cfr_sections
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 49:49:5.1.1.1.2.0.1.1 | 49 | Transportation | III | A | 303 | PART 303—CIVIL RIGHTS | § 303.1 Purpose. | FHWA | The purpose of this part is to provide guidelines and procedures for implementing the Federal Motor Carrier Safety Administration's (FMCSA) Title VI program under Title VI of the Civil Rights Act of 1964 and related civil rights laws and regulations. For FMCSA-only programs or activities, Federal financial assistance recipients or grantees will continue to apply and use the Departmental Title VI provisions at 49 CFR part 21. For joint and multi-agency programs/projects, FMCSA Federal assistance recipients or grantees must use the Title VI requirements at 49 CFR part 21, unless agreement is reached by the Federal funding agencies for the recipients to use the Title VI procedures of another agency. | ||||||
| 49:49:5.1.1.1.2.0.1.2 | 49 | Transportation | III | A | 303 | PART 303—CIVIL RIGHTS | § 303.3 Application of this part. | FHWA | The provisions of this part are applicable to all elements of the FMCSA and to any program or activity for which Federal financial assistance is authorized under a law administered by the FMCSA. This part provides Title VI guidelines for State Departments of Transportation and local State agencies, including their sub-recipients, to implement Title VI. It also applies to money paid, property transferred, or other Federal financial assistance extended under any program of the FMCSA after the date of this part. | ||||||
| 49:49:5.1.1.1.3.1.1.1 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | A | Subpart A—General Provisions | § 325.1 Scope of the rules in this part. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 78 FR 58477, Sept. 24, 2013] | (a) The rules in this part prescribe procedures for inspection, surveillance, and measurement of motor vehicles and motor vehicle equipment operated by motor carriers to determine whether those vehicles and that equipment conform to the Interstate Motor Carrier Noise Emission Standards of the Environmental Protection Agency, 40 CFR part 202. (b) Except as provided in paragraph (c) of this section, the rules in this part apply to motor carriers engaged in interstate commerce. The rules apply at any time or under any condition of highway grade, load, acceleration or deceleration. (c) The rules in this part do not apply to— (1) A motor vehicle that has a Gross Vehicle Weight Rating (GVWR) of 10,000 pounds (4,536 kg.) or less; (2) A combination of motor vehicles that has a Gross Combination Weight Rating (GCWR) of 10,000 pounds (4,536 kg.) or less; (3) The sound generated by a warning device, such as a horn or siren, installed in a motor vehicle, unless such device is intentionally sounded in order to preclude an otherwise valid noise emission measurement; (4) An emergency motor vehicle, such as a fire engine, an ambulance, a police van, or a rescue van, when it is responding to an emergency call; (5) A snow plow in operation; or (6) The sound generated by auxiliary equipment which is normally operated only when the motor vehicle on which it is installed is stopped or is operating at a speed of 5 miles per hour (8 kph) or less, unless such device is intentionally operated at speeds greater than 5 mph (8 kph) in order to preclude an otherwise valid noise measurement. Examples of that type of auxiliary equipment include, but are not limited to, cranes, asphalt spreaders, ditch diggers, liquid or slurry pumps, auxiliary air compressors, welders, and trash compactors. | |||
| 49:49:5.1.1.1.3.1.1.2 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | A | Subpart A—General Provisions | § 325.3 [Reserved] | FHWA | |||||
| 49:49:5.1.1.1.3.1.1.3 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | A | Subpart A—General Provisions | § 325.5 Definitions. | FHWA | (a) Statutory definitions. All terms defined in the Noise Control Act of 1972 (Pub. L. 92-574, 86 Stat. 1234) are used as they are defined in that Act. (b) Definitions in standards. All terms defined in § 202.10 of the Interstate Motor Carrier Noise Emission Standards, 40 CFR 202.10, are used as they are defined in that section. (c) Additional definitions. (1) Hard test site means any test site having the ground surface covered with concrete, asphalt, packed dirt, gravel, or similar reflective material for more than 1/2 the distance between the microphone target point and the microphone location point. (2) Soft test site means any test site having the ground surface covered with grass, other ground cover, or similar absorptive material for 1/2 or more of the distance between the microphone target point and the microphone location point. (3) Ground cover means