The Texas Department of Public Safety adopts amendments to Chapter 4, Subchapter B, §§4.11, 4.16, and 4.21, concerning Regulations Governing Transportation Safety, without changes to the proposed text as published in the March 2, 2007, issue of the Texas Register (32 TexReg 1046).

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 for the subchapter.

Adoption of the amendments to §4.16 are necessary in order to establish a minimum amount of administrative penalty in order to ensure that the penalty imposed has the appropriate effect of deterring future violations.

Adoption of the amendments to §4.21 are necessary because responsibility for maintaining the Valid Positive Result database, and correspondence relating to the database, has been changed from the Motor Carrier Compliance Audit (MCCA) section to the Motor Carrier Safety (MCS) Section.

On March 14, 2007, the department held a public hearing to receive comments from all interested persons 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.