IN ADDITION

Office of the Attorney General

Texas Water Code and Texas Health & Safety Code Settlement Notice

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Water Code and the Texas Health & Safety Code. Before the State may settle a judicial enforcement action under the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed judgment if the comments disclose facts or considerations that include that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Texas Water Code and the Texas Health & Safety Code.

Case Title and Court: State of Texas v. South Texas Roll-Offs, LLC, Wesley C. Barfield, John C. Barfield, Jr., and John "Neal" C. Barfield, III; Cause No. D-1-GN-15-002987, in the 419th Judicial District Court, Travis County, Texas.

Nature of the Defendants' Operations: John C. Barfield, Jr. owns real property outside Gonzales in Gonzales County (the "Site"). South Texas Roll-Offs, LLC disposed of various types of municipal solid waste at the Site, including construction and demolition debris as well as household trash and electronics. Some of the waste had been burned at the Site. None of the Defendants have authority from the Texas Commission on Environmental Quality ("TCEQ") to dispose, store, process, or burn waste at the Site. On October 9, 2013, the TCEQ entered an administrative order against South Texas Roll-Offs, LLC, which ordered South Texas Roll-Offs, LLC to cease disposal of waste and complete removal of waste from the Site. The administrative order also assessed a penalty against South Texas Roll-Offs, LLC. Investigations of the Site revealed that none of the Defendants complied with the terms of the administrative order.

Proposed Agreed Judgment: The Agreed Final Judgment and Permanent Injunction orders the Defendants to stop burning waste at the Site and stop disposing, storing or accepting additional waste at the Site. The Defendants are further ordered to remove and properly dispose of the waste at a facility authorized to accept waste by the TCEQ. The Judgment awards the State of Texas civil penalties in the amount of $36,000, $7,500 in attorney's fees, and $16,841 in unpaid administrative penalties.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment and Permanent Injunction should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement, should be directed to Ekaterina DeAngelo, Assistant Attorney General, Office of the Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-201606075

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: November 28, 2016


Comptroller of Public Accounts

Notice of Contract Award

The Texas Comptroller of Public Accounts ("Comptroller") announces the award of an outside collection services contract (Tier I) to Collecto, Inc, d/b/a EOS CCA, 700 Longwater Drive, Norwell, Massachusetts 02061-1674, under Request for Proposals No. 218e ("RFP"). The total amount of the contract is a percentage of the total amounts collected by Comptroller on referred accounts during the referral period. The term of the contract is November 18, 2016 through December 31, 2018, with option to renew for two (2) additional one (1) year periods, one (1) year at a time.

The notice of the RFP was published in the July 15, 2016, issue of the Texas Register (41 TexReg 5265).

TRD-201606041

Joseph Madden

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: November 22, 2016


Notice of Contract Award

The Texas Comptroller of Public Accounts ("Comptroller") announces the award of an outside collection services contract (Tier II) to Account Control Technology, Inc., 21700 Oxnard Street, Suite 1400, Woodland Hills, California 91367, under Request for Proposals No. 218f ("RFP"). The total amount of the contract is a percentage of the total amounts collected by Comptroller on referred accounts during the referral period. The term of the contract is November 18, 2016 through December 31, 2018, with option to renew for two (2) additional one (1) year periods, one (1) year at a time.

The notice of the RFP was published in the July 15, 2016 issue of the Texas Register (41 TexReg 5265).

TRD-201606042

Cindy Stapper

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: November 22, 2016


Notice of Legal Banking Holidays

Texas Tax Code Annotated §111.053(b) requires that, before January 1 of each year, the Comptroller of Public Accounts publish a list of the legal holidays for banking purposes for that year. Below is the Bank Holiday Schedule for 2017. Federal Reserve Banks and branches will not be open on the dates indicated below:

January 2, New Year's Day

January 16, Martin Luther King, Jr., Day

February 20, Presidents Day

May 29, Memorial Day

July 4, Independence Day

September 4, Labor Day

October 9, Columbus Day

November 11, Veterans Day*

November 23, Thanksgiving Day

December 25, Christmas Day

*For holidays falling on Saturday, Federal Reserve Banks and Branches will be open the preceding Friday. For holidays falling on Sunday, all Federal Reserve Banks and Branches will be closed the following Monday.

TRD-201606043

Jason Frizzell

Interim Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: November 22, 2016


Office of the Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 11/28/16 - 12/04/16 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 11/28/16 - 12/04/16 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 12/01/16 - 12/31/16 is 5.00% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 12/01/16 - 12/31/16 is 5.00% for commercial over $250,000.

1 Credit for personal, family or household use.

2 Credit for business, commercial, investment or other similar purpose.

TRD-201606040

Leslie Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: November 22, 2016


Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, 303.008, 303.009, 304.003, and 346.101, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 12/05/16 - 12/11/16 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 12/05/16 - 12/11/16 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005 and §303.0093 for the period of 11/01/16 - 11/30/16 is 18% or Consumer/Agricultural/Commercial credit through $250,000.

The monthly ceiling as prescribed by §303.005 and §303.009 for the period of 11/01/16 - 11/30/16 is 18% for Commercial over $250,000.

The standard quarterly rate as prescribed by §303.008 and §303.009 for the period of 01/01/17 - 03/31/17 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The standard quarterly rate as prescribed by §303.008 and §303.009 for the period of 01/01/17 - 03/31/17 is 18% for Commercial over $250,000.

The retail credit card quarterly rate as prescribed by §303.0091 for the period of 01/01/17 - 03/31/17 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The lender credit card quarterly rate as prescribed by §346.1011 for the period of 01/01/17 - 03/31/17 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The standard annual rate as prescribed by §303.008 and §303.0094 for the period of 01/01/17 - 03/31/17 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The standard annual rate as prescribed by §303.008 and §303.009 for the period of 01/01/17 - 03/31/17 is 18% for Commercial over $250,000.

The retail credit card annual rate as prescribed by §303.0091 for the period of 01/01/17 - 03/31/17 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 12/01/16 - 12/31/16 is 5.00% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed §304.003 for the period of 12/01/16 - 12/31/16 is 5.00% for Commercial over $250,000.

1 Credit for personal, family or household use.

2 Credit for business, commercial, investment or other similar purpose.

3 For variable rate commercial transactions only.

4 Only for open-end credit as defined in §301.002(14), Texas Finance Code.

TRD-201606085

Leslie Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: November 29, 2016


Credit Union Department

Application to Amend Articles of Incorporation

Notice is given that the following application has been filed with the Credit Union Department (Department) and is under consideration:

An application for a place of business change was received from Texans Credit Union, Richardson, Texas. The credit union is proposing to change its domicile to 777 E. Campbell Road, Richardson, Texas.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-201606078

Harold E. Feeney

Commissioner

Credit Union Department

Filed: November 29, 2016


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §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. TWC, §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 January 13, 2017. TWC, §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) 239-2545 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 January 13, 2017. 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, TWC, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.

