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. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of July 25, 2008, through July 31, 2008. 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 this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on August 6, 2008. The public comment period for this project will close at 5:00 p.m. on September 5, 2008.
FEDERAL AGENCY ACTIONS:
Applicant: Sandalwood Oil and Gas, L.P.; Location: The project is located adjacent to Carancahua Bayou, on Hall's Bayou Ranch, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Hitchcock, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 15; Easting: 300925; Northing: 2329901. Project Description: The applicant proposes to place 4,173 cubic yards of fill into 1.42 acres of wetlands to construct a drilling pad, an access road and a production facility in order to drill for and produce petroleum resources. To compensate for impacts to wetlands, the applicant proposes to create approximately 1.42 acres of wetlands approximately 0.5 miles north and east of the proposed project area. CCC Project No.: 08-0118-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01892 is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Brownsville Navigation District; Location: The project is located along the Brownsville Ship Channel at the Keppel/AmFELS Inc. facility, 20000 State Highway 48, in Brownsville, Cameron County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Palmito Hill, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 664232; Northing: 2872920. Project Description: The applicant requests to amend Department of the Army Permits 19602(04) and 08624(09). The applicant proposes to combine the permits into one authorization, deepen several areas within the permit area, and construct bulkheading along the remaining non-bulkheaded portions of the facility. CCC Project No.: 08-0153-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01007 is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Texas Department of Transportation; Location: The project is located in Galveston Bay at the Bolivar Ferry Landing, along State Highway 87, in Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map titled: Galveston, Texas. Approximate Latitude/Longitude Coordinates in NAD 83: Lat: 29.3614 degrees N, 94.7802 degrees W. Project Description: The applicant proposes to periodically perform maintenance dredging within the TxDOT Right-of-Way at the three Port Bolivar Ferry to maintain a depth of 22 feet below mean low tide for a period of ten years. Dredge material is proposed to be deposited in three existing placement areas. CCC Project No.: 08-0162-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-00173 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. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: S & G Marina LLC; Location: The project is located in and adjacent to the Laguna Madre at 101 Skipper Lane in Corpus Christi, Nueces County, Texas. The proposed placement and mitigation area is located immediately north of Stingray Street in Corpus Christi, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Oso Creek, NE, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; project site: Easting: 670900; Northing: 3061950, mitigation/placement area: Easting: 670900; Northing: 3062150. Project Description: The applicant proposes to construct new marina facilities and maintenance dredge an existing marina basin and entrance channel located on the Laguna Madre. The existing marina basin covers 1.1 acres and both the marina basin and channel would be hydraulically dredged to a depth of -4 feet mean low tide (MLT). As mitigation for the proposed impacts, the applicant would create 1.12 acres of wetlands and remove Brazilian pepper plants at a location adjacent to the proposed dredged material placement area. The constructed wetland would be designed to be self-sustaining after an initial construction, planting, and a 3-year post planting period. Tidal creeks would be constructed to allow for tidal water circulation and the creation of several pools in the wetland area. The wetland areas would be at an approximate intertidal level and a channel would allow for tidal flushing. Wetland vegetation would be transplanted from the wetlands that are to be impacted on the project site, and additional wetland plants would be obtained from commercial sources. CCC Project No.: 08-0203-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01222 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. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
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, including a copy the consistency certifications for inspection, may be obtained from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200804081
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: August 5, 2008
Notice of Request for Proposals
Pursuant to Chapter 2254, Subchapter B, and Chapter 403, Subchapter M, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this Request for Proposals (RFP 190a) for consulting services to assist the Comptroller in reviewing the methodology of the annual Property Value Study (Study) of total school district taxable value in the state and prepare a report to the Comptroller regarding same. The successful respondent will review the current Study methodology, prepare a written report of the results of the review, and provide to Comptroller other related services in connection with the Study. The successful respondent will be expected to begin performance of the Contract on or about September 15, 2008, or as soon thereafter as practical.
Background: The Comptroller is required, under Chapter 403, §§403.302, et. seq., Government Code, to conduct an Annual Property Value Study of total taxable value in the state and report the results of the Study to the Comptroller. The Comptroller requires consulting expertise and experience to review the methodology of the current Study under the Contract. The Consultant will report the results of the review in writing to the Comptroller and provide all other reasonably-related services.
Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, Room-201, LBJ State Office Building, 111 East 17th St., Austin, Texas 78774, telephone number: (512) 936-5854, regarding the request. The Comptroller will provide further information only to those specifically requesting it. Non-mandatory Letters of Intent and Questions must be sent in writing via facsimile to Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, facsimile number: (512) 463-3669. All Non-mandatory Letters of Intent, Questions, and inquiries must be received in writing no later than 2:00 p.m. Central Zone Time (CZT) on Monday, August 25, 2008. Official responses to questions and inquiries received by the deadline will be posted electronically on or about Wednesday, August 27, 2008, or as soon thereafter as practicable, on the Electronic State Business Daily, located at the following URL: http://esbd.cpa.state.tx.us. Late Letters of Intent and Questions received after the deadline will not be considered. Respondents are solely responsible for verifying timely receipt of all letters and questions in the Issuing Office on or before the deadline; late letters of intent and questions may not be accepted.
Closing Date: To be considered, all proposals must be received at the foregoing address in the issuing office on or before 2:00 p.m. CZT on Wednesday, September 3, 2008. Proposals received after this time and date will not be considered. Respondents are solely responsible for verifying timely receipt of all proposals in the Issuing Office on or before the deadline; late proposals will not be accepted.
Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the Request for Proposals. The Comptroller will make the final decision. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is under no legal or other obligation to execute any contracts on the basis of this notice. The Comptroller shall pay for no costs incurred by any entity in responding to this RFP.
The anticipated schedule of events is as follows: Issuance of RFP - August 15, 2008, after 10:00 a.m. CZT; Deadline for Questions and Non-mandatory Letters of Intent - 2:00 p.m. CZT, August 25, 2008; Release of Official Responses to Questions - after 2:00 p.m. CZT, August 27, 2008, or as soon thereafter as practical; Deadline for Proposals - 2:00 p.m. CZT, September 3, 2008; Contract Execution - September 15, 2008, or as soon thereafter as practical; Commencement of Project Activities - September 15, 2008.
TRD-200804106
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: August 6, 2008
Request for Quotes and Qualifications
Under a Regional Policy for Integrated Complaints, Hearings, and Appeals, Workforce Development Boards are requesting quotes and qualifications from individuals, entities, or organizations to perform hearing officer duties for the following programs: Child Care Services (CCS); Temporary Assistance to Needy Families (TANF) Choices; Food Stamp Employment and Training (FS E&T); Project Reintegration of Offenders (Project RIO); Workforce Investment Act (WIA) Adult, Dislocated Worker, and Youth, and Eligible Training Providers (ETP) receiving WIA funds or other funds for training services. The boards included in the Regional Policy are North Texas, Panhandle, Permian Basin, Texoma, West Central, and Concho Valley.
To request a copy of the Request for Quotes please contact Joyce Sneed at joyce.sneed@twc.state.tx.us or (325) 655-2005.
Response is due by 5:00 p.m. CDST, September 8, 2008.
TRD-200804090
Johnny Griffin
Executive Director
Concho Valley Workforce Development Board
Filed: August 5, 2008
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, and 303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/11/08 - 08/17/08 is 18% for Consumer1 /Agricultural/Commercial2/credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/11/08 - 08/17/08 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by §303.0053 for the period of 08/01/08 - 08/31/08 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.
The monthly ceiling as prescribed by §303.005 for the period of 08/01/08 - 08/31/08 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
3For variable rate commercial transactions only.
