The Texas Department of Public Safety adopts amendments to §§4.11 - 4.17, concerning Regulations Governing Transportation Safety, without changes to the proposed text as published in the November 5, 2004, issue of the Texas Register (29 TexReg 10222).

Amendments to §4.11 are necessary in order to ensure that the Federal Motor Carrier Safety Regulations, incorporated by reference in the section, reflects all amendments and interpretations issued through October 1, 2004. An additional amendment to §4.11 adopts Title 49, Code of Federal Regulations, Part 380.

Amendments to §4.12 are necessary in order to specify what subparts of Title 49, Code of Federal Regulations, Part 380 will be applicable to intrastate motor carriers and to establish a date for compliance with the proposed requirements.

Amendments to §4.13 are necessary in order to update the title of the out-of-service criteria cited in the rule and to clarify the training requirements for obtaining certification to inspect motorcoaches.

Amendments to §4.14 are necessary in order to reflect changes being made to the Memorandum of Understanding process utilized by the department for municipal and county certification requirements.

Amendments to §4.15 are necessary in order to further clarify department procedures for assigning motor carrier safety ratings in the Safety Audit Program.

Amendments to §4.16 are necessary in order to further clarify department procedures for the collection of administrative penalties assessed and the issuance of impoundment orders.

Amendments to §4.17 are necessary in order to further clarify department procedures for the notification that is sent to motor carriers concerning pending enforcement actions.

On December 6, 2004, the department held a public hearing to receive comment(s) from all interested person(s) regarding adoption of the amendments. No comments were received regarding adoption of the amendments.

The amendment are adopted pursuant to Texas Transportation Code, §644.051, which authorizes the director to adopt rules regulating the safe transportation of hazardous materials and the safe operation of commercial motor vehicles; and authorizes the director to adopt all or part of the federal safety regulations by reference.