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Texas Register Preamble


The Texas Department of Public Safety proposes amendments to Chapter 4, Subchapter B, §§4.11, 4.12 and 4.18, concerning Regulations Governing Transportation Safety.

The amendment to §4.11 adds "as amended through May 1, 2004" to subsection (a). The amendment is necessary to ensure that the Federal Motor Carrier Safety Regulations, incorporated by reference in the section, reflects all amendments made through that particular date.

The amendment to §4.12 is necessary in order to further clarify department policy concerning the 34 hour restart provision and the requirements for 150 air-mile radius drivers.

The amendment to §4.18 is necessary in order to correct the mailing address of the Motor Carrier Bureau.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the amendments are in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also determined that for each year of the first five-year period the amendments are in effect the public benefit anticipated as a result of enforcing the amended 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. There is no adverse economic impact anticipated for individuals, small businesses, or micro-businesses.

Comments on the proposal may be submitted to Mark Rogers, Major, Texas Highway Patrol Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0500, (512) 424-2116.

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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