Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. As required by federal law, the public is given an opportunity
to comment on the consistency of proposed activities in the coastal zone undertaken
or authorized by federal agencies. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for these activities extends
30 days from the date published on the Coastal Coordination Council web site.
Requests for federal consistency review were deemed administratively complete
for the following project(s) during the period of January 2, 2004, through
January 8, 2004. The public comment period for these projects will close at
5:00 p.m. on February 13, 2004.
FEDERAL AGENCY ACTIONS:
Applicant: Sterling Exploration & Production Company, LLC; Location:
The projects are located in State Tracts (ST) 47, 48, 52, 53, 65, 71, 95,
180 and 181, Matagorda Bay, Calhoun County, Texas. The projects can be located
on the U.S.G.S. quadrangle maps entitled: Keller Bay and Carancahua Pass,
Texas. Approximate UTM Coordinates: Zone 14; 21641(03)/008, Easting: 745833;
Northing: 3158503; /009, Easting: 745833; Northing: 3158503; /010, Easting:
748836, Northing: 3160569; /011, Easting: 748863, Northing: 3160569; /012,
Easting: 751468, Northing: 3158315; /013, Easting: 751468, Northing: 3158315;
/014, Easting: 745840, Northing: 3160721; /015, Easting: 762254, Northing:
3160183; /016, Easting: 762254, Northing: 3160183. Project Description: The
applicant proposes to drill and install wells in ST's 52, 71, 95, and 180.
If the wells become viable, the applicant proposes to install 2- to 4-inch
flow lines from the wells to existing structures or onto the mainland for
production. The flow lines would be installed by jetting using a jet sled
and would be placed in ST's 47, 48, 52, 53, 65, 71, 95, 180 and 181. CCC Project
No.: 03-0400-F1; Type of Application: U.S.A.C.E. permit application #21641(03)/008,
/009, /010, /011, 012, /013, /014, /015, /016 is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Bayside Developers, Inc.; Location: The project is located in
Galveston Bay, at the terminus of Avenue A, in San Leon, Galveston County,
Texas. The project can be located on the U.S.G.S. quadrangle map entitled:
Bacliff, Texas. Approximate UTM Coordinates: Zone 15; Easting: 311975; Northing:
3264963. Project Description: The applicant proposes to retain one existing
pier and boathouse and construct an additional pier and boathouse. Both piers
are for private use. His project previously included the placement of fill
material to extend and improve an existing rock groin that extends from an
existing road right of way. The applicant has revised his plans and removed
the improvements to the rock groin from his permit plans. CCC Project No.:
03-0401-F3; Type of Application: U.S.A.C.E. permit application #23002 is being
evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Port of Corpus Christi Authority; Location: The project is located
in Portland, San Patricio County, Texas along the shoreline of Corpus Christi
Bay, approximately 3,500 feet west of the existing La Quinta Channel. The
project can be located on the U.S.G.S. quadrangle map entitled: Gregory, Texas.
Approximate UTM Coordinates: Zone 14; Easting: 669130; Northing: 3085284.
Project Description: The applicant proposes to construct a container terminal
for berthing three post-Panamax ships on 1,114 acres along the proposed extension
of the La Quinta Channel identified in the Federal Corpus Christi Ship Channel,
Texas, Channel Improvement Project. The applicant plans to hydraulically dredge
1,250,000 cubic yards of material from 29.5 acres of bay bottom to a depth
of -43 feet mean low tide for a marine berth. The area to be dredged includes
27.1 acres of unvegetated bay bottom and 2.4 acres of low-density seagrass.
The proposed project also involves the discharge of fill into 4 acres of jurisdictional
wetlands along the existing shoreline, construction of a marginal wharf, 3,800
feet by 140 feet, for berthing and unloading container ships, construction
of a container yard, intermodal terminal, road and rail access corridor, buffer
zone, dredge material placement area, and other ancillary facilities. The
applicant proposes to create 27.1 acres of shallow water unvegetated bay bottom
and plant 7.2 acres of seagrass and 6.6 acres of smooth cordgrass for mitigation
within the proposed 200 acre beneficial use site GH that will be constructed
as part of the Federal Corpus Christi Ship Channel, Texas, Channel Improvement
Project. CCC Project No.: 03-0408-F1; Type of Application: U.S.A.C.E. permit
application #23269 is being evaluated under §10 of the Rivers and Harbors
Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33
U.S.C.A §1251-1387). Note: The consistency review for this project may
be conducted by the Texas Commission on Environmental Quality under §401
of the Clean Water Act.
Applicant: Willacy County Navigation District; Location: The project is
located at 600 through 700 East Port Drive, Port Mansfield, Willacy County,
TX. The project can be located on the U.S.G.S. quadrangle map entitled: Port
Mansfield, Texas. Approximate UTM Coordinates: Zone 14; Easting: 656350; Northing:
2937800. Project Description: The applicant proposes to develop a portion
of the Industrial Basin in the Port Mansfield Small Boat Harbor as a residential
waterfront subdivision. Approximately 1,200 linear feet of concrete sheet
pile bulkheading would be installed by jetting and/or driving along the waterfront.
The sheet pile wall would extend into the high bank for a minimum of 20 feet
at each end to prevent erosion behind the wall. Most of the sheet pile would
be installed landward of the existing high bank with the exception of an area
of erosion that extends for approximately 280 feet and would cover 0.08 acre
of area behind the proposed bulkhead. A total of 5,200 cubic yards of material
would be mechanically excavated from in front of the proposed bulkhead to
achieve a depth of -5.5 feet Mean Sea Level (MSL). Approximately 3,500 cubic
yards of this material would be excavated below -1.2 feet MSL. Excavated material
would deposited on-site within an earthen berm except for 300 cubic yards
of fill that would be placed below -1.2 feet MSL in the area to be backfilled.
Silt fences and hay bales would be placed around the fill area to prevent
discharge from re-entering the basin. CCC Project No.: 03-0414-F3; Type of
Application: U.S.A.C.E. permit application #23258 is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404
of the Clean Water Act (33 U.S.C.A §1251-1387).
Applicant: Apache Corporation; Location: The project is located in the
Gulf of Mexico, in the Galveston Anchorage Area, in Galveston Area Block 151,
in Federal waters, offshore Texas. Approximate X, Y Coordinates: X: 3,409,959;
Y: 532,800. Project Description: The applicant proposes to amend Department
of the Army Permit 20084(02) to include the drilling of additional wells from
a typical marine jack-up rig and, if productive, service the wells from a
new 4-pile platform that will be linked to the existing platform by a 75-foot-long
bridge. CCC Project No.: 04-0006-F1; Type of Application: U.S.A.C.E. permit
application #20084(03) is being evaluated under §10 of the Rivers and
Harbors Act of 1899 (33 U.S.C.A. §403).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, P.O.
Box 12873, Austin, Texas 78711-2873, or diane.garcia@glo.state.tx.us. Comments
should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.
TRD-200400415
Larry L. Laine
Chief Clerk, Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: January 21, 2004
Notice of Request for Proposals
Pursuant to Sections 403.011, 2155.001, and 2156.121, Texas Government
Code, and Chapter 54, Subchapter F, Sections 54.602, 54.611 - 618, and 54.636,
Texas Education Code, the Comptroller of Public Accounts (Comptroller), on
behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces
the issuance of its Request for Proposals (RFP #167j) for tactical asset allocation
strategy investment management services for the Texas Guaranteed Tuition Plan,
the state's prepaid higher education tuition program and one of the Texas
Tomorrow Funds (Program). The funds to be managed are funds from contracts
and investments of the Program. The Comptroller and the Board request proposals
from qualified firms for tactical asset allocation strategy investment management
services for the Program's portfolio. The Comptroller, as Chair and Executive
Director of the Board, is issuing this RFP in order that the Board may move
forward with retaining the necessary investment manager(s). The Comptroller
and the Board reserve the right to award more than one contract under the
RFP. If approved by the Board, the successful respondent(s) will be expected
to begin performance of the contract on or about April 5, 2004.
Contact: Parties interested in submitting a proposal should contact John
C. Wright, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain
a complete copy of the RFP. The Comptroller will mail copies of the RFP only
to those parties specifically requesting a copy. The RFP will be available
for pick-up at the above referenced address on Friday, January 30, 2004, between
2:00 p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business
hours thereafter. The Comptroller will also make the entire RFP available
electronically on the Texas Marketplace after Friday, January 30, 2004, 2:00
p.m. CZT. The website address is http://esbd.tbpc.state.tx.us.
Questions and Non-Mandatory Letters of Intent: All written inquiries, questions,
and non-mandatory Letters of Intent to propose must be received at the above-referenced
address not later than 2:00 p.m. (CZT) on Friday, February 6, 2004. Prospective
respondents are encouraged to fax non-mandatory Letters of Intent and Questions
to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed
to John C. Wright, Assistant General Counsel, Contracts, and must contain
the information as stated in the corresponding Section of the RFP and be signed
by an official of that entity. Non-mandatory Letters of Intent and Questions
received after this time and date will not be considered. On or before Tuesday,
February 10, 2004, the Comptroller expects to post responses to questions
as a revision to the Texas Marketplace notice on the issuance of this RFP.
