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 January 11, 2001, through February 1, 2001. The public comment period for these projects will close at 5:00 p.m. on March 5, 2001.

FEDERAL AGENCY ACTIONS

Applicant: Dome Petrochemical LC; Location: The project site is located on the east bank of Cedar Bayou, at 6655 West Bay Road, southeast of State Highway 146, in Baytown, Chambers County, Texas. CCC Project No.: 01-0041-F1; Description of Proposed Action: The applicant requests authorization to construct three barge slips. Each slip will be 200 feet wide, 30 feet long, and 12 feet deep. However, the slips will initially be excavated to a depth of 13 feet (1 foot maintenance overdredge). Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899.

Applicant: Veridian Information Solutions Division; Location: The project site is located at Barbour's Cut Container Terminal at the Port of Houston in Harris County, Texas. CCC Project No.: 01-0042-F2; Description of Proposed Action: The proposed project is the construction of two Vehicle and Cargo Inspection Systems (VACIS) which is to be fielded Barbour's cut Container Terminal at the Port of Houston. The VACIS is a non-intrusive inspection device that detects contraband inside trucks and cargo containers. The VACIS-II consists of two 90-foot long tacks that are placed, in parallel, 30 feet apart. Type of Application: Activity of the U.S. Customs Service.

This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899. 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-200101062

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: February 21, 2001

Comptroller of Public Accounts

Notice of Contract Awards

Notice of Award: Pursuant to Chapters 403 and 404, Texas Government Code, and Chapter 63, Texas Education Code, the Comptroller of Public Accounts (Comptroller) announces this notice of contract awards.

The Comptroller's Request for Proposals (RFP) related to these contract awards was published in the May 12, 2000 issue of the Texas Register at 25 TexReg. 4370.

The contractors will provide investment management services for the Treasury Division of the Comptroller as described in the Comptroller's RFP.

There are sixteen contracts awarded and fully executed as of the submission of this notice to the Texas Register on February 21, 2001. There may be other awards to be announced at one or more later dates. In the paragraphs that follow, the estimates of maximum fees are based on estimated initial funding.

A contract is awarded to Banc One Investment Advisors Corporation, 1111 Polaris Parkway, Columbus, Ohio, 43240. The product is International Equities. The total amount of fees under the contract are based on the value of assets invested; the estimated maximum payments for the first 12 months is $373,000. The term of the contract is October 2, 2000 through December 31, 2002.

A contract is awarded to Chicago Equity Partners, LLC, 180 N. LaSalle, Suite 3800, Chicago, Illinois, 60601. The product is Mid Cap Core Equities. The total amount of fees under the contract are based on the value of assets invested; the estimated maximum payments for the first 12 months is $179,500. The term of the contract is October 2, 2000 through December 31, 2002.

A contract is awarded to Davis, Hamilton, Jackson & Associates, L.P., Two Houston Center, Suite 550, 909 Fannin, Houston, Texas, 77010. The product is Large Cap Core Equities. The total amount of fees under the contract are based on the value of assets invested; the estimated maximum payments for the first 12 months is $411,250. The term of the contract is October 2, 2000 through December 31, 2002.

A contract is awarded to Enhanced Investment Technologies, Inc. (INTECH), The Harbour Financial Center, 2401 PGA Boulevard, Suite 200, Palm Beach Gardens, Florida, 33410. The product is Large Cap Growth Equities. The total amount of fees under the contract are based on the value of assets invested; the estimated maximum payments for the first 12 months is $444,960. The term of the contract is October 2, 2000 through December 31, 2002.

A contract is awarded to Equinox Capital Management, LLC, 590 Madison Avenue, New York, New York, 10022. The product is Large Cap Value Equities. The total amount of fees under the contract are based on the value of assets invested; the estimated maximum payments for the first 12 months is $ 176,000. The term of the contract is October 2, 2000 through December 31, 2002.

A contract is awarded to John A. Levin & Company, Inc., 1 Rockefeller Plaza, 19th Floor, New York, New York, 10020. The product is Large Cap Value Equities. The total amount of fees under the contract are based on the value of assets invested; the estimated maximum payments for the first 12 months is $432,500. The term of the contract is October 2, 2000 through December 31, 2002.

A contract is awarded to J.P. Morgan Investment Management, Inc., 522 Fifth Avenue, New York, New York, 10036. The product is Small Cap Core Equities. The total amount of fees under the contract are based on the value of assets invested; the estimated maximum payments for the first 12 months is $575,000. The term of the contract is October 2, 2000 through December 31, 2002.

A contract is awarded to MFS Institutional Advisors, Inc., 500 Boylston Street, Boston, Massachusetts, 02116. The product is Mid Cap Growth Equities. The total amount of fees under the contract are based on the value of assets invested; the estimated maximum payments for the first 12 months is $282,000. The term of the contract is October 2, 2000 through December 31, 2002.

A contract is awarded to Palladium Capital Management, 5075 Westheimer, Suite 1150 West, Houston, Texas, 77056. The product is Large Cap Core Equities. The total amount of fees under the contract are based on the value of assets invested; the estimated maximum payments for the first 12 months is $75,000. The term of the contract is October 2, 2000 through December 31, 2002.

A contract is awarded to Travelers Investment Management Company, One Tower Square, Hartford, Connecticut, 06183. The product is Large Cap Core Equities. The total amount of fees under the contract are based on the value of assets invested; the estimated maximum payments for the first 12 months is $125,000. The term of the contract is October 2, 2000 through December 31, 2002.

A contract is awarded to Valenzuela Capital Partners, LLC, 1270 Avenue of the Americas, Suite 508, New York, New York, 10020. The product is Mid Cap Value Equities. The total amount of fees under the contract are based on the value of assets invested; the estimated maximum payments for the first 12 months is $305,500. The term of the contract is October 2, 2000 through December 31, 2002.

A contract is awarded to Vaughn, Nelson, Scarborough & McCullough, L.P., 6300 Chase Tower, Houston, Texas 77002-3071. The product is Large Cap Growth Equities. The total amount of fees under the contract are based on the value of assets invested; the estimated maximum payments for the first 12 months is $162,000. The term of the contract is October 2, 2000 through December 31, 2002.

A contract is awarded to Techxas Ventures II, L.P., a Delaware Limited Partnership, 5000 Plaza on the Lake, Suite 275, Austin, Texas 78746. The total amount of fee under the contract are based on the value of assets invested; the fee is 2.5% of the aggregate capital commitments of all of the partners of the Partnership (0.625% per fiscal quarter of the Partnership). The term of the Partnership is December 4, 2000 through March 31, 2010.

A contract is awarded to Alliance Capital Management L.P., on behalf of the Sanford C. Bernstein Company Delaware Business Trust, 767 Fifth Avenue, New York, New York 10153-0185. The product is International Equities. The total amount of fees under the contract are based on the value of assets invested; the estimated maximum payments for the first 12 month is $397,800. The contract is effective from January 22, 2001 until the date the Comptroller ceases to be a beneficial owner in the Trust.

A contract is awarded to Putnam Fiduciary Trust Company, on behalf of the Putnam Limited Liability Companies, One Post Office Square, Boston, Massachusetts 02109. The product is International Equities. The total amount of fees under the contract are based on the value of assets invested; the estimated maximum payments for the first 12 months is $365,240. The contract is effective from February 15, 2001 until the date the Comptroller ceases to own shares in the Fund.

A contract is awarded to Fountain Capital Management, L.L.C., 10801 Mastin Boulevard, Suite 220, Overland Park, Kansas 66210. The product is High Yield Securities. The total amount of fees under the contract are based on the value of assets invested; the estimated maximum payments for the first 12 months is $205,000. The contract is effective from February 21, 2001 through December 31, 2002.

TRD-200101074

Pamela Ponder

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: February 21, 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 Sec. 303.003 and Sec. 303.009 for the period of 02/26/01 - 03/04/01 is 18% for Consumer ¹ /Agricultural/Commercial ² /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 02/26/01 - 03/04/01 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 03/01/01 - 03/31/01 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 03/01/01 - 03/31/01 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-200101068

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 21, 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 Montgomery Ward Credit Union (Arlington) seeking approval to merge with EECU (Fort Worth) 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-200101043

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 20, 2001

Texas Education Agency

Notice of Amendments to Standard Application System Concerning Public Charter Schools

The Texas Education Agency (TEA) published Standard Application System (SAS) #A516 concerning public charter schools in the February 2, 2001, issue of the Texas Register (26 TexReg 1193). The TEA is amending the Texas Register notice as follows:

(1) The TEA is amending the Dates of Project paragraph of the notice to read, "The federal Public Charter Schools Dissemination Grant Program will be implemented between May 1, 2001, and May 31, 2002. Applicants should plan for a starting date of no earlier than May 1, 2001, and an ending date of no later than May 31, 2002." This amendment reflects a change in the beginning implementation date from April 30 to May 1, 2001, and a change in the starting date from April 30 to May 1, 2001.

(2) The TEA is amending the Deadline for Receipt of Applications paragraph of the notice to read, "Applications must be received in the Document Control Center of the TEA no later than 5:00 p.m. (Central Time), Tuesday, April 3, 2001." This amendment reflects a change in the deadline from March 13 to April 3, 2001.

Further Information. For clarifying information about the SAS, contact Esther Murguia, Division of Charter Schools, TEA, (512) 463-9575.

TRD-200101059

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Filed: February 21, 2001

Request for Applications Concerning Model Reading Intervention Programs for Intermediate Grades 3, 4, 5, and 6 for 2000-2002 School Years

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) # 701-01-014 from school districts, including open-enrollment charter schools, or shared services arrangements of public school districts or open-enrollment charter schools and regional education service centers applying as fiscal agents of public school districts or shared services arrangements of public school districts or open-enrollment charter schools in Texas who are eligible to apply for grants under the Model Reading Intervention Programs for Intermediate Grades 3, 4, 5, and 6 .

Description. All activities must be limited to those designed to meet the governor's challenge of having all children reading at or above grade level by the end of third grade and remaining on grade level or above throughout their school careers. Activities must be compatible with the goal of attaining as much direct intervention with students as possible through: scientific research-based instruction, additional instructional or diagnostic reading materials, and/or provision of instructional staff or provision of related professional development of educators, including, if necessary, the acquisition of substitute instructional staff during related professional development activities.

