The Department of Aging and Disability Services (DADS) will hold a Pre-Application Orientation (PAO) for persons seeking to participate as a program provider in the Home and Community-Based Services (HCS) Program.

The PAO will be held at 8:45 a.m., Monday, June 5, 2006, in Austin, Texas at the J. J. Pickle Center. Persons wanting to attend the PAO must request a registration form by mail or by fax. Faxed requests must be made to (512) 438-5522. Mailed requests must be addressed to: Department of Aging and Disability Services; Tera Jones, Contract Specialist, Community Services, Contracts; P.O. Box 149030 MC W-517; Austin, Texas 78714-9030.

Note: All written requests must include first and last name along with a complete mailing address and a phone number. All requests must be legible.

Upon an applicant's written request, DADS will provide the applicant with information regarding the provider application, enrollment process, and a registration form for the PAO. To attend the PAO, an applicant must submit a completed registration form to DADS in a timely manner. DADS considers a completed registration form submitted in a timely manner only under the following conditions:

(1) If mailed via the U.S. Postal Service, the completed registration form bears a postmark date no later than May 8, 2006;

(2) if sent via a common or contract carrier, a receipt by the carrier shows that it was placed in the hands of the carrier no later than May 8, 2006; or

(3) if hand delivered, it is delivered directly to DADS, Community Services, Contracts Unit, 701 W. 51st Street, MC W-517, Austin, Texas, no later than May 8, 2006.

Persons requiring an interpreter for the deaf or hearing impaired or any other accommodation must contact Tera Jones at (512) 438-5428 or Michael J. Moore at (512) 438-2285, or by contacting the TTY phone line of the Texas Relay at 1-800-735-2988 at least 72 hours before the PAO. Tera Jones and Michael J. Moore may be contacted for any additional information concerning the PAO.

TRD-200600882

Phoebe Knauer

General Counsel

Department of Aging and Disability Services

Filed: February 17, 2006

Description. The Texas Education Agency (TEA) is notifying publishers of a second opportunity to submit for review early reading diagnostic instruments for the List of Grade 3 Early Reading Instruments . The original notice was published in the Texas Register on December 30, 2005 (30 TexReg 9036). Publishers who submitted instruments under the December 2005 notice do not need to resubmit materials. P.L. 107-110, Title I, Part B, Subpart 1 of the Elementary and Secondary Education Act, as amended by the No Child Left Behind Act of 2001, CFDA #84.357, authorizes the commissioner of education to develop recommendations for school districts to administer early reading instruments to diagnose student reading skill and comprehension development.

Under P.L. 107-110, Title I, Part B, Subpart 1 of the Elementary and Secondary Education Act, as amended by the No Child Left Behind Act of 2001, CFDA #84.357, the TEA shall adopt a list of Grade 3 early reading instruments that districts and charters may use to diagnose reading skill and comprehension development. Reading instruments placed on the list must be based on scientific research, evaluate individual student reading progress, and be used to determine students at risk for dyslexia or other reading difficulties. The list of reading instruments must also provide for diagnosing the reading development and comprehension of students participating in a program under Texas Education Code, Chapter 29, Subchapter B (Bilingual Education and Special Language Programs).

Program Requirements. Since May 2003, some school districts and charter schools have been required to administer Grade 3 early reading instruments. Results from the early reading instruments are used to inform instruction and place students at risk for reading difficulties, including dyslexia, in Accelerated Reading Instruction intervention programs. The list of early reading instruments will be made available so that school districts and charter schools may order instruments for the 2006-2007 and 2007-2008 school years. Once an instrument is selected for the 2006-2007 and 2007-2008 List of Grade 3 Early Reading Instruments , it will remain on the list for two years unless the approved test is no longer available from the publisher or the publisher decides to submit an updated version of the instrument. Under these circumstances, the instrument must be resubmitted for review.

Publishers of early reading instruments that were selected prior to the 2005-2006 Commissioner's List of Early Reading Instruments need to resubmit tests.

Selection Criteria. Publishers will be responsible for submitting tests that they wish to be reviewed for consideration for inclusion on the 2006-2007 and 2007-2008 List of Grade 3 Early Reading Instruments . All tests submitted for review must be based on scientific research and must meet the state criteria for reliability and validity.

Instruments will be evaluated in terms of validity, reliability, cost-effectiveness, and ease of administration/implementation by the classroom teacher. Reading instruments (English and Spanish) submitted for review must address at least one of the following five domains: (1) phonological awareness; (2) graphophonemic knowledge; (3) word reading; (4) oral reading accuracy; and (5) comprehension of text, as appropriate for Grade 3.

Materials must be submitted to the attention of Dr. David Francis; Texas Institute for Measurement, Evaluation, and Statistics; University of Houston; 100 TLCC Annex; Houston, Texas 77204-6022 by 5:00 p.m. (Central Time), Monday, March 27, 2006, to be considered for inclusion on the List of Grade 3 Early Reading Instruments . A detailed list of the contents of each box submitted must be included on or attached to the packing slip.

TRD-200600934

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: February 22, 2006

Description. The Texas Education Agency (TEA) is notifying organizations that personal financial literacy materials for use in high school economics courses may be submitted for review. Approved materials will be added to the List of Approved Personal Financial Literacy Materials for use by schools beginning with the 2006-2007 school year. Texas Education Code (TEC), §28.002, authorizes the State Board of Education to approve materials for use in courses meeting a requirement for an economics credit under TEC, §28.025.

Program Requirements. Materials submitted for review may include any of the following areas of instruction: understanding interest; avoiding and eliminating credit card debt; understanding the rights and responsibilities of renting or buying a home; managing money to make the transition from renting a home to home ownership; starting a small business; being a prudent investor in the stock market and using other investment options; beginning a savings program and planning for retirement; bankruptcy; the types of bank accounts available to consumers and the benefits of maintaining a bank account; balancing a checkbook; the types of loans available to consumers and becoming a low-risk borrower; understanding insurance; and/or charitable giving.

Selection Criteria. Organizations will be responsible for submitting materials that they wish to be reviewed for consideration for inclusion on the List of Approved Personal Financial Literacy Materials . All materials submitted for review must satisfy at least one of the areas of instruction in the preceding list and must be submitted with a verification of the extent to which the areas are covered in the materials. The verification form may be downloaded from the TEA website at http://www.tea.state.tx.us/curriculum/social/verify.doc.

Materials must be submitted to Michelle Ungurait, Director, Social Studies, Texas Education Agency, Room 3-121, 1701 North Congress Avenue, Austin, Texas 78701 by 5:00 p.m. (Central Time), Monday, April 10, 2006, to be considered for inclusion on the List of Approved Personal Financial Literacy Materials .

TRD-200600935

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: February 22, 2006

Description. In order to provide school districts with sufficient assessment options for identification, placement, and exit of limited English proficient students, the Texas Education Agency (TEA) is notifying assessment publishers of a second opportunity to submit proficiency assessments and/or achievement tests for review for the List of State Approved Tests for the Assessment of Limited English Proficient Students . The original notice was published in the Texas Register on January 6, 2006 (31 TexReg 193).