Closing Date: Proposals must be delivered to the Office of the Deputy General
Counsel for Contracts, at the location specified above (ROOM G24) no later
than 2:00 p.m. (CZT), on Wednesday, February 18, 2004. Proposals received
in ROOM G24 after this time and date will not be considered regardless of
the reason for the late delivery and receipt. Respondents are encouraged to
and solely responsible for verifying timely receipt of proposals in that office
(ROOM G24).
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria
outlined in the RFP. The Board shall make the final decision on any contract
award or awards resulting from this RFP.
The Comptroller and the Board each reserve the right, in their sole discretion,
to accept or reject any or all proposals submitted. The Comptroller and the
Board are not obligated to execute any contracts on the basis of this notice
or the distribution of any RFP. The Comptroller and the Board shall not pay
for any costs incurred by any entity in responding to this notice or the RFP.
The anticipated schedule of events pertaining to this solicitation is as
follows: Issuance of RFP - January 30, 2004, 2:00 p.m. CZT; Non-Mandatory
Letter of Intent to propose and Questions Due - February 6, 2004, 2:00 p.m.
CZT; Official Responses to Questions posted - February 10, 2004; Proposals
Due - February 18, 2004, 2:00 p.m. CZT; Contract Execution - April 1, 2004,
or as soon thereafter as practical; Commencement of Project Activities - April
5, 2004. Issued in Austin, Texas, on January 21, 2004.
TRD-200400414
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: January 21, 2004
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §§303.003,
303.009, and 304.003, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of January 26, 2004 - February 1, 2004 is 18% for Consumer
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of January 26, 2004 - February 1, 2004 is 18% for Commercial over
$250,000.
The judgment ceiling as prescribed by §304.003 for the period of February
1, 2004 - February 29, 2004 is 5% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The judgment ceiling as prescribed by §304.003 for the period of February
1, 2004 - February 29, 2004 is 5% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200400405
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: January 21, 2004
Application to Amend Articles of Incorporation
Notice is given that the following application has been filed with the
Credit Union Department and is under consideration:
An application for a name change was received from Dallas Treasury Credit
Union, Dallas, Texas. The credit union is proposing to change its name to
LibertyOne 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-200400409
Harold E. Feeney
Commissioner
Credit Union Department
Filed: January 21, 2004
Notice is given that the following applications have been filed with the
Credit Union Department and are under consideration:
An application was received from MCT Credit Union (Port Neches) seeking
approval to merge with Smith Bluff Texas Federal Credit Union (Nederland).
MCT Credit Union will be the surviving credit union.
An application was received from Associated Credit Union (Deer Park) seeking
approval to merge with Galveston County Federal Credit Union (Texas City).
Associated Credit Union will be 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-200400411
Harold E. Feeney
Commissioner
Credit Union Department
Filed: January 21, 2004
Notice is given that the following applications have been filed with the
Credit Union Department and are under consideration:
An application was received from S&S Credit Union, Houston, Texas to
expand its field of membership. The proposal would permit employees of ABM
Janitorial Services located within Texas and Louisiana, companies who are
wholly owned by ABM bearing different names located within Texas and Louisiana,
and family members of the ABM employees named, to be eligible for membership
in the credit union.
An application was received from Texas Dow Employees Credit Union, Lake
Jackson, Texas to expand its field of membership. The proposal would permit
the employees of U. S. Contractors, Ltd. dba U.S. Contractors, United Electrical &
Instrumentation, and Brazos M & E, Ltd dba Brazos M & E all located
at 622 Commerce Road, Clute, TX 77531, to be eligible for membership in the
credit union.
An application was received from Scott and White Employees Credit Union,
Temple, Texas (#1) to expand its field of membership. The proposal would permit
the employees of Texas ROI, Inc. who work as contractors in any Scott and
White Hospital facility or who work in or are supervised from Bell County,
Texas, to be eligible for membership in the credit union.
An application was received from Scott and White Employees Credit Union,
Temple, Texas (#2) to expand its field of membership. The proposal would permit
the employees of Metro Aviation, Inc. (CareFlight) who work as contractors
in any Scott and White Hospital facility or who work in or are supervised
from Bell County, Texas, to be eligible for membership in the credit union.
An application was received from Scott and White Employees Credit Union,
Temple, Texas (#3) to expand its field of membership. The proposal would permit
the employees of Aeromedical Collection Services (CareFlight) who work as
contractors in any Scott and White Hospital facility or who work in or are
supervised from Bell County, Texas, to be eligible for membership in the credit
union.
An application was received from Scott and White Employees Credit Union,
Temple, Texas (#4) to expand its field of membership. The proposal would permit
the employees of Siemens One/Siemens Health Services who work as contractors
in any Scott and White Hospital facility or who work in or are supervised
from Bell County, Texas, to be eligible for membership in the credit union.
An application was received from Scott and White Employees Credit Union,
Temple, Texas (#5) to expand its field of membership. The proposal would permit
the employees of The Relizon Company who work as contractors in any Scott
and White Hospital facility or who work in or are supervised from Bell County,
Texas, to be eligible for membership in the credit union.
An application was received from Scott and White Employees Credit Union,
Temple, Texas (#6) to expand its field of membership. The proposal would permit
the employees of Zimmerman & Associates LLC who work as contractors in
any Scott and White Hospital facility or who work in or are supervised from
Bell County, Texas, to be eligible for membership in the credit union.
An application was received from Scott and White Employees Credit Union,
Temple, Texas (#7) to expand its field of membership. The proposal would permit
the employees of Aramark Company who work as contractors in any Scott and
White Hospital facility or who work in or are supervised from Bell County,
Texas, to be eligible for membership in the credit union.
An application was received from Houston Energy Credit Union, Houston,
Texas to expand its field of membership. The proposal would permit the employees
of Sun Technical Services, Inc. who work in or are supervised from the South
Texas Project Electric Generating Station, Wadsworth, TX 77483, to be eligible
for membership in the credit union.
An application was received from Premier America Credit Union, Chatsworth,
California to expand the field of membership of its branch office located
in Houston, Texas. The proposal would permit persons who worship within a
ten-mile radius of 10001 Richmond Avenue, Houston, Texas 77042, 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 or downloading the form at
http://www.tcud.state.tx.us/applications.html
. 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-200400410
Harold E. Feeney
Commissioner
Credit Union Department
Filed: January 21, 2004
In accordance with the provisions of 7 TAC Section 91.103, the Credit Union
Department provides notice of the final action taken on the following application(s):
Application(s) to Expand Field of Membership - Approved
EDS Credit Union, Dallas, Texas (Amended) - Persons who live, work or are
located in Collin County, Texas.
MemberSource Credit Union, Houston, Texas - See Texas Register issue dated
October 31, 2003.
Texans Credit Union, Richardson, Texas (#1) - See Texas Register issue
dated October 31, 2003.
Texans Credit Union, Richardson, Texas (#2) (Amended) - Persons who work
or reside within Dallas County, Texas.
Fort Worth City Credit Union, Fort Worth, Texas - See Texas Register issue
dated November 28, 2003.
Application(s) to Expand Field of Membership - Denied
Telco Plus Credit Union, Longview, Texas (#2) - See Texas Register issue
dated November 28, 2003.
Application(s) to Amend Articles of Incorporation - Approved
ChevronTexaco Employees Credit Union, Houston, Texas - See Texas Register
issue dated November 28, 2003.
Community Credit Union, Plano, Texas - See Texas Register issue dated November
28, 2003.
Application(s) for a Merger or Consolidation - Approved
GTX Credit Union (Houston) and JSC Federal Credit Union (Houston) - See
Texas Register issue dated October 31, 2003.
THD District 4 Credit Union (Amarillo) and The Education Credit Union (Amarillo)
- See Texas Register issue dated September 26, 2003.
TRD-200400412
Harold E. Feeney
Commissioner
Credit Union Department
Filed: January 21, 2004
Notice of Public Hearing by the Texas Commission on Environmental Quality on Proposed Revisions to 30 TAC Chapter 106 and the State Implementation Plan
The Texas Commission on Environmental Quality (commission) will conduct
a public hearing to receive testimony concerning revisions to 30 TAC Chapter
106, Permits by Rule, and corresponding revisions to the state implementation
plan (SIP), under the requirements of Texas Health and Safety Code, §382.017;
Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal
Regulations, §51.102 of the United States Environmental Protection Agency
regulations concerning SIPs.
The proposed rulemaking would eliminate the concrete batch plant permit
by rule (PBR) and corresponding public notice requirements, reduce registration
fees, eliminate the single-chambered incinerator PBR, allow law enforcement
agencies to use a PBR to incinerate confiscated illegal drug evidence, minimize
registration requirements, establish a notification procedure, update technical
requirements for trench burners and aboveground air curtain incinerators,
provide for a rapid authorization mechanism for remediation projects at gasoline
stations and dry cleaning facilities, and establish technical requirements
for all facilities performing remediation activities.