Dates of Project. Applicants should plan for a starting date of no earlier than June 15, 2001, and an ending date of no later than August 31, 2002.

Project Amount. Approximately $12.5 million will be available for funding. It is estimated that funding will be provided for approximately 50 grants ranging from $50,000 to $400,000.

Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate an application based on the overall quality and validity of the proposed grant program and the extent to which the application addressed the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. 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 #701-01-014 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 emailing dcc@tmail.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 Office of Statewide Initiatives, TEA, (512) 463-9027.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday, April 24, 2001, to be considered for funding.

TRD-200101060

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Filed: February 21, 2001

Employees Retirement System Of Texas

Contract Award Announcement

This contract award for an analysis and evaluation of the Employees Retirement System of Texas' (ERS) cost and cost drivers of providing retirement benefits, its administration costs based on activities, and its service levels compared to its peers, is being filed pursuant to the provisions of Tex. Gov't Code Ann. §2254.030. The contractor is Cost Effectiveness Measurement, Inc. ("CEM"), 350 Bay Street, Suite 800, Toronto, Ontario M5H. CEM will provide analysis and evaluation of the ERS costs and cost drivers of providing retirement benefits. The total cost for the contract is not to exceed $26,000.00, and the term of the contract is from January 3, 2001, until the final report is presented to the ERS Board of Trustees.

TRD-200101048

Sheila W. Beckett

Executive Director

Employees Retirement System of Texas

Filed: February 20, 2001

Golden Crescent Regional Planning Commission

Feasibility Study Request for Proposals

The Golden Crescent Regional Planning Commission, a political subdivision of the State of Texas covering the 7 county Uniform Planning Region 17, is soliciting a request for proposal (RFP) for a feasibility study to determine the impact of direct marketing on the income of agricultural producers in the mid-Texas Gulf Coast Region to end-users in Mexico, utilizing the Port of Port Lavaca-Point Comfort. This study will include, among other things, analyzing the existing market to identify the number of people who would use the port in Calhoun County, the types of producers, and the users of the end product in Mexico; evaluating the existing infrastructure at the Port of Port Lavaca-Point Comfort and the destination facilities; evaluating how agricultural commodities are transported to the port, shipped, stored and processed at the final delivery point; evaluating the economics of transportation taking into consideration economies of scale, handling efficiency, and the commitment of resources; and presenting findings in the form of a project cost-benefit analysis, a project risk assessment, a project beneficiaries assessment and a summary evaluation.

Potential respondents may obtain a copy of the RFP by contacting Patrick J. Kennedy, Executive Director, Golden Crescent Regional Planning Commission, P.O. Box 2028, Victoria, Texas 77902 or by calling (361) 578-1587. The deadline for RFP submission is 12:00 Noon., Tuesday, March 13, 2001.

TRD-200101061

Patrick J. Kennedy

Executive Director

Golden Crescent Regional Planning Commission

Filed: February 21, 2001

Texas Department of Housing and Community Affairs

Housing Trust Fund and Housing Trust Fund / State Energy Conservation Office Combined Notice of Funding Availability (NOFA)

Housing Trust Fund Development Cycle NOFA

The Texas Department of Housing and Community Affairs, through its Housing Trust Fund, is pleased to announce that it will make available approximately Four Million Nine Hundred Forty One Thousand Eight Hundred Fifty Eight dollars ($4,941,858) to finance, acquire, rehabilitate, and develop safe, decent and affordable housing for low, very low, and extremely low income individuals and families; including persons with special needs.

The Housing Trust Fund provides gap financing to eligible single family and multifamily developments, in an effort to ensure that affordable housing providers obtain the total funding necessary for the completion of their developments. Funds will be awarded pursuant to the Department's Regional Allocation Formula as required by Section 2306.111 of the Government Code. Mixed income developments that include market rate units are encouraged, provided a portion of the units are reserved for families or individuals at or below eighty percent (80%) of Area Median Family Income and for persons with special needs.

Targeting of Extremely Low Income in 2001

In an effort to encourage the production of affordable housing for persons and families of Extremely Low Income, the Housing Trust Fund is setting a goal of directing $2,000,000 towards housing for this income group. In order to achieve our goal, at least 40% of the Housing Trust Fund development funds awarded in this cycle must be used for the development of units that serve residents earning 30% or less of the Area Median Family Income (AMFI). Therefore, the following requirements have been added to the 2001 Development Cycle:

The maximum amount of HTF dollars provided for Extremely Low Income units (30% and below of AMFI) will be capped at $70,000 per unit.

The maximum amount of HTF dollars provided for Very Low Income units (31-60% of AMFI) will be capped at $18,000 per unit.

The maximum amount of HTF dollars provided for Low Income units (61- 80% of AMFI) will be capped at $1,500 per unit.

The average cost per unit of any HTF funded units in the development cannot exceed the total cost of the development divided by the total number of units in the development.

The available funding will be allocated to each Uniform State Planning Region as required by the Department's Regional Allocation Formula. The funding available to each region is as follows:

Region 1 (Allocation Factor of 3.61%) $ 178,401

Region 2 (Allocation Factor of 2.33%) $ 115,145

Region 3 (Allocation Factor of 17.45%) $ 862,848

Region 4 (Allocation Factor of 5.42%) $ 267,849

Region 5 (Allocation Factor of 4.11%) $ 203,110

Region 6 (Allocation Factor of 21.30%) $ 1,052,616

Region 7 (Allocation Factor of 10.26%) $ 507,035

Region 8A (Allocation Factor of 9.83%) $ 485,290

Region 8B (Allocation Factor of 17.95%) $ 887,064

Region 9 (Allocation Factor of 2.58%) $ 127,500

Region 10 (Allocation Factor of 5.16%) $ 255,000

Total Available Funding $ 4,941,858

Eligible applicants, which include local units of government, nonprofit organizations, for profit entities, public housing authorities (PHAs), and community housing development organizations (CHDOs), may compete on a statewide basis for the following amounts:

$ 1,877,045 Reserved for eligible nonprofits and CHDOs

$ 3,064,813 Available to all eligible applicants

Housing Trust Fund/ State Energy Conservation Office (SECO) NOFA:

The Texas Department of Housing and Community Affairs' (TDHCA) Housing Trust Fund, in conjunction with the Comptroller of Public Accounts' State Energy Conservation Office (SECO), is please to announce the availability of One Million Eight Hundred Thirty Eight Thousand Two Hundred Seventy Three dollars ($1,838,273) of Exxon Oil Overcharge funds to be utilized in both single family and multifamily developments throughout the state. These funds will be made available on a dollar-for-dollar match basis and applicants may count the dollar value of in-kind contributions as matching funds.

The maximum program award amount per applicant is Three Hundred Twenty Five Thousand dollars ($325,000) with a limit of Fifteen Hundred dollars ($1,500) per unit. However, specific award amounts are subject to the limits established for each region by the Department's Regional Allocation Formula. The funding available to each region is as follows:

Region 1 (Allocation Factor of 3.61%) $ 66,362

Region 2 (Allocation Factor of 2.33%) $ 42,832

Region 3 (Allocation Factor of 17.45%) $ 320,963

Region 4 (Allocation Factor of 5.42%) $ 99,634

Region 5 (Allocation Factor of 4.11%) $ 75,553

Region 6 (Allocation Factor of 21.30%) $ 391,552

Region 7 (Allocation Factor of 10.26%) $ 188,607

Region 8A (Allocation Factor of 9.83%) $ 180,518

Region 8B (Allocation Factor of 17.95%) $ 329,970

Region 9 (Allocation Factor of 2.58%) $ 47,427

Region 10 (Allocation Factor of 5.16%) $ 94,855

Total Available Funding $ 1,838,273

These funds may be used to improve the energy efficiency of housing which serves individuals and families whose income is not more than eighty percent (80%) of Area Median Family Income. Applicants of HTF/SECO funding which apply and are recommended for HTF development cycle funding will receive a priority over applicants seeking HTF/SECO funding exclusively.

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

General Information for both NOFAs:

Applications meeting threshold criteria will be evaluated and scored within categories including but not limited to Leveraging, Project Outline, Services & Income Targeting, Market Area, and Design Innovation & Energy Conservation. Applications will then be selected based on program scoring criteria (which is included in the combined application package), underwriting criteria, and geographic dispersion. The Housing Trust Fund desires to select a diverse group of single family and multifamily developments that will serve varied populations throughout the state.

Applicants for either or both programs are requested to download the HTF-HTF/SECO combined application package from the Housing Trust Fund web page of the TDHCA web site located at http://www.tdhca.state.tx.us/htf.htm. Applicants may also request a diskette or hard copy version of the combined application package. Application packages will be transmitted via first class U.S. Postal Service unless applicants request transmittal via overnight courier and provide the name and account number of their desired courier.

The Department's Board of Directors reserves the right to change the award amount, and to award less than the requested amount.

Applications must be submitted on or before 5:00 p.m., April 20, 2001.

FAXED APPLICATIONS WILL NOT BE ACCEPTED.

All interested parties with a viable single family or multifamily development are encouraged to participate in these programs.

Applications will be available on March 2, 2001.

Workshops for this application will be held at various locations throughout the state between March 15 and March 29, 2001. For additional information, time and date of workshops, or to request an application package, please call the Housing Trust Fund Office at (512) 475-1458, or e-mail your request to shiggins@tdhca.state.tx.us. Please direct your applications to:

Texas Department of Housing and Community Affairs

Housing Trust Fund - Attn: Keith Hoffpauir

Post Office Box 13941

Austin, Texas 78711-3941

Or by courier to:

507 Sabine, Suite 400

Austin, Texas 78701

TRD-200101073

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 21, 2001

Texas Department of Human Services

Title XX Social Services Block Grant Expenditure Report

The Texas Department of Human Services has published a report describing the actual expenditures of Title XX Social Service Block Grant funds for fiscal year 2000. Free copies of the report are available to the public.

Contact Person: To obtain a copy of this report, write Bobby Halfmann, Chief Financial Officer, Texas Department of Human Services, W-421, P.O. Box 149030, Austin, Texas 78714-9030.

