IN ADDITION

Office of Consumer Credit Commissioner

Correction of Error

The Office of Consumer Credit Commissioner proposed amendments to 7 TAC §90.203 in the November 3, 2017, issue of the Texas Register (42 TexReg 6082). Due to an error by the Texas Register, the figures in the proposed amendments were not included in the issue. The following six figures should have been published in the Tables and Graphics section of the November 3 issue:

Figure: 7 TAC §90.203(b)(7)(A)(i) (.pdf)

Figure: 7 TAC §90.203(b)(7)(A)(ii) (.pdf)

Figure: 7 TAC §90.203(b)(7)(C)(i) (.pdf)

Figure: 7 TAC §90.203(b)(7)(C)(ii) (.pdf)

Figure: 7 TAC §90.203(b)(7)(E)(i) (.pdf)

Figure: 7 TAC §90.203(b)(7)(E)(ii) (.pdf)

TRD-201704488


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 and 303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 11/13/17 - 11/19/17 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 11/13/17 - 11/19/17 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005 and 303.0093 for the period of 11/01/17 - 11/30/17 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 11/01/17 - 11/30/17 is 18% 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.

TRD-201704496

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: November 7, 2017


State Board for Educator Certification

Correction of Error

The Texas Education Agency, on behalf of the State Board for Educator Certification, proposed new 19 TAC Chapter 235, Subchapter B, in the November 3, 2017, issue of the Texas Register (42 TexReg 6084).

Due to error by the Texas Education Agency, the phrase "Early Childhood-Grade 3" should read, "Early Childhood: Prekindergarten-Grade 3." This phrase should be corrected in the Division 1 title, in the section title for 19 TAC §235.11, in the first paragraph of subsections (a) - (g) of 19 TAC §235.11, and in the section title of 19 TAC §235.19.

TRD-201704489


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 December 20, 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 December 20, 2017. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's 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: Apple Incorporated; DOCKET NUMBER: 2016-1979-EAQ-E; IDENTIFIERS: RN102768132 and RN102141397; LOCATION: Austin, Travis County; TYPE OF FACILITY: commercial properties; 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: $2,063; ENFORCEMENT COORDINATOR: Steven Van Landingham, (512) 239-5717; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(2) COMPANY: Billy D. Barnett; DOCKET NUMBER: 2017-0707-WOC-E; IDENTIFIER: RN104256359; LOCATION: Joaquin, Shelby County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §30.5(a) and §30.381(b), TWC, §37.003, and Texas Health and Safety Code, §341.034(b), by failing to have a current, valid water system operator's license prior to performing process control duties in production or distribution of public drinking water; PENALTY: $1,096; ENFORCEMENT COORDINATOR: Larry Butler, (512) 239-2543; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(3) COMPANY: City of Bryan; DOCKET NUMBER: 2017-1045-PST-E; IDENTIFIER: RN101444768; LOCATION: Bryan, Brazos County; TYPE OF FACILITY: aircraft refueling facility; 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); 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Margarita Dennis, (817) 588-5892; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: City of Devine; DOCKET NUMBER: 2017-0045-PWS-E; IDENTIFIER: RN101389575; LOCATION: Devine, Medina County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.106(f)(3)(C) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of seven million fibers/liter for asbestos based on the locational running annual average; PENALTY: $873; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(5) COMPANY: City of Liberty Hill; DOCKET NUMBER: 2017-0141-MWD-E; IDENTIFIER: RN104102132; LOCATION: Leander, Williamson County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0014477001, Permit Conditions Number 2.g, by failing to prevent the unauthorized discharge of wastewater into or adjacent to any water in the state; 30 TAC §305.125(1) and (9)(A), and TPDES Permit Number WQ0014477001, Monitoring and Reporting Requirements Number 7.c, by failing to report any effluent violation which deviates from the permitted effluent limitation by more than 40% in writing to the TCEQ's Austin Regional Office and the TCEQ's Enforcement Division within five working days of becoming aware of the noncompliance; 30 TAC §305.125(1) and (9)(A), and TWC, §26.039(b), and TPDES Permit Number WQ0014477001, Monitoring and Reporting Requirements Numbers 7.a and 7.b, by failing to report any noncompliance which may endanger human health or safety, or the environment within 24 hours of becoming aware of the noncompliance and provide a written notification within five days of becoming aware of the noncompliance to the TCEQ's Austin Regional Office and the TCEQ's Enforcement Division; 30 TAC §317.4(a)(8), by failing to annually test the reduced-pressure principal backflow prevention assembly located at the front of the facility; 30 TAC §317.7(i), by failing to equip the hose bib with an atmospheric vacuum breaker; 30 TAC §305.125(1) and (17) and TPDES Permit Number WQ0014477001, Sludge Provisions, Section II.F, Reporting Requirements, by failing to timely submit the annual sludge report for the monitoring period ending July 31, 2016, to the TCEQ's Austin Regional Office and the TCEQ Enforcement Division's Compliance Monitoring Team; and 30 TAC §305.125(1), TWC, §26.121(a)(1), and TPDES Permit Number WQ0014477001, Interim I Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $18,714; Supplemental Environmental Project offset amount of $14,972; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5886; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(6) COMPANY: City of Tioga; DOCKET NUMBER: 2017-0758-MWD-E; IDENTIFIER: RN101918241; LOCATION: Tioga, Grayson County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0013199001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Ariel Ramirez, (512) 239-4935; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: City of Tulia; DOCKET NUMBER: 2017-0634-PWS-E; IDENTIFIER: RN101227379; LOCATION: Tulia, Swisher County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(C), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required 20 sample sites, have the samples analyzed, and report the results to the executive director (ED) for the January 1, 2014 - December 31, 2016, monitoring period, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1, 2014 - December 31, 2016, monitoring period; 30 TAC §290.109(d)(4)(B) (formerly 30 TAC §290.109(c)(4)(B)) and §290.122(a)(2)(A) and (f), by failing to collect one raw groundwater source Escherichia coli (E.coli) sample from the facility's eight active sources within 24 hours of notification of a distribution total coliform-positive result for a routine sample during the month of May 2015, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect one raw groundwater source E.coli sample from all active sources during the month of May 2015; 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st for each year, and failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ for the year 2014; 30 TAC §290.272 and §290.274(a), by failing to meet the adequacy, availability, and/or content requirements for the CCR for the year 2015; and 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 ED regarding the failure to conduct increased distribution coliform sampling for the month of May 2013; PENALTY: $1,103; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(8) COMPANY: Corn Warrior LLC dba Warriors Mart; DOCKET NUMBER: 2017-0569-PST-E; IDENTIFIER: RN101432219; LOCATION: Grand Prairie, 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 tank for releases at a frequency of at least once every month; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Jonathan Nguyen, (512) 239-1661; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: E. R. Carpenter, L.P.; DOCKET NUMBER: 2017-0036-AIR-E; IDENTIFIER: RN100210830; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: chemical manufacturing; RULES VIOLATED: 30 TAC §122.143(4) and §122.145(2)(A), Federal Operating Permit (FOP) Number O1443, General Terms and Conditions (GTC), and Texas Health and Safety Code (THSC), §382.085(b), by failing to report all instances of deviations; 30 TAC §122.210(a) and THSC, §382.085(b), by failing to submit an application to revise a FOP to include all applicable rules; and 30 TAC §122.143(4) and §122.145(2)(A), FOP Number 01443, GTC, and THSC, §382.085(b), by failing to incorporate permit by rule registration number 84022 into New Source Review Permit Number 45757 when amended or renewed; PENALTY: $11,790; ENFORCEMENT COORDINATOR: Shelby Orme, (512) 239-4575; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(10) COMPANY: Enbridge Pipelines (Texas Gathering) L.P.; DOCKET NUMBER: 2017-0345-AIR-E; IDENTIFIER: RN104621073; LOCATION: Briscoe, Wheeler County; TYPE OF FACILITY: compressor station; RULES VIOLATED: 30 TAC §122.143(4) and §122.146(2), Texas Health and Safety Code, §382.085(b), and Federal Operating Permit Number O2861/Oil and Gas General Operating Permit Number 514, Site-wide requirements (b)(2) and (3), by failing to submit a Permit Compliance Certification no later than 30 days after the end of the certification period; PENALTY: $3,525; ENFORCEMENT COORDINATOR: Shelby Orme, (512) 239-4575; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(11) COMPANY: Fayette County Water Control and Improvement District Monument Hill; DOCKET NUMBER: 2017-0664-PWS-E; IDENTIFIER: RN101389054; LOCATION: La Grange, Fayette 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: $405; ENFORCEMENT COORDINATOR: Melissa Castro, (512) 239-0855; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(12) COMPANY: H. C. BLAKEWELL, INCORPORATED dba Red Carpet Car Wash; DOCKET NUMBER: 2017-1095-PST-E; IDENTIFIER: RN102365517; LOCATION: Fort Worth, Tarrant 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: Ariel Ramirez, (512) 239-4935; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: HI AND S INCORPORATED dba Rochelle Fuel Center; DOCKET NUMBER: 2017-0401-PST-E; IDENTIFIER: RN101563872; LOCATION: Irving, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gas; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued underground storage tank (UST) delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; 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 USTs; and 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of the petroleum USTs; PENALTY: $14,193; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: KAMIRA PROPERTY OWNERS ASSOCIATION, INCORPORATED dba Kamira Water System; DOCKET NUMBER: 2017-0710-PWS-E; IDENTIFIER: RN101264380; LOCATION: Kerrville, Kerr County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(m)(4), by failing to maintain all water treatment units, storage and pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition and free of excessive solids; 30 TAC §290.39(h)(1) and (j) and Texas Health and Safety Code, §341.0351, by failing to submit plans and specifications to the executive director and obtain approval prior to making any significant change or addition to the system's production, treatment, storage, pressure maintenance, or distribution facilities; 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance, regulations, or service agreement with provisions for proper enforcement to ensure that neither cross-connections nor other unacceptable plumbing practices are permitted; 30 TAC §290.41(c)(1)(F), by failing to obtain a sanitary control easement for all land within 150 feet of the facility's Well Number 2; and 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; PENALTY: $412; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(15) COMPANY: KORT'S KORNER, INCORPORATED; DOCKET NUMBER: 2017-0355-PST-E; IDENTIFIER: RN101492676; LOCATION: La Grange, Fayette 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: James Baldwin, (512) 239-1337; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(16) COMPANY: Little Nutt Oil Co. dba Tiger Stop; DOCKET NUMBER: 2017-0823-PST-E; IDENTIFIER: RN101829372; LOCATION: Tenaha, Shelby County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs); 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the UST system; 30 TAC §§334.10(b), 334.49(e)(1), and 334.606, by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $8,792; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(17) COMPANY: Lufkin Industries, LLC; DOCKET NUMBER: 2017-0806-AIR-E; IDENTIFIER: RN100213453; LOCATION: Lufkin, Angelina County; TYPE OF FACILITY: surface coating and artificial lift manufacturing plant; RULES VIOLATED: 30 TAC §122.143(4) and §122.146(2), Texas Health and Safety Code, §382.085(b), and Federal Operating Permit Number O1852, General Terms and Conditions, by failing to submit a permit compliance certification no later than 30 days after the end of the certification period; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Shelby Orme, (512) 239-4575; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(18) COMPANY: Ray Huffines Chevrolet Incorporated; DOCKET NUMBER: 2017-0951-PST-E; IDENTIFIER: RN102747888; LOCATION: Plano, Collin County; TYPE OF FACILITY: fleet refueling facility for a car automobile dealership; RULES VIOLATED: 30 TAC §334.74, by failing to investigate a suspected release of a regulated substance within 30 days of discovery; 30 TAC §334.50(d)(9)(A)(v) and §334.72, by failing to report a suspected release within 72 hours of discovery; and 30 TAC §334.10(b)(1)(B) and §334.51(c)(1), by failing to maintain underground storage tank records and make them immediately available for inspection upon request by agency personnel; PENALTY: $12,106; ENFORCEMENT COORDINATOR: James Baldwin, (512) 239-1337; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(19) COMPANY: Red Ewald, Incorporated; DOCKET NUMBER: 2017-0132-AIR-E; IDENTIFIER: RN100212612; LOCATION: Karnes City, Karnes County; TYPE OF FACILITY: fiberglass tank manufacturing plant; RULES VIOLATED: 30 TAC §122.143(4) and §122.145(2)(C), Federal Operating Permit Number O3616, General Terms and Conditions, and Texas Health and Safety Code, §382.085(b), by failing to submit a deviation report no later than 30 days after the end of the reporting period; PENALTY: $4,313; ENFORCEMENT COORDINATOR: Shelby Orme, (512) 239-4575; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(20) COMPANY: REDBIRD SUPPLY, INCORPORATED; DOCKET NUMBER: 2017-0067-IHW-E; IDENTIFIER: RN101646388; LOCATION: Bridge City, Orange County; TYPE OF FACILITY: manufacturing facility that stores and manages hazardous materials; RULES VIOLATED: 30 TAC §335.2(b), by failing to cause, suffer, allow, or permit the disposal of industrial hazardous waste (IHW) at an unauthorized facility; and 30 TAC §335.4, by failing to cause, suffer, allow, or permit the unauthorized disposal of IHW; PENALTY: $3,438; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(21) COMPANY: S AND M INCORPORATED dba Quick Stop Food Store; DOCKET NUMBER: 2017-0931-PST-E; IDENTIFIER: RN101787943; LOCATION: Savoy, Fannin 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 tank (UST) for releases at a frequency of at least once every month; and 30 TAC §334.49(c)(2)(C) and (4)(C) and TWC, §26.3475(d), by failing to inspect the corrosion protection system at least once every 60 days to ensure that the rectifier and other system components are operating properly, and failing to test the corrosion protection system for operability and adequacy of protection at a frequency of at least once every three years; PENALTY: $7,437; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: Sunrise Valley Properties Incorporated dba Taylor Food Mart 81; DOCKET NUMBER: 2017-0172-PST-E; IDENTIFIER: RN101561348; LOCATION: Dublin, Erath 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: $3,891; ENFORCEMENT COORDINATOR: James Baldwin, (512) 239-1337; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(23) COMPANY: Trent Water Works, Incorporated; DOCKET NUMBER: 2017-0272-PWS-E; IDENTIFIER: RN102675840; LOCATION: Jones Creek, Brazoria 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 a locational running annual average; PENALTY: $172; ENFORCEMENT COORDINATOR: Margarita Dennis, (817) 588-5892; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(24) COMPANY: VEER GANESH INCORPORATED dba Lavon Beer and Wine Food Store; DOCKET NUMBER: 2017-0261-PST-E; IDENTIFIER: RN101434330; LOCATION: Garland, 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 for releases at a frequency of at least once every month; PENALTY: $4,125; ENFORCEMENT COORDINATOR: Steven Van Landingham, (512) 239-5717; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(25) COMPANY: Vopak Logistics Services USA Incorporated; DOCKET NUMBER: 2017-0522-IWD-E; IDENTIFIER: RN100225093; LOCATION: Deer Park, Harris County; TYPE OF FACILITY: a bulk chemical storage facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0001731000, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $28,500; ENFORCEMENT COORDINATOR: Steven Van Landingham, (512) 239-5717; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(26) COMPANY: Westwind Enterprises, Limited; DOCKET NUMBER: 2017-1017-MWD-E; IDENTIFIER: RN101283943; LOCATION: Copperas Cove, Coryell County; TYPE OF FACILITY: mobile home community; RULE VIOLATED: TWC, §26.121(a)(1), by failing to prevent the unauthorized discharge of wastewater into or adjacent to any water in the state; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Melissa Castro, (512) 239-0855; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826.