any of various low, dense-growing plants, such as ivy, myrtle, low weeds, or brush. (4) Traffic railing means any longitudinal highway traffic barrier system installed along the side or median of a highway. For the purpose of this part, a traffic railing must have at least 35 percent of its vertical height, from the ground surface to the top of the railing, open to free space in order to qualify as an acceptable object within a noise measurement test site. Further, for the purposes of this part, posts or other discrete supports shall be ignored when ascertaining open free space. (5) Relatively flat when used to describe a noise measurement site means a site which does not contain significant concave curvatures or slope reversals that may result in the focusing of sound waves toward the microphone location point. | ||||
| 49:49:5.1.1.1.3.1.1.4 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | A | Subpart A—General Provisions | § 325.7 Allowable noise levels. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 54 FR 50385, Dec. 6, 1989] | Motor vehicle noise emissions, when measured according to the rules of this part, shall not exceed the values specified in Table 1. Table 1—Maximum Permissible Sound Level Readings (Decibel (A)) 1 2 1 The speeds shown refer to measurements taken at sites having speed limits as indicated. These speed limits do not necessarily have to be posted. 2 This table is based on motor carrier noise emission requirements specified in 40 CFR 202.20 and 40 CFR 202.21. | |||
| 49:49:5.1.1.1.3.1.1.5 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | A | Subpart A—General Provisions | § 325.9 Measurement tolerances. | FHWA | (a) Measurement tolerances will be allowed to take into account the effects of the following factors: (1) The consensus standard practice of reporting filed sound level measurements to the nearest whole decibel. (2) Variations resulting from commercial instrument tolerances. (3) Variations resulting from the topography of the noise measurement site. (4) Variations resulting from atmospheric conditions such as wind, ambient temperature, and atmospheric pressure. (5) Variations resulting from reflected sound from small objects allowed within the test site. (6) The interpretation of the effects of the above cited factors by enforcement personnel. (b) Measurement tolerances shall not exceed 2 decibels for a given measurement. | ||||
| 49:49:5.1.1.1.3.2.1.1 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | B | Subpart B—Administrative Provisions | § 325.11 Issuance, amendment, and revocation of the rules in this part. | FHWA | The procedures specified in part 389 of this chapter for the issuance, amendment, or revocation of the Federal Motor Carrier Safety Regulations apply to rulemaking proceedings for the issuance, amendment, or revocation of the rules in this part. | ||||
| 49:49:5.1.1.1.3.2.1.2 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | B | Subpart B—Administrative Provisions | § 325.13 Inspection and examination of motor vehicles. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10226, Mar. 10, 1976; 54 FR 50385, Dec. 6, 1989; 60 FR 38743, July 28, 1995; 66 FR 49869, Oct. 1, 2001; 78 FR 58477, Sept. 24, 2013; 88 FR 80179, Nov. 17, 2023] | (a) Authority. Any special agent of the Federal Motor Carrier Safety Administration (designated in appendix B to part 390 of this chapter) is authorized to inspect, examine, and test a motor vehicle operated by a motor carrier in accordance with the procedures specified in this part for the purpose of ascertaining whether the motor vehicle and equipment installed on the motor vehicle conforms to the Interstate Motor Carrier Noise Emission Standards of the Environmental Protection Agency, 40 CFR part 202. (b) A motor carrier, its officers, drivers, agents, and employees must, at any time, submit a motor vehicle used in its operations for inspection, examination, and testing for the purpose of ascertaining whether the motor vehicle and equipment installed on it conforms to the Interstate Motor Carrier Noise Emission Standards of the Environmental Protection Agency, 40 CFR part 202. (c) Prescribed inspection report. Form MCS-141, Noise Level Compliance Check shall be used to record findings from motor vehicles selected for noise emission inspection by authorized employees. (d) Motor carrier's disposition of form MCS-141. (1) The driver of any motor vehicle receiving a Form MCS-141 shall deliver such MCS-141 to the motor carrier operating the vehicle upon his/her arrival at the next terminal or facility of the motor carrier, if such arrival occurs within twenty-four (24) hours. If the driver does not arrive at a terminal or facility of the motor carrier operating the vehicle within twenty-four (24) hours he/she shall immediately mail the Form MCS-141 to the motor carrier. For operating convenience, motor carriers may designate any shop, terminal, facility, or person to which it may instruct its drivers to deliver or forward Form MCS-141. It shall be the sole responsibility of the motor carrier that Form MCS-141 is returned to the Federal Motor Carrier Safety Administration, in accordance with the terms prescribed thereon and in paragraphs (d) (2) and (3) of this section. A driver, if himself/herself a motor … | |||
