The executive director of the TNRCC prepared a brief summary of the commission's records regarding this Site. This summary and a portion of the records for this Site, including documents pertinent to the executive director's determination of eligibility, are available for review at the Corsicana Public Library, 100 North 12th Street, Corsicana, Texas 75110; at (903) 654-4810, during regular business hours. Copies of the complete public record file may be obtained during regular business hours at the TNRCC Records Management Center, Building D, Room 190, 12100 Park 35 Circle, Austin, Texas 78753; at (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Handicapped parking is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

TRD-200104002

Ramon Dasch

Acting Division Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 12, 2001


Notice of Request for Public Comment and a Non-Adjudicatory Public Hearing for a Total Maximum Daily Load for Dissolved Oxygen in Salado Creek and Update to the State Water Quality Management Plan

The Texas Natural Resource Conservation Commission (TNRCC or commission) has made available for public comment a draft Total Maximum Daily Load (TMDL) concerning dissolved oxygen in Salado Creek, Bexar County. Texas is required to develop TMDLs for impaired water bodies under §303(d) of the 1972 Federal Clean Water Act. A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads to restore and maintain an impaired water body's designated uses.

The TNRCC will conduct a non-adjudicatory public hearing on this TMDL in San Antonio, Texas, on August 23, 2001, at 7:00 p.m., at the San Antonio River Authority, Board Room, 100 E. Gunther. The purpose of the public hearing is to provide the public an opportunity to comment on this proposed TMDL. The commission requests comment on each of the six major components of the TMDL: Problem Definition, Endpoint Identification, Source Analysis, Linkage Between Sources and Receiving Waters, Margin of Safety, and Loading Allocations. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the matter 30 minutes prior to the hearing and after the hearing. After the public comment period closes, TNRCC staff may revise the TMDL, if appropriate. The final TMDL will then be brought to the commission for adoption. Upon adoption of the TMDL by the commission, the final TMDL and a response to all comments will be made available on the TNRCC Web Site referenced below. This TMDL will then be submitted to the Environmental Protection Agency Region 6 for approval as an update to the State of Texas Water Quality Management Plan.

Written comments should be submitted to Patricia Durón, TNRCC Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas, 78711-3087 or faxed to (512) 239-4808. All comments must be received by 5:00 p.m., August 27, 2001, and should reference Rule Log Number 2001-0784-TML. For further information regarding this proposed TMDL, please contact Arthur Talley, Office of Environmental Policy, Analysis, and Assessment, (512) 239-4546. Copies of the document summarizing this proposed TMDL can be obtained via the commission's web site at http://www.tnrcc.state.tx.us/water/quality/tmdl , or by calling Patricia Durón, at (512) 239-6087.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-200104106

Ramon Dasch

Acting Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 17, 2001


Notice of Request for Public Comment and a Non-Adjudicatory Public Hearing for an Implementation Plan to Address Chlordane in Clear Creek

The Texas Natural Resource Conservation Commission (TNRCC or commission) has made available for public comment a draft implementation plan concerning chlordane in fish tissue in portions of Clear Creek in Harris, Galveston, Fort Bend, and Brazoria Counties, Texas. The TNRCC will also conduct a non-adjudicatory public hearing to receive comments on the implementation plan.

Portions of the tidal and above tidal segments of Clear Creek are included in the State of Texas Clean Water Act, §303(d), List of impaired water bodies. As required by §303(d) of the federal Clean Water Act, Total Maximum Daily Loads (TMDLs) were developed for chlordane. The TMDLs were adopted by the commission on January 17, 2001 as updates to the State Water Quality Management Plan. Upon adoption by the commission, the TMDLs were submitted to the Environmental Protection Agency for review and approval.

A non-adjudicatory public hearing will be held in Friendswood, on August 14, 2001, at 7:00 p.m., at the City Council Chambers, First Floor, 910 South Friendswood Drive. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the matter 30 minutes prior to the hearing and will answer questions before and after the hearing. The purpose of the public hearing is to provide the public an opportunity to comment on the proposed plan. The commission requests comment on each of the six major components of the implementation plan: description of Control Actions and Management Measures, Legal Authority, Implementation Schedule, Follow-up Monitoring Plan, Reasonable Assurance, and Measurable Outcomes. After the public comment period, TNRCC staff may revise the implementation plan, if appropriate. The final implementation plan will then be considered for approval by the commission. Upon approval of the implementation plan by the commission, the final implementation plan and a response to public comments will be made available on the TNRCC web site at http://www.tnrcc.state.tx.us/water/quality/tmdl . The implementation plan is a flexible tool that the governmental and non-governmental agencies involved in TMDL implementation will use to guide their program management.