(1) COMPANY: AGRA Properties, LLC dba Jimbos Food Mart; DOCKET NUMBER: 2016-1262-PST-E; IDENTIFIER: RN102398195; LOCATION: Kenedy, Karnes County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Sandra Douglas, (512) 239-2549; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: Akzo Nobel Chemicals LLC; DOCKET NUMBER: 2016-1118-AIR-E; IDENTIFIER: RN102177391; LOCATION: LaPorte, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), Texas Health and Safety Code (THSC), §382.085(b), New Source Review (NSR) Permit Number 33000, Special Conditions (SC) Number 2B, NSR Permit Number 7700, SC Number 5B, and Federal Operating Permit Number O3331, Special Terms and Conditions Number 13, by failing to maintain records to demonstrate continuous compliance of the flare; and 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain authorization to construct and operate a source of air emissions; PENALTY: $37,038; Supplemental Environmental Project offset amount of $14,815; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: Avenue UltraCon, Incorporated dba Avenue Drive In; DOCKET NUMBER: 2016-1152-PST-E; IDENTIFIER: RN100745595; LOCATION: Ennis, Ellis County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(b) and (c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month, and failing to provide release detection for the suction piping associated with the UST system; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Holly Kneisley, (817) 588-5856; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Buddies Kwik Stop, LLC dba Buchanan Dam Food Mart; DOCKET NUMBER: 2016-1542-PST-E; IDENTIFIER: RN102428802; LOCATION: Buchanan Dam, Llano County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $4,255; ENFORCEMENT COORDINATOR: Jonathan Nguyen, (512) 239-1661; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(5) COMPANY: City of Athens; DOCKET NUMBER: 2016-1396-PWS-E; IDENTIFIER: RN101215309; LOCATION: Athens, Henderson County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.060 milligrams per liter for haloacetic acids, based on a locational running annual average; PENALTY: $714; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(6) COMPANY: City of Lawn; DOCKET NUMBER: 2016-1187-PWS-E; IDENTIFIER: RN101406916; LOCATION: Lawn, Taylor County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.080 milligrams per liter for total trihalomethanes, based on the locational running annual average; 30 TAC §§290.272, 290.273, and 290.274(a), by failing to meet the adequacy, availability, and/or content requirements for the Consumer Confidence Report for the 2014 calendar year; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the executive director (ED ) regarding the failure to collect lead and copper tap samples for the January 1, 2014 - December 31, 2014, monitoring period; and 30 TAC §290.122(b)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to meet the inactivation requirements of the disinfection process used by the facility for a period longer than four consecutive hours on September 30, 2015; PENALTY: $550; ENFORCEMENT COORDINATOR: Katy Montgomery, (210) 403-4016; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(7) COMPANY: City of Three Rivers; DOCKET NUMBER: 2016-1174-MWD-E; IDENTIFIER: RN105482699; LOCATION: Three Rivers, Live Oak County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: TWC, §26.121(a)(1) and 30 TAC §305.65 and §305.125(2), by failing to maintain authorization for the discharge of wastewater into or adjacent to any water in the state; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(8) COMPANY: ConocoPhillips Company; DOCKET NUMBER: 2016-1588-AIR-E; IDENTIFIER: RN102414273; LOCATION: Forsan, Howard County; TYPE OF FACILITY: oil and gas tank battery; RULES VIOLATED: 30 TAC §122.143(4) and §122.145(2)(B) and (C), Federal Operating Permit Number O3599, General Operating Permit Number 514, Site-wide Requirements (b)(2), and Texas Health and Safety Code, §382.085(b), by failing to submit a semi-annual deviation report within 30 days after the end of the reporting period; PENALTY: $4,162; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 9900 West IH-20, Suite 100, Midland, Texas 79706, (432) 570-1359.