A public hearing on this proposal will be held in Austin on February 26,
2004 at 2:00 p.m. in Building F, Room 2210 at the commission's central office
located at 12100 Park 35 Circle. The hearing will be structured for the receipt
of oral or written comments by interested persons. Individuals may present
oral statements when called upon in order of registration. There will be no
open discussion during the hearing; however, an agency staff member will be
available to discuss the proposal 30 minutes prior to the hearing and will
answer questions before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
Comments may be submitted to Joyce Spencer, MC 205, Office of Environmental
Policy, Analysis, and Assessment, Texas Commission on Environmental Quality,
P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All
comments should reference Rule Log Number 2003-030-106-AI, and must be received
by 5:00 p.m., March 1, 2004. For further information, please contact Debra
Barber, Policy and Regulations Division at (512) 239-0412.
TRD-200400244
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: January 15, 2004
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (the Code), §7.075,
which requires that the commission may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
March 1, 2004
.
Section 7.075 also requires that the commission promptly consider any written
comments received and that the commission may withhold approval of an AO if
a comment discloses facts or considerations that indicate the proposed AO
is inappropriate, improper, inadequate, or inconsistent with the requirements
of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean
Air Act (the Act). Additional notice is not required if changes to an AO are
made in response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building C,
1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional
office listed as follows. Written comments about an AO should be sent to the
enforcement coordinator designated for each AO at the commission's central
office at P.O. Box 13087, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on March 1, 2004
. Written comments may also be
sent by facsimile machine to the enforcement coordinator at (512) 239-2550.
The commission enforcement coordinators are available to discuss the AOs and/or
the comment procedure at the listed phone numbers; however, §7.075 provides
that comments on the AOs should be submitted to the commission in
writing
.
(1) COMPANY: Abuiny Enterprises, Inc. dba Mainland Conoco; DOCKET NUMBER:
2003-1091-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification
Number 0005707; LOCATION: Duncanville, Dallas County, Texas; TYPE OF FACILITY:
convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a)
and (b), by failing to demonstrate acceptable financial assurance; PENALTY:
$1,050; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Andrews Transport, Inc.; DOCKET NUMBER: 2003-1078-PST-E; IDENTIFIER:
PST Facility Identification Number 0055242, Regulated Entity Reference Number
RN100670975; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: fuel
distribution; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe
that the owner or operator of the facility did not have a valid, current TCEQ
delivery certificate; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Jill Reed,
(915) 570-1359; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(3) COMPANY: Camilla Coves Lot Owners Association, Inc. dba Camilla Coves
Water System; DOCKET NUMBER: 2003-1218-PWS-E; IDENTIFIER: Public Water Supply
(PWS) Identification Number 2040040; LOCATION: Coldspring, San Jacinto County,
Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.46(f)(3)(A)(iv),
by failing to keep monthly flushing records; 30 TAC §290.45(b)(1)(C)(ii),
by failing to provide a total storage capacity of two hundred gallons per
connection; 30 TAC §290.45(b)(1)(C)(iii), by failing to provide two or
more pumps having a capacity of 2.0 gallons per minute per connection; 30
TAC §290.43(d)(3), by failing to maintain air-water-volume at the design
water level in the pressure tanks; 30 TAC §290.43(c)(3), by failing to
install proper overflow on the ground storage tank; 30 TAC §290.43(c)(5),
by failing to install inlet and outlet connections to prevent short circuiting
or stagnation of water; 30 TAC §290.46(j)(1), by failing to have a certified
individual perform customer service inspections; 30 TAC §290.46(v), by
failing to install all electrical wiring within the water plant in conduit;
and 30 TAC §290.109(c)(1)(A), by failing to collect bacteriological samples
from active service connections throughout the distribution system; PENALTY:
$3,260; ENFORCEMENT COORDINATOR: Harvey Lassen, (512) 239-0513; REGIONAL OFFICE:
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(4) COMPANY: Chevron U.S.A. Inc. dba Chevron Products Company; DOCKET NUMBER:
2003-0455-AIR-E; IDENTIFIER: Air Account Number EE-0082-P; LOCATION: El Paso,
El Paso County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED:
30 TAC §116.115(b)(2)(G) and (c), TCEQ Air Permit Number 18897, and THSC, §382.085(b),
by failing to operate within the permitted limit of 16,400 pounds per year,
or 8.2 tons per year, of volatile organic compounds (VOC) for the main cooling
tower, failing to operate within the permitted limit of 44.19 pounds per hour
of nitrogen oxides, and failing to record the results of fugitive VOC emissions
monitoring conducted on the main cooling tower during the month of June 2001;
30 TAC §101.6(a)(1)(A) {now 30 TAC §101.201(a)(1)(A)}, by failing
to determine if the VOC limit exceedance from September 10, 2001 through December
31, 2001 was a reportable event; and 30 TAC §101.10(b)(1), by failing
to report excess emissions resulting from upset conditions in the annual emissions
inventory for 2001; PENALTY: $21,924; ENFORCEMENT COORDINATOR: Kim Morales,
(713) 767-3500; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso,
Texas 79901-1206, (915) 834-4949.
(5) COMPANY: Clearstream Wastewater Systems, Inc.; DOCKET NUMBER: 2003-1276-AIR-E;
IDENTIFIER: Air Account Number HF-0034-K; LOCATION: Silsbee, Hardin County,
Texas; TYPE OF FACILITY: plastic products manufacturing; RULE VIOLATED: 30
TAC §122.143(4), §122.146(2), and THSC, §382.085(b), by failing
to submit the required annual compliance certification; PENALTY: $2,000; ENFORCEMENT
COORDINATOR: Rick Ciampi, (512) 239-3119; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(6) COMPANY: CMH Parks, Inc. dba Northwest Pines Mobile Home Park; DOCKET
NUMBER: 2003-1340-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination
System; (TPDES) Permit Number 12218-001, Regulated Entity Reference Number
RN101614311; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 12218-001,
and the Code, §26.121(a), by allegedly having discharged wastewater exceeding
ammonia nitrogen limits, total suspended solids limits, and flow limits; PENALTY:
$808; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(7) COMPANY: City of Daingerfield; DOCKET NUMBER: 2003-1344-MWD-E; IDENTIFIER:
TPDES Permit Number 10499-001, Regulated Entity Identification Number RN102177953;
LOCATION: Daingerfield, Morris County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1); TPDES Permit Number 10499-001
Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a),
by alleging to have exceeded the permitted effluent limits; PENALTY: $1,872;
ENFORCEMENT COORDINATOR: Rick Ciampi, (512) 239-3119; REGIONAL OFFICE: 2916
Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(8) COMPANY: Humberto Sampagno dba Gulf Bank Mobile Home Park; DOCKET NUMBER:
2003-1252-PWS-E; IDENTIFIER: PWS Identification Number 1010658; LOCATION:
Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE
VIOLATED: 30 TAC §290.109(c)(2) and THSC, §341.033(d), by failing
to collect and submit water samples for bacteriological analysis for the months
of April - October 2002; and 30 TAC §290.109(g)(4), by failing to notify
the public of sampling deficiencies; PENALTY: $2,450; ENFORCEMENT COORDINATOR:
Walter Lassen, (512) 239-0513; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(9) COMPANY: Huntsman Petrochemical Corporation; DOCKET NUMBER: 2003-0650-AIR-E;
IDENTIFIER: Air Account Number JE-0052-V; LOCATION: Port Neches, Jefferson
County; Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.115(b)(2),
Permit Number 20485, and THSC, §382.085(b), by failing to maintain an
emission rate below the maximum allowable emission rate table and prevent
the emission of an air contaminant that would contribute to air pollution;
PENALTY: $14,250; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800;
REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(10) COMPANY: Ingersoll-Rand Company; DOCKET NUMBER: 2003-1376-AIR-E; IDENTIFIER:
Air Account Number DB-0476-R, Regulated Entity Number RN100215581; LOCATION:
Garland, Dallas County, Texas; TYPE OF FACILITY: surface coating; RULE VIOLATED:
30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the
annual Title V compliance certification within 30 days after the end of the
September 26, 2001 - September 25, 2002 certification period; 30 TAC §122.145(2)(B)
and Permit Number O-01465, by failing to submit a deviation report within
the 30 days after the end of the September 26, 2001 - September 25, 2002 deviation
reporting period; PENALTY: $1,580; ENFORCEMENT COORDINATOR: Judy Fox, (817)
588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(11) COMPANY: Kinder Morgan Tejas Pipeline, L.P.; DOCKET NUMBER: 2003-1379-AIR-E;
IDENTIFIER: Air Account Number HG-1391-L, Regulated Entity Identification
Number RN100542612; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY:
natural gas storage; RULE VIOLATED: 30 TAC §101.359 and THSC, §382.085(b),
by failing to submit a completed annual compliance report in a timely manner;
PENALTY: $1,540; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(12) COMPANY: Knightco Oil Inc. dba Superior Lubricants; DOCKET NUMBER:
2003-0976-PST-E; IDENTIFIER: PST Registration Number 0033904, Regulated Entity
Identification Number RN100530328; LOCATION: Fort Worth, Tarrant County, Texas;
TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §37.815(a) and
(b), by failing to demonstrate acceptable financial assurance; and 30 TAC §334.22(a),
by failing to pay outstanding underground storage tank fees; PENALTY: $4,200;
ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2301
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(13) COMPANY: Ovais, Incorporated; DOCKET NUMBER: 2003-0789-PST-E; IDENTIFIER:
PST Facility Identification Number 47574, Regulated Entity Identification
Number 102464617; LOCATION: Somerville, Burleson County, Texas; TYPE OF FACILITY:
convenience store; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing
to demonstrate acceptable financial assurance; PENALTY: $2,850; ENFORCEMENT
COORDINATOR: Mike Meyer, (512) 239-4492; REGIONAL OFFICE: 6801 Sanger Avenue,
Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(14) COMPANY: Pacific Natural Energy, LLC; DOCKET NUMBER: 2003-1339-AIR-E;
IDENTIFIER: Air Account Number DB4707Q, Federal Operating Permit Number O-02063;
LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: landfill gas recovery;
RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing
to submit an annual compliance certification report within 30 days after the
12-month period ending July 25, 2002; and 30 TAC §122.145(2)(B), by failing
to submit a semi-annual deviation report within 30 days after the six-month
period ending July 25, 2002; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Larry
King, (512) 339-2929; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas
76118-6951, (817) 588-5800.
