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 Fuel Quality Penalty Matrix The Texas Department of Agriculture (the department) is publishing the following administrative penalty matrix to inform the regulated public. This matrix has been developed for the enforcement of Article 8614, Vernon's Texas Civil Statutes (1997) (the Article) and the rules adopted pursuant to the Article. The department's authority for enforcement of Article 8614 is found in sec.7a of the Article, whereby the department may assess and collect administrative penalties against violators of the Article or rules adopted under the Article in an amount not to exceed $500 per violation. Each day that a violation occurs or continues to occur may be considered a separate violation for purposes of administrative penalty assessment. This administrative penalty matrix is designed to ensure that the department's administrative enforcement actions are fair, uniform, consistent and appropriate. The penalties provided in the matrix are intended to deter future violations of the Article and to penalize the violator. For each type of offense there is a penalty range. The low end of each range is the presumptive base penalty for each violation, and represents an appropriate penalty for violations which are considered "minor" with respect to the criteria set forth in the Article. This matrix is effective immediately upon its publication in the Texas Register. The violations covered by the matrix are listed in Tables I-IV based upon the specific type of violation. Table I addresses automotive fuel rating (AFR) posting violations and provides for an increase in penalty amount as the variance increases between the sample test result and the posted AFR. The variance is any amount of deviation between the posted AFR and the actual AFR test results that exceeds the allowable tolerance factor of 0.70. Each AFR posting found to misrepresent the actual AFR constitutes a separate violation. Table II addresses record keeping violations. Table III addresses misrepresentations of the AFR made to the dealer by the distributor or supplier when the distributor or supplier sells the fuel to the dealer. The matrix provides for the penalty to be increased based upon the number of gallons involved in the transaction. Table IV provides a penalty to be assessed when the ethanol and/or methanol content is not posted as required by the Article for fuels found to contain ethanol and methanol. The proposed penalty will be enhanced by 25% for a prior offense for a similar violation, with the penalty not to exceed $500 per violation. An offense refers to violations in which an order has been issued and the case has been closed. The date of the violation is the inspection date. A prior violation may be used for purposes of enhancement if the date of the prior violation occurred within the previous three years. Additional reductions in the penalty may be allowed for extenuating circumstances as justice requires. This matrix becomes effective October 1, 1998. graphic TRD-9814312 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Filed: September 9, 1998 Notice of Intent and Request for Comments The Texas Department of Agriculture (the department) is accepting comments regarding the awarding of the contract for administration of a biologically intensive integrated pest management grants program to the Texas Pest Management Association (TPMA) for the period from January 1, 1999 through December 31, 1999. The maximum amount of the contract to administer the program is $30,000. The department intends to award the contract for administration of this program to TPMA due to the specialized expertise and experience of TPMA. TPMA has successfully managed this grant program for the previous five years and has developed expertise in dealing with the various aspects of this program. TPMA was established as a statewide, multi- commodity, non-profit, producer-directed organization in Texas whose primary mission is Integrated Pest Management (IPM) and continues to be the only association dedicated to the advancement of IPM in Texas. Therefore, TPMA is in a unique position to manage this program. TPMA will solicit grant proposals, participate in the review of the proposals, notify grantees of grant awards, keep accounts, disburse funds, and acquire and maintain prescribed documents. A draft of the contract to be used between the administering organization and the department and additional information about the contract may be obtained by contacting Sheri Land, Coordinator for Funding, Intergovernmental Affairs Division, at (512) 463-8536. Any comments or alternative proposals should be submitted no later than 5:00 p.m., October 8, 1998, to Sheri Land, Coordinator for Funding, Intergovernmental Affairs Division, P.O. Box 12847, Austin, Texas 78711. TRD-9814683 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Filed: September 16, 1998 Request for Proposals Pursuant to the Texas Agriculture Code, sec.12.002, and sec.12.007 and the General Appropriations Act, Acts 1995, 74th Legislature, Regular Session, Chapter 1063, at 5821- 5826, the Texas Department of Agriculture (the department) is authorized to contract with producer organizations to provide statewide integrated pest management (IPM) programs. The department intends to renew a cooperative agreement with the Texas Pest Management Association (the association) to administer the department's IPM grant program. The association, through the department, hereby requests proposals for projects for the period from January 1, 1999 through December 31, 1999, that use and expand the use of integrated pest management in agriculture. A total of $170,000 will be awarded, with no more than $15,000 being awarded per grantee. The proposed projects should be for research that relates to IPM development, the demonstration of IPM principles and technology, the establishment of educational programs to expand the use of biologically intensive IPM, and the implementation of and carrying out of biologically intensive IPM programs for farmer/rancher groups. Proposals must be submitted by non-profit producer, educational, or research organizations involved in integrated pest management programs. Joint efforts between public and private entities are encouraged. Proposals involving research other than IPM implementation research and proposals for chemical pesticides efficacy testing are not eligible for grant funds. Preference will be given to: proposals that emphasize the final development of new, previously untested technologies; proposals that compare different IPM strategies; proposals that implement new IPM tactics, strategies or components of IPM systems; proposals that seek implementation of IPM practices in Texas counties where such practices have not been used; proposals which demonstrate economic benefits for Texas; proposals which implement IPM in non-traditional commodities. Each proposal must include the following: a project summary not to exceed one page, rationale/justification, the name, address, and phone number of the principal investigator, project objectives, project work plan, description of the anticipated impact on agriculture, and a detailed project budget. The entire proposal may not exceed six pages, including attachments. Please include any matching funding that the project has or has applied for this project. Please send one original proposal with ten additional copies. All approved projects must be completed by December 31, 1999. Upon completion of the project, a project report will be due within four weeks. The quality of this report may be used to evaluate further funding requests. All awards will be subject to audit. Proposals should be submitted to Mike Wallace, Executive Director, Texas Pest Management Association, 8000 Centre Park Drive, Suite 390, Austin, Texas 78754. Mr. Wallace may be contacted by phone at (512) 834-8762 or by fax at (512) 339- 6302 for additional information about preparing the proposal. Proposals must be received no later than 5:00 p.m., October 30, 1998. All proposals will be evaluated by a proposal review committee made up of persons knowledgeable in IPM programs and practices, both scientists and non- scientists. Proposals will be evaluated based on the requirements set forth above. The announcement of the grant awards will be made by December 1, 1998. TRD-9814682 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Filed: September 16, 1998 Office of the Attorney General Texas Clean Air Act Enforcement Settlement Notice Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Clean Air Act. Section 382.096 of the Texas Health & Safety code provides that before the State may settle a judicial enforcement action under the Clean Air Act, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Texas Clean Air Act. Case Title and Court: City of Houston and State of Texas v. Reclaim Environmental, Inc., Cause No. 97-08539, in the 113th District Court, Harris County, Texas. Nature of Defendant's Operations: Reclaim Environmental, Inc., operates a waste liquids processing facility inside the corporate limits of Houston located at 7026 Lawndale, Houston, Texas 77023. Proposed Agreed Judgment: The Agreed Judgment calls for Reclaim to enclose its product loading and unloading area within a building and to vent air from the building to the outside through carbon filters. All storage tank vents must also contain carbon filters. A procedure to monitor and ensure compliance with the carbon filter program is included. The Agreed Final Judgment also provides for the payment of $26,500 in civil penalties each to the City of Houston and the State, and to pay attorneys fees of $6,000 to the City of Houston and $3,500 to the State. For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment and written comments on the judgment should be directed to Burgess Jackson, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered. TRD-9814498 Sarah Shirley Assistant Attorney General Office of the Attorney General Filed: September 14, 1998 Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC 501. Requests for federal consistency review were received for the following projects(s) during the period of September 9, 1998, through September 15, 1998: FEDERAL AGENCY ACTIONS: Applicant: Enron Ventures Corporation; Location: The project is located in the Barbours Cut Turning Basin, in Harris County, Texas; Project No. 98-0430-F1; Description of Proposed Action: The applicant is requesting to amend their existing permit to authorize the construction of a 40 by 90-foot loading platform, 20 by 100-foot walkway, four 15 by 15-foot breasting dolphins, two 15 by 15-foot mooring dolphins, and the dredging of an area approximately 1,200 feet long by 125 feet wide to a depth of 40 feet below mean low tide. Approximately 155,000 cubic yards of material is proposed to be hydraulically dredged and placed in the Spilmans Island Dredged Material Placement Area. In addition, the applicant is requesting authorization to perform maintenance dredging for a period of 10 years. The project is requested to allow the applicant to handle larger, deeper draft vessels at their existing facility; Type of Application: U.S.C.O.E. permit application #16426(04) under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). Applicant: Larry Jones; Location: The project is located on Crystal Cove, off of Taylor Lake, at 2815 Carmel Woods, Seabrook, Harris County, Texas; Project No. 98-0431-F1; Description of Proposed Action: The applicant proposes to construct a 1,120-square-foot pier/boathouse for recreational purposes; Type of Application: U.S.C.O.E. permit application #21363 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). Applicant: Cockrell Oil Corporation; Location: The project is located in the Gulf of Mexico, Kleberg County, S.T. 982S, Mustang Island Area. Latitude 27 degrees 19' 47.9436", Longitude 97 degrees 17' 52.2409" approximately 32 miles northeast