TRD-200101017

Paul Leche

General Counsel

Texas Department of Human Services

Filed: February 16, 2001

Texas Department of Insurance

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Liberty Mutual Insurance Company proposing to use rates for commercial 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 +45% for Liability and +30% for Physical Damage for all territories and classifications. This overall rate change is +10.9%.

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 March 21, 2001.

TRD-200101064

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 21, 2001

Texas Department of Mental Health and Mental Retardation

Public Hearing Notice on Reimbursement Rates for Non-State Operated Intermediate Care Facilities for the Mentally Retarded (ICFs/MR)

The Health and Human Services Commission and the Texas Department of Mental Health and Mental Retardation will conduct a joint public hearing to receive public comment on the proposed reimbursement rates for non-state operated Intermediate Care Facilities for Persons with Mental Retardation (ICFs/MR). The rates will be effective March 1, 2001, through August 31, 2001. The joint hearing will be held in compliance with Title 1, Texas Administrative Code, Chapter 355, Subchapter F, §355.702(h), which requires a public hearing on proposed reimbursement rate for medical assistance programs. Payment rates are proposed to be effective March 1, 2001, as follows:

[graphic]

Current rates are as follows:

[graphic]

Methodology and justification: The proposed rates were determined in accordance with the rate setting methodology codified as 1 Texas Administrative Code Chapter 355, Subchapter D (relating to Reimbursement Methodology for the intermediate Care Facilities for Persons with Mental Retardation (ICF/MR) Program), §355.451(b)(2), §355.456(c), and subsequently adjusted in accordance with §355.456(e) (relating to Rate Determination).

The public hearing will be held on Tuesday, March 20, 2001, at 1:30 p.m. in room 2-164, auditorium of TDMHMR Central Office building (Building 2) at 909 West 45th Street, Austin, Texas 78751.

Written comments may be submitted to the Reimbursement and Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P. O. Box 12668, Austin, Texas 78711-2668, or faxed to (512) 206-5693. Hand deliveries will be accepted at 909 West 45th Street, Building 4, Austin, Texas 78751. Comments must be received by 4:00 p.m. on Tuesday, March 20, 2001.

Persons requiring an interpreter for deaf or hearing impaired or other accommodation should contact Tom Wooldridge by calling (512) 206-5753 or the TDY phone number of Texas Relay, which is 1-800-735-2988, at least 72 hours prior to the hearing.

TRD-200101063

Andrew Hardin

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: February 21, 2001

Texas Natural Resource Conservation Commission

Enforcement Orders

An agreed order was entered regarding HELEN ABLES, Docket No. 1998-0582-PST-E on January 26, 2001 assessing $15,000 in administrative penalties with $14,400 deferred.

Information concerning any aspect of this order may be obtained by contacting REBECCA N. PETTY, Staff Attorney at (512) 239-1738, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TOM ROWNTREE DBA ROWNTREE CATTLE COMPANY, Docket No. 1999-0904-AGR-E on January 26, 2001 assessing $10,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting REBECCA NASH PETTY, Staff Attorney at (512) 239-1738, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding EQUISTAR CHEMICALS, L.P., Docket No. 2000-0519-IHW-E on January 26, 2001 assessing $13,500 in administrative penalties with $2,700 deferred.

Information concerning any aspect of this order may be obtained by contacting CATHERINE SHERMAN, Enforcement Coordinator at (713) 767-3624, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF DRISCOLL, Docket No. 2000-0884- PWS-E on January 26, 2001 assessing $313 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting CYNTHIA SALAS, Enforcement Coordinator at (915) 834-4975, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding O. C. PROPERTY OWNERS ASSOCIATION, Docket No. 2000-0476-PWS-E on January 26, 2001 assessing $1,813 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting BRIAN LEHMKUHLE, Enforcement Coordinator at (512) 239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding WEST JEFFERSON COUNTY MUNICIPAL WATER DISTRICT, Docket No. 2000-0540-PWS-E on January 26, 2001 assessing $10,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting LAURA CLARK, Enforcement Coordinator at (409) 899-8760, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF BELLS, Docket No. 2000-0626-PWS- E on January 26, 2001 assessing $2,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting MERRILEE GERBERDING, Enforcement Coordinator at (512) 239-4490, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AMERICAN FREIGHTWAYS CORPORATION, Docket No. 2000-0471-MLM-E on January 26, 2001 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting LAWRENCE KING, Enforcement Coordinator at (512) 339-2929, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DJLJ CORPORATION DBA TANK WASH USA, Docket No. 2000-0587-AIR-E on January 26, 2001 assessing $3,000 administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SHEILA SMITH, Enforcement Coordinator at (512) 239-1670, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BENJAMIN SANJUAN DBA GOLDEN CARRIAGE MOBILE HOME PARK, Docket No. 2000-0414-PWS-E on January 26, 2001 assessing $2,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting CATHERINE ALBRECHT, Enforcement Coordinator at (713) 767-3672, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DIAMOND-KOCH, Docket No. 2000-0854- AIR-E on January 26, 2001 assessing $14,000 in administrative penalties with $2,800 deferred.

Information concerning any aspect of this order may be obtained by contacting STACEY YOUNG, Enforcement Coordinator at (512) 239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding EQUILON PIPELINE COMPANY, LLC, Docket No. 2000-0412-AIR-E on January 26, 2001 assessing $2,250 in administrative penalties with $450 deferred.

Information concerning any aspect of this order may be obtained by contacting TEL CROSTON, Enforcement Coordinator at (512) 239-5717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding FORCENERGY, INC., Docket No. 2000-0902- AIR-E on January 26, 2001 assessing $5,000 in administrative penalties with $1,000 deferred.

Information concerning any aspect of this order may be obtained by contacting CAROL MCGRATH, Enforcement Coordinator at (361) 825-3275, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding KEVIN ASHLOCK DBA RED RIVER SALES, Docket No. 2000-0778-AIR-E on January 26, 2001 assessing $375 in administrative penalties with $75 deferred.

Information concerning any aspect of this order may be obtained by contacting MELINDA HOULIHAN, Enforcement Coordinator at (817) 469-6750, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ALAN RITCHEY, INCORPORATED, Docket No. 2000-0473-AIR-E on January 26, 2001 assessing $7,000 in administrative penalties.

An agreed order was entered regarding FRED BANKHEAD DBA GOLD NUGGET MOTOR COMPANY, Docket No. 2000-0753-AIR-E on January 26, 2001 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting JORGE IBARRA, Enforcement Coordinator at (817) 469-6750, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TOSCO CORPORATION, Docket No. 2000- 0838-AIR-E on January 26, 2001 assessing $2,250 in administrative penalties with $450 deferred.

Information concerning any aspect of this order may be obtained by contacting REBECCA CERVANTES, Enforcement Coordinator at (915) 834-4965, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding VARCO SHAFFER, INCORPORATED, Docket No. 2000-0563-AIR-E on January 26, 2001 assessing $20,000 in administrative penalties with $4,000 deferred.

Information concerning any aspect of this order may be obtained by contacting CARL SCHNITZ, Enforcement Coordinator at (512) 239-1892, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding WEST TEXAS UTILITIES COMPANY, Docket No. 2000-0855-AIR-E on January 26, 2001 assessing $750 in administrative penalties with $150 deferred.

An agreed order was entered regarding DARRELL JOHNSON DBA WEATHERFORD TRUCK SALES, Docket No. 2000-0901-AIR-E on January 26, 2001 assessing $1,125 in administrative penalties with $225 deferred.

Information concerning any aspect of this order may be obtained by contacting WENDY COOPER, Enforcement Coordinator at (817) 588-5867, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding WILLIAMS FIELD SERVICES COMPANY, Docket No. 2000-0643-AIR-E on January 26, 2001 assessing $3,750 in administrative penalties with $750 deferred.

Information concerning any aspect of this order may be obtained by contacting AUDRA BAUMGARTNER, Enforcement Coordinator at (361) 825-3312, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ARCH CHEMICALS, INC., Docket No. 2000- 0321-AIR-E on January 26, 2001 assessing $83,250 in administrative penalties with $16,650 deferred.

Information concerning any aspect of this order may be obtained by contacting SUSAN KELLY, Enforcement Coordinator at (409) 899-8704, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding ADOLPHO RAMIREZ DBA RAMIREZ BODY SHOP, Docket No. 1999-1474-AIR-E on January 26, 2001 assessing $10,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting DAVID SPEAKER, Staff Attorney at (512) 239-2548, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LBC PETROUNITED, INC., Docket No. 2000- 0665-IHW-E on January 26, 2001 assessing $9,000 in administrative penalties with $1,800 deferred.

An agreed order was entered regarding EXCEL CORPORATION, Docket No. 2000- 0505-IWD-E on January 26, 2001 assessing $20,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting GARY SHIPP, Enforcement Coordinator at (806) 796-7092, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding THANH VAN NGUYEN DBA ST. MARTIN'S SEAFOOD, Docket No. 2000-0590-IWD-E on January 26, 2001 assessing $15,625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting COREY M. BURKE, Enforcement Coordinator at (512) 239-5259, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF GILMER, Docket No. 2000-0427- MWD-E on January 26, 2001 assessing $11,475 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting VICTOR SIMONDS, SEP Coordinator at (512) 239-6201, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF MOUNT CALM, Docket No. 2000- 0380-MWD-E on January 26, 2001 assessing $3,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting PAMELA CAMPBELL, Enforcement Coordinator at (512) 239-4493, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF BRAZORIA, Docket No. 2000-0998- MWD-E on January 26, 2001 assessing $5,625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting CATHERINE ALBRECHT, Enforcement Coordinator at (713) 767-3612, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CYPRESS HILL MUNICIPAL UTILITY DISTRICT #1, Docket No. 2000-0681-MWD-E on January 26, 2001 assessing $2,700 in administrative penalties with $540 deferred.

