IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Department of Agriculture Notice of Public Hearing The Texas Department of Agriculture (the department) will hold a public hearing to take public comment on proposed amendments to sec.9.4 of the department's seed law rules, concerning nutsledge tubers, as published in the December 26, 1997, issue of the Texas Register (22 TexReg 12643). The hearing will be held on Wednesday, February 11, 1998, beginning at 2:00 p.m., at the department's offices located at 8918 Tesoro Drive, San Antonio, Texas. For more information, please contact Charles Leamons, Seed Quality Program, Texas Department of Agriculture, P.O. Box 629, Giddings, Texas 78942 409-542- 3691. TRD-9800886 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Filed: January 20, 1998 Office of the Attorney General Notice of Settlement of Hazardous Waste Enforcement Case Notice is hereby given by the State of Texas of the following proposed resolution of a hazardous waste enforcement action under the Texas Solid Waste Disposal Act and the Texas Water Code. The State of Texas, on behalf of the Texas Natural Resource Conservation Commission, has reached an agreement with Coastal Refining & Marketing, Inc. to resolve Coastal's liability to the State for violations of the Solid Waste Disposal Act and the Texas Water Code at Coastal facilities located at 1300 Cantwell Lane, Corpus Christi, Nueces County (the "Cantwell Facility"), and 5441 Up River Road, Corpus Christi, Nueces County (the "Quintana Facility") (collectively referred to as "the Facility"). The Attorney General will consider any written comments received on the settlement within 30 days of the date of publication of this notice. Case Title and Court: State of Texas v. Coastal Refining & Marketing, Inc., Cause Number 92-1727, in the District Court of Travis County, 345th Judicial District. Nature of the Settlement: The State of Texas proposes to settle the liability of Coastal Refining & Marketing, Inc. ("Coastal") for hazardous waste and groundwater violations at the Cantwell Facility documented by TNRCC investigators on April 8-9, 1991; April 28-29, 1994; May 2, 3, 6, 19, and 24, 1994; January 20 and 23, 1995; April 28-29, 1995; and May 8-9, 1995; and at the Quintana Facility documented by TNRCC investigators on April 8-9, 1991; April 28-29, 1994; May 2, 3, 6, 19, 24, 1994; January 20, and 23, 1995; April 28-29, 1995; and May 8-9, 1995; and certain groundwater violations described in paragraph 10 of the proposed Agreed Final Judgment. Proposed Settlement: The proposed settlement will resolve Coastal's liability as follows: Injunctive Relief: The main components of the proposed settlement require Coastal to continue to operate the certain interim remedial systems previously established at the Facility. The purpose of the interim remedial systems is to remove, to the maximum extent practicable, phase- separated hydrocarbons and to contain and prevent the migration of phase-separated and associated dissolved- phase contaminant plumes within or underlying the Facility. Coastal shall continue to operate the interim remedial systems until a more comprehensive remedy (described as follows) is implemented. Coastal shall also (1) conduct a comprehensive groundwater investigation to determine the horizontal and vertical extent of dissolved-phase and phase- separated hydrocarbon plumes and of any releases of hazardous constituents within certain areas of the Facility and specified off-site areas; (2) develop and implement remediation actions for groundwater contamination within certain areas of the Facility and specified off-site areas; (3) develop an inspection program to identify sources of hydrocarbon and hazardous constituent releases at the Facility; and (4) develop and implement a Groundwater Monitoring Program ("GMP") to provide for continued operation, maintenance, and development of a groundwater monitoring system for the certain areas of the Facility and specified off-site areas. Coastal shall also conduct a Corrective Measures Study ("CMS") to evaluate the ability of available technologies to remediate all contamination that exceeds certain remediation goals established by the TNRCC after the interim remedial system is no longer effective. Coastal shall implement a Corrective Measures Implementation ("CMI") Work Plan if it is determined that an interim remedial system cannot remove all the contamination to required levels. The objective of the CMI Work Plan is to detail the design, construction, operation, maintenance, and performance monitoring of the corrective measure(s) selected as a result of the CMS. Coastal also shall develop and implement a remedial investigation and baseline risk assessment ("RI/BLRA") for soils in specified areas of the Facility; a soils corrective measures study ("SCMS") for specified Facility locations and other spill areas; a plan for a RI/BLRA of Coastal's diesel spill in the ACC/Port Area; and a detailed schedule for the implementation of the Risk Reduction Rules for specified areas of the Facility and other documented spill areas. The purpose of the BLRA is to assess potential risks to human health and the environment due to petroleum hydrocarbon spills at the refinery, and to identify any areas of concern within the tank farms. The purpose of the CMS is to propose actions for areas of concern which are based on the results of the BLRA. Supplemental Environmental Project: The State of Texas will remit a portion of the civil penalty assessed in the Agreed Final Judgment on the condition that Coastal implement the following Supplemental Environmental Projects: (1) contribute $20,000 to the City of Corpus Fire Department's Hazardous Materials Response Team for the purchase of certain equipment; (2) expend at least $1,480,000 to purchase property, both residential and commercial, within 800 feet of the Facility property line or in the Kaler Addition on Cantwell Lane and the Whelan Addition on Up River Road and Navigation Boulevard within two years of the Effective Date of the proposed Agreed Final Judgment; and/or (3) expend at least $1,480,000 to (i) replace specified underground lines with above-ground lines or modify the lines so that electronic inspection pigs can be run through the lines at periodic intervals to determine line conditions; (ii) replace the underground dock loading lines with above-ground lines in the marshy area extending 1200 feet south from Dock Number 4; (iii) install a Vapor Recovery System for product loading at Dock Numbers 7 and 11; (iv) install low NOx burners on the Crude-Vacuum heaters and SMR heater; or (4) a combination of (2) and (3) in the amount of at least $1,480,000. Penalties and Attorney's Fees: Coastal shall pay the State of Texas $490,000 in civil penalties and $10,000 in attorney's fees. For a complete description of the proposed settlement, the complete proposed settlement should be reviewed. Requests for copies of the proposed Agreed Final Judgment and written comments on the proposed settlement should be directed to Albert M. Bronson, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711- 2548; telephone (512) 463-2012, fax (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered. TRD-9800661 Sarah Shirley Assistant Attorney General Office of the Attorney General Filed: January 15, 1998 Texas Credit Union Department Application(s) to Expand Field of Membership 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 Members Choice Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of UTEX Industries to be eligible for membership in the credit union. Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. 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-9800928 Harold E. Feeney Commissioner Texas Credit Union Department Filed: January 21, 1998 General Land Office Correction of Errors The General Land Office proposed an amendment to 31 TAC sec.10.8. The rule appeared in the December 12, 1997, issue of the Texas Register (22 TexReg 12251). In the preamble the comment period is showing to be January 12, 1997. The actual date for the comment period should have been January 12, 1998. On page 12251, sec.10.8, "(d)-(e) (No change.)" was not published. General Services Commission Notice of Request for Proposals Extension INTRODUCTION: An amendment to extend the closing date for the Request for Proposals (RFP) for the selection of an Independent School District or Public School to receive funding for professional design assistance services during the design and construction of a new sustainable school facility has been granted. The original notice of Request for Proposals (RFP) appeared in the January 2, 1998 issue of the Texas Register (23 TexReg 250-251). Due to concerns raised during the pre-proposal conference held on January 16, 1998, it has been decided to extend the time frame for written questions and closing date by two week. The revised time frames are as follows: WRITTEN QUESTIONS: All questions regarding this RFP that arise after the Pre- Proposal Conference must be submitted in writing to Lee Gros, General Services Commission, State Energy Conservation Office, P.O. Box 13047, Austin, Texas, 78711-3047, or transmitted to facsimile number (512) 463-7806 by 5:00 p.m., Central Standard Time, February 6, 1998. CLOSING DATE: Proposals must be postmarked or received by the GSC/SECO no later than 5:00 p.m., Central Standard Time, February 23, 1998. Proposals received after that time, and proposals submitted by facsimile will not be accepted. TRD-9700781 Judy Ponder General Counsel General Services Commission Filed: January 16, 1998 Harris County Flood Control District Request for Statements The Harris County Flood Control District requests Statement of Qualifications from qualified consulting engineering firms to assist with study efforts for three Federal flood control projects in Harris County, Texas - Brays Bayou, Hunting Bayou, and White Oak Bayou. The projects were designated in the Water Resources Development Act of 1996 to demonstrate the potential advantages and effectiveness of local implementation of Federal flood control projects. Knowledge and experience with local Harris County Flood Control District methods, Corps of Engineers requirements, public participation, and environmental compliance is required. An information meeting is scheduled for Monday, February 2, 1998, at 10:00 a.m. at the Harris County Flood Control District office, 9900 Northwest Freeway, Houston, Texas 77092. The Statements of Qualification are due in the Harris County Flood Control District office by Friday, February 6, 1998, at 4:30 p.m. Please call Taffy Hernandez at (713) 684- 4040 to obtain detailed information and requirements. TRD-9800874 Steve Fitzgerald Chief Engineer Harris County Flood Control District Filed: January 20, 1998 Texas Department of Health Correction of Errors The Texas Department of Health proposed amendments to 25 TAC sec.sec.295.201- 295.216, 295.218-295.220. The rules appeared in the December 12, 1997, issue of the Texas Register (22 TexReg 12225). On page 12230, sec.295.204(d)(6)(D), the last sentence should read "...is contained in subsection (e)(4) of this section." instead of "...is contained in subsection (3)(4) of this section." On page 12236, sec.295.208(g), second sentence, the new language should read "or renewal", instead of "orrenewal". On page 12237, sec.295.209(e), fourth sentence, the last word of the sentence "application" should be deleted. On page 12239, sec.295.212(d)(5)(A), first sentence, the new language should read "be developed" not "bedeveloped". On page 12242, sec.295.215(a), second sentence, the new language should read "child-occupied facilities in" instead of "child-occupied facilitiesin". Designation of Site Serving Medically Underserved Populations - Kashmere Multi-Service Center The Texas Department of Health (department) is required under Texas Civil Statutes, Article 4495b, sec.3.06, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations. Accordingly, the department has designated the following as a site serving medically underserved populations: Kashmere Multi-Service Center, 4802 Lockwood Drive, Houston, Texas 77026. Designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state, or locally funded health care programs. Oral and written comments on this designation may be directed to Dora A. McDonald, Chief, Bureau of State Health Data and Policy Analysis, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458- 7261. Comments will be accepted for 30 days from the publication date of this notice. TRD-9800932 Susan K. Steeg General Counsel Texas Department of Health Filed: January 21, 1998 Designation of Site Serving Medically Underserved Populations - The Texas Department of Health (department) is required under Texas Civil Statutes, Article 4495b, sec.3.06, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations. Accordingly, the department has designated the following as a site serving medically underserved populations: [graphic] Designation is based on proven eligibility as sites serving a disproportionate number of clients eligible for federal, state, or locally funded health care programs. Oral and written comments on these designations may be directed to Dora A. McDonald, Chief, Bureau of State Health Data and Policy Analysis, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458- 7261. Comments will be accepted for 30 days from the publication date of this notice. TRD-9800943 Susan K. Steeg General Counsel Texas Department of Health Filed: January 21, 1998 Texas Department of Housing and Community Affairs Notice of Administrative Hearing MHD1998000996R Texas Department of Housing and Community Affairs Manufactured Housing Division Thursday, February 5, 1998, 9:00 a.m. State Office of Administrative Hearing, Stephen F. Austin Building, 1700 North Congress, 11th Floor, Suite 1100 Austin, Texas AGENDA Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of Texas Department of Housing and Community Affairs vs. Dianna Buckler to hear issues regarding the denial of a sales person license in accordance with the Act, sec.sec.7(k)(8) and 7(l) and the Rules, sec.80.125(j). SOAH 332-98-0117. Department MHD1998000996R. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. TRD-9800942 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: January 21, 1998 Texas Department of Human Services Request for Proposal for the Delivery of Case Management Services for the CLASS Program Request for Proposal (RFP): The Texas Department of Human Services (DHS) is requesting proposals from providers for the delivery of case management services provided through the Community Living Assistance and Support Services (CLASS) program. To be eligible to contract with the department, a case management agency must be selected in the RFP process, be enrolled as a CLASS provider, and attend and complete mandatory CLASS provider agency training. Description of Services: A case management agency enrolls participants in the CLASS program and is the focal point for developing service plans, coordinating services, and tracking participant progress. The case manager convenes the interdisciplinary team (IDT) that is responsible for developing the plan of care and assures that services are consistent with the needs and preferences of the individual participant. Case managers further assist in the identification and development of appropriate community resources, crisis intervention, advocacy, and safeguarding individual rights. The case manager works in a cooperative relationship with the direct services agency which delivers home and community- based services. Geographic Areas: The department intends to contract for the delivery of CLASS services to the following number of individuals in the following service areas/counties: 65 individuals in the Corpus Christi area (Nueces/San Patricio/Kleberg/Jim Wells counties) and 123 individuals in the Dallas area (Dallas/Denton/Collin/Ellis/Kaufman/Rockwall counties). Closing Date and Time: Proposals must be received by the department by 5:00 p.m. on Monday, March 16, 1998. Contact Person for RFP: To obtain a Request for Proposal packet, please write Jessie Hood, Administrative Technician, CLASS Program, Texas Department of Human Services, 701 West 51st Street (Mail Code W-521, Austin, Texas 78751), P.O. Box 149030, Mail Code W-521, Austin, Texas 78714-9030. You may call Jessie Hood at (512) 438-5658 or fax a request to (512) 438-5133. The request for proposal will be available on Friday, January 30, 1998. Bidder's Questions/Inquiries: Bidders must submit questions pertaining to the RFP and/or the CLASS program, in writing, to DHS to the attention of Jessie Hood at the address or fax number above. All questions must be submitted to DHS by 5:00 p.m. on Wednesday, February 18, 1998. Historically underutilized business, public or private profit, with demonstrated knowledge, competence and qualifications in performing these services are encouraged to apply. TRD-9800767 Glenn Scott Agency Liaison Texas Department of Human Services Filed: January 16, 1998 Deadline Extension of Request for Proposal for the Delivery of Service for the CLASS Program The Texas Department of Human Services published a request for proposal for delivery of Medicaid home and community-based services through the Community Living Assistance and Support Services (CLASS) program. The notice was published in the January 9, 1998, issue of the Texas Register (23 TexReg 385.) The department is extending the closing date to March 16, 1998. TRD-9800768 Glenn Scott Agency Liaison Texas Department of Human Services Filed: January 16, 1998 Public Hearing-Proposed Rules on Pooled Trusts The Texas Department of Human Services (TDHS) will conduct a public hearing to receive comments on the department's proposed rule concerning pooled trusts that was published in the December 19, 1997, issue of the Texas Register (22 TexReg 12441). The public hearing will be held on February 5, 1998, at 1:30 p.m. in the Public Hearing Room of the John H. Winters Center (701 West 51st Street, Austin, Texas, First Floor, East Tower, Room 125). Contact Person: Please contact Judy Coker, M/C W-513, P.O. Box 149030, Austin, Texas 78714-9030, (512) 438-3227. Persons with disabilities planning to attend this hearing who may need auxiliary aids or services are asked to contact Judy Coker, (512) 438-3227, by February 2, 1998, so that appropriate arrangements can be made. TRD-9800930 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Filed: January 21, 1998 Texas Department of Insurance Notice of Texas Title Insurance Hearing Notice is hereby given that a hearing will be held before the Commissioner of Insurance at 9:00 a.m. on April 8, 1998, in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas and continuing thereafter at dates, times and places designated by the commissioner until conclusion. The hearing shall consist of a rulemaking phase under Docket Number 2335 for consideration of rules, forms, and endorsements, and related matters not having rate implications and a ratemaking phase under Docket Number 2336 for consideration of fixing the premium rate and other matters with rate implications. The commissioner shall certify which matters have rate implications to be considered in the rate making phase of the hearing. The commissioner shall conduct both phases of the hearing; provided, however, that the ratemaking phase of the hearing shall be conducted by the State Office of Administrative Hearings in accordance with Article 1.33B, Texas Insurance Code at the direction of the commissioner or at the written request of any person seeking admission as a party to the ratemaking phase of the hearing. A formal notice of the proposed rules will be published in the Texas Register at a later date. Authority, Jurisdiction and Statutes and Rules Involved The Commissioner of Insurance has jurisdiction over the promulgation of rules and premium rates, over amendments to or promulgation of approved forms, and over other matters set out in this notice pursuant to Texas Insurance Code, Articles 1.02, 1.04, 9.01, 9.02, 9.07, and 9.21, and pursuant to the Texas Administrative Code, Title 28, Section 9.1. The procedure of the hearing will be governed by the Rules of Practice and Procedure before the Department of Insurance (Texas Administrative Code, Title 28, Chapter 1, Subchapter A) and the Administrative Procedure Act (Texas Government Code, Chapter 2001). Matters to be Considered Docket 2335 Form and Rulemaking Phase The commissioner will consider testimony presented and information filed by title insurers, title agents, the Office of Public Insurance Counsel and other interested parties relating to the following issues: 1. Submission by Stewart Title Guaranty Company ("Stewart Title") to adopt a new Texas Residential Limited Coverage Junior Mortgagee Policy and Combined Schedule (T-44). 2. Submission by Stewart Title to adopt a new Texas Residential Limited Coverage Junior Mortgagee Policy Down Date Endorsement (T-45). 3. Submission by Stewart Title to adopt a new Texas Residential Limited Coverage Junior Mortgagee Policy Variable Rate Endorsement (T-46). 4. Submission by Stewart Title to adopt a new Procedural Rule P-46, Texas Residential Limited Coverage Junior Mortgagee Policy (T-44) and Texas Residential Limited Coverage Junior Mortgagee Policy Down Date Endorsement (T- 45) and Texas Residential Limited Coverage Junior Mortgagee Policy Variable Rate Endorsement (T-46) and Texas Residential Limited Coverage Junior Mortgagee Policy Additional Coverage Endorsement. Complete copies of the requested rules and forms, in paragraphs 1 through 4 may be obtained from the Office of the Chief Clerk, Mail Code 113-2A, P.O. Box 149104, Austin, Texas 78714-9104. Docket 2336 Ratemaking Phase The commissioner will consider testimony presented and information filed by title insurers, title agents, the Office of Public Insurance Counsel and other interested parties relating to the following issue: 1. Submission by Stewart Title to adopt a new Rate Rule R-27, Premium For Texas Residential Limited Coverage Junior Mortgagee Policy (T-44) and Texas Residential Limited Coverage Junior Mortgagee Policy Down Date Endorsement (T- 45) and Texas Residential Limited Coverage Junior Mortgagee Policy Variable Rate Endorsement (T-46) and Texas Residential Limited Coverage Junior Mortgagee Policy Additional Coverage Endorsement. In considering new Rate Rule R-27, the commissioner will also consider alternatives to the particular rate formulations requested by Stewart Title in its petition. Complete copies of the requested rate rule may be obtained from the Office of the Chief Clerk, Mail Code 113-2A, P.O. Box 149104, Austin, Texas 78714-9104. Motions for Admission as a Party to Ratemaking Phase Anyone who wishes to participate in the hearing as a party to the ratemaking phase must file a motion for admission as a party by 5:00 p.m. on February 9, 1998. Pre-Hearing Conference An initial pre-hearing conference will be held before the General Counsel of the Department at 9:00 a.m. on February 20, 1998, in room 100 of the William P Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas. The pre- hearing conference will be held for the following purposes: (1)ruling on the motions for admission of parties to ratemaking phase; and, (2)such other matters as may aid in the simplification of the proceedings. Subsequent pre-hearing conferences will be scheduled as necessary to rule on other matters as may aid in the simplification of the proceedings. Conduct of the Hearing Each page of any exhibit offered in evidence at a hearing before the Commissioner of Insurance, including prefiled testimony, must be numbered consecutively at the center of the bottom margin, be on 81/2" by 11" paper, and must be three-hole-punched along the left margin. The front page of each exhibit should indicate that the exhibit would be part of the record of a public hearing before the Commissioner of Insurance and should identify the subject of the hearing, the docket number, the date of the hearing, and the party offering the exhibit. On the front page, the party offering the exhibit should also describe the exhibit and leave a space for numbering the exhibit. For example: Public Hearing before the Department of Insurance Subject of Hearing: Promulgation of Amendments to the Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance in the State of Texas Docket Number xxx Date: __________ Party: ___________ Exhibit # ______ Description of Exhibit _____ All deadlines in this notice are subject to change at the Commissioner's discretion to the extent permitted by statute and rule. TRD-9800931 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: January 21, 1998 Texas Lottery Commission Invitation for Bids for Court Reporter Services The Texas Lottery Commission is soliciting bids to obtain Court Reporter Services for the Texas Lottery Commission headquarters located in Austin, Texas. Objectives. The Texas Lottery requires Court Reporter Services on an as needed basis as indicated in the Invitation for Bid. Schedule. Event IFB Issued Date January 30, 1998 Bid Due Date - February 17, 1998 (11:00 a.m. CT) Contract term. Prices quoted must be in effect for the term of this contract which is the date of