Written comments should be submitted to Patricia Durón, Texas Natural Resource Conservation Commission, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas, 78711-3087 or faxed to (512) 239-4808. All comments must be received by 5:00 p.m., August 27, 2001, and should reference 2001-0783-TML. For further information regarding this proposed TMDL implementation plan, please contact Roger Miranda, Office of Environmental Policy, Analysis, and Assessment, at (512) 239-6278. Copies of the document summarizing the proposed TMDL implementation plan can be obtained via the commission's web site or by calling Patricia Durón at (512) 239-6087.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-200104081

Ramon Dasch

Acting Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 16, 2001


Notice of Request for Public Comment and a Non-Adjudicatory Public Hearing for an Implementation Plan to Address Volatile Organic Compounds in Clear Creek

The Texas Natural Resource Conservation Commission (commission) has made available for public comment a draft implementation plan concerning volatile organic compounds (VOCs) in fish tissue in portions of Clear Creek in Harris, Galveston, Fort Bend, and Brazoria Counties, Texas. The commission will also conduct a non-adjudicatory public hearing to receive comments on the implementation plan.

Portions of the tidal and above tidal segments of Clear Creek are included in the State of Texas Clean Water Act, §303(d), List of impaired water bodies. As required by the federal Clean Water Act, §303(d), total maximum daily loads (TMDLs) were developed for two VOCs (1,2-dichloroethane and 1,1,2-trichloroethane). The TMDLs were adopted by the commission on February 9, 2001, as updates to the State Water Quality Management Plan. Upon adoption by the commission, the TMDLs were submitted to United States Environmental Protection Agency for review and approval.

A non-adjudicatory public hearing will be held in Friendswood, Texas on August 21, 2001, at 7:00 p.m., at the City Council Chambers, First Floor, 910 South Friendswood Drive. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the matter 30 minutes prior to the hearing and will answer questions before and after the hearing. The purpose of the public hearing is to provide the public an opportunity to comment on the proposed plan. The commission requests comment on each of the six major components of the implementation plan: description of control actions and management measures, legal authority, implementation schedule, follow-up monitoring plan, reasonable assurance, and measurable outcomes. After the public comment period, commission staff may revise the implementation plan, if appropriate. The final implementation plan will then be considered for approval by the commission. Upon approval of the implementation plan by the commission, the final implementation plan and a response to public comments will be made available on the commission's web site at http://www.tnrcc.state.tx.us/water/quality/tmdl . The implementation plan is a flexible tool that the governmental and non-governmental agencies involved in TMDL implementation will use to guide their program management.

Comments should be submitted to Angela Slupe, Texas Natural Resource Conservation Commission, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas, 78711-3087 or faxed to (512) 239-4808. All comments must be received by 5:00 p.m., August 27, 2001, and should reference 2001-0720-TML. For further information regarding this proposed TMDL implementation plan, please contact Roger Miranda, Office of Environmental Policy, Analysis, and Assessment, at (512) 239-6278. Copies of the document summarizing the proposed TMDL implementation plan can be obtained via the commission's web site or by calling Angela Slupe at (512) 239-4712.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-200104107

Ramon Dasch

Acting Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 17, 2001


Notice of Water Quality Applications

The following notices were issued during the period of July 5, 2001 through July 13, 2001.

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

CITY OF AMARILLO has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit No. 10392-003, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 12,000,000 gallons per day. Authorization for land application of sewage sludge and land disposal of treated effluent have been removed from the draft permit. The facility is located approximately 4 miles east-southeast of the intersection of State Highway Spur 335 (Hollywood Road) and Farm-to-Market Road 1541 (Washington Street) in Randall County, Texas.

CALPINE CORPORATION has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04040, to authorize the discharge of cooling tower blowdown, previously monitored effluents (low volume waste sources) and stormwater at a daily average flow not to exceed 1,500,000 gallons per day via Outfall 001. The applicant proposes to operate an electric power plant. The plant site is located at the southwest corner of the intersection of McColl Road and State Highway 1925 (Monte Cristo Road) approximately three miles northwest of the City of Edinburg, Hidalgo County, Texas.

DIOCESE OF GALVESTON-HOUSTON has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14218-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day. The facility is located approximately 7 miles southeast of the intersection of Farm-to-Market Road 1488 and State Highway 249 in Montgomery County, Texas.

