The Texas Department of Public Safety adopts amendments to Chapter 4, Subchapter B, §4.11 and §4.13, concerning Regulations Governing Transportation Safety, without changes to the proposed text as published in the November 9, 2007, issue of the Texas Register (32 TexReg 8110).

Adoption of the amendments to §4.11 is 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 October 1, 2007. Adoption of an additional amendment to the section is necessary in order to provide a definition for the term "off-road motorized construction equipment."

Adoption of amendments to §4.13 is necessary in order to implement the changes in municipality population thresholds that determine eligibility for certification to conduct commercial vehicle inspections that are contained in House Bills 1638 and 2077 and Senate Bill 545, as passed by the 80th Texas Legislature (2007). Adoption of additional amendments to the section is necessary in order to clarify the requirements for obtaining and maintaining certification to perform inspections on vehicles transporting hazardous materials in other bulk packaging.

On November 16, 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.