The Texas Department of Public Safety adopts amendments to Chapter 4, Subchapter B, §§4.11, 4.12, 4.15, and 4.21 concerning Regulations Governing Transportation Safety, without changes to the proposed text as published in the June 22, 2007, issue of the Texas Register (32 TexReg 3837).

Adoption of the amendments to §4.11 is necessary in order to update the rule so that it reflects June 1, 2007 in subsection (a). The amendment is necessary in order to ensure that the Federal Motor Carrier Safety Regulations, incorporated by reference in this section, reflect all amendments and interpretations issued through that particular date for the subchapter.

Adoption of the amendments to §4.12 are necessary in order to add clarification to subsection (a)(2) of when split sleeper berth time can be used by drivers operating commercial vehicles in intrastate commerce.

Adoption of the amendments to §4.15 adds new paragraph (4) to subsection (b) and is necessary in order to clarify the department's enforcement options if a motor carrier's operations pose an imminent hazard.

Adoption of the amendments to §4.21 reformats the section and are necessary in order to provide that valid positive test results, releases and submittal of reports may be made via electronic mail, when the identity of the requestor and the security of the communication have been properly verified.

On July 10, 2007, the department held a public hearing to receive comments from all interested persons regarding adoption of the amendments. Mr. Douglas Brodie, Vice President-Government Affairs, Compliance Safety Systems appeared at the public hearing; however, he was interested in discussing other issues not related to this adoption.

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.