THE DAVID AND BARBARA GREEN 1993 DYNASTY TRUST for a renewal of Permit No. 10835-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day via surface irrigation of 38 acres of non-publicly accessible land planted with coastal Bermuda grass. The facility and disposal site are located approximately 0.5 mile north of U.S. Highway 80 and 2 miles east of the eastern intersection of U.S. Highway 80 and State Highway 155 in Upshur County, Texas.

CITY OF JACKSONVILLE has applied for a renewal of TPDES Permit No. 10693-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,000,000 gallons per day. The facility is located on Canada Street, southeast of the crossing of Ragsdale Creek by Canada Street, southeast of the City of Jacksonville in Cherokee County, Texas.

CITY OF LINDALE has applied for a renewal of TNRCC Permit No. 10412-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 72,000 gallons per day. The facility is located adjacent to Highway 20 approximately 0.9 mile west of the intersection of Highway 20 and County Road 463 in Smith County, Texas.

CITY OF MATHIS has applied for a renewal of TPDES Permit No. 10015-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 947,000 gallons per day. The current permit also authorizes the disposal of treated domestic wastewater via irrigation of 120 acres. The facility is located approximately 1.25 miles northwest of the intersection of State Highway Spur 198 and Farm-to-Market Road 1068, along the access road northwest extension of San Patricio Avenue in the City of Mathis in San Patricio County, Texas.

NORTH TEXAS MUNICIPAL WATER DISTRICT has applied for a renewal of TNRCC Permit No. 13788- 001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility is located at the western end of Terry Lane in the City of Heath in Rockwall County, Texas.

ST. FRANCIS VILLAGE, INC. has applied for a renewal of TPDES Permit No. 10612-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 49,000 gallons per day. The facility is located approximately 1 mile north of Rock Creek Park and approximately 2.5 miles south of Benbrook Dam in Tarrant County, Texas. The treated effluent is discharged to Benbrook Lake in Segment No. 0830 of the Trinity River Basin.

CITY OF SKELLYTOWN has applied for a major amendment to TNRCC Permit No. 10283-001 to change the method of disposal of treated domestic wastewater from discharge to irrigation on 28.5 acres of nonpublic access pastureland. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day. The applicant requested the monitoring frequency be reduced from once per week to once per month. The draft permit authorizes a monitoring frequency of once per month upon commencement of irrigation on 28.5 acres of nonpublic access pastureland. The facility and effluent disposal site are located approximately 0.25 mile west of State Highway 152 at a point approximately 1.0 mile northwest of the intersection of Farm-to-Market Road 294 and State Highway 152 in Carson County, Texas.

TEXAS YOUTH COMMISSION has applied for a renewal of TPDES Permit No. 10651-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 24,000 gallons per day. The current permit authorizes the land application of sewage sludge for beneficial use on 6.5 acres. The facility and the sludge disposal site 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.

TRINITY INDUSTRIES, INC. has applied for a renewal of TNRCC Permit No. 03582, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 8,750 gallons per day. The draft permit, which is a domestic wastewater permit, Permit No. 14249-001, authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 8,750 gallons per day. The plant site is located approximately 1,900 feet southeast of the intersection of U.S. Highway 80 and County Road 3438 in Harrison County, Texas.

CITY OF VAN has applied for a renewal of TPDES Permit No. 10376-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility is located immediately north of Interstate Highway 20 and on the west side of Big Sandy Creek approximately 1 mile east of the intersection of Interstate Highway 20 and Farm-to-Market Road 314 in Van Zandt County, Texas.

TOWN OF VAN HORN has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14241-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 405,000 gallons per day. The proposed permit would also authorize the disposal of treated domestic wastewater via irrigation of 45 acres of a golf course. The facility is located approximately 1 mile southeast of the intersection of U.S. Highway 10 and U.S. Highway 90 in Culberson County, Texas. The disposal site is located approximately 4,000 feet southwest of the intersection of U.S. highway 10 and U.S. Highway 90 in Culberson County, Texas.

VOPAK INDUSTRIAL SERVICES USA INC. which operates a rail car cleaning operation and a commercial waste disposal facility, has applied for a major amendment to TNRCC Permit No. 01731 to authorize recalculating the effluent limitations using new critical conditions based on the diffuser installed at Outfall 001, the use of an ion- adjustment protocol for the 24-hour toxicity testing at Outfall 001, replacing the mass-based effluent limitations with concentration-based limitations at Outfall 001, and reducing the permitted effluent flow from a daily average flow not to exceed 604,000 gallons per day to a daily average flow not to exceed 300,000 gallons per day via Outfall 001. The current permit authorizes the discharge of treated process water and storm water at a daily average flow not to exceed 604,000 gallons per day via Outfall 001. The facility is located at 2759 Battleground Road, in the City of Deer Park, Harris County, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE.