Information concerning any aspect of this order may be obtained by contacting DAVID VAN SOEST, Enforcement Coordinator at (512) 239-0468, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GREEN RIBBON ENTERPRISES, INC. DBA KWIK SERVE, Docket No. 1999-0870-PST-E on January 26, 2001 assessing $10,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting STEVEN LOPEZ, Enforcement Coordinator at (512) 239-1896, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BRAZORIA INTERESTS INC DBA K & S JIFFY MART#1, Docket No. 2000-0477-PST-E on January 26, 2001 assessing $1,875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TRINA K. LEWISON, Enforcement Coordinator at (713) 767-3607, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ROBERT DAVIS DBA DAVIS STORE, Docket No. 2000-0549-PST-E on January 26, 2001 assessing $5,400 in administrative penalties with $1,080 deferred.

TRD-200101040

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 20, 2001

Enforcement Orders

An agreed order was entered regarding VETROTEX CERTAINTEED CORPORATION DBA VETROTEX AMERICA, Docket No. 1998-1171-AIR-E on February 12, 2001 assessing $280,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting BOOKER HARRISON, Staff Attorney at (512) 239-4113, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MUNIRA INTERESTS, INC., Docket No. 1998-1405-PST-E on February 12, 2001 assessing $9,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting VICTOR SIMONDS, Staff Attorney at (512) 239-6201, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GEORGE PICKETT DBA JOHNNIE'S, Docket No. 1999-0645-PST-E on February 12, 2001 assessing $17,500 in administrative penalties with $16,900 deferred.

Information concerning any aspect of this order may be obtained by contacting KELLY MEGO, Staff Attorney at (713) 422-8916, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JIM WELLS COUNTY FRESH WATER SUPPLY DISTRICT NO. 1, Docket No. 2000-0296-PWS-E on February 12, 2001 assessing $3,638 in administrative penalties with $10 deferred.

An agreed order was entered regarding HARBOR GROVE WATER SUPPLY CORP, Docket No. 2000-0890-PWS-E on February 12, 2001 assessing $3,313 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TERRY THOMPSON, Enforcement Coordinator at (512) 239-6095, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding WESTBOUND WATER SUPPLY CORPORATION, Docket No. 2000-0844-PWS-E on February 12, 2001 assessing $250 in administrative penalties with $50 deferred.

Information concerning any aspect of this order may be obtained by contacting KARA DUDASH, Enforcement Coordinator at (915) 698-9674, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding EAST RIO HONDO WATER SUPPLY CORPORATION, Docket No. 2000-0499-PWS-E on February 12, 2001 assessing $5,875 in administrative penalties with $1,175 deferred.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512) 239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ANDY KIRKPATRICK DBA MOON RIVER BAR & GRILL, Docket No. 2000-0686-PWS-E on February 12, 2001 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting KIMBERLY MCGUIRE, Enforcement Coordinator at (512) 239-4761, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ARCOLA AVIATION, INC., Docket No. 2000- 0806-PWS-E on February 12, 2001 assessing $313 in administrative penalties.

An agreed order was entered regarding BIG CEDAR COUNTRY CLUB, INC., Docket No. 2000-0732-PWS-E on February 12, 2001 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting CLINT PRUETT, Enforcement Coordinator at (512) 239-2042, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding POLY-AMERICA, INCORPORATED, Docket No. 2000-0850-MLM-E on February 12, 2001 assessing $9,500 in administrative penalties. with $1,900 deferred.

An agreed order was entered regarding THE HANOVER COMPANY, Docket No. 2000-0815-AIR-E on February 12, 2001 assessing $2,250 in administrative penalties with $450 deferred.

An agreed order was entered regarding TEJAS SHIP CHANNEL, LLC, Docket No. 2000-0935-AIR-E on February 12, 2001 assessing $2,500 in administrative penalties.

An agreed order was entered regarding E. M. COMBS DBA E. M.'S USED CARS AND TRUCKS, Docket No. 2000-0851-AIR-E on February 12, 2001 assessing $500 in administrative penalties with $100 deferred.

An agreed order was entered regarding NORTHWEST RECYCLING COMPANY, L.L.C., Docket No. 2000-0371-AIR-E on February 12, 2001 assessing $3,750 in administrative penalties.

An agreed order was entered regarding NUCOR CORPORATION DBA NUCOR VULCRAFT GROUP, GRAPELAND DIVISION, Docket No. 2000-0782-AIR-E on February 12, 2001 assessing $3,150 in administrative penalties with $630 deferred.

An agreed order was entered regarding WASTEQUIP, INC. DBA MAY FAB, Docket No. 2000-0950-AIR-E on February 12, 2001 assessing $1,875 in administrative penalties with $375 deferred.

An agreed order was entered regarding WEST TEXAS GAS, INC. DBA DAVIS GAS PROCESSING CO., Docket No. 2000-0949-AIR-E on February 12, 2001 assessing $7,500 in administrative penalties with $1,500 deferred.

Information concerning any aspect of this order may be obtained by contacting MARK NEWMAN, Enforcement Coordinator at (915) 655-9479, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding WEST TEXAS GAS, INC. DBA NELEH GAS SYSTEM, Docket No. 2000-0948-AIR-E on February 12, 2001 assessing $2,250 in administrative penalties with $450 deferred.

An agreed order was entered regarding CANYON PIPELINE CORPORATION, Docket No. 2000-1039-AIR-E on February 12, 2001 assessing $1,875 in administrative penalties with $375 deferred.

An agreed order was entered regarding DIAMOND FIBERGLASS FABRICATORS, INC., Docket No. 2000-0939-AIR-E on February 12, 2001 assessing $1,875 in administrative penalties with $375 deferred.

An agreed order was entered regarding FIXTURE EXCHANGE CORPORATION, Docket No. 2000-0775-AIR-E on February 12, 2001 assessing $7,500 in administrative penalties with $1,500 deferred.

An agreed order was entered regarding SUNBELT FRESHWATER SUPPLY DISTRICT, Docket No. 1999-1332-MWD-E on February 12, 2001 assessing $6,600 in administrative penalties.

An agreed order was entered regarding CITY OF KENDLETON, Docket No. 1999- 1398-MWD-E on February 12, 2001 assessing $10,125 in administrative penalties.

An agreed order was entered regarding U.S. DEPARTMENT OF THE INTERIOR SANTA ANA NATIONAL WILDLIFE REFUGE, Docket No. 1999-1530-MWD-E on February 12, 2001 assessing $5,000 in administrative penalties.

An agreed order was entered regarding PORT MANSFIELD PUBLIC UTILITY DISTRICT, Docket No. 2000-0325-MWD-E on February 12, 2001 assessing $2,500 in administrative penalties.

An amended agreed order was entered regarding ANDREWS TRANSPORT, INC., Docket No. 2000-0004-PST-E on February 12, 2001.

Information concerning any aspect of this order may be obtained by contacting DAN JOYNER, Staff Attorney at (512) 239-6366, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200101041

