The Texas Department of Public Safety adopts amendments to Chapter 4, Subchapter B, §§4.11 - 4.15 and 4.21, concerning Regulations Governing Transportation Safety, without changes to the proposed text as published in the March 31, 2006, issue of the Texas Register (31 TexReg 2839).

Adoption of the amendments to §4.11 are necessary in order 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.

Adoption of the amendments to §4.12 are necessary in order 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). In addition, outdated language is removed.

Adoption of the amendments 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 passenger vehicles also counts towards the general 32 Level I inspection requirement per calendar year.

Adoption of the amendments to §4.14 are necessary in order to clarify how the department will determine if a municipality meets the population threshold amounts listed in Texas Transportation Code, §644.101, and 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.

Adoption of the amendments to §4.15 are necessary in order 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, and 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.

Adoption of the amendments to §4.21 are necessary in order 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.

On April 25, 2006, the department held a public hearing to receive comments from all interested persons regarding adoption of the proposed amendments. No comments were received regarding adoption of the proposed amendments.

The amendments 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.