execution through August 31, 1999. At its sole option, the Texas Lottery Commission may extend this contract for two one-year periods following the primary term (August 31, 1999). For a copy of the complete Invitation for Bids please contact: Joanne Severn Purchasing Manager, Texas Lottery Commission 512-344-5418 TRD-9800644 Ridgely C. Bennett Deputy General Counsel Texas Lottery Commission Filed: January 15, 1998 Request for Proposals The purpose of this Request for Proposals ("RFP") is to obtain proposals from qualified vendors to provide drawing equipment and services to the Texas Lottery Commission ("Texas Lottery") as provided in this RFP. It is the intent of the Texas Lottery to begin a new on-line game in the Spring of 1998, tentatively entitled "Texas Million". The Texas Lottery is looking for equipment that provides a high level of security at the most economical price. Proposers responding to this RFP are expected to provide the Texas Lottery with information, evidence and demonstrations that will permit awarding a contract in a manner that best serves the interests of the Texas Lottery. Schedule of Events The time schedule for awarding a contract under this RFP is shown as follows. The Texas Lottery reserves the right to amend the schedule . If significant changes are made, all potential Proposers will be notified. RFP Issued, January 21, 1998. Letter of Intent to Propose Due, February 3, 1998 (4:00 p.m., CT). (Late Letters of Intent will not be considered). Written Questions Due, February 6, 1998 (4:00 p.m. CT). Official Response to Questions, February 10, 1998. Proposal Due Date, February 17, 1998 (4:00 p.m., CT) (Late Proposals will not be considered.) Announcement of Apparent Successful Proposer, February 23, 1998 (or as soon as possible thereafter). Equipment Delivery to the Texas Lottery, April 3, 1998. To obtain a copy of the RFP, please contact: Colette Davis Pena, General Counsel, Texas Lottery Commission, Post Office Box 16630, Austin, Texas 78761- 6630. (512) 344-5123 or by Fax (512) 344-5189. TRD-9800927 Kimberly L. Kiplin General Counsel Texas Lottery Commission Filed: January 21, 1998 Texas Natural Resource Conservation Commission Enforcement Orders An agreed order was entered regarding INDUSTRIAL CHROME PLATE, INCORPORATED, Docket Number 96-1821-IHW-E (SWR Number 32312) on January 12, 1998 assessing $28,240 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Barbara M Lazard, Staff Attorney at (512) 239-0674 or Thomas Greimel, Enforcement Coordinator at (512) 239-5690, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding REYES, LUPE, Docket Number 97-0007-AIR-E (Account Number HG-9985-M) on January 12, 1998 assessing $500. in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kara Salmanson, Staff Attorney at (512) 239-1738 or Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding HAMPSHIRE CHEMICAL CORPORATION, Docket Number 97-0752-AIR-E (Account Number HG-4998-P) on January 12, 1998 assessing $29,700 in administrative penalties with $5,940 deferred. Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding FFP OPERATING PARTNERS, Docket Number 97- 0696-AIR-E (Account Number EE-1608-N) on January 12, 1998. Information concerning any aspect of this order may be obtained by contacting Stacy 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 STEERE TANK LINES, INCORPORATED, Docket Number 97-0787-AIR-E (Account Number EE-0457-R) on January 12, 1998 assessing $17,000 in administrative penalties. 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 WESTFIELD SANDBLASTING, INCORPORATED, Docket Number 97-0753-AIR-E (Account Number HG-1475-E) on January 12, 1998 assessing $750. in administrative penalties with $150. deferred. Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding TIMBER INDUSTRIES, Docket Number 97-0543- AIR-E (Account Number EE-1927-R) on January 12, 1998 assessing $6,000 in administrative penalties. 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. A default order was entered regarding BELL PROCESSING, INCORPORATED, Docket Number 97-0794-MSW-E (Facility ID Number 40048, Enforcement ID Number 2614) on January 12, 1998 assessing $16756.8 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy L. Harrison, Staff Attorney at (512) 239-1736 or Carol Piza, Enforcement Coordinator at (512) 239-6729, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding MCSHANE, MARY ANN DBA MARYLAND DAYCARE CENTER, Docket Number 95-1445-PWS-E (PWS Number 0840225) on January 12, 1998 assessing $1,130 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Barbara Lazard, Staff Attorney at (512) 239-0674 or Katharine Wheatly, Enforcement Coordinator at (512) 239-6082, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding HERNANDEZ, MODESTO DBA TRIPLE H MART, Docket Number 96-1414-PST-E (Facility Number 48884, Enforcement ID Number 5159) on January 12, 1998 assessing $3,800 in administrative penalties with $1,140 deferred. Information concerning any aspect of this order may be obtained by contacting Mick Wilson, Enforcement Coordinator at (512) 239-2228, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding HERNANDEZ, MODESTO DBA TRIPLE H MART, Docket Number 96-1418-PST-E (Facility Number 29376, Enforcement ID Number 4685) on January 12, 1998 assessing $4,800 in administrative penalties with $1,440 deferred. Information concerning any aspect of this order may be obtained by contacting Mick Wilson, Enforcement Coordinator at (512) 239-2228, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding HERNANDEZ, MODESTO DBA TRIPLE H MART, Docket Number 96-1415-PST-E (Facility Number 48882, Enforcement ID Number 5158) on January 12, 1998 assessing $3,400 in administrative penalties with $1,020 deferred. Information concerning any aspect of this order may be obtained by contacting Mick Wilson, Enforcement Coordinator at (512) 239-2228, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding HERNANDEZ, MODESTO, Docket Number 96-1419- PST-E (Facility Number 29375, Enforcement ID Number 4684) on January 12, 1998 assessing $2,400 in administrative penalties with $720. deferred. Information concerning any aspect of this order may be obtained by contacting Mick Wilson, Enforcement Coordinator at (512) 239-2228, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding HERNANDEZ, MODESTO DBA TRIPLE H MART, Docket Number 96-1420-PST-E (Facility Number 29372, Enforcement ID Number 4683) on January 12, 1998 assessing $4,800 in administrative penalties with $1,440 deferred. Information concerning any aspect of this order may be obtained by contacting Mick Wilson, Enforcement Coordinator at (512) 239-2228, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding HERNANDEZ, MODESTO DBA TRIPLE H MART, Docket Number 96-1417-PST-E (Facility Number 29378, Enforcement ID Number 4686) on January 12, 1998 assessing $5,800 in administrative penalties with $1,740 deferred. Information concerning any aspect of this order may be obtained by contacting Mick Wilson, Enforcement Coordinator at (512) 239-2228, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding ESQUIVEL, RAUL, Docket Number 96-1687-PST- E (Facility Number 8338, Enforcement ID Number 5466) on January 12, 1998 assessing $3,000 in administrative penalties with $600. deferred. Information concerning any aspect of this order may be obtained by contacting Mick Wilson, Enforcement Coordinator at (512) 239-2228, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding HERNANDEZ, MODESTO DBA TRIPLE H MART, Docket Number 96-1416-PST-E (Facility Number 48888, Enforcement ID Number 5160) on January 12, 1998 assessing $5,400 in administrative penalties with $1,620 deferred. Information concerning any aspect of this order may be obtained by contacting Mick Wilson, Enforcement Coordinator at (512) 239-2228, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding APRIL MARKETING AND DISTRIBUTION, Docket Number 96-0750-PST-E (Facility Number 19076, Enforcement ID Number 4446) on January 12, 1998 assessing $10,000 in administrative penalties with $9,400 deferred. Information concerning any aspect of this order may be obtained by contacting Lisa Newcombe, Staff Attorney at (512) 239-2269 or Adele Noel, Enforcement Coordinator at (512) 239-1045, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding TREVINO, ALONSO AND SALINAS, PETRA TREVINO, Docket Number 97-0067-PST-E (Facility Number 48886, Enforcement ID Number E11719) on January 12, 1998 assessing $56,750 in administrative penalties with $56,150 deferred. Information concerning any aspect of this order may be obtained by contacting Lisa Newcombe, Staff Attorney at (512) 239-2269 or Connie Wong, Enforcement Coordinator at (512) 239-2567, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding DIAMOND MINI-MART, INC., Docket Number 96- 1994-PWS-E (PWS Number 2410032) on January 12, 1998 assessing $930. in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Mary Risner, Staff Attorney at (512) 239-6224 or Katharine Wheatley, Enforcement Coordinator at (512) 239-4757, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. TRD-9800900 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: January 20, 1998 Notice of Application for Municipal Solid Waste Management Facility Permit For the Period of January 12, 1998 through January 16, 1998 BLUE FLATS DISPOSAL L.L.C. for Proposed Permit Number MSW-2262 to authorize a Type I municipal solid waste landfill facility. The proposed site covers approximately 140 acres and is estimated to initially receive 200,000 tons of waste per year. The total disposal waste capacity of the landfill will be 15,800,000 cubic yards. The permittee will be authorized to dispose of municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities; municipal solid waste resulting from construction or demolition projects; brush, construction/demolition wastes, and certain Class II industrial solid waste, Class III industrial solid waste, and special waste that are properly identified. Class I non-hazardous industrial solid waste may be accepted at the site in the future pending approval of a permit modification to accept Class I non-hazardous industrial solid waste. The site will be authorized to operate the facility from 7:00 a.m. to 7:00 p.m., Monday through Saturday. The proposed waste management facility is located north of and adjacent to Interstate 20 at the Panama/Blue Flat Road exit in south central Palo Pinto County, Texas, approximately six miles east of Gordon and approximately 60 miles west of Fort Worth. If you wish to request a public hearing, you must submit your request in writing. You must state (1) your name, mailing address and daytime phone number; (2) the application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations. Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. TRD-9800899 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: January 20, 1998 Notice of Availability and Request for Public Comment The Texas Natural Resource Conservation Commission is providing an opportunity for written public comment on the Corpus Christi Bay National Estuary Program (CCBNEP) Coastal Bend Bays Plan (Plan). The Plan has been developed by the people who will be affected by its actions local industry and agriculture, cities and counties, conservation and other key stakeholder groups, and state and federal agencies. It is a detailed, yet flexible, regional framework for action that will be used by implementing partners to realign their own resources and programs to voluntarily participate in Plan implementation. It is anticipated that this version of the draft Bays Plan will be revised not only through public comment, but through numerous meetings with local governments, state and federal agencies, and key stakeholders who will all have a part to play in implementing the Plan. Official comment period: February 1 - March 31, 1998. Copies of the Plan can be obtained through the Corpus Christi Bay National Estuary Program, Natural Resources Center, Suite 3300, 6300 Ocean Drive, Corpus Christi, Texas 78412, (512) 980-3420. TRD-9800940 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: January 21, 1998 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), sec.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 March 1, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code or the Health and Safety Code, 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 March 1, 1998. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, sec.7.075 provides that comments on the AOs should be submitted to the TNRCC in writing. (1)COMPANY: A-Auto Buyers; DOCKET NUMBER: 97-0892-AIR-E; IDENTIFIER: Account Number TA-2279-C; LOCATION: Sansom Park, Tarrant County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC sec.114.1(c)(1) and (2) and the Act, sec.382.085(b), by offering vehicles for sale with missing and/or inoperable required emission control systems or devices; PENALTY: $1,500; ENFORCEMENT COORDINATOR: David Edge, (512) 239-1779; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (2)COMPANY: Ackerly Water Supply Corporation; DOCKET NUMBER: 97-0942-PWS-E; IDENTIFIER: Public Water Supply Number 0580011; LOCATION: Ackerly, Dawson County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC sec.290.106 and the Code, sec.341.033(d), by failing to collect the number of routine and repeat water samples for bacteriological analysis; and 30 TAC sec.290.105, by exceeding the maximum contaminant level for total coliform bacteria; PENALTY: $1,030; ENFORCEMENT COORDINATOR: Bill Main, (512) 239-4481; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5421, (915) 570-1359. (3)COMPANY: Alva's Collision and Refinishing; DOCKET NUMBER: 97-0904-AIR-E; IDENTIFIER: Account Number DF-0464-D; LOCATION: The Colony, Denton County, Texas; TYPE OF FACILITY: automotive paint and body shop; RULE VIOLATED: 30 TAC sec.115.421(a)(8)(B) and the Act, sec.382.085(b), by failing to use coatings and solvents that meet the volatile organic compound (VOC) emission limit requirements; PENALTY: $400; ENFORCEMENT COORDINATOR: Kevin Cauble, (512) 239- 1874; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (4)COMPANY: Alfred Chalkey dba Arrowhead Village; DOCKET NUMBER: 97-0658-PWS-E; IDENTIFIER: Public Water Supply Number 0460011; LOCATION: Canyon Lakes, Comal County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC sec.290.120(c)(5) and the Texas Health and Safety Code (THSC), sec.341.031, by failing to submit a water sample for lead and copper analysis; and 30 TAC sec.291.76 and the Code, sec.13.451, by failing to pay regulatory assessment fees; PENALTY: $630; ENFORCEMENT COORDINATOR: Adele Noel, (512) 239-1045; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (5)COMPANY: Fred Lueck dba Aztec Dairy, Incorporated; DOCKET NUMBER: 97-0627- AGR-E; IDENTIFIER: Permit Number 02953; LOCATION: Dublin, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: Permit Number 02953 and the Code, sec.126.21, by discharging waste into or adjacent to water in the state, by failing to maintain and establish 100 foot buffer zones, and by failing to maintain manure stockpiles; PENALTY: $6,760; ENFORCEMENT COORDINATOR: Claudia Chaffin, (512) 239-4717; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (6)COMPANY: Jimmy Lenamond dba Big Creek West Subdivision; DOCKET NUMBER: 97- 0672-PWS-E; IDENTIFIER: Public Water Supply Number 1470032; LOCATION: Groesbeck, Limestone County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC sec.290.120(c)(5) and the THSC, sec.341.031, by failing to submit water samples for copper and lead analysis; and the THSC, sec.341.041, by failing to pay the public health service fee; PENALTY: $630; ENFORCEMENT COORDINATOR: Terry Thompson, (512) 239-6095; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335. (7)COMPANY: Tom Blankenship; DOCKET NUMBER: 96-1875-LII-E; IDENTIFIER: Enforcement Identification Number 10155; LOCATION: Plano, Collin County, Texas; TYPE OF FACILITY: irrigation system; RULE VIOLATED: 30 TAC Chapter 344 and the Code, sec.34.007, for registration requirements; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (8)COMPANY: Cardell Kitchen & Bath Cabinetry, formerly Cardell Cabinets, Incorporated; DOCKET NUMBER: 97-0722-AIR-E; IDENTIFIER: Account Number BG-0395- U; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: wood cabinet manufacturing plant; RULE VIOLATED: 30 TAC sec.116.115(a), Permit Number 6478A, and the Act, sec.382.085(b), by exceeding the permitted level of total annual VOC emissions and by exceeding permitted levels of annual coatings usage; and 30 TAC sec.116.160 and the Act, sec.382.085(b), by exceeding 250 tons per year of total VOC emissions without obtaining Federal Prevention of Significant Deterioration permit authorization; PENALTY: $92,346; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (9)COMPANY: Pamela and Larry Cheatham; DOCKET NUMBER: 96-1874-LII-E; IDENTIFIER: License Number LI0004337; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: landscape irrigation installation; RULE VIOLATED: 30 TAC sec.sec.344.308, 344.507, 344.503, 344.301, 344.302, and the Code, Chapter 34, for minimum industry standards, for warranties, for proficiency in field of irrigation, for local regulation, and for local inspection; PENALTY: $1,400; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (10)COMPANY: Chemical Lime Company; DOCKET NUMBER: 97-0482-AIR-E; IDENTIFIER: Account Number BJ-0001-T; LOCATION: Clifton, Bosque County, Texas; TYPE OF FACILITY: quick lime manufacturing plant; RULE VIOLATED: 30 TAC sec.116.115(a), Permit Number 23214, and the Act, sec.382.085(b), by failing to submit a valid stack test report to measure emissions from Kiln Number 1 within the required time frame; and 30 TAC sec.101.20(1), 40 Code of Federal Regulations (CFR) sec.60.343(e), Permit Number 4335A, and the Act, sec.382.085(b), by not complying with federal regulations regarding continuous monitoring of the scrubbers on Kiln Number 2 for the purpose of reporting excess emissions; PENALTY: $15,500; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335. (11)COMPANY: Chemical Process and Production, Incorporated; DOCKET NUMBER: 97- 1016-AIR-E; IDENTIFIER: Account Number GB-0016-E; LOCATION: Arcadia, Galveston County, Texas; TYPE OF FACILITY: batch chemical distillation plant; RULE VIOLATED: 30 TAC sec.101.7(a), sec.116.115(a), Permit Number 238, Agreed Order Number 93-06(e), 40 CFR sec.60.18, and the Act, sec.382.085(b), by failing to maintain its flare in good working order; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (12)COMPANY: The City of Alvarado; DOCKET NUMBER: 97-0912-MWD-E; IDENTIFIER: Permit Number 10567-001; LOCATION: Alvarado, Johnson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10567-001 and the Code, sec.26.121, by exceeding the daily ammonia nitrogen permit limit; PENALTY: $13,520; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (13)COMPANY: The City of Bardwell; DOCKET NUMBER: 97-0938-MWD-E; IDENTIFIER: Permit Number 13675-001; LOCATION: Bardwell, Ellis County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 13675-001 and the Code, sec.126.21, by exceeding the permitted total suspended solids levels; PENALTY: $3,360; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (14)COMPANY: The City of Dilley; DOCKET NUMBER: 97-0818-MWD-E; IDENTIFIER: Permit Number 10404-001; LOCATION: Dilley, Frio County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10404-001 and the Code, sec.126.21, by failing to comply with the daily average biochemical oxygen demand limitation of 30 milligrams per liter and by failing to implement the approved plan and schedule; PENALTY: $13,280; ENFORCEMENT COORDINATOR: Merrilee Mears, (512) 239-4490; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (15)COMPANY: The City of Palmer; DOCKET NUMBER: 97-1021-MWD-E; IDENTIFIER: Permit Number 13620-001; LOCATION: Palmer, Ellis County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 13620-001 and the Code, sec.26.121, by exceeding the daily average five-day biochemical oxygen demand limit of ten milligrams per liter; PENALTY: $0; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (16)COMPANY: The City of Runaway Bay; DOCKET NUMBER: 97-0944-MWD-E; IDENTIFIER: Permit Number 10862-001; LOCATION: Runaway Bay, Wise County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10862-001 and the Code, sec.26.121, by exceeding the daily average total suspended solids permit limit of 25 pounds per day; PENALTY: $2,440; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (17)COMPANY: Elastech, Incorporated; DOCKET NUMBER: 97-0765-AIR-E; IDENTIFIER: Account Number HX-0917-H; LOCATION: Humble, Harris County, Texas; TYPE OF FACILITY: castable polyurethane plant; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.0518(a) and sec.382.085(b), by operating a castable polyurethane plant without first obtaining authorization through either a permit or satisfying the conditions of a permit exemption; PENALTY: $400; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (18)COMPANY: Enrique Galvan; DOCKET NUMBER: 97-0432-LII-E; IDENTIFIER: Enforcement Identification Number 12022; LOCATION: Del Rio, Val Verde County, Texas; TYPE OF FACILITY: nursery; RULE VIOLATED: The Code, sec.34.007, for registration requirements; PENALTY: $1,240; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (19)COMPANY: The J. D. Russell Company; DOCKET NUMBER: 97-0546-AIR-E; IDENTIFIER: Account Number CP-0225-E; LOCATION: Farmersville, Collin County, Texas; TYPE OF FACILITY: metal landscape edging manufacturing plant; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.0518(a) and sec.382.085(b), by constructing a dip painting facility without a valid permit or satisfying the conditions of a permit exemption; and 30 TAC sec.115.421(a)(9)(A)(ii) and the Act, sec.382.085(b), by using coatings with greater than 3.5 pounds of VOCs per gallon for metal parts in a dip painting facility; PENALTY: $5,880; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (20)COMPANY: Javelina Company; DOCKET NUMBER: 97-0901-IWD-E; IDENTIFIER: Permit Number 03137; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 03137 and the Code, sec.126.21, by exceeding the copper daily average permit limit; PENALTY: $3,360; ENFORCEMENT COORDINATOR: Bill Main, (512) 239-4481; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (512) 980-3100. (21)COMPANY: Don Jones; DOCKET NUMBER: 96-1872-LII-E; IDENTIFIER: License Number LI0001980; LOCATION: Denton, Denton County, Texas; TYPE OF FACILITY: irrigation system; RULE VIOLATED: 30 TAC sec.sec.344.1, 344.308, 344.503, License Number LI0001980, and the Code, Chapter 34, for water conservation, for minimum industry standards for licensed irrigators and licensed installers, and for proficiency in the field of irrigation representation of qualifications; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (22)COMPANY: Kelly Lane Utility Company; DOCKET NUMBER: 97-0899-MWD-E; IDENTIFIER: Permit Number 13219-001; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 13219-001 and the Code, sec.26.121, by failing to comply with the daily average total suspended solids permit limitation of five milligrams; PENALTY: $0; ENFORCEMENT COORDINATOR: Merrilee Mears, (512) 239-4490; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929. (23)COMPANY: Tim Bradberry dba Morrow Estates; DOCKET NUMBER: 97-0560-PWS-E; IDENTIFIER: Public Water Supply Number 2490043; LOCATION: Boyd, Wise County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC sec.290.120(c)(5) and the THSC, sec.341.031, by failing to submit a water sample for lead and copper analysis; and the THSC, sec.341.041, by failing to pay public health service fees; PENALTY: $480; ENFORCEMENT COORDINATOR: Tom Napier, (512) 239-6063; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (24)COMPANY: Berry Linden Mulford; DOCKET NUMBER: 97-0431-LII-E; IDENTIFIER: License Number LI0004610; LOCATION: Del Rio, Val Verde County, Texas; TYPE OF FACILITY: irrigation; RULE VIOLATED: 30 TAC sec.344.225(c) and sec.344.58(e), for unauthorized use of seal; PENALTY: $1,240; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (25)COMPANY: Orange County Water Control and Improvement District Number 2; DOCKET NUMBER: 97-0967-MWD-E; IDENTIFIER: Permit Number 10240-001; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10240-001 and the Code, sec.126.21, by failing to comply with the daily average total suspended solids loading limit of 115 pounds per day; PENALTY: $10,400; ENFORCEMENT COORDINATOR: Mary Smith, (512) 239-4484; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (26)COMPANY: Garrett Scales; DOCKET NUMBER: 97-0434-LII-E; IDENTIFIER: Enforcement Identification Number 12111; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: sprinkler system; RULE VIOLATED: The Code, sec.34.007, for registration requirements; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (27)COMPANY: TA Operating Corporation; DOCKET NUMBER: 97-0718-MWD-E; ACCOUNT NUMBER: Permit Number 13505-001; LOCATION: Amarillo, Potter County, Texas; TYPE OF FACILITY: domestic wastewater treatment plant; RULE VIOLATED: Permit Number 13505-001 and the Code, sec.26.121, by exceeding the 30-day average permit limit for biochemical oxygen demand; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas, 79109-4933, (806) 353-9251. (28)COMPANY: Tipco Services; DOCKET