TRD-201704495

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: November 7, 2017


Enforcement Orders

An agreed order was adopted regarding LaraBerry5 Corporation dba Crossroads Convenience Store, Docket No. 2016-0065-PST-E on November 7, 2017, assessing $4,500 in administrative penalties with $900 deferred. Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Parker Distributing Co., Docket No. 2016-0868-MLM-E on November 7, 2017, assessing $7,500 in administrative penalties with $1,500 deferred. Information concerning any aspect of this order may be obtained by contacting James Baldwin, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Rockwall, Docket No. 2016-1454-PST-E on November 7, 2017, assessing $2,438 in administrative penalties with $487 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Stump, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding South Texas Council, Inc., Boy Scouts of America, Docket No. 2016-1706-PWS-E on November 7, 2017, assessing $1,600 in administrative penalties with $320 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Jose H. Rodriguez, Docket No. 2017-0179-WQ-E on November 7, 2017, assessing $3,937 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Amanda Patel, 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 WINNIE WELDING WORKS & CONSTRUCTION, INC., Docket No. 2017-0336-WQ-E on November 7, 2017, assessing $5,750 in administrative penalties with $1,150 deferred. Information concerning any aspect of this order may be obtained by contacting Larry Butler, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding BA PROPERTIES MANAGEMENT, INC. dba Sunmart 318, Docket No. 2017-0375-PST-E on November 7, 2017, assessing $3,036 in administrative penalties with $607 deferred. Information concerning any aspect of this order may be obtained by contacting Carlos Molina, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Houston Refining LP, Docket No. 2017-0459-AIR-E on November 7, 2017, assessing $7,500 in administrative penalties with $1,500 deferred. Information concerning any aspect of this order may be obtained by contacting Jo Hunsberger, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding R.N.A. CORPORATION dba RNA Chevron, Docket No. 2017-0514-PST-E on November 7, 2017, assessing $5,564 in administrative penalties with $1,112 deferred. Information concerning any aspect of this order may be obtained by contacting John Paul Fennell, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding FORTEEN M ENTERPRISES INC dba Quick Car Lube & Tune, Docket No. 2017-0516-PST-E on November 7, 2017, assessing $7,227 in administrative penalties with $1,445 deferred. Information concerning any aspect of this order may be obtained by contacting Ken Moller, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding PANJTAN, INC. dba Pardners General Store, Docket No. 2017-0552-PST-E on November 7, 2017, assessing $6,750 in administrative penalties with $1,350 deferred. Information concerning any aspect of this order may be obtained by contacting Carlos Molina, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Michael D. Emery, Docket No. 2017-0564-OSI-E on November 7, 2017, assessing $188 in administrative penalties with $37 deferred. Information concerning any aspect of this order may be obtained by contacting Farhaud Abbaszadeh, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding LONE STAR CORRUGATED CONTAINER CORPORATION, Docket No. 2017-0581-PST-E on November 7, 2017, assessing $3,000 in administrative penalties with $600 deferred. Information concerning any aspect of this order may be obtained by contacting Margarita Dennis, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Shlok Krishna Ronak LLC dba Seagoville Chevron, Docket No. 2017-0607-PST-E on November 7, 2017, assessing $3,938 in administrative penalties with $787 deferred. Information concerning any aspect of this order may be obtained by contacting Carlos Molina, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding NHB Corporation dba EZ Mart 2, Docket No. 2017-0675-PST-E on November 7, 2017, assessing $3,128 in administrative penalties with $625 deferred. Information concerning any aspect of this order may be obtained by contacting Margarita Dennis, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding BARRERA INVESTMENTS, INC., Docket No. 2017-0699-PST-E on November 7, 2017, assessing $1,188 in administrative penalties with $237 deferred. Information concerning any aspect of this order may be obtained by contacting Carlos Molina, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Hays Consolidated Independent School District, Docket No. 2017-0701-PWS-E on November 7, 2017, assessing $900 in administrative penalties with $180 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Colt Moss, Docket No. 2017-0770-LII-E on November 7, 2017, assessing $1,161 in administrative penalties with $232 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding RSI Home Products Manufacturing, Inc., Docket No. 2017-0792-AIR-E on November 7, 2017, assessing $7,313 in administrative penalties with $1,462 deferred. Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Planter's Grain Cooperative Of Odem, Texas, Docket No. 2017-0794-AIR-E on November 7, 2017, assessing $2,500 in administrative penalties with $500 deferred. Information concerning any aspect of this order may be obtained by contacting Jo Hunsberger, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding VILLE D'ALSACE WATER SUPPLY, LLC, Docket No. 2017-0795-PWS-E on November 7, 2017, assessing $52 in administrative penalties with $10 deferred. Information concerning any aspect of this order may be obtained by contacting Ross Luedtke, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Stephen Joel Friedman, Docket No. 2017-0800-MWD-E on November 7, 2017, assessing $1,125 in administrative penalties with $225 deferred. Information concerning any aspect of this order may be obtained by contacting Claudia Corrales, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding CHIRAGH ENTERPRISE INC dba Fraley's Store, Docket No. 2017-0803-PST-E on November 7, 2017, assessing $3,750 in administrative penalties with $750 deferred. Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding CHRISTIAN LIFE CENTER OF LUBBOCK, Docket No. 2017-0881-PWS-E on November 7, 2017, assessing $265 in administrative penalties with $53 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Consolidated Metal Technologies, Inc., Docket No. 2017-1004-MLM-E on November 7, 2017, assessing $2,288 in administrative penalties with $457 deferred. Information concerning any aspect of this order may be obtained by contacting Sandra Douglas, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was adopted regarding Turner, Heath D., Docket No. 2017-1123-OSI-E on November 7, 2017, assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was adopted regarding Mark Stewart, Docket No. 2017-1126-WOC-E on November 7, 2017, assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was adopted regarding Kristinek, Josh, Docket No. 2017-1127-WOC-E on November 7, 2017, assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-201704514