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 20, 2001

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

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 2, 2001 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 2, 2001 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: Acton Municipal Utility District; DOCKET NUMBER: 2000-0731-MWD-E; IDENTIFIER: Expired Water Quality Permit Numbers 11208-001 and 11415-001, Expired National Pollutant Discharge Elimination System (NPDES) Permit Numbers TX0105163 and TX0105155; LOCATION: Granbury, Hood County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(2) and NPDES Permit Number TX0105163, by failing to apply for a Texas Pollutant Discharge Elimination System (TPDES) permit prior to the April 30, 1999 expiration of NPDES Permit Numbers TX0105163 and TX0105155 and the January 9, 2000 expiration date of Water Quality Permit Number 11208-001 and the December 12, 1999 expiration date of Water Quality Permit Number 11415-001; and the Code, §26.121, by continuing to discharge wastewater to the waters in the state; PENALTY: $15,980; ENFORCEMENT COORDINATOR: Jayme Brown, (512) 239-1683; REGIONAL OFFICE: 1104 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(2) COMPANY: Mr. David Davis dba Agnes Dairy; DOCKET NUMBER: 2000-1142-AGR-E; IDENTIFIER: Water Quality Permit Number 03071; LOCATION: Springtown, Parker County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.31(a), Water Quality Permit Number 03071, and the Code, §26.121, by failing to prevent the discharge of wastewater from a waste storage pond; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Melinda Houlihan, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(3) COMPANY: Alliance Riggers and Constructors Ltd.; DOCKET NUMBER: 2000-1442-AIR-E; IDENTIFIER: Air Account Number EE-2011-B; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: steel erection and crane service; RULE VIOLATED: 30 TAC §115.252(2) and the Code, §382.085(b), by allowing the transfer of gasoline from a storage vessel with a Reid Vapor Pressure greater than 7.0 pounds per square inch absolute; PENALTY: $600; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(4) COMPANY: Jon A. Friend dba Besaw's Caf‚; DOCKET NUMBER: 2000-0755-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1011039; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(a) and (e)(2), §290.103(5), and the Code, §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis and provide public notice of the failure to collect and submit routine monthly bacteriological samples; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: The City of Boyd; DOCKET NUMBER: 2000-0989-MWD-E; IDENTIFIER: TPDES Permit Number 10131 001; LOCATION: Boyd, Wise County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10131-001, and the Code, §26.121, by failing to comply with the permitted limits; PENALTY: $3,000; ENFORCEMENT COORDINATOR: David VanSoest, (512) 239-0468; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(6) COMPANY: Bright Star Transport LLC; DOCKET NUMBER: 2000-1278-PST-E; IDENTIFIER: Enforcement Identification Number 15604; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: retail motor fuel dispensing station; RULE VIOLATED: 30 TAC §115.221 and the Code, §382.085(b), by failing to control the displaced vapors from the gasoline storage tank system during the transfer of gasoline; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Judy Fox, (817) 469-6750; REGIONAL OFFICE: 1104 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(7) COMPANY: Vincent Bustamante; DOCKET NUMBER: 2000-0791-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0056693; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: underground storage tank; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove or upgrade any existing underground storage tank (UST) system; 30 TAC §334.50(b)(1)(A) and (2), and the Code, §26.3475, by failing to monitor for releases of the UST system; 30 TAC §334.49(a) and the Code, §26.3475, by failing to protect the UST system from corrosion; 30 TAC §334.93(a) and (b), by failing to demonstrate financial responsibility; and 30 TAC §334.10(b)(1)(A), by failing to develop and maintain at the station all UST records; PENALTY: $20,000; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: Champion Window, Inc.; DOCKET NUMBER: 2000-1094-PWS-E; IDENTIFIER: PWS Number 1013073; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.42(b)(1), by failing to install mechanical chlorination equipment; 30 TAC §290.39(j), by failing to provide written notification prior to placing well number two into service; 30 TAC §290.46(f) and (n)(2), (formerly 30 TAC §290.46(f)(2) and (n)), by failing to maintain a chlorine residual log and provide an adequate and up-to-date distribution system map; 30 TAC §290.41(c)(1)(F), (3)(A), (J), (K), and (M), by failing to provide a sanitary easement, provide well completion data, provide well number two with a concrete sealing block, provide well number two with a screened casing vent, and provide a suitable sampling cock on the discharge pipe; 30 TAC §290.109(c)(2) and (g), and 30 TAC §290.122, (formerly 30 TAC §290.106(a)(1) and (e), and 30 TAC §290.103(5)), and the Code, §341.033(d), by failing to collect and submit routine monthly bacteriological samples and provide public notice of the bacteriological sampling violations; PENALTY: $3,813; ENFORCEMENT COORDINATOR: Jayme Brown, (512) 239-1683; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Continental Cabinets Manufacturing, Inc.; DOCKET NUMBER: 2000-0040-AIR-E; IDENTIFIER: Air Account Number DB-0621-J; LOCATION: Lancaster, Dallas County, Texas; TYPE OF FACILITY: cabinet manufacturing; RULE VIOLATED: 30 TAC §116.115(c) and the Code, §382.085(b), by failing to maintain proper records; and 30 TAC §106.4(c) and the Code, §382.085(b), by failing to properly maintain air pollution control devices; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Wendy Cooper, (817) 469-6750; REGIONAL OFFICE: 1104 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(10) COMPANY: Mr. Kemo Haddad dba Danny's Mart-Conoco; DOCKET NUMBER: 2000-0760-PST-E; IDENTIFIER: PST Facility Identification Number 0027517; LOCATION: Bedford, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC § 115.245(2) and the Act, §382.085(b), by failing to conduct the annual pressure decay test; 30 TAC §115.246(1), (5), and (6), and the Act, §382.085(b), by failing to maintain a copy of the California Air Resource Board Executive Order for the Stage II vapor recovery system (VRS), maintain a record of the results of testing conducted at the station, and maintain a daily inspection log; 30 TAC 115.248(1) and the Act, §382.085(b), by failing to ensure that at least one station representative received training and instruction in the operation and maintenance of the Stage II VRS; 30 TAC §334.7(d)(3), by failing to provide an amended registration for any change; 30 TAC §334.48(c), by failing to conduct inventory volume measurements; 30 TAC §334.49(e), by failing to maintain the required corrosion protection records; 30 TAC §334.50(b)(1)(A), (2)(A)(i)(III) and (ii), and the Code, §26.3475, by failing to ensure that all tanks are monitored for releases, test a line leak detector and have each pressurized line tests or monitored for releases; and 30 TAC §334.93(a) and (b), by failing to demonstrate financial responsibility; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(11) COMPANY: Enron Methanol Company; DOCKET NUMBER: 2000-1081-AIR-E; IDENTIFIER: Air Account Number HG-0713-S; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: methanol production; RULE VIOLATED: 30 TAC §101.6(b) and the Code, §382.085(b), by failing to list individual compounds or mixtures of contaminants and their estimated quantities in a non-reportable upset event; 30 TAC §113.120, 40 Code of Federal Regulations (CFR) Part 63, Subpart G, §63.152(c)(2)(ii)(B)(1), and the Code, §382.085(b), by failing to limit excursions to six excused occurrences; and 30 TAC §116.115(c), Air Permit Number 7694, Special Condition One, and the Code, §382.085(b), by failing to maintain carbon monoxide emissions and comply with the permitted limits for carbon monoxide and oxides of nitrogen; PENALTY: $20,325; ENFORCEMENT COORDINATOR: Faye Liu, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: Foam Fabricators, Inc.; DOCKET NUMBER: 2000-1177-AIR-E; IDENTIFIER: Air Account Number TA-0809-H; LOCATION: Keller, Tarrant County, Texas; TYPE OF FACILITY: foam molding packaging material; RULE VIOLATED: 30 TAC §116.115(b) and (c), Air Permit Number 35668, and the Code, §382.085(b), by failing to submit a report concerning the construction interruption of more than 45 days, failing to remove the rain caps from the vents, not venting pentane emissions to the boiler and not installing a temperature monitor on the combustion chamber, and perform stack tests; PENALTY: $4,840; ENFORCEMENT COORDINATOR: Wendy Cooper, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(13) COMPANY: Grimes County Municipal Utility District Number 1; DOCKET NUMBER: 2000-1195-PWS-E; IDENTIFIER: PWS Number 0930020; LOCATION: Navasota, Grimes County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to provide a recorded sanitary control easement on all land within 150 feet diameter of the well; PENALTY: $125; ENFORCEMENT COORDINATOR: James Jackson, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(14) COMPANY: City of Hamlin; DOCKET NUMBER: 2000-1235-PWS-E; IDENTIFIER: PWS Number 1270002; LOCATION: Hamlin, Jones County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(b), (formerly 30 TAC §290.105(b)), by exceeding the maximum contaminant level (MCL) for total coliform bacteria; 30 TAC §290.122(b), (formerly 30 TAC §290.103(5)), by failing to provide public notice for exceeding MCL for total coliform bacteria; and 30 TAC §290.109(c)(3), (formerly 30 TAC §290.106(b)(1)); PENALTY: $3,125; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(15) COMPANY: Mr. Zaki Niazi dba King Mart #4; DOCKET NUMBER: 2000-0520-PST-E; IDENTIFIER: PST Facility Identification Number 0028534; LOCATION: Porter, Montgomery County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.48(c), by failing to conduct inventory control; 30 TAC §334.49(a), by failing to protect the UST system from corrosion; 30 TAC §334.50(b)(1)(A) and (2), and the Code, §26.3475(c)(1), by failing to monitor USTs for release and provide proper release detection for the piping; 30 TAC §334.93(a) and (b), by failing to demonstrate financial responsibility; 30 TAC §115.241 and the Code, §382.085(b), by failing to install a Stage II VRS; and 30 TAC §334.22(a), by failing to pay outstanding UST and associated late fees; PENALTY: $13,750; ENFORCEMENT COORDINATOR: Trina Lewison, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(16) COMPANY: Lane Supply Company Incorporated; DOCKET NUMBER: 2000-0977-AIR-E; IDENTIFIER: Air Account Number TA-2084-T; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: structures for gasoline station manufacturing; RULE VIOLATED: 30 TAC § 116.110(a), §106.433(6)(A), Agreed Order Docket Number 96-1269-AIR-E, and the Code, §382.085(b) and §382.0518(a), by failing to obtain a permit or to meet the requirements for a Permit by Rule; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(17) COMPANY: Matbon, Incorporated; DOCKET NUMBER: 2000-1107-AIR-E; IDENTIFIER: Air Account Number 94-4825-R; LOCATION: Grand Prairie, Dallas County, Texas; TYPE OF FACILITY: sand and gravel operation; RULE VIOLATED: 30 TAC §116.110(a) and the Code, §382.085(b) and 382.0518(a), by failing to obtain a permit prior to beginning operations; and 30 TAC §101.20 and the Code, §382.085(b), by failing to conduct initial testing as required by 40 CFR §§60.8, 60.11 and 60.672; PENALTY: $6,500; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 469-6750; REGIONAL OFFICE: 1104 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(18) COMPANY: The City of Menard; DOCKET NUMBER: 2000-0810-MWD-E; IDENTIFIER: Water Quality Permit Number 0010345-001; LOCATION: Menard, Menard County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), the Code, §26.121, and Water Quality Permit Number 0010345-001, by exceeding the daily average biochemical oxygen demand (BOD), individual grab sample, and the dissolved oxygen concentration limit and failing to calibrate the automatic flow measuring device; 30 TAC §319.11(b) and (c), Water Quality Permit Number 0010345-001, and 30 TAC §305.125(1), and 40 CFR Part 136 §136.3(e), by failing to refrigerate BOD5 and total suspended solid samples and provide for flow measurements, equipment, installation, and procedures that conform to those prescribed in the Water Measurement Manual, United States Department of the Interior Bureau of Reclamation; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(19) COMPANY: The City of Mexia; DOCKET NUMBER: 2000-1012-MWD-E; IDENTIFIER: TPDES Permit Number 10222-001; LOCATION: Mexia, Limestone County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10222-001, and the Code, §26.121, by failing to comply with permitted effluent limits for flow, ammonia-nitrogen, and total suspended solids; PENALTY: $3,750; ENFORCEMENT COORDINATOR: John Mead, (512) 239-6010; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(20) COMPANY: Mary Morrow dba Monticello Mobile Home Park; DOCKET NUMBER: 2000-0707-PWS-E; IDENTIFIER: PWS Number 1840118; LOCATION: Springtown, Parker County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(B)(iv) and the Code, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection; 30 TAC §290.41(c)(1)(F), by failing to secure a sanitary control easement covering; 30 TAC §290.46(m), (n), (p) and (w), by failing to initiate a maintenance program to facilitate cleanliness, provide a map of the distribution system, inspect the ground storage and pressure tanks and provide a legible sign at each production, treatment, and storage facility; 30 TAC §290.42(e)(2) and (i), by failing to locate the point of chlorination ahead of the ground storage tank, ensure that all chemicals used in treatment of water conform to American National Standards Institution/National Sanitation Foundation Standard 60 and 61 for direct additives; 30 TAC §290.43(c)(3) and (4), (d)(9), and (e), by failing to provide the ground storage tank with a water level indicator, ensure that no more than three pressure tanks are installed at any one site, and a properly designed overflow pipe and enclose pump house with an intruder-resistant fence; and 30 TAC §290.41(c)(3)(J) and (K), by failing to provide well number one with a concrete sealing block and properly seal wellhead number two; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Shawn Stewart, (512) 239-6684; REGIONAL OFFICE: 1104 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(21) COMPANY: Overwraps Packaging, L.P.; DOCKET NUMBER: 2000-0684-AIR-E; IDENTIFIER: Air Account Number DB-1740-Q; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: flexographic printing and packaging; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 18182, and the Code, §382.085(b), by failing to operate the thermal oxidizer during normal operations of the plant; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(22) COMPANY: Oxy Vinyls, LP; DOCKET NUMBER: 2000-0097-AIR-E; IDENTIFIER: Air Account Number HG-0192-D; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(a), Air Permit Number 35280, and the Code, §382.085(b), by failing to maintain a maximum filling rate of 3,500 gallons per hour for each of the methanol tanks and maintain a maximum filling rate of 1,000 gallons per hour for the filling of drums; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Trina Lewison, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(23) COMPANY: Pioneer Natural Resources USA, Incorporated; DOCKET NUMBER: 2000-1388-AIR-E; IDENTIFIER: Air Account Number BE-0013-Q; LOCATION: Pawnee, Bee County, Texas; TYPE OF FACILITY: natural gas treating plant; RULE VIOLATED: 30 TAC §122.146(2) and the Code, §382.085(b), by failing to submit the Title V compliance certifications; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(24) COMPANY: Recycled Materials, Incorporated; DOCKET NUMBER: 2000-1109-AIR-E; IDENTIFIER: Air Account Number 94-4826-P; LOCATION: Grand Prairie, Dallas County, Texas; TYPE OF FACILITY: recycled crushing operation; RULE VIOLATED: 30 TAC §116.110(a) and the Code, §382.085(b) and §382.0518(a), by failing to obtain a permit to construct the plant and continuing to operate; and 30 TAC §101.20 and the Code, §382.085(b), by failing to conduct initial testing of the plant; PENALTY: $8,125; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 469-6750; REGIONAL OFFICE: 1104 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(25) COMPANY: Riderville Water Supply Corporation; DOCKET NUMBER: 2000-0943-PWS-E; IDENTIFIER: PWS Number 1830019; LOCATION: Carthage, Panola County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(ii) and (f)(4), by failing to meet the required total storage capacity of 200 gallons per connection and meet the minimum water system capacity requirement of 0.6 gallons per minute per connection; 30 TAC §290.46(j), by failing to perform customer service inspections; 30 TAC §290.46(d), (f)(2) and (3), and (i), by failing to maintain records of waterworks operations, record and maintain chlorine residual tests, maintain records of annual ground storage tank and pressure storage tank inspections, and adopt an adequate service agreement; and 30 TAC §290.43(c), by failing to provide the ground storage tank with a ladder; PENALTY: $1,125; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(26) COMPANY: Conrado Rivas; DOCKET NUMBER: 2000-0742-MSW-E; IDENTIFIER: Municipal Solid Waste Unauthorized Site Number 455150017; LOCATION: Santa Elena, Starr County, Texas; TYPE OF FACILITY: ranch land with unauthorized sludge disposal site; RULE VIOLATED: 30 TAC §330.5(a)(1), §312.4(a), and the Code, §26.121(a), by allowing the discharge of waste into or adjacent to waters in the state by allowing liquid waste to be deposited on his property; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Sandra Hernandez, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(27) COMPANY: Silica Products, Inc.; DOCKET NUMBER: 2000-0919-IWD-E; IDENTIFIER: TPDES Permit Number 03969 (Expired); LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: synthetic fused silica manufacturing; RULE VIOLATED: 30 TAC §305.125(1) and (2), TPDES Permit Number 03969, and the Code, §26.121, by failing to renew TPDES Permit Number 03969; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(28) COMPANY: Speedy Stop Food Stores, Ltd.; DOCKET NUMBER: 2000-1056-PST-E; IDENTIFIER: PST Facility Identification Number 26371; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.72(2), by failing to report unusual operating conditions of the UST; 30 TAC §334.74, by failing to conduct a release investigation and confirmation steps; 30 TAC §334.77(b), by failing to submit a report after release confirmation summarizing the initial abatement steps taken; 30 TAC §334.78, by failing to assemble and submit information for an initial site characterization; 30 TAC §334.80, by failing to conduct an investigation of a release; 30 TAC §334.7(f), by failing to provide adequate information; and the Code, §26.121, by failing to control the unauthorized discharge of gasoline; PENALTY: $22,000; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(29) COMPANY: Tejas Gas Pipeline, L.P.; DOCKET NUMBER: 2000-1115-AIR-E; IDENTIFIER: Air Account Number RG-0037-U; LOCATION: Refugio, Refugio County, Texas; TYPE OF FACILITY: gas compressor station; RULE VIOLATED: 30 TAC §§101.20(1), 116.110(a)(4), 106.512(3)(B), 40 CFR §60.8(a) and §60.335(b), and the Code, §382.085(b), by failing to properly conduct performance tests; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(30) COMPANY: Ms. Un Kyung Park dba Times Market #5; DOCKET NUMBER: 2000-0762-PST-E; IDENTIFIER: PST Identification Number 33841; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.7(d)(3), by failing to provide an amended registration; 30 TAC §334.10(b)(1)(B), by failing to have legible copies of all required records pertaining to the UST system; 30 TAC §334.48(c), by failing to conduct inventory control procedures; 30 TAC §334.51(b)(2)(C) and the Code, §26.3475, by failing to provide overfill prevention equipment; and 30 TAC §334.47(a)(2), by failing to permanently remove any existing UST system that was not brought into timely compliance; PENALTY: $6,800; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(31) COMPANY: Topsey Water Supply Corporation; DOCKET NUMBER: 2000-1058-PWS-E; IDENTIFIER: PWS Number 0500005; LOCATION: Copperas Cove, Coryell County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §.290.46(d)(2)(B), (formerly 30 TAC §290.46(f)(1)(B)), by failing to maintain an adequate chlorine residual; 30 TAC §290.45(f)(2), by failing to meet the agency's Minimum Water System Capacity Requirements; and 30 TAC §291.76, by failing to pay regulatory assessment fees; PENALTY: $613; ENFORCEMENT COORDINATOR: James Jackson, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(32) COMPANY: Gary Lucas dba Turf Estates Water System; DOCKET NUMBER: 2000-0888-PWS-E; IDENTIFIER: PWS Number 0710034; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §291.120(e)(2), by failing to conduct reduced monitoring tap sampling for lead and copper; PENALTY: $313; ENFORCEMENT COORDINATOR: Rebecca Cervantes, (512) 239-6095; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(33) COMPANY: Weatherford Aerospace, Incorporated; DOCKET NUMBER: 2000-0779-AIR-E; IDENTIFIER: Air Account Number PC-0077-R; LOCATION: Weatherford, Parker County, Texas; TYPE OF FACILITY: chemical milling job shop; RULE VIOLATED: 30 TAC §§113.100, 113.380, 113.190, 116.115(c), 40 CFR §§63.4, 63.6, 63.7, 63.9, 63.347(c)(1) and (e)(4), 63.743(b), 63.749(h)(2), and 63.753(a)(2), Air Permit Number 17473, and the Code, §382.085(b), by failing to provide a notification of compliance status, keep records of maintaining a final startup, shutdown, and malfunction plan, and perform initial performance testing for the carbon adsorption control system; PENALTY: $9,375; ENFORCEMENT COORDINATOR: Melinda Houlihan, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(34) COMPANY: Westwood Water Supply Corporation; DOCKET NUMBER: 2000-0947-MWD-E; IDENTIFIER: Wastewater Permit Number 11337-001; LOCATION: Jasper, Jasper County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), (5), and (11)(A) and (B), by failing to properly operate and maintain the wastewater treatment facility, accurately perform measurements on the staff gauge at the weir, comply with permitted effluent limitations, maintain records of sludge disposal, and report effluent violations; PENALTY: $5,125; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-200101028