(9) COMPANY: Country Club Retirement Community L.P.; DOCKET NUMBER: 2016-0598-MWD-E; IDENTIFIER: RN105460646; LOCATION: Whitney, Hill County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0014871001, Interim Effluent Limitations and Monitoring Requirements Numbers 1 and 3, by failing to comply with permitted effluent limitations; PENALTY: $7,012; ENFORCEMENT COORDINATOR: Caleb Olson, (512) 239-2541; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(10) COMPANY: EAS Oil, LLC dba Stage Coach Stop; DOCKET NUMBER: 2016-0689-PWS-E; IDENTIFIER: RN101776540; LOCATION: Fredericksburg, Gillespie County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.41(c)(3)(N), by failing to provide a flow measuring device for each well to measure production yields and provide for the accumulation of water production data; 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the facility will use to comply with the monitoring requirements; 30 TAC §290.42(l), by failing to develop and maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.46(n)(1), by failing to maintain accurate and up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tank at the facility; 30 TAC §290.46(n)(2), by failing to provide an accurate and up-to-date map of the distribution system so that valves and mains can be located during emergencies; and 30 TAC §290.46(n)(3), by failing to maintain copies of well completion data such as well material setting data, geological log, sealing information (pressure cementing and surface protection), disinfection information, microbiological sample results, and a chemical analysis report of a representative sample of water from the well; PENALTY: $1,300; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(11) COMPANY: Flo-Mart, LLC; DOCKET NUMBER: 2016-1574-PST-E; IDENTIFIER: RN101674810; LOCATION: Hearne, Robertson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month, and failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $4,630; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(12) COMPANY: Georgetown Independent School District; DOCKET NUMBER: 2016-1645-EAQ-E; IDENTIFIER: RN109179424; LOCATION: Georgetown, Williamson County; TYPE OF FACILITY: educational campus; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer Protection Plan prior to commencing a regulated activity over the Edwards Aquifer Recharge Zone; PENALTY: $813; ENFORCEMENT COORDINATOR: Melissa Castro, (512) 239-0855; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(13) COMPANY: HIGHLAND LAKES, INCORPORATED dba Highland Lakes Chevron; DOCKET NUMBER: 2016-1347-PST-E; IDENTIFIER: RN101534220; LOCATION: Lewisville, Denton County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month; 30 TAC §334.605(a), by failing to ensure that a certified Class A and B Operator was re-trained within three years of their last training date; and 30 TAC §334.10(b), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $5,175; ENFORCEMENT COORDINATOR: James Baldwin, (512) 239-1337; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: INDEPENDENT OIL COMPANY dba Fuel Mart; DOCKET NUMBER: 2016-1319-PST-E; IDENTIFIER: RN101671709; LOCATION: Hillsboro, Hill County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the underground storage tanks (USTs); and 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; PENALTY: $8,659; ENFORCEMENT COORDINATOR: Jonathan Nguyen, (512) 239-1661; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(15) COMPANY: K.L. COMFORT PARK, Limited; DOCKET NUMBER: 2016-1525-PWS-E; IDENTIFIER: RN101223600; LOCATION: Temple, Bell County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.080 milligrams per liter for total trihalomethanes, based on the locational running annual average; PENALTY: $205; ENFORCEMENT COORDINATOR: Sarah Kim, (512) 239-4728; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(16) COMPANY: Maharaj Enterprise, LLC dba SA Randolph Express; DOCKET NUMBER: 2016-1334-PST-E; IDENTIFIER: RN104568753; LOCATION: Cibolo, Bexar County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Rebecca Boyett, (512) 239-2503; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(17) COMPANY: MUNSON POINT PROPERTY OWNERS ASSOCIATION; DOCKET NUMBER: 2016-0489-PWS-E; IDENTIFIER: RN103128161; LOCATION: Denison, Grayson County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(e)(2), (h) and (i)(3) and §290.122(c)(2)(A) and (f), and 40 Code of Federal Regulations (CFR) §141.87 and §141.90(a), by failing to conduct water quality parameter sampling at each of the facility's entry points and the required distribution sample site(s) for the two consecutive six-month periods (January 1, 2015 - June 30, 2015, and July 1, 2015 - December 31, 2015) following the July 1, 2014 - December 31, 2014, monitoring period during which the copper action level was exceeded, have the samples analyzed, and report the results to the executive director (ED), and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to conduct all of the required water quality parameter sampling during the January 1, 2015 - June 30, 2015, monitoring period; 30 TAC §290.117(d)(2)(A), (h) and (i)(2) and §290.122(c)(2)(A) and (f), and 40 CFR §141.88 and §141.90(b), by failing to collect one lead and copper sample from each of the facility's entry points no later than 180 days after the end of the July 1, 2014 - December 31, 2014, monitoring period during which the copper action level was exceeded, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect one lead and copper sample from each of the facility's entry points no later than 180 days after the end of the July 1, 2014 - December 31, 2014, monitoring period; 30 TAC §290.117(g)(2)(A) and §290.122(b)(2)(A) and (f), and 40 CFR §141.83 and §141.90(d)(1), by failing to submit a recommendation to the ED for source water treatment within 180 days after the end of the July 1, 2014 - December 31, 2014, monitoring period during which the copper action level was exceeded, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for source water treatment; 30 TAC §290.117(f)(3)(A) and §290.122(b)(2)(A) and (f), and 40 CFR §§141.81(e)(1), 141.82(a), and 141.90(c)(2), by failing to submit a recommendation to the ED for optimal corrosion control treatment within six months after the end of the July 1, 2014 - December 31, 2014, monitoring period during which the copper action level was exceeded, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for optimal corrosion control treatment; and 30 TAC §291.76 and TWC, §5.702, by failing to pay adequate regulatory assessment fees for the TCEQ Public Utility Account regarding Certificate of Convenience and Necessity Number 13016 for calendar years 2002, 2009, and 2010; PENALTY: $825; Supplemental Environmental Project offset amount of $330; ENFORCEMENT COORDINATOR: Michaelle Garza, (210) 403-4076; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(18) COMPANY: N AND D MEKHAIL ENTERPRISES, INCORPORATED ; DOCKET NUMBER: 2016-1230-PST-E; IDENTIFIER: RN102917937; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $4,500; ENFORCEMENT COORDINATOR: John Fennell, (512) 239-2616; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(19) COMPANY: R and W Convenience Stores, LLC; DOCKET NUMBER: 2016-1507-PST-E; IDENTIFIER: RN101894731; LOCATION: Texarkana, Bowie County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $3,688; ENFORCEMENT COORDINATOR: Tiffany Maurer, (512) 239-2696; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(20) COMPANY: ROCHELLE WATER SUPPLY CORPORATION; DOCKET NUMBER: 2016-1385-PWS-E; IDENTIFIER: RN101188290; LOCATION: Brady, McCulloch County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.108(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) of 15 picoCuries per liter for gross alpha particle activity, based on the running annual average; and 30 TAC §290.122(b)(3)(A) and (f), by failing to issue public notification and submit a copy of the public notification to the executive director regarding the failure to comply with the MCL for combined radium 226 and 228; PENALTY: $298; ENFORCEMENT COORDINATOR: James Fisher, (512) 239-2537; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(21) COMPANY: Royal Kirkwood Investments, Incorporated; DOCKET NUMBER: 2016-1107-PST-E; IDENTIFIER: RN101870947; LOCATION: Stafford, Fort Bend County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.74, by failing to investigate a suspected release of a regulated substance within 30 days of discovery; 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; and 30 TAC §334.50(d)(1)(B)(ii) and TWC, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records at least once each month, in a manner sufficiently accurate to detect a release which equals or exceeds the sum of 1.0% of the total substance flow-through for the month plus 130 gallons; PENALTY: $14,358; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(22) COMPANY: SAI SUMU INCORPORATED dba Andys Food Store; DOCKET NUMBER: 2016-1510-PST-E; IDENTIFIER: RN101632081; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide corrosion protection for the underground storage tank system; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Steven Van Landingham, (512) 239-5717; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(23) COMPANY: Tristream East Texas, LLC; DOCKET NUMBER: 2016-1528-AIR-E; IDENTIFIER: RN102176377; LOCATION: Eustace, Henderson County; TYPE OF FACILITY: gas processing plant; RULES VIOLATED: 30 TAC §101.10(e) and Texas Health and Safety Code, §382.085(b), by failing to submit an Annual Emissions Inventory Update for calendar year 2015; PENALTY: $4,013; ENFORCEMENT COORDINATOR: Shelby Orme, (512) 239-4575; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(24) COMPANY: Victor Beer and Wine LLC; DOCKET NUMBER: 2016-1383-PST-E; IDENTIFIER: RN102784642; LOCATION: Commerce, Hunt County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $2,438; ENFORCEMENT COORDINATOR: Katy Montgomery, (210) 403-4016; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(25) COMPANY: Western Refining Company, L.P.; DOCKET NUMBER: 2016-1364-AIR-E; IDENTIFIER: RN100213016; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: petroleum refining plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), Texas Health and Safety Code, §382.085(b), Federal Operating Permit Number O1348, Special Terms and Conditions Number 26, and New Source Review Permit Number 18897, Special Conditions Number 1, by failing to prevent unauthorized emissions; PENALTY: $5,775; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(26) COMPANY: Z and H Business Venture, Incorporated dba Circle A; DOCKET NUMBER: 2016-1342-PST-E; IDENTIFIER: RN101541829; LOCATION: Grand Prarie, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month; and 30 TAC §334.49(a)(4) and TWC, §26.3475(d), by failing to provide corrosion protection for the UST system; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Anthony Rios, (512) 239-2557; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-201606083

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: November 29, 2016


Enforcement Orders

An agreed order was adopted regarding LKQ Auto Parts of North Texas, L.P. d/b/a LKQ Auto Parts of Central Texas, Docket No. 2016-0151-MSW-E on November 29, 2016 assessing $3,750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jess Robinson, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding KAS INVESTMENTS, LTD. d/b/a CONVENIENCE PLUS, Docket No. 2016-0331-PST-E on November 29, 2016 assessing $5,325 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Eric Grady, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-201606101

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 30, 2016


Notice of Application and Public Hearing for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls Proposed Air Quality Registration Number 143385

APPLICATION. James Construction Group, L.L.C., 5880 West U.S. Highway 190, Belton, Texas 76513-8149 has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls Registration Number 143385 to authorize the operation of a concrete batch plant. The facility is proposed to be located at the following driving directions: from the intersection of Northwest HK Dodgen Loop and Pegasus Drive, travel approximately 0.25 mile north on Pegasus Drive and site is on the west side, Temple, Bell County, Texas 76501. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=31.143111&lng=-97.332192&zoom=13&type=r. This application was submitted to the TCEQ on October 7, 2016. The primary function of this plant is to manufacture concrete by mixing materials including (but not limited to) sand, aggregate, cement and water. The executive director has determined the application was technically complete on October 20, 2016.

PUBLIC COMMENT/PUBLIC HEARING. Public written comments about this application may be submitted at any time during the public comment period. The public comment period begins on the first date notice is published and extends to the close of the public hearing. Public comments may be submitted either in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087, or electronically at www.tceq.texas.gov/about/comments.html. If you choose to communicate with the TCEQ electronically, please be aware that your email address, like your physical mailing address, will become part of the agency's public record.

A public hearing has been scheduled that will consist of two parts, an informal discussion period and a formal comment period. During the informal discussion period, the public is encouraged to ask questions of the applicant and TCEQ staff concerning the application, but comments made during the informal period will not be considered by the executive director before reaching a decision on the permit, and no formal response will be made to the informal comments. During the formal comment period, members of the public may state their comments into the official record. Written comments about this application may also be submitted at any time during the hearing. The purpose of a public hearing is to provide the opportunity to submit written comments or an oral statement about the application. The public hearing is not an evidentiary proceeding.

The Public Hearing is to be held:

Thursday, January 5, 2017, at 6:00 p.m.