The Texas Natural Resource Conservation Commission (TNRCC) has initiated a minor modification of the Permit No. 10653-002 issued to the CITY OF TYLER to revise the Other Requirements and biomonitoring language of the existing permit. The facility is located 1.5 miles northwest of the intersection of U.S. Highway 69 and Farm-to-Market Road 2813, approximately 3.4 miles south-southwest of the intersection of State Loop 323 and U.S. Highway 69 in Smith County, Texas.

Concentrated Animal Feeding Operation

Written comments and requests for a public meeting may be submitted to the Office of the Chief Clerk, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

EDWIN DEBOER has applied for a new TPDES Registration No. 4303 to authorize the applicant to operate a new dairy at a maximum capacity of 750 head in Hopkins County, Texas. No discharge of pollutants into the waters in the state is authorized by this registration except under chronic or catastrophic rainfall conditions. The proposed facility will be located on the west side of State Highway 19, 7 miles south of the intersection of Interstate Highway 30 and State Highway 19, in Hopkins County, Texas.

WELDON DEWITT AND BRODIE KOON have applied for a new Registration No. 04232 to authorize the applicant to operate a new dairy at a maximum capacity of 400 head in Hopkins County, Texas. No discharge of pollutants into the waters in the state is authorized by this registration except under chronic or catastrophic rainfall conditions. The proposed facility will be located from the intersection of Interstate Highway 30 and State Highway 19 in Sulphur Springs, Texas 10 miles south on State Highway 19 to it's intersection with County Road 1165, 1 mile east on County Road 1165 to the dairy which is on the north side of the highway in Hopkins County, Texas.

TRD-200104131

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 17, 2001


Proposal for Decision

The State Office Administrative Hearing issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on July 9, 2001 Executive Director of the Texas Natural Resource Conservation Commission, Petitioner v. The Kirk Company, Bobby Glen Burrows and Margarito Trujillo, Jr.; Respondent; SOAH Docket No.582-01-2649; TNRCC Docket No.1999-0736-MSW-E. In the matter to be considered by the Texas Natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12118 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105 TNRCC PO Box 13087 Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-200104152

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: July 18, 2001


North Texas Tollway Authority

Maintenance Management Services For Total Routine Maintenance

The following invitation to bid for providing maintenance management services for total routine maintenance is filed under the provisions of The Texas Transportation Code, Chapter 366.003(11).

The North Texas Tollway Authority (NTTA) is soliciting interest in bidding on the maintenance management services required to perform all work required to maintain the President George Bush Turnpike (PGBT) and its appurtenances, including, but not limited to, mainlanes, ramps, islands, medians, attenuators, signs and parking lots for a period of five (5) years. This includes all maintenance and repair required to insure the turnpike is kept in its designed and constructed or updated condition; and all operational items of work to insure the turnpike functions as intended. The precise limits are the PGBT right-of-way from IH 35 to Brand Road and Belt Line Road to IH 635 including additive alternates for the routine maintenance of the mainlane and ramp toll plazas in Dallas, Collin and Denton Counties.

Questions concerning the Invitation To Bid shall be directed to James D. Pace, Director of Maintenance, NTTA, (214) 461-2000.

Each interested firm that is prequalified to bid by the Texas Department of Transportation may request an Invitation To Bid in writing from the NTTA, P. O. Box 260729, Plano, Texas 75026. The receipt of bids will be at 5900 W. Plano Parkway, Suite 100, Plano, Texas 75093 by 2:00 p.m. CDST on August 20, 2001.

A mandatory prebid meeting will be held on August 9, 2001 at 1:30 p.m. CDST in the NTTA offices at the above address.