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 8, 2017


Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (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 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 December 20, 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 A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on December 20, 2017. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: AMPM ENTERPRISES, INC. and POINT TARGET ENTERPRISES INC dba Super Stop; DOCKET NUMBER: 2016-1773-PST-E; TCEQ ID NUMBER: RN103062196; LOCATION: 12805 State Highway 64 East, Tyler, Smith County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.74(3), by failing to file a release determination report with the commission within 45 days after a suspected release was observed; and 30 TAC §334.50(d)(9)(A)(iv) and §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; PENALTY: $6,975; STAFF ATTORNEY: Eric Grady, Litigation Division, MC 175, (512) 239-0655; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(2) COMPANY: City of Bartlett; DOCKET NUMBER: 2017-0190-MLM-E; TCEQ ID NUMBERS: RN100835487 and RN101375590; LOCATIONS: approximately 0.5 miles northeast of the intersection of State Highway 95 and Farm-to-Market Road 487, Bell County (Facility 1); and approximately two blocks west of State Highway 95 on West Jackson Street, Bartlett, Williamson County (Facility 2); TYPE OF FACILITIES: wastewater treatment plant (Facility 1) and public water system (Facility 2); RULES VIOLATED: 30 TAC §305.125(1) and Texas Pollutant Discharge Elimination System Permit Number WQ0010880001 (the "Permit"), Monitoring and Reporting Requirement Number 4, by failing to indicate an increased frequency of sampling on the self-reported discharge monitoring report for Facility 1; 30 TAC §30.350(d) and §305.125(1) and the Permit, Operational Requirements Number 9 and Other Requirements Number 1, by failing to employ or contract with one or more licensed wastewater treatment facility operators for Facility 1; 30 TAC §§305.125(1), 305.128(a), and 319.8(1) and the Permit, Monitoring and Reporting Requirements Number 10, by failing to provide an authorized signature on all reports requested by permits for Facility 1; 30 TAC §305.125(1) and (11)(B) and §319.7(c) and the Permit, Monitoring and Reporting Requirements Number 3.b. and Sludge Provisions II.E., by failing to maintain records of monitoring activities and sludge documents at Facility 1 and make them readily available for review by a TCEQ representative; 30 TAC §305.125(1) and the Permit, Other Requirements Number 7, by failing to submit a quarterly progress report for Facility 1 to the TCEQ's Waco Regional Office and the TCEQ's Enforcement Division in accordance with the progress report dates established in the Permit; 30 TAC §317.7(i), by failing to provide potable water to the plant site at Facility 1; 30 TAC §317.7(e), by failing to provide the required plant protection at Facility 1; 30 TAC §305.125(1) and (17) and §319.7(d) and the Permit, Monitoring and Reporting Requirements Number 1, by failing to submit discharge monitoring reports at the intervals specified in the permit for Facility 1; Texas Health and Safety Code, §341.033(a) and 30 TAC §290.46(e)(4)(B), by failing to operate Facility 2 under the direct supervision of a water works operator who holds a minimum of a Class "C" or higher license; 30 TAC §290.41(c)(3)(I), by failing to fine grade the well site at Facility 2 so that the site is free from depressions, reverse grades, or areas too rough for proper ground maintenance so as to ensure that surface water will drain away from the well; 30 TAC §290.41(c)(3)(K), by failing to properly seal the well head at Facility 2 with a gasket or sealing compound and provide a well casing vent with an opening that is covered with a 16-mesh or finer corrosion-resistant screen, facing downward, elevated and located so as to minimize the drawing of contaminants into the well; 30 TAC §290.46(m), by failing to use maintenance and housekeeping practices at Facility 2 to ensure the good working condition and general appearance of the facility and its equipment; 30 TAC §290.46(m)(4), by failing to maintain all distribution system lines, storage, and pressure maintenance facilities, water treatment units, and all related appurtenances at Facility 2 in a watertight condition; and 30 TAC §290.46(f), by failing to maintain water works operation and maintenance records for Facility 2 and make them available to the executive director for review during the investigation; PENALTY: $32,661; Supplemental Environmental Project offset amount of $32,661 applied to Establish Potable Water Supply; STAFF ATTORNEY: Elizabeth Carroll Harkrider, Litigation Division, MC 175, (512) 239-2008; REGIONAL OFFICES: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335; and Austin Regional Office, 12100 Park 35 Circle, Building A, Room 179, Austin, Texas 78753, (512) 339-2929

(3) COMPANY: JALBHE INVESTMENT INC. dba Go Fast Food 1; DOCKET NUMBER: 2016-1573-PST-E; TCEQ ID NUMBER: RN101831139; LOCATION: 4700 Judson Road, Longview, Gregg County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(d) and 30 TAC §334.49(a)(2), by failing to ensure the UST's corrosion protection system is operated and maintained in a manner that will ensure continuous corrosion protection; TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); and 30 TAC §334.605(a), by failing to ensure that a certified Class A and B operator is retrained within three years of their last training date; PENALTY: $9,900; STAFF ATTORNEY: Elizabeth Lieberknecht, Litigation Division, MC 175, (512) 239-0620; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(4) COMPANY: MARQUIS CONSTRUCTION SERVICES, LLC; DOCKET NUMBER: 2016-1782-MLM-E; TCEQ ID NUMBER: RN106395817; LOCATION: 29203 Farm-to-Market Road 2004 near Angleton, Brazoria County; TYPE OF FACILITY: surface coating and abrasive cleaning operations site; RULES VIOLATED: Texas Health and Safety Code (THSC), §382.085(a) and (b), and 30 TAC §101.4, by failing to prevent nuisance conditions; THSC, §382.085(b), 30 TAC §106.6(b) and §106.452(2)(A), and Permit by Rule Registration Number 102407, by failing to comply with the abrasive usage rate of one ton per day during dry abrasive cleaning operations; THSC, §382.085(b) and 30 TAC §111.201, by causing, suffering, allowing, or permitting outdoor burning within the State of Texas; and 30 TAC §330.15(a) and (c), by causing, suffering, allowing, or permitting the unauthorized disposal of municipal solid waste; PENALTY: $10,621; STAFF ATTORNEY: Jess Robinson, Litigation Division, MC 175, (512) 239-0455; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(5) COMPANY: North Texas Municipal Water District; DOCKET NUMBER: 2016-1955-MWD-E; TCEQ ID NUMBERS: RN102095585 and RN102097474; LOCATIONS: 3020 Orr Road, Lucas, Collin County (Facility 1) and 2219 Lakeshore Drive, approximately 1.2 miles south-southwest of the intersection of State Highway 205 and Farm-to-Market Road 552, Rockwall, Rockwall County (Facility 2); TYPE OF FACILITIES: two wastewater treatment facilities; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0012446001, Permit Condition Number 2.g., by failing to prevent an unauthorized discharge of wastewater into or adjacent to any water in the state; TWC, §26.121(a)(1), 30 TAC §305.125(1), and TPDES Permit Number WQ0012446001, Permit Condition Number 2.g., by failing to prevent an unauthorized discharge of wastewater into or adjacent to any water in the state; TWC, §26.121(a)(1), 30 TAC §305.125(1), and TPDES Permit Number WQ0012446001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations, as shown in the effluent violation table Facility 1; TWC, §26.121(a)(1), 30 TAC §305.125(1), and TPDES Permit Number WQ0012446001, Effluent Limitations and Monitoring Requirement Number 1, by failing to comply with permitted effluent limitations, as shown in the effluent violation table Facility 2; and TWC, §26.121(a)(1), 30 TAC §305.125(1), and TPDES Permit Number WQ0010262001, Effluent Limitations and Monitoring Requirement Number 4 and Permit Condition Number 2.d., by failing to prevent an unauthorized discharge of wastewater into or adjacent to any water in the state; PENALTY: $93,837; Supplemental Environmental Project offset amount of $93,837 applied to Feed Pump Replacement and Relocation Project; STAFF ATTORNEY: Adam Taylor, Litigation Division, MC 175, (512) 239-3345; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: TAAS Corporation; DOCKET NUMBER: 2016-1374-PST-E; TCEQ ID NUMBER: RN102354198; LOCATION: 1098 East State Highway 114, Grapevine, Tarrant County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $7,254; STAFF ATTORNEY: Jess Robinson, Litigation Division, MC 175, (512) 239-0455; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-201704491