TRD-200804060
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: August 5, 2008
Request for Qualifications - Outside Legal Counsel
The Employees Retirement System of Texas ("ERS") seeks to identify outside counsel qualified to provide legal services in the following subject areas on a non-exclusive basis: securities/alternative investments (focusing on private equity and real estate), intellectual property, fiduciary/employee benefits, tax, and securities litigation consulting and advice ("Outside Counsel").
The aforementioned subject matter areas are independent offerings and may result in separate engagement agreements with ERS, or ERS may, at its option, combine one or more subject matter areas into one or more engagement agreements. Respondents may respond with respect to any one or more of the subject matter areas in which respondents consider their firms to be qualified. A separate, detailed response is required for each subject matter area included in the response, in the form of a separate response submission (proposal) for each subject matter area. By submitting its proposal, respondent warrants and represents that it does not have, nor shall it permit, any conflicts of interest that would impair its ability to perform the services required by the contract in the best interests of ERS, its members, annuitants and insurance plan participants, if applicable, and the state of Texas.
ERS will select the firm(s) for each engagement, if any, based upon a number of criteria, including the respondent's demonstrated competence, experience, knowledge, qualifications, written and verbal communication skills, ability and willingness to comply with ERS contracting and invoicing requirements, absence of disqualifying relationships or conflicts of interest, and reasonableness of proposed fees, among others. Respondent may be asked to travel to Austin, Texas, at respondent’s expense, for an interview with ERS Legal Services Division and other key ERS staff and management to discuss respondent's experience and qualifications.
ERS reserves the right to extend any and all deadlines regarding the Request for Qualifications ("RFQ"), to reject any and all responses, to contract with one or more firms, or to issue a new RFQ at any time, in its sole discretion. Failure to provide responses in the format requested in the RFQ may result in respondent being eliminated from further consideration. All responses must be valid throughout the entire RFQ process and any resulting contract term, including extensions. ERS will not notify respondents unless they are selected for interviews or engagement.
ERS is under no legal requirement to execute a contract on the basis of the issuance of this RFQ. ERS will not pay any expenses associated with responding to this RFQ. ERS specifically reserves the right to vary all provisions set forth at any time where ERS deems it to be in its best interest.
The Office of the Attorney General of Texas ("Attorney General") must review and approve the ensuing engagement agreement. Respondents should understand that the agreement may be amended or renewed and may include additional requirements from the Attorney General.
A copy of the complete RFQ can be obtained from ERS on or after July 31, 2008. To request a copy of the RFQ or for additional information, please contact Kelly Gonzales at ERS at (512) 867-7199, or by e-mail at kelly.gonzales@ers.state.tx.us.
To be considered, responses must be received in the ERS Legal Services Division no later than 5:00 p.m. (Central Time) on September 8, 2008. ERS reserves the right and sole discretion to extend the deadline when deemed by ERS to be in the best interest of ERS. Responses must be submitted to the attention of:
Ginger Grissom, Contracts Administrator
Legal Services Division
Employees Retirement System of Texas
Physical Address: 1801 Brazos, Austin, Texas 78701
Mailing Address: Post Office Box 13207, Austin, Texas 78711-3207
TRD-200804009
Paula A. Jones
General Counsel
Employees Retirement System of Texas
Filed: August 1, 2008
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. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the 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 September 15, 2008 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building 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 September 15, 2008. 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 shall be submitted to the commission in writing.
(1) COMPANY: Robert Wayne Baze; DOCKET NUMBER: 2008-1143-WOC-E; IDENTIFIER: RN103745741; LOCATION: Tom Green County; TYPE OF FACILITY: water operator; RULE VIOLATED: 30 Texas Administrative Code (TAC) §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(2) COMPANY: C & L Diamond Liquor, Inc. dba Diamond Famous Fried Chicken; DOCKET NUMBER: 2008-0644-PST-E; IDENTIFIER: RN102489226; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(4) and the Code, §26.3475(a), by failing to inspect and test the cathodic protection system for operability and adequacy of protection; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor underground storage tanks (USTs) for releases; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide proper release detection for piping; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the UST system; PENALTY: $9,499; ENFORCEMENT COORDINATOR: Thomas Greimel, (512) 239-5690; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Deep Water Holdings, Inc.; DOCKET NUMBER: 2008-0900-PWS-E; IDENTIFIER: RN102688520; LOCATION: Burleson County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(c)(1)(A)(i) and Texas Health and Safety Code (THSC) §341.0315(c), by failing to meet the minimum well capacity requirement of one gallon per minute (gpm) per unit; 30 TAC §290.46(f)(2), by failing to provide the public water system's operating records for review; and 30 TAC §290.43(e) and §290.41(c)(3)(O), by failing to provide a properly constructed intruder-resistant fence; PENALTY: $262; ENFORCEMENT COORDINATOR: Christopher Keffer, (512) 239-5610; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(4) COMPANY: Encana Oil and Gas (USA) Inc.; DOCKET NUMBER: 2008-1166-WR-E; IDENTIFIER: RN104417159; LOCATION: Johnson County; TYPE OF FACILITY: oil and gas production; RULE VIOLATED: the Code, §11.081 and §11.121, by impounding, diverting, or using state water without a required permit; PENALTY: $350; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Hal Jones Development LLC; DOCKET NUMBER: 2008-1165-WQ-E; IDENTIFIER: RN105524268; LOCATION: Rockport, Aransas County; TYPE OF FACILITY: construction; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(6) COMPANY: Harris County Water Control and Improvement District Number 89; DOCKET NUMBER: 2008-0299-MWD-E; IDENTIFIER: RN101527596; LOCATION: Harris County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0012939001 Interim I Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limits for total suspended solids (TSS), ammonia nitrogen (NH3N), flow, and biochemical oxygen demand; PENALTY: $18,000; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(7) COMPANY: Hill-Lake Gas Storage, L.P.; DOCKET NUMBER: 2008-0479-AIR-E; IDENTIFIER: RN100543024; LOCATION: Moran, Eastland County; TYPE OF FACILITY: oil and gas production plant; RULE VIOLATED: 30 TAC §116.615(2), New Source Review Standard Permit (NSRSP) Number 80006, and THSC, §382.085(b), by failing to include the operation of a thermal oxidizer in the permit representations; 30 TAC §116.615(2), NSRSP Number 80006, and THSC, §382.085(b), by failing to limit the emissions of two compressor engines; 30 TAC §122.143(4) and §122.145(2)(A), General Operating Permit Number O-02544/Oil and Gas Operating Permit Number 514, State-wide requirements (b)(1) and (2), and THSC, §382.085(b), by failing to report the occurrence of a deviation in the semi-annual deviation reports and to accurately certify compliance in the Annual Compliance Certification; 30 TAC §116.615(2), NSRSP Number 80006, and THSC, §382.085(b), by failing to limit the hours of operation of two compressor engines; 30 TAC §106.512(2)(C)(iii) and §116.620(a)(4), NSRSP Number 80006, and THSC, §382.085(b), by failing to conduct biennial engine testing; and 30 TAC §116.615(2), NSRSP Number 80006, and THSC, §382.085(b), by failing to control volatile organic compound (VOC) emissions; PENALTY: $94,950; Supplemental Environmental Project (SEP) offset amount of $37,980 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(8) COMPANY: Houston Refining LP; DOCKET NUMBER: 2008-0674-MLM-E; IDENTIFIER: RN100218130; LOCATION: Houston, Harris County; TYPE OF FACILITY: refinery and associated wastewater treatment; RULE VIOLATED: 30 TAC §115.764(a)(3) and (6), §122.143(4), Federal Operating Permit (FOP) Number O-01372, Special Terms and Conditions 1.H.