| 49:49:5.1.1.1.3.3.1.1 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | C | Subpart C—Instrumentation | § 325.21 Scope of the rules in this subpart. | FHWA | The rules in this subpart specify criteria for sound level measurement systems which are used to make the sound level measurements specified in subpart D and subpart E of this part. | ||||
| 49:49:5.1.1.1.3.3.1.2 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | C | Subpart C—Instrumentation | § 325.23 Type of measurement systems which may be used. | FHWA | The sound level measurement system must meet or exceed the requirements of American National Standard Specification for Sound Level Meters (ANSI S1.4-1971), approved April 27, 1971, issued by the American National Standards Institute, 1 throughout the applicable frequency range for either: 1 Copies of the specification may be secured from the American National Standards Institute, 1430 Broadway, New York, New York, 10018. (a) A Type 1 sound level meter; (b) A Type 2 sound level meter; or (c) A Type S sound level meter which has— (1) A weighing frequency response; (2) Fast dynamic characteristics of its indicating instrument; and (3) A relative response level tolerance consistent with those of either a Type 1 or Type 2 sound level meter, as specified in section 3.2 of ANSI S1.4-1971. | ||||
| 49:49:5.1.1.1.3.3.1.3 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | C | Subpart C—Instrumentation | § 325.25 Calibration of measurement systems. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10227, Mar. 10, 1976] | (a)(1) The sound level measurement system must be calibrated and appropriately adjusted at one or more frequencies in the range from 250 to 1,000 Hz at the beginning of each series of measurements and at intervals of 5-15 minutes thereafter, until it has been determined that the sound level measurement system has not significantly drifted from its calibrated level. Once this fact has been established, calibrations may be made at intervals once every hour. A significant drift shall be considered to have occurred if a 0.3 dB or more excursion is noted from the system's predetermined reference calibration level. In the case of systems using displays with whole decibel increments, the operator may visually judge when the 0.3 dB drift has been met or exceeded. (2) The sound level measurement system must be checked periodically by its manufacturer, a representative of its manufacturer, or a person of equivalent special competence to verify that its accuracy meets the manufacturer's design criteria. (b) An acoustical calibrator of the microphone coupler type designed for the sound level measurement system in use shall be used to calibrate the sound level measurement system in accordance with paragraph (a) of this section. The calibration must meet or exceed the accuracy requirements specified in section 5.4.1 of the American National Standard Institute Standard Methods for Measurements of Sound Pressure Levels (ANSI S1.13-1971) for field method measurements. | |||
| 49:49:5.1.1.1.3.3.1.4 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | C | Subpart C—Instrumentation | § 325.27 Use of a windscreen. | FHWA | A properly installed windscreen, of the type recommended by the manufacturer of the Sound Level Measurement System, shall be used during the time that noise emission measurements are being taken. | ||||
| 49:49:5.1.1.1.3.4.1.1 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | D | Subpart D—Measurement of Noise Emissions; Highway Operations | § 325.31 Scope of the rules in this subpart. | FHWA | The rules in this subpart specify conditions and procedures for measurement of the sound level generated by a motor vehicle engaged in a highway operation for the purpose of ascertaining whether the motor vehicle conforms to the Standards for Highway Operations set forth in 40 CFR 202.20. | ||||