TRD-200104142

Katharine D. Nees

Deputy Executive Director

North Texas Tollway Authority

Filed: July 18, 2001


Texas Department of Protective and Regulatory Services

Public Notice Concerning Medicaid State Plan Amendment

The Texas Department of Protective and Regulatory Services (PRS) will submit an amendment to the Texas Medicaid State Plan regarding the rate determination methodology for Targeted Case Management for Individuals Receiving Services from the Department of Protective and Regulatory Services. The amendment will delete the quarterly adjustment to the rate and its prospective application to Medicaid claims. PRS is making this change because its improved computer system makes it no longer necessary to utilize the adjustment and prospective application process. It is estimated that there will be no increase or decrease in annual aggregate expenditures because of this change. For a copy of the amendment, contact a local PRS office or Beth Cody, Finance Department, PRS, at P.O. Box 149030; Mail Code E-669; Austin, Texas, 78714-9030; Telephone: (512) 438-3351; Fax: (512) 438-4853. Written comments may also be submitted to this address.

TRD-200104128

C. Ed Davis

Deputy Director, Legal Services

Texas Department of Protective and Regulatory Services

Filed: July 17, 2001


Public Utility Commission of Texas

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

On July 9, 2001, Go-Comm, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60137. Applicant intends to remove the resale-only restriction.

The Application: Application of Go-Comm, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 24366.

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 Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 no later than August 1, 2001. You may contact the commission's Customer Protection Division 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 24366.

TRD-200103992

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 11, 2001


Notice of Application for Designation as an Eligible Telecommunications Carrier Under 47 U.S.C. §214(e)

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on July 13, 2001 for designation as an eligible telecommunications carrier under 47 U.S.C. §214(e).

Docket Title and Number: Application of FEC Communications, L.L.P. for Designation as an Eligible Telecommunications Carrier (ETC) Pursuant to 47 U.S.C. §214(e) and P.U.C. Substantive Rule §26.418. Docket Number 24386.

The Application: Under 47 U.S.C. §214(e), a common carrier designated as an ETC in accordance with that subsection shall be eligible to receive federal universal service support under 47 U.S.C. §254. FEC Communications, L.L.P. (FEC) is requesting ETC designation in order to be eligible to receive federal universal service support in the Caddo Mills, Forney, Josephine, Nevada, Rockwall, Royce City, Terrell and Wylie exchanges in the state of Texas. FEC is requesting an effective date of August 27, 2001. FEC holds Service Provider Certificate of Operating Authority Number 60318.

Persons who wish to comment on this application should notify the Public Utility Commission of Texas by August 13, 2001. Requests for further information should be mailed to the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936- 7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136, or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. The deadline for comment is August 13, 2001, and all correspondence should refer to Docket Number 24386.

TRD-200104118

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 17, 2001


Notice of Application for Designation as an Eligible Telecommunications Provider Pursuant to P.U.C. Substantive Rule §26.417

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on July 13, 2001, for designation as an eligible telecommunications provider pursuant to P.U.C. Substantive Rule §26.417.

Docket Title and Number: Application of FEC Communications, L.L.P. for Designation as an Eligible Telecommunications Provider (ETP) Pursuant to P.U.C. Substantive Rule §26.417. Docket Number 24387.

The Application: FEC Communications, L.L.P. (FEC) is requesting ETP designation in order to be eligible to receive funds from the Texas Universal Service Fund (TUSF) under the Texas High Cost Universal Service Plan (THCUSP). FEC seeks ETP designation in the Caddo Mills, Forney, Josephine, Nevada, Rockwall, Royce City, Terrell and Wylie exchanges in the state of Texas. FEC is requesting an effective date of August 27, 2001. FEC holds Service Provider Certificate of Operating Authority Number 60318.

Persons who wish to comment on this application should notify the Public Utility Commission of Texas by August 13, 2001. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. The deadline for comment is August 13, 2001, and all correspondence should refer to Docket Number 24387.

TRD-200104119

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 17, 2001


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 11, 2001, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Texas Am-Tel, I, LP. for a Service Provider Certificate of Operating Authority, Docket Number 24308 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service.

Applicant's requested SPCOA geographic area includes the area served by all incumbent local exchange companies throughout the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than August 1, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200104003

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 12, 2001


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 9, 2001, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Gateway Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 24367 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, long distance, and wireless services.

Applicant's requested SPCOA geographic area includes the geographic area of Texas currently served by Southwestern Bell Telephone Company, Verizon Southwest, Inc., United Telephone Company of Texas, Inc., and Central Telephone Company of Texas, doing business as Sprint.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than August 1, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200103993

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 11, 2001


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 10, 2001, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Grande River Telecom, L.P. for a Service Provider Certificate of Operating Authority, Docket Number 24374 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Frame Relay, Fractional T1, long distance, wireless and ATM services.

Applicant's requested SPCOA geographic area includes the entire state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than August 1, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200104004

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 12, 2001


Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §26.54(b)(3)

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on June 27, 2001, for waiver of the requirements of P.U.C. Substantive Rule §26.54(b)(3), One-Party Line Service and Voice Band Data.