(iv), and THSC, §382.085(b), by failing to operate six cooling tower heat exchange system Highly-Reactive VOC (HRVOC) analyzers; 30 TAC §101.20(1) and §122.143(4), 40 Code of Federal Regulations (CFR) §60.13(d)(1), FOP Number O-01372, Special Conditions (SC) 12F, THSC, §382.085(b), by failing to perform daily/zero span checks on the sulfur dioxide analyzer; 30 TAC §§101.20(1), 116.115(c), and 122.143(4), 40 CFR §60.18(c)(2), NSRP Number 2167, SC 29, FOP Number O-01372, SC 1A and 28, and THSC, §382.085(b), by failing to demonstrate that flares were operated with a continuously operating pilot light; 30 TAC §§101.20(1), 115.352(4), 116.115(c), and 122.143(4), 40 CFR §60.482-6(a)(1), NSRP Number 2167, SC 14E, FOP Number O-01372, SC 1A and 28, and THSC, §382.085(b), by failing to cap 13 open-ended valves/lines with either a cap, plug, blind flange, or other sealing device; 30 TAC §101.20(1) and §122.143(4), 40 CFR §60.692-2(a)(2), FOP Number O-01372, SC 1A and 13B, and THSC, §382.085(b), by failing to perform monthly visual inspections on individual drain systems; 30 TAC §116.115(c) and §122.143(4), NSRP Number 2167, SC 44B, FOP Number O-01372, SC 28, and THSC, §382.085(b), by failing to operate the wet gas scrubber with a minimum pressure drop across the scrubber of .91 pounds per square inch and a minimum liquid-to-gas ratio of 16 gallons per 1,000 actual cubic feet; 30 TAC §101.20(2) and §122.143(4), 40 CFR §61.354(d), FOP Number O-01372, SC 1A, and THSC, §382.085(b), by failing to change out the carbon from a carbon canister immediately after a breakthrough was discovered; 30 TAC §117.213(g)(1)(B)(ii)(I) and §122.143(4), FOP Number O-01372, SC 1A, and THSC, §382.085(b), by failing to operate a continuous run-time meter; 30 TAC §115.144(2)(C) and §122.143(4), FOP Number O-01372, SC 1A, and THSC, §382.085(b), by failing to perform the required semi-annual seal inspection on VOC storage tanks; 30 TAC §§101.20(1), 116.115(c), and 122.143(4), 40 CFR §60.113b(b)(1)(ii), NSRP Number 2167, SC 20D, FOP Number O-01372, SC 1A and 28, and THSC, §382.085(b), by failing to perform the required seal gap inspection; 30 TAC §§101.20(2), 115.354(2)(B), and 122.143(4), 40 CFR §63.163(b)(1), FOP Number O-01372, SC 1A, and THSC, §382.085(b), by failing to perform routine leak detection and repair (LDAR) monitoring; 30 TAC §§101.20(1), 116.115(c), and 122.143(4), 40 CFR §60.482-8(c), NSRP Number 2167, SC 14I and 14H, FOP Number O-01372, SC 1A and 28, and THSC, §382.085(b), by failing to repair eight individual component leaks found during audio visual olfactory inspections; 30 TAC §§101.20(2), 115.352(2), and 122.143(4), 40 CFR §63.168(f)(1), NSRP Number 2167, SC 14I and 14H, FOP Number O-01372, SC 1A and 28, and THSC, §382.085(b), by failing to repair two leaking valves; 30 TAC §§101.20(2), 115.354(2)(C), 116.115(c), and 122.143(4), 40 CFR §63.168(f)(1), NSRP Number 2167, SC 15F, FOP Number O-01372, SC 1A and 28, and THSC, §382.085(b), by failing to conduct routine quarterly LDAR monitoring; 30 TAC §115.781(b)(3) and §122.143(4), FOP Number O-01372, SC 1.H(v), and THSC, §382.085(b), by failing to perform initial monitoring of approximately 651 connectors in HRVOC service; 30 TAC §115.781(g)(1) and §122.143(4), FOP Number O-01372, SC 1.H(v), and THSC, §382.085(b), by failing to record all the required monitoring data for 236 HRVOC-service valves; 30 TAC §115.782(b)(1) and §122.143(4), FOP Number O-01372, SC 1.H(v), and THSC, §382.085(b), by failing to repair three valves and two connectors in HRVOC service; 30 TAC §§101.20(2), 115.354(2)(C), 116.115(c), and 122.143(4), 40 CFR §63.168(d)(2), NSRP Number 2167, SC 15F, FOP Number O-01372, SC 1A and 28, and THSC, §382.085(b), by failing to monitor 406 valves on the Para-xylene Recovery Unit; 30 TAC §111.111(a)(1)(B) and §122.143(4), FOP Number O-01372, SC 3(B)(i), and THSC, §382.085(b), by failing to prevent visible emissions from a stationary vent; 30 TAC §115.725(a)(4) and §122.143(4), FOP Number O-01372, SC 1.H(ii), and THSC, §382.085(b), by failing to complete a written monitoring plan for continuous monitoring systems; 30 TAC §115.725(a)(1)(B) and §122.143(4), FOP Number O-01372, SC 1.H(i) and (ii), and THSC, §382.085(b), by failing to test 32 HRVOC analyzers on 32 HRVOC service heater stacks; 30 TAC §116.715(a), NSRP Number 2167, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §101.20(b)(1)(H) and THSC, §382.085(b), by failing to properly report the amount of unauthorized nitrogen oxide emissions; 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to timely submit the initial notification for an emissions event; 30 TAC §116.715(a), NSRP Number 2167, SC 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §116.715(a), NSRP Number 2167, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §305.125(1), TPDES Permit Number WQ0000392000, Effluent Limitations and Monitoring Requirements Number 1 for Outfall 001A, Numbers 1 and 2 for Outfall 002A, and Number 1 for Outfall 003A, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for TSS, pH, and oil and grease; PENALTY: $481,105; SEP offset amount of $96,221 applied to Trust for Public Land-Galveston Bay Natural Area Acquisition and Conservation Program; SEP offset amount of $96,221 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(9) COMPANY: Terry R. James; DOCKET NUMBER: 2008-0130-LII-E; IDENTIFIER: RN105377576; LOCATION: Smithville, Bastrop County; TYPE OF FACILITY: landscape irrigation business; RULE VIOLATED: 30 TAC §30.5(a) and (b) and §344.4(a), Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to hold an irrigator license prior to selling, advertising, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system and representing to the public that he could perform a service for which a license is required; PENALTY: $625; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(10) COMPANY: Ty Osmani dba Lucky Stop 2, Lucky Stop 4, and Lucky Stop 9; DOCKET NUMBER: 2008-0500-PST-E; IDENTIFIER: RN101445005, RN104400619, RN101434660; LOCATION: Denison, Grayson County; TYPE OF FACILITY: convenience stores with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that all USTs are monitored in a manner which will detect a release; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide release detection for the piping associated with the USTs; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors; 30 TAC §334.45(c)(3)(A), by failing to install an emergency shutoff valve on each pressurized delivery or product line and ensure that it is securely anchored at the base of the dispenser; 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection; and 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $33,428; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(11) COMPANY: Leroy McBride; DOCKET NUMBER: 2008-1129-WOC-E; IDENTIFIER: RN104956214; LOCATION: Shelby County; TYPE OF FACILITY: wastewater operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(12) COMPANY: Larry Patterson; DOCKET NUMBER: 2008-1142-WOC-E; IDENTIFIER: RN105530190; LOCATION: Argyle, Denton County; TYPE OF FACILITY: wastewater operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(13) COMPANY: City of Plano; DOCKET NUMBER: 2007-1337-WQ-E; IDENTIFIER: RN103099156; LOCATION: Plano, Collin County; TYPE OF FACILITY: collection system; RULE VIOLATED: the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater; PENALTY: $11,250; SEP offset amount of $11,250 applied to RC&D - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(14) COMPANY: Robert Serth; DOCKET NUMBER: 2008-1128-WOC-E; IDENTIFIER: RN105500839; LOCATION: Riviera, Kleberg County; TYPE OF FACILITY: public water supply operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(15) COMPANY: Shelter Park LP; DOCKET NUMBER: 2008-1124-PST-E; IDENTIFIER: RN101768638; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: airport with fleet refueling; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(16) COMPANY: Starr County; DOCKET NUMBER: 2008-1119-WR-E; IDENTIFIER: RN105510309; LOCATION: Starr County; TYPE OF FACILITY: construction site; RULE VIOLATED: the Code, §11.081 and §11.121, by impounding, diverting, or using state water without a required permit; PENALTY: $350; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(17) COMPANY: The Consolidated Water Supply Corporation; DOCKET NUMBER: 2008-0046-PWS-E; IDENTIFIER: RN102684966, RN102687381, RN101281632, RN101285989; LOCATION: Houston County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(f)(5), by failing to provide a purchase water contract; 30 TAC §290.110(b)(4) and THSC, §341.0315(c), by failing to maintain the residual disinfectant concentration in the water of at least 0.5 milligrams per liter of chloramine; 30 TAC §290.46(f)(3)(A)(iv), by failing to maintain complete records of the dates dead-end mains were flushed; 30 TAC §290.45(f)(4), by failing to provide a minimum production capacity of 0.6 gpm per connection; 30 TAC §290.45(b)(1)(D)(iv) and (f)(7) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection; 30 TAC §290.110(c)(4)(B), by failing to monitor the disinfectant residual at representative locations in the distribution system; 30 TAC §290.46(n)(2), by failing to maintain an up-to-date map of the distribution system; 30 TAC §290.42(e)(4)(B), by failing to house gas chlorination equipment and cylinders in a separate building or room; 30 TAC §290.43(e), by failing to provide a properly constructed intruder-resistant fence; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices; 30 TAC §290.46(m)(4), by failing to maintain the water system and all related appurtenances in a watertight condition; 30 TAC §290.46(f)(3)(A)(i)(II) and (ii)(II), by failing to maintain all water works operation records for at least two years; and 30 TAC §290.45(b)(1)(D)(iii) and THSC, §341.0315(c), by failing to provide two or more service pumps with a total capacity of two gpm per connection; PENALTY: $16,956; ENFORCEMENT COORDINATOR: Christopher Keffer, (512) 239-5610; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(18) COMPANY: UNITED PETROLEUM TRANSPORTS, INC.; DOCKET NUMBER: 2008-0778-PST-E; IDENTIFIER: RN103894564; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §115.221(2) and §115.222(2) and THSC, §382.085(b), by failing to control displaced vapors by a vector control or vapor balance system; PENALTY: $850; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(19) COMPANY: Viron International Corporation; DOCKET NUMBER: 2008-0122-AIR-E; IDENTIFIER: RN100223254; LOCATION: Temple, Bell County; TYPE OF FACILITY: fiberglass spray coating; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(2), Air Operating Permit Number O-02745, General Terms and Conditions (GTC), and THSC, §382.085(b), by failing to submit the annual compliance certification; 30 TAC §101.20(2) and §113.1060, 40 CFR §63.5805(b), and THSC, §382.085(b), by failing to comply with the maximum available control technology (MACT) emission limits; 30 TAC §101.20(2) and §113.1060, 40 CFR §63.5910, and THSC, §382.085(b), by failing to submit semi-annual MACT compliance certifications; 30 TAC §122.143(4) and §122.145(2)(A), Air Operating Permit Number O-02745, GTC, and THSC, §382.085(b), by failing to submit a semi-annual deviation report and include all instances of deviations; and 30 TAC §101.20(2) and §113.1060, 40 CFR §63.5910, and THSC, §382.085(b), by failing to submit a notice of compliance status; PENALTY: $15,750; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(20) COMPANY: City of Weatherford; DOCKET NUMBER: 2008-0613-MWD-E; IDENTIFIER: RN101614055; LOCATION: Parker County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010380002, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a)(1), by failing to comply with permitted effluent limits for NH3; PENALTY: $3,050; SEP offset amount of $2,440 applied to Keep Texas Beautiful-Waterway Cleanup Program; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200804057
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: August 5, 2008
Notice issued July 29, 2008.
TCEQ Internal Control No. 07082008-D02; David B. Hendricks and Houston Intercontinental Trade Center, L.P. (Petitioner) filed a petition for creation of Montgomery County Municipal Utility District No. 126 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land, consisting of one tract, to be included in the proposed District; (2) there are two lien holders, Sterling Bank, and Benchmark Bank, on the property to be included in the proposed District; (3) the proposed District will contain approximately 293.49 acres located in Montgomery County, Texas; and (4) most of the land within the proposed District is within the extraterritorial jurisdiction of the City of Conroe, Texas (City) and is in the process of being annexed into the corporate limits of the City. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $24,375,000 for water, wastewater, and drainage facilities, and $3,340,000 for parks and recreational facilities.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en Español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200804101
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 6, 2008
The following notices were issued during the period of July 17, 2008 through August 5, 2008.
The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.
INFORMATION SECTION
ALBEMARLE CORPORATION which operates the Albemarle Pasadena Plant which manufactures industrial organic and inorganic chemicals and accepts wastewaters for treatment from the other organic and inorganic chemicals manufacturers (Ethyl Corporation; Bigler LP; and MEMC Pasadena, Inc.), has applied for a major amendment to TPDES Permit No. WQ0000492000 to increase the permitted effluent limitations for toluene at Outfall 001. The current permit authorizes the discharge of treated process wastewater, utility wastewaters, treated domestic wastewater, storm water, certain non-storm water discharges, and previously monitored effluents from offsite facilities at a daily average flow not to exceed 6,164,000 gallons per day via Outfall 001; utility wastewaters, wash water, non-process area storm water, and certain non-storm water discharges on an intermittent and flow variable basis via Outfall 003; and utility wastewaters, non-process area storm water, and certain non-storm water discharges on an intermittent and flow variable basis via Outfall 004. The facility is located at 2500 North South Street, approximately one mile north of State Highway 225, at the intersection of North South Street and the Houston Ship Channel, in the City of Pasadena, Harris County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.
ARCHDIOCESE OF GALVESTON HOUSTON has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0014218001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day. The facility is located approximately seven miles southeast of the intersection of Farm-to-Market Road 1488 and State Highway 249 in Montgomery County, Texas.
BASTROP COUNTY MUNICIPAL UTILITY DISTRICT NO 1 has applied for a major amendment to Texas Land Application Permit (TLAP) No. WQ0013894001 to change the method of disposal from irrigation to discharge of treated domestic wastewater at a daily average flow not to exceed 49,500 gallons per day. The draft permit will authorize the disposal of treated effluent via irrigation of 21 acres of public access land at a daily average flow of 49,500 gallons per day in the interim phase. The current permit authorizes the disposal of treated effluent via irrigation of 32 acres of public access land at a daily average flow of 80,000 gallons per day. The facility is located approximately 1.4 miles north of the confluence of the Colorado River and Cedar Creek, and approximately 2 miles northeast of the intersection of State Highway 304 and Farm-to-Market Road 2571 in Bastrop County, Texas.
CITY OF CRAWFORD has applied for a renewal of TPDES Permit No. WQ0010656001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 90,000 gallons per day. The facility is located approximately 1,000 feet south of Farm-to-Market Road 185 and approximately 3,000 feet southeast of the intersection of State Highway 185 and State Highway 317 in the City of Crawford in McLennan County, Texas.
FORT BEND COUNTY FRESH WATER SUPPLY DISTRICT NO 2 has applied for a renewal of TPDES Permit No. WQ0014433001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The facility will be located on the west side of Rustic Lane, approximately 800 feet south of E.W. Cumings Road in Fort Bend County, Texas.