(15) COMPANY: Sac N Pac Stores, Inc.; DOCKET NUMBER: 2003-1339-EAQ-E; IDENTIFIER:
Edwards Aquifer Program Protection Program Identification Number 95112702A;
LOCATION: Kyle, Hays County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing
to obtain approval for modifications to an existing Edwards Aquifer Protection
Plan prior to commencing construction; PENALTY: $4,800; ENFORCEMENT COORDINATOR:
Rick Ciampi, (512) 239-3119; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite
150, Austin, Texas 78758-5336, (512) 339-2929.
(16) COMPANY: Saif D Corporation dba Sunny Food Mart; DOCKET NUMBER: 2003-1007-PST-E;
IDENTIFIER: PST Facility Identification Number 00251, Regulated Entity Identification
Number RN101330751; LOCATION: Cedar Creek, Bastrop County, Texas; TYPE OF
FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial
assurance; PENALTY: $3,800; ENFORCEMENT COORDINATOR: Cari Bing, (512) 239-1445;
REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336,
(512) 339-2929.
(17) COMPANY: Barkat Momin dba Shop N Go; DOCKET NUMBER: 2003-0954-PST-E;
IDENTIFIER: PST Facility Identification Number 35291; LOCATION: Houston, Harris
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable
financial assurance; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Sandy VanCleave,
(512) 239-0667; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(18) COMPANY: Waste Management of Texas, Inc.; DOCKET NUMBER: 2001-1553-MSW-E;
IDENTIFIER: Municipal Solid Waste (MSW) Permit Number 1503; LOCATION: Kingston,
Hunt County, Texas; TYPE OF FACILITY: municipal landfill; RULE VIOLATED: 30
TAC §330.111, §330.201(3), and MSW Permit 1503, by failing to monitor
and remove leachate; 30 TAC §330.130, by failing to conduct gas monitoring
in accordance with the landfill gas management plan; and 30 TAC §§205.6,
330.602, 334.22, and 334.128, by failing to pay fees; PENALTY: $5,200; ENFORCEMENT
COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(19) COMPANY: The City of Wichita Falls; DOCKET NUMBER: 2002-0965-MSW-E;
IDENTIFIER: MSW Permit Number 1428; LOCATION: Wichita Falls, Wichita County,
Texas; TYPE OF FACILITY: Type 1 landfill; RULE VIOLATED: 30 TAC §330.111
and §330.114, by failing to inspect all incoming loads at the entrance
of the landfill, prevent storm water from draining into leachate risers, and
prevent 12 inches of head above liner of risers of cell 11, cell 12, cell
13, and cell 14, and failing to construct leachate risers for cell 13 and
cell 14 to a three to one slope; 30 TAC §330.123, by failing to ensure
tarping and securement of loads entering the landfill; PENALTY: $13,650; ENFORCEMENT
COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 1977 Industrial
Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
TRD-200400390
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 20, 2004
Licensing Actions for Radioactive Materials
TRD-200400400
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 21, 2004
Notice is hereby given that the Bureau of Radiation Control (bureau), Texas
Department of Health (department), issued a notice of violation and proposal
to assess an administrative penalty to Drash Consulting Engineers, Inc. (licensee-L04724)
of San Antonio. A total penalty of $4,000 is proposed to be assessed the licensee
for alleged violations of 25 Texas Administrative Code, Chapter 289.
A copy of all relevant material is available, by appointment, for public
inspection at the Bureau of Radiation Control, Texas Department of Health,
Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688,
Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200400401
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 21, 2004
Notice of Funding Availability
PY 2004 Single Family Funding Cycle
The Texas Department of Housing and Community Affairs (Department) announces
the availability of approximately $24,412,500 for the 2004 Single Family funding
cycle for the HOME Investment Partnerships Program (HOME). The availability
and use of these funds is subject to the State HOME Rules (10 TAC Chapter
53) and the Federal HOME regulations governing the HOME Program (24 CFR Part
92).
ALLOCATION OF PY 2004 FUNDS
Section 2306.111,
Texas Government Code, mandates the Department to allocate housing funds awarded
in the HOME Program to each Uniform State Service Region using the Regional
Allocation Formula, developed by the Department.
Section 2306.111, Texas Government Code, also mandates that the Department
is to allocate no less than 95 percent of the HOME Program Funds to applicants
which serve households located in a non-participating jurisdiction (non-PJ).
In addition, five percent-approximately $2,250,000-of the HOME Program Funds
are to be allocated to applicants serving persons with disabilities through
either Multifamily or Single Family Activities. HOME Program funds under this
five percent set-aside may be used to serve households in participating jurisdictions
but only to serve persons with disabilities. All housing related applications
intended to serve persons with disabilities must adhere to the Department's
Integrated Housing Rule.
The Department intends to allocate a minimum of 20% of the annual HOME
allocation to applicants serving persons with special needs. Eligible applicants
include nonprofits, units of general local government, and PHAs with documented
histories of working with special needs populations. Eligible Activities include
homebuyer assistance, owner occupied housing assistance, and tenant based
rental assistance. Additional scoring criteria has been established under
each of the eligible Activities to assist the Department in reaching its goal.
ELIGIBLE APPLICANTS
Units of General Local Government
Nonprofit and For-profit Organizations
Public Housing Agencies (PHAs)
DESCRIPTION OF ACTIVITIES
Homebuyer Assistance
Down payment and closing cost assistance is provided to homebuyers for
the acquisition of affordable single-family housing.
Eligible homebuyers may receive loans up to $10,000 per household for down
payment and closing costs, depending on the location of the property, in the
form of a 2nd or 3rd lien, zero-interest, deferred-forgivable 10-year loan.
Eligible homebuyers with disabilities may receive loans up to $15,000 for
down payment and closing costs, regardless of the location of the property,
in the form of a deferred-forgivable loan. The Homebuyer Assistance loans
are to be repaid at the time of resale of the property, refinance of the first
lien, or repayment of the first lien, if any of these occurs before the end
of the 10-year term. The amount of recapture will be based on the pro-rata
share of the remaining term since one-tenth of the amount of the loan will
be forgiven each year.
At the completion of the assistance, all properties must meet all applicable
codes and standards, as specified in the application guide. Compliance with
the basic access standards in new construction, established by §2306.514,
Texas Government Code, is also required for any applicants utilizing federal
or State money administered by the Department in the construction of single
family homes.
For PY 2004 funds, this activity will comprise 35% of the HOME allocation
that will be available through the Regional Allocation Formula process--approximately
$7,756,875.
Owner-Occupied Housing Assistance
Rehabilitation or reconstruction cost assistance, in the form of grants,
is provided to homeowners for the repair or reconstruction of their existing
homes. The homes must be the principal residence of the homeowner.
At the completion of the assistance, all properties must meet all applicable
codes and standards, as specified in the application guide. In addition, all
housing that is reconstructed or rehabilitated with HOME funds must meet all
applicable local codes, rehabilitation standards, ordinances, and zoning ordinances
in accordance with 24 CFR 92.251(a). If a home is reconstructed, the applicant
must also ensure compliance with the universal design features in new construction,
established by §2306.514, Texas Government Code, required for any applicants
utilizing federal or state money administered by the Department in the construction
of single family homes.
This activity will comprise 45% of the HOME allocation that will be available
through the Regional Allocation Formula process--approximately $9,973,125.
Tenant Based Rental Assistance
Rental subsidy and security and utility deposit assistance is provided
to tenants, in accordance with written tenant selection policies, for a period
not to exceed two years. TBRA allows the assisted tenant to live in and move
to any dwelling unit with a right to continued assistance with the condition
that assisted families participate in a Self-Sufficiency Program.
This activity will comprise 20% of the HOME allocation that will be available
through the Regional Allocation Formula process--approximately $4,432,500.