Texas Education Code (TEC), §29.056(a)(2), authorizes TEA to compile a list of approved assessments for the purposes of identifying students as limited English proficient for entry into or exit from bilingual education and/or special language programs; annually assessing oral language proficiency in English and Spanish; and measuring reading and writing proficiency in English and Spanish for program placement. The state-approved tests placed on the list must be based on scientific research and must measure oral language proficiency in listening and speaking in English and Spanish from Prekindergarten (PK) to Grade 12. Assessments must also measure reading and writing in English and Spanish from PK to Grade 12. Reading and writing assessments indicate placement in the bilingual/English as a Second Language (ESL) program and are not for entry purposes.

Norm-referenced standardized achievement tests in English will be used for identification, entry into and exit from programs, and may be used for formative assessments.

Norm-referenced standardized achievement tests in Spanish may be used for placement purposes only. All tests to be included on the List of State Approved Tests for the Assessment of Limited English Proficient Students must be re-normed every six years to meet the criteria specified in TEC, §39.032, which requires that standardization norms not be more than six years old at the time the test is administered. The 2006-2007 List of State Approved Tests for the Assessment of Limited English Proficient Students will be in effect only for the 2006-2007 school year. Assessments must be resubmitted annually to undergo the review process even if they have been approved in prior years.

The Assessment Committee, comprised of educators from throughout the state and TEA staff, will review and approve the 2006-2007 List of State Approved Tests for Assessment of Limited English Proficient Students . The Assessment Committee may choose to change the criteria and/or effective dates at a future time.

Selection Criteria. Assessment publishers will be responsible for submitting tests that they wish to be reviewed for consideration for inclusion on the 2006-2007 List of State Approved Tests for Assessment of Limited English Proficient Students . All tests submitted for review must be based on scientific research and must measure oral language proficiency in listening and speaking in English and Spanish from PK to Grade 12. Assessments must measure reading and writing in English and Spanish from PK to Grade 12 and must meet the state criteria for reliability and validity. Therefore, technical manuals must also be submitted. Assessments must also measure specific proficiency levels in oral language, reading, and writing in both English and Spanish. Assessment instruments (English and Spanish) submitted for review will be grouped in the following categories: (1) Oral Language Proficiency Tests in English in Listening and Speaking domains; (2) Oral Language Proficiency Tests in Spanish in Listening and Speaking domains; (3) Reading and Writing Proficiency in English; (4) Reading and Writing Proficiency in Spanish; and (5) Ability Tests/Gifted and Talented. Publishers are not required to submit proposals for all categories.

Proposals must be submitted and presented on May 1, 2006, to be considered for inclusion on the List of State Approved Tests for the Assessment of Limited English Proficient Students . Assessment publishers will be required to attend the review of the assessments on May 1, 2006, which will be held at the William B. Travis Building, Room 1-111, 1701 North Congress Avenue, Austin, Texas. At the review, publishers must present complete official copies of sample tests in English and Spanish with comprehensive explanations that include scoring information; norming data consisting of ethnicity, gender, grade level, and geographic region; and technical manuals with validity and reliability information. Only materials presented on May 1, 2006, will be considered for approval. Any materials and/or revisions submitted after the deadline cannot be reviewed until the following year.

Further Information. For clarifying information, contact Georgina Gonzalez, Director of Bilingual/ESL, or Susie Coultress, Assistant Director of Bilingual/ESL, Texas Education Agency, (512) 475-3555.

TRD-200600932

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: February 22, 2006

Notices mailed February 17 through February 22, 2006:

TCEQ Internal Control No. 01272006-D06; Saltgrass 300, Ltd. (Petitioner) filed a petition for creation of Galveston County Municipal Utility District No. 68 (District) with the Texas Commission on Environmental Quality (TCEQ). 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 TCEQ. The petition states the following: (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 property to be included in the proposed District; (3) the proposed District will contain approximately 229.34 acres of land located in Galveston County, Texas; and (4) the proposed District is within the corporate boundaries of the City of La Marque, Texas. By Ordinance No. 952, effective November 25, 2005, the City of La Marque, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain and operate a waterworks and sanitary sewer system for municipal, domestic, industrial and commercial purposes; (2) acquire, construct, operate and maintain a system to gather, conduct, divert, and control local storm water or other local harmful excesses of water within the District; and (3) purchase, acquire, construct, own, lease, extend, improve, operate, maintain, and repair such additional improvements, facilities, plants, equipment, and appliances consistent with the purposes for which the District is organized, all as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $10,300,000.

TCEQ Internal Control No. 07282005-D01; Becker Road LP (Petitioner) filed a petition for creation of Harris County Municipal Utility District No. 434(District) with the Texas Commission on Environmental Quality (TCEQ). 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 TCEQ. The petition states the following: (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 lien holders, on the property to be included in the proposed District; (3) the proposed District will contain approximately 523.997 acres located in Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 2005-290, effective March 30, 2005, the City of Houston, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain and operate a waterworks and sanitary sewer system for municipal, domestic, industrial and commercial purposes; (2) acquire, construct, operate and maintain a system to gather, conduct, divert, and control local storm water or other local harmful excesses of water within the District; (3) purchase, acquire, construct, own, lease, extend, improve, operate, maintain, and repair such additional improvements, facilities, plants, equipment, and appliances consistent with the purposes for which the District is organized, all as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $79,500,000.

INFORMATION SECTION

The TCEQ may grant a contested case hearing on a petition if a written hearing request is filed within 30 days after the newspaper publication of the 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 TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition. 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.

The Executive Director may approve a petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of the notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. 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, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team at 1-512-239-4691. Si desea información en Español, puede llamar al 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200600938