FRUITVALE HOUSING AUTHORITY has applied for a renewal of TPDES Permit No. WQ0014545001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 4,300 gallons per day. The facility is located approximately 2,500 feet south-southeast of the intersection of State Highway 80 and Farm-to-Market Road 1910 and approximately 4,000 feet southwest of the intersection of State Highway 80 and Farm-to-Market Road 1110 in Van Zandt County, Texas.
HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO 51 has applied for a renewal of TPDES Permit No. WQ0010032001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 6,300,000 gallons per day. The facility is located at 14701 Woodforest Boulevard, east of Carpenters Bayou in Harris County, Texas.
METTON AMERICA INC. which operates the Metton America, Inc. La Porte plant, a liquid resins manufacturing facility, has applied for a major amendment to TPDES Permit No. WQ0002406000 to authorize the removal of Outfall 002 and addition of new storm water Outfall 004, and a change in the monitoring requirements for Outfall 001 in the event the continuous monitoring system is inoperable. The current permit authorizes the discharge of treated process and nonprocess wastewater, and storm water at a daily average flow not to exceed 10,000 per day and the daily maximum not to exceed 20,000 gallons per day via Outfall 001, and stormwater on an intermittent and flow variable basis via Outfall 003 and 004. The facility is located at 2727 Miller Cut-Off Road in the City of La Porte, Harris County, Texas.
NEW WAVERLY VENTURES LTD CO. which operates a bark mulch bagging and bulk mulch facility, has applied for a renewal of TPDES Permit No. WQ0001905000, which authorizes the discharge of domestic wastewater, compressor condensate, log wet deck water, vehicle/equipment wash water, and storm water on an intermittent and flow variable basis via Outfall 001. The facility is located on the east side of U.S. Highway 75, approximately three miles north of the City of New Waverly, Walker County, Texas.
THE CITY OF LAVON has applied for a renewal of TPDES Permit No. WQ0014577001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. TCEQ received this application on March 27, 2008. The facility is located at 1055 CR 484, approximately 4,600 feet southeast of the intersection of County Road 205 and State Highway 78 and approximately 6,800 feet southwest of the intersection of County Road 483 and Farm-to-Market Road 2755 (Main Street) in Collin County, Texas.
THE CITY OF PEARLAND has applied for a renewal of TPDES Permit No. WQ0010134008, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located approximately 1,000 feet north of McHard Road, approximately 1.25 miles west of the intersection of McHard Road and State Highway 288 in Brazoria County, Texas.
If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200804100
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 6, 2008
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on July 29, 2008, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Michael Eugene French; SOAH Docket No. 582-08-0669; TCEQ Docket No. 2006-2022-MSW-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Michael Eugene French on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.
TRD-200804102
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 6, 2008
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on July 29, 2008, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Liberty Waste Systems, Inc.; SOAH Docket No. 582-08-1316; TCEQ Docket No. 2007-0795-MLM-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Liberty Waste Systems, Inc. on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.
TRD-200804103
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 6, 2008
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on August 1, 2008, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Wayne Orsak dba East Texas Tree Service; SOAH Docket No. 582-08-1771; TCEQ Docket No. 2007-1587-MSW-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Wayne Orsak dba East Texas Tree Service on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.
TRD-200804104
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 6, 2008
Notice of Hearing on Proposed Provider Payment Rates
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 22, 2008, at 9:00 a.m. to receive public comment on proposed specialized nursing payment rates for agency and independently delivered Registered Nurse (RN) and Licensed Vocational Nurse (LVN) services in the Medically Dependent Children Program (MDCP). This program is operated by the Texas Department of Aging and Disability Services (DADS). These payment rates are proposed to be effective September 1, 2008.
The public hearing will be held in compliance with Human Resources Code §32.0282 and Title 1, Texas Administrative Code (TAC) §355.105(g), which require public notice and hearings on proposed payment rates. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring American with Disabilities Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. HHSC proposes to adopt rates for the services listed above. The proposed rates will be effective September 1, 2008, and were determined in accordance with the rate setting methodologies listed below under Methodology and Justification.
Methodology and justification. The proposed rates were determined in accordance with the rate setting methodology codified at 1 TAC, Chapter 355, Subchapter F, §355.456, relating to Reimbursement Rates. Specialized nursing is a new service that will be available to MDCP consumers effective September 1, 2008, and requires rates before DADS can implement the service.
Briefing Package. A briefing package describing the proposed payment rates will be available on August 8, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, MC H-400, P.O. Box 85200, Austin, Texas 78708-5200. Express mail can be sent, or written comments can be hand delivered, to Kimbra Rawlings, HHSC Rate Analysis, MC H-400, Braker Center Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be sent via facsimile to Ms. Rawlings at (512) 491-1998.
TRD-200804089
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 5, 2008
The Texas Health and Human Services Commission announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed effective date for this amendment is September 1, 2008.
The proposed amendment will adjust the Nursing Facility (NF) reimbursement methodology to replace the Texas Index for Level of Effort (TILE) case mix system with the Resource Utilization Groups (RUG) case mix system for purposes of NF reimbursement; establish a one-year hold-harmless transition from TILE to RUG; and remove outdated language. The amendment will also allow payment rates for the pediatric facility class to be determined annually on the state's fiscal year rather then biennially coincident with the state's biennium.
The proposed amendment is estimated to result in additional annual aggregate expenditures of $10,725,489 for the remainder of federal fiscal year (FFY) 2008 (September 1, 2008, through September 30, 2008), with approximately $6,384,883 in federal funds and approximately $4,340,605 in state general revenue. For FFY 2009, the proposed amendment is estimated to result in additional annual aggregate expenditures of $117,980,374, with approximately $70,233,717 in federal funds and approximately $47,746,657 in state general revenue.
To obtain copies of the proposed amendment or to submit written comments, interested parties may contact Pam McDonald by mail at Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, Mail Code H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1373; by facsimile at (512) 491-1998; or by e-mail at pam.mcdonald@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200804058
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 5, 2008
Application for admission to the State of Texas by GRANITE RE, INC., a foreign fire and/or casualty company. The home office is in Oklahoma City, Oklahoma.
Application for admission to the State of Texas by PRESERVER INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Paramus, New Jersey.
Application for admission to the State of Texas by VININGS INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Atlanta, Georgia.
Application for admission to the State of Texas by ASSOCIATION INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Atlanta, Georgia.
Application to change the name of XL CAPITAL ASSURANCE INS., to SYNCORA GUARANTEE INC., a foreign fire and/or casualty company. The home office is in New York, New York.
Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
TRD-200804099
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: August 6, 2008
The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.
Application of PHONOSCOPE HEALTH NETWORK, INC. (using the assumed name PHONOSCOPE HEALTH TPA), a domestic third party administrator. The home office is HOUSTON, TEXAS.
Application of METHODIST HEALTHCARE SYSTEM OF SAN ANTONIO, LTD., a domestic third party administrator. The home office is SAN ANTONIO, TEXAS.
Application of J J STANIS AND COMPANY, INC., a foreign third party administrator. The home office is JERICHO, NEW YORK.
Application of COMBINED GROUP INSURANCE SERVICES, INC. (using the assumed name ANCHOR CLAIMS MANAGEMENT, a domestic third party administrator. The home office is CARROLLTON, TEXAS.
Application of ESSEX ADMINISTRATIVE SERVICES, INC., a foreign third party administrator. The home office is ST. LOUIS, MISSOURI.
Application of AXA BUSINESS SERVICES PRIVATE LIMITED, a foreign third party administrator. The home office is BANGALORE, INDIA.
Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of David Moskowitz, MC 305-2E, 333 Guadalupe, Austin, Texas 78701.
TRD-200804098
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: August 6, 2008
Instant Game Number 1115 "Neon 9's"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1115 is "NEON 9’S". The play style is "other".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1115 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 1115.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible red play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20 and 9 SYMBOL. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 9 SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $25.00, $50.00, $100, $500, $2,000 and $20,000.