Trinity Jr. Ballroom, Hilton Garden Inn - Temple

1749 Scott Boulevard

Temple, Texas 76504

RESPONSE TO COMMENTS. A written response to all formal comments will be prepared by the executive director after the comment period closes. The response, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments and the response to comments will be posted in the permit file for viewing.

The executive director shall approve or deny the application not later than 35 days after the date of the public hearing, considering all comments received within the comment period, and base this decision on whether the application meets the requirements of the standard permit.

CENTRAL/REGIONAL OFFICE. The application will be available for viewing and copying at the TCEQ Central Office and the TCEQ Waco Regional Office, located at 6801 Sanger Ave, Suite 2500, Waco, Texas 76710-7826, during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, beginning the first day of publication of this notice.

INFORMATION. If you need more information about this permit application or the permitting process, please call the Public Education Program toll free at (800) 687-4040. Si desea información en español, puede llamar al (800) 687-4040.

Further information may also be obtained from James Construction Group, L.L.C., 5880 West U.S. Highway 190, Belton, Texas 76513-8149, or by calling Mr. David S. Knollhoff, Industrial Meteorologist, Westward Environmental, Inc. at (830) 249-8284.

Notice Issuance Date: November 18, 2016

TRD-201606060

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 23, 2016


Notice of Correction to Agreed Order Number 22

In the July 29, 2016, issue of the Texas Register (41 TexReg 5600), the Texas Commission on Environmental Quality published notice of Agreed Orders, specifically item Number 22 for Trinity River Authority of Texas. The reference to penalty should be corrected to read: PENALTY: "$6,000"

For questions concerning this error, please contact Michael Parrish at (512) 239-2548.

TRD-201606082

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: November 29, 2016


Notice of Correction to Shutdown/Default Order Number 1

In the November 18, 2016, issue of the Texas Register (41 TexReg 9182), the Texas Commission on Environmental Quality published notice of Shutdown/Default Order, specifically item Number 1 for ALI HEMANI CORPORATION dba 7-Eleven.

The reference to company should be corrected to read: COMPANY: ALI HEMANI CORPORATION dba 7-Eleven 39047.

For questions concerning this error, please contact Lena Roberts at (512) 239-0019.

TRD-201606079

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: November 29, 2016


Notice of Hearing Popek & Son

SOAH Docket No. 582-17-1123

TCEQ Docket No. 2015-1645-WR

Application No. 12496

APPLICATION.

Popek and Son, 2501 Marguerite Street, Bay City, Texas 77414, Applicant, seeks a Water Use Permit pursuant to Texas Water Code §§ 11.121 and 11.042 and Texas Commission on Environmental Quality Rules 30 Texas Administrative Code (TAC) §295.1, et seq.

Popek and Son has applied for a water use permit to use the bed and banks of an unnamed drainage ditch, tributary of Hardeman Slough, tributary of Caney Creek, Brazos-Colorado Coastal Basin, to convey 200 acre-feet of groundwater per year for subsequent diversion for agricultural purposes in Matagorda County.

Applicant seeks authorization to maintain an existing dam and reservoir on an unnamed drainage ditch, tributary of Hardeman Slough, tributary of Caney Creek, Brazos-Colorado Coastal Basin, for agricultural purposes, and to use the bed and banks of the reservoir to convey 200 acre-feet of groundwater for subsequent diversion for agricultural purposes to irrigate 60 acres out 123.08 acre tract in Matagorda County.

The reservoir has a capacity of 4.2 acre-feet and a surface area of 1.38 acres. A point on the centerline of the dam is N 36.1875°E, bearing N 70°E, 2,230 feet from the southwest corner of the I & G N RR Co. Original Survey No. 3, Lot 10, Abstract No. 252, in Matagorda County, Texas, also being at Latitude 29.065805°N, Longitude 95.942797°W. Applicant indicates the reservoir is located in zip code 77414.

The Applicant proposes to use groundwater from the Chicot Aquifer to maintain the reservoir at a constant elevation in order to pass inflows of state water.

Groundwater will be discharged into the on-channel reservoir. The Discharge Point is at Latitude 29.073903°N and Longitude 95.951802°W, bearing N 8°W, 3,465 feet from the southwest corner of the I & G N RR Co. Original Survey No. 3 approximately 5.91 miles northeast of Bay City, in Matagorda County, Texas. Applicant indicates the discharge point is located in zip code 77414.

The diversion point from the on-channel reservoir is located at Latitude 29.068542°N, Longitude 95.945918°W, bearing N 30°E, 2,081 feet from the southwest corner property marker of the I & G N RR Co. Original Survey No. 3, approximately 5.91 miles northeast of Bay City, in Matagorda County. Water will be diverted at a maximum rate of 1.3368 cfs (600 gpm).

Ownership of the lands to be inundated and irrigated is evidenced in a Warranty Deed with Vendor's Lien, Document No. 080671, as recorded in the Official Public Records of Matagorda County, Texas.

The application was received on September 3, 2009. Additional information and fees were received on November 24, December 4, December 15, 2009, February 18, 2010, and March 17, 2010. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on April 8, 2010.

The Executive Director has prepared a draft permit, which, if approved, would include special conditions including, but not limited to maintenance of an alternate source of water. The application, technical memoranda, and Executive Director's draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg. F, Austin, Texas 78711-3087.

CONTESTED CASE HEARING.

SOAH will conduct a preliminary hearing on this application at:

10:00 a.m. - January 9, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of a preliminary hearing is to establish jurisdiction, name the parties, establish a procedural schedule for the remainder of the proceeding, allow an opportunity for settlement discussions, and to address other matters as determined by the judge. The evidentiary hearing phase of the proceeding will be similar to a civil trial in state district court.

The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 11, Texas Water Code; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155.

The applicant is automatically a party in this hearing. If anyone else wishes to be a party to the hearing, he or she must attend the hearing and show how he or she would be adversely affected by the application in a way not common to members of the general public. Any person may attend the hearing and any person may request to be a party. Only persons named as parties may participate at the hearing.

INFORMATION.

If you need more information about the hearing process for this application, please call the Public Education Program, toll free, at (800) 687-4040. General information about the TCEQ can be found at http://www.tceq.texas.gov/.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week prior to the hearing.

TRD-201606061

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 23, 2016


Notice of Meeting on January 12, 2017, in Pearland, Brazoria County, Texas Concerning the Camtraco Enterprises, Inc. Proposed State Superfund Site

The purpose of the meeting is to obtain additional information regarding the facility and the identification of additional potentially responsible parties as well as public input concerning the proposed remedy for the site.

The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this public notice of a proposed selection of remedy for the Camtraco Enterprises, Inc. proposed state Superfund site (the Site). In accordance with 30 Texas Administrative Code §335.349(a) concerning requirements for the remedial activities, and Texas Health and Safety Code, §361.187, concerning proposed remedial action, a public meeting regarding the commission's selection of a proposed remedy for the Site will be held. The statute requires that the commission publish notice of the meeting in the Texas Register and in a newspaper of general circulation in the county in which the facility is located at least 30 days before the date of the public meeting. This notice was also published in the Pearland Reporter News on December 7, 2016.

The public meeting is scheduled to be held on January 12, 2017, at 7:00 p.m., at the Pearland Junior High South cafeteria, located at 4719 Bailey Road, Pearland, Texas. The public meeting is not a contested case hearing under the Texas Government Code, Chapter 2001.

The Site was proposed for listing on the Texas Superfund Registry in the February 6, 2009, issue of the Texas Register (34 TexReg 873). The Site, including all land, structures, appurtenances, and other improvements, is located at 18823 Amoco Drive, Pearland, Brazoria County, Texas. The Site consists of approximately 3.5 acres of vacant land and is bounded on all sides by a seven-foot security fence.