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 22, 2006

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 3, 2006 . The commission will consider any written comments received; and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P. O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 3, 2006 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: Abdul Kanzani dba Super Maks Grocery; DOCKET NUMBER: 2004-0452-PST-E; TCEQ ID NUMBERS: 011207 and RN101742963; LOCATION: 3370 Concord Road, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(1), and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain a copy of the California Air Resources Board (CARB) Executive Order(s) for the Stage II Vapor Recovery System and any related components installed at the facility; 30 TAC §334.8(c)(5)(C), by failing to permanently tag, label, or mark the underground storage tank (UST) system with an identification number listed on the UST registration and self-certification form; 30 TAC §334.10(b), by failing to have UST operational records available for inspection or to provide the records upon request by authorized agency personnel; 30 TAC §334.50(b)(1)(A), and TWC, §26.3475(c)(1), by failing to monitor for releases at a frequency of at least once every month not to exceed 35 days between each monitoring; and 30 TAC §334.50(d)(1)(B)(ii), and TWC, §26.3475(c)(1), by failing to reconcile the inventory control records on a monthly basis which were sufficiently accurate to detect a release as small as the sum of 1% of the total substance flow-through for the month plus 130 gallons; PENALTY: $13,950; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(2) COMPANY: Birdsong Fuels & Services, L.L.C.; DOCKET NUMBER: 2005-1524-PST-E; TCEQ ID NUMBERS: 49027 and RN101813616; LOCATION: 860 Interstate Highway 10 South, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; and 30 TAC §334.22(a), and TWC, §5.702, by failing to pay outstanding UST fees; PENALTY: $2,800; STAFF ATTORNEY: Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(3) COMPANY: F.K. Corporation dba Mr. JR's Grocery; DOCKET NUMBER: 2005-0824-PST-E; TCEQ ID NUMBERS: 25383 and RN103134680; LOCATION: 4627 North Highway 146, Baytown, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum USTs; and 30 TAC §334.22(a), and TWC, §5.702, by failing to pay UST fees for TCEQ Account Number 004675U for the Fiscal Year 2005, and associated late fees; PENALTY: $4,200; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Garry Hardin; DOCKET NUMBER: 2005-1386-LII-E; TCEQ ID NUMBER: RN103428488; LOCATION: 3316 Muleshoe Lane, Fort Worth and 6501 Cassia Way, Arlington, Tarrant County, Texas; TYPE OF FACILITY: landscape irrigation; RULES VIOLATED: 30 TAC §344.4(a) and §30.5(a) and (b), TWC, §37.003, and Texas Occupations Code, §1903.251, by failing to hold an irrigator license prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system; PENALTY: $750; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Mike Strozdas dba Best Landscape & Sprinkler; DOCKET NUMBER: 2003-0578-LII-E; TCEQ ID NUMBER: RN103492039; LOCATION: 6110 Rolling Forest, San Antonio, Bexar County, Texas; TYPE OF FACILITY: landscape irrigation; RULES VIOLATED: 30 TAC §30.5(b) and §344.4(a), and TWC, §34.007(a), by failing to obtain the required license from the commission prior to the sale and installation of a landscape irrigation system at a residence; PENALTY: $1,463; STAFF ATTORNEY: Shana Horton, Litigation Division, MC 175, (512) 239-1088; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(6) COMPANY: Robbie Mosley; DOCKET NUMBER: 2005-0848-PST-E; TCEQ ID NUMBERS: 15644 and RN101830685; LOCATION: Northwest corner of United States Highways 70 and 385, Springlake, Lamb County, Texas; TYPE OF FACILITY: out-of-service gasoline station; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; 30 TAC §334.50(a)(1)(A), and TWC, §26.3475(a) and (c)(1), by failing to provide a method of release detection which was capable of detecting a release from any portion of the UST system which contained regulated substances; 30 TAC §334.7(d)(3), and TWC, §26.346, by failing to amend, update, or change UST registration information; and 30 TAC §334.49(a), and TWC, §26.3475(d), by failing to protect the system from corrosion so as to ensure that releases due to corrosion were prevented; PENALTY: $7,200; STAFF ATTORNEY: Rebecca Davis, Litigation Division, MC 175, (512) 239-5487; REGIONAL OFFICE: Lubbock Regional Office, 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(7) COMPANY: Tor Tenax, Inc. dba Amigos 2; DOCKET NUMBER: 2005-0314-PST-E; TCEQ ID NUMBER: RN102345741; LOCATION: 2001 Fredericksburg Road, San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(5)(C), by failing to permanently affix a label or tag to each UST fill tube with an identification number that corresponds to the UST identification number listed on the Self-Certification and Registration Form filed with the commission on all three USTs; 30 TAC §334.45(c)(3)(A), by failing to have all emergency shut off valves securely anchored at the base of each aboveground dispensing unit for all three USTs; 30 TAC §334.50(a)(1)(A), (b)(1)(A), (2), and (i)(III), and TWC, §26.3475(a) and (c)(1), by failing to provide a method of release detection on the UST system for all tanks and piping, including failing to test the line leak detection system on an annual basis; 30 TAC §334.49(c)(4)(C), and TWC, §26.3475(d), by failing to inspect and test the corrosion protection system within three to six months after installation and at least once every three years thereafter and could not demonstrate that the corrosion protection system had ever been properly tested; and 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $10,500; STAFF ATTORNEY: Amie Richardson, Litigation Division, MC 175, (512) 239-2999; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(8) COMPANY: Vernco Construction, Inc.; DOCKET NUMBER: 2005-0882-EAQ-E; TCEQ ID NUMBER: RN104537261; LOCATION: 18833 Redland Road, San Antonio, Bexar County, Texas; TYPE OF FACILITY: concrete contractor site; RULES VIOLATED: 30 TAC §213.4(a)(1), by failing to file and obtain the executive director's approval of an Edwards Aquifer protection plan prior to commencing the construction of a regulated activity on approximately one acre located on the Edwards Aquifer Recharge Zone; PENALTY: $37,500; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-200600922