of Riviera, Texas; Project No. 98-0433-F1; Description of Proposed Action: The applicant proposes to place a jack-up rig on location for the purpose of oil and gas exploration and production. If the proposed well is successful, install either a four-pile platform or a caisson well protector platform at the proposed surface location; Type of Application: U.S.C.O.E. permit application under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125- 1387). Pursuant to sec.306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. sec.sec.1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action should be referred to the Coastal Coordination Council for review and whether the action is or is not consistent with the Texas Coastal Management Program goals and policies. All comments must be received within 30 days of publication of this notice and addressed to Ms. Janet Fatheree, Council Secretary, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495. TRD-9814625 Garry Mauro Chairman Coastal Coordination Council Filed: September 15, 1998 Comptroller of Public Accounts Local Sales Tax Rate Changes Effective October 1, 1998 graphic graphic graphic graphic graphic graphic TRD-9814559 Martin Cherry Chief, General Law Comptroller of Public Accounts Filed: September 15, 1998 Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Articles 1D.003 and 1D.009, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069- 1D.003 and 1D.009, Vernon's Texas Civil Statutes). The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 09/21/98 - 09/27/98 is 18% for Consumer1/Agricultural/Commercial2/credit thru $250,000. The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 09/21/98 - 09/27/98 is 18% for Commercial over $250,000. [sup]1Credit for personal, family or household use. [sup]2Credit for business, commercial, investment or other similar purpose. TRD-9814653 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: September 16, 1998 Texas Credit Union Department Application for a Merger or Consolidation Notice is given that the following application has been filed with the Texas Credit Union Department and is under consideration: An application was received from Mid-County Teachers Credit Union (Port Neches) seeking approval to merge with City of Orange Employees Federal Credit Union (Orange) with Mid-County Teachers Credit Union being the surviving credit union. Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699. TRD-9814642 Lynette Pool-Harris Deputy Commissioner Texas Credit Union Department Filed: September 16, 1998 Applications to Amend Articles of Incorporation Notice is given that the following applications have been filed with the Texas Credit Union Department and are under consideration: An application for a name change was received for Doches District Telco Credit Union, Nacogdoches, Texas. The proposed new name is Doches Community Credit Union. An application for a name change was received for Montgomery Ward Texas Credit Union, Arlington, Texas. The proposed new name is Montgomery Ward Credit Union. An application for a name change was received for Wichita Falls Postal Credit Union, Wichita Falls, Texas. The proposed new name is PosTel Family 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-9814644 Lynette Pool-Harris Deputy Commissioner Texas Credit Union Department Filed: September 16, 1998 Applications to Expand Field Membership Notice is given that the following applications have been filed with the Texas Credit Union Department and are under consideration: An application was received from First Educators Credit Union, Houston, Texas to expand its field of membership. The proposal would permit students attending institutions of higher education in Harris and Montgomery Counties (the terminology "institution of higher education" includes public or private technical institute, trade school, junior college, community college, senior college or university, law school, or any other post secondary or postgraduate institution, school, or facility), excluding students of UT Healthcare System and Baylor College of Medicine at the time membership is sought, to be eligible for membership in the credit union. An application was received from First Educators Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of all offices of Goodwill Industries of Houston located in Harris County to be eligible for membership in the credit union. An application was received from United Heritage Credit Union, Austin, Texas to expand its field of membership. The proposal would permit the members of Austin Diagnostic Clinic's Classics Club to be eligible for membership in the credit union. An application was received from Koch-Glitsch Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit the employees of Koch- Glitsch, Inc. who work in or are paid from Wichita, Kansas to be eligible for membership in the credit union. Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699. TRD-9814643 Lynette Pool-Harris Deputy Commissioner Texas Credit Union Department Filed: September 16, 1998 Notice of Final Action Taken In accordance with the provisions of 7 TAC Section 91.103, the Texas Credit Union Department provides notice of the final action taken on the following application(s): Applications to Expand Field of Membership EPNE Credit Union, El Paso, Texas - See Texas Register issue dated June 26, 1998. Capitol Credit Union, Austin, Texas - See Texas Register issue dated June 26, 1998. Scott & White Employees Credit Union, Temple, Texas - See Texas Register issue dated June 26, 1998. Application to Amend Articles of Incorporation Procter & Gamble/Folger Coffee Texas Employees Credit Union, Dallas, Texas - See Texas Register issue dated July 31, 1998. Application for a Merger or Consolidation West Texas Credit Union and TSWAG Federal Credit Union - See Texas Register issue dated June 5, 1998. TRD-9814641 Lynette Pool-Harris Deputy Commissioner Texas Credit Union Department Filed: September 16, 1998 Texas Education Agency Correction of Error The Texas Education Agency adopted an amendment to 19 TAC sec.109.41. The rule appeared in the July 31, 1998, issue of the Texas Register, (23 TexReg 7782). On page 7782, the proposal publication date was published as "May 29, 1998" and should read "April 17, 1998." General Services Commission Notice of Contract Award The State of Texas (the "State") through the General Services Commission (the "GSC") pursuant to its Request for Proposal ("RFP") as issued in the December 26, 1997, issue of the Texas Register (22 Tex Reg 12870) for conducting a comprehensive needs analysis of the Automated and Non-Automated processes of the GSC, awarded the contract to Spectrum Consulting Group, Inc. on or about May 8, 1998. The RFP was the result of the responses to GSC's Phase 1, Requests for Information ("RFI") #98-1A, that was published in the October 3, 1997, issue of the Texas Register (22 Tex Reg 10033). The RFP for the services requested constituted Phase II of this process. Spectrum Consulting Group Inc. has conducted a comprehensive needs analysis to improve the quality of the information required by the GSC Commissioners and GSC Executive Management in the decision making process and to increase communications and information sharing among GSC divisions. Spectrum Consulting Group, a division of Maximus, located at 2800 S. IH 35, Suite 160, Austin, Texas 78704 undertook six (6) tasks to complete the comprehensive needs analysis: (1) Project Plan - Spectrum delivers a final written work plan and project timeline for review and approval on or about May 26, 1998. (2) Oral Presentation of Findings - Spectrum makes oral presentations to GSC Commissioners, GSC Executive Management, staff and other interested parties on or about June 30, 1998. (3) Report of Findings - Spectrum provides copies of the written report to the GSC on or about July 7, 1998. (4) First Draft of Proposed Business Processes Report Spectrum provides copies of the written report to the GSC on or about August 10, 1998. (5) Oral Presentation of Proposed Business Processes Spectrum makes oral presentations to GSC Commissioners, GSC Executive Management, staff and other interested parties on or about August 25, 1998. (6) Proposed Business Processes Final Report - Spectrum provides copies of the written report to the GSC on or about September 4, 1998. The contract between GSC and Spectrum Consulting Group is for the total value of $127,500.00. The contract began May 8, 1998, and is scheduled to conclude September 4, 1998. The results of the needs analysis will serve as an integral part of GSC's report to the Texas State Auditor's Office. For further information, please contact Donna Cordes, Director of Information Systems, GSC at (512) 475-2486. TRD-9814430 Judy Ponder General Counsel General Services Commission Filed: September 11, 1998 Texas Department of Housing and Community Affairs Correction of Error The Texas Department of Housing and Community adopted repeals to 10 TAC sec.sec.80.1, 80.21-80.29, 80.36-80.41, 80.51-80.65, 80.67, 80.118, 80.121, 80.123-80.126, 80.129-80.132, 80.135, 80.181-80.186, and 80.201-80.208 and new 10 TAC sec.sec.80.10, 80.11, 80.20, 80.50-80.56, 80.62-80.64, 80.66, 80.119- 80.123, 80.125-80.128, 80.130-80.132, 80.135, 80.180, and 80.202-80.208. The rules appeared in the September 4, 1998, issue of the Texas Register, (23 TexReg 9020). Page 9020-Standards and Requirements (TRD-9813298) Error: The publication states 10 TAC sec.sec.80.51-80.63, 80.64, 80.65, and 80.67 become effective on November 3, 1998. Correction: Rules 10 TAC sec.sec.80.51-80.63 become effective 60 days after publication (Effective Date: November 3, 1998). Rules 10 TAC sec.sec.80.64, 80.65, and 80.67 become effective 20 days after filing (Effective Date: September 9, 1998). Page 9020-General Requirements (TRD-9813301) Error: The publication states 10 TAC sec.sec.80.118, 80.121, 80.123-80.126, 80.129-80.132, and 80.135 become effective on September 9, 1998. Correction: Rules 10 TAC sec.sec.80.118, 80.123-80.126, 80.129-80.132, and 80.135 become effective 20 days after filing (Effective Date: September 9, 1998). Rule 10 TAC sec.80.121 becomes effective 60 days after publication (Effective Date: November 3, 1998). Page 9027-Subchapter D, Standards and Requirements (TRD-9813307) Error: The publication states 10 TAC sec.sec.80.50-80.56, 80.62, 80.63, 80.64, and 80.66 become effective on November 3, 1998. Correction: Rules 10 TAC sec.sec.80.50-80.56, 80.62, and 80.63 become effective 60 days after publication (Effective Date: November 3, 1998). Rules 10 TAC sec.80.64 and sec.80.66 become effective 20 days after filing (Effective Date: September 9, 1998). Page 9028-Subchapter E, General Requirements (TRD-9813310) Error: The publication states 10 TAC sec.sec.80.119, 80.120-80.123, 80.125- 80.128, 80.130-80.132, and 80.135 become effective on September 9, 1998. Correction: Rules 10 TAC sec.sec.80.120-80.123, 80.125-80.128, 80.130-80.132, and 80.135 become effective 20 days after filing (Effective Date: September 9, 1998). Rules 10 TAC sec.80.119 becomes effective 60 days after publication (Effective Date: November 3, 1998). Texas Department of Human Services Request for Consulting Services In accordance with the provisions of Chapter 2254, Subchapter B, of the Texas Government Code, Article 6252-11c, the Texas Department of Human Services (DHS) invites offers for consulting services for a research analysis of the cost- effectiveness of DHS long-term care services. Description of Services: DHS is interested in obtaining information about its long-term care programs, and about similar programs in other states, that will assist in identifying the need for program refinements and aid the agency in assessing initiatives that have been proposed to improve these services. Any public or private organization may submit a proposal. Terms and Amount: The approximate timeframes for this contract are from October 19, 1998, through March 5, 1999. The cost limit for the