The Site was utilized as a fuel storage, blending, and distillation facility from approximately 1978 until 1992. The Site has been inactive since 1992.

Before Camtraco Enterprises, Inc. purchased the Site in 1989, environmental releases were documented at the Site by the TCEQ. During 1988 and 1989, the TCEQ conducted numerous investigations of odor releases, chemical spills, and buried drums. Soil samples collected by the TCEQ in 1988 detected several chemicals of concern, including chlorinated compounds. From 1988 to 2005, the TCEQ and Office of Attorney General pursued enforcement and judgement proceedings against the Site owners to remediate the site. However, these efforts were unsuccessful and the enforcement case was closed.

In 2005, the TCEQ performed a removal action at the Site that consisted of securing the site with fencing, removal and disposal of storage tanks and process equipment, and excavation and disposal of 50 buried drums and 3,212 cubic-yards of non-hazardous waste. Remedial investigation and feasibility study activities were conducted from 2011 through 2016, to investigate the remaining contamination at the Site.

A Detailed Analysis Technical Memorandum/Feasibility Study (FS), dated August 2016, screened and evaluated remedial alternatives which could be used to remediate the soil and groundwater at the site. The FS developed four alternatives for remediation of soil and groundwater according to the Texas Risk Reduction Program rules and regulations. The TCEQ prepared the Proposed Remedial Action Document (PRAD) in November 2016. The PRAD presents the proposed remedy and describes the evaluation process that was used to choose the proposed remedy. The TCEQ proposed remedy is as follows:

Proposed Soil Remedial Action: Excavation of on-site surface soil that poses an unacceptable risk to commercial/industrial workers and excavation of subsurface soil to a maximum depth of 15 feet that may continue to act as a source to groundwater contamination. The excavated soil would then be disposed of at an appropriate off-site disposal facility.

Proposed Groundwater Remedial Action: Implementation of an on-site Plume Management Zone (PMZ) established by institutional controls with monitored natural attenuation. The institutional controls would remain in place until it is demonstrated that concentrations of contaminants in groundwater no longer posed an unacceptable risk to potential receptors. The proposed implementation of a PMZ would include the collection and analysis of groundwater samples to confirm that the groundwater plume remains stable and does not expand beyond the boundaries of the PMZ.

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., on January 11, 2017 and should be sent in writing to Lam Tran, P.E., Project Manager, TCEQ, Remediation Division, MC 143, P.O. Box 13087, Austin, Texas 78711-3087, or facsimile at (512) 239-2450. The public comment period for this action will end at the close of the public meeting on January 12, 2017.

A portion of the record for the Site, including documents pertinent to the proposed remedy is available for review during regular business hours at the Pearland Library, located at 3522 Liberty Drive, Pearland, Texas 77581. Copies of the complete public record file may be obtained during business hours at the commission's Central File Room, Building E, First Floor, Room 103, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2900. Photocopying of file information is subject to payment of a fee. Parking for persons with disabilities is available on the east side of Building D, convenient to access ramps that are between Buildings D and E. Information is also available regarding the state Superfund program at https://www.tceq.texas.gov/remediation/superfund/state/camtraco.html.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363 or (512) 239-5906. Requests should be made as far in advance as possible.

For further information about the Site or the public meeting, please call Crystal Taylor, TCEQ Community Relations Liaison, at (800) 633-9363.

TRD-201606081

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: November 29, 2016


Notice of Water Quality Application

The following notice was issued on November 16, 2016.

The following does not require publication in a newspaper. Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin Texas 78711-3087 WITHIN 10 DAYS OF THE ISSUED DATE OF THE NOTICE.

INFORMATION SECTION

SENNA HILLS MUNICIPAL UTILITY DISTRICT and SENNA HILLS, LTD. has applied for a minor amendment to the TCEQ permit to authorize a new phase (Interim II) for the disposal of treated domestic wastewater at a daily average flow not to exceed 0.100 million gallons per day via surface irrigation of 39.59 acres of public access land. The existing permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 0.157 MGD via surface irrigation of 70.3 acres of public access land. This permit will not authorize a discharge of pollutants into water in the state. The wastewater treatment facility and disposal site are located at 10500 Farm-to-Market Road 2244, approximately 700 feet north of Farm-to-Market Road 2244 and approximately two miles east of the intersection of Farm-to-Market Road 2244 and State Highway 71, in Travis County, Texas 78733.

TRD-201606097

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 30, 2016


Office of the Governor

Notice of Available Funding Opportunities

Office of the Governor, Criminal Justice Division (CJD)

The Criminal Justice Division (CJD) is announcing the following funding opportunities for Fiscal year 2017. Please access CJD's egrants system at https:egrants.gov.texas.gov to view the funding announcements and application due dates for all available grant programs:

• Edward Byrne Memorial Justice Assistance Grant Program (JAG)

• General Victim Assistance Direct Services Program (VOCA)

• Violence Against Women Justice and Training Program (VAWA)

• Juvenile Justice Local Grant Program

• Juvenile Justice Statewide Grant Program

• Truancy Prevention Program

• Coverdell Forensic Sciences Improvement Program

• Residential Substance Abuse Treatment Program (RSAT)

• Body-Worn Camera Grant Program

• Child Sex Trafficking Grant Program

• Texas Crime Stoppers Assistance Funds

• Texas Anti-Gang (TAG) Program

• Specialty Courts Programs

• National Incident-Based Reporting System (NIBRS)

• County Essential Services Grant Program

TRD-201606032

Camille Cain

Executive Director, Criminal Justice Division

Office of the Governor

Filed: November 21, 2016


Texas Health and Human Services Commission

Public Notice - Procurement Notification

I. Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the release of its Request for Proposals for consulting services to assist HHSC in the development, implementation and continuation of Medicaid projects and related health care initiatives, including: the Texas Healthcare Transformation and Quality Improvement Program 1115 waiver (1115 waiver), the Quality Incentive Payment Program (QIPP), the Network Access Improvement Program (NAIP), and other related Medicaid health care initiatives (RFP #529-17-0020).

II. The RFP is located in full on the Electronic State Business Daily (ESBD) website http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=129587.

III. The successful contractor will be expected to assist HHS agencies in the development, implementation and continuation of Medicaid projects and related health care initiatives.

IV. Health and Human Services Commission's Sole Point-Of-Contact for this Procurement is:

Mahsa Azadi, CTPM

Procurement Project Manager

Health and Human Services Commission

1100 West 49th Street

Austin, Texas 78756

(512) 406-2410

Mahsa.Azadi@hhsc.state.tx.us

V. All questions regarding the RFP must be sent in writing to the above-referenced contact by 5:00 p.m., Central Time on December 8, 2016. HHSC will post all written questions received with HHSC's responses on the ESBD on December 15, 2016, or as they become available. All proposals must be received at the above-referenced address on or before 2:00 p.m., Central Time on December 28, 2016. Proposals received after this time and date will not be considered.

VI. All proposals will be subject to evaluation based on the criteria and procedures set forth in the RFP. HHSC reserves the right to accept or reject any or all proposals submitted. HHSC is under no legal or other obligation to execute any contracts on the basis of this notice. HHSC will not pay for costs incurred by any entity in responding to this RFP.

TRD-201606076

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: November 28, 2016


Texas Department of Insurance

Company Licensing

Application for admission to the state of Texas for EVEREST PREMIER INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Wilmington, Delaware.