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: February 21, 2006

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 3, 2006 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P. O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 3, 2006 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1) COMPANY: AGA Enterprises, Inc.; DOCKET NUMBER: 2003-1188-PST-E; TCEQ ID NUMBERS: 54159 and RN102041571; LOCATION: 7120 IH-10, Orange, Orange County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to amend, update, or change registration information; 30 TAC §334.50(b)(1)(A), (b)(2)(A), and (i)(III), and TWC, §26.3475(c), by failing to monitor the underground storage tank (UST) system for releases at least once per month, conduct the annual performance and operation reliability test on the line leak detector, and monitor the UST piping for possible releases; 30 TAC §115.245(2), and Texas Health and Safety Code (THSC), §382.085(b), by failing to successfully complete the annual pressure decay test for the Stage II vapor recovery equipment installed at the station; 30 TAC §115.246(4) and (5), and THSC, §382.085(b), by failing to maintain Stage II training records at the station; 30 TAC §334.8(c)(5)(A)(iii), by failing to ensure a valid delivery certificate is posted at the station and is visible at all times; 30 TAC §§115.222(3), 115.242(4), and 334.72(2), and THSC, §382.085(b), by failing to detect a gasoline leak in the plus line underneath the dispenser on pump number three; 30 TAC §115.244(3), and THSC, §382.085(b), by failing to conduct monthly inspections of the Stage II vapor recovery system; 30 TAC §115.242(3)(J), and THSC, §382.085(b), by failing to repair inoperative Stage I dry break on the unleaded tank; and 30 TAC §334.50(d)(1)(B)(ii), by failing to reconcile inventory control records at least once each month sufficiently accurate to detect a release which equals or exceeds the sum of 1.0% of the total substance flowthrough for the month plus 130 gallons; PENALTY: $13,000; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(2) COMPANY: Carl W. Wright dba Rayburn Tackle; DOCKET NUMBER: 2005-0490-PST-E; TCEQ ID NUMBERS: 26827 and RN101869360; LOCATION: Rural Route 1, Box 754, Brookeland, Sabine County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(2)(C) and (4), and TWC, §26.3475(d), by failing to inspect the impressed current cathodic protection system at least once every 60 days and by failing to test the system at least once every three years for proper operability; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a TCEQ delivery certificate by timely and proper submission of a new UST and Self- Certification form to the agency; and 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before the delivery of a regulated substance into a UST system; PENALTY: $3,375; STAFF ATTORNEY: Amie Richardson, Litigation Division, MC 175, (512) 239-2999; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(3) COMPANY: City of Yorktown; DOCKET NUMBER: 2003-0115-MWD-E; TCEQ ID NUMBERS: 10323-001 and RN103025805; LOCATION: approximately 0.7 miles southeast of the intersection of State Highway 72 and State Highway 119 at the end of Ekhardt Street, Yorktown, De Witt County, Texas; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a), and Texas Pollutant Discharge Elimination System (TPDES), Permit Number 10323-001, Effluent Limitations and Monitoring Requirement Numbers 1 and 6 (the Permit), by failing to comply with permitted discharge limitations for Outfall 001; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(4) COMPANY: Cowtown Enterprises, Inc. dba Cowtown RV Park; DOCKET NUMBER: 2005-1088-PWS-E; TCEQ ID NUMBERS: 1840123 and RN101222792; LOCATION: Aledo, Parker County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and (g)(4), and THSC, §341.033(d), by failing to submit routine bacteriological samples and by failing to provide public notice; PENALTY: $1,875; STAFF ATTORNEY: Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Orange Crush Recyclers Management, L.L.C.; DOCKET NUMBER: 2004-0196-AIR-E; TCEQ ID NUMBER: RN103081394; LOCATION: 10801 Spangler Road, Dallas, Dallas County, Texas; TYPE OF FACILITY: rock crushing plant; RULES VIOLATED: 30 TAC §116.110(a)(1), and THSC, §382.085(b) and §382.085(a), by failing to obtain a permit or satisfy the conditions of a permit by rule to construct and operate a rock crusher; PENALTY: $80,000; STAFF ATTORNEY: Amie Richardson, Litigation Division, MC 175, (512) 239-2999; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Pearl's L.L.C. dba Angels Gas & Grocery; DOCKET NUMBER: 2004-1510-PST-E; TCEQ ID NUMBERS: 62344 and RN102345139; LOCATION: 2906 North Main Street, Baytown, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(B), and TWC, §26.346(a), by failing to submit a petroleum storage tank (PST), self-certification form; 30 TAC §334.8(c)(5)(A)(iii), and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before deliveries of a regulated substance into the USTs were accepted on December 23 and 28, 2003, January 2, 2004, February 19, 23, and 28, 2004, and March 8, 2004; 30 TAC §334.10(b), by failing to develop and maintain all UST records for review; and 30 TAC §115.245(1)(A), and THSC, §382.085(b), by failing to successfully meet the performance criteria proper to the Stage II vapor recovery system by successfully completing the following testing requirements using the test procedures found in the Vapor Recovery Test Procedures Handbook (RG-399, November 2002); PENALTY: $4,200; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-0972; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: R & B Scobee's Mini Mart #3, Inc. dba R & B Scobee's Mini Mart 3; DOCKET NUMBER: 2004-1160-PST-E; TCEQ ID NUMBERS: 37308 and RN101883676; LOCATION: 914 West Kramer Road, Burkburnett, Wichita County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(5)(A)(iii), by failing to ensure that the TCEQ delivery certificate was posted at the facility and was clearly visible at all times; 30 TAC §334.8(c)(4)(A)(vii), and TWC, §26.346(a), by failing to ensure timely renewal of a TCEQ delivery certificate; 30 TAC §334.8(c)(5)(A)(i), and TWC, §26.3467(a), by failing to ensure that a valid TCEQ delivery certificate was made available before accepting delivery of a regulated substance into its USTs; 30 TAC §334.7(a)(1), by failing to register all its USTs correctly with the commission; 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of the USTs; and 30 TAC §334.50(b)(2)(A)(i)(III), and TWC, §26.3475(a), by failing to conduct annual performance testing of the line leak detectors; PENALTY: $11,100; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(8) COMPANY: Robert Wilson dba Brenham South Mobile Home Park; DOCKET NUMBER: 2004-1387-PWS-E; TCEQ ID NUMBERS: 2390047 and RN101202232; LOCATION: 300 Bilski Lane, off of State Highway 36, approximately 3.6 miles south of United States Highway 290, Brenham, Washington County, Texas; TYPE OF FACILITY: public water supply facility; RULES VIOLATED: 30 TAC §290.110(b)(4), by failing to maintain the residual disinfectant concentration within the farthest reaches of the distribution system at a minimum of 0.2 milligrams per liter (mg/L) free chlorine as required; 30 TAC §290.42(e)(5), by failing to properly seal the hypochlorination solution container to prevent the entrance of dust, insects, and other contaminants; 30 TAC §290.46(i), by failing to provide a plumbing ordinance or service agreement; 30 TAC §290.46(c)(1)(F), by failing to have the required sanitary control easement covering all property within 15 feet of the well; 30 TAC §290.46(h), by failing to have calcium hypochlorite; 30 TAC §290.46(t), by failing to post a legible sign at the water plant; 30 TAC §290.46(m), by failing to initiate a maintenance program to ensure the reliability and general appearance of all regulated facilities and reduce costly repairs due to a lack of proper maintenance; 30 TAC §290.42(m), by failing to provide each water treatment plant and all appurtenances with an intruder-resistant fence in order to protect the well and pressure tank; 30 TAC §290.46(f)(2), by failing to make water system records accessible for review at the time of the investigation; 30 TAC §290.46(m)(4), by failing to maintain the pressure tank and related piping in a watertight condition; 30 TAC §290.45(b)(1)(A)(i), by failing to provide adequate well production capacity of 1.5 gallons per minute (GPM) per connection; 30 TAC §290.45(b)(1)(A)(ii), by failing to provide adequate pressure tank capacity of 50 gallons per connection; 30 TAC §290.42(1), by failing to provide a plant operation manual; 30 TAC §290.121(a), by failing to maintain adequate up-to-date chemical and microbiological monitoring plan; and 30 TAC §290.51(a)(3), and TWC, §5.702, by failing to pay the public health service fee for Fiscal Year 2004, for Financial Administration Account Number 92390047; PENALTY: $2,096; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(9) COMPANY: Salim M. Jaffer dba Market Shamrock; DOCKET NUMBER: 2004-1709-PST-E; TCEQ ID NUMBERS: 66266 and RN102237336; LOCATION: 1802 West Market Street, Rockport, Aransas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance to taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of USTs; PENALTY: $2,100; STAFF ATTORNEY: Courtney Hill, Litigation Division, MC 175, (512) 239-2436; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(10) COMPANY: Shiloh Ridge Property Owners Association; DOCKET NUMBER: 2004-0557-PWS-E; TCEQ ID NUMBERS: 1870082 and RN101215549; LOCATION: Livingston, Polk County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.45(b)(1)(C)(ii) and (iii), and THSC, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection and two or more pumps having a total capacity of 2.0 GPM per connection; 30 TAC §290.46(r), by failing to provide a minimum pressure of 35 pounds per square inch throughout the distribution system under normal operating conditions and a minimum pressure of 20 pounds per square inch during emergencies; 30 TAC §290.46(f)(3)(A)(iv), by failing to retain for at least two years the dates that dead-end mains were flushed each month; 30 TAC §290.110(b)(4), by failing to maintain a minimum residual disinfectant concentration in the far reaches of the distribution system at a minimum of 0.2 mg/L, free chlorine or 0.5 mg/l chloramine; 30 TAC §290.46(d)(2), by failing to provide disinfection equipment capable of satisfactory operation; and 30 TAC §290.45(b)(1)(C)(iv), by failing to provide either elevated storage capacity of 100 gallons per connection or a pressure tank capacity of 20 gallons per connection; PENALTY: $2,468; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(11) COMPANY: The City of Gustine; DOCKET NUMBER: 2002-1324-MWD-E; TCEQ ID NUMBERS: 10841-001 and RN102178654; LOCATION: two miles east of the intersection of State Highway 36 and Farm-to-Market Road 1476, Gustine, Comanche County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: TWC, §26.121, 30 TAC §305.125(1), and TPDES Permit Number 10841-001, Final Effluent Limitations and Monitoring Requirements, by failing to comply with permitted discharge limitations; PENALTY: $16,150; STAFF ATTORNEY: Deborah A. Bynum, Litigation Division, MC 175, (512) 239-1976; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(12) COMPANY: Toko Foko Inc. dba MSM Food Mart; DOCKET NUMBER: 2004-1785-PST-E; TCEQ ID NUMBERS: 49985 and RN102029402; LOCATION: 6013 North Farm-to-Market Road 565, Baytown, Chambers County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §§115.246(6), 115.244(3), and 334.10(b)(1)(B), and THSC, §382.085(b), by failing to maintain a record of the results of the daily and monthly Stage II inspections conducted at the station and failing to maintain UST records pertaining to spill and overfill control records and corrosion protection records; 30 TAC §334.50(a)(1)(A) and (b)(2)(A)(i)(III), and TWC, §26.3475(c)(1), by failing to perform an annual performance test on the existing line leak detectors and by failing to provide the UST system with a method, or combination of methods, of release detection capable of detecting a release from any portion of the UST system which contains regulated substances; 30 TAC §334.8(c)(5)(A)(i), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before delivery of a regulated substance into the UST; 30 TAC §334.8(c)(5)(B)(ii), by failing to ensure that the UST registration and self-certification forms were submitted to the agency in a timely manner; 30 TAC §334.8(c)(5)(C), by failing to permanently tag or label each UST fill tube at the facility with the number used to identify the tank on the registration and self-certification form filed with the commission; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control of all UST systems at a retail facility; PENALTY: $9,000; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: USA Travel Center Inc. dba USA Travel Plaza; DOCKET NUMBER: 2005-1375-PST-E; TCEQ ID NUMBERS: 49190 and RN101789519; LOCATION: 11301 Interstate 40 East, Amarillo, Potter County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum USTs; PENALTY: $7,350; STAFF ATTORNEY: Shana Horton, Litigation Division, MC 175, (512) 239-1088; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(14) COMPANY: YJK Inc. dba Granger Food Mart; DOCKET NUMBER: 2003-0257-PST-E; TCEQ ID NUMBERS: 0068960 and RN101375889; LOCATION: 309 South Commerce Street, Granger, Williamson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c), by failing to reconcile the inventory control records on a monthly basis; 30 TAC §334.50(a)(1)(A), and TWC, §26.3475(c), by failing to provide a method of release detection; and 30 TAC §37.815(a) and (b), by failing to demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $4,800; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