work is $500,000. Selection and Evaluation: Each proposal received will be reviewed to determine (a) if it was received on or before the deadline date and time and (b) if the proposed budget is no greater than the budget limit. All proposals received on or before this date and time which do not exceed the budget limit will be submitted to an agency evaluation committee. The committee will evaluate and score the proposals based on predetermined criteria. DHS reserves the right to accept or reject all or any part of a proposal and to award one or more contracts to best serve the interests of DHS. Reports Due: The contractor will submit a final research report to DHS no later than March 5, 1999. Closing Date: Proposals must be received by DHS at the address shown no later than 5:00 P.M. on October 9, 1998. Late proposals will not be evaluated. Revisions to proposals previously submitted will be accepted provided the revisions are received no later than the proposal due date at the proposal delivery address. DHS cannot accept proposals delivered by e-mail or by FAX. Contact Person: For a complete RFP packet, please contact Sandra R. Simon, Ph.D., at (512) 438-4729. The RFP may also be accessed and downloaded through the Electronic State Business Daily website at http://204.64.175.94/1380/bid show.cfm. Find Department of Human Services in the agency listing, then enter agency requisition number: PAE98081101. Dr. Simon's address is: Sandra R. Simon, Ph.D.; Program Analysis and Evaluation W-340; Texas Department of Human Services, P.O. Box 149030, Austin, Texas 78714- 9030. TRD-9814616 Glenn Scott Agency Liaison Texas Department of Human Services Filed: September 15, 1998 Texas Department of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application to change the name of USLIFE CREDIT LIFE INSURANCE COMPANY to AMERICAN GENERAL ASSURANCE COMPANY, a foreign life company. The home office is located in Schaumburg, IL. Application for incorporation in Texas for MAGELLAN BEHAVIORAL HEALTH, INC., a domestic HMO. The home office is located in Dallas, Texas. Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701. TRD-9814629 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: September 15, 1998 The following applications have been filed with the Texas Department of Insurance and are under consideration: Application to change the name of CAPITOL AMERICAN LIFE INSURANCE COMPANY to CONSECO HEALTH INSURANCE COMPANY, a foreign life company. The home office is located in Phoenix, Arizona. Application for incorporation in Texas for UNDERWRITERS LLOYDS OF TEXAS, a domestic Lloyds company. The home office is located in Dallas, Texas. Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701. TRD-9814434 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: September 11, 1998 Notice The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by the Continental Insurance Company proposing to use rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, sec.3(g). They are proposing rates for private passenger automobile insurance ranging from -30% to -90% below the benchmark by coverage for their Classic Automobile Program. Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761. This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, sec.3(h), is made with the Chief Actuary for P&C, Philip Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice. TRD-9814433 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: September 11, 1998 Notices of Public Hearing The Commissioner of Insurance will hold a public hearing under Docket No. 2382 on October 7, 1998, at 10:00 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, to consider two appointments to the Building Code Advisory Committee (Committee). One of the appointments is a replacement for a current public member, and the other appointment is replacement for the county judge or county commissioner appointee. The Commissioner is considering the appointment of Mr. Joseph E. Minor of Rockport to replace Ms. Patricia Higgins of Port Arthur as a public member, and the appointment of County Commissioner Paul W. Lott of Chambers County to replace former County Judge William McDaniel of Kleberg County. Article 21.49, sec.6A(f) of the Insurance Code provides for the appointment of an advisory committee to advise and make recommendations to the Commissioner on building specifications in the plan of operation of the Texas Windstorm Insurance Association (TWIA). Article 21.49, sec.6A(f) also provides for the membership of the Committee, including public members and a county judge or county commissioner appointee from the designated catastrophe area. Pursuant to 28 TAC sec.5.4002(f), the members of the Committee shall serve on the Committee at the discretion of the Commissioner, and any appointee resigning from the Committee shall be replaced by the Commissioner with another appointee representing the same constituency as the resigning appointee. The hearing is held pursuant to the Insurance Code, Article 21.49, sec.5A, which provides that the Commissioner, after notice and hearing, may issue any orders considered necessary to carry out the purposes of Article 21.49 (Catastrophe Property Insurance Pool Act), including, but not limited to, maximum rates, competitive rates, and policy forms. Any person may appear and testify for or against the proposed appointments. This agency hereby certifies that the proposed appointments have been reviewed by legal counsel and found to be within the agency's authority to adopt. TRD-9814550 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: September 15, 1998 The Commissioner of Insurance, at a public hearing under Docket No. 2383 scheduled for November 4, 1998 at 10:00 a.m., in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 1997, 1998, and 1999 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Ref. No. A-0998-25-I), was filed on September 8, 1998. The new and/or adjusted symbols for the Manual's Symbols and Identification Section reflect data compiled on damageability, repairability, and other relevant loss factors for the listed 1997, 1998, and 1999 model vehicles. A copy of the petition, including an exhibit with the full text of the proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Angie Arizpe at (512) 463-6326; refer to (Ref. No. A-0998-25-I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register, to the Office of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, Automobile and Homeowners Group, Texas Department of Insurance, P. O. Box 149104, MC 104-5A, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. TRD-9814556 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: September 15, 1998 Legislative Budget Board Schedule for Joint Budget Hearings (for the period of September 28-October 6, 1998) on Appropriations Requests for the 2000-2001 Biennium figure 1 figure 2 TRD-9814665 John Keel Director Legislative Budget Board Filed: September 16, 1998 Lower Colorado River Authority Notice The Lower Colorado River Authority (LCRA) has filed a report to the Public Utility Commission of Texas (PUC or commission) regarding the acquisition by LCRA of a one-half interest in structures used to support a double circuit 138 kilovolt (kV) transmission line in Travis and Hays counties, Texas, 6.3 miles in length, such structures supporting one Austin Energy (City of Austin) circuit and one LCRA circuit. This matter has been assigned PUC Docket No. 19788. LCRA's circuit on these structures was approved by the commission in PUC Docket No. 10735. LCRA seeks a finding that the acquisition is consistent with the public interest. Persons with questions about this project should contact Mark Walker of LCRA at (512) 473-3378; Legal Department, 3701 Lake Austin Blvd., Austin, Texas 78703. Persons who wish to intervene in the proceeding or comment upon action sought should contact the Public Utility Commission of Texas at 1701 N. Congress Ave., Austin, Texas, 78701 or call the Public Utility Commission Public Information Office at (512) 936-7140 or (512) 936-7136 for the text telephone. The deadline for intervention is October 9, 1998, and a letter requesting intervention should be received by the commission by that date. TRD-9814562 Glen E. Taylor General Counsel Lower Colorado River Authority Filed: September 15, 1998 Texas Natural Resource Conservation Commission Notice of Opportunity to Comment on Default Orders 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 Default Orders. The TNRCC Staff proposes Default Orders when the Staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to the Texas Water Code, sec.7.075, this notice of the proposed orders and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is October 24, 1998. The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Default Order if a comment discloses facts or considerations that indicate that the proposed Default Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments. A copy of each of the proposed Default Orders is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these Default Orders should be sent to the attorney designated for each Default Order at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on October 24, 1998. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Default Orders and/or the comment procedure at the listed phone number; however, comments on the Default Orders should be submitted to the TNRCC in writing (1) COMPANY: James Higgins and John Higgins dba Bulldog Environmental; DOCKET NUMBER: 98-0149-MSW-E; TNRCC ID NUMBER: No TNRCC Permit; LOCATION: Montgomery, Montgomery County, Texas; TYPE OF FACILITY: solid waste processing facility; RULES VIOLATED: 30 TAC sec.330.4 by storing and processing municipal solid waste without TNRCC authorization; PENALTY: 5,000; STAFF ATTORNEY: William Puplampu, Litigation Division, MC 175, (512) 239-0677; REGIONAL OFFICE: Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500 (2) COMPANY: Richard Dinscore; DOCKET NUMBER: 97-1037-OSI-E; TNRCC ID NUMBER: 3885; LOCATION: Dripping Springs, Hays County, Texas; TYPE OF FACILITY: on-site sewerage facility; RULES VIOLATED: 30 TAC sec.285.33(a), sec.285.50(d), and Texas Health and Safety Code, sec.366.004 by cutting the sewer line to the evapotranspiration bed, causing a discharge of sewage, thereby not exercising reasonable care, judgement or application of knowledge in the performance of duty of an on-site sewage installer; PENALTY: $938; STAFF ATTORNEY: William Puplampu, Litigation Division, MC 175, (512) 239-0677; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758, (512) 339-2929 TRD-9814651 Paul C. Sarahan Director, Litigation Division Texas Natural Resource Conservation Commission Filed: September 16, 1998 Notices of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AO)s pursuant to the Texas Water Code, sec.7.075. Section 7.705 requires that before the TNRCC may approve the AOs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register not later than the 30th day before the date on which the public comment period closes, which in this case is October 24, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or hold approval of AOs if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to proposed AOs is not required to be published if those changes are made in response to written comments. A copy of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the AOs should be sent to the attorney designated for the AOs at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on October 24, 1998. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorney is available to discuss the AOs and/or the comment procedure at the listed phone number; however, sec.7.075 provides that comments on the AOs should be submitted to the TNRCC in writing. (1) COMPANY: James Jones dba Jones Mobile Home Park; DOCKET NUMBER: 97-0676-PWS- E; PWS NUMBER: 0920029; LOCATION: Kilgore, Gregg County, Texas; TYPE OF FACILITY: public drinking water system; RULES VIOLATED: 30 TAC sec.290.120(c)(5) and Texas Health and Safety Code, sec.341.031 by failing to submit a water sample from said public water system for copper and lead analysis; PENALTY: $480; STAFF ATTORNEY: Lisa Z. Hernandez, Litigation Division, MC 175, (512) 239- 0612; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas, 75701-3756, (903) 535- 5100. (2) COMPANY: Curiel Construction, Incorporated; DOCKET NUMBER: 98-0100-AIR-E; TNRCC ID NUMBER: EE-0739-E; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: construction material site; RULE VIOLATED: 30 TAC sec.111.143(3)(B) and Texas Health and Safety Code, sec.382.085(b) by transporting particulate material in an open-bodied truck without a complete cover; PENALTY: $1,250; STAFF ATTORNEY: Laura Kohansov, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634. TRD-9814652 Paul C. Sarahan Director, Litigation Division Texas Natural Resource Conservation Commission Filed: September 16, 1998 The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), 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 October 25, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on October 25, 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: Charles Tucker dba C & R Muffler; DOCKET NUMBER: 98-0239-AIR-E; IDENTIFIER: Account Number DB-4842-J; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: state inspection station; RULE VIOLATED: 30 TAC sec.114.3(f) and the Act, sec.382.085(b), by issuing a vehicle inspection certificate without completely and properly performing all required emission tests; PENALTY: $625; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (2) COMPANY: Max Smith dba Calvert Concrete; DOCKET NUMBER: 98-0681-AIR-E; IDENTIFIER: Account Number WK-0238-M; LOCATION: Jarrell, Williamson County, Texas; TYPE OF FACILITY: specialty concrete batch plant; RULE VIOLATED: 30 TAC sec.116.110(a) and the THSC, sec.382.085(b) and sec.382.0518(a), by operating without a permit or meeting the conditions of a standard exemption; PENALTY: $2,160; ENFORCEMENT COORDINATOR: Mark Leidig, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929. (3) COMPANY: Crisp Welding Service, Incorporated; DOCKET NUMBER: 98-0267-AIR-E; IDENTIFIER: Account Number WN-0179-Q; LOCATION: Bridgeport, Wise County, Texas; TYPE OF FACILITY: hopper and conveyor manufacturing plant; RULE VIOLATED: 30 TAC sec.101.4 and the THSC, sec.382.085(a) and (b), by creating a nuisance condition by allowing paint over spray; and 30 TAC sec.116.110(a) and the THSC, sec.382.085(b) and sec.382.0518(a), by conducting outdoor spray painting and sandblasting operations without obtaining a permit or qualifying for an exemption from permitting; PENALTY: $6,875; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (4) COMPANY: Cross Roads Independent School District; DOCKET NUMBER: 98-0354- MWD-E; IDENTIFIER: Permit Number 13789-001; LOCATION: Malakoff, Henderson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 13789-001 and the Code, sec.26.121, by failing to meet the permitted biochemical oxygen demand and total suspended solids limitations; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Mike Meyer, (512) 239-4492; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100. (5) COMPANY: Diamond Shamrock Refining and Marketing Company; DOCKET NUMBER: 98- 0252-AIR-E; IDENTIFIER: Account Numbers EE-0801-B, EE-0849-T, EE-0934-E, EE- 0935-C, EE-0943-D, EE-0944-B, EE-0945-W, EE-0946-U, and EE-0983-O; LOCATION: Anthony and El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience stores; RULE VIOLATED: 30 TAC sec.114.100(a) and the THSC, sec.382.085(b), by offering for sale gasoline for use as a motor vehicle fuel with an oxygen content of less than 2.7% by weight; PENALTY: $13,680; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634. (6) COMPANY: Engineered Carbons, Incorporated; DOCKET NUMBER: 98-0179-AIR-E; IDENTIFIER: Account Number OC-0020-R; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: carbon black calcining plant; RULE VIOLATED: 30 TAC sec.101.4 and the THSC, sec.382.085(a) and (b), by emitting carbon black particulate matter in such concentration and of such duration as was or tended to adversely affect property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property; PENALTY: $15,000; ENFORCEMENT COORDINATOR: Lawrence King, (512) 239-1405; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (7) COMPANY: FFP Operating Partners, L. P.; DOCKET NUMBER: 98-0546-AIR-E; IDENTIFIER: Account Number EE-1608-N; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: gasoline dispensing site; RULE VIOLATED: 30 TAC sec.115.252(1) and the THSC, sec.382.085(b), by placing, storing, or holding in a stationary tank, reservoir, or other container gasoline which may ultimately be used in a motor vehicle in the El Paso area with a Reid Vapor Pressure greater than 7.0 pounds per square inch absolute; and 30 TAC sec.114.100(a) and the THSC, sec.382.085(b), by supplying and/or dispensing gasoline for use as a motor vehicle fuel which failed to meet the minimum oxygen content of 2.7% by weight; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634. (8) COMPANY: The Hertz Corporation; DOCKET NUMBER: 98-0525-AIR-E; IDENTIFIER: Account Number EE-1145-J; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: vehicle rental store; RULE VIOLATED: 30 TAC sec.114.100(a) and the THSC, sec.382.085(b), by supplying and/or dispensing gasoline for use as a motor vehicle fuel which failed to meet the minimum oxygen content of 2.7% by weight; PENALTY: $600; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634. (9) COMPANY: Houston Chemical Distributors, L.L.C.; DOCKET NUMBER: 98-0277-AIR- E; IDENTIFIER: Account Number GB-0122-E; LOCATION: Algoa, Galveston County, Texas; TYPE OF FACILITY: water treatment chemical mixing plant; RULE VIOLATED: 30 TAC sec.101.4, sec.101.5, and the THSC, sec.382.085(a) and (b), by releasing vapors from an aqua ammonia spill that were in such concentration and of such duration as to be or tend to be injurious to or to adversely affect human health or welfare, animal life, vegetation, or property, as to interfere with the normal use and enjoyment of animal life, vegetation, or property, and as to cause a traffic hazard or interference with normal road use; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (10) COMPANY: Medina Electric Cooperative, Inc.; DOCKET NUMBER: 98-0466-AIR-E; IDENTIFIER: Account Number FJ-0012-P; LOCATION: Pearsall, Frio County, Texas; TYPE OF FACILITY: fossil-fuel-fired steam generators; RULE VIOLATED: 30 TAC sec.122.121 and the Act, sec.382.054 and sec.382.085(b), by operating emission units at the site without a federal operating permit; and 30 TAC sec.122.130(a) and the Act, sec.382.054 and sec.382.085(b), by failing to submit a timely federal operating permit application; PENALTY: $10,000; ENFORCEMENT COORDINATOR: David D. Turner, (210) 490-3096; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (11) COMPANY: Bauke Mulder; DOCKET NUMBER: 98-0356-AGR-E; IDENTIFIER: Enforcement Identification Number 12380; LOCATION: near Hico, Hamilton County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: The Code, sec.26.121, by allowing an unauthorized discharge of wastewater from the facility; PENALTY: $3,125; ENFORCEMENT COORDINATOR: Claudia Chaffin, (512) 239-4717; REGIONAL OFFICES: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750 and 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335. (12) COMPANY: Price Construction, Incorporated; DOCKET NUMBER: 98-0292-AIR-E; IDENTIFIER: Account Numbers 92-1169-G and 91-6664-N; LOCATION: Eagle Pass, Maverick County, Texas; TYPE OF FACILITY: rock crushing and asphalt concrete plants; RULE VIOLATED: 30 TAC sec.116.115(a), sec.111.111(a)(8), Permit Numbers 21169 and T-17532, and the THSC, sec.382.085(b), by failing to control dust emissions from the rock crusher and asphalt plants at or below permitted levels; 30 TAC sec.116.115(a), Permit Number T-17532, and the THSC, sec.382.085(b), by failing to obtain written site approval prior to construction of the asphalt concrete plant; 30 TAC sec.116.115(a), sec.101.20(1), Permit Number 21169, and the THSC, sec.382.085(b), by failing to conduct a performance test; 30 TAC sec.101.4, sec.101.5, and the THSC, sec.382.085(a) and (b), by failing to control dust emissions causing a nuisance condition to adjacent property and a traffic hazard on a nearby federal highway; and 30 TAC sec.116.116(a), Permit Number 21169, and the THSC, sec.382.085(b), by failing to construct the rock crusher as represented in the permit application by installing a crusher with a higher production rate; PENALTY: $9,360; ENFORCEMENT COORDINATOR: David D. Turner, (210) 490-3096; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (13) COMPANY: Southwest Convenience Stores, Incorporated; DOCKET NUMBER: 98- 0522-AIR-E; IDENTIFIER: Account Number EE-1007-W; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store; RULE VIOLATED: 30 TAC sec.114.100(a) and the THSC, sec.382.085(b), by offering for sale gasoline for use as a motor vehicle fuel which failed to meet the minimum oxygen content of 2.7% by weight; PENALTY: $600; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239- 1899; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925- 5633, (915) 778-9634. TRD-9814557 Paul Sarahan Director, Legal-Litigation Division Texas Natural Resource Conservation Commission Filed: September 15, 1998 Notices of Public Hearing Notice is hereby given that under the requirements of Texas Health and Safety Code, sec.382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations (CFR), sec.51.102 of the United States Environmental Protection Agency regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 113 and to the SIP. The commission proposes the repeal of sec.sec.113.31-113.68, concerning Lead from Stationary Sources. The proposed repeals will eliminate lead rules which no longer apply to active lead sources. In addition, the commission proposes renaming Subchapter B to National Emission Standards for Hazardous Air Pollutants (NESHAPs) (FCAA sec.112, 40 CFR 61). This proposal was originally taken to hearing on September 8 and 9, 1998. However, due to an error in fulfilling all public hearing notification requirements for SIPs, the commission has scheduled another public hearing. The additional public hearing will be held in Austin on October 26, 1998, at 10:00 a.m. in Building F, Room 5108 of the Texas Natural Resource Conservation Commission complex, located at 12100 North IH-35, Park 35 Technology Center. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing. Written comments may be submitted to Heather Evans, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All comments should reference Rule Log Number 98006- 113-AI. Comments must be received by 5:00 p.m., October 26, 1998. For further information, please contact Phil Harwell, Air Policy and Regulations Division, Office of Policy and Regulatory Development, (512) 239-1517. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible. TRD-9814673 Margaret Hoffman Director, Environmental Law Division Texas Natural Resource Conservation Commission Filed: September 16, 1998 Notice is hereby given that under the requirements of the Texas Government Code, Subchapter B, Chapter 2001, and the Texas Health and Safety Code, sec.382.017, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning 30 TAC Chapter 285, relating to the on-site sewage facilities. These proposed amendments will bring this chapter into conformity with House Bill (HB) 3059, passed by the 75th Legislature (1997), which amended Chapter 366 of the Health and Safety Code related to on-site sewage disposal systems. HB 3059 established that for single family residences in counties with a total population of less than 40,000, the regulatory authority for on-site sewage facilities may not condition the issuance of a permit to require the owner of an aerobic treatment system to have a maintenance contract. The proposed amendment reflects that in such situations the owner, after receiving the appropriate training, may either maintain the facility personally or enter into a maintenance contract. Also, HB 3059 modified the definition for on-site sewage disposal systems to allow for the use of cluster type system and expanded the definition of local governmental entity to allow public health districts to become authorized agents under this program. Finally, these amendments reflect the latest version of the National Sanitation Foundation International (NSF) criteria for the testing of proprietary treatment systems. A public hearing on the proposal will be held October 22, 1998, at 10:00 a.m. in Room 254-S of TNRCC Building E, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing. Written comments on the proposal should mention Rule Log Number 97150-285-WT and may be submitted to Lutrecia Oshoko, Office of Policy and Regulatory Development, MC 201, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-4640. Comments may be faxed to (512) 239-5687, but must be followed up with the submission and receipt of the written comments within three working days of when they were faxed. Written comments must be received by 5:00 p.m., October 26, 1998. For further information or questions concerning this proposal, please contact Warren Samuelson, Certification and Compliance Division, (512) 239-4799. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible. TRD-9814634 Margaret Hoffman Environmental Law Division Texas Natural Resource Conservation Commission Filed: September 16, 1998 Texas Parks and Wildlife Department Gulf States Marine Fisheries Meeting The Gulf States Marine Fisheries Commission will hold its 49th Annual Fall Meeting October 12-16, 1998. Texas is the host state and arrangements have been made to convene at the Four Points Hotel Riverwalk North, 110 Lexington Avenue, San Antonio, TX (210) 223-9461. All persons interested in the Gulf States Marine Fisheries Commission are invited to attend. For additional information please call Virginia K. Herring (601) 875-5912. TRD-9814396 Bill Harvey, Ph.D. Regulatory Coordinator Texas Parks and Wildlife Department Filed: September 10, 1998 Request for Proposals The Texas Parks & Wildlife Department (TPWD) is requesting proposals for fiscal year 1999. The Section 6 grants (money allotted to states from the Endangered Species Act) must concern a species (or a suite of species) that is federally listed as threatened or endangered or that is a species of concern for listing. For FY 99, we are estimating up to $80,000 in new project money. Due to the reduced amount of new project funds available, most (but not all) of the money will fund TPWD projects. General TPWD priorities for proposal selection include: projects that contribute to conservation solutions with an emphasis on public lands; projects that contribute technical assistance information that can be used by landowners and managers; and projects that generate new education and outreach materials and programs to reach the Texas public. Within the general priorities listed above, a variety of criteria are used to select projects, including the rarity of the species, the degree of threat, whether a void of information exists concerning it, whether the project will accomplish significant recovery for the species, and whether the project will have benefit to more than one species. To assist in developing relevant proposals, please see A Plan for Action to Conserve Rare Resources in Texas which includes priority ranks and species conservation needs for each major taxonomic group. The Plan is available from TPWD. Additional guidance may be obtained from recovery actions listed in U.S. Fish and Wildlife Service recovery plans. The amount of funding available for individual projects varies; however, most projects average $10,000 to $20,000 per year and 1-4 years in length (private consultant contracts are limited to less than $10,000 per year). Section 6 funds are made available on 3:1 matching basis from the U.S. Fish and Wildlife Service. TPWD requires its contractors to provide the 25% match. The match may be in the form of salaries, in-kind services, etc., and may exceed 25%. TPWD may circulate proposals received (without author's name if requested) for peer review. TPWD may then work with the proposal author to modify the project to both parties' satisfaction. Proposal Guidelines. The proposal should provide the following information: Need. State the problem which needs to be solved wholly or in part by this research/project. Include a brief discussion of the literature review relative to the problem. Objective. State precisely the intended outputs from the effort, indicating the quality and the time of accomplishment. Expected Results or Benefits. Describe how the results will be used and how their use will resolve the need described. Approach. Describe how the research will be carried out. Include the methods(s) to be employed and the schedule to be followed. Also include the name of the principal investigator. Location. Identify where the work will be done. Estimated Cost. Provide the estimated cost, by year, for completion of the objective. Deadline for receipt of proposals is 1 November, 1999. Proposals should be sent to: Gareth Rowell, Section 6 Coordinator, Wildlife Diversity Program, Texas Parks & Wildlife Department, 3000 IH 35, South, Suite 100 Austin, TX 78704 (512) 912-7011. TRD-9814518 Bill Harvey, Ph.D. Regulatory Coordinator Texas Parks and Wildlife Department Filed: September 14, 1998 Texas State Board of Pharmacy Election of Officers The Texas State Board of Pharmacy announces the election of the following officers to serve from September 1, 1998 to August 31, 1999: Oren Peacock, R.Ph., President; Roberta High, R.Ph., Vice President; Bill Pittman, R.Ph., Treasurer. TRD-9814474 Gay Dodson, R.Ph. Executive Director/Secretary Texas State Board of Pharmacy Filed: September 14, 1998 Public Utility Commission Notice of Application for Sale, Transfer, or Merger Notice is given to the public of the filing with the Public Utility Commission of Texas an application for sale, transfer, or merger on August 24, 1998, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.14.101 (Vernon 1998). Docket Style and Number: Application for Sale, Transfer, or Merger of Lower Colorado River Authority. Docket Control Number 19788. The Application: The Lower Colorado River Authority seeks approval of the acquisition of an undivided one-half interest in designated transmission facilities of Austin Energy, in accordance with Public Utility Regulatory Act sec.14.101. The Lower Colorado River Authority asserts that approval of this application will not result in a rate increase for its customers. Persons who wish to intervene in the proceeding or comment upon the action sought should contact, not later than October 9, 1998, the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Consumer Protection at (512) 936- 7120. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. TRD-9814573 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 15, 1998 Notices of Applications for Service Provider Certificate of Operating Authority Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on September 4, 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 InfoCom Services, Inc., for a Service Provider Certificate of Operating Authority, Docket Number 19831 before the Public Utility Commission of Texas. Applicant intends to provide local exchange switched services on a resale basis from the incumbent local exchange companies (ILECs) or other certified carrier using unbundled network elements obtained from ILECs using services and facilities provided by other carriers or using facilities owned or operated by the applicant. Applicant's requested SPCOA geographic area includes the geographic area of Texas currently served by 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, Inc., and any other ILEC or certified telecommunications provider. 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 September 30, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9814540 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 15, 1998 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on September 9, 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 Data Recall, LLC., for a Service Provider Certificate of Operating Authority, Docket Number 19837 before the Public Utility Commission of Texas. Applicant intends to provide basic local exchange service, including but not limited to, basic lines, and associated features, functions, and options, and local calling services through the resale of any and all services available for resale. Applicant's requested SPCOA geographic area includes the entire state of Texas. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, 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 September 30, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9814542 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 15, 1998 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on September 10, 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 Integral Telecommunications Services, L.L.C., for a Service Provider Certificate of Operating Authority, Docket Number 19841 before the Public Utility Commission of Texas. Applicant intends to provide business and residential facilities-based telecommunications services and proposes to provide recurring flat rate local exchange service, EAS service, toll restrictions, call control options, tone dialing, custom calling services, Caller ID and any other services which are available from the underlying incumbent local exchange carrier or other certificated carrier within the Applicant's service area. Applicant's requested SPCOA geographic area includes the entire state of Texas. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, 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 September 30, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9814571 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 15, 1998 Notice of Application to Change Determination of Demand From Non-Coincident Peak to Coincident Peak Notice is given to the public of the filing with the Public Utility Commission of Texas on September 2, 1998, an application by South Texas Electric Cooperative, Inc., to change its determination of demand from non-coincident peak to coincident peak pursuant to sec.sec.36.102- 36.105; 36.108-36.109; and 36.111 of the Public Utility Regulatory Act. A summary of the application follows. Docket Title and Number: Application of South Texas Electric Cooperative, Inc., to Change Its Determination of Demand from Non-Coincident Peak to Coincident Peak, Docket Number 19825. The Application: South Texas Electric Cooperative, Inc., (STEC) seeks approval of a tariff revision involving a change in the determination of the demand charge from a non-coincident peak to a coincident peak. The six member cooperatives, Jackson Electric Cooperative, Inc.; Karnes Electric Cooperative, Inc.; Nueces Electric Cooperative, Inc.; San Patricio Electric Cooperative, Inc.; Victoria Electric Cooperative, Inc.; and Wharton County Electric Cooperative, Inc. will be affected. Based upon historical usage, some of the customer cooperatives will experience a reduction in their cost of power and some of them will experience a short-term increase in the cost of power. STEC asserts that the cost of power it charges its members will be reduced over the long term because the change in rate will encourage a more efficient use of power. 