COMPETITIVE REVIEW OF APPLICATIONS
HOME project funds will be awarded through regional competitions as per
State of Texas HOME Program Rules, 10 TAC §§53.50 - 53.63. General
Selection Criteria is listed in the State of Texas HOME Program Rules, 10
TAC §§53.50 - 53.63 and forms the basis for the State's development
of scoring criteria for each activity. Scoring criteria will include the implementation
of various bills, riders, and agency goals, which will be defined in the application
process. The Department will conduct the review and scoring of all applications,
by region where applicable, and make recommendations for funding.
SELECTION PROCESS
All applications for funds received are reviewed for threshold requirements
regarding application documentation and compliance with Department requirements
on previously awarded contracts. Qualifying applications are then ranked using
scoring criteria that reflects the Department's housing priorities and then
applicants are funded only if the score exceeds the minimum score established
in the State of Texas HOME Program rules. The highest scoring applicants per
activity will be recommended up to the limit of funds available per activity
and region, with priority given to applicants serving special needs populations.
Should an activity not have enough qualified applicants, the funds will be
redirected to the next activity in the region that had a higher number of
qualified applicants.
APPLICATION PROCEDURES, FINAL FILING
The HOME Application Guide will be available on the Department's web site
at www.tdhca.state.tx.us on February 13, 2004 under
What's New
or you may call (512) 475-3993 to request an application
copy on or after February 13, 2004. Applications must be on forms provided
by the Department, and cannot be altered or modified and must be in final
form before submitting them to the Department.
Deadline date for submitting a COMPLETE application and application fee
is Friday, April 16, 2004 at 5:00 pm CST. Regardless if an application is
hand-delivered, mailed through the U.S. Postal Service, or sent through a
private carrier such as Federal Express or Airborne, the application must
be received by the Department no later than Friday, April 16, 2004 at 5:00
pm CST. Applications will not be accepted through facsimile.
Applications mailed via the U.S. Postal Service must be mailed to:
Texas Department of Housing and Community Affairs
Single Family Finance Production Division
P.O. Box 13941
Austin, Texas 78711-3941
Applications mailed by private carrier or hand-delivered will be received
at the physical address of:
Texas Department of Housing and Community Affairs
Single Family Finance Production Division
507 Sabine, Suite 700
Austin, Texas 78701
Applicants are required to remit a non-refundable application fee payable
to the Texas Department of Housing and Community Affairs in the amount of
$30.00 per application. Please send check, cashier's check or money order;
do not send cash. Section 2306.147(b) of the Texas Government Code requires
the Department to waive grant application fees for nonprofit organizations
that offer expanded services such as child care, nutrition programs, job training
assistance, health services, or human services. These organizations must include
proof of their exempt status in lieu of the application fee. The application
fee is not an eligible or reimbursable cost under the HOME Program.
Applications that do not meet the filing deadline and application fee requirements
will be returned to the applicant and will not be considered for funding.
If an application contains deficiencies which, in the determination of
Department staff, require clarification or correction of information submitted
at the time of application, staff may request clarification or correction
of such deficiencies. The Department may request clarification or correction
in a deficiency notice in the form of a facsimile and a telephone call to
the applicant advising that such a request has been transmitted. If deficiencies
are not clarified or corrected to the satisfaction of the Department within
eight business days of the deficiency notice date, five points shall be deducted
from the score for each day the deficiency remains unresolved. If deficiencies
are not clarified or corrected within ten business days from the deficiency
notice date, then the application shall be terminated. The time period for
responding to a deficiency notice begins at the start of the business day
following the deficiency notice date.
An applicant may appeal decisions made by the Department in accordance
with 10 TAC §1.7 and §1.8.
This Notice of Funding Availability does not include text of the various
applicable regulatory provisions that may be important to the HOME Program.
For proper completion of the application, the Department strongly encourages
potential applicants to review the State and Federal regulations and to attend
application training workshops.
Application Workshops
The Department will present one-day HOME Program Application Workshops
that will provide an overview of the HOME Program, application preparation
and submission, evaluation criteria and information about the major Federal
and State requirements that may affect a HOME project. The HOME Application
Workshop schedule and registration will be posted on the Department's website
at www.tdhca.state.tx.us on Friday, February 6, 2004.
Resolution Requirements
The Department requires that all applications submitted must include a
resolution from the applicant's direct governing body (Board of Directors)
authorizing the submission of the application.
Audit Requirements
An applicant is not eligible to apply for funds or any other assistance
from the Department unless a past audit or Audit Certification Form has been
submitted to the Department in a satisfactory format on or before the application
deadline for funds or other assistance per 10 TAC §1.3(b). This is a
threshold requirement outlined in the application, therefore applications
that have outstanding past audits will be disqualified. Staff will not recommend
applications for funding to the Department's Governing Board unless all unresolved
audit findings, questions or disallowed costs are resolved per 10 TAC §1.3(c).
Individuals who require auxiliary aids or services should contact Gina
Esteves, ADA Responsible Employee, at least two days before the scheduled
workshop, at (512) 475-3943, or Relay Texas at 1-800-735-2989, so that appropriate
arrangements can be made.
TRD-200400403
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 21, 2004
PY 2004 Olmstead Set Aside Funding Cycle
The Texas Department of Housing and Community Affairs (Department) announces
the availability of approximately $3,557,319 for the 2004 Olmstead Set Aside
funding cycle for the HOME Investment Partnerships Program (HOME). The availability
and use of these funds is subject to the State HOME Rules (10 TAC Chapter
53) and the Federal HOME regulations governing the HOME Program (24 CFR Part
92).
Allocation of HOME Olmstead Funds
Pursuant to Executive Order RP-13: Community Based Alternatives for People
with Disabilities, the Department has set aside HOME funds to serve the individuals
addressed by the
Olmstead
decision. The Olmstead
Set Aside is for entities wishing to provide Tenant Based Rental Assistance
(TBRA) to individuals currently residing in Nursing Facilities, State Mental
Retardation Facilities, Community Intermediate Care Facilities for Persons
with Disabilities, State Mental Health Facilities, and other institutional
settings who desire to move out of an institution and receive services within
their respective community.
Eligible Activities
The Olmstead Set Aside funds will be awarded statewide on a first-come,
first-serve basis to provide Tenant Based Rental Assistance to serve individuals
of the Olmstead population, which shall include rental subsidies and security
and utility deposits.
Eligible Applicants
The Department provides HOME funds for the Olmstead Set Aside to the following
eligible recipients:
Units of General Local Government;
Nonprofits; and
Public Housing Authorities (PHA).
Under the HOME Olmstead Set Aside, the Department will provide grant funds
to eligible recipients for the provision of housing to extremely low, very
low, and low-income individuals and families.
The Department will score applications on a first-come, first-serve basis
and make funding recommendations based on the availability of funds.
Funds will be awarded in accordance with the rules and procedures as set
forth in the State of Texas HOME Program rules at 10 TAC §§53.50
- 53.63.
Application Procedures, Final Filing
The HOME Olmstead Application Guide will be available on the Department's
web site at www.tdhca.state.tx.us on February 13, 2004 under
What's New
or you may call (512) 475-3993 to request an application
copy on or after February 13, 2004. Applications must be on forms provided
by the Department, and cannot be altered or modified and must be in final
form before submitting them to the Department.
There is no deadline for submitting a COMPLETE application and application
fee. A complete application should be submitted when the Applicant is ready
to administer a program. The FY 2004 Olmstead Set Aside funding cycle will
remain open until all funds have been awarded. Applications will not be accepted
through facsimile.
Applications mailed via the U.S. Postal Service must be mailed to:
Texas Department of Housing and Community Affairs
Single Family Finance Production Division
P.O. Box 13941
Austin, Texas 78711-3941
Applications mailed by private carrier or hand-delivered will be received
at the physical address of:
Texas Department of Housing and Community Affairs
Single Family Finance Production Division
507 Sabine, Suite 700
Austin, Texas 78701
Applicants are required to remit a non-refundable application fee payable
to the Texas Department of Housing and Community Affairs in the amount of
$30.00 per application. Please send check, cashier's check or money order;
do not send cash. Section 2306.147(b) of the Texas Government Code requires
the Department to waive grant application fees for nonprofit organizations
that offer expanded services such as child care, nutrition programs, job training
assistance, health services, or human services. These organizations must include
proof of their exempt status in lieu of the application fee. The application
fee is not an eligible or reimbursable cost under the HOME Program.
If applicable, applications that do not include an application fee will
be returned to the applicant and will not be considered for funding.
If an application contains deficiencies which, in the determination of
Department staff, require clarification or correction of information submitted
at the time of application, staff may request clarification or correction
of such deficiencies. The Department may request clarification or correction
in a deficiency notice in the form of a facsimile and a telephone call to
the Applicant advising that such a request has been transmitted. If deficiencies
are not clarified or corrected to the satisfaction of the Department within
eight business days of the deficiency notice date, five points shall be deducted
from the score for each day the deficiency remains unresolved. If deficiencies
are not clarified or corrected within ten business days from the deficiency
notice date, then the application shall be terminated. The time period for
responding to a deficiency notice begins at the start of the business day
following the deficiency notice date.
