The Texas Department of Public Safety adopts amendments to Chapter 4, Subchapter B, §§4.11 - 4.14, 4.19 and 4.21, concerning Regulations Governing Transportation Safety, without changes to the proposed text as published in the July 28, 2006, issue of the Texas Register (31 TexReg 5903).

The amendments to §4.11 are necessary in order to update the rule so that it reflects July 1, 2006 in subsection (a). The amendment is 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.

The amendments to §4.12 are 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.

The 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.

The amendments to §4.14 are 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.

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

On August 8, 2006, 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 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.