Application for admission to the state of Texas for EVEREST DENALI INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Wilmington, Delaware.

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 Jeff Hunt, 333 Guadalupe Street, MC 305-2C, Austin, Texas 78701.

TRD-201606063

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: November 23, 2016


Company Licensing

Application to do business in the state of Texas by ESSENCE HEALTHCARE, INC. under the assumed name ESSENCE INSURANCE, a foreign Health Maintenance Organization. The home office is in Maryland Heights, Missouri.

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 Jeff Hunt, 333 Guadalupe Street, MC 305-2C, Austin, Texas 78701.

TRD-201606102

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: November 30, 2016


Notice of Public Hearing

Texas Workers' Compensation Revised Classification Relativities

The commissioner of insurance will hold a public hearing to consider revised Texas workers' compensation classification relativities to replace those adopted under Commissioner's Order No. 4337, dated March 3, 2016. The hearing will begin at 9:30 a.m., Central time, December 16, 2016, in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas. The notice of hearing and exhibit are on the TDI website at www.tdi.texas.gov/alert/event/index.html.

Docket No. 2794: Revised Workers' Compensation Classification Relativities

Subject and Scope

Staff proposes that the commissioner adopt revised classification relativities to replace those adopted under Commissioner's Order No. 4337, dated March 3, 2016. Exhibit A is a schedule of the revised classification relativities. Staff requests that the proposed revised classification relativities be available for adoption by insurers immediately, but that their use be mandatory for all policies with effective dates on or after July 1, 2017, unless the insurer files an alternative classification rate basis.

Staff recommends reducing the overall level of relativities by 10 percent. In developing the relativities, staff has incorporated recent changes in the classification system from two NCCI filings (Item B-1431 and Item 01-TX-2016).

Applicable Authority, Jurisdiction, Statutes, and Rules

The commissioner has jurisdiction over this hearing under Insurance Code §2053.051. Section 2053.051 requires TDI to determine hazards by class and establish classification relativities applicable to the payroll in each classification for workers' compensation insurance. It also provides that the classification system must be revised at least once every five years.

Comments and Exhibits

To comment on the matter being considered, you may submit written comments and exhibits at or before the public hearing, or you may present oral comments at the hearing. Please include the applicable docket number on any comments or exhibits. Submit two copies of any written comments no later than 5 p.m., Central time, on January 9, 2017. Send one copy by mail to the Office of the Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104; or by email to chiefclerk@tdi.texas.gov. Send the other copy by mail to J'ne Byckovski, Chief Actuary, Property and Casualty Actuarial Office, Mail Code 105-5F, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104; or by email to jne.byckovski@tdi.texas.gov.

Deadlines Subject to Change

The commissioner may change any of the deadlines in this notice, subject to the applicable statutes and rules.

Exhibit A (.pdf)

TRD-201606064

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: November 23, 2016


Texas Lottery Commission

Scratch Ticket Game Number 1826 "$500 Frenzy"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1826 is "$500 FRENZY". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 1826 shall be $5.00 per Ticket.

1.2 Definitions in Scratch Ticket Game No. 1826.

A. Display Printing - That area of the Scratch 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 and the back of the Scratch Ticket.

C. Play Symbol - The printed data under the latex on the front and back of the Scratch Ticket are 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 black Play Symbols are: 01, 02, 03, 04, 06, 07, 08, 09, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 36, 37, 38, 39, 40, 5X SYMBOL, STAR SYMBOL, $5.00, $10.00, $15.00, $20.00, $25.00, $40.00, $50.00, $100 and $500.

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. 1826 - 1.2D (.pdf)

E. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

F. 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 Scratch Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.

G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1826), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 1826-0000001-001.

H. Pack - A Pack of the "$500 FRENZY" Scratch Ticket Game contains 075 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The Packs will alternate. One will show the front of Ticket 001 and back of 075 while the other fold will show the back of Ticket 001 and front of 075.

I. Non-Winning Scratch Ticket - A Scratch Ticket which is not programmed to be a winning Scratch Ticket or a Scratch 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.

J. Scratch Game Ticket, Scratch Ticket or Ticket - Texas Lottery "$500 FRENZY" Scratch Ticket Game No. 1826.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on each Scratch Ticket. A prize winner in the "$500 FRENZY" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the PRIZE for that number. If a player reveals a "5X" Play Symbol, the player wins 5 TIMES the PRIZE for that symbol. If a player reveals a "STAR" Play Symbol, the player wins $500 instantly! No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

A. To be a valid Scratch Ticket, all of the following requirements must be met:

1. Exactly 45 (forty-five) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch 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 Scratch Ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Scratch 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 Scratch Ticket;

8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The Scratch Ticket must not be counterfeit in whole or in part;

10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner;

11. The Scratch Ticket must not have been stolen, nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Scratch Ticket Number must be right side up and not reversed in any manner;

13. The Scratch Ticket must be complete and not miscut, and have exactly 45 (forty-five) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Scratch Ticket Number on the Scratch Ticket;

14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously;

15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 45 (forty-five) Play Symbols on the Scratch Ticket must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 45 (fifty-five) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch 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-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines.

B. The Scratch 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 Scratch 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 Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. GENERAL: Consecutive Non-Winning Tickets in a Pack will not have matching play data, spot for spot.

B. GENERAL: The top Prize Symbol will appear on every Ticket unless restricted by other parameters, play action or prize structure.

C. KEY NUMBER MATCH: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 10 and $10).

D. KEY NUMBER MATCH: No matching non-winning YOUR NUMBERS Play Symbols on a Ticket.

E. KEY NUMBER MATCH: No matching WINNING NUMBERS Play Symbols on a Ticket.

F. KEY NUMBER MATCH: A non-winning Prize Symbol will never be the same as a winning Prize Symbol.

G. KEY NUMBER MATCH: A Ticket may have up to four (4) matching non-winning Prize Symbols unless restricted by other parameters, play action or prize structure.

H. KEY NUMBER MATCH: The "5X" (WINX5) Play Symbol will only appear on intended winning Tickets as dictated by the prize structure.

I. KEY NUMBER MATCH: The "STAR" (WIN$500) Play Symbol will only appear on intended winning Tickets as dictated by the prize structure and will only appear with the $500 Prize Symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "$500 FRENZY" Scratch Ticket Game prize of $5.00, $10.00, $20.00, $25.00, $50.00, $100 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch 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 Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $25.00, $50.00, $100 or $500 Scratch Ticket Game. 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. As an alternative method of claiming a "$500 FRENZY" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. 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. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct:

1. A sufficient amount from the winnings of a prize winner who has been finally determined to be:

a. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055;

b. in default on a loan made under Chapter 52, Education Code; or

c. in default on a loan guaranteed under Chapter 57, Education Code; and

2. delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231, Family Code.

D. 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 Scratch 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 under $600 from the "$500 FRENZY" Scratch Ticket 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 $600 or more from the "$500 FRENZY" Scratch Ticket 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 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Scratch Ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Scratch Tickets ordered. The number of actual prizes available in a game may vary based on number of Scratch Tickets manufactured, testing, distribution, sales and number of prizes claimed. A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed.

3.0 Scratch Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch 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 Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch 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 Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.

4.0 Number and Value of Scratch Prizes. There will be approximately 8,040,000 Scratch Tickets in Scratch Ticket Game No. 1826. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1826 - 4.0 (.pdf)

A. The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 1826 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Instant Game Rules. See 16 TAC §401.302(j).