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: November 7, 2017


Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent the executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations, the proposed penalty, and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is December 20, 2017. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO 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 DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on December 20, 2017. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Dominic Walton dba Dominic Waltons Divine Quarterhorse Training and Breeding Facility; DOCKET NUMBER: 2017-0374-MLM-E; TCEQ ID NUMBER: RN102883469; LOCATION: 16526 Old Richmond Road, Sugar Land, Fort Bend County; TYPE OF FACILITY: facility for boarding and breeding horses; RULES VIOLATED: Texas Health and Safety Code, §382.085(b) and 30 TAC §111.201, by causing, suffering, allowing, or permitting outdoor burning within the State of Texas; and 30 TAC §330.15(a) and (c), by causing, suffering, allowing, or permitting the unauthorized disposal of municipal solid waste; PENALTY: $2,547; STAFF ATTORNEY: Clayton Smith, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: IZZ Transport Inc; DOCKET NUMBER: 2017-0474-MSW-E; TCEQ ID NUMBER: RN109266593; LOCATIONS: 202 Windcastle Drive, Apartment 1211, Arlington, Tarrant County (headquarters), and 300 South General Bruce Drive, Temple, Bell County (discharged municipal solid waste); TYPE OF FACILITY: transport company; RULE VIOLATED: 30 TAC §327.5(c), by failing to submit written information, describing the details of the discharge or spill and supporting the adequacy of the response action, to the appropriate TCEQ regional manager within 30 working days of the reportable discharge or spill; PENALTY: $1,312; STAFF ATTORNEY: Adam Taylor, Litigation Division, MC 175, (512) 239-3345; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(3) COMPANY: Mildred Fowler; DOCKET NUMBER: 2017-0473-MSW-E; TCEQ ID NUMBER: RN106307291; LOCATION: 4668 Spillers Road, Lumberton, Hardin County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) site; RULE VIOLATED: 30 TAC §330.15(a) and (c), by causing, suffering, allowing, or permitting the unauthorized disposal of MSW; PENALTY: $1,687; STAFF ATTORNEY: Isaac Ta, Litigation Division, MC 175, (512) 239-0683; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(4) COMPANY: Reyna A. Martinez; DOCKET NUMBER: 2016-0820-PWS-E; TCEQ ID NUMBER: RN106283666; LOCATION: 3100 South County Road 1210 near Midland, Midland County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.46(f)(4) and §290.106(e), by failing to provide the results of quarterly nitrate sampling to the executive director (ED); and 30 TAC §290.122(c)(2)(A) and (f), by failing to issue public notifications and submit copies of public notifications to the ED regarding the failure to conduct routine coliform monitoring during the months of August, September, and November of 2014, and February, June, and September of 2015, the failure to conduct repeat coliform monitoring during the month of December 2014, and the failure to conduct increased coliform monitoring during the month of January 2015; PENALTY: $832; STAFF ATTORNEY: Eric Grady, Litigation Division, MC 175, (512) 239-0655; REGIONAL OFFICE: Midland Regional Office, 9900 West Interstate Highway 20, Suite 100, Midland, Texas 79706, (432) 570-1359.

(5) COMPANY: W R J CLEANERS,INC dba Fashion Cleaners; DOCKET NUMBER: 2016-2103-DCL-E; TCEQ ID NUMBER: RN104355912; LOCATION: 8925 Fallbrook Drive, Suite 1200, Houston, Harris County; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: Texas Health and Safety Code, §374.102 and 30 TAC §337.10(a), by failing to complete and submit the required registration form to the TCEQ for a dry cleaning facility or dry cleaning drop station; 30 TAC §337.20(e)(6)(B), by failing to visually inspect each installed secondary containment structure weekly to ensure that the structure is not damaged and keep a log of the inspections; and 30 TAC §337.72(1), by failing to maintain documentation of invoices of dry cleaning solvent purchases showing the name, type, and quantity of the dry cleaning solvent purchased, the name and address of the seller, and the date of purchase; PENALTY: $1,397; STAFF ATTORNEY: Clayton Smith, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-201704493

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: November 7, 2017


Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 336

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 336, Radioactive Substance Rules, §336.103, under the requirements of Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking will implement House Bill 2662, 85th Texas Legislature, 2017, to remove the 5% gross receipts fee on all compact and federal waste disposal for the biennium beginning September 1, 2017.

The commission will hold a public hearing on this proposal in Austin on December 12, 2017, at 10:00 a.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or (800) RELAY-TX (TDD). Requests should be made as far in advance as possible.

Written comments may be submitted to Kris Hogan, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: http://www1.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2017-032-336-WS. The comment period closes December 22, 2017. Copies of the proposed rulemaking can be obtained from the commission's website at http://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Hans Weger, Radioactive Materials Unit, and (512) 239-6465.

TRD-201704454

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: November 3, 2017


Notice of Public Hearing on Proposed Revisions to 30 TAC Chapters 220 and 305

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 220, Regional Assessments of Water Quality, §220.4 and §220.6; and the repeal of 30 TAC Chapter 305, Consolidated Permits, §305.71, under the requirements of Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would implement House Bill 3618, 85th Texas Legislature, 2017, relating to the timing of the expiration of water quality permits.

The commission will hold a public hearing on this proposal in Austin on December 12, 2017, at 2:00 p.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or (800) RELAY-TX (TDD). Requests should be made as far in advance as possible.

Written comments may be submitted to Derek Baxter, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: http://www1.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2017-025-305-OW. The comment period closes on December 18, 2017. Copies of the proposed rulemaking can be obtained from the commission's website at http://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Jill Csekitz, Water Quality Planning Division, (512) 239-3136.

TRD-201704447

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: November 3, 2017


Notice of Water Quality Applications

The following notices were issued on October 25, 2017, through November 2, 2017.

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 (30) DAYS OF THE ISSUED DATE OF THE NOTICE.

INFORMATION SECTION

BLUE SKY FARMS, LLC for a minor amendment of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0003077000, for a Concentrated Animal Feeding Operation (CAFO) to authorize the applicant to decrease the acreage of land management units (LMUs) LMU #9 from 29 to 25 acres and LMU #11 from 83 to 51 acres; change the location of Well #9, and provide best management practices that will be implemented to protect groundwater. In addition, the area identified on the Site Map as proposed heifer pens in the permit that was issued on February 22, 2017, has been removed from the drainage area of retention control structure (RCS) #1, and the location will be used for storing manure and compost. The total LMU acreage has decreased from 718 to 682 acres. The currently authorized headcount of 7,100 total head, of which 3,100 are milking cows, remains unchanged. The facility is located on the east side of Farm-to-Market Road 219 approximately 2.25 miles south of the intersection of Farm-to-Market Road 219 and Farm-to-Market Road 1702 in Dublin, Erath County, Texas.

ERATH COUNTY DAIRY SALES, INC. AND JIMMY GAYLON BEYER for a minor amendment of TPDES Permit No. WQ0003211000, for a CAFO, to authorize the applicant to add roofed areas to the livestock auction barn facility, and reduce the drainage area of retention control structure #1. The currently authorized maximum capacity of 1,838 head, and land application area of 30.4 acres remain unchanged. The facility is located on the northwest side of U.S. Highway 377, approximately three miles southwest of the intersection of U.S. Highway 377 and Farm-to-Market Road 988 in Dublin, Erath County, Texas.

If you need more information about these permit applications or the permitting process, please call the TCEQ Public Education Program, Toll Free, at (800) 687-4040. General information about the TCEQ can be found at our web site at www.TCEQ.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.

TRD-201704508

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 8, 2017


Revised Notice of Public Meeting for TPDES Permit for Industrial Wastewater New Permit No. WQ0005228000

APPLICATION. GCGV Asset Holding LLC, 22777 Springwoods Village Parkway, Spring, Texas 77389, which proposes to operate a chemical manufacturing facility that will produce ethylene, monoethylene glycol, and polyethylene, has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0005228000, to authorize the discharge of treated process wastewater, cooling tower blowdown, maintenance wastewater, water treatment wastewater, railcar wash water, miscellaneous wastewater, wastewater from commissioning activities, and stormwater at a daily average flow not to exceed 9,030,000 gallons per day via Outfall 001 and stormwater and allowable non-stormwater on an intermittent and flow-variable basis via Outfalls 002, 003, 004, and 005.

