The Texas Department of Public Safety proposes amendments to Chapter 4, Subchapter B, §§4.11 - 4.14, 4.19 and 4.21, concerning Regulations Governing Transportation Safety.

The amendment to §4.11 is necessary in order to update the rule so that it reflects July 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.

The amendment to §4.12 is necessary in order to clarify when the medical standards exemption is applicable to drivers transporting hazardous materials in intrastate commerce. Additional amendments are being made to §4.12 to correct inaccuracies in citing certain parts of the Code of Federal Regulations.

Amendments to §4.13 are necessary in order to clarify the certification requirements for inspections conducted on vehicles transporting hazardous materials in Other Bulk Packaging.

Amendment to §4.14 is necessary in order to clarify that municipal and county agencies that are certified to enforce the federal safety regulations must respond in a timely manner to all challenges of the accuracy of data shown on a inspection.

Amendments to §4.19 and §4.21 are necessary in order to correct typographical errors within the sections.

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

Mr. Ybarra also has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of enforcing the 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.

The Texas Department of Public Safety, in accordance with the Administrative Procedures and Texas Register Act, Texas Government Code, §§2001 et seq., and Texas Transportation Code, Chapter 644, will hold a public hearing on August 8, 2006, at 9:00 a.m, at the Texas Department of Public Safety, Texas Highway Patrol Division, Building G Annex, 5805 North Lamar, Austin, Texas. The purpose of this hearing is to receive comments from all interested persons regarding adoption of the proposed amendments to Administrative Rules §§4.11 - 4.14, 4.19 and 4.21 regarding Hazardous Material and Transportation Safety, proposed for adoption under the authority of Texas Transportation Code, Chapter 644, which provides that the director shall, after notice and a public hearing, adopt rules regulating the safe operation of commercial motor vehicles.

Persons interested in attending this hearing are encouraged to submit advance written notice of their intent to attend the hearing and to submit a written copy of their comments. Correspondence should be addressed to Major Mark Rogers, Texas Highway Patrol Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0500.

Persons with special needs or disabilities who plan to attend this hearing and who may need auxiliary aids or services are requested to contact Major Rogers at (512) 424-2116 at least three working days prior to the hearing so that appropriate arrangements can be made.

Other comments on this 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.