D. Play Symbol Caption - the printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1115 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.
F. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $100 or $500.
H. High-Tier Prize - A prize of $2,000 or $20,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1115), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 1115-0000001-001.
K. Pack - A pack of "NEON 9’S" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket will be folded over to expose a front and back of one ticket on each pack. Please note the books will be in an A, B, C and D configuration.
L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "NEON 9’S" Instant Game No. 1115 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "NEON 9’S" Instant Game is determined once the latex on the ticket is scratched off to expose 20 (twenty) play symbols. If a player reveals a BLACK "9" symbol, the player wins the PRIZE shown for that symbol. If the player reveals a RED "9" symbol, the player wins DOUBLE the PRIZE shown instantly! No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 20 (twenty) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 20 (twenty) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 20 (twenty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.
17. Each of the 20 (twenty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
B. No three or more matching non-winning prize symbols will appear on a ticket.
C. No duplicate non-winning play symbols on a ticket regardless of color.
D. Non-winning prize symbols will never be the same as the winning prize symbol(s).
E. No prize amount in a non-winning spot will correspond with the play symbol (i.e. 5 and $5).
F. Non-winning play symbols and captions will appear in both black and red imaging.
G. Winning play symbols will only appear in the color designated by the prize structure.
H. There will be a minimum of 4 red play symbols and a maximum of 7 red play symbols on a ticket unless otherwise indicated by the prize structure.
I. The "BLACK 9" (auto win) play symbol will only appear as dictated by the prize structure.
J. The "RED 9" (doubler) play symbol will only appear as dictated by the prize structure.
K. The top prize symbol will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "NEON 9’S" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "NEON 9’S" Instant Game prize of $2,000 or $20,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "NEON 9’S" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "NEON 9’S" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "NEON 9’S" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 8,040,000 tickets in the Instant Game No. 1115. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1115 without advance notice, at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1115, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-200804023
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: August 4, 2008
A public hearing to receive public comments regarding proposed amendments to 16 TAC §402.200, relating to General Restrictions on the Conduct of Bingo, proposed new 16 TAC §402.205, relating to Unit Agreements, proposed amendments to 16 TAC §402.400, relating to General Licensing Provisions, and proposed new 16 TAC §402.442, relating to Amendment to Commercial Lessor License will be held on Tuesday, September 9, 2008, at 10:00 a.m. at the Texas Lottery Commission, Commission Auditorium, First Floor, 611 E. Sixth Street, Austin, Texas 78701. Persons requiring any accommodation for a disability should notify Michelle Guerrero, Executive Assistant to the General Counsel, Texas Lottery Commission at (512) 344-5113 at least 72 hours prior to the public hearing.
TRD-200804018
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: August 1, 2008
A public hearing to receive public comments regarding proposed amendments to 16 TAC §401.362, relating to Retailer's Financial Responsibility for Lottery Tickets Received and Subsequently Damaged or Rendered Unsaleable, for Winning Lottery Tickets Paid and for Lottery-Related Property will be held on Thursday, September 4, 2008, at 10:00 a.m. at the Texas Lottery Commission, Commission Auditorium, First Floor, 611 E. Sixth Street, Austin, Texas 78701. Persons requiring any accommodation for a disability should notify Michelle Guerrero, Executive Assistant to the General Counsel, Texas Lottery Commission at (512) 344-5113 at least 72 hours prior to the public hearing.
TRD-200804019
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: August 1, 2008
Notice of Award - IT Optimization Assistance in the Development of an IT Strategy and Implementation Roadmap
In accordance with §2254.030 of the Texas Government Code, the Texas Department of Public Safety (TXDPS) announces the award of the contract pursuant to Request for Qualifications for IT Optimization Assistance in the Development of an IT Strategy and Implementation Roadmap (RFQ #405-IT8-0472), which was published in the April 18, 2008, issue of the Texas Register (33 TexReg 3342).
A description of the work to be performed under the contract:
Gartner, Inc. will conduct a detailed assessment of the current TXDPS IT environment and develop an IT strategy and implementation plan to align the TXDPS IT environment with the TXDPS business needs.
Name and business address of the consultant selected:
Gartner, Inc. 4501 North Fairfax Drive - 8th Floor Arlington, VA 22203
The amount of the contract:
$320,316.00
Beginning and ending dates of the contract:
The contract became effective on July 28, 2008.
Unless the parties later agree otherwise in writing, the contract terminates 12 to 16 weeks after July 28, 2008. The exact date of termination will be determined after the kickoff session, which is currently scheduled for August 4, 2008.
Date for completion of work to be performed:
Gartner, Inc. is required to deliver the final written report, as well as all other deliverables, prior to contract termination. The exact date for deliverables and termination will be determined after the kickoff session.
TRD-200804012
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: August 1, 2008
Notice of Application for a Certificate to Provide Retail Electric Service
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 28, 2008, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Pulse Energy, Inc. for Retail Electric Provider (REP) Certification, Docket Number 35928 before the Public Utility Commission of Texas.
Applicant's requested geographic area is the area of the Electric Reliability Council 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 August 22, 2008. 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 35928.
TRD-200803997
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 31, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 30, 2008, for an amendment to certificated service area for a service area exception within Bell County, Texas.
Docket Style and Number: Application of Pedernales Electric Cooperative, Inc. to Amend its Certificate of Convenience and Necessity for an Electric Service Area Exception within Bell County. Docket Number 35939.
The Application: Pedernales Electric Cooperative, Inc. (PEC) filed an application for a service area boundary exception to allow PEC to provide service to a specific customer located within the certificated service area of Bartlett Electric Cooperative, Inc. (Bartlett). The customer requested 3-phase electrical service from PEC. Bartlett has provided a letter of concurrence for the proposed change.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than August 22, 2008, 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 35939.
TRD-200804049
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 4, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 1, 2008, for an amendment to certificated service area for a service area exception within Crosby County, Texas.
Docket Style and Number: Application of Southwestern Public Service Company an Xcel Energy Company for an Amendment to a Certificate of Convenience and Necessity for an Electric Service Area Exception within Crosby County; Docket Number 35949.
The Application: Southwestern Public Service Company an Xcel Energy Company (SPS/Excel) filed an application for a service area boundary exception to allow SPS/Excel Energy to provide service to a specific customer located within the certificated service area of South Plains Electric Cooperative, Inc. The customer has requested three-phase electrical service from SPS/Excel for easier access. South Plains Electric Cooperative, Inc. has provided a letter of concurrence for the proposed change.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than August 22, 2008 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 35949.
TRD-200804051
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 4, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 31, 2008, for an amendment to certificated service area for a service area exception within Moore County, Texas.
Docket Style and Number: Application of Southwestern Public Service Company for an Amendment to a Certificate of Convenience and Necessity for an Electric Service Area Exception within Moore County, Docket Number 35940.
The Application: Southwestern Public Service Company an Xcel Energy Company (SPS/Excel) filed an application for a service area boundary exception to allow SPS/Excel Energy to provide service to a specific customer located within the certificated service area of Rita Blanca Electric Cooperative, Inc. The customer requested 3-phase electrical service from SPS/Excel. Rita Blanca Electric Cooperative, Inc. has provided a letter of concurrence for the proposed change.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than August 22, 2008 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 35940.
TRD-200804050
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 4, 2008
Notice is given to the public of a joint application for sale, transfer, or merger filed with the Public Utility Commission of Texas on July 30, 2008, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.101 and §37.154 (Vernon 2007) (PURA).
Docket Style and Number: Joint Application of AEP Texas Central Company and Electric Transmission Texas, LLC to Transfer Certificate Rights and for Approval of Transfer of Facilities in McMullen, Webb, and LaSalle Counties, Texas; Docket Number 35938.