An Applicant may appeal decisions made by the Department in accordance
with 10 TAC §1.7 and §1.8.
This Notice of Funding Availability does not include text of the various
applicable regulatory provisions that may be important to the HOME Program.
For proper completion of the application, the Department strongly encourages
potential Applicants to review the State and Federal regulations and to attend
application training workshops.
Application Workshops
The Department will
present one-day HOME Program Application Workshops that will provide an overview
of the HOME Program and address the Olmstead Set Aside, application preparation
and submission, evaluation criteria and information about the major Federal
and State requirements that may affect a HOME project. The HOME Application
Workshop schedule and registration will be posted on the Department's website
at www.tdhca.state.tx.us on Friday, February 6, 2004.
Resolution Requirements
The Department requires
that all applications submitted must include a resolution from the applicant's
direct governing body (Board of Directors) authorizing the submission of the
application.
Audit Requirements
An applicant is not eligible
to apply for funds or any other assistance from the Department unless a past
audit or Audit Certification Form has been submitted to the Department in
a satisfactory format on or before the application deadline for funds or other
assistance per 10 TAC §1.3(b). This is a threshold requirement outlined
in the application, therefore applications that have outstanding past audits
will be disqualified. Staff will not recommend applications for funding to
the Department's Governing Board unless all unresolved audit findings, questions
or disallowed costs are resolved per 10 TAC §1.3(c).
Individuals who require auxiliary aids or services should contact Gina
Esteves, ADA Responsible Employee, at least two days before the scheduled
workshop, at (512) 475-3943, or Relay Texas at 1-800-735-2989, so that appropriate
arrangements can be made.
TRD-200400404
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 21, 2004
MULTIFAMILY HOUSING REVENUE BONDS (EVERGREEN AT
PLANO INDEPENDENCE SENIOR COMMUNITY APARTMENTS) SERIES 2004
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at Plano Senior High School,
2200 Independence Parkway, Plano, Texas 75075, at 6:00 p.m. on February 17,
2004 with respect to an issue of tax-exempt multifamily residential rental
development revenue bonds in an aggregate principal amount not to exceed $15,000,000
and taxable bonds, if necessary, in an amount to be determined, to be issued
in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds
will be loaned to PWA-Plano Independence Senior Community, L.P., a limited
partnership, or a related person or affiliate thereof (the "Borrower") to
finance a portion of the costs of acquiring, constructing and equipping a
multifamily housing development (the "Development") described as follows:
250-unit multifamily residential rental development to be located on the East
side of Independence and on the South side of Plano Parkway, at approximately
the 2800 block of Plano Parkway, Plano, Collin County, Texas 75075. The Development
initially will be owned by the Borrower.
All interested parties are invited to attend such public hearing to express
their views with respect to the Development and the issuance of the Bonds.
Questions or requests for additional information may be directed to Robbye
Meyer at the Texas Department of Housing and Community Affairs, 507 Sabine,
Austin, Texas 78701; (512) 475-2213; and/or robbye.meyer@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Robbye Meyer in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robbye Meyer prior to the date scheduled for the hearing. Individuals
who require a language interpreter for the hearing should contact Robbye Meyer
at least three days prior to the hearing date.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200400417
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 21, 2004
Company Licensing
Application for incorporation to the State of Texas by LEGACY HEALTH SOLUTIONS,
INC., a domestic Health Maintenance Organization (HMO). The home office is
in San Angelo, Texas.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701.
TRD-200400407
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: January 21, 2004
Notice of Availability and Request for Comments on a Proposed Settlement Agreement
AGENCIES: Texas Parks and Wildlife Department (TPWD), Texas Commission
on Environmental Quality (TCEQ), Texas General Land Office (GLO) (hereafter,
Natural Resource Trustees).
ACTION: Notice of availability of a proposed Settlement Agreement for Natural
Resource Damages and of a 30-day period for public comment on the Agreement
beginning the date of publication of this notice.
SUMMARY: Notice is hereby given that the Draft Settlement Agreement for
Natural Resource Damages Related to the New Amity Fuel Oil Spill, September
22, 2001 (Settlement Agreement) is hereby made available for public review
and comment for a period of 30 days. The proposed Settlement Agreement calls
for the Responsible Parties [Amity Shipping, Inc. and Associated Maritime
Company (Hong Kong)] to provide $40,000 for restoration planning and the construction
of one (1) acre of intertidal wetlands and 0.1 acres of oyster reef. Alternatively,
the Trustees may propose comparable restoration projects providing natural
resource services equivalent to those injured or lost.
The opportunity for public review and comment on the proposed Settlement
Agreement announced in this notice is required under the Oil Pollution Act
(OPA), 33 U.S.C. §2706(c)(5), and corresponding provisions of the federal
OPA regulations at 15 C.F.R. §990.14(d) and §990.55 as well as the
Texas Natural Resource Damage Assessment regulations at 31 TAC §20.42
and §20.44.
Interested members of the public are invited to request a copy of the proposed
Settlement Agreement from Don Pitts of the Texas Parks and Wildlife Department,
Resource Protection Division, 4200 Smith School Road, Austin, Texas 78744,
(512) 912-7156, Fax: (512) 912-7160, e-mail: don.pitts@tpwd.state.tx.us.
DATES: Comments must be submitted in writing within 30 days of the publication
of this notice to Don Pitts of the Texas Parks and Wildlife Department at
the address listed in the previous paragraph. The Natural Resource Trustees
will consider all written comments received during the 30-day comment period
prior to finalizing the Draft Settlement Agreement.
SUPPLEMENTARY INFORMATION: On September 22, 2001, the motor tanker New
Amity was involved in a collision with a barge NHS 1486, pushed by the tugboat
Carson on the Houston Ship Channel in Galveston Bay, Harris County, Texas.
As a result of the collision, the New Amity's fuel tank was breached discharging
approximately 36,585 gallons of fuel oil (IFO 380) into the Houston Ship Channel
and vicinity. The spilled IFO 380 impacted areas of the Houston Ship Channel
and upper Galveston Bay including Barbours Cut, the Barbours Cut turning basin,
Hog and Atkinson Islands, Goose Creek, Morgans Point and areas southward towards
Kemah, Texas.
The Natural Resource Trustees and the Responsible Parties conducted a cooperative
natural resource damage assessment of the impacts of the Incident. Based on
the natural resource damage assessment, the Trustees determined that the Incident
resulted in injuries to wetland and shoreline habitats and surface waters
of the Houston Ship Channel and upper Galveston Bay as well as to fish, birds,
and other wildlife species of the area, including benthic communities in the
shallow water near-shore zones and benthic communities in the areas where
shoreline impacts occurred from the Incident.
The Natural Resource Trustees have the authority under OPA, 33 U.S.C. §2701
et seq., to assess the natural resource injuries resulting from this incident.
The TPWD, TCEQ, and GLO are Trustees of the natural resources injured by the
discharge pursuant to OPA, 33 U.S.C. §2706 (b) and the Oil Spill Prevention
and Response Act ("OSPRA"), Texas Natural Resources Code, §40.107 et
seq.
The Natural Resource Trustees have determined that resources subject to
their trust authority under these Acts were exposed to fuel oil as a result
of the discharge. The quantity and concentration of the material discharged
was sufficient to result in the impairment of exposed habitats. Consequently
the Trustees are seeking the restoration of estuarine emergent wetlands and
rocky and shell shorelines described in the proposed Settlement Agreement.
The Draft Settlement Agreement announced today identifies restoration actions
which the Trustees propose to undertake in order to effect restoration, rehabilitation,
replacement, or acquisition of resources or resource services that were injured
by the spill. Proposed restoration projects will be implemented in accordance
with a yet to be developed Restoration Plan that will be subjected to a public
notice and comment process prior to being finalized.
For further information, contact Don Pitts at (512) 912-7156, fax: (512)
912-7160, e-mail: don.pitts@tpwd.state.tx.us.
TRD-200400393
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Filed: January 20, 2004
Request for Proposal - Curriculum Development
The Texas Department of Protective and Regulatory Services (PRS) (to be
renamed Department of Family and Protective Services (DFPS) effective February
1, 2004, Division of Contract Management, is soliciting Curriculum Development
and Training services. PRS anticipates funding one contract as a result of
this solicitation. The request for proposal (RFP) will be released on or about
February 1, 2004, and will be posted on the State Internet Site at http://www.marketplace.state.tx.us/
on or about the date of its release.
Brief Description of Services
: The purpose
of this RFP is to solicit providers for developing the curriculum and providing
training on advanced special needs adoption.
Eligible Offerors
: Eligible offerors include
private nonprofit and for-profit entities, public agencies, government entities,
institutions of higher learning, partnerships, and individuals. Historically
Underutilized Businesses (HUBs), Minority Businesses and Women's Enterprises,
and Small Businesses are encouraged to apply.
Deadline for Proposals, Term of Contract, and Amount
of Award
: Proposals will be due March 1, 2004, at 3:00 p.m. A maximum
amount not to exceed $70,000 is available for the period March 1, 2004, through
January 28, 2005. The effective date of the contract awarded under this RFP
will be March 1, 2004, through February 28, 2005.
