The Texas Department of Public Safety adopts amendments to Chapter 4, Subchapter B, §4.11, concerning General Applicability and Definitions, without changes to the proposed text as published in the October 3, 2008, issue of the Texas Register (33 TexReg 8307).

Adoptions of the amendments to §4.11 are 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 October 1, 2008; and to implement the requirements of the Unified Carrier Registration Act. The Unified Carrier Registration Act was established by federal law in the highway reauthorization bill known as the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, which was enacted on August 10, 2005. Interstate motor carriers exempt from economic regulation are now required to comply with the Unified Carrier Registration Act, so all references to these carriers have been removed from subsection (c)(2) of the section.

On October 20, 2008, 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.