| 49:49:5.1.1.1.3.4.1.2 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | D | Subpart D—Measurement of Noise Emissions; Highway Operations | § 325.33 Site characteristics; highway operations. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 54 FR 50385, Dec. 6, 1989] | (a) Measurement shall be made at a test site which is adjacent to, and includes a portion of, a traveled lane of a public highway. A microphone target point shall be established on the centerline of the traveled lane of the highway, and a microphone location point shall be established on the ground surface not less than 31 feet (9.5 m) or more than 83 feet (25.3 m) from the microphone target point and on a line that is perpendicular to the centerline of the traveled lane of the highway and that passes through the microphone target point. In the case of a standard test site, the microphone location point is 50 feet (15.2 m) from the microphone target point. Within the test site is a triangular measurement area. A plan view diagram of a standard test site, having an open site within a 50-foot (15.2 m) radius of both the microphone target point and the microphone location point, is shown in Figure 1. Measurements may be made at a test site having smaller or greater dimensions in accordance with the rules in subpart F of this part. (b) The test site must be an open site, essentially free of large sound-reflecting objects. However, the following objects may be within the test site, including the triangular measurement area: (1) Small cylindrical objects such as fire hydrants or telephone or utility poles. (2) Rural mailboxes. (3) Traffic railings of any type of construction except solid concrete barriers (see § 325.5(c)(4)). (4) One or more curbs having a vertical height of 1 foot (.3 m) or less. (c) The following objects may be within the test site if they are outside of the triangular measurement area of the site: (1) Any vertical surface (such as billboard), regardless of size, having a lower edge more than 15 feet (4.6 m) higher than the surface of the traveled lane of the highway. (2) Any uniformly smooth sloping surface slanting away from the highway (such as a rise in grade alongside the highway) with a slope that is less than 45 degrees above the horizontal. (3) Any surface slanting away from the high… | |||
| 49:49:5.1.1.1.3.4.1.3 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | D | Subpart D—Measurement of Noise Emissions; Highway Operations | § 325.35 Ambient conditions; highway operations. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10227, Mar. 10, 1976; 41 FR 28267, July 9, 1976] | (a)(1) Sound. The ambient A-weighted sound level at the microphone location point shall be measured, in the absence of motor vehicle noise emanating from within the clear zone, with fast meter response using a sound level measurement system that conforms to the rules of § 325.23. (2) The measured ambient level must be 10 dB(A) or more below that level specified in § 325.7, Table 1, which corresponds to the maximum permissible sound level reading which is applicable at the test site at the time of testing. (b) Wind. The wind velocity at the test shall be measured at the beginning of each series of noise measurements and at intervals of 5-15 minutes thereafter until it has been established that the wind velocity is essentially constant. Once this fact has been established, wind velocity measurements may be made at intervals of once every hour. Noise measurements may only be made if the measured wind velocity is 12 mph (19.3 kph) or less. Gust wind measurements of up to 20 mph (33.2 kph) are allowed. (c) Precipitation. Measurements are prohibited under any condition of precipitation, however, measurements may be made with snow on the ground. The ground surface within the measurement area must be free of standing water. | |||
| 49:49:5.1.1.1.3.4.1.4 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | D | Subpart D—Measurement of Noise Emissions; Highway Operations | § 325.37 Location and operation of sound level measurement system; highway operations. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10227, Mar. 10, 1976] | (a) The microphone of a sound level measurement system that conforms to the rules in § 325.23 of this part shall be located at a height of not less than 2 feet (.6 m) nor more than 6 feet (1.8 M) above the plane of the roadway surface and not less than 3 1/2 feet (1.1 m) above the surface on which the microphone stands. The preferred microphone height on flat terrain is 4 feet (1.2 m). (b)(1) When the sound level measurement system is hand-held or is otherwise monitored by a person located near its microphone, the holder must orient himself/herself relative to the highway in a manner consistent with the recommendation of the manufacturer of the sound level measurement system. (2) In no case shall the holder or observer be closer than 2 feet (.6 m) from the system's microphone, nor shall he/she locate himself/herself between the microphone and the vehicle being measured. (c) The microphone of the sound level measurement system shall be oriented toward the traveled lane of the highway at the microphone target point at an angle that is consistent with the recommendation of the system's manufacturer. If the manufacturer of the system does not recommend an angle of orientation for its microphone, the microphone shall be oriented toward the highway at an angle of not less than 70 degrees and not more than perpendicular to the horizontal plane of the traveled lane of the highway at the microphone target point. (d) The sound level measurement system shall be set to the A-weighting network and “fast” meter response mode. | |||