Limitations
: The funding allocated for the
contract resulting from this RFP is dependent on Legislative appropriation.
Funding is not guaranteed at the maximum level, or at any level. PRS reserves
the right to reject any and all offers received in response to this RFP and
to cancel this RFP if it is deemed in the best interest of PRS. PRS also reserves
the right to re-procure this service.
If no acceptable responses are received, or no contract is entered into
as a result of this procurement, PRS reserves the right to procure by non-competitive
means in accordance with the law but without further notice to potential vendors.
Contact Person
: Potential offerors may obtain
a copy of the RFP on or about February 1, 2004. It is preferred that requests
for the RFP be submitted in writing (by mail, email or fax) to: Vicki Logan;
Mail Code E-541; Texas Department of Protective and Regulatory Services; P.O.
Box 149030; Austin, Texas 78714-9030; Fax: 512-438-2031; or email Vicki.Logan@tdprs.state.tx.us.
TRD-200400252
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Filed: January 15, 2004
Notice of Public Hearing Concerning 22 TAC §§523.130 - 523.132
Notice is hereby given that the Texas State Board of Public Accountancy
will conduct a public hearing to receive testimony regarding revisions to
22 TAC §§523.130, 523.131, 523.132 concerning Board Rules and Ethics
Course; Board Approval of Ethics Course Content after January 1, 2005; and
Contracted Ethics Instructors after January 1, 2005.
The proposed new rule 523.131 is intended to make changes to the Board's
required ethics course to expand the content of the course to include instruction
in ethical principles and ethical reasoning and to apply those concepts to
case studies that present ethical dilemmas relative to the Code of Professional
Conduct found in 22 TAC chapter 501. To accommodate the expanded curriculum,
changes have been proposed to rule 523.130 to increase the length and frequency
of the course and provide for transition to the new ethics course. The changes
to rule 523.132 are intended to specify objective criteria for the approval
of ethics instructors to ensure a high quality of ethics instruction for the
required ethics component of continuing professional education for certified
public accountants.
A public hearing on this proposal will be held in Austin, Texas, March
16, 2004 from 10:00 a.m. until 12:00 p.m. at the Hobby Building, 333 Guadalupe,
Room 100 (First Floor) Austin, Texas, 78701. The hearing will be structured
for the receipt of oral and/or written comments from interested persons. Individuals
who wish to present oral comments must submit their comments in writing prior
to the public hearing. Individuals who have timely submitted written comments
may register to present oral comments and will be called upon to present their
oral comments in order of registration. Each oral presentation will be limited
to ten minutes. There will be no open discussion during the hearing; however,
a Board staff member will be available to discuss the proposal 30 minutes
prior to the hearing and will answer questions before and after the hearing.
Written comments may be submitted to Rande K. Herrell, General Counsel
at the Texas State Board of Public Accountancy, 333 Guadalupe, Tower III,
Suite 900, Austin, Texas 78701, (512) 305-7848 or via facsimile to (512) 305-7854.
Please indicate on the comments submitted if you wish to make an oral presentation
during the hearing. Comments must be received by February 27, 2004.
For further information, please contact Rande K. Herrell, General Counsel
at (512) 305-7848.
Copies of the proposed rules will be printed in the January 30, 2004 issue
of the
Texas Register
and can be found at
http://www.sos.state.tx.us.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact Kym Rusch at (512)
305-7842. Requests for special accommodations should be made as far in advance
as possible.
TRD-200400294
Rande Herrell
General Counsel
Texas State Board of Public Accountancy
Filed: January 15, 2004
Notice of Application for Certificate of Convenience and Necessity in Jack and Wise Counties, Texas
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on January 15, 2004, for a certificate
of convenience and necessity in Jack and Wise Counties, Texas.
Docket Style and Number: Application of Brazos Electric Power Cooperative,
Inc. (BEPC) for a Certificate of Convenience and Necessity for a Single Circuit
138-kV Transmission Line in Jack and Wise Counties, Texas. Docket Number 29158.
The Application: The project would connect BEPC's planned generation plant
near the community of Joplin in Jack County to its existing facilities in
the area through the construction of approximately 8.4 miles of 138-kV transmission
line. The project is designated the Jack County Generation Plant to Willow
Substation. The right-of-way width for this project will be approximately
70 feet. The estimated cost for the project is $2,268,575.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by February 29, 2004, by mail at P. O. Box 13326,
Austin, Texas 78711- 3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477.
Hearing and speech- impaired individuals with text telephone (TTY) may contact
the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.
All comments should reference Docket Number 29158.
TRD-200400388
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 16, 2004
On January 14, 2004, Everest Broadband Networks of Texas, Incorporated
filed an application with the Public Utility Commission of Texas (PUC) to
relinquish its service provider certificate of operating authority (SPCOA)
granted in SPCOA Certificate Number 60440. Applicant intends to relinquish
its certificate.
The Application: Application of Everest Broadband Networks of Texas, Incorporated
for Relinquishment of its Service Provider Certificate of Operating Authority,
Docket Number 29167.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
February 4, 2004. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the Commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 29167.
TRD-200400396
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 20, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on January 12, 2004, for a service provider certificate
of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of
the Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of COMTECH21, LLC for a Service Provider
Certificate of Operating Authority, Docket Number 29150 before the Public
Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL,
SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame
Relay, Fractional T1, long distance, and wireless services.
Applicant's requested SPCOA geographic area includes the area of Texas
currently served by Southwestern Bell, Verizon, United Telephone, and Central
Telephone Company of Texas, d/b/a Sprint.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
February 4, 2004. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 29150.
TRD-200400303
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 15, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on January 14, 2004, for approval to terminate
Retail Electric Provider (REP) Certificate Number 10042, pursuant to Public
Utility Regulatory Act (PURA) §§39.101 - 39.109. A summary of the
application follows.
Docket Title and Number: Petition of Polr Power, LLP, doing business as
Mutual Energy/Texas for Termination of Retail Electric Provider Certification,
Docket Number 29166 before the Public Utility Commission of Texas.
Persons wishing to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
February 6, 2004. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 29166.
TRD-200400395
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 20, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas an application on January 12, 2004, for waiver of denial by the North
American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of
Southwestern Bell Telephone, L.P., d/b/a SBC Texas' request for NXX codes.
Docket Title and Number: Application of Southwestern Bell Telephone, L.P.,
d/b/a SBC Texas for Waiver of Denial of NXX Code Request in the Alvin Rate
Center. Docket Number 29156.
The Application: Southwestern Bell Telephone, L.P., d/b/a SBC Texas (SBC)
submitted a Central Office Code (NXX) Assignment Request to the Pooling Administrator
for the assignment of NXX resources which it contends are necessary to accommodate
the non-Extended Area Service (EAS) for residential and business customers.
The PA denied SBC's request. SBC seeks an exception to the application of
NXX assignment guidelines. SBC asked that the commission instruct the PA to
release the numbering resources SBC contends are necessary.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
February 13, 2004. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 29156.
TRD-200400301
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 15, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas an application on January 12, 2004, for waiver of denial by the North
American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of
Southwestern Bell Telephone, L.P., d/b/a SBC Texas' request for NXX codes.
Docket Title and Number: Application of Southwestern Bell Telephone, L.P.,
d/b/a SBC Texas for Waiver of Denial of NXX Code Request in the Frisco Rate
Center. Docket Number 29157.
The Application: Southwestern Bell Telephone, L.P., d/b/a SBC Texas (SBC)
submitted a Central Office Code (NXX) Assignment Request to the Pooling Administrator
(PA) for the assignment of NXX resources which it contends are necessary to
accommodate the non-Extended Area Service (EAS) for residential and business
customers. The PA denied SBC's request. SBC seeks an exception to the application
of NXX assignment guidelines. SBC asked that the commission instruct the PA
to release the numbering resources SBC contends are necessary.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
February 13, 2004. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 29157.
TRD-200400302
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 15, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas an application on January 13, 2004, for waiver of denial by the North
American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of
Mid-Tex Cellular, Ltd.'s request for two additional NXX codes.
Docket Title and Number: Application of Mid-Tex Cellular, Ltd. For Waiver
of NANPA Denial and Request for Expedited Action. Docket Number 29162.
The Application: Mid-Tex Cellular, Ltd. requested the Commission to waive
the NANPA or Neustar denial of its request for two additional NXX codes and
further requested that such waiver be expedited in consideration of the Applicant's
circumstances requiring the new codes.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
February 13, 2004. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 29162.
TRD-200400389
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 16, 2004
On January 16, 2004, Colorado Valley Telephone Cooperative, Incorporated
and Cingular Wireless of Texas RSA 16 Limited Partnership, collectively referred
to as applicants, filed a joint application for approval of interconnection
agreement under §252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supplement 2004) (PURA). The joint application has been designated Docket
Number 29176. 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 three 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 29176. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
February 17, 2004, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, 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, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 29176.
TRD-200400397
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 20, 2004
On January 16, 2004, United Telephone Company of Texas, Incorporated, doing
business as Sprint, Central Telephone Company of Texas, doing business as
Sprint, and XO Texas, Incorporated, collectively referred to as applicants,
filed a joint application for approval of interconnection agreement under §252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA).