NUMBER: 97-0838-AIR-E; IDENTIFIER: Account Number JE-0763-E; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: sandblasting and metal coating plant; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.085(b) and sec.382.0518(a), by modifying an existing abrasive cleaning and coating operations plant; PENALTY: $11,250; ENFORCEMENT COORDINATOR: Adele Noel, (512) 239-1045; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (29)COMPANY: David McCoy dba Whitewing Subdivision; DOCKET NUMBER: 97-0565-PWS- E; IDENTIFIER: Public Water Supply Number 1460061; LOCATION: Dayton, Liberty County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC sec.290.120(c)(5) and the THSC, sec.341.031, by failing to submit a water sample for copper and lead analysis; and the THSC, sec.341.041, by failing to pay public health service fees; PENALTY: $630; ENFORCEMENT COORDINATOR: Tom Napier, (512) 239-6063; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 676-3500. TRD-9800924 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: January 21, 1998 Notice of Public Meeting-Waste Reduction Advisory Committee The Waste Reduction Advisory Committee (WRAC) will meet on February 12, 1998, at 9:00 a.m. at the State Capitol, Room E1.022 in Austin, Texas. A public comment period will be available at the beginning of the meeting. The purpose of the meeting is to welcome two new recently appointed members to the WRAC, approve the October 7, 1997 minutes, and update the WRAC on recent and upcoming activities at the Office of Pollution Prevention and Recycling. For details contact Mr. Ken Zarker at (512) 239-3145 or E-mail kzarker@tnrcc.state.tx.us. TRD-9800941 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: January 21, 1998 Provisionally-Issued Temporary Permits to Appropriate State Water Permits issued during the period of January 21, 1998 Application Number TA-7912 by Big Creek Construction, LTD for diversion of 5 acre-feet in a one year period for industrial (roadway construction) use. Water may be diverted from Mustang Creek, Trinity River Basin, approximately 9 miles southwest of centerville, Leon County Texas at the crossing of IH 45 and Mustang Creek. The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed above and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be canceled without notice and hearing. No further diversions may be made pending a full hearing as provided in Section 295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-3300. TRD-9800895 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: January 20, 1998 North Central Texas Council of Governments Notification to Secretary of State Information for Texas Register Consultant Proposal Request This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Government Code, Chapter 2254. NCTCOG intends to select a consultant to determine the feasibility of a fixed- rail trolley line between the City of Fort Worth's major attraction areas: Downtown, the Stockyards, and the Cultural District. The purpose of this proposed study is to determine the feasibility of a fixed-railed trolley line linking these three areas that would encourage tourists to visit more than one area and help extend that revitalization into and along the connecting corridors. Due Date Proposals must be submitted no later than 5:00 p.m. Central Time on Wednesday, February 4, 1998, to Lourenco Dantas, Transportation Planner, North Central Texas Council of Governments, 616 Six Flags Drive, Second Floor, or P.O. Box 5888, Arlington, Texas 76005-5888. For more information and copies of the Request for Proposals, contact Elizabeth Zecckine, (817) 695-9245. Contract Award Procedures The firm selected to perform this study will be recommended by a Project Review Committee. The PRC will use evaluation criteria and methodology consistent with the scope of services contained in the Request for Proposals. The NCTCOG Executive Board will review the PRC's recommendations and, if found acceptable, will issue a contract award. Regulation NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 41 United State Code 2000d to 2000d-4; and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary , Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award. TRD-9800864 R. Michael Eastland Executive Director North Central Texas Council of Governments Filed: January 20, 1998 Texas State Board of Examines of Psychologists Correction of Errors The Texas State Board of Examiners of Psychologists proposed new 22 TAC sec.461.30. The rule appeared in the January 9, 1998, issue of the Texas Register (23 TexReg 315). Under sec.461.30, the word "licensee" should be "licensees." Public Utility Commission of Texas Notices of Application for Approval of Certain Depreciation Rates Notice is given to the public of the filing with the Public Utility Commission of Texas an application on December 29, 1997, for approval of certain depreciation rates pursuant to sec.sec.52.002, 52.003, 52.252, and 53.056, of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows. Docket Title and Number: Application of South Plains Telephone Cooperative, Inc. for an Increase in Certain Depreciation Rates, Docket Number 18590 before the Public Utility Commission of Texas. The Application: In Docket Number 18590, South Plains Telephone Cooperative, Inc. requests approval to increase certain deprecation rates to receive full capital recovery of the following accounts: two-way radio communications equipment, headquarter buildings, computers, digital central office equipment, and fiber optic circuit equipment. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 on or before February 10, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9800667 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: January 15, 1998 Notice is given to the public of the filing with the Public Utility Commission of Texas an application on December 29, 1997, for approval of certain depreciation rates pursuant to sec.sec.52.002, 52.003, 52.252, and 53.056, of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows. Docket Title and Number: Application of Hill Country Cooperative, Inc. for an Increase in Certain Depreciation Rates, Docket Number 18599 before the Public Utility Commission of Texas. The Application: In Docket Number 18599, Hill Country Cooperative, Inc. requests approval to increase certain deprecation rates to receive full capital recovery of the following accounts: other work equipment, furniture and fixtures, digital central office switching, digital circuit equipment, digital lightwave circuit equipment, and digital subscriber circuit equipment. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 on or before February 13, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9800668 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: January 15, 1998 Notice is given to the public of the filing with the Public Utility Commission of Texas an application on December 29, 1997, for approval of certain depreciation rates pursuant to sec.sec.52.002, 52.003, 52.252, and 53.056, of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows. Docket Title and Number: Application of Taylor Telephone Cooperative, Inc. for an Increase in Certain Depreciation Rates, Docket Number 18600 before the Public Utility Commission of Texas. The Application: In Docket Number 18600, Taylor Telephone Cooperative, Inc. requests approval to increase certain deprecation rates to receive full capital recovery of the following accounts: heavy truck motor vehicles, construction work equipment, tool work equipment, headquarter buildings, general purpose computers, poles, and nonmetallic buried cable. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 on or before February 13, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9800669 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: January 15, 1998 Notices of Application for Approval of Special Amortization Notice is given to the public of the filing with the Public Utility Commission of Texas an application on December 30, 1997, for approval of special amortization for digital central office equipment in the Dawn, Frio, Hub, Milo Center, Oklahoma Lane, Parmer, Summerfield, Tharp and Westway exchanges. West Texas Rural Telephone Cooperative, Inc. is seeking approval of this request for special amortization because the proposed amortization amount to total operating revenues exceeds the 2.0% limit specified in P.U.C. Substantive Rule 23.61(h)(6)(B). A summary of the application follows. Docket Title and Number: Application of West Texas Rural Telephone Cooperative, Inc. for Special Amortization of Digital Central Office Equipment, Docket Number 18602 before the Public Utility Commission of Texas. The Application: In Docket Number 18602, West Texas Rural Telephone Cooperative, Inc. requests approval for special amortization of digital central office equipment in the Dawn, Frio, Hub, Milo Center, Oklahoma Lane, Parmer, Summerfield, Tharp and Westway exchanges. West Texas Rural Telephone Cooperative is replacing the Stromberg-Carlson D.S.O. equipment with a Siemens EWSD switch with EWSD DLU remotes. The new switching equipment is capable of providing SS7, CLASS, LNP, 2-PIC and 10XXX dialing. The new switch is scheduled to be operational in February 1998. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 on or before February 17, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9800911 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: January 20, 1998 Notice is given to the public of the filing with the Public Utility Commission of Texas an application on December 30, 1997, for approval of special amortization for digital central office equipment in the Valley View exchange. Muenster Telephone Corporation of Texas, Inc. is seeking approval of this request for special amortization because the proposed amortization amount to total operating revenues exceeds the 2.0% limit specified in P.U.C. Substantive Rule 23.61(h)(6)(B). A summary of the application follows. Docket Title and Number: Application of Muenster Telephone Corporation of Texas, Inc. for Special Amortization of Digital Central Office Equipment, Docket Number 18606 before the Public Utility Commission of Texas. The Application: In Docket Number 18606, Muenster Telephone Corporation of Texas, Inc. requests approval for special amortization of digital central office equipment in the Valley View exchange. Muenster Telephone Corporation is replacing a 1985 Stromberg-Carson D.S.O. switch with a Stromberg-Carlson EWSD switch. The new switch is capable of providing ISDN service. The new switch is scheduled to be operational in February 1998. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 on or before February 17, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9800912 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: January 20, 1998 Notice of Application for Service Provider Certificate of Operating Authority Notice is given to the public of the filing with the Public Utility Commission of Texas an application on January 15, 1998, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.154-54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of TSC Telco Corp. for a Service Provider Certificate of Operating Authority, Docket Number 18655 before the Public Utility Commission of Texas. Applicant intends to resell all local exchange services in Texas authorized by the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.062 (Vernon 1998) (PURA) as it now exists and as may subsequently be amended, to commercial and residential customers. Applicant's requested SPCOA geographic area includes the boundaries of the existing service areas of Southwestern Bell Telephone Company, GTE Southwest, Inc., Central Telephone Company of Texas, United Telephone Company of Texas, Inc., and any other electing local exchange carrier in the state of Texas. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than February 4, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9800670 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: January 15, 1998 Notice is given to the public of the filing with the Public Utility Commission of Texas an application on January 15, 1998, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.154-54.1597 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of U.S. Telephone Holding, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 18698 before the Public Utility Commission of Texas. Applicant intends to provide local exchange service, basic local telecommunications service, switched access service, and enhanced calling features in the rural and suburban areas that the Applicant desires to serve. The Applicant's primary focus will be on residential and small business customers in these areas. Applicant's requested SPCOA geographic area includes the following incumbent local exchange companies: Southwestern Bell Telephone Company, GTE Southwest, Inc., Central Telephone Company of Texas, United Telephone Company of Texas, Inc., Sugar Land Telephone Company, Lufkin-Conroe Telephone exchange, and any other incumbent local exchange company or certified telecommunications provider with over 31,000 access lines. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than February 4, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9800818 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: January 16, 1998 Notice of Intent to File Pursuant to P.U.C. Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for a new PLEXAR- Custom service for the City of Hurst in Hurst, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for a New PLEXAR-Custom Service for the City of Hurst in Hurst, Texas Pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 18695. The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for the City of Hurst, Hurst, Texas. The designated exchange for this service is the Hurst exchange, and the geographic market for this specific PLEXAR- Custom service is the Dallas LATA. 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 Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9800913 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: January 20, 1998 Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule sec.23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule sec.23.27 for a 24 station addition to the existing PLEXAR- Custom service for Fannie Mae in Dallas, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for a 24 Station Addition to the Existing PLEXAR-Custom Service for Fannie Mae in Dallas, Texas Pursuant to Public Utility Commission Substantive Rule sec.23.27. Tariff Control Number 18647. The Application: Southwestern Bell Telephone Company is requesting approval for a 24 station addition to the existing PLEXAR-Custom service for Fannie Mae in Dallas, Texas. The designated exchange for this service is the Dallas exchange, and the geographic market for this specific PLEXAR-Custom service is the Dallas LATA. 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 Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9800817 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: January 16, 1998 Public Notice of Interconnection Agreement On January 15, 1998, United Telephone Company of Texas, Inc., d/b/a Sprint, Central Telephone Company of Texas d/b/a Sprint, and Intermedia Communications, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code)(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18697. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18697. 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 February 26, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18697. TRD-9800910 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: January 20, 1998 Texas Department of Transportation Notice of Hearing Notice of Open Meeting: Pursuant to Transportation Code, sec.201.602, the Texas Department of Transportation (TxDOT) will conduct a public hearing to receive data, comments, and/or views concerning the proposed Texas Trunk System Priority Corridors and proposed project selection process. TxDOT would like to present information on the Texas Trunk System Priority Corridors within five regional areas of Texas, which are listed in the table. [graphic] The Texas Trunk System is an extensive system of future four-lane highways which has been designed to effectively and efficiently move people and goods as well as provide service. Proposed Priority Corridors are based on several criteria including traffic, remaining gaps to be completed, Mexico border access, and bypasses of metropolitan areas. The public hearing will be held on Thursday, February 12, 1998, at 2:00 p.m., in the first floor hearing room of the Dewitt C. Greer State Highway Building, 125 East 11th Street, Austin, Texas. The hearing will be conducted in accordance with the procedures specified in 43 TAC sec.1.5. Those desiring to make comments or presentations may register starting at 1:00 p.m. Any interested person may appear and offer comments, either orally or in writing; however, questioning of those making presentations will be reserved exclusively of the presiding authority as may be necessary to ensure a complete record. While any person with pertinent comments will be granted an opportunity to present them during the course of the meeting, the presiding authority reserves the right to restrict comments in terms of time and repetitive comment. Organizations, associations, or groups are encouraged to present their commonly held views, and similar comments, through a representative member where possible. Presentations must remain pertinent to the issue being discussed. A person may not assign a portion of his or her time to another speaker. A person who disrupts a public meeting must leave the meeting room if ordered to do so by the presiding officer. Persons with disabilities who plan to attend the meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, are requested to contact Eloise Lundgren, Public Information Officer, 125 East 11th Street, Austin, Texas 78701-2483, (512) 305-9196 at least two workdays prior to the meeting so that appropriate arrangements can be made. Any questions or written comments on the proposed trunk system corridors should be directed to Jerry Selby, TxDOT, Transportation Planning and Programming Division, P.O. Box 149217, Austin, Texas 78714-9217, (512) 486-5000. TRD-9800948 Bob Jackson Acting General Counsel Texas Department of Transportation Filed: January 21, 1998 Notices of Invitation Notice of Invitation: The Abilene District of the Texas Department of Transportation (TxDOT) intends to enter a contract with a professional engineer, in accordance with Government Code, Chapter 2254, Subchapter A, and 43 TAC sec.sec.9.30-9.43, to provide the following services. To be considered, a prime provider and any subproviders proposed on the team must be precertified by the deadline date for receiving the letter of interest for each of the advertised work category(s), unless the work category is a non-listed work category. To qualify for contract award, a selected prime engineer must perform a minimum of 30% of the actual contract work. Please be advised, that a prime provider or subprovider currently employing former TxDOT employees, needs to be aware of the revolving door laws including Government Code, Chapter 572 and Section 52, Article IX, of the General Appropriations Bill. To be considered, the proposed team must demonstrate that they have a professional engineer and a surveyor registered in Texas who will sign and seal the work to be performed on the contract. Contract Number 08-745P5008: Precertified work categories and the percent of work per category are: 2.14.1 - Environmental Document Preparation (10%); 3.1.1 - Route Studies and Schematic Design - Minor Roadway (20%); 4.1.1 - Minor Roadway Design (40%); 10.2.1 - Basic Hydraulic Design (10%) and 15.1.1 - Survey (20%). The work to be performed shall consist of the preparation of plans, specifications & estimate (PS&E) documents to construct a new Farm to Market Road, 11th Place, in Howard County. The existing roadway is functionally classified as a major rural collector road. The route will provide a better access to traffic from FM 700 to IH 20. The length of the project is 2.82 kilometers (1.75 miles). Historically Underutilized Business (HUB) Goal: The goal for HUB participation in the work to be performed under this contract, is 15% of the contract amount. Long List Criteria: TxDOT will consider the following criteria in its review of all interested providers. 1. Past Performance Scores Minimum Requirements - The Provider shall have satisfactory references for preparing PS&E (as described in Project Scope) for three separate widening or new location projects within the past three years. Preferred Requirements - The individual members of the Prime Provider and all Subproviders shall have satisfactory references for preparing PS&E (as described in Project Scope) for five separate widening or new location type projects within the past three years. 2. Project Requirements (Team Capability Experience) Environmental Document Preparation (2.14.1): Minimum Requirements - A team member must have worked on three similar type projects within the past three years. Preferred Requirements - A team member must have worked on five similar type projects within the past three years. Route Studies and Schematic Design - Minor Roadways (3.1.1): Minimum Requirements - A team member must have worked on three similar type projects within the past three years. Preferred Requirements - A team member must have worked on five similar type projects within the past three years. Minor Roadway Design (4.1.1): Minimum Requirements - A team member must have worked on three similar type projects within the past three years. Preferred Requirements - A team member must have worked on five similar type projects within the past three years. Basic Hydraulic Design (10.2.1): Minimum Requirements - A team member must have worked on three similar type projects within the past three years. Preferred Requirements - A team member must have worked on five similar type projects within the past three years. Right of Way Surveys (15.1.1): Minimum Requirements - A team member must have worked on three similar type projects within the past three years. Preferred Requirements - A team member must have worked on five similar type projects within the past three years. 3. Special Project (similar) Related Experience of Project Manager and Team Members Environmental Document Preparation (2.14.1): Minimum Requirements - One Registered P.E. with experience in three similar type projects within the past three years. Preferred Requirements - Minimum of one Registered P.E. with experience in five similar projects within the past three years. Route Studies & Schematic Design - Minor Roadways (3.1.1): Minimum Requirements - One Registered P.E. with experience in three similar type projects developing schematics of urban and rural roadways for major reconstruction within the past three years. Preferred Requirements - Minimum of one Registered P.E. with experience in the development of five similar projects within the past three years. Minor Roadway Design (4.1.1): Minimum Requirements - One Registered P.E. with experience in three similar type projects relating to Roadway Design within the past three years. Preferred Requirements - Minimum of one Registered P.E. with experience in five similar projects relating to Roadway Design within the past three years. Basic Hydraulic Design (10.2.1): Minimum Requirements - One Registered P.E. with three similar type projects within the past three years. Preferred Requirements - One Registered P.E. with five similar type projects within the past three years. Right of Way Surveys (15.1.1): Minimum Requirements - One Registered Land Surveyor & two technical support personnel with experience in three similar type projects gathering and developing engineering survey data within the past three years. Preferred Requirements - One Registered Land Surveyor & two technical support personnel with experience in five similar type projects gathering and developing engineering survey data within the past three years 4. Evidence of Compliance with Assigned HUB Goal: This criteria is either a commitment or not and has no other preferred status. Therefore, a provider receives three points for meeting the assigned goal or zero points for not meeting the assigned goal. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (915) 676-6902 or by mail/hand delivery to TxDOT, Abilene District, Attention: Blair W. Haynie, P.E., 4250 N. Clack, Abilene, Texas 79604. Letters of interest will be received until 5:00 p.m. on February 20, 1998. Letter of Interest Requirements: The letter of interest is limited in length to three 8 1/2 x 11 pages (10 or 12 point font size, single sided with no attachments or appendices), and must include the following: contract number 08- 745P5008; an organizational chart containing the names, addresses, telephone and fax numbers of the prime provider and any subprovider(s) proposed for the team and their contract responsibilities by work category; certification that the proposed team individuals are currently employed by either the prime provider or a subprovider; the prime provider's project manager and key personnel proposed for the contract; team capabilities; special project related experience; evidence of compliance with the assigned HUB goal through the prime provider or subprovider identified on the team, or a written commitment to make a good faith effort to meet the assigned goal; project related experience performed since precertification; and other pertinent information addressed in the notice, including references for related projects. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Blair W. Haynie, P.E., at (915) 676-6824 or fax (915) 676-6902. Contract Number 08-745P5009: Precertified work categories and the percent of work per category are: 3.1.1 - Route Studies and Schematic Design - Minor Roadways (20%); 4.1.1 - Minor Roadway Design (50%); 10.2.1 - Basic Hydraulic Design (10%) and 15.1.1 - Survey (20%). The work to be performed shall consist of the preparation of plans, specifications & estimate (PS&E) documents to construct a new Farm to Market Road, Clark Road, in Taylor County. The existing roadway is functionally classified as a major rural collector road. The route will provide a better access to traffic from FM 1750 to US 83/84. The length of the project is 6.10 kilometers (3.79 miles). 2.14.1 - Environmental document preparation to be prepared by TxDOT. Historically Underutilized Business (HUB) Goal: The goal for HUB participation in the work to be performed under this contract is 15 % of the contract amount. Long List Criteria: TxDOT will consider the following criteria in its review of all interested providers. 1. Past Performance Scores Minimum Requirements - The Prime Provider shall have satisfactory references for preparing PS&E (as described in Project Scope) for three separate widening or new location projects. Preferred Requirements - The individual members of the Prime Provider and all Subproviders shall have satisfactory references for preparing PS&E (as described in Project Scope) for five separate widening or new location type projects within the past three years. 2. Project Requirements (Team Capability Experience): Route Studies and Schematic Design - Minor Roadways (3.1.1): Minimum Requirements - A team member must have worked on three similar type projects within the past three years. Preferred Requirements - A team member must have worked on five similar type projects within the past three years. Minor Roadway Design (4.1.1): Minimum Requirements - A team member must have worked on three similar type projects within the past three years. Preferred Requirements - A team member must have worked on five similar type projects within the past five years. Basic Hydraulic Design (10.2.1): Minimum Requirements - A team member must have worked on three similar type projects within the past three years. Preferred Requirements - a team member must have worked on five similar type projects within the past three years. Right of Way Surveys (15.1.1): Minimum Requirements - A team member must have worked on three similar type projects within the past three years. Preferred Requirements - A team member must have worked on five similar type projects within the past three years. 3. Special Project (similar) Related Experience of Project Manager and Team Members Route Studies & Schematic Design - Minor Roadways (3.1.1): Minimum Requirements - One Registered P.E. with experience in three similar projects developing schematics of urban and rural roadways for major reconstruction within the past three years. Preferred Requirements - Minimum of one Registered P.E. with experience in the development of five similar projects within the past three years. Minor Roadway Design (4.1.1): Minimum Requirements - One Registered P.E. with experience in three similar type projects relating to Roadway Design within the past three years. Preferred Requirements - Minimum one Registered P.E. with experience in five similar projects relating to Roadway Design within the past three years. Basic Hydraulic Design (10.2.1): Minimum Requirements - One Registered P.E. with three similar type projects within the past three years. Preferred Requirements - One Registered P.E. with five similar type projects within the past three years. Right of Way Surveys (15.1.1): Minimum Requirements - One Registered Land Surveyor & two technical support personnel with experience in three similar type projects gathering and developing engineering survey data within the past three years. Preferred Requirements - One Registered Land Surveyor & two technical support personnel with experience in project level surveying and development of engineering data of five similar projects for TxDOT in the past three years. 4. Evidence of Compliance with Assigned HUB Goal: This criteria is either a commitment or not and has no other preferred status. Therefore, a provider receives three points for meeting the assigned goal or zero points for not meeting the assigned goal. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (915) 676-6902, or by mail/hand delivery to TxDOT, Abilene District, Attention: Blair W. Haynie, P.E., 4250 N. Clack, Abilene, Texas 79604. Letters of interest will be received until 5:00 p.m. on February 20, 1998. Letter of Interest Requirements: The letter of interest is limited in length to three 8 1/2 x 11 pages (10 or 12 point font size, single sided with no attachments or appendices), and must include the following: contract number 08- 7455009; an organizational chart containing the names, addresses, telephone and fax numbers of the prime provider and any subprovider(s) proposed for the team and their contract responsibilities by work category; certification that the proposed team individuals are currently employed by either the prime provider or a subprovider; the prime provider's project manager and key personnel proposed for the contract; team capabilities; special project related experience; evidence of compliance with the assigned HUB goal through the prime provider or subprovider identified on the team, or a written commitment to make a good faith effort to meet the assigned goal; project related experience performed since precertification; and other pertinent information addressed in the notice, including references for related projects. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Blair W. Haynie TRD-9800946 Bob Jackson Acting General Counsel Texas Department of Transportation Filed: January 21, 1998 Notice of Invitation: The Odessa District of the Texas Department of Transportation (TxDOT) intends to enter into a contract with a professional engineer pursuant to Government Code, Chapter 2254, Subchapter A, and 43 TAC sec.sec.9.30-9.43, to provide the following services. A prime provider and any subproviders proposed on the team must be precertified by the deadline date for receiving the letter of interest for each of the advertised work category(s), unless the work category is a non-listed work category. To qualify for contract award, a selected prime engineer must perform a minimum of 30% of the actual work. Please be advised, a prime provider or subprovider currently employing former TxDOT employees, needs to be aware of the revolving door laws, including Government Code, Chapter 572 and Section 52, Article IX, of the General Appropriations Bill. To be considered, the proposed team must demonstrate that they have a professional engineer, architect, landscape architect, or surveyor registered in Texas who will sign and/or seal the work to be performed on the contract. Historically Underutilized Business (HUB) Goal: The goal for HUB participation for the work to be performed under this contract is 10% of the contract amount. Contract Number: 06-845P5003 - The precertified work categories and percentage of the work per category are: 4.1.1 Minor Roadway Design (30%); 8.1.1 Signing, Parking Marking and Channelization (20%); 8.2.1 Illumination (5%); 10.1.1 Hydrologic Studies (10%); 10.2.1 Basic Hydraulic Design (15%); and 15.2.1 Design Survey (20%). The work to be performed shall consist of the preparation of plans, specifications and estimates (P.S.and E.) for urban and rural rehabilitation projects, rural rehabilitation and widening projects, and development of rural freeway projects. All environmental and public involvement concerns, schematic development, and ROW map development will be handled by TxDOT. Long List Criteria: TxDOT will consider the following criteria in its review of all interested providers. Past Performance Scores: Minimum Qualifications - The Team must provide two separate satisfactory written references (in any combination) for preparing P.S. & E. with similar major work tasks of the following project classifications: Rehabilitation existing road (scarify and reshape), widen non-freeway, or convert non-freeway to freeway. Preferred Qualifications - The team must provide four satisfactory written references as outlined in the minimum requirements of which at least two must be for projects which required rehabilitation of an existing urban facility in which it was stage constructed under traffic and one must be for conversion of a rural two lane facility into a divided four lane facility. Project Requirements (Team Capability Experience) Minor Roadway Design (4.1.1): Minimum Requirements: The team must include one professional engineer with three years of roadway design experience on two projects. Preferred Requirements: In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience in applying the design guidance developed in AASHTO's "A Policy on Geometric Design of Highways and Streets" specifically concerning grades and driveway access for urban rehabilitation projects. Signing, Pavement Marking and Channelization (8.1.1): Minimum Requirements: The team must include one professional engineer with two years experience in design and preparation of plans for signing, pavement marking, and channelization. Preferred Requirements: In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience in applying design guidance developed in the National Manual on Uniform Traffic Control Devices for small roadside signing, urban pavement markings, and rural freeway pavement markings. Illumination (8.2.1): Minimum Requirements: The team must include one professional engineer with two years experience in design and production of illumination plans meeting IESNA and AASHTO guidelines, and demonstrated experience in electrical engineering and the National Electric Code. Preferred Requirements: In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience applying design guidance developed by AASHTO for determining and locating safety lighting, and for locating and sizing continuous lighting systems. Hydrologic Studies (10.1.1): Minimum Requirements: The team must include one professional engineer with four years experience preparing hydrologic studies; and a minimum of two years as a professional engineer in analysis of complex watersheds. Preferred Requirements: In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience developing hydrologic data for both urban and rural arid to semi-arid watersheds. The rural watersheds are characterized by multiple subareas delineated by county road systems and/or irrigation systems that function as flow collectors and flow direction barriers. Basic Hydraulic Design (10.2.1): Minimum Requirements: The team must include one professional engineer with four years experience preparing hydraulic designs; and a minimum of two years as a professional engineer in hydrologic analysis, hydraulic design, and storm water quality evaluation. Preferred Requirements: In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience sizing culverts to convey the desired flow frequency and meet the desired roadside safety considerations. Design Survey (15.2.1): Minimum Requirements: The team must include one registered professional land surveyor with a minimum of one year experience in roadway construction staking who has sufficient staff to undertake the requirements associated with this type of work and who has available the proper equipment to perform the work. Preferred Requirements: In addition to the minimum requirements, the nominated surveyor must explain and adequately demonstrate his/her experience conducting topographic, hydrographic, and construction surveys. Special Project Related Experience Minor Roadway Design (4.1.1): Minimum Requirements: The Project Manager must explain and adequately demonstrate his/her experience developing stage constructed projects that does not interrupt traffic. Preferred Requirements: The Project Manager must explain and adequately demonstrate his/her experience developing stage constructed projects in an urban environment that does not interrupt traffic or surface hydraulics. Signing, Pavement Marking and Channelization (8.1.1): "Special Project Related Experience" in this category is not applicable for this contract. Illumination (8.2.1): "Special Project Related Experience" in this category is not applicable for this contract. Hydrologic Studies (10.1.1): "Special Project Related Experience" in this category is not applicable for this contract. Basic Hydraulic Design (10.2.1): Minimum Requirements: The Project Manager must explain and adequately demonstrate his/her experience following the guidance outlined in the Federal Register - Part II, Environmental Protection Agency for subpart Part IV. Storm Water Pollution Prevention Plans. Preferred Requirements: In addition to the Special Project Related Experience minimum requirements of this work task, the Project Manager must explain and adequately demonstrate his/her experience selecting and sizing sedimentation filtration systems, erosion prevention devices/features, and temporary stabilization practices. Design Survey (15.2.1): Minimum Requirements: The surveyor must explain and adequately demonstrate his/her experience in determining and managing cost effective survey requirements. Preferred Requirements: In addition to the Special Project Related Experience minimum requirements of this work task, the nominated surveyor must explain and adequately demonstrate his/her experience developing Digital Terrain Models that are functional in an interactive GEOPAK and microstation automation environment. Evidence of Compliance with Assigned DBE/HUB Goal: This criteria is either a commitment or not and has no other preferred status. Therefore, a provider receives three points for meeting the assigned goal or zero points for not meeting the assigned goal. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (915) 498-4739, or by hand delivery to TxDOT, Odessa District, 3901 East Highway 80, Odessa, Texas 79761-0501. Letters of interest will be received until 5:00 p.m. on February 20, 1998. Letter of Interest Requirements: The letter of interest is limited in length to five 8 1/2 x 11 pages, 12 pitch font size, single sided with no attachments or appendices, plus references, and must include the following: contract number 06- 845P5003; an organizational chart containing the names, address, telephone and fax numbers of the prime provider and any subprovider(s) proposed for the team and their contract responsibilities by work category; certification that the proposed team individuals are currently employed by either the prime provider or a subprovider; the prime provider's project manager and key personnel proposed for the contract; team capabilities; special project related experience; evidence of compliance with the assigned HUB goal through the prime provider or subprovider identified on the team, or a written commitment to make a good faith effort to meet the assigned goal; project related experience performed since precertification; and other pertinent information addressed in the notice, including references for related projects. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Gary J. Law, P.E. at (915) 498-4712 or fax (915) 498-4739 or at the previously stated address. TRD-9800947 Bob Jackson Acting General Counsel Texas Department of Transportation Filed: January 21, 1998 Public Notice Pursuant to Transportation Code, sec.sec.21.108-21.111, and Title 43, Texas Administrative Code, sec.30.209, the Texas Department of Transportation will conduct a public hearing to receive comments from interested parties concerning proposed approval of the: updated airport layout plan for Marfa Municipal Airport. The public hearing will be held at 9:00 a.m. on Monday, February 9, 1998, at 150 East Riverside, South Tower, 5th Floor Conference Room, Austin, Texas 78704. Any interested person may appear and offer comments, either orally or in writing, however, questioning of those making presentations will be reserved exclusively to the presiding officer as may be necessary to ensure a complete record. While any person with pertinent comments will be granted an opportunity to present them during the course of the hearing, the presiding officer reserves the right to restrict testimony in terms of time and repetitive content. Organizations, associations, or groups are encouraged to present their commonly held views, and same or similar comments, through a representative member where possible. Persons with disabilities who have special communication or accommodation needs and who plan to attend the hearing and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, are requested to contact Eloise Lundgren, Director, Public Information Office, 125 East 11th Street, Austin, Texas 78701-2483, (512) 463-8588 at least two working days prior to the hearing so that appropriate arrangements can be made. For additional information please contact Suetta Murray, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4504. TRD-9800945 Bob Jackson Acting General Counsel Texas Department of Transportation Filed: January 21, 1998 Public Notice Senate Bill 370, 75th Legislature, 1997, abolished the Texas Turnpike Authority and created the Texas Turnpike Authority division of the Texas Department of Transportation. This new division is governed by a board of directors. Additionally, Senate Bill 370 did not continue the rules of the Texas Turnpike Authority, codified in Title 43, Part II, of the Texas Administrative Code as rules of the Board. Transportation Code, sec.361.042, requires the Board to adopt rules for the regulation of its affairs and the conduct of its business. At a January 13, 1998 meeting the board passed a resolution affirming that the administrative rules of the former Texas Turnpike Authority have no force or effect as rules of the board or any other state agency. By publication of this notice, the board respectfully requests the Texas Register Division to remove the rules of the former Texas Turnpike Authority as they currently exist, and codify all future administrative rules promulgated by the Board in new Chapters beginning with number 50 of Title 43, Texas Administrative Code, Part II. TRD-9800633 Bob Jackson Acting General Counsel Texas Department of Transportation Filed: January 14, 1998 Texas Workforce Commission Request for Proposals SCHOOL TO WORK LABOR RECRUITMENT The Texas Workforce Commission invites proposals to recruit labor organizations and BAT-approved apprenticeships into the School-to-Work initiative and provide School-to-Work services to schools, the business and labor communities, and the public. A. AUTHORIZATION OF FUNDING Public Law 103-239 School-to-Work Opportunities Act of 1994 authorizes funds for this project. TWC is the lead agency in Texas for School-to-Work. B. LABOR RECRUITMENT OBJECTIVES The objective of the labor recruitment grant is to build awareness of and participation by labor organizations in the Texas School-to-Work initiative, and to both provide and build systems for providing statute-specified services which include Work-Based Learning Activities, School-Based Learning activities, Connecting Activities, and Trainer-Training. C. PROJECT DESCRIPTION The selected applicant(s) will provide one or more of the following School-to- Work activities: Work-Based Learning Activities; Connecting Activities; School- Based Learning Activities; and Trainer-Training. The selected applicant(s) also will facilitate these activities among labor, business and educational organizations; advance public awareness of and support for School-to-Work; and coordinate with other governmental entities, initiatives, and contractors pursuant to the above. D. ELIGIBLE APPLICANTS Applicants must be either a union or non-union labor organization, including any apprenticeship program approved by the Department of Labor's Bureau of Apprenticeship and Training (BAT). To be eligible, an applicant must attend a mandatory Bidder's Conference (see below). E. AVAILABLE FUNDING The project will receive funding of $100,000 for the period 5/1/98-1/29/99. If more than one applicant is selected, the $100,000 will be divided among the selected applicants. (Funding approved for future periods totals an additional $125,000, and will be available for competitive bidding in the future.) F. FUNDING RESTRICTIONS Project funds have a 10% administrative cost cap. Equipment costs have a cap of 10% of administrative costs. Expressly forbidden are using funds to pay either mentor or student wages. The applicant(s) selected must provide assurances that they will use allotted funds in accordance with PL 103-239 and use necessary fiscal control and fund accounting controls for the proper disbursal of and accounting for these funds. Prior permission must be secured from TWC before any part of the project can be subcontracted and/or changes can be made in activities to be performed, project personnel, and/or budgeted expenditures as authorized in the contract. G. LENGTH OF CONTRACT The project period is May 1, 1998 through January 29, 1999. H. REQUESTING THE APPLICATION Interested entities may obtain a copy of the complete RFP by contacting James Cooper, Program Specialist in the School-to-Work office of the Texas Workforce Commission, Room 326T, 101 East 15th Street, Austin TX 78778-0001; faxing a written request to 512/463-6689; emailing a request to james.cooper@twc.state.tx.us; or attending the mandatory Bidder's Conference (see below). I. BIDDER'S CONFERENCE A mandatory Bidder's Conference will be held Tuesday, February 17, 1998 from 10:00 am to 12:00 pm in Room 644 of the Texas Workforce Commission, 101 East 15th Street, Austin, TX 78778. J. SELECTION CRITERIA Applicants will be reviewed for eligibility by TWC. Eligibility will be determined by attendance at the mandatory Bidder's Conference, successful completion of all required proposal documentation, and meeting eligibility requirements. Eligible applicants will be evaluated and graded by TWC. Evaluation criteria are demonstrated labor experience; awareness of issues and related governmental and affiliated entities; commitment, qualifications, and support; proposed budget; and ability to complete deliverables. K. SELECTION, NOTIFICATION, AND NEGOTIATION PROCESS Applicants will be reviewed and graded on a competitive basis by TWC. Detailed evaluation criteria will be provided in the application packet. Incomplete applications are subject to rejection and disqualification by TWC. All applicants are required to attend a Bidder's Conference. Review of proposals will be completed by April 15, 1998. Funding decisions will be announced by April 20, 1998. Negotiations with contractors will be completed by May 10, 1998. L. DUE DATE AND AGENCY CONTACT The deadline for receipt of proposals is 5:00 pm, March 31, 1998 in the School- to-Work office of the TWC. No faxed proposals will be accepted. Proposals must include hardcopies as well as software versions on floppy diskette formatted for IBM PC: ASCII and WordPerfect files are acceptable, but Microsoft Word is preferred. For clarifying information, submit written requests by mail, fax, or email to James Cooper, Program Specialist, School-to-Work, Texas Workforce Commission, Room 326T, 101 East 15th Street, Austin TX 78778-0001; fax 512/463- 6689, or email james.cooper@twc.state.tx.us. M. TWC'S OBLIGATIONS TWC reserves the right to vary all provisions of this Request for Proposal prior to the execution of a contract when TWC deems such variances and/or amendments are in the best interest of the State of Texas. TWC reserves the right to reject any and all proposals. TWC's obligations under this RFP are contingent upon the actual receipt by the Agency of funds from the US Department of Education. If adequate funds are not available to make payment under the terms of this grant, TWC will terminate this RFP or resulting contract and will not be liable for failure to make payments. The Texas Workforce Commission is an equal opportunity employer/program. Auxiliary aids and services will be made available during the Bidder's Conference to individuals with disabilities, if requested at least three days in advance. TRD-9800923 J. Randel (Jerry) Hill General Counsel Texas Workforce Commission Filed: January 21, 1998 Texas Council on Workforce and Economic Competitiveness Correction of Errors The Texas Council on Workforce and Economic Competitiveness submitted an Open Meeting Notice. The notice appeared in the January 9, 1998, issue of the Texas Register (23 TexReg 380). The wrong contact person was submitted. The correct contact person should be "Alexa Ray, 1100 San Jacinto, Room 100, Austin, Texas 78701, (512) 936-8110."