TRD-200600923

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: February 21, 2006

The following notices were issued during the period of February 15, 2006 through February 16, 2006.

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

CITY OF BONHAM has applied for a renewal of TPDES Permit No. WQ0010070001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,500,000 gallons per day. The facility is located approximately 0.5 mile east of the City of Bonham on Seven Oaks Road in Fannin County, Texas.

BRIGHT STAR-SALEM WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. 14220-001, which authorizes the discharge of filter backwash effluent from a water treatment plant at a daily average flow not to exceed 6,000 gallons per day. The facility is located 0.85 miles southwest of the intersection of State Highway 515 and State Highway 17 along County Road 1513 in Wood County, Texas.

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

CITY OF THREE RIVERS has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit to authorize a temporary reduction in the discharge by including an interim phase of 252,000 gallons per day. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. TCEQ received this application on November 8, 2005. The facility is located approximately 900 feet southwest of the intersection of State Highway 72 and Avenida Seguin in the City of Three Rivers in Live Oak County, Texas.

TRD-200600939

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 22, 2006

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on February 15, 2006, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Lakhani Investments, Inc. dba Alamo Food Mart; SOAH Docket No. 582-05-9442; TCEQ Docket No. 2003-1070-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Lakhani Investments, Inc. dba Alamo Food Mart on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200600940

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 22, 2006

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on February 21, 2006, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Temple Hall Silica, Inc.; SOAH Docket No. 582-06-0101; TCEQ Docket No. 2004-0709- WQ-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Temple Hall Silica, Inc. on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Mungia, Office of the Chief Clerk, (512) 239-3300.

TRD-200600941

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 22, 2006

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075, which requires that the commission 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 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 3, 2006 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission 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 proposed AO is available for public inspection at both the commission'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 an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P. O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 3, 2006 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission 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 commission in writing .