6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 1826, 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-201606100

Bob Biard

General Counsel

Texas Lottery Commission

Filed: November 30, 2016


Public Utility Commission of Texas

Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority

The Public Utility Commission of Texas received an application on November 18, 2016, to amend a state-issued certificate of franchise authority, pursuant to Public Utility Regulatory Act §§66.001 - 66.016.

Project Title and Number: Application of TDS Broadband Service LLC for Amendment to its State-Issued Certificate of Franchise Authority, Project Number 46595.

The requested amendment is to expand the service area footprint to include the municipal boundaries of the City of Alpine, Texas. In addition, applicant seeks to provide service under a new name: TDS Broadband Service LLC d/b/a TDS.

Information on the application may be obtained by contacting 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 (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All inquiries should reference Project Number 46595.

TRD-201606037

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 21, 2016


Notice of Application for a Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on November 16, 2016, for a service provider certificate of operating authority, pursuant to the Public Utility Regulatory Act. Applicant intends to provide facilities-based, data and resale telecommunications services in the service areas of all incumbent local exchange carriers within the State of Texas.

Docket Title and Number: Application of Synergem Technologies, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 46578.

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 (888) 782-8477 no later than December 29, 2016. Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 46578.

TRD-201606044

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 22, 2016


Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of an application filed with the Public Utility Commission of Texas (Commission) on November 17, 2016, pursuant to the Public Utility Regulatory Act, Texas Util. Code Ann. §39.158.

Docket Style and Number: Application of Capital One, N.A. Pursuant to Section 39.158 of the Public Utility Regulatory Act, Docket Number 46589.

The Application: On November 17, 2016, Capital One, N.A. filed an application for approval of the purchase of passive equity interests (Class A) in Mariah del Norte LLC from HSBC USA Inc. After the proposed transaction, the combined direct and indirect ownership of Mariah together with its affiliates, Cap One with its affiliates, and the other Class A interest holders will equal approximately 1435.1 MW, approximately 1.6% of the total generation capacity in the Electric Reliability Council of Texas.

Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be mailed to by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 46589.

TRD-201606045

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 22, 2016


Notice of Application to Amend a Service Provider Certificate of Operating Authority

On November 17, 2016, Neutral Tandem-Texas, LLC and Onvoy, LLC filed an application with the Public Utility Commission of Texas (commission) to amend service provider certificate of operating authority number 60707, reflecting a change in ownership/control.

Docket Style and Number: Application of Neutral Tandem-Texas, LLC and Onvoy, LLC for Amendment to a Service Provider Certificate of Operating Authority, Docket Number 46587.

Persons wishing to comment on the action sought should contact the commission 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 December 16, 2016. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 46587.

TRD-201606065

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 23, 2016


Notice of Application to Amend a Service Provider Certificate of Operating Authority

On November 21, 2016, Crown Castle Operating Company and NextEra FiberNet, LLC dba FPL FiberNet filed an application with the Public Utility Commission of Texas (commission) to amend service provider certificate of operating authority number 60870, reflecting a change in ownership/control.

Docket Style and Number: Application of Crown Castle Operating Company and NextEra FiberNet, LLC dba FPL FiberNet for Amendment to a Service Provider Certificate of Operating Authority, Docket Number 46601.

Persons wishing to comment on the action sought should contact the commission 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 December 16, 2016. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 46601.

TRD-201606066

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 23, 2016


Teacher Retirement System of Texas

Notice of Contract Award

The Teacher Retirement System of Texas has awarded K201700110 to Focus Consulting Group, 721 Hinman Ave Apt 2E, Evanston, IL 60202-2585, for executive coaching providing individual targeted development to executive staff addressing key management skills, practical application of key strengths, and assessments through measurements of behavioral and skill development affirmation. Focus Consulting will provide individualized development plans, will facilitate meetings and sessions to assess progress, and will provide an annual executive assessment each year of the contract. Monthly performance reports are to be submitted by the 15th of each month detailing work performed during the previous month. The total amount of the contract is $324,000. The term of the contract is November 7, 2016 through August 31, 2018.

TRD-201606059

Brian Guthrie

Executive Director

Teacher Retirement System of Texas

Filed: November 22, 2016


Notice of Informal Conference on Chapter 53 Rulemaking

Pursuant to Texas Government Code §2001.031, the Teacher Retirement System of Texas (TRS) intends to hold an informal conference to obtain the opinions and advice of interested persons about contemplated rulemaking related to Title 34, Part 3, Chapter 53 of the Texas Administrative Code.

Chapter 53 concerns certification by companies who offer voluntary 403(b) investment options through salary reduction agreements between public school employees and their local employers pursuant to Article 6228a-5 of Vernon's Civil Statutes entitled "Annuities or Investments for Certain Public Employees; Salary Reductions" ("Art. 6228a-5"). This rulemaking is authorized pursuant to §2001.039 of the Texas Government Code, which concerns the review of existing rules.

The informal conference will be held in Austin on December 12, 2016, at 10:00 a.m., in Room E345 at TRS' headquarters located at 1000 Red River Street. Persons who have special communication or other accommodation needs who are planning to attend the conference should contact Marina Salazar at TRS at (512) 542-6423. Requests should be made as far in advance as possible.

Written comments pertaining to the contemplated rulemaking may be provided at the informal conference or by mail to the Teacher Retirement System of Texas, Attn: 403(b) Program Administrator, 1000 Red River Street, Austin, Texas 78701. Electronic comments may be submitted to 403b@trs.texas.gov. The comment period closes January 13, 2017.

Please note, the purpose of the informal conference is not for TRS staff to discuss or receive individual complaints or grievances regarding individual 403(b) vendors or products. At the informal conference, public comment or input about individual 403(b) vendors or products is generally not allowed. For information on making a complaint regarding a 403(b) product or vendor, please see the TRS web site at https://www.trs.texas.gov/Pages/403b_consumer_concerns.aspx. Consideration of these few limitations is appreciated.

The informal conference is structured for the receipt of oral or written comments to the staff of TRS and not the Board of Trustees. Specifically, TRS staff is interested in the opinions and advice of interested persons on potential improvements to the current 403(b) program, including but not limited to the following issues:

1. Under Section 5(b)(2) of Art. 6228a-5, TRS has rulemaking authority to adopt maximum fees, costs, and penalties that 403(b) certified companies may assess for annuity products. Additionally, TRS has rulemaking authority under Section 8(a) of Art. 6228a-5 to adopt rules for certification of companies selling non-annuity products, which includes rules regarding administrative costs to employees. Consistent with this rulemaking authority, TRS has adopted maximum fees, costs, and penalties in TRS Rule Section 53.3.

Are the maximum fees, costs, and penalties adopted by TRS in TRS Rule Section 53.3 appropriate and competitive in light of both the current 403(b) market and the fees, costs, and penalties charged for other defined contribution products?

Should TRS adopt rules requiring companies to institute and follow a process to ensure that fees, costs, and penalties in aggregate, do not exceed the cap set by the Board of Trustees in TRS Rule 53.3?

2. Under Section 6(c) of Art. 6228a-5, TRS has rulemaking authority to administer Section 5 of Art. 6228a-5. Subsection (f) of Section 5 of Art. 6228a-5 provides that to the greatest degree possible, employers of employees who participate in a 403(b) program shall require that contributions to eligible qualified investments be made by automatic payroll deduction and deposited directly in the investment accounts.

Currently, the TRS rules do not address or require specific routing of contributions made by salary reduction agreement. Should the TRS rules be expanded to address the routing of such contributions?

3. TRS is authorized under Sections 6(c) and 12 of Art. 6228a-5 to adopt rules requiring companies to affirm and demonstrate annually to TRS that each of its representatives are properly licensed and qualified, by training and continuing education, to sell and service the company's eligible qualified investments. Accordingly, TRS Rule Section 53.6(c) requires companies to annually affirm and demonstrate that its employees are properly licensed and qualified.