Docket Title and Number: Application of Valor Telecommunications of Texas, LP for Waiver of Requirements in P.U.C. Substantive Rule §26.54(b)(3). Docket Number 23733.

The Application: Valor Telecommunications of Texas, LP. (Valor or the company) seeks waiver of the requirement that by the end of 2002 it shall provide all subscribers a minimum transmission speed of at least 14,400 bits of data per second (14.4 kbps) on all switched voice circuits when connected through an industry standard modem or facsimile machine. Valor requests the commission to waive the 14.4 kbps requirement for an unspecified number of customers, or 3.32% of its total access lines, spread throughout six exchanges: Detroit, Pecos, Fort Hancock, Centerville, Aspermont and Sun Ray, all of which are served through equipment that does not meet the data speed required under P.U.C. Substantive Rule §26.54(b). Valor anticipates that it will be able to upgrade the remaining access lines by year end 2003.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 23733.

TRD-200104079

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 16, 2001


Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §25.181

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on July 11, 2001, for waiver of the limitation on energy efficiency incentive payments imposed by P.U.C. Substantive Rule §25.181(h)(3).

Docket Title and Number: Application of West Texas Utilities Company for Waiver of the Limitation on Energy Efficiency Incentive Payment Under P.U.C. Substantive Rule §25.181(h)(3). Docket Number 23865.

The Application: On July 11, 2001, West Texas Utilities Company (WTU), a subsidiary of American Electric Power Company, Inc., filed a second motion for waiver of the limitation on energy efficiency incentive payments imposed by P.U.C. Substantive Rule §25.181(h)(3). Previously in this proceeding, the commission issued Order No. 2 on April 18, 2001, which granted WTU a waiver of the limitation on energy efficiency incentive payments with respect to WTU's plans for a project with Sempra Energy. WTU is now requesting a more comprehensive, non energy service company specific waiver of the limitation on incentive payments for all funds earmarked for the 2001 incentive budget.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 23865.

TRD-200104114

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 17, 2001


Notice of Application Pursuant to P.U.C. Substantive Rule §26.208

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on July 6, 2001, pursuant to P.U.C. Substantive Rule §26.207 and Substantive Rule §26.208 for approval to remove obsolete equipment no longer in service.

Tariff Title and Number: Application of Verizon Southwest - TXG, General Exchange Tariff to Remove Obsolete Equipment for 9-1-1 Tariff Pursuant to P.U.C. Substantive Rule §26.207 and Substantive Rule §26.208. Tariff Number 24231.

The Application: GTE Southwest Inc. doing business as Verizon Southwest (Verizon) filed tariff revisions to Schedule A-12, 9-1-1, Emergency Telephone Service, General Exchange Tariff, that would remove obsolete equipment no longer in service.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. Please reference Tariff Number 24231.

TRD-200104005

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 12, 2001


Notice of Application Pursuant to P.U.C. Substantive Rule §26.208

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on July 6, 2001, pursuant to P.U.C. Substantive Rule §26.207 and Substantive Rule §26.208 for approval to remove obsolete equipment no longer in service.

Tariff Title and Number: Application of Verizon Southwest - TXG, General Exchange Tariff to Remove Obsolete Equipment for 9-1-1 Tariff Pursuant to P.U.C. Substantive Rule §26.207 and Substantive Rule §26.208. Tariff Number 24232.

The Application: GTE Southwest Inc. doing business as Verizon Southwest (Verizon) filed tariff revisions to Section 46, Features and Associated Equipment for Provision of Emergency Number Service (911) of General Exchange Tariff that would remove obsolete equipment no longer in service.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. Please reference Tariff Number 24232.

TRD-200104006

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 12, 2001


Notice of Application to Amend Certificate of Convenience and Necessity for a Proposed Transmission Line

Notice is given to the public of the filing with the Public Utility Commission of Texas (P.U.C. or commission) of an application filed on July 12, 2001, for a certificate of convenience for a proposed transmission line in Harris and Waller Counties pursuant to P.U.C. Substantive Rule §25.101(c)(1)(C), §§14.001, 37.051, 37.054, 37.056 and 37.057 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998 & Supplement 2001) (PURA). A summary of the application follows:

Docket Style and Number: Application of the Lower Colorado River Authority and the LCRA Transmission Services Corporation (collectively LCRA) to Amend its Certificate of Convenience and Necessity for Proposed 138 kV Transmission Line in Harris and Waller Counties, Docket Number 24380.