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 no later than October 19, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 19285. TRD-9814539 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 15, 1998 Notice of Application to Introduce New or Modified Rates or Terms Pursuant to P.U.C. Substantive Rule sec.23.25 Notice is given to the public of an application filed with the Public Utility Commission of Texas on September 9, 1998 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule sec.23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs). Tariff Title and Number: Notification of Southwestern Bell Telephone Company (SWBT) to Institute Promotional Rates for Residence Optional Calling Plans, Pursuant to Substantive Rule sec.23.25. Tariff Control Number 19839. The Application: SWBT is instituting promotional rates for residence customers newly subscribing to the 1 Hour Block of Time or the 15% Discount Optional Calling Plan between October 1, 1998 and December 28, 1998. During the promotional period, new subscribers of the 1 Hour Block of Time plan will receive a one-time credit of $9.60 or a one-time credit of $3.00 for subscribing to the 15% Discount Optional Calling Plan. SWBT requests an effective date of October 1, 1998. Persons who wish to intervene in this proceeding 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 by October 12, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936- 7136. TRD-9814541 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 15, 1998 Notice of Complaint On May 21, 1998, Integretel, Inc. (IGT) filed a complaint against GTE Southwest Incorporated (GTE-SW) and requested an investigation into the customer complaint threshold provision contained in GTE-SW's billing services agreement (agreement). IGT also requested that the Public Utility Commission of Texas (commission) void the non-automatic renewal clause and customer complaint threshold provision contained in the agreement for public policy reasons. This matter has been assigned Docket Number 19370. The commission has determined that the following issues are to be addressed in this docket. 1. Did GTE-SW violate the terms of the agreement? 2. Do the actions of GTE-SW, complained of by IGT, constitute discrimination and/or the impairment of competition as contemplate by PURA sec.55.06(1)-(2)? 3. If the answer to issue number 2, in whole or in part, is in the affirmative, what alternative business arrangements would satisfy the strictures imposed by PURA sec.5.006(1)-(2)? 4. What is the appropriate public interest standard that should guide the behavior of GTE-SW in the future when it structures compacts similar to the agreement? The deadline for intervention is September 30, 1998. The hearing on the merits is scheduled to begin on Monday, January 11, 1999 at the Commission's offices located at 1701 North Congress Avenue in Austin, Texas. Any motion to intervene in this proceeding must reference Docket Number 19370 and must be filed by 3:00 p.m. on Wednesday, September 30, 1998. Any such motion should be mailed or delivered to the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. For information on intervening, please call the Public Utility Commission of Texas at (888) 782-8477 or (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. TRD-9814543 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 15, 1998 Notice of Entry into a Major Consulting Contract Pursuant to Texas Government Code sec.2254.030 On July 10, 1998, the Public Utility Commission of Texas (the commission) issued a Request for Proposals for Consulting Services to Provide Support in the Implementation of the WINDOWS NT Local Area Network pursuant to Texas Government Code Chapter 2254. The commission has selected the proposal offered by Rainbow Analysis Systems Group, Inc., (RAS Group), which has its principal place of business at 8800 Business Park Drive, Austin, TX 78759. RAS Group is a HUB vendor certified by the General Services Commission. RAS Group will assess the agency's technological needs to migrate from the use of a Novell operating system to the use of the Windows NT software program during the fiscal year 1999, and will assist the agency in executing the migration. RAS Group will deliver required documentation for specifications, configuration and assessment information to the agency on or before September 14, 1998. Based upon the results of the needs assessment and equipment and configuration recommendations, the agency will enter into a subsequent work plan agreement for RAS Group assistance in carrying out the recommended migration project. The project commenced August 31, 1998 and will be completed by December 31, 1998. The initial phase of the contract, the needs analysis, will not exceed a value of twelve thousand dollars. The second phase of the contract is estimated not to exceed forty thousand dollars. The total value of the contract is estimated not to exceed fifty-two thousand dollars. For further information regarding this contract award, contact Susan K. Durso, Administrative Counsel, Public Utility Commission of Texas, PO Box 13326, Austin, TX 78711-3326. TRD-9814572 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 15, 1998 Notice of Intent to File Pursuant to P.U.C. 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 P.U.C. Substantive Rule sec.23.27 for an addition to the existing PLEXAR-Custom service for Bell County in Belton, Texas. Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Addition to the Existing PLEXAR-Custom Service for Bell County in Belton, Texas Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19842. The Application: Southwestern Bell Telephone Company is requesting approval for an addition to the existing PLEXAR-Custom service for Bell County in Belton, Texas. PLEXAR- Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the Belton exchange, and the geographic market for this specific PLEXAR-Custom service is the Waco 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-9814570 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 15, 1998 Notice of Petition for Rulemaking The Public Utility Commission of Texas (commission) has received a petition for rulemaking from the Lower Colorado River Authority, designated as Project Number 19809 - Petition for Rulemaking to Amend Substantive Rule sec.23.67(g)(2), Transmission Cost of Service Recovery. The petition, which was filed on August 28, 1998, requests that the commission amend Substantive Rule sec.23.67 to permit a utility to include the costs of a statewide weather-data collection network to be included in its wholesale transmission rates. Persons who are interested in obtaining a copy of the petition for rulemaking may do so by contacting the commission's Central Records Office, 1701 N. Congress Ave., P.O. Box 13326, Austin, Texas 78711-3326. Persons who wish to file written comments on the petition may do so not later than October 16, 1998. Comments (16 copies) should be filed in the commission's Central Records Office. All inquiries and comments concerning this petition for rulemaking should refer to Project Number 19809. In a separate project, Project Number 18703 - Review of Transmission Access Rules, Substantive Rules sec.23.67 and sec.23.70, the commission is considering broader changes to its transmission rules and expects to publish a proposed rule requesting comments on the proposed changes. The commission may incorporate into its notice of the proposed rule a request for comments concerning the proposed amendment filed by filed by the Lower Colorado River Authority in Project Number 19809. If it does so, the comments filed by October 16, 1998 in Project Number 19809 will be incorporated into the summary of comments filed in Project Number 18703. Participants will not need to duplicate their comments in both projects. TRD-9814569 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 15, 1998 Public Notices of Interconnection Agreements On September 1, 1998, Millennium Telecom, L.L.C. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19822. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 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 19822. 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 October 2, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule 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 project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19822. TRD-9814536 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 15, 1998 On September 1, 1998, Trans National Telecommunications, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19818. 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 19818. 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 October 7, 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 19818. TRD-9814537 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 15, 1998 On September 8, 1998, AirTouch Paging of Texas and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19835. 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 19835. 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 October 7, 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 19835. TRD-9814538 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 15, 1998 Texas Racing Commission Notice of Public Hearing Pursuant to Texas Civil Statues, Article 179e, sec.18.02, an administrative law judge will conduct an administrative hearing for the Texas Racing Commission in SOAH Docket No. 476-98-0801, the application for a pari-mutuel Class 2 horse racetrack license in Parker County. The hearing will begin at 9:00 a.m. on Tuesday, October 6, 1998, at the State Office of Administrative Hearings, Stephen F. Austin Building, 1700 North Congress, Suite 1100, Austin, Texas. All interested persons are welcome to attend. The applicant, Parker County Squaw Creek Downs, asserts that it is qualified to receive a Class 2 horse racetrack license. Persons who have intervened and granted party status are: Lone Star Race Park, Ltd., Texas Thoroughbred Association, Texas Horsemen's Partnership. L.L.P., City of Grand Prairie and Grand Prairie Sports Facilities Development Corporation. The nonparty participants are: Weatherford Chamber of Commerce, United Horsemen's Association and Robert E. Brooks. The hearing will be conducted in accordance with the Administrative Procedures Act, Chapter 2001, Government Code, State Office of Administrative Hearings Rules of Procedure 1 Texas Administrative Code Chapter 155 and Texas Racing Commission Rules 16 Texas Administrative Code Chapter 307. Questions regarding this matter should be directed to Roselyn Marcus, General Counsel, Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711, (512) 833-6699. TRD-9814512 Roselyn Marcus General Counsel Texas Racing Commission Filed: September 14, 1998 Texas Department of Transportation Public Notices Pursuant to Transportation Code, sec.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: construction services at Hondo Municipal Airport, Grayson County Airport at Sherman/Dennison, Mid-Valley Airport at Weslaco, and Gladewater Municipal Airport; a airport master plan at Sulphur Springs Municipal; and design and construction services at Perryton Ochiltree County Airport. The public hearing will be held at 9:00 a.m. on Friday, October 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 and special communication or accommodation needs planning 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 E. 11th St., 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-9814676 Joanne Wright Associate General Counsel Texas Department of Transportation Filed: September 16, 1998 In accordance with, Transportation Code, sec.201.602, the Texas Transportation Commission will conduct a public hearing to receive data, comments, views, and/or testimony concerning the commission's highway project selection process and the relative importance of the various criteria on which the commission bases its project selection decisions. It is emphasized that the subject of the hearing will be the procedure by which projects are selected and not the merits or details of specific projects themselves. The public hearing will be held on Thursday, October 29, 1998, at 9:00 a.m., in the first floor hearing room of the Dewitt C. Greer State Highway Building, 125 E. 11th Street, Austin, Texas. The hearing will be held in accordance with the procedures specified in 43 TAC sec.1.5. 