| 49:49:5.1.1.1.3.4.1.5 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | D | Subpart D—Measurement of Noise Emissions; Highway Operations | § 325.39 Measurement procedure; highway operations. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10227, Mar. 10, 1976] | (a) In accordance with the rules in this subpart, a measurement shall be made of the sound level generated by a motor vehicle operating through the measurement area on the traveled lane of the highway within the test site, regardless of the highway grade, load, acceleration or deceleration. (b) The sound level generated by the motor vehicle is the highest reading observed on the sound level measurement system as the vehicle passes through the measurement area, corrected, when appropriate, in accordance with the rules in subpart F of this part. (Table 1 in § 325.7 lists the range of maximum permissible sound level readings for various test conditions.) The sound level of the vehicle being measured must be observed to rise at least 6 dB(A) before the maximum sound level occurs and to fall at least 6 dB(A) after the maximum sound level occurs in order to be considered a valid sound level reading. | |||
| 49:49:5.1.1.1.3.5.1.1 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | E | Subpart E—Measurement of Noise Emissions; Stationary Test | § 325.51 Scope of the rules in this subpart. | FHWA | (a) The rules in this subpart specify conditions and procedures for measuring the sound level generated by a vehicle when the vehicle's engine is rapidly accelerated from idle to governed speed at wide open throttle with the vehicle stationary, its transmission in neutral, and its clutch engaged, for the purpose of ascertaining whether the motor vehicle conforms to the Standard for Operation Under Stationary Test, 40 CFR 202.21. (b) The rules in this subpart apply only to a motor vehicle that is equipped with an engine speed governor. (c) Tests conducted in accordance with the rules of this subpart may be made on either side of the vehicle. | ||||
| 49:49:5.1.1.1.3.5.1.2 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | E | Subpart E—Measurement of Noise Emissions; Stationary Test | § 325.53 Site characteristics; stationary test. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10227, Mar. 10, 1976; 54 FR 50385, Dec. 6, 1989] | (a)(1) The motor vehicle to be tested shall be parked on the test site. A microphone target point shall be established on the ground surface of the site on the centerline of the lane in which the motor vehicle is parked at a point that is within 3 feet (.9 m) of the longitudinal position of the vehicle's exhaust system outlet(s). A microphone location point shall be established on the ground surface not less than 31 feet (9.5 m) and not more than 83 feet (25.3 m) from the microphone target point. Within the test site is a triangular measurement area. A plan view diagram of a standard test site, having an open site within a 50-foot (15.2 m) radius of both the microphone target point and the microphone location point, is shown in Figure 2. (2) Measurements may be made at a test site having smaller or greater dimensions in accordance with the rules in subpart F of this part. (b) The test site must be an open site, essentially free of large sound-reflecting objects. However, the following objects may be within the test site, including the triangular measurement area: (1) Small cylindrical objects such as fire hydrants or telephone or utility poles. (2) Rural mailboxes. (3) Traffic railings of any type of construction except solid concrete barriers (see § 325.5(c)(4)). (4) One or more curbs having a height of 1 foot (.3 m) or less. (c) The following objects may be within the test site if they are outside of the triangular measurement area of the site: (1) Any vertical surface, regardless of size (such as a billboard), having a lower edge more than 15 feet (4.6 m) above the ground. (2) Any uniformly smooth surface slanting away from the vehicle with a slope that is less than 45 degrees above the horizontal. (3) Any surface slanting away from the vehicle that is 45 degrees or more and not more than 90 degrees above the horizontal, if all points on the surface are more than 15 feet (4.6 m) above the surface of the ground in the test site. (d) The surface of the ground within the measurement area must be relati… | |||