The facility will be located on the south side of State Highway 181 and on the west side of Farm-to-Market Road 2986, approximately one mile west of the City of Gregory, in San Patricio County, Texas 78359. The effluent will be discharged from the plant site via pipe to Corpus Christi Bay via Outfall 001, in Segment No. 2481 of the Bays and Estuaries; via Outfalls 002 and 003 to drainage ditches, thence to mud flats, thence to Copano Bay/Port Bay/Mission Bay in Segment No. 2472 of the Bays and Estuaries; and via Outfalls 004 and 005 to drainage ditches, thence to Green Lake Ditch, thence to Green Lake, thence to a tidal channel, thence to Corpus Christi Bay in Segment No. 2481 of the Bays and Estuaries. The unclassified receiving water uses are minimal aquatic life use for the drainage ditches, limited aquatic life use for Green Lake Ditch, high aquatic life use for Green Lake, and exceptional aquatic life use for the tidal channel. The designated uses for Segment No. 2472 and Segment No. 2481 are primary contact recreation, oyster waters, and exceptional aquatic life use. This link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice. For the exact location, refer to the application:

http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=27.930833&lng=-97.322777&zoom=13&type=r

In accordance with Title 30 Texas Administrative Code §307.5 and TCEQ's Procedures to Implement the Texas Surface Water Quality Standards (June 2010), an antidegradation review of the receiving waters was performed. A Tier 1 antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. Numerical and narrative criteria to protect existing uses will be maintained. A Tier 2 review has preliminarily determined that no significant degradation of water quality is expected in Green Lake, which has been identified as having high aquatic life use. Also, no significant degradation of water quality is expected in the tidal channel or Corpus Christi Bay, which have been identified as having exceptional aquatic life use. Existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received.

The TCEQ executive director reviewed this action for consistency with the Texas Coastal Management Program (CMP) goals and policies in accordance with the regulations of the General Land Office and has determined that the action is consistent with the applicable CMP goals and policies.

The TCEQ executive director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements.

PUBLIC COMMENT / PUBLIC MEETING. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public will be encouraged to ask questions of the applicant and TCEQ staff concerning the permit application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on the permit application and no formal response will be made. Responses will be provided orally during the Informal Discussion Period. During the Formal Comment Period on the permit application, members of the public may state their formal comments orally into the official record. A written response to all timely, relevant and material, or significant comments will be prepared by the Executive Director. All formal comments will be considered before a decision is reached on the permit application. A copy of the written response will be sent to each person who submits a formal comment or who requested to be on the mailing list for this permit application and provides a mailing address. Only relevant and material issues raised during the Formal Comment Period can be considered if a contested case hearing is granted on this permit application.

The Public Meeting is to be held:

Monday, December 11, 2017, at 7:00 p.m.

Stephen F. Austin Elementary School

308 N. Gregory

Gregory, Texas 78359

Please note, the public meeting previously scheduled for December 4, 2017, is cancelled.

INFORMATION. Citizens are encouraged to submit written comments anytime during the meeting or by mail before the close of the public comment period to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at www.tceq.texas.gov/about/comments.html. If you need more information about this permit application or the permitting process, please call the TCEQ Public Education Program, Toll Free, at (800) 687-4040. Si desea información en Español, puede llamar al (800) 687-4040. General information about the TCEQ can be found at our web site at www.tceq.texas.gov.

The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at Bell Whittington Public Library, 2400 Memorial Parkway, Portland, in San Patricio County, Texas and at La Retama Central Library, 805 Comanche Street, Corpus Christi, in Nueces County, Texas. Further information may also be obtained from GCGV Asset Holding LLC at the address stated above or by calling Mr. John E. Groneck at (832) 624-9618.

Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at (512) 239-3300 or (800) RELAY-TX (TDD) at least one week prior to the meeting.

TRD-201704513

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 8, 2017


Texas Ethics Commission

List of Late Filers

Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report, or filing a late report, in reference to the specified filing deadline. If you have any questions, you may contact Michelle Gonzales at (512) 463-5800.

Deadline: Monthly Report due September 5, 2017, for Committees

Bonita Ocampo, Tarrant County Tejano Democrats, 3803 S. Jones St, Fort Worth, Texas 76110-5512

David C. Walker, U.S. Anesthesia Partners of Texas PAC, 1500 City West Blvd., Ste. 300, Houston, Texas 77042

TRD-201704428

Seana Willing

Executive Director

Texas Ethics Commission

Filed: November 2, 2017


General Land Office

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of October 30, 2017, to November 6, 2017. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period extends 30 days from the date published on the Texas General Land Office web site. The notice was published on the website on Friday, November 10, 2017. The public comment period for this project will close at 5:00 p.m. on Tuesday, December 12, 2017.

FEDERAL AGENCY ACTIONS:

Applicant: Freeport LNG Development, L.P. (FLNG)

Location: The project site is located on the Freeport Harbor Ship Channel, near the City of Freeport, in Brazoria County, Texas. The Freeport Maintenance Offshore Dredge Material Disposal Site (ODMDS) is located approximately 3 miles offshore and about 1,000 feet southwest of the centerline of the Outer Bar Channel.

LATITUDE & LONGITUDE (NAD 83): 28.98982761 -93.309178

Project Description: The applicant requests to modify their existing Department of the Army permit to include maintenance dredging of the entire basin. Dredging will be conducted via a hydraulic cutter head dredge and/or mechanical clamshell dredge to excavate the material that will be directly loaded to a dump scow barge. The barge will be transported to the Freeport Harbor Maintenance ODMDS where the material will be dumped. Each maintenance dredging cycle is expected to take 3 months to complete. Submittals to evaluate effects of dredging and disposal of dredge material will be conducted, as required by Section 103 of the MPRSA. FLNG has estimated that the initial maintenance dredge cycle will remove approximately 1,200,000 cubic yards. Subsequent maintenance dredge cycles will occur annually and are estimated to remove approximately 500,000 cubic yards.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2013-00147. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (MPRSA).

CMP Project No: 17-1214-F1

Applicant: Total Petrochemicals & Refining, Incorporated

Location: The project site is located at 12212 Port Road, in Pasadena, Harris County, Texas.

LATITUDE & LONGITUDE (NAD 83): 29.600676 -95.009279

Project Description: The applicant proposes to discharge fill material into 9.5 acres of wetlands associated with the expansion of the existing facility to facilitate increased production and storage of rail cars.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2017-00019. This application will be reviewed pursuant to Section 404 of the Clean Water Act (CWA). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.

CMP Project No: 18-1046-F1

Applicant: Transcontinental Gas Pipeline Company, LLC

Location: The project site is located on the outer continental shelf in the Gulf of Mexico, approximately 11 miles offshore of Sea Rim State Park.

LATITUDE & LONGITUDE (NAD 83): Begin: 29.56442 -94.00501 End: 29.44923 -94.15799

Project Description: The applicant proposes decommissioning in place 12.20 miles of 16" gas pipeline which is buried with 5' of cover, approximately 25' from the top of the water. The pipeline was previously authorized via Department of the Army Permit 7944. Approximately 0.02 acre (130 cubic yards) of continental shelf will be temporarily impacted so that the pipeline can be cut, flushed, and capped.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2015-00130. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and §404 of the Clean Water Act (CWA).

CMP Project No: 18-1045-F1

Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from Ms. Allison Buchtien, P.O. Box 12873, Austin, Texas 78711-2873, or via email at federal.consistency@glo.texas.gov. Comments should be sent to Ms. Buchtien at the above address or byemail.

TRD-201704510

Anne L. Idsal

Chief Clerk/Deputy Land Commissioner

General Land Office

Filed: November 8, 2017


Texas Health and Human Services Commission

Public Notice - Texas State Plan for Medical Assistance Amendments Effective December 1, 2017

The Texas Health and Human Services Commission (HHSC) announces its intent to submit amendments to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act. The proposed amendments are effective December 1, 2017.

The purpose of these amendments is to update the fee schedules in the current state plan by adjusting fees, rates, or charges for physical, occupational, and speech therapy provided by therapy assistants for the following:

Early and Periodic Screening, Diagnosis and Treatment Services (EPSDT);

Physicians and Other Practitioners; and

Home Health Services.

The proposed amendments are estimated to result in an aggregate cost savings of $25,365,875 for the remainder of federal fiscal year (FFY) 2018, consisting of $14,428,110 in federal funds and $10,937,765 in state general revenue. For FFY 2019, the estimated cost savings is $56,066,127, consisting of $32,137,104 in federal funds and $23,929,023 in state general revenue. For FFY 2020, the estimated cost savings is $56,963,185 consisting of $32,651,298 in federal funds and $24,311,887 in state general revenue.

Further detail on specific rates and percentage changes is available on the HHSC Rate Analysis website under the December 1, 2017, proposed effective date at: http://rad.hhs.texas.gov/rate-packets.

Rate Hearing. A rate hearing was held on July 19, 2017, at 9:00 a.m. in Austin, Texas. Information about the proposed rate changes and the hearing can be found in the June 30, 2017, issue of the Texas Register on pages 3435-3436 at http://www.sos.state.Texas.us/texreg/index.shtml.

Copy of Proposed Amendments. Interested parties may obtain a free copy of the proposed amendments or additional information about the amendments by contacting Doneshia Ates, State Plan Advisor, by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, Texas 78711; by telephone at (512) 428-1963; by facsimile at (512) 730-7472; or by e-mail at Medicaid_Chip_SPA_Inquiries@hhsc.state.Texas.us. Copies of the proposed amendments will be available for review at the local county offices of the Texas Department of Aging and Disability Services.