(1) COMPANY: Angleton Danbury Hospital District dba Angleton Danbury Medical Center; DOCKET NUMBER: 2005-1775-AIR-E; IDENTIFIER: Regulated Entity Reference Number (RN) RN100895648; LOCATION: Angleton, Brazoria County, Texas; TYPE OF FACILITY: hospital; RULE VIOLATED: 30 TAC §§113.2072(b)(3), 113.2075(a)(1), 113.2076(a)(1) and (c), 113.2077, 113.2078(a) and (b), 113.2079(a) and (c), and 122.130(b)(2), and THSC, §382.085(b), by failing to submit a federal operating permit application, by failing to install monitoring equipment, conduct initial performance testing, and maintaining adequate records for the hospital/medical/infectious waste incinerator unit, by failing to prepare a waste management plan, by failing to provide detailed operating procedures and verify training of operators, and by failing to submit a notice of intention to comply, petition for extension, or a notice of intent to shut down the incinerator; PENALTY: $8,320; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Comtex Dairies, L.L.C.; DOCKET NUMBER: 2005-1815-AGR-E; IDENTIFIER: RN103769881; LOCATION: Comanche, Comanche County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.31(a) and §321.39(b)(3), by failing to prevent the discharge of waste from a concentrated animal feeding operation; PENALTY: $2,260; ENFORCEMENT COORDINATOR: Anita Keese, (956) 425-6010; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(3) COMPANY: Dallas Convenience Stores, Inc. dba Mesquite Mini Mart; DOCKET NUMBER: 2005-1877-PST-E; IDENTIFIER: RN102375367; LOCATION: Mesquite, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III) and the Code, §26.3475(c)(1), by failing to monitor the underground storage tanks (USTs) for releases, by failing to monitor the piping associated with the USTs, and by failing to test the line leak detectors; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; 30 TAC §115.222(3) and §115.242(4) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system; and 30 TAC §334.50(d)(9)(A)(iv) and §334.72, by failing to notify the commission within 24 hours of a suspected release; PENALTY: $12,000; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: E. I. Du Pont De Nemours and Company; DOCKET NUMBER: 2005-1978-AIR-E; IDENTIFIER: RN100216035; LOCATION: Nederland, Jefferson County, Texas; TYPE OF FACILITY: industrial organic chemicals; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c), Permit Number 1743, and THSC, §382.085(b), by failing to maintain the allowable emission rate limits; PENALTY: $14,520; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(5) COMPANY: Era Water Supply Corporation; DOCKET NUMBER: 2005-1940-PWS-E; IDENTIFIER: RN101438992; LOCATION: Era, Cooke County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(j), by failing to complete a customer service inspection certificate prior to providing continuous water service; PENALTY: $1,070; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2005-1643-AIR-E; IDENTIFIER: RN101222602; LOCATION: Clairemont, Kent County, Texas; TYPE OF FACILITY: natural gas processing plant; RULE VIOLATED: 30 TAC §116.115(b) and THSC, §382.085(b), by failing to obtain regulatory authority or to meet the demonstration requirements for an avoidable emissions event; PENALTY: $4,160; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(7) COMPANY: Gardner Telecommunications, Inc.; DOCKET NUMBER: 2005-2077-WQ-E; IDENTIFIER: RN104803028; LOCATION: Carrollton, Dallas County, Texas; TYPE OF FACILITY: telecommunications company; RULE VIOLATED: the Code, §26.121(a), by failing to prevent an unauthorized discharge; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Gulbrandsen Technologies Inc.; DOCKET NUMBER: 2005-1927-IWD-E; IDENTIFIER: RN101720035; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: aluminum chloride manufacturing; RULE VIOLATED: 30 TAC §305.125(1) and (17), Texas Pollutant Discharge Elimination System (TPDES) Permit Number 01785, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for ammonia nitrogen and aluminum and by failing to submit monitoring results for daily average total suspended solids, oil and grease, total ammonia nitrogen, total organic carbon, and dissolved aluminum; PENALTY: $7,920; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Jack Coleman dba Hidden Valley; DOCKET NUMBER: 2005-1991-PWS-E; IDENTIFIER: RN102691714; LOCATION: Von Ormy, Bexar County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) for total trihalomethanes (TTHM); PENALTY: $318; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(10) COMPANY: City of Hillsboro; DOCKET NUMBER: 2005-1923-PWS-E; IDENTIFIER: RN102327004; LOCATION: Hillsboro, Hill County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.44(h)(1)(A) and (4)(C), by failing to install backflow prevention assemblies or an air gap at all residences or establishments where an actual or potential contamination hazard exists and by failing to provide annual backflow prevention assembly test reports; 30 TAC §290.46(f)(2) and (m)(1), by failing to provide the completed customer service inspection reports, service agreement reports, or a plumbing ordinance for review during inspection, and by failing to inspect the ground and elevated storage tanks at least annually; and 30 TAC §290.43(c), by failing to provide a proper ground storage tank roof to prevent the possibility of ponding; PENALTY: $2,080; ENFORCEMENT COORDINATOR: Amanda King-Zrubek, (512) 239-0824; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(11) COMPANY: Hood County Utilities, Inc.; DOCKET NUMBER: 2005-1844-MWD-E; IDENTIFIER: RN102957024; LOCATION: Granbury, Hood County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(4), (5), and (9)(A), and the Code, §26.121(a)(1), by failing to prevent a discharge or disposal of wastewater into waters in the state; and 30 TAC §317.2(d)(5)(E), by failing to provide dual pumps for the lift stations; PENALTY: $15,808; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Houston Fruitland Inc.; DOCKET NUMBER: 2005-1169-PWS-E; IDENTIFIER: RN101253359; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and THSC, §341.033(d), by failing to collect and submit routine monthly bacteriological samples; 30 TAC §290.122(c)(2)(B), by failing to post a public notice indicating the failure to collect and submit the monthly required samples; PENALTY: $2,745; ENFORCEMENT COORDINATOR: Edward Moderow, (512) 239-2680; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(13) COMPANY: Hubert-Watson Subdivision Water Supply, Inc.; DOCKET NUMBER: 2005-2051-PWS-E; IDENTIFIER: RN101455384; LOCATION: Matagorda, Matagorda County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the MCL for TTHM; PENALTY: $323; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: Loadcraft Industries, Limited; DOCKET NUMBER: 2005-1995-MLM-E; IDENTIFIER: RN101620748; LOCATION: Brady, McCulloch County, Texas; TYPE OF FACILITY: oil well drilling rig and trailer manufacturing; RULE VIOLATED: 30 TAC §324.1 and §335.69(d)(2) and 40 Code of Federal Regulations (CFR) §262.34(c)(1)(ii) and §279.22(c)(1), by failing to label a used oil and hazardous waste container with a label identifying the contents; 30 TAC §335.69(d)(1) and §335.262(c)(1) and (2)(A) and 40 CFR §§262.34(c)(1)(i), 265.173(a), and 273.15(c)(2), by failing to properly mark or label each universal waste container with the date the waste became a waste or was received and by failing to ensure that containers holding hazardous and universal waste are always closed during storage, except when it is necessary to add or remove waste; 30 TAC §335.9(a)(1), by failing to maintain all hazardous and industrial solid waste records; and 30 TAC §335.4, by failing to prevent the collection, handling, storage, processing, or disposal of industrial solid waste in such a manner as to cause the creation and maintenance of a nuisance and the endangerment of the public health and welfare; PENALTY: $12,220; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(15) COMPANY: Neutze Properties, Limited dba Kwik Pantry FFP 5167; DOCKET NUMBER: 2005-1957-PST-E; IDENTIFIER: RN102353141; LOCATION: Del Rio, Val Verde County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $640; ENFORCEMENT COORDINATOR: Howard Willoughby, (361) 825-3100; REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 791-6611.