The Application: This transaction involves the transfer from AEP Texas Central Company (AEP Texas Central) to Electric Transmission Texas, LLC (ETT) transmission facilities and associated certificate of convenience and necessity rights. The transmission facilities proposed for transfer are (1) the AEP Texas Central share of the new San Miguel to Lobo 345-kV transmission line, which is approximately 63 miles in length; (2) the new Lobo Switching Station; (3) the portion of the existing Laredo-to-Freer 69-kV transmission line that runs from the Laredo Plant Station to the new Lobo Switching Station; and (4) the portion of the existing Laredo-to- Bruni 138-kV transmission line that runs from the Laredo VFT Station to the new Lobo Switching Station, and related facilities. The portions of the existing transmission lines to be transferred from AEP Texas Central to ETT total approximately 33 miles and are located in McMullen, Webb, and LaSalle Counties.
Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission’s Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 35938.
TRD-200804010
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 1, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on July 29, 2008, for expanded local calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory Act (PURA).
Project Title and Number: Petition of the Frio Canyon Exchange for Expanded Local Calling Service, Project Number 35934.
The petitioners in the Frio Canyon exchange request ELCS to the exchanges of Kerrville, Sabinal, and Uvalde.
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 October 1, 2008. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2789. All comments should reference Project Number 35934.
TRD-200804000
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 31, 2008
Notice is given to the public of the 2008 annual compliance affidavit proceeding initiated by the Public Utility Commission of Texas for eligible telecommunications providers (ETP) to attest to the proper use of Texas universal service funds.
Project Title and Number: Annual Compliance Affidavit Attesting to Proper Use of Texas Universal Service Fund Pursuant to Public Utility Regulatory Act (PURA) §56.030. Project Number 32567.
The Public Utility Commission of Texas (commission) initiated this proceeding pursuant to PURA §56.030 and P.U.C. Substantive Rule §26.417. PURA §56.030 requires that on or before September 1 of each year, a telecommunications provider that receives disbursements from the TUSF file with the commission an affidavit certifying that the telecommunications provider complies with the requirements for receiving money from the TUSF and requirements regarding the use of money from TUSF program for which the telecommunications provider receives disbursements.
This certification requirement applies to every ETP receiving support from the TUSF. In accordance with PURA §56.030 and P.U.C. Substantive Rule §26.417, each ETP receiving TUSF support must file with the commission a sworn affidavit (using the commission prescribed form) certifying that the provider complies with the requirements for receiving money from the TUSF and the requirements regarding the use of money from each TUSF program for which the provider receives funds.
Therefore, on or before August 29, 2008, carriers designated as ETPs 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. 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. Persons contacting the commission regarding this certification proceeding should refer to Project Number 32567.
TRD-200803999
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 31, 2008
Notice is given to the public of the 2008 annual certification proceeding initiated by the Public Utility Commission of Texas for state certification of common carriers as eligible telecommunications carriers (ETC) to receive federal universal service funds (FUSF).
Docket Title and Number: Designation of Common Carriers as Eligible Telecommunications Carriers (ETC) to Receive Federal Universal Service Funds Pursuant to the Federal Communications Commission's Fourteenth Report and Order Adopting a State Certification Process. Docket Number 24481.
The Public Utility Commission of Texas (commission) initiated this proceeding in response to the Federal Communications Commission's (FCC) Fourteenth Report and Order adopting a state certification process. Under §254(e) of the Federal Telecommunications Act (FTA) carriers must use federal universal service support "only for the provision, maintenance, and upgrading of facilities and services for which the support was intended." The FCC concluded that it is appropriate for the state to certify that all federal high-cost funds flowing to carriers within the state of Texas are being used in a manner consistent with FTA §254(e). The commission is required to file such annual certification with the FCC and the Universal Service Administrative Company (USAC) on or before October 1 of each year. Absent such certification, carriers will not receive federal universal service support.
The certification requirement is applicable to all rural carriers and competitive eligible telecommunications carriers seeking high-cost support in the service area of a rural local exchange carrier that the state commission certifies as eligible to receive federal high-cost support during that annual period. In accordance with P.U.C. Substantive Rule §26.418(j), carriers shall certify directly to the commission in the form of a sworn affidavit executed by a corporate officer which certifies that the carrier is complying with the federal requirements for the receipt of FUSF support. All carriers within the state of Texas that request certification by the commission shall submit an affidavit on or before September 2, 2008.
Therefore, on or before September 2, 2008, carriers seeking to be certified 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. 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. Persons contacting the commission regarding this certification proceeding should refer to Docket Number 24481.
TRD-200803998
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 31, 2008
The staff of the Public Utility Commission of Texas (commission) requests comments regarding the development of a commission form for submitting an application for a proposed transmission line pursuant to P.U.C. Substantive Rule §25.174 (CREZ transmission line). The deadline for comments is until 3:00 p.m., Friday, August 22, 2008, by the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, Austin, Texas 78711-3326. Project Number 35186, PUC Development of Application Form for a Certificate of Convenience and Necessity for a Proposed Transmission Line Pursuant to P.U.C. Subst. R. 25.174 , has been established for this proceeding. The form can be accessed on the commission's Agency Information System (AIS) under Project Number 35186.
Responses may be filed by submitting 16 copies to the Filing Clerk within seven days of the date of publication of this notice. All responses should reference Project Number 35186.
Questions concerning Project Number 35186 should be referred to Mike Lee, Infrastructure and Reliability Division, (512) 936-7348 or Felipe Alonso, Legal Division, (512) 936-7275. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200804109
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 6, 2008
Notice of Intent - United States Highway (US) 290/State Highway (SH) 71, Travis County, Texas
Pursuant to 43 TAC §2.5(e)(2), the Texas Department of Transportation (department), in cooperation with the Federal Highway Administration (FHWA), is issuing this notice to advise the public that a limited-scope Supplemental Environmental Impact Statement (SEIS) will be prepared for a proposed transportation project. The limited scope of the project is United States Highway (US) 290/State Highway (SH) 71 from Ranch-to-Market Road (RM) 1826 to east of Williamson Creek, in Travis County, Texas. This limited scope SEIS will also include improvements to SH 71 from Silvermine Drive to US 290 in Travis County.
The improvements proposed on US 290 between RM 1826 and east of Williamson Creek were originally considered in a Final Environmental Impact Statement (FEIS) covering improvements to US 290/SH 71 from RM 1826 to Farm-to-Market Road (FM) 973. A Record of Decision (ROD) was issued by FHWA on August 22, 1988. The central segment of the original project limits, between east of Williamson Creek and Riverside Drive, has been constructed. Since the issuance of the US 290/SH 71 ROD, the proposed design concept for the current project has changed as a result of changes in adjacent land use, federal and state listing of the Barton Springs salamander as endangered, changes in funding mechanisms to include tolling, a proposed shift in the alignment, and public input. The original FEIS will be supplemented to evaluate the changes in potential impacts from the proposed improvements. The proposed project limits of the US 290/SH 71 limited scope SEIS would extend beyond the limits of the original FEIS to allow for a transition back to existing US 290 west of Scenic Brook Drive and along SH 71 at Silvermine Drive.
The project is listed in the Capital Area Metro Planning Organization (CAMPO) Mobility 2030 Plan, as amended, (the long-range transportation plan) as a six-lane tolled freeway from west of Scenic Brook to east of Williamson Creek. The proposed action would include continuous non-tolled frontage roads with two to three lanes in each direction. The need for the US 290/SH 71 project, as stated in the 1988 FEIS, has resulted from congestion and low travel speeds caused by rapid population growth in the Austin metropolitan area. Crash data have also indicated safety issues as a primary need for this project. Additionally, the economic growth of the US 290/SH 71 corridor is dependent on the ability of the roadway network to accommodate both local trips created by recent nearby development as well as regional through-traffic. In order to address these needs, the purpose of the proposed project is to increase traffic flow capacities and improve mobility in the roadway corridor while enhancing safety and system interconnectivity, in compliance with the adopted CAMPO Mobility 2030 Plan, as amended.
