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Texas Register Preamble


The Texas Department of Public Safety proposes amendments to Chapter 4, Subchapter B, §§4.11 - 4.15 and §4.21, concerning Regulations Governing Transportation Safety.

The amendment to §4.11 updates the rule so that it reflects February 1, 2006 in subsection (a). The amendment is necessary to ensure that the Federal Motor Carrier Safety Regulations, incorporated by reference in the section, reflect all amendments and interpretations issued through that particular date.

An amendment to §4.12 is necessary to correct an inaccuracy made in citing the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59) within this section. A second amendment is being made to §4.12 to remove outdated language.

An amendment to §4.13 are necessary in order to clarify that Level I inspections conducted on vehicles containing non-bulk quantities of hazardous materials, cargo tank vehicles, vehicles containing other bulk packaging, and passengers vehicles also count towards the general 32 Level I inspection requirement per calendar year.

An amendment to §4.14 is necessary to clarify how the department will determine if a municipality meets the population threshold amounts listed in Texas Transportation Code, §644.101. Additional amendments to §4.14 are necessary to clarify that paper copies of roadside inspection reports must also be sent to the department for timely quality control of uploaded data and that certified municipalities and counties can be decertified for reporting data to the department in an untimely manner.

An amendment to §4.15 is necessary to clarify when a final unsatisfactory safety rating and order to cease all intrastate transportation becomes effective when a motor carrier evades service of these documents. An additional amendment to §4.15 is necessary in order to specify procedures for issuing an Order to Cease all or part of a motor carrier's intrastate operations when they constitute an Imminent Hazard.

An amendment to §4.21 is necessary to clarify that a dilute positive drug test is considered a valid positive test for reporting purposes. However, a dilute negative drug test is not considered a valid positive test for reporting purposes.

Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the amendments are in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Ybarra also determined that for each year of the first five-year period the amendments in effect the public benefit anticipated as a result of enforcing the amended rules will be to ensure to the public greater compliance by motor carriers with all of the statutes and regulations pertaining to the safe operation of commercial vehicles in this state. There is no adverse economic impact anticipated for individuals, small businesses, or micro-businesses.

Comments on the proposal may be submitted to Mark Rogers, Major, Texas Highway Patrol Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0500, (512) 424-2116.

The amendments are proposed 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.

Texas Transportation Code, §644.051 is affected by this proposal.



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