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: February 20, 2001

Notice of Water District Applications

Petitioner filed a petition for creation of BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 23 with the Texas Natural Resource Conservation Commission (TNRCC). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TNRCC. The petition states that: (1) the petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the land to be included in the proposed district ; (3) the proposed District will contain approximately 542.817 acres located within Brazoria County, Texas; and (4) the proposed District is within the corporate boundaries of the City of Pearland, Texas, and is not within such jurisdiction of any other city. The petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the petitioners, from the information available at this time, that the cost of said project will be approximately $19,700,000.

Petitioners filed a petition for creation of GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 39 with the Texas Natural Resource Conservation Commission (TNRCC). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TNRCC. The petition states that: (1) the petitioners are owners of a majority in value of the land to be included in the proposed District; (2) the petitioner states that The Chase Manhattan Bank (formerly known as Chase Bank of Texas) as trustee for the Peter Montgomery Frost Irrevocable Trust is the only lienholder on the property to be included in the proposed district; (3) the proposed District will contain approximately 503.409 acres located within Galveston County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the city of League City, Texas, and is not within such jurisdiction of any other city. The petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the petitioners, from the information available at this time, that the cost of said project will be approximately $21,600,000.

The TNRCC may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the newspaper publication of this notice. The TNRCC may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the petitioner and the TNRCC Docket Number; (3) the statement "I/we request a contested case hearing"; and (4) a brief description of how you would be affected by the request in a way uncommon to the general public. You may also submit your proposed adjustments to the petition which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, contact the Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may contact the Office of Public Assistance, at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us. Persons with disabilities who plan to attend this hearing and who need special accommodations at the hearing should call the Office of Public Assistance at 1- 800-687-4040 or 1-800-RELAY-TX (TDD), at least one week prior to the hearing.

TRD-200101039

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 20, 2001

Notice of Water Rights Applications

MICHAEL AND FAYE HORTON, HORTON RANCH, P.O. Box 108, Mound, Texas, 76558, applicant, seeks a permit pursuant to Texas Water Code (TWC) §11.143, and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq. The applicants seek to divert and use not to exceed 60 acre-feet of water per annum at a maximum rate of 1.8 cfs (800 gpm) from the Leon River, Brazos River Basin for direct irrigation or diversion to an existing domestic and livestock reservoir for subsequent irrigation use. The reservoir has a surface area of 7.3 acres and a normal operating capacity of 48 acre-feet of water. Applicant seeks to irrigate 85 acres out of a 332.7 acre tract of land located in the Morris Moore Survey, Abstract No. 730, Coryell County, approximately 8 miles southeast of Gatesville, Texas and 2 miles northeast of Mound in Coryell County, Texas. Ownership of the land to be irrigated by the applicants is evidenced by a Warranty Deed recorded in Volume 595, Page 704, in the Official Records of Coryell County. The water will be diverted from the left bank of the Leon River from a point bearing S 35° W, 1800 feet from the northeast corner of the aforesaid survey, also being Latitude 31.65°N and Longitude 97.62°W.