The SEIS will evaluate potential impacts from construction and operation of this project, including, but not limited to, the following: impacts or potential displacements to residences and businesses; detours; air and noise impacts from construction equipment and operation of the project; water quality impacts from the construction area and from roadway storm water runoff; impacts to waters of the United States; impacts to historic and archeological resources; impacts to floodplains; impacts to socio-economic resources (including environmental justice and limited English proficiency populations); indirect impacts; cumulative impacts; land use; vegetation; wildlife; and aesthetic and visual resources. The original FEIS identified impacts that include displacement of residences and businesses and increased traffic noise levels. However, the FEIS analyzed improvements to SH 71/US 290 from RM 1826 to FM 973. The current project covers a shorter segment, approximately 3.6 miles along US 290 and 1.2 miles along SH 71. To date, the department has not identified any known or potential significant impacts from the modified alignment alternative on the human environment.
The department will consider a number of alternatives intended to satisfy the identified purpose and need. The alternatives will include the no-build alternative and build alternatives. Roadway build alternatives include the 1988 FEIS alternative, a modified alignment alternative, and a parkway alternative. The 1988 alignment generally would take right-of-way from south of existing US 290 from RM 1826 to SH 71 and from the north of US 290 from SH 71 to east of Williamson Creek. The modified alignment would generally take additional right-of-way south of US 290 from west of Scenic Brook Drive to SH 71 and from the north and south of US 290 from SH 71 to east of Williamson Creek. Along SH 71, right of way generally would be taken from the west side of SH 71.
The project may require the following approvals by the federal government: United States Army Corps of Engineers (USACE) Section 404; Section 401 Water Quality Certification; and National Pollutant Discharge Elimination System (NPDES). The actual approvals required may change after the department completes field surveys and selects the alignment for the project.
The department will complete the procedures for public participation and coordination with other agencies as described in one or both the National Environmental Policy Act and state law. The department will conduct appropriate public involvement to solicit public comment during the environmental review process. Public notices will be given stating the date, time and location of the meeting or hearing and will be published in English. Provision will be made for those with special communication needs, including translation if requested. The department will also send correspondence, describing the proposed project and soliciting comments, to federal, state, and local agencies, and to organizations and individuals who have previously expressed or are known to have an interest in the project. The department invites comments and suggestions from all interested parties to ensure that the full range of issues related to the proposed project are identified and addressed. Comments or questions should be directed to the department at the address set forth below.
A proposed schedule for completion of the environmental review process is not available.
Agency Contact: Comments or questions concerning this proposed action and the EIS should be sent to Enoch N. Needham, P.E., Director, Transportation Planning and Development, Texas Department of Transportation, Austin District, P.O. Box 15426, Austin, Texas 78761-5426; phone (512) 832-7000.
TRD-200804003
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: August 1, 2008
The Texas Department of Transportation (department) will hold a public hearing on Friday, August 29, 2008, at 11:00 a.m. at the Texas Department of Transportation, 200 East Riverside Drive, Room 2A-2, Austin, Texas to receive public comments on the August 2008 Revisions to the Statewide Transportation Improvement Program (STIP) for FY 2008 - 2011. The STIP reflects the federally funded transportation projects in the FY 2008 - 2011 Transportation Improvement Programs (TIPs) for each Metropolitan Planning Organization (MPO) in the state. The STIP includes both state and federally funded projects for the non attainment areas of Beaumont, Dallas-Fort Worth, El Paso, and Houston. The STIP also contains information on federally funded projects in rural areas that are not included in any MPO area, and other statewide programs as listed.
Title 23, United States Code, §134 and §135 require each designated MPO and the state, respectively, to develop a TIP as a condition to securing federal funds for transportation projects under Title 23 or the Federal Transit Act (49 USC §5301, et seq.).
Section 134(j) requires an MPO to develop its TIP in cooperation with the state and affected transportation operators, to provide an opportunity for interested parties to participate in the development of the program, and further requires the TIP to be updated at least once every four years and approved by the MPO and the Governor or Governor's designee. Section 135(g) requires the state to develop a STIP for all areas of the state in cooperation with the designated MPOs and, with respect to non-metropolitan areas, in consultation with affected local officials, and further requires an opportunity for participation by interested parties as well as approval by the Governor or the Governor's designee.
In accordance with 43 TAC §15.8(d), a copy of the proposed August 2008 Revisions to the FY 2008 - 2011 STIP will be available for review, at the time the notice of hearing is published, at each of the department's district offices, at the department's Transportation Planning and Programming Division offices located in Building 118, Second Floor, 118 East Riverside Drive, Austin, Texas, and on the department's website at:
www.dot.state.tx.us
Persons wishing to review the August 2008 Revisions to the FY 2008 - 2011 STIP may do so online or contact the Transportation Planning and Programming Division at (512) 486-5033.
Persons wishing to speak at the hearing may register in advance by notifying Lori Morel, Transportation Planning and Programming Division, at (512) 486-5033 not later than Thursday, August 28, 2008, or they may register at the hearing location beginning at 10:00 a.m. on the day of the hearing. Speakers will be taken in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony. Persons with disabilities who have special communication or accommodation needs or who plan to attend the hearing may contact Randall Dillard, Government and Public Affairs Division, at 125 East 11th Street, Austin, Texas 78701-2483, (512) 305-9137. Requests should be made no later than three days prior to the hearing. Every reasonable effort will be made to accommodate the needs.
Further information on the FY 2008 - 2011 STIP may be obtained from Lori Morel, Transportation Planning and Programming Division, 118 East Riverside Drive, Austin, Texas 78704, (512) 486-5033. Interested parties who are unable to attend the hearing may submit comments to James L. Randall, P.E., Director, Transportation Planning and Programming Division, 118 East Riverside Drive, Austin, Texas 78704. In order to be considered, all written comments must be received at the Transportation Planning and Programming office by Monday, September 29, 2008, at 4:00 p.m.
TRD-200804002
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: August 1, 2008
The Texas Department of Transportation (department) is requesting comments on the proposed text for the public version of the department's 2009 - 2013 Strategic Plan. This plan complements the Legislative Budget Board required Strategic Plan with a streamlined presentation of the department's five goals: reduce congestion, enhance safety, improve air quality, expand economic opportunity, and preserve the value of our transportation assets.
The department has posted the draft text for the public Strategic Plan on the following website:
www.txdot.gov
The plan is located under the "Inside TxDOT" heading.
Comments on the public version of the TxDOT 2009 - 2013 Strategic Plan may be submitted in writing to the Texas Department of Transportation, Government and Public Affairs Division, 125 East 11th Street, Austin, Texas 78701-2483, by facsimile transmission at (512) 416-2329, or by email at:
Email: strategicplan@dot.state.tx.us.
Comments are due by 5:00 p.m. on September 15, 2008.
TRD-200804045
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: August 4, 2008
Correction to the Notice of Intent to Seek Consultant Services
In accordance with the provisions of Chapter 2254, Texas Government Code , The University of Texas at Health Science Center - Houston has announced an addendum to the contract for consulting services more particularly described in the Notice of Intent to Seek Consultant Services related to the marketing and branding initiative published in the Texas Register on August 1, 2008 (33 TexReg 6243).
This correction forms part of Contract Documents and modifies Bid Documents dated July 22, 2008 as follows:
Section 3, Submission of Proposal 3.1 Number of Copies - Proposers must submit a total of NINE (9) complete and identical copies of its entire proposal.
(The document originally stated eight (8).)
TRD-200804105
Francie A. Frederick
General Counsel to the Board of Regents
The University of Texas System
Filed: August 6, 2008