Written Comments. Written comments about the proposed amendments and/or requests to review comments may be sent by U.S. mail, overnight mail, special delivery mail, hand delivery, fax, or email:

U.S. Mail

Texas Health and Human Services Commission

Attention: Rate Analysis, Mail Code H-400

P.O. Box 149030

Austin, Texas 78714-9030

Overnight mail, special delivery mail, or hand delivery

Texas Health and Human Services Commission

Attention: Rate Analysis, Mail Code H-400

Brown-Heatly Building

4900 North Lamar Blvd

Austin, Texas 78751

Phone number for package delivery: (512) 730-7401

Fax

Attention: Rate Analysis at (512) 730-7475

Email

RADAcuteCare@hhsc.state.Texas.us

TRD-201704506

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: November 8, 2017


Public Notice - Texas State Plan for Medical Assistance Amendments Effective January 1, 2018

The Texas Health and Human Services Commission (HHSC) announces its intent to submit amendments to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act. The proposed amendments are effective January 1, 2018.

The purpose of these amendments is to update the fee schedules in the current state plan by adjusting fees, rates, or charges for the following:

2018 Annual Healthcare Common Procedure Coding System (HCPCS) Updates;

Ambulance Services;

Birthing Center Facility Services;

Case Management Services;

Certified Pediatric Nurse Practitioners and Certified Family Nurse Practitioners;

Certified Registered Nurse Anesthetists and Anesthesiologist Assistants;

Clinical Diagnostic Laboratory Services;

Durable Medical Equipment, Prosthetics, Orthotics, and Supplies;

Early and Periodic Screening, Diagnosis, and Treatment Services (EPSDT);

Family Planning Services;

Hearing Aids and Audiometric Evaluations;

Home Health Services;

Indian Health Services;

Licensed Clinical Social Worker Services;

Licensed Marriage and Family Therapist Services;

Licensed Professional Counselor Services;

Physicians and Other Practitioners;

Physician Assistants;

Rehabilitative Chemical Dependency Treatment Facility Services; and

Vision Care Services.

The proposed amendments are estimated to result in an aggregate cost of $77,107,171 for the remainder of federal fiscal year (FFY) 2018, consisting of a cost of $43,763,582 in federal funds and a cost of $33,343,319 in state general revenue. For FFY 2019, the estimated cost is $119,494,462, consisting of a cost of $68,288,893 in federal funds and a cost of $51,205,569 in state general revenue. For FFY 2020, the estimated cost is $119,514,986, consisting of a cost of $68,297,372 in federal funds and a cost of $51,217,614 in state general revenue.

Further detail on specific rates and percentage changes is available on the HHSC Rate Analysis website under the proposed effective date at: http://rad.hhs.texas.gov/rate-packets.

Rate Hearing. A rate hearing was held on November 16, 2017, at 1:30 p.m. in Austin, Texas, and information about the proposed rate changes (including methodology and justification) and the hearing can be found in the October 13, 2017, issue of the Texas Register on pages 5727-5729 at http://www.sos.state.tx.us/texreg/index.shtml.

In addition, a rate hearing will be held on January 9, 2018, in Austin, Texas to address the 2018 Annual Healthcare Common Procedures Coding System (HCPCS) Updates. Once available, information about the proposed rate changes (including methodology and justification) and the hearing will be published in a subsequent issue of the Texas Register at http://www.sos.state.tx.us/texreg/index.shtml.

Copy of Proposed Amendments. Interested parties may obtain a free copy of the proposed amendments and/or additional information about the amendments by contacting Doneshia Ates, State Plan Advisor, by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, Texas 78711; by telephone at (512) 428-1963; by facsimile at (512) 730-7472; or by e-mail at Medicaid_Chip_SPA_Inquiries@hhsc.state.tx.us. Copies of the proposed amendments will be available for review at the local county offices of the Texas Department of Aging and Disability Services.

Written Comments. Written comments about the proposed amendments and/or requests to review comments may be sent by U.S. mail, overnight mail, special delivery mail, hand delivery, fax, or email:

U.S. Mail

Texas Health and Human Services Commission

Attention: Rate Analysis, Mail Code H-400

P.O. Box 149030

Austin, Texas 78714-9030

Overnight mail, special delivery mail, or hand delivery

Texas Health and Human Services Commission

Attention: Rate Analysis, Mail Code H-400

Brown-Heatly Building

4900 North Lamar

Austin, Texas 78751

Phone number for package delivery: (512) 730-7401

Fax

Attention: Rate Analysis at (512) 730-7475

Email

RADAcuteCare@hhsc.state.tx.us

TRD-201704507

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: November 8, 2017


Department of State Health Services

Licensing Actions for Radioactive Materials (.pdf)

TRD-201704448

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Filed: November 3, 2017


Texas Department of Housing and Community Affairs

Release of the Notice of Funding Availability for the "2018 Amy Young Barrier Removal Program"

I. Source of Funds.

The Amy Young Barrier Removal Program is funded through the Housing Trust Fund which was established by the 72nd Legislature, Senate Bill 546, Texas Government Code, §2306.201, to create affordable housing for low- and very low-income households. Funding sources consist of appropriations or transfers made to the fund, unencumbered fund balances, and public or private gifts, grants, or donations.

II. Notice of Funding Availability (NOFA) Summary.

The Texas Department of Housing and Community Affairs (the "Department") announces the availability of $3,090,482.73 of State of Texas Housing Trust Funds for Fiscal Year 2018 for the Amy Young Barrier Removal ("AYBR") Program to be released on November 14, 2017. Funds are available through the Department's first-come, first-served online Reservation System. Additional funds may be added to this NOFA from loan repayments, interest earnings and deobligations from prior years.

The AYBR Program provides one-time grants of up to $20,000 to Persons with Disabilities in a household qualified as earning 80% or less of the applicable Area Median Family Income. Grants are for home modifications that increase accessibility, eliminate life-threatening hazards and correct unsafe conditions.

To be able to reserve AYBR Program funds on behalf of an eligible Person with Disabilities, nonprofit organizations, units of local government, councils of government, local mental health authorities, and public housing authorities must apply to be a Program Administrator and execute an AYBR Program Reservation System Agreement.

III. Additional Information.

The 2018 AYBR Program NOFA is posted on the Department's website at http://www.tdhca.state.tx.us/htf/single-family/amy-young.htm. Questions regarding the AYBR Program NOFA may be addressed to Diana Velez at (512) 475-4828 or diana.velez@tdhca.state.tx.us.

TRD-201704511

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Filed: November 8, 2017


Release of the Notice of Funding Availability for the "FY 2018-2019 Texas Bootstrap Loan Program"

I. Source of Funds.

The Texas Bootstrap Loan Program is funded through the Housing Trust Fund which was established by the 72nd Legislature, Senate Bill 546, Texas Government Code §2306.201, to create affordable housing for low- and very low-income households. Funding sources consist of appropriations or transfers made to the fund, unencumbered fund balances, and public or private gifts, grants, or donations.

II. Notice of Funding Availability (NOFA) Summary.

The Texas Department of Housing and Community Affairs (the "Department"), through its Single Family Operations and Services Division, announces the availability of $6,145,444.65 in funds from the State of Texas Housing Trust Funds for Fiscal Years 2018-2019 for the Texas Bootstrap Loan ("Bootstrap") Program.

The $3,145,444.65 in FY 2018 funds will be available for online reservation on December 4, 2017, as follows:

•Two-third set-aside available only to census tracts listed at http://www.tdhca.state.tx.us/oci/bootstrap.jsp: $2,098,011.59

•Remaining one-third set-aside available statewide: $1,047,433.06

The $3,000,000 in FY 2019 funds will only be available for online reservation on July 9, 2018, and will be accessible by participating organizations on or about September 1, 2018, as follows:

•Two-third set-aside available only to census tracts listed at http://www.tdhca.state.tx.us/oci/bootstrap.jsp: $2,000,000

•Remaining one-third set-aside available statewide: $1,000,000

Additional funds may be added to this NOFA from loan repayments, interest earnings and deobligations from prior years.

The purpose of the Bootstrap Program is to purchase land and/or build new residential or improve existing residential housing through self-help construction methods for Owner-Builders, including persons with special needs, whose household income does not exceed 60 percent of the Area Median Family Income.

To be able to reserve Bootstrap Program funds on behalf of Owner-Builders, nonprofit organizations must undergo certification as a "Nonprofit Owner-Builder Housing Provider" (NOHP) by the Department and execute a loan origination agreement. Two-thirds of the funds are set aside for Owner-Builders with property in census tracts with median incomes not exceeding 75 percent of the current state median income. The remaining one-third is released statewide.

III. Additional Information.

The "FY 2018-2019 Texas Bootstrap Loan Program" NOFA is posted on the Department's website at http://www.tdhca.state.tx.us/oci/bootstrap.htm. Questions regarding the Bootstrap Program NOFA may be addressed to Lisa Johnson at (512) 936-9988 or lisa.johnson@tdhca.state.tx.us.

TRD-201704512

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Filed: November 8, 2017


Texas Lottery Commission

Scratch Ticket Game Number 2012 "Hot 7's"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2012 is "HOT 7'S". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2012 shall be $1.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2012.

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 of the Scratch Ticket.

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 05, 06, 08, 09, 10, 11, 12, 7 SYMBOL, $1.00, $2.00, $5.00, $10.00, $20.00, $40.00, $100 and $777.

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. 2012 - 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 (2012), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 150 within each Pack. The format will be: 2012-0000001-001.

H. Pack - A Pack of the "HOT 7'S" Scratch Ticket Game contains 150 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; Tickets 006 to 010 on the next page, etc.; and Tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed.

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 Ticket Game, Scratch Ticket or Ticket - Texas Lottery "HOT 7'S" Scratch Ticket Game No. 2012.