ANTON BRANDL, JR. AND DOROTHY BRANDL, Route 3, Box 146A, El Campo, Texas 77437, applicants, seek a Water Use Permit pursuant to §11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq. The applicants seek authorization to divert and not to exceed 104.4 acre-feet of water per annum from a point on the west, or right bank of West Mustang Creek, tributary of Mustang Creek, tributary of the Navidad River, tributary of the Lavaca River, Lavaca River Basin, at a maximum diversion rate of 1.4 cfs (613 gpm), for irrigation of 72 acres of land out of two tracts totaling 98.6 acres in the Frank Page Survey, Abstract No. 479 and the H.A. Rogers Survey, Abstract No. 323, Wharton County. Ownership of the land to be irrigated is evidenced by a Warranty Deed recorded in Volume 615, page 749 of the Wharton County Deed Records. The diversion point is located S 69.7°E, 2903 feet from the northwest corner of the aforesaid Rogers Survey, also being 29.24°N Latitude and 96.35°W Longitude. Water diverted but not consumed will be returned to West Mustang Creek at a point located S 76°E, 2791 feet from the northwest corner of the aforesaid Rogers Survey, also being 29.245°N Latitude and 96.35°W Longitude. Applicants were the owners of Water Use Permit No. 4298 (A-4583) which expired on December 31, 1995 and authorized the diversion and use of 104.4 acre-feet of water per annum from the west, or right bank of West Mustang Creek at a maximum diversion rate of 1.4 cfs (613 gpm) for irrigation of 72 acres of land out of two tracts totaling 98.6 acres in Wharton County. The permit contained a special condition stating that water diverted but not consumed would be returned to West Mustang Creek. The applicants are included in a Compromise Settlement Agreement among the Lavaca Navidad River Authority (LNRA) and the Texas Water Development Board (TWDB), the owners of the water right for Lake Texana, and 16 other water right holders in the Lavaca River Basin upstream from Lake Texana. The agreement includes a statement that LNRA would not protest the conversion of applicants' term permit to a perpetual permit subject to the following conditions: 1. Diversion of water authorized under the permit is limited to those times when the level of Lake Texana is at or above 43.0 msl; and 2. Prior to initiating diversions, permittees must contact the South Texas Watermaster to verify the level of Lake Texana. Subsequent to the development of the settlement agreement, the Texas Natural Resource Conservation Commission staff determined that applications to convert term permits to perpetual water rights in the Lavaca River Basin upstream of Lake Texana should be accompanied by a demonstration that an alternate water supply source is available for irrigation use. The applicants have demonstrated that they have access to groundwater wells that could produce a total of 650 gallons of water per minute.

LAKESIDE COUNTRY CLUB, 100 Wilcrest Drive, Houston, Texas 77042, applicant seeks to amend Water Use Permit No. 5257, as amended, pursuant to §11.122, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §295.1, et seq. Water Use Permit No. 5257, as amended, authorizes Permittee to impound water in eight existing, interconnected off-channel reservoirs (referred to as Pond Nos. 1, 2, 3, 4, 5, 7, 8, and 9). Pond Nos. 1, 2, 3, 7, 8, and 9 are in the Christiana Williams Survey, Abstract No. 834; and Pond No. 5 is in the H. K. Lewis Survey, Abstract No. 42; and Pond No. 4 is in both of the aforementioned surveys in Harris County, Texas. Permittee is authorized to divert and use not to exceed 175 acre-feet of water per annum from Buffalo Bayou, tributary of the San Jacinto River, San Jacinto River Basin for in-place use in the authorized off-channel reservoirs and for subsequent diversion from Pond 9 to irrigate 70 acres of land out of several tracts totaling 211.61 acres in the aforesaid surveys located 14.5 miles west of Houston, Harris County, Texas. The priority date for this use is September 13, 1989. Permittee is also authorized to divert 160 acre- feet of water per annum from Buffalo Bayou for non-consumptive use to provide flow within an unnamed tributary of Buffalo Bayou for recreation (aesthetic) purposes. The priority date for this use is May 31, 1991. The diversion point on Buffalo Bayou is located on the east, or right bank of Buffalo Bayou, and is N 06.001°W, 9,003 feet from the southwest corner of the Fort Smith Survey, Abstract No. 1307, at maximum diversion rate of 2.67 cfs (1,200 gpm) in Harris County, Texas. The return flow for the non-consumptive use is located at a point on Buffalo Bayou, N 2°W, 10,000 feet from the southwest corner of the Fort Smith Survey, Abstract No. 1307, Harris County. This point is approximately 1,000 feet downstream of the authorized diversion point. Lakeside Country Club seeks to amend Water Use Permit No. 5257, as amended, to divert and use an additional 175 acre-feet of water per annum for irrigation use. The applicant is not requesting a change in the place of use, diversion point, or diversion rate.

WILLIAMS TERMINALS HOLDINGS, L. P., 12901 American Petroleum Road, Galena Park, Texas 77547, applicant, seeks a Water Use Permit pursuant to §11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq. The applicant seeks authorization to divert not to exceed 1540 acre-feet of water per annum from the Houston Ship Channel, San Jacinto River Basin, Harris County, at a point (Barge Dock 2) located Latitude 29.74°N, Longitude 95.20°W; also being S 75.36°W, 7,680 feet northwest from the southeast corner of the Harris & Wilson Survey, Abstract No. 31, Harris County; and at a point (Ship Dock 2) located Latitude 29.74°N, Longitude 95.12°W; also being S 77.71°W, 12,960 feet northwest from the southeast corner of the aforementioned survey; approximately 10 miles in an easterly direction from Houston, Texas. The water will be diverted at a maximum combined rate of 3.8 cfs (1700 gpm) and will be used for non-consumptive industrial purposes which consist of hydrostatic testing equipment of product storage tanks and pipelines, tank cleaning, and testing of fire protection equipment. Water diverted will be returned to the Houston Ship Channel from a permitted on-site wastewater treatment plant. The return point is at a point on the Houston Ship Channel that is S 43.25°E, 11, 600 feet north of the southeast corner of the Harris & Wilson Survey, Abstract No. 31; also being Latitude 29.74°N, Longitude 95.20°W. Accounting for evaporative and transmission losses, the estimated annual amount of return flow to this point is 1460 acre-feet of water.

Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions to the requested permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-200101038

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 20, 2001

Texas Department of Protective and Regulatory Services

Request for Proposal - Community Youth Development Fiscal Agents

The Texas Department of Protective and Regulatory Services (PRS), Division of Prevention and Early Intervention, is soliciting proposals for contractors to act as fiscal agents in providing educational, recreational, leadership, and enrichment services to at risk youth in 15 specified zip codes, through the Community Youth Development (CYD) program. The Request for Proposal (RFP) will be released on or about March 2, 2001.

Brief Description of Services: Services solicited under this RFP encompass the following: working closely with the local CYD Steering Committee, including attending regularly scheduled Steering Committee meetings; providing a program overview of monthly participation and expenditure status at regularly scheduled steering committee meetings; overseeing and facilitating, while working closely with the Steering Committee, the procurement of service providers (subcontractors); drawing up and finalizing subcontracts (which are subject to the approval of PRS); ensuring eligibility of participants and timely submittal of client registration forms to PRS; monitoring subcontractors fiscally and programmatically and ensuring quality services; working with the statewide CYD Training and Technical Assistance provider; providing a program project coordinator to facilitate communication between PRS, the Steering Committee, the Youth Advisory Committee (YAC), and service providers/subcontractors; collaborating with the Steering Committee to develop an effective community program with an array of services (which may or may not include direct service provision by the fiscal agent); and administration of the CYD program in a designated zip code(s).

The goal of the program is to prevent juvenile delinquency in selected communities with high occurrences of juvenile crime.

Mandatory Offerors' Conference: A representative or representatives of entities that intend to submit a bid for this service must attend one of the Offerors' Conferences listed below. It is strongly recommended that both the entity director/chief officer, along with the entity accountant or fiscal officer, attend the conference. The conferences are: Arlington, March 13, 2001; El Paso, March 14, 2001; Plainview, March 15, 2001; Austin, March 16, 2001; Houston, March 19, 2001; Harlingen, March 20, 2001.

Critical information will be provided at these conferences, and an offeror's proposal will not be accepted if a representative fails to attend one of the conferences listed above. For information regarding the specific times and locations of the offerors' conferences, please contact Jacqueline Gomez at 512-438-3253 or Marilyn Eaton at 512-821-4727.

Eligible Applicants: Eligible offerors include private, nonprofit and for-profit corporations, cities, counties, state agencies/entities, partnerships, and individuals. Historically Underutilized Businesses (HUBs), Minority Business and Women's Enterprises, and Small Businesses are encouraged to submit proposals.

Limitations: Funding of the selected proposals will be dependent upon available federal and/or state appropriations. PRS reserves the right to fund no proposal, or to fund successful proposals at a lesser dollar amount than the amounts indicated below. PRS reserves the right to reject any and all offers received in response to this RFP and to cancel this RFP if it is deemed in the best interest of PRS. PRS also reserves the right to re-procure this service.

Deadline for Proposals, Term of Contract, and Amount of Award: Proposals will be due April 17, 2001, at 2:00 p.m. The effective dates of contracts awarded under this RFP will be September 1, 2001, through August 31, 2002, at a maximum amount of $500,000 per designated zip code for the period. The bulk of the contract funds will be used for direct service delivery via subcontracts with local service providers. If contracts are renewed, funding will be reviewed annually with prescribed maximum funding levels each year.