The joint application has been designated Docket Number 29178. 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 three 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 29178. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
February 17, 2004, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, 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, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 29178.
TRD-200400398
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 20, 2004
Public Notice--Public Hearing for Proposed Acquisition of Abandoned Rail Facility
The Texas Department of Transportation (department) will conduct a public
hearing to receive comments on the department's proposed acquisition of a
33.5 mile segment of rail line in the Bonham Subdivision between milepost
94.0, near Paris, and milepost 127.5, east of Bonham, in Lamar and Fannin
Counties, Texas.
The Union Pacific Railroad Company (UP) and the Texas Northeastern Division,
Mid-Michigan Railroad, Inc. (TNER) have filed a notice of exemption with the
Surface Transportation Board (STB) for UP to abandon and TNER to discontinue
service over this rail line. The STB filed notice of the notices of exemption
in the May 19, 2003, issue of the Federal Register (68 FR 27142), and is considering
the UP and TNER filings under STB Docket Nos. AB-33 (Sub-No. 163X) and AB-364
(Sub-No. 8X).
The department has been coordinating with the Fannin County Rural Rail
Transportation District (FCRRTD) to determine whether the department should
acquire the line and preserve it for future rail service or other transportation
uses. Transportation Code, Chapter 91, authorizes the department to acquire
passenger or freight rail facilities and requires the department to coordinate
with the governing body of a municipality, county or rural rail transportation
district in which all or a segment of rail line is located upon receipt of
notice of intent to abandon or discontinue rail service over that rail line.
The department has determined that there is a need to preserve this rail
facility for continued rail service or to preserve the rail corridor for other
transportation uses. The department will hold a public hearing on the date,
time, and location indicated to receive public comments and assess the level
of public support concerning the proposed acquisition of the rail line:
February 9, 2004, 9:00 a.m.
Texas Department of Transportation
Paris District Offices--Training Center
1365 North Main Street
Paris, Texas
All interested persons are invited to attend the public hearing and to
provide input. Comments are specifically requested on the need to preserve
the rail line and the impact of the rail line on area transportation, economic
development, and employment.
Those desiring to make official comments may register starting at 8:30
a.m. Verbal and written comments may be presented at the public hearing, or
written comments may be submitted by mail. To be included in the official
record of the public hearing, written comments must be received by 5:00 p.m.
on February 12, 2004. Written comments should be mailed to: Mario G. Medina,
P.E., Director, Multimodal Section, Transportation Planning and Programming
Division, Texas Department of Transportation, 125 East 11th Street, Austin,
Texas 78701-2483.
Persons with disabilities who plan to attend the public 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 Rick Mackey at (903) 737-9375 at least two business days prior
to the hearing, so that appropriate arrangements can be made.
Please call Mr. Medina at (512) 416-2349 for further information.
TRD-200400408
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: January 21, 2004
The Texas Department of Transportation (TxDOT), an agency of the State
of Texas, is issuing a Request for Qualifications (RFQ) to solicit interest
from prospective, qualified Design-Builders (D-B) for the design, demolition,
construction, renovation, and financing of a new TxDOT Houston Headquarters
Complex (hereinafter referred to as the "Project"). Financing will be provided
through a lease with option to purchase contract (LWOP). The RFQ submittal
must include the RFQ Letter of Interest form (included in the complete RFQ),
a statement of qualifications, a financial plan, and a conceptual project
plan.
TxDOT is issuing this RFQ in accordance with Transportation Code, §201.1055,
added by House Bill 7, 78th Legislature, Third Called Session, 2003, which
allows an agreement with a private entity that offers the best value to the
State of Texas to develop, design, construct, renovate, and finance a Houston
District Headquarters Complex and to lease/purchase buildings and capital
improvements that comprise the new headquarters complex. The project will
be completed on TxDOT-owned real property to be leased to the D-B contracted
to construct the Project. A provision of law authorizes the private entity
to construct and retain ownership of the building leased on TxDOT-owned property.
TxDOT will enter into an agreement for a term not to exceed 20 years to lease
with an option to purchase (LWOP) the buildings and all capital improvements
constructed on property leased to the D-B. A pre-submittal conference is scheduled
for February 10, 2004, at 1:00 p.m., CST at the TxDOT Houston District Headquarters,
7721 Washington Avenue, Houston, Texas. The RFQ submittal is due by 5:00 p.m.,
CST, on Tuesday, March 9, 2004. A complete RFQ with description of the project,
request, qualification requirements, evaluation, forms and attachments can
be found at the following web site:
http://www.dot.state.tx.us/business/professionalservices.htm
In the drop down Alphabetic Business Listing, choose Request for Proposals
/ Qualifications - Maintenance Division, ) (project number CBC4704-00-377).
A printed copy of the RFQ can be mailed if a request is received by FAX
at (512) 416-3080.
D47B-CBC470400377 RFQ-Houston
THE FOLLOWING INFORMATION SHOULD ASSIST YOU IN LOCATING AND PRINTING THE
HOUSTON DISTRICT COMPLEX RFQ FROM THE WEB.
PLEASE LET US KNOW IF YOU ARE UNABLE TO PRINT THIS INFORMATION. ((512)
416-3048 OR FAX (512) 416-3080)
http://www.dot.state.tx.us (TxDOT Expressway)
e-business
consultant services
professional services
From the Alphabetical Business Links box (Select Business topic) click
the drop down list then select:
Request for Proposals / Qualifications - Maintenance Division
Houston District Headquarters
This file is available both in PDF and Word.
TRD-200400402
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: January 21, 2004
Request for Applications
The Texas Water Development Board (TWDB) requests, pursuant to 31 Texas
Administrative Code (TAC) §355.92, proposals for supplemental funding
for regional water planning leading to the possible award of contracts for
completing regional water plans as described in 31 TAC Chapter 357. In order
to receive a grant, the applicant must be a political subdivision and must
have been designated an eligible applicant by a regional water planning group
as defined in 31 TAC §355.91.
Description of Funding Consideration. Funding will be targeted to address
changed conditions that have occurred during preparation of the current regional
water plans. Changed conditions can be the result of: 1. Unanticipated changes
to the amount of water supply available to meet needs (for example, a region
that has recently or is currently experiencing a drought of record); 2. Unanticipated
changes to the volume or magnitude of water supply need due to greater than
anticipated population growth or water demands; or 3. Development of new technology
or availability of new supplies to meet water supply needs that were not recognized
when the original scope of work was developed.
In the event that acceptable applications are not submitted, the TWDB retains
the right to not award contract funds.
Deadline, Review Criteria, and Contact Person for Additional Information.
Ten double-sided copies of a complete regional water planning grant application
must be filed with the Board prior to 5:00 p.m., April 1, 2004. Applications
must be directed either in person to Phyllis Thomas, Texas Water Development
Board, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas,
or by mail to Phyllis Thomas, Texas Water Development Board, P.O. Box 13231,
Austin, Texas, 78711-3231.
Applications will be evaluated according to 31 TAC §355.94 and the
criteria for changed conditions as defined in this notice. All potential applicants
may contact the Board to obtain these guidelines or may be obtained from the
Texas Water Development Board's web page at: www.twdb.state.tx.us. Requests
for information, the Board's rules, and instruction sheet covering the research
and planning fund, may be directed to Phyllis Thomas at the preceding address
or by calling (512) 463-7926, or by e-mail at Phyllis.Thomas@twdb.state.tx.us.
TRD-200400418
Suzanne Schwartz
General Counsel
Texas Water Development Board
Filed: January 21, 2004
Correction of Error
The Texas Workers' Compensation Commission proposed amendments to 28 TAC §114.12
concerning self-insurance rules. The notice appeared in January 9, 2004,
Due to an error by the
Texas Register
text
that was not proposed for deletion was printed with strikethrough marks. Under
subsection (a)(2)(B), the subparagraph (B) designation is proposed for deletion,
but the text "an analysis of accident trends which:" should be printed as
existing text under paragraph (2). The line should read as follows.
"[
(B)
] an analysis of accident trends which:"
TRD-200400416
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Credit Union Department
Applications for a Merger or Consolidation
Applications to Expand Field of Membership
Notice of Final Action Taken
Texas Commission on Environmental Quality
Proposed Enforcement Orders
Texas Department of Health
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Drash Consulting Engineers, Inc.
Texas Department of Housing and Community Affairs
Notice of Funding Availability
Notice of Public Hearing
Texas Department of Insurance
Texas Parks and Wildlife Department
Texas Department of Protective and Regulatory Services
Texas State Board of Public Accountancy
Public Utility Commission of Texas
Notice of Application for Relinquishment of a Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Termination of Retail Electric Provider Certification
Notice of Application for Waiver of Denial of Request for NXX Code
Notice of Application for Waiver of Denial of Request for NXX Code
Notice of Application for Waiver of Denial of Request for NXX Code
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Texas Department of Transportation
Request for Qualifications
Texas Water Development Board
Texas Workers' Compensation Commission
Workforce Resource