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 the back of each Scratch Ticket. A prize winner in the "HOT 7'S" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 12 (twelve) Play Symbols. If a player matches any of the YOUR NUMBERS Play Symbols to either of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If the player reveals a "7" Play Symbol, the player wins ALL 5 PRIZES 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 12 (twelve) 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 12 (twelve) 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 12 (twelve) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 12 (twelve) 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. A Ticket can win up to five (5) times in accordance with the approved prize structure.

B. Adjacent Non-Winning Tickets within a Pack will not have matching Play Symbol and Prize Symbol patterns. Two (2) Tickets have matching Play Symbol and Prize Symbol patterns if they have the same Play Symbols and Prize Symbols in the same spots.

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

D. Each Ticket will have two (2) different WINNING NUMBERS Play Symbols.

E. Non-winning YOUR NUMBERS Play Symbols will all be different.

F. The "7" (WINALL) Play Symbol will never appear in either WINNING NUMBERS Play Symbol spot.

G. The "7" (WINALL) Play Symbol will only appear as dictated by the prize structure.

H. On Tickets that contain the "7" (WINALL) Play Symbol, neither of the WINNING NUMBERS Play Symbols will match any of the YOUR NUMBERS Play Symbols.

I. Non-winning Prize Symbols will never appear more than two (2) times.

J. Non-winning Prize Symbol(s) will never be the same as the winning Prize Symbol(s).

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

2.3 Procedure for Claiming Prizes.

A. To claim a "HOT 7'S" Scratch Ticket Game prize of $1.00, $2.00, $5.00, $10.00, $20.00, $40.00 or $100, 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 $40.00 or $100 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. To claim a "HOT 7'S" Scratch Ticket Game prize of $777, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "HOT 7'S" 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.

D. 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.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the 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 "HOT 7'S" 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 "HOT 7'S" 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 Ticket Prizes. There will be approximately 29,280,000 Scratch Tickets in Scratch Ticket Game No. 2012. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2012 - 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. 2012 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. 2012, 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-201704494

Bob Biard

General Counsel

Texas Lottery Commission

Filed: November 7, 2017


Scratch Ticket Game Number 2018 "Super 7's"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2018 is "SUPER 7'S". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2018 shall be $10.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2018.

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 of the Scratch Ticket.

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 05, 06, 08, 09, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 50, 7 SYMBOL, 77 SYMBOL, BANK SYMBOL, COINS SYMBOL, GOLD SYMBOL, SAFE SYMBOL, $10.00, $15.00, $20.00, $25.00, $30.00, $75.00, $100, $200, $500, $1,000, $10,000, $50,000 and $277,000.

D. Play Symbol Caption- The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1: GAME NO. 2018 - 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 (2018), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 050 within each Pack. The format will be: 2018-0000001-001.

H. Pack - A Pack of the "SUPER 7'S" Scratch Ticket Game contains 050 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 050 while the other fold will show the back of Ticket 001 and front of 050.

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 Ticket Game, Scratch Ticket or Ticket - Texas Lottery "SUPER 7'S" Scratch Ticket Game No. 2018.

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 the back of each Scratch Ticket. A prize winner in the "SUPER 7'S" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 56 (fifty-six) Play Symbols. If a player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If the player reveals a "7" Play Symbol, the player wins 5 TIMES the prize for that symbol. If the player reveals a "77" Play Symbol, the player wins ALL 25 PRIZES instantly! BONUS PLAY AREA: If a player reveals a prize amount, the player wins that amount 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 56 (fifty-six) 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 56 (fifty-six) 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 56 (fifty-six) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 56 (fifty-six) 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.

Programmed Game Parameters.

A. A Ticket can win up to twenty-six (26) times in accordance with the approved prize structure.

B. Adjacent Non-Winning Tickets within a Pack will not have matching Play Symbol and Prize Symbol patterns. Two (2) Tickets have matching Play Symbol and Prize Symbol patterns if they have the same Play Symbols and Prize Symbols in the same spots.

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

D. Each Ticket will have five (5) different WINNING NUMBERS Play Symbols.

E. Non-winning YOUR NUMBERS Play Symbols will all be different.

F. Non-winning Prize Symbols will never appear more than three (3) times.

G. The "7" (WIN5X) and "77" (WINALL) Play Symbols will never appear in the WINNING NUMBERS Play Symbol spots.

H. The "7" (WIN5X) and "77" (WINALL) Play Symbols will appear as dictated by the prize structure.

I. On Tickets that contain the "77" (WINALL) Play Symbol, none of the WINNING NUMBERS Play Symbols will match any of the YOUR NUMBERS Play Symbols and the "7" (WIN5X) Play Symbol will not appear.

J. Non-winning Prize Symbols will never be the same as the winning Prize Symbol(s).

K. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 20 and $20).

2.3 Procedure for Claiming Prizes.

A. To claim a "SUPER 7'S" Scratch Ticket Game prize of $10.00, $15.00, $20.00, $25.00, $30.00, $75.00, $100, $200 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, $30.00, $75.00, $100, $200 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. To claim a "SUPER 7'S" Scratch Ticket Game prize of $1,000, $10,000, $50,000 or $277,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "SUPER 7'S" 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.

D. 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.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the 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 "SUPER 7'S" 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 "SUPER 7'S" 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 Ticket Prizes. There will be approximately 14,640,000 Scratch Tickets in Scratch Ticket Game No. 2018. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2018 - 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. 2018 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. 2018, 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-201704492

Bob Biard

General Counsel

Texas Lottery Commission

Filed: November 7, 2017


North Central Texas Council of Governments

Notice of Consultant Contract Award

Pursuant to the provisions of Government Code, Chapter 2254, the North Central Texas Council of Governments (NCTCOG) publishes this notice of consultant contract award. The consultant request appeared in the June 2, 2017, issue of the Texas Register (42 TexReg 2971). As part of NCTCOG's 2017 Cooperative Transit Vehicle Security Camera Systems (Re-Solicitation) Procurement, the selected vendor will provide the hardware, software, and installation of transit vehicle security camera systems.

CWI Digital Systems, LLC, 3213 FM 121, Van Alstyne, Texas 75495, was selected to provide the security camera systems for a one-year base contract that is not to exceed $653,000.

TRD-201704429

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: November 2, 2017


Texas Board of Nursing

Texas Peer Assistance Program for Nurses Audit Contract

Pursuant to Texas Government Code, §2254.030, the Board provides the following notice:

The Board is under a current contract with the Texas Nurses Foundation to provide peer assistance services, through the Texas Peer Assistance Program for Nurses (TPAPN), to nurses with substance use disorders and/or mental health issues. During its recent review by the Texas Sunset Advisory Commission, (Commission), the Commission recommended that the Board establish meaningful performance goals and a clear procedure for evaluating TPAPN in order to determine the effectiveness of the program. Further, the Commission recommended that the Board consider establishing targets/goals for its current measures of recidivism and dropout rates, as well as other measures to indicate program effectiveness. The Commission also recommended that the Board consider incorporating new measures/means to evaluate its peer assistance program in its next Request for Proposal (RFP) and consider amending its current contract with the Texas Nurses Foundation.

On November 2, 2017, the Board entered into a new contract with Citizen Advocacy Center (CAC), pursuant to "An Invitation for Consultants to Provide Offers of Auditing Services" posted in the Texas Register on August 11, 2017 (42 TexReg 4023), in accordance with Texas Government Code, §2254.029. CAC, located at 1601 18th Street, NW, Suite #4, Washington, DC 20009, was the successful offeror. CAC's response met all of the requirements of the "Invitation." The Board based its selection of CAC on its demonstrated competence, knowledge, and qualifications and on the reasonableness of its proposed fee, as required by Texas Government Code, §2254.027. Pursuant to the new contract, CAC will perform an audit of TPAPN.

The audit will evaluate TPAPN's overall performance, including a determination of whether TPAPN is performing as expected, and whether it is in the public interest to continue the contract with TPAPN. The requested audit must also include a review of all of TPAPN's internal performance metrics; the existence of, and adherence to, TPAPN's internal guidelines and policies; adherence to the Board's policies; consistency and fairness in the treatment of the program's participants; TPAPN's methods of internal record keeping; the appropriateness of fees paid by the participants; enrollment trends, including waiting periods for enrollment into the program; TPAPN's sustained enrollments rates; satisfaction ratings of the participants; and the completion rate of participants. The requested audit must also evaluate the level of TPAPN's managerial control over the program; TPAPN's ability to construct, produce, and maintain meaningful performance measures for the program; TPAPN's commitment to providing non-punitive, rehabilitative services to participants; TPAPN's ability to construct budgetary constraints designed to sustain and enhance the longevity of the program; and TPAPN's ability to timely enroll new participants in the program, minimize attrition, and incentivize completion of the program. Additionally, the requested audit should also include an evaluation of TPAPN's ability to meet and adjust to the changing needs of the participants, including consideration of a participant's specific diagnosis under the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association (DSM-V) (i.e., mild, moderate, or severe substance use disorder).

The contract begins on November 2, 2017, and will continue until the audit is completed or until August 31, 2018, whichever first occurs. CAC must complete its audit during this time period. CAC will be paid the sum of $20,000.00 to perform the required audit of TPAPN, and will be reimbursed for its travel expenses, up to a maximum amount of $5,000.00.

TRD-201704500

Jena Abel

Deputy General Counsel

Texas Board of Nursing

Filed: November 7, 2017


Public Utility Commission of Texas

Notice of Application for Approval of a Service Area Contract and to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application for approval of an agreement that would amend water certificates of convenience and necessity (CCNs) in Bexar County.