(16) COMPANY: Oil Patch Sandblast and Paint, Limited; DOCKET NUMBER: 2005-2041-AIR-E; IDENTIFIER: RN101381663; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: sandblasting and painting; RULE VIOLATED: 30 TAC §106.144(4) and §116.110(a)(4) and THSC, §382.085(b), by failing to obtain authorization for bulk mineral handling; PENALTY: $1,744; ENFORCEMENT COORDINATOR: Scott Barnett, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: Orange County Water Control and Improvement District Number 1 Oak Lane Facility and Oak Lane Tiger Creek Facility; DOCKET NUMBER: 2005-0930-MWD-E; IDENTIFIER: RN102182755 and RN102183159; LOCATION: Vidor, Orange County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: TPDES Permit Number 10875001 and the Code, §26.121(a), by failing to prevent unauthorized discharges and floating solids; 30 TAC §§305.125(1), (5), (9), and (11)(A), 317.3(e)(5), and 317.4(a), and TPDES Permit Number 10875001, by failing to notify the commission prior to construction and use of two sludge pits, by failing to properly maintain lift stations, by failing to appropriately manage the solids inventory, by failing to properly maintain two operable rotors on the oxidation ditch, by failing to appropriately dispose of bar screenings and debris, by failing to manage solids inventory, by failing to properly maintain units of treatment, by failing to provide a staircase and walkways to allow safe access to the chlorine contact chamber, by failing to provide notification within five days of becoming aware of an unauthorized discharge at the oxidation ditch, and by failing to collect effluent samples; and 30 TAC §319.11(c) and TPDES Permit Number 10875001, by failing to maintain the effluent flow recorder; PENALTY: $22,740; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(18) COMPANY: City of Pflugerville; DOCKET NUMBER: 2005-2043-MWD-E; IDENTIFIER: RN101611440; LOCATION: Pflugerville, Travis County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0011845002, and the Code, §26.121(a), by failing to comply with permitted effluent limitations for ammonia nitrogen; PENALTY: $1,940; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(19) COMPANY: Seven Sanders Companies, Inc.; DOCKET NUMBER: 2005-1893-MSW-E; IDENTIFIER: RN104784137; LOCATION: Wolfforth, Lubbock County, Texas; TYPE OF FACILITY: municipal solid waste recycling; RULE VIOLATED: 30 TAC §330.5(c), by failing to dispose of municipal solid waste at an authorized facility; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Marlin Bullard, (254) 751-0335; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(20) COMPANY: The Lubrizol Corporation; DOCKET NUMBER: 2005-1020-AIR-E; IDENTIFIER: RN100221589; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: additive manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 22046, and THSC, §382.085(b), by failing to prevent an avoidable emissions event; 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to notify the commission within 24 hours of an emissions event; and 30 TAC §290.51 and the Code, §5.702, by failing to pay outstanding fees; PENALTY: $5,117; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(21) COMPANY: Triple J & L Construction Company, Inc.; DOCKET NUMBER: 2006-0052-EAQ-E; IDENTIFIER: RN102751377; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: housing subdivision development; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to receive authorization prior to making a permanent modification to the water quality basin; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Edward Moderow, (512) 239-2680; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(22) COMPANY: City of West Tawakoni; DOCKET NUMBER: 2005-2022-PWS-E; IDENTIFIER: RN101423671; LOCATION: West Tawakoni, Hunt County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and (5) and THSC, §341.0315(c), by exceeding the MCL for TTHM and haloacetic acids; PENALTY: $1,530; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(23) COMPANY: Wickson Creek Special Utility District Grimes County; DOCKET NUMBER: 2005-1954-PWS-E; IDENTIFIER: RN101278232; LOCATION: Bryan, Brazos County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by exceeding the MCL for TTHM; PENALTY: $313; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-200600892

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: February 21, 2006

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

Application to change the name of CSC HEALTHCARE, INC. to DST HEALTH SOLUTIONS, INC., a foreign third party administrator. The home office is EL SEGUNDO, CALIFORNIA.

Application to change the name of COMPANION INFORMATION MANAGEMENT RESOURCES, INC. to CIMR, INC., a foreign third party administrator. The home office is COLUMBIA, SOUTH CAROLINA.

Application for admission to Texas of PINNACLE CLAIMS MANAGEMENT, INC., a foreign third party administrator. The home office is IRVINE, CALIFORNIA.

Application for admission to Texas of APPLICATION SOFTWARE, INC., a foreign third party administrator. The home office is COLUMBIA, MISSOURI.

Application for admission to Texas of PTRX, INC., a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

Any objections must be filed within 20 days after this notice is published in the Texas Register , addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200600949

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: February 22, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on February 13, 2006, for an amendment to certificated service area boundaries within Cameron County, Texas.

Docket Style and Number: Joint Application of Magic Valley Electric Cooperative, Inc. (MVEC) and AEP Texas Central (TCC) for a Certificate of Convenience and Necessity for Service Area Boundaries within Cameron County. Docket Number 32412.

The Application: A landowner has requested service to an undeveloped area of land. Both applicants have facilities in the general area capable of providing quality delivery service. However, MVEC's existing facilities are closer to the location at which the customer desires service. TCC proposes to transfer the subject area to MVEC and relinquish the right or obligation to provide delivery service within the subject area. Both applicants are in agreement and support the application.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than March 10, 2006 by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 32412.

TRD-200600887

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 17, 2006

Notice is given to the public of Peoples Telephone Cooperative, Inc.'s (Peoples) application filed with the Public Utility Commission of Texas (commission) on January 19, 2006, to withdraw services from its Member Services Tariff pursuant to P.U.C. Substantive Rule §26.208.

Docket Title and Number: Application of Peoples Telephone Cooperative, Inc. to Withdraw Services; Docket Number 32310.

The Application: Upon Commission approval, Peoples will no longer offer Business 4 Party Line, Residence 2 Party Line, Residence 4 Party Line, Residence Key Trunk, Business Auto Trunk, Business ISAL Line, Outside the Base Rate Additive-Multi-Party Line Service, and Single Line with Advanced Features and Nationwide Calling Package. According to Peoples, the services are obsolete and have had no customers during the last three years. Peoples filed an affidavit attesting that there are no current subscribers to these services.

Persons wishing to comment on this application should contact the Public Utility Commission of Texas by April 3, 2006. Requests to intervene should be mailed to the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 32310.

TRD-200600945

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 2006

Notice is given to the public of XIT Rural Telephone Cooperative, Inc.'s application filed with the Public Utility Commission of Texas (commission) on February 1, 2006, for approval of a minor rate change pursuant to P.U.C. Substantive Rule §26.171.

Docket Title and Number: XIT Rural Telephone Cooperative, Inc. Notice of Intent to Implement Minor Rate Changes Pursuant to P.U.C. Substantive Rule §26.171; Docket Number 32361.

The Application: XIT Rural Telephone Cooperative, Inc. filed an application proposing to implement a minor rate reduction to the Monthly Local Exchange Access Line Rate for one-party business customers in the Texline exchange. The proposed effective date for the proposed rate change is June 1, 2006. XIT's proposed minor rate reduction will decrease XIT's regulated intrastate gross annual revenues by less than 1%.

Persons wishing to comment on this application should contact the Public Utility Commission of Texas by Monday, May 1, 2006. Requests to intervene should be mailed to the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 32361.

TRD-200600946

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 2006

Notice is given to the public of Brazos Telephone Cooperative, Inc.'s (Brazos) application filed with the Public Utility Commission of Texas (commission) on February 6, 2006, for approval of a minor rate change pursuant to P.U.C. Substantive Rule §26.171.

Docket Title and Number: Brazos Telephone Cooperative, Inc. Notice of Intent to Implement Minor Rate Changes Pursuant to P.U.C. Substantive Rule §26.171; Docket Number 32395.

The Application: Brazos Telephone Cooperative, Inc. filed an application to implement a minor rate change to the Monthly Local Exchange Access Line rates for residence and business customers throughout its service territory. The proposed effective date for the proposed rate change is June 1, 2006. The estimated annual revenue increase recognized by Brazos is $10,505.28 for the first year of service, which is less than 1% of Brazos' gross annual intrastate revenues. Brazos has 1,307 access lines (residence and business) in service in the state of Texas.

If the commission receives a complaint(s) relating to this application signed by the lesser of 5% or 1,500 of the affected local service customers to which this application applies by May 1, 2006, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).

