The Texas Department of Public Safety (the department) adopts amendments to §4.12, concerning Exemptions and Exceptions. This section is adopted with changes to the proposed text as published in the October 25, 2013, issue of the Texas Register (38 TexReg 7424) and will be republished. Changes were made in response to a comment received by the department and to correct a typographical error in §4.12(a)(2).

These amendments are necessary to ensure this section is consistent with interstate hours of service rules promulgated pursuant to Title 49, Code of Federal Regulations, Part 395.

The department accepted comment on the proposed rule through November 25, 2013. A written comment was submitted by John D. Esparza representing Texas Trucking Association (TXTA).

The comment received, as well as the department's response thereto, is summarized below:

COMMENT: Regarding §4.12. "TXTA supports the proposed rule changes with the exception of the addition of paragraph (b)(4) in §4.12. Exemptions and Exceptions. The change in paragraph (b)(4) is in direct conflict to Texas Transportation Code, §644.052(c)(1) and the department's current rule in §4.12(a)(1)(A)."

RESPONSE: The department agrees with the comment and has removed the conflicting language.

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.