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Texas Register Preamble


The Texas Department of Public Safety proposes amendments to Chapter 4, Subchapter B, §§4.11, 4.13 - 4.15, and 4.17 concerning Regulations Governing Transportation Safety.

The first amendment proposed for §4.11 updates the rule so that it reflects April 1, 2008 in subsection (a). This amendment is necessary 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. A second amendment to §4.11 is necessary to clarify that the rules adopted also ensure that all drivers of commercial motor vehicles are properly qualified to operate these vehicles. A third amendment to §4.11 is necessary to clarify that motor carriers are only subject to these rules when operating a regulated commercial motor vehicle. A fourth amendment to §4.11 is necessary to clarify that a medical examination certificate can be issued for a period of less than 24 months by a medical examiner. Two additional amendments proposed for §4.11 correct grammatical errors in the text.

The amendment proposed for §4.13 updates the text to reflect changes contained in Senate Bill 330, as passed by the 80th Texas Legislature, pertaining to the locations where a non-commissioned employee of the department can conduct commercial motor vehicle inspections.

Amendments to §4.14 are necessary in order to further clarify certain general and data timeliness requirements for municipalities and counties participating in the commercial vehicle inspection program.

An amendment to §4.15 is necessary to allow for delivery of safety rating correspondence to a motor carrier at the last known location, address, electronic mail address, or facsimile number for the motor carrier. The second amendment to §4.15 clarifies that only compliance reviews resulting from a request to change a safety rating where the safety rating has been final for less than 6 months will be processed in accordance with the expedited timelines specified in the rule. The third amendment to §4.15 eliminates the term "streamlined compliance review" and replaces it with the term "follow-up compliance review". The fourth amendment to §4.15 allows the department to extend the final effective date of a safety rating for a motor carrier transporting passengers or hazardous materials for up to 30 days when the motor carrier has submitted evidence of corrective actions. The renumbering of certain paragraphs is also necessitated due to the proposed text of the amendments.

An amendment to §4.17 is necessary to allow the department to notify motor carriers of claims using electronic mail, provided the department verifies receipt by a responsible individual. A second amendment to §4.17 is necessary to set the deadline for responding to or appealing a notice of claim at 20 calendar days rather than 20 business days, which is consistent with the requirements of Texas Transportation Code, §644.153(e).

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 has also determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the sections as proposed. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no anticipated negative impact on local employment.

In addition, Mr. Ybarra has also 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.

The department has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The department has determined that Chapter 2007 of the Government Code does not apply to these rules. Accordingly, the department is not required to complete a takings impact assessment regarding these rules.

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 April 10, 2008, 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, 4.13 - 4.15, and 4.17 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) 424-7509 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 Major Mark Rogers, Texas Highway Patrol Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0500, (512) 424-7509.

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.



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