Persons wishing to comment on this application should contact the Public Utility Commission of Texas by Monday, May 1, 2006. Requests to intervene should be mailed to the commission's Filing Clerk at P. O. Box 13326, Austin, Texas 78711-3326, or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 32395.

TRD-200600947

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 2006

Notice is given to the public of Brazos Telecommunications, Inc.'s (Brazos) application filed with the Public Utility Commission of Texas (commission) on February 6, 2006, for approval of a minor rate change pursuant to P.U.C. Substantive Rule §26.171.

Docket Title and Number: Brazos Telecommunications, Inc. Notice of Intent to Implement Minor Rate Changes Pursuant to P.U.C. Substantive Rule §26.171; Docket Number 32396.

The Application: Brazos Telecommunications, Inc. filed an application to implement a minor rate change for One-Party Residential and Business local telephone service throughout its service territory. The proposed effective date for the proposed rate change is June 1, 2006. The estimated annual revenue increase recognized by Brazos is $53,629.84 or less than 2% of Brazos' gross annual intrastate revenues. Brazos has 4,687 access lines (residence and business) in service in the state of Texas.

If the commission receives a complaint(s) relating to this application signed by the lesser of 5% or 1,500 of the affected local service customers to which this application applies by May 1, 2006, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).

Persons wishing to comment on this application should contact the Public Utility Commission of Texas by Monday, May 1, 2006. Requests to intervene should be mailed to the commission's Filing Clerk at P. O. Box 13326, Austin, Texas 78711-3326, or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 32396.

TRD-200600948

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a petition on February 15, 2006, for waiver of denial by the North American Numbering Plan Administration (NANPA) Pooling Administrator (PA) of Consolidated Communications of Fort Bend Company (CCFB) request for one 1000 number block in its Katy, Texas exchange.

Docket Title and Number: Request of Consolidated Communications of Fort Bend Company (CCFB) for Waiver of NeuStar, Inc. Denial of Number Block Request. Docket Number 32419.

The Application: CCFB requested one 1000 number block in its Katy, Texas exchange to satisfy the request of Memorial Hermann Hospital.

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 by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 8, 2006. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 32419.

TRD-200600886

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 17, 2006

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding a commission review of Chapter 26 Substantive Rules to determine modifications required to conform to SB 5, on Thursday, March 23, 2006, at 9:30 a.m. in Hearing Room Gee, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 32136, PUC Review of Chapter 26 Substantive Rules to Conform to SB 5 , has been established for this proceeding.

On Friday, March 3, 2006, the commission staff shall make available on its website (http://www.puc.state.tx.us/rules/rulemake/32136/32136.cfm) and in Central Records under Project Number 32136 an agenda and materials for discussion.

Questions concerning the workshop or this notice should be referred to Rick Talbot, Commission Industry Oversight Division, (512) 936-7257. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200600954

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 2006

Notice is given to the public of a joint application for sale, transfer, or merger filed with the Public Utility Commission of Texas on February 6, 2006, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated Sections 14.101, 39.154, and 39.158 (Vernon 1998 & Supplement 2005) (PURA).

Docket Style and Number: Application of FPL Group, Inc. and Constellation Energy Group, Inc. Pursuant to Section 39.158 of the Public Utility Regulatory Act, Docket Number 32397.

The Application: On February 6, 2006, FPL Group, Inc. (FPL) and its subsidiary, FPL Energy, LLC (FPL Energy) (collectively, FPL Group), Constellation Energy Group, Inc. (Constellation), and its subsidiary, Rio Nogales Power Project, LP (Constellation Energy) filed an application for approval of FPL's merger with a wholly-owned subsidiary of Constellation. Pursuant to the definitive Agreement and Plan of Merger (Merger Agreement), FPL will merge into a wholly-owned subsidiary of Constellation, at which time FPL will become a wholly-owned subsidiary of Constellation. Following the merger, Constellation will become the corporate parent of FPL and will remain the corporate parent of all the subsidiaries that Constellation held prior to the merger. The combined company will be named Constellation Energy Group, Inc.

The FPL Group, Constellation and Constellation Energy are required to obtain commission approval before closing if the electricity to be offered for sale in the Electric Reliability Council of Texas (ERCOT) will exceed 1% of the total electricity for sale in ERCOT. The commission shall approve the transaction unless the commission finds that the transaction results in a violation of Section 39.154 of the Public Utility Regulatory Act. Under Section 39.154, a power generation company may not own and control more than 20% of the installed generation capacity located in, or capable of delivering electricity to ERCOT. The FPL Group and Constellation Energy Group have stated that, since the combined company will own or control 5,075.79 MW of installed generation capacity within ERCOT, this will not exceed the 20% limitation.

FPL owns and operates (or will own and operate within the next 12 months) approximately 15 power generation companies (PGCs) with a total generation capacity for 2005 and 2006 of 4,310.79 MW. Constellation Energy owns and operates Rio Nogales, a combined-cycle generating plant with 765 MW of generating capacity as reported to ERCOT in 2005. Neither company controls any additional generation capacity within ERCOT. The combined capacity is 6.25% of the total installed generation capacity in ERCOT.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 32397.

TRD-200600953

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 2006

The Texas Residential Construction Commission (commission) has received a petition for a new rule, which defines unlawful acts related to home sales to persons with disabilities. 10 TAC §301.2 requires the commission to publish in the Texas Register notice of a petition for rulemaking.

Pursuant to 10 TAC §301.2, the commission hereby notices the petition for a new rule from Stephen A. Hester, Jr. with the Houston Center for Independent Living. A copy of the petition is available for review and copying from the commission, or it can be viewed online at the agency website www.trcc.state.tx.us by clicking on "Statutes & Rules."

The petition seeks a new rule regarding discrimination against people with disabilities and prohibited practices. The proposal would prohibit a builder from discriminating against a person because of disability, listing the following as unlawful actions: refusal to sell or negotiate a home sale; different terms, conditions, privileges, services, or facilities; print of any kind indicating a preference, limitation or discrimination based on disability; misrepresenting the availability of a home; and denial of a sale to a purchaser, resident or associate based upon disability.

The petition defines discrimination to include a refusal to permit modifications needed for a disabled person to have full enjoyment of the premises and permit reasonable accommodations to allow use and enjoyment of a home.

Interested persons may send written comments regarding this petition to Cynthia de Roch, Texas Residential Construction Commission, P.O. Box 13144, Austin, Texas 78711-3144. Comments regarding this application will be accepted for twenty-one days following the date of publication of this notice in the Texas Register . Thereafter, the comments will not be considered as timely filed. Comments may also be submitted electronically to cynthia.deroch@trcc.state.tx.us. For comments submitted electronically, please include "disabilities rule petition" in the subject line. Comments not submitted in accordance with this notice may not be considered.

TRD-200600821

Susan K. Durso

General Counsel

Texas Residential Construction Commission

Filed: February 15, 2006

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, then click on Aviation Public Hearing. Or, contact Joyce Moulton, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4501 or 1-800-68-PILOT.

TRD-200600879

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: February 17, 2006