Should the annual demonstration include a requirement that companies submit records to TRS verifying the representatives' licensed status and the number of continuing education or training hours completed?

4. TRS has rulemaking authority under Section 8(a) of Art. 6228a-5 to adopt financial requirements for companies seeking certification to sell non-annuity products. TRS has adopted financial requirements for non-annuity companies in TRS Rule Section 53.5.

Are the financial requirements for non-annuity companies adopted in TRS Rule Section 53.5 sufficient and appropriate?

5. The 403(b) market in Texas has evolved since 2001 when Art. 6228a-5 was adopted. The statute, and its subsequent amendments, expressly mention certified companies, agents, brokers, custodians, platform companies, and third-party administrators. Other parties such as record keepers, broker dealers, and wholesalers- are not expressly mentioned in the statute but provide services in the 403(b) market or to 403(b) vendors.

To what extent, if any, should the current rules or forms be amended to recognize and address the role of other parties, such as record keepers, broker dealers, and wholesalers in the 403(b) market?

6. TRS has rulemaking authority over the suspension or revocation of a company certification or product registration under Sections 6 and 13 of Art. 6228a-5. Currently, TRS Rule Section 53.19 governs the suspension or revocation of company certification or product registration.

Are TRS' current rules governing suspension and revocation in TRS Rule Section 53.19 sufficient and appropriate?

TRD-201606104

Brian Guthrie

Executive Director

Teacher Retirement System of Texas

Filed: November 30, 2016


Report of Fiscal Transactions, Accumulated Cash and Securities, and Rate of Return on Assets and Actuary's Certification of Actuarial Valuation and Actuarial Present Value of Future Benefits

Section 825.108(a) of the Government Code requires the Teacher Retirement System of Texas (TRS) to publish a report in the Texas Register no later than December 15 of each year containing the following information: (1) the retirement system's fiscal transactions for the preceding fiscal year; (2) the amount of the system's accumulated cash and securities; and (3) the rate of return on the investment of the system's cash and securities during the preceding fiscal year.

In addition, §825.108(b) of the Government Code requires TRS to publish a report in the Texas Register no later than March 1 of each year containing the balance sheet of the retirement system as of August 31 of the preceding fiscal year and containing an actuarial valuation of the system's assets and liabilities, including the extent to which the system's liabilities are unfunded.

TRS has published the current reports in the on-line version of this issue as required by §825.108(a) and (b) of the Government Code.

Report (.pdf)

These reports include the actuarial valuation of the Texas Public School Retired Employees Group Benefits Program (TRS-Care) dated August 31, 2016. This actuarial valuation was prepared for the purposes of complying with the requirements of Statements 43 and 45 of the Governmental Accounting Standards Board (GASB) and chapter 2266 of the Government Code, including Subchapter C of that chapter relating to Other PostemploymentBenefits.

TRD-201606084

Brian Guthrie

Executive Director

Teacher Retirement System of Texas

Filed: November 29, 2016


Texas Department of Transportation

Public Notice

Advertising in Texas Department of Transportation Travel Literature and Texas Highways magazine, both in print and in digital or online assets. The Texas Department of Transportation is authorized by Texas Transportation Code, Chapter 204 to publish literature for the purpose of advertising the highways of this state and attracting traffic thereto, and to include paid advertising in such literature. Title 43, Texas Administrative Code, §§23.15 - 23.18 describe the policies governing advertising in department travel literature and Texas Highways magazine, both in print and in digital or online, list acceptable and unacceptable subjects for advertising in department travel literature and the magazine, and describe the procedures by which the department will solicit advertising.

As required by 43 TAC §23.17, the department invites any entity or individual interested in advertising in department travel literature and Texas Highways magazine to request to be added to the department's contact list. Written requests may be mailed to the Texas Department of Transportation, Travel Information Division, Travel Publications Section, P.O. Box 141009, Austin, Texas, 78714-1009. Requests may also be made by telephone to (512) 486-5880 or sent by fax to (512) 486-5879.

The department is now accepting advertising for the 2018 edition of the Texas State Travel Guide, scheduled to be printed and available in January 2018. The Texas State Travel Guide is designed to encourage readers to explore and travel to and within the State of Texas. The guide lists cities and towns, featuring population figures and recreational travel sites for each, along with maps and 4-color photography. The guide may also include sections listing Texas lakes, state parks, state and national forests, along with hunting and fishing information. The State of Texas distributes this vacation guide to travelers in Texas and to those who request information while planning to travel in Texas.

Media kits are available on the texashighways.com website. All Texas State Travel Guide insertion orders, including premium space will be accepted on a first-come first-served basis. Insertion orders for an inside front cover spread and inside back cover spread will take precedence over an inside front cover and inside back cover insertion order. In most cases, larger ads will be positioned ahead of smaller ads.

The department is now accepting advertising for the 2018 edition of the Texas Official Travel Map scheduled to be printed and available in January 2018. The State of Texas distributes this map to travelers in Texas and to those who request information while planning to travel in Texas.

The department continues to accept advertising for all quarterly issues of the Texas Highways Events Calendar, beginning with the Summer 2017 calendar. The Texas Highways Events Calendar is published quarterly, corresponding with the seasons, to provide information about events happening in Texas throughout the year. The Texas Highways Events Calendar includes festivals, art exhibits, rodeos, indoor and outdoor music and theatre productions, concerts, nature tours, and more, depending on the season. The State of Texas distributes this quarterly calendar to travelers in Texas and to those who request information on events happening around the state.

The Summer 2017 calendar lists events scheduled for June 2017, July 2017, and August 2017. The Fall 2017 calendar lists events scheduled for September 2017, October 2017, and November 2017. The Winter 2017-2018 calendar lists events scheduled for December 2017, January 2018, and February 2018. The Spring 2018 calendar lists events scheduled for March 2018, April 2018, and May 2018.

The advertising due dates for the Texas Highways Events Calendar vary depending on the issue involved. The publication deadline for accepting advertising space in the Texas Highways Events Calendar is the second Wednesday of the fourth month preceding the issue date. The deadline for accepting materials for the Texas Highways Events Calendar is two weeks after space closing. When material or space closing dates fall on a Saturday, Sunday or holiday, space and/or materials are due the preceding workday.

The department is now accepting advertising for all monthly 2017 issues of Texas Highways magazine. Texas Highways magazine is a monthly publication designed to encourage recreational travel within the state and to tell the Texas story to readers around the world. Accordingly, the content of the magazine is focused on Texas vacation, recreational, travel, or tourism related subjects, shopping opportunities in Texas and for Texas related products, various outdoor events, sites, facilities, and services in the state, transportation modes and facilities in the state, and other sites, products, facilities, and services that are travel related or Texas-based, and that are determined by the department to be of cultural, educational, historical, or of recreational interest to Texas Highways readers.

The publication deadline for accepting advertising space in Texas Highways magazine is the 27th of the third month preceding the issue date. The deadline for accepting materials for Texas Highways magazine is seven days after space closing. When material or space closing dates fall on a Saturday, Sunday or holiday, space and/or materials are due the preceding workday.

The rate card information for potential advertisers in the Texas State Travel Guide, the Texas Highways Events Calendar, Texas Highways magazine, the Texas Official Travel Map and related digital assets are included in this notice. Digital assets may include TexasHighways.com and Texas Highways Extra eNewsletter.

Rate Cards (.pdf)

TRD-201606089

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: November 29, 2016