| 49:49:5.1.1.1.3.5.1.3 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | E | Subpart E—Measurement of Noise Emissions; Stationary Test | § 325.55 Ambient conditions; stationary test. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 41 FR 28267, July 9, 1976] | (a)(1) Sound. The ambient A-weighted sound level at the microphone location point shall be measured, in the absence of motor vehicle noise emanating from within the clear zone, with fast meter response using a sound level measurement system that conforms to the rules of § 325.23. (2) The measured ambient level must be 10 dB(A) or more below that level specified in § 325.7, Table 1, which corresponds to the maximum permissible sound level reading which is applicable at the test site at the time of testing. (b) Wind. The wind velocity at the test site shall be measured at the beginning of each series of noise measurements and at intervals of 5-15 minutes thereafter until it has been established that the wind velocity is essentially constant. Once this fact has been established, wind velocity measurements may be made at intervals of once every hour. Noise measurements may only be made if the measured wind velocity is 12 mph (19.3 kph) or less. Gust wind measurements of up to 20 mph (33.2 kph) are allowed. (c) Precipitation. Measurements are prohibited under any conditions of precipitation, however, measurements may be made with snow on the ground. The ground within the measurement area must be free of standing water. | |||
| 49:49:5.1.1.1.3.5.1.4 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | E | Subpart E—Measurement of Noise Emissions; Stationary Test | § 325.57 Location and operation of sound level measurement systems; stationary test. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10227, Mar. 10, 1976] | (a) The microphone of a sound level measurement system that conforms to the rules in § 325.23 shall be located at a height of not less than 2 feet (.6 m) nor more than 6 feet (1.8 m) above the plane of the roadway surface and not less than 3 1/2 feet (1.1 m) above the surface on which the microphone stands. The preferred microphone height on flat terrain is 4 feet (1.2 m). (b) When the sound level measurement system is hand-held or otherwise monitored by a person located near its microphone, the holder must orient himself/herself relative to the highway in a manner consistent with the recommendation of the manufacturer of the sound level measurement system. In no case shall the holder or observer be closer than 2 feet (.6 m) from the system's microphone, nor shall he/she locate himself/herself between the microphone and the vehicle being measured. (c) The microphone of the sound level measurement system shall be oriented toward the vehicle at an angle that is consistent with the recommendation of the system's manufacturer. If the manufacturer of the system does not recommend an angle of orientation for its microphone, the microphone shall be oriented at an angle of not less than 70 degrees and not more than perpendicular to the horizontal plane of the test site at the microphone target point. (d) The sound level measurement system shall be set to the A-weighting network and “fast” meter response mode. | |||
| 49:49:5.1.1.1.3.5.1.5 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | E | Subpart E—Measurement of Noise Emissions; Stationary Test | § 325.59 Measurement procedure; stationary test. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10226, Mar. 10, 1976] | In accordance with the rules in this subpart, a measurement shall be made of the sound level generated by a stationary motor vehicle as follows: (a) Park the motor vehicle on the test site as specified in § 325.53 of this subpart. If the motor vehicle is a combination (articulated) vehicle, park the combination so that the longitudinal centerlines of the towing vehicle and the towed vehicle or vehicles are in substantial alinement. (b) Turn off all auxiliary equipment which is installed on the motor vehicle and which is designed to operate under normal conditions only when the vehicle is operating at a speed of 5 mph (8 kph) or less. Examples of such equipment include cranes, asphalt spreaders, liquid or slurry pumps, auxiliary air compressors, welders, and trash compactors. (c) If the motor vehicle's engine radiator fan drive is equipped with a clutch or similar device that automatically either reduces the rotational