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 authority as may be necessary to ensure a complete record. While any person with pertinent comments or testimony concerning the selection procedure will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time and repetitive comment. Organizations, associations, or groups are encouraged to present their commonly held views, and same or similar comments, through a representative member where possible. Presentations must remain pertinent to the issue being discussed. A person may not assign a portion of his or her time to another speaker. A person who disrupts a public hearing must leave the hearing room if ordered to do so by the presiding officer. Persons with disabilities who plan to attend the hearing and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, are requested to contact Eloise Lundgren, Director, Public Information Office, at 125 E. 11th St., Austin, Texas 78701-2383, (512) 463-2810 at least two working days prior to the hearing so that appropriate arrangements can be made. Copies of the criteria/information will be available beginning September 29, 1998, at the department's Riverside Annex, 118 E. Riverside Drive, Bldg. 118, Room 2B-6, Austin, (512) 486-5050. Written comments may be submitted to the Texas Department of Transportation, Attention: Alvin R. Luedecke, Jr., P.E., P.O. Box 149217, Austin, Texas 78714-9217. The deadline for receipt of comments is 5:00 p.m. on November 9, 1998. TRD-9814675 Bob Jackson Acting General Counsel Texas Department of Transportation Filed: September 16, 1998 Request for Qualification Statements The Airport Sponsors listed below, through their agent, the Texas Department of Transportation (TxDOT), intend to engage Aviation Professional Engineering Services pursuant to Chapter 2254, Subchapter A, of the Government Code. The Aviation Division of TxDOT will solicit and receive qualifications for professional engineering design services as described in the project scope for each individual project listed below: Airport Sponsor: City of Alice and County of Jim Wells; Alice International; TxDOT Project Number: 9916ALICE; Project Scope: Prepare an Airport Layout Plan and provide engineering/design services to reconstruct southeast end of Runway 13-31, Taxiway B and apron; rehabilitate, stripe and mark Runway 13-31 and 17- 35; complete parallel taxiway to Runway 31 end; construct stub taxiway to Runway 31 end; rehabilitate, repair, and mark taxiway A; rehabilitate taxiway B, C, taxiway to Runway 35 and apron; replace perimeter fencing and install erosion/sedimentation controls at the Alice International Airport. Project Manager: John Wepryk. Airport Sponsor: City of Alpine; Alpine-Casparis Airport; TxDOT Project Number: 9924ALPNE; Project Scope: Provide engineering/design services to overlay, stripe and mark Runway 1-19; rehabilitate, stripe and mark Runway 5-23; rehabilitate and mark taxiways; reconstruct hangar access taxiways; install taxiway centerline reflectors; expand concrete apron; reconstruct/rehabilitate apron; replace windcone; install supplemental windcone Runway 1 end; install exit and hold signs for Runway 1-19; and install deer-proof fencing at the Alpine- Casparis Municipal Airport. Project Manager: Bijan Jamalabad. Airport Sponsor: County of Andrews; Andrews County Airport; TxDOT Project Number: 9906ANDRW; Project Scope: Prepare an Airport Layout Plan and provide engineering/design services to rehabilitate, stripe and mark Runway 15-33; rehabilitate stopways; rehabilitate, stripe and mark Runway 2-20; rehabilitate and mark taxiways; install taxiway centerline reflectors; rehabilitate apron; install runway end identifier lights for Runway 2-20 and Runway 33; and install segmented circle at the Andrews County Airport. Project Manager: Bijan Jamalabad. Airport Sponsor: City of Atlanta; Hall-Miller Municipal Airport; TxDOT Project Number: 9919ALNTA; Project Scope: Prepare an Airport Layout Plan and provide engineering/design services to rehabilitate, stripe and mark Runway 5-23; reconstruct/widen/mark taxiway to apron; construct and mark taxiway to Runway 5; site preparation for taxiway extension; rehabilitate and mark partial parallel taxiway; install taxiway centerline reflectors; reconstruct apron; install precision approach path indicator (PAPI-2) for Runway 5; install runway end identifier lights for Runway 5-23; replace rotating beacon tower; and install erosion/sedimentation controls at the Hall-Miller Municipal Airport. Project Manager: John Wepryk. Airport Sponsor: City of Bay City; :Bay City Municipal Airport; TxDOT Project Number: 9913BAYCY; Project Scope: Prepare an Airport Layout Plan and provide engineering/design services to rehabilitate, stripe and mark Runway 13-31; rehabilitate and mark parallel taxiway; construct stub taxiway for hangar access taxiways; reconstruct hangar access taxiways; reconstruct taxiway intersection; overlay apron; expand apron; install precision approach path indicator (PAPI-2) for Runway 13; install runway end identifier lights for Runway 13; rehabilitate lighted windcone and segmented circle; install supplemental lighted windcone northwest corner; and upgrade runway signage at the Bay City Municipal Airport. Project Manager: John Wepryk. Airport Sponsor: County of Stephens; Stephens County Airport; TxDOT Project Number: 9923BRKRG Project Scope: Prepare an Airport Layout Plan and provide engineering/design services to rehabilitate, stripe and mark one crosswind runway; rehabilitate rotating beacon; and replace medium intensity runway lights for Runway 17-35 at the Stephens County Airport. Project Manager: Steve Roth. Airport Sponsor: City of Brownwood; Brownwood Regional; TxDOT Project Number: 9923BWNWD; Project Scope: Prepare an Airport Layout Plan and drainage study; provide engineering/design services to rehabilitate, stripe and mark Runway 17- 35; replace medium intensity runway lights for Runway 17-35; overlay, stripe and mark Runway 13-31; replace medium intensity runway lights for Runway 13-31; reconstruct taxiway D; rehabilitate taxiways A, B, and C; rehabilitate public apron, north T-hangar apron and south T-hangar apron; rehabilitate concrete slabs on apron; provide power to hold signs for Runway 17-35; improve drainage at north T-hangar apron; and reconstruct north T-hangar apron at the Brownwood Regional Airport. Project Manager: Steve Roth Airport Sponsor: City of Cleveland; Cleveland Municipal; TxDOT Project Number: 9920CLVND; Project Scope: Prepare an Airport Layout Plan and provide engineering/design services to rehabilitate, stripe and mark Runway 16-34; rehabilitate and mark parallel taxiway; construct cross taxiway and taxilane; rehabilitate hangar access taxiway; reconstruct/rehabilitate main apron; rehabilitate north apron; install runway exit signs; install taxiway centerline reflectors; relocate lighted windcone and segmented circle; and replace medium intensity runway lights radio controller at the Cleveland Municipal Airport. Project Manager: John Wepryk. Airport Sponsor: City of Corsicana; C. David Campbell-Field Corsicana; TxDOT Project Number: 9918CORSI; Project Scope: Provide engineering/design services to overlay, stripe and mark Runway 14-32; rehabilitate and mark parallel taxiway to Runway 14-32; reconstruct hangar access taxiways; rehabilitate and mark hangar access taxiway; install taxiway centerline reflectors; overlay apron; upgrade runway signage; and install precision approach path indicator (PAPI-2s) for Runway 4-22 and Runway 14-32 at the C. David Campbell Field-Corsicana. Project Manager: Alan Schmidt. Airport Sponsor: City of Decatur; Decatur Municipal Airport; TxDOT Project Number: 9902DECTR; Project Scope: Provide engineering/design services to rehabilitate, stripe and mark Runway 16-34; rehabilitate and mark parallel taxiway; construct stub taxiway, hangar access taxiway, and apron; rehabilitate apron; relocate lighted windcone and segmented circle; and upgrade runway lighting and signage at the Decatur Municipal Airport. Project Manager: Alan Schmidt. Airport Sponsor: City of Fort Worth; Fort Worth Spinks Airport; TxDOT Project Number: 9902SPNKS; Project Scope: Prepare an Airport Layout Plan and provide engineering/design services to rehabilitate, stripe and mark Runway 17R-35L; rehabilitate and mark taxiways A,B,C,D,E,F,G and H; install lighted guidance signs; and replace rotating beacon and tower at the Fort Worth Spinks Airport. Project Manager: Alan Schmidt. Airport Sponsor: City of Galveston; Scholes Field Airport; TxDOT Project Number: 9912GLVST; Project Scope: Prepare a drainage study; and provide engineering/design services to improve pavements on Runway 13-31 and taxiways; replace rotating beacon and tower; improve airport drainage; and install erosion/sedimentation controls at the Galveston International Airport. Project Manager: John Wepryk. Airport Sponsor: City of Gatesville and County of Coryell; Gatesville City- County Airport; TxDOT Project Number: 9909GATES; Project Scope: Prepare an airport layout plan and provide engineering/design services to extend Runway 17- 35, 7 end; widen Runway 17-35; overlay, stripe and mark Runway 17-35; relocate medium intensity runway lights for Runway 17-35; extend medium intensity runway lights for Runway 17-35; overlay stub taxiway; rehabilitate hangar access taxiway; reconstruct apron and hangar access taxiway; install precision approach path indicator-2s for Runway 17-35; install runway end identifier lights for Runway 17-35; and install erosion/sedimentation controls at the Gatesville City- County Airport. Project Manager: Alan Schmidt. Airport Sponsor: County of Ector; Odessa-Schlemeyer Field; TxDOT Project Number: 9906ODESA; Project Scope: Provide engineering/design services to realign, construct, stripe and mark new Runway 11-29; construct parallel and stub taxiways to Runway 11-29; install medium intensity runway lights for Runway 11- 29; rehabilitate hangar access taxiways; install taxiway centerline reflectors; reconstruct apron and improve drainage; install precision approach path indicator (PAPI-4s) for Runway 11-29; install runway end identifier lights for Runway 11-29; install runway signs for Runway 11-29; replace sign panels Runway 2-20; remove underground fuel storage tanks; and install erosion/sedimentation controls at the Odessa-Schlemeyer Field Airport. Project Manager: Bijan Jamalabad. Airport Sponsor: City of Plainview and County of Hale; Hale County Airport; TxDOT Project Number: 9905PLNVW; Project Scope: Prepare an Airport Layout Plan and provide engineering/design services to overlay, stripe and mark Runway 4-22; overlay, stripe and mark Runway 13-31; rehabilitate and mark taxiways; and rehabilitate west side and east side aprons at the Hale County Airport. Project Manager: Bijan Jamalabad. Airport Sponsor: County of Aransas; Aransas County Airport; TxDOT Project Number: 9916RCKPT; Project Scope: Provide engineering/design services to improve airport airside drainage; construct/expand apron; relocate elements associated with new apron; improve terminal area drainage; replace visual approach slope indicator with precision approach path indicator (PAPI-4) for Runway 14; install runway end identifier lights for Runway 32; update airfield lighting systems; install new rotating beacon and tower; and install security fencing with gates on the east side at the Aransas County Airport. Project Manager: John Wepryk. Airport Sponsor: County of Gaines; Gaines County Airport; TxDOT Project Number: 9905SEMNL; Project Scope: Provide engineering/design services to overlay, stripe and mark Runway 17-35; rehabilitate, stripe and mark Runway 8-26; mark parallel taxiways; install precision approach path indicator (PAPI-2) for Runway 26; and replace segmented circle at the Gaines County Airport. Project Manager: Bijan Jamalabad. Airport Sponsor: County of Rusk; Rusk County Airport; TxDOT Project Number: 9910HENDR; Project Scope: Provide engineering/design services to rehabilitate, stripe and mark Runway 16-34; rehabilitate, stripe and mark Runway 12-30; rehabilitate taxiways; install taxiway centerline reflectors; rehabilitate apron; upgrade runway exit lights at the Rusk County Airport. Project Manager: John Wepryk. Interested firms which do not already have a copy of the Form 439, entitled "Aviation Consultant Services Questionnaire,"(August 1995 version) may request one from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, Phone number, 1-800-68-PILOT (74568). The form is also available on high density 3 1/2" diskette in Microsoft Excel 5.0, and may be ordered from the above address with remittance of $2.50 to cover costs. The form may also be downloaded from the TxDOT web site, URL address http://www.dot.state.tx.us./insdtdot/orgchart/avn/avninfo/avninfo.htm. Download the file from the selection "Consultant Services Questionnaire Packet". The form may not be altered in any way, and all printing must be in black. QUALIFICATIONS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. Two completed, unfolded copies of Form 439 (August 1995 version), for each project of interest to the consultant must be postmarked by U. S. Mail midnight October 9, 1998 (CDST). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDST) on October 13, 1998; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. October 13, 1998 (CDST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. The three pages of instructions should not be forwarded with the completed questionnaires. Electronic facsimiles will not be accepted. Each airport sponsor's duly appointed committee will review all professional qualifications and select three to five firms to submit proposals. Those firms selected will be required to provide more detailed, project-specific proposals which address the project team, technical approach, Disadvantaged Business Enterprises (DBE) participation, design schedule, and other project matters, prior to the final selection process. The final consultant selection by the sponsor's committee will generally be made following the completion of review of proposals and/or consultant interviews. Each airport sponsor reserves the right to reject any or all statements of qualifications, and to conduct new professional services selection procedures. If there are any procedural questions, please contact Karon Wiedemann, Director, Grant Management, or the designated Project Manager for technical questions at 1-800-68-PILOT (74568). TRD-9814674 Joanne Wright Associate General Counsel Texas Department of Transportation Filed: September 16, 1998 Texas Turnpike Authority Division of the Texas Department of Transportation Notice of Intent Pursuant to Title 43, Texas Administrative Code, sec.sec.52.1 - 52.8, concerning Environmental Review and Public Involvement, the Texas Turnpike Authority division (TTA) of the Texas Department of Transportation (TxDOT) is issuing this notice to advise the public that an Environmental Impact Statement will be prepared for a proposed new location highway/tollway project in Williamson and Travis Counties, Texas. The TTA, in cooperation with the Federal Highway Administration (FHWA), will prepare a draft environmental impact statement (EIS) on a proposal to construct the northern segment, Segment A, of State Highway 130. State Highway 130 - Segment A is proposed to extend from IH 35 at State Highway 195 north of Georgetown in Williamson County to US Highway 290 east of Austin in Travis County. This Notice of Intent (NOI) supersedes an NOI issued by the Texas Department of Transportation on January 3, 1995. This NOI also serves to inform the public that the proposed project has been identified as a toll road candidate. Accordingly, TxDOT has assigned project development responsibilities to TTA. As currently envisioned, in its entirety State Highway 130 will extend from north of Georgetown to IH 10 near Seguin in Guadalupe County. It will be located generally parallel to and east of Interstate Highway 35 and the urban areas of Austin, San Marcos and New Braunfels. The total length of proposed State Highway 130 is 143.5 kilometers (89 miles). The proposed State Highway 130 facility is being developed in three segments with each segment having logical termini and independent utility. FHWA and TTA will prepare an environmental impact statement for each of the three independent segments. The length of Segment A, which is the subject of this NOI, varies depending on the selected alternative, from approximately 41.5 kilometers (25.7 miles) to 46.6 kilometers (28.9 miles). The purpose of proposed State Highway 130, Segment A is to relieve congestion on Interstate 35 by providing an alternative route for those who commute between Austin and surrounding areas as well as drivers desiring to bypass the central business areas of Austin, Round Rock and Georgetown. The proposed action will also provide improved access and increased mobility to urbanized areas in the proposed corridor; help support planned business and residential growth in various areas throughout the project corridor; and provide needed freeway access from surrounding areas to the proposed Austin Bergstrom International Airport. As currently envisioned the proposed Segment A facility will be a controlled access toll road; thus, in conjunction with the EIS and selection of a preferred alternative, the TTA will conduct a toll feasibility study to evaluate the viability of developing the selected alternative as a toll road and financing it, in whole or part, through the issuance of revenue bonds. The toll road designation will not influence the selection of a preferred alternative. Proposed alternatives, including alternative alignments, will be evaluated for how well they meet the stated purpose and need for the proposed project. Any impacts owing to the toll road designation will be discussed in the environmental impact statement. The draft EIS for Segment A will address a build alternative including multiple alternative alignments. Alternatives to the proposed action, which will also be discussed in the EIS, will include: (1) taking no action, or the "no build" alternative, and (2) improving existing roadways in the project area. The build alternatives include multiple alternative alignments along new location rights- of-way connecting Interstate 35 to U.S. Highway 290. Impacts caused by the construction and operation of Segment A of State Highway 130 will vary according to the alternative alignment utilized. Generally, impacts would include the following: transportation impacts (construction detours, construction traffic, and mobility improvement); air and noise impacts from construction and operation of the roadway; water quality impacts from construction areas and roadway stormwater runoff; impacts to waters of the United States including wetlands from right-of-way encroachment; and impacts to residences and businesses. Letters describing the proposed action and soliciting comments have been sent to appropriate Federal, State, and local agencies, and to private organizations and citizens who have previously expressed interest in the proposal. Public meetings for the Segment A project were held on October 25, 1994, at Everett Williams Elementary School in Georgetown, Texas; on October 27, 1994, at Manor High School in Manor Texas; on April 9, 1996, at Bluebonnet Trail Elementary School in Austin, Texas; on July 15, 1997, at Park Crest Middle School in Pflugerville, Texas; and on July 17, 1997, and February 3, 1998, at Hopewell Middle School in Round Rock, Texas. At these meetings, public comments on the proposed action and alternatives were requested. In addition, a public hearing will be held after publication of the Draft EIS. Public notice will be given of the time and place of the hearing. The Draft EIS will be available for public and agency review and comment prior to the public hearing. To ensure that the full range of issues related to proposed Segment A of State Highway 130 are addressed and all significant issues identified, comments and suggestions are invited from all parties. Agency Contact: Comments or questions concerning this proposed action and the EIS should be directed to Stacey Benningfield, Environmental Manager, Texas Turnpike Authority Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701, (512) 936-0983. TRD-9814637 James W. Griffin, P.E. Interim Director Texas Turnpike Authority Division of the Texas Department of Transportation Filed: September 16, 1998 Texas Water Development Board Request for Proposals for Water Research Pursuant to 31 Texas Administrative Code sec.355.3, the Texas Water Development Board (board) requests the submission of water research proposals leading to the possible award of contracts for Fiscal Year 1999. Guidelines for water research proposals, which include an application form and more detailed research topic information, will be supplied by the board. Description of Research Objectives. All water research applications must address a portion of the water research topic priority list. Proposals are requested for the following three priority research topics: (1) Assessment of Weather Modification as a Water Management Strategy - research to include the evaluation of the quantity, reliability, and cost of weather modification as a water supply for both agricultural and municipal purposes, utilizing generally accepted statistical and hydrological methodologies; (2) Assessment of Brush Control as a Water Management Strategy - research to include the evaluation of the quantity, reliability, and cost of brush control as a water supply for both agricultural and municipal purposes, utilizing generally accepted statistical and hydrological methodologies; (3) Regional Rural Water and Wastewater Authorities in Economically Distressed Areas - evaluate the need and possibility of establishing regional rural authorities in the economically distressed areas and the projected start-up requirements for the authorities. Description of Funding Consideration. Up to $200,000 has been initially authorized for water research assistance from the board's Research and Planning Fund for this research. Following the receipt and evaluation of all applications, the board may adjust the amount of funding initially authorized for water research. Up to 100% funding may be provided to individual applicants; however, applicants are encouraged to contribute matching funds or services, and funding will not include reimbursement for indirect expenses incurred by political subdivisions of the state or other state agencies. In the event that acceptable proposals are not submitted, the board retains the right to not award funds for the contracts. Deadline, Review Criteria, and Contact Person for Additional Information. Ten double-sided copies of a complete water research application form, including the required attachments, must be filed with the board prior to 5:00 p.m., November 13, 1998. Proposals must be directed either in person to Ms. Phyllis Thomas, Texas Water Development Board, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas; or by mail to Ms. Phyllis Thomas, Texas Water Development Board, P.O. Box 13231-Capitol Station, Austin, Texas 78711-3231. Applications will be evaluated according to 31 Texas Administrative Code sec.355.5 and the proposal rating form included in the board's Guidelines for Water Research Grants. Research shall not duplicate work planned or underway by state agencies. All potential applicants must contact the board to obtain these guidelines. Requests for information, the board's rules covering the Research and Planning Fund, detailed evaluation criteria, more detailed research topic information, and the guidelines may be directed to Ms. Phyllis Thomas at the preceding address or by calling (512) 463-3154. TRD-9814667 Suzanne Schwartz General Counsel Texas Water Development Board Filed: September 16, 1998