Contact Person: Potential offerors may obtain a copy of the RFP on or about March 2, 2001. It is preferred that requests for the RFP be submitted in writing (by mail or fax) to: Marilyn Eaton, Mail Code E-541; c/o Jacqueline Gomez; Texas Department of Protective and Regulatory Services; P.O. Box 149030; Austin, Texas 78714-9030; Fax: 512-438-2031.

TRD-200101067

C. Ed Davis

Deputy Director, Legal Services

Texas Department of Protective and Regulatory Services

Filed: February 21, 2001

Public Utility Commission of Texas

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

On February 15, 2001, DVC Telecom 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 60204. Applicant intends to expand its geographic area to include the entire state of Texas.

The Application: Application of DVC Telecom for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 23687.

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 March 7, 2001. You may contact the commission's Customer Protection Division at (512) 936-7150. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7003. All correspondence should refer to Docket Number 23687.

TRD-200100977

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 16, 2001

Notice of Application for Approval of IntraLATA Equal Access Implementation Plan Pursuant to P.U.C. Substantive Rule §26.275

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on February 12, 2001, pursuant to P.U.C. Substantive Rule §26.275 for approval of an intraLATA equal access implementation plan.

Docket Number: Application of Web Fire Communications, Inc. for Approval of IntraLATA Equal Access Implementation Plan Pursuant to P.U.C. Substantive Rule §26.275. Docket Number 23674.

The Application: Web Fire Communications, Inc. (Web Fire) filed a proposed plan for implementing intraLATA equal access in the areas of the state in which the company is certified to provide local exchange service as required by order of the Federal Communications Commission and pursuant to P.U.C. Substantive Rule §26.275. Web Fire holds Service Provider Certificate of Operating Authority (SPCOA) Number 60276.

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 on or before March 12, 2001. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference docket number 23674.

TRD-200100973

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 16, 2001

Notice of Application for Approval of IntraLATA Equal Access Implementation Plan Pursuant to P.U.C. Substantive Rule §26.275

Docket Number: Application of ETEX Telecom for Approval of IntraLATA Equal Access Implementation Plan Pursuant to P.U.C. Substantive Rule §26.275. Docket Number 23675.

The Application: ETEX Telecom (ETEX) filed a proposed plan for implementing intraLATA equal access in the areas of the state in which the company is certified to provide local exchange service as required by order of the Federal Communications Commission and pursuant to P.U.C. Substantive Rule §26.275. ETEX holds Service Provider Certificate of Operating Authority (SPCOA) Number 60403.

TRD-200100974

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 16, 2001

Notice of Application for Approval of IntraLATA Equal Access Implementation Plan Pursuant to P.U.C. Substantive Rule §26.275

Docket Number: Application of WESTEX Telecom for Approval of IntraLATA Equal Access Implementation Plan Pursuant to P.U.C. Substantive Rule §26.275. Docket Number 23676.

The Application: WESTEX Telecom (WESTEX) filed a proposed plan for implementing intraLATA equal access in the areas of the state in which the company is certified to provide local exchange service as required by order of the Federal Communications Commission and pursuant to P.U.C. Substantive Rule §26.275. WESTEX holds Service Provider Certificate of Operating Authority (SPCOA) Number 60271.

TRD-200100975

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 16, 2001

Notice of Application for Approval of IntraLATA Equal Access Implementation Plan Pursuant to P.U.C. Substantive Rule §26.275

Docket Number: Application of FEC Communications, L.L.P. for Approval of IntraLATA Equal Access Implementation Plan Pursuant to P.U.C. Substantive Rule §26.275. Docket Number 23677.

The Application: FEC Communications, L.L.P. (FEC) filed a proposed plan for implementing intraLATA equal access in the areas of the state in which the company is certified to provide local exchange service as required by order of the Federal Communications Commission and pursuant to P.U.C. Substantive Rule §26.275. FEC holds Service Provider Certificate of Operating Authority (SPCOA) Number 60318.

TRD-200100976

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 16, 2001

Notice of Application for Waiver of Requirements in P.U.C. Substantive Rule §26.34

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of application on February 15, 2001, for waiver of requirements in P.U.C. Substantive Rule §26.34, Telephone Prepaid Calling Services.

Docket Title and Number: Application of Qwest Communications Corporation (Qwest) for Good Cause Waiver of Certain Requirements in P.U.C. Substantive Rule §26.34. Docket Number 23698.

The Application: P.U.C. Substantive Rule §26.34(e)(6) requires that prepaid service providers must be capable of providing customers certain call detail information upon verbal or written request. Qwest seeks waiver of §26.34(e)(6)'s requirement that it provide this information upon verbal request. Qwest states that because the information listed in P.U.C. Substantive Rule §26.34(e)(6) so significantly impacts the customer's privacy and property, and because Qwest operates in so many markets, and because prepaid cards are so easily transported from state to state, the only viable way to protect the privacy and property of its cardholders is through requiring written requests.

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 23698.

TRD-200101027

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 20, 2001

Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §26.25

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on February 14, 2001, for waiver of certain requirements of P.U.C. Substantive Rule §26.25, Issuance and Format of Bills.

Docket Title and Number: Application of MCIMetro Access Transmission Services, Inc (MCIm) for Temporary Waiver of Certain Provisions of the Bill Formatting Requirements in P.U.C. Substantive Rule §26.25. Docket Number 23684.

The Application: Rule §26.25 requires all certificated telecommunications utilities to comply with the bill format changes required by the rule on or before February 15, 2001. MCIm seeks a temporary waiver of P.U.C. Substantive Rule §26.25(e)(2) in so far as it requires that subtotals for basic local, optional local, and taxes for local service be on the first page or in a subsequent section dealing with local exchange telephone service. MCIm requests that the commission allow the company additional time to effect certain of the changes required by the rule and ensure complete compliance.

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 23684.

TRD-200101051

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 20, 2001

Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §26.25

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on February 16, 2001, for waiver of certain requirements of P.U.C. Substantive Rule §26.25, Issuance and Format of Bills.

Docket Title and Number: Application of Guadalupe Valley Telephone Cooperative, Inc. (Guadalupe Valley) for Temporary Waiver of Certain Provisions of the Bill Formatting Requirements in P.U.C. Substantive Rule §26.25. Docket Number 23700.

The Application: Rule 26.25 requires all certificated telecommunications utilities to comply with the bill format changes required by the rule on or before February 15, 2001. Guadalupe Valley seeks a temporary waiver of P.U.C. Substantive Rule §26.25(e)(8) regarding billing format for basic local service and optional local service categories. Guadalupe Valley requests that the commission allow the cooperative until May 1, 2001, to effect certain of the changes required by the rule and ensure complete compliance. Due to technical delays the cooperative has experienced with the contracted vendor, the cooperative has determined that it will not be able to complete the necessary billing system changes in order to properly calculate and populate the surcharges as required by the rule. Guadalupe Valley believes that the billing scheduled for May 1, 2001 will be correct and in compliance with the rule.

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 23700.

TRD-200101058

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 20, 2001

Public Notice of Amendment to Interconnection Agreement

On February 15, 2001, Southwestern Bell Telephone Company and Diamond Telco-Your Home Telephone Store, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 23692. 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 23692. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 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. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23692.

TRD-200101018

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 16, 2001

Public Notice of Amendment to Interconnection Agreement

On February 15, 2001, Southwestern Bell Telephone Company and Reitz Rentals, Inc. doing business as Southwest Teleconnect, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 23693. 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 23693. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by March 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.

TRD-200101019

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 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. Southwestern Bell Telephone Company's Application for Approval of LRIC Study for Maintenance of Service Charge for Private Line and Intrastate Access Services Pursuant to P.U.C. Substantive Rule §26.215 on or after February 26, 2001, Docket Number 23697.

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 23697. 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-200101020

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 16, 2001

Texas Department of Transportation

Notice of Public Hearing

Notice of Public Hearing: Pursuant to the Texas Coastal Waterway Act, Transportation Code, §51.006, the Texas Transportation Commission will conduct a public hearing to receive data, evidence, comments, views, and testimony concerning the acquisition, by donation, purchase, or condemnation, of property or an interest in property environmentally suitable for use as disposal sites for materials dredged from the main channel of the Gulf Intracoastal Waterway.

The location of the proposed site to be considered by the commission is more specifically described as follows:

Galveston County - one site of 215 acres more or less out of the Port Bolivar Townsite, in the Samuel Parr Survey, Abstract 162 and being out of that certain tract or parcel of land conveyed in the Trustee's Deed record under Film Code No. 014-48-2290 in the Office of the County Clerk.

The public hearing will be held at 9:00 A.M. on Thursday, March 29, 2001, in the First Floor Hearing Room, Dewitt C. Greer Building, 125 E. 11th Street, Austin, Texas. Any interested person may appear and offer comments or testimony, either orally or in writing. However, questioning of speakers or witnesses will be reserved exclusively to the commission as may be necessary to ensure a complete record. While any person with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the commission reserves the right to restrict testimony in terms of time or repetitive content.

Maps, environmental documentation, and other displays concerning the proposed site will be exhibited at the public hearing. Prior to the public hearing, information about the proposed site will be on file and available for inspection at the Texas Department of Transportation, Transportation Planning and Programming Division, 150 East Riverside Drive, Austin. To inspect this information, please contact Raul Cantu, Jr., P.E., at (512) 416-2344.

Information concerning benefits and services available to displacees under the Texas Department of Transportation's Relocation Assistance Program, and information about the site acquisition process are available at the Texas Department of Transportation, Right of Way Division, 118 East Riverside Drive, Austin, Texas. Please contact James Hutchinson at (512) 416-2837 for this information.

For further information, please contact Alvin R. Luedecke, Jr., P.E., Director of Transportation Planning and Programming, P.O. Box 149217, Austin, Texas 78714-9217, (512) 486-5000; or James Randall, P.E., Deputy Division Director, Transportation Planning and Programming, at (512) 486-5004.

TRD-200101044

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: February 20, 2001

Public Notice

Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.

For information regarding actions and times for aviation public hearings, please go to the following web site - http://www.dot.state.tx.us - click on Aviation, click on Aviation Public Hearing. Or, contact Karon Wiedemann, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4520 or 800 68 PILOT.

TRD-200100969

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: February 16, 2001