The Texas Department of Public Safety (Department) adopts amendments to Chapter 4, Subchapter B, §§4.11 - 4.13, concerning Regulations Governing Transportation Safety, without changes to the proposed text as published in the November 24, 2006, issue of the Texas Register (31 TexReg 9570).

Adopted amendments to §4.11(a) are necessary in order ensure that the Federal Motor Carrier Safety Regulations, incorporated by reference in the section, reflect all amendments and interpretations issued through November 1, 2006. The adopted amendment to §4.11(c)(2) is necessary so that the language in this provision is consistent with amended language recently made in Title 49, Code of Federal Regulations, Part 392.9a, to which it refers.

Adopted amendments to §4.12 are necessary in order to correct inaccuracies in citing certain parts of Title 49, Code of Federal Regulations.

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

On November 30, 2006, the Department held a public hearing to receive comments from all interested persons regarding the 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.