Docket Style and Number: Application of Green Valley Special Utility District and the City of Schertz for Approval of a Service Area Contract Under Texas Water Code §13.248 and to Amend Certificates of Convenience and Necessity in Bexar County, Docket Number 47753.

The Application: Schertz holds water CCN No. 10645 and Green Valley SUD holds water CCN No. 10646. Schertz and Green Valley SUD have agreed to alter the boundaries of their respective CCNs and transfer a portion of the Triple H Property from within the boundary of Green Valley's CCN to Schertz's CCN boundary.

Persons wishing to intervene or 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 (888) 782-8477. A deadline for intervention in this proceeding will be established. 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 47753.

TRD-201704469

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 6, 2017


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 October 30, 2017, in accordance with the Texas Water Code.

Docket Style and Number: Application of Kempner Water Supply Corporation and the City of Copperas Cove for Sale, Transfer, or Merger of Facilities and Certificate Rights in Coryell County, Docket Number 47741.

The Application: Kempner Water Supply Corporation and the City of Copperas Cove filed an application for approval of the sale, transfer, or merger of facilities and certificate rights in Coryell County. Specifically, Kempner WSC seeks approval to sell and transfer a portion of water certificate of convenience and necessity (CCN) No. 10456 to the City of Copperas Cove's CCN No. 10449. Rates will not change for the affected customers.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the commission as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be mailed to Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All correspondence should refer to Docket Number 47741.

TRD-201704432

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 2, 2017


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 1, 2017, in accordance with the Texas Water Code.

Docket Style and Number: Application of Cypress Cove Maintenance Association and Cypress Cove Water Supply Corporation for Sale, Transfer, or Merger of Facilities and Certificate Rights in Comal County, Docket Number 47752.

The Application: Cypress Cove Maintenance Association filed an application for the sale, transfer, or merger of facilities and certificate rights in Comal County. Specifically, Cypress Cove Maintenance seeks approval to transfer all of the area under water certificate of convenience and necessity (CCN) No. 11697 to Cypress Cove Water Supply Corporation, who will obtain a new CCN. The total area being requested includes approximately 600 acres and serves 376 current customers.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the commission as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be mailed to Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All correspondence should refer to Docket Number 47752.

TRD-201704436

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 2, 2017


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 October 31, 2017, in accordance with the Texas Water Code.

Docket Style and Number: Application of Shady Shores Development d/b/a Shady Shores Water System and Diana Special Utility District for Sale, Transfer, or Merger of Facilities and Certificate Rights in Marion County, Docket Number 47744.

The Application: Shady Shores Development d/b/a Shady Shores Water System and Diana Special Utility District filed an application for approval of the sale, transfer, or merger of facilities and certificate rights in Marion County. Specifically, Diana SUD seeks approval to acquire all of the water system assets and service area held by Shady Shores under water certificate of convenience and necessity number 11173. The requested area includes approximately 250 acres and 153 current customers.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the commission as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be mailed to Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All correspondence should refer to Docket Number 47744.

TRD-201704467

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 6, 2017


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 1, 2017, under the Public Utility Regulatory Act, Tex. Util. Code Ann. §39.154 and §39.158.

Docket Style and Number: Application of BHER Santa Rita Investment, Inc. Under §39.158 of the Public Utility Regulatory Act, Docket Number 47754.

The Application: On November 1, 2017, BHER Santa Rita Wind Investment, LLC filed an application for approval to purchase 100% of the membership interests in Santa Rita Wind Energy LLC. Following the proposed transaction, the combined generation owned and controlled by Santa Rita Wind and its affiliates and will equal approximately 1,587 MW, or approximately 1.70% of the installed capacity in the Electric Reliability Council of Texas (ERCOT) or capable delivery into ERCOT.

Persons wishing to intervene or comment on the action sought should contact the commission as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be mailed to 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 47754.

TRD-201704470

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 6, 2017


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

On November 3, 2017, an application was filed with the Public Utility Commission of Texas (commission) to amend a service provider certificate of operating authority.

Docket Style and Number: Application of WANRack, LLC to Amend a Service Provider Certificate of Operating Authority, Docket No. 47756.

Application: WANRack, LLC filed an application to amend service provider certificate of operating authority number 60950 to reflect a corporate restructuring and a change in ownership and control. WANRack will be re-domiciled and converted from a Kansas limited liability company to a Delaware limited liability company, in addition WANRack will be wholly-owned by WANRack Holdings, LLC.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than November 27, 2017. 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 47756.

TRD-201704484

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 6, 2017


Notice of Petition for Amendment to a Water Certificate of Convenience and Necessity by Expedited Release

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on October 27, 2017, of a petition to amend a water certificate of convenience and necessity (CCN) by expedited release in Denton County.

Docket Style and Number: Petition of Mike Hopkins, Executor of the Estate of Herman H. Hopkins, to Amend Bolivar Water Supply Corporation's Certificate of Convenience and Necessity in Denton County by Expedited Release, Docket Number 47738.

The Petition: A petition was filed by Mike Hopkins, as executor of the estate of Herman H. Hopkins, for expedited release of 60.093 acres from Bolivar Water Supply Corporation's water certificate of convenience and necessity No. 11257 in Denton County under Texas Water Code §13.254(a 5) and 16 Texas Administrative Code §24.113(l).

Persons wishing to comment on the action sought should contact the commission no later than November 27, 2017, 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 47738.

TRD-201704427

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 1, 2017


Notice of Petition for True-Up of 2015 Federal Universal Service Fund Impacts to the Texas Universal Service Fund

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on October 31, 2017, for true-up of 2015 Federal Universal Service Fund (FUSF) Impacts to the Texas Universal Service Fund (TUSF).

Docket Style and Number: Application of Border to Border Communications, Inc. for True-Up of 2015 Federal Universal Service Fund Impacts to the Texas Universal Service Fund, Docket Number 47745.

The Application: Border to Border Communications, Inc. (BTBC) filed a true-up report in accordance with Findings of Fact Nos. 9 and 10 of the final order in Docket No. 44901. In Docket No. 44901, the Commission approved BTBC's application to recover funds from the TUSF and ordered a true-up of the FUSF revenue changes for 2015. This application addresses BTBC's final and actual FUSF impact for 2015.

Persons wishing to intervene or 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 (888) 782-8477. A deadline for intervention in this proceeding will be established. 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 47745.

TRD-201704468

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 6, 2017


Teacher Retirement System of Texas

Correction of Error

The Teacher Retirement System of Texas adopted an amendment to 34 TAC §31.41 in the November 10, 2017, issue of the Texas Register (42 TexReg 6373). Due to an error by the Teacher Retirement System of Texas, the adoption incorrectly listed the section under Subchapter C, Employment After Retirement. The section is located under Subchapter D, Employer Pension Surcharge. The amendment was effective November 14, 2017.

TRD-201704490


Texas Department of Transportation

Public Transportation Division - Notice of Call for Projects

The Texas Department of Transportation (department) announces a Call for Projects for:

1. Statewide Planning Assistance - 49 U.S.C. §5304, 43 Texas Administrative Code (TAC) §31.22

2. Rural Transportation Assistance - 49 U.S.C. §5311(b)(3), 43 TAC §31.37

3. Intercity Bus - 49 U.S.C. §5311(f), 43 TAC §31.36

4. Rural Discretionary - 49 U.S.C. §5311 - Discretionary Program, 43 TAC §31.36

5. Fleet Replacement - 49 U.S.C. §5311 - Formula Grants for Rural Areas Program, 43 TAC §31.36

6. Fleet Replacement - 49 U.S.C. §5307 - Urbanized Area Formula Program, 43 TAC §31.26

These public transportation projects will be funded through the Federal Transit Administration (FTA) §5304, §5311(b)(3), §5311(f), §5311, and §5307 programs. It is anticipated that multiple projects from multiple funding programs will be selected for State Fiscal Year 2019-2020. Project selection will be administered by the Public Transportation Division. Projects selected for funding under the §5304, §5311(b)(3), §5311(f), and §5311 programs will be awarded in the form of grants with payments made for allowable reimbursable expenses or for defined deliverables. Successful applicants will become subrecipients of the department. Successful applicants of projects selected for funding under §5307 will apply for funds directly with FTA for the approved project.

Information and instructions regarding the call for projects will be posted on the Public Transportation Division website at http://www.txdot.gov/business/governments/grants/public_transportation.htm

Purpose: The Call for Projects invites applications for services to develop, promote, coordinate, or support public transportation. Applications submitted for funding should reflect projects that will:

• assist small urban and rural transit agencies to develop projects and strategies to further meet the transportation needs of local residents using current program resources;

• design and implement training and technical assistance projects and other support services tailored to meet the specific needs of transit operators in rural areas;

• assist public transportation providers in rural areas to provide passenger transportation services to the general public using the most efficient combination of knowledge, materials, resources, and technology;

• support connections, services, and infrastructure to meet the intercity mobility needs of residents in rural areas; or

• maintain capital assets in a state of good repair.

Eligible Applicants: Eligible applicants may include state agencies, local public bodies and agencies thereof, private nonprofit organizations, operators of public transportation services, state transit associations, transit districts, and private for-profit operators. Eligible applicants are defined in 43 TAC Chapter 31.

Key Dates and Deadlines:

November 17, 2017: Opportunity opens in eGrants

January 5, 2018: Deadline for submitting written questions

February 16, 2018: Deadline for receipt of applications

May 31, 2018: Target date for presentation of project selection recommendations to the Texas Transportation Commission for action

September 1, 2018: Target date for most project grant agreements to be executed

Questions: Individuals with questions relating to the Call for Projects should email PTN_ProgramMgmt@txdot.gov.

TRD-201704443

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: November 3, 2017