The Application: LCRA stated in its application that the proposed 138 kV transmission line (approximately 12 miles in length) between the San Bernard Electric Cooperative (SBEC) Macedonia substation and the Reliant Energy HL&P (REHL&P) tie out of the Hockley substation is needed to: (1) satisfy LCRA's obligation to meet SBEC's reliability and dependability needs in accordance with LCRA's Transmission Planning Criteria; and (2) help relieve transmission constraints on exporting power out of the Houston area by relieving projected overloads of transmission facilities by generation additions in the Houston area. Pursuant to P.U.C. Substantive Rule §25.101(c)(4), the commission must render a decision approving or denying an application for a certificate within one year of the date of filing of a complete application for such certificate. However, if the application is uncontested, pursuant to P.U.C. Substantive Rule §25.101(c)(5)(C), the application shall be approved administratively within 80 days from the date of filing a complete application.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. The deadline for intervention in the proceeding will be established. The commission should receive a letter requesting intervention on or before the intervention deadline.

TRD-200104095

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 16, 2001


Notice of Petition for Expanded Local Calling Service

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a petition on June 6, 2001, for expanded local calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Petition of the Scotland Exchange for Expanded Local Calling Service, Project Number 24224.

The petitioners in the Scotland Exchange request ELCS to the exchanges of Archer City, Bluegrove, Bowie, Holliday and Henrietta.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than August 1, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200104101

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 16, 2001


Public Notice of Amendment to Interconnection Agreement

On July 6, 2001, Southwestern Bell Telephone Company and Wes-Tex Telecommunications, doing business as Westex Telecom, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24361. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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 ten 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 24361. 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 August 9, 2001, 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 P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this 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 commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24361.

TRD-200103994

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 11, 2001


Public Notice of Amendment to Interconnection Agreement

On July 6, 2001, Southwestern Bell Telephone Company and El Paso Networks, LLC, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24363. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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 ten 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 24363. 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 August 9, 2001, 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 P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this 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 commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24363.

TRD-200103995

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 11, 2001


Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission), of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215.

Docket Title and Number. Southwestern Bell Telephone Company's Application for Approval of LRIC Study for Centrex/Plexar Routed Numbers Optional Feature Service Pursuant to P.U.C. Substantive Rule §26.215 on July 12, 2001, Docket Number 24337.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 24337. Written comments or recommendations should be filed no later than 45 days after the date of sufficiency and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200104129

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 17, 2001


Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission), of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215.

Docket Title and Number. Verizon Southwest's Application for Approval of LRIC Study for Directory Services Pursuant to P.U.C. Substantive Rule §26.215 on or about July 24, 2001, Docket Number 24382.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 24382. Written comments or recommendations should be filed no later than 45 days after the date of sufficiency and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200104094

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 16, 2001


Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215.

Docket Title and Number. Verizon Southwest's Application for Approval of LRIC Study for Late Payment Charge Pursuant to P.U.C. Substantive Rule §26.215 on or about July 26, 2001, Docket Number 24388.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 24388. Written comments or recommendations should be filed no later than 45 days after the date of sufficiency and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200104130

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 17, 2001


Public Notice of Interconnection Agreement

On July 16, 2001, Southwestern Bell Telephone Company and Now Communications, Inc., collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24390. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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 interconnection agreement. Any interested person may file written comments on the joint application by filing ten 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 24390. 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 August 16, 2001, 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 P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this 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 commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24390.

TRD-200104149

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 18, 2001


Public Notice of Workshop-Rulemaking to Address the Provision of Advanced Services by Electing Companies, COA or SPCOA Holders in Rural Service Areas

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding the provision of advanced services by electing companies, certificate of operating authority (COA) or service provider certificate of operating authority (SPCOA) holders on Thursday, August 16, 2001, at 9:30 a.m. in the Commissioner's Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 21175, Rulemaking to Address the Provision of Advanced Services by Electing Companies, COA or SPCOA Holders in Rural Service Areas has been established for this proceeding. No later than Monday, August 13, 2001 a staff draft will be made available under this project number in the commission's Central Records Division, located on the ground floor of the William B. Travis Building and on the commission's website at www.puc.state.tx.us/rules/rulemake/21175/21175.cfm.

The Public Utility Commission has also established Project Number 24392, Rulemaking to Address the Provision of Caller Identification Service and Custom Calling Features by Electing Companies, COA or SPCOA Holders in Rural Service Areas to implement portions of Utilities Code §55.014. Notice concerning this rulemaking project will be made at a later date.

Questions concerning the workshop or this notice should be referred to Don Ballard, Chief Attorney, Policy Development Division, at (512) 936-7255. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200104117

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 17, 2001


Texas Department of Transportation

Request for Qualification Statements

The listed airport sponsor, through its agent, the Texas Department of Transportation (TxDOT), intends to engage aviation professional engineering firms for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT, Aviation Division will solicit and receive qualifications for professional engineering design services as described in the following project:

Airport Sponsor: City of San Marcos, San Marcos Municipal Airport; TxDOT Project Number: 0114SMRCO. Project Scope: Provide engineering/design services for signage improvements at the San Marcos Municipal Airport. Project Manager: John Wepryk

Interested firms shall utilize the recently updated Form 439 , titled "Aviation Engineering Services Questionnaire", (August 2000 version ). The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be e-mailed by request or downloaded from the TxDOT web site, URL address:

http://www.dot.state.tx.us./insdtdot/orgchart/avn/avninfo/avninfo.htm

Download the file from the selection "Engineer Services Questionnaire Packet". The form may not be altered in any way, and all printing must be in black. QUALIFICATIONS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. ( Note: This is a new form updated for this submission. The form is an MS Word, Version 7, document ).

Two completed, unfolded copies of Form 439 (August 2000 version), must be postmarked by U.S. Mail by midnight August 6, 2001. Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. on August 8, 2001; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. August 8, 2001; hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. The two pages of instructions should not be forwarded with the completed questionnaires. Electronic facsimiles will not be accepted.

NEW DELIVERY OPTION Your form 439 may be e-mailed to TxDOT, at e-mail address:

AVNRFQ@dot.state.tx.us

E-mails must be received by midnight August 6, 2001. Received times will be determined by the marked time and date as the E-mail is received into the TxDOT network system. Please allow sufficient time to ensure delivery into the TxDOT system by the deadline. After receipt, you will be electronically notified of receipt by return e-mail. Return notification may be delayed by a day or two, as the forms will be opened and printed at the TxDOT offices. Before e-mailing the form, please confirm your completion of the form. TxDOT will directly print the transmittal and not change the formatting or information contained on the form following receipt. Signatures will not be required on electronically submitted forms. You may type in the responsible party's name on the signature line.

The airport sponsor's duly appointed committee will review all professional qualifications and select three to five firms to submit proposals. Those firms selected will be required to provide more detailed, project-specific proposals which address the project team, technical approach, Disadvantage Business Enterprise (DBE) participation, design schedule, and other project matters, prior to the final selection process. The final engineer selection by the sponsor's committee will generally be made following the completion of review of proposals and/or engineer interviews. The airport sponsor reserves the right to reject any or all statements of qualifications, and to conduct new professional services selection procedures.

If there are any procedural questions, please contact Karon Wiedemann, Director, Grant Management, or the designated Project Manager, John Wepryk, for technical questions at 1-800-68-PILOT (74568).

TRD-200104132

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: July 18, 2001


Texas Water Development Board

Request for Applications

The Texas Water Development Board (TWDB) requests, pursuant to the 77th Legislative Session, Senate Bill 2, and Texas Water Code §16.053, the submission of applications leading to the possible award of grants for the preparation of an Infrastructure Financing Report for each regional water planning area. In order to receive a grant, the applicant must be a political subdivision and must have been designated an eligible applicant by a regional water planning group as defined in 31 TAC §355.91.

Description of Funding Consideration. Funding will be determined by the number of water user groups with needs for additional supplies identified in the approved regional water plan to be surveyed for this report.

The Board will provide guidelines for preparation of the report upon its availability.

Deadline, Review Criteria, and Contact Person for Additional Information. Five double-sided copies of a complete grant application must be filed with the TWDB prior to 5:00 p.m., September 21, 2001. Applications can be directed either in person to Ms. Phyllis Thomas, Room 447, Texas Water Development Board, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas or by mail to Ms. Phyllis Thomas, Texas Water Development Board, P.O. Box 13231 - Capitol Station, Austin, Texas 78711-3231.

All potential applicants should contact the Board to obtain the proper format for these applications. . Requests for information or application format may be directed to Ms. Phyllis Thomas at the preceding address or by calling (512) 463-7926 or may be obtained from the Texas Water Development Board's webpage at: www.twdb.state.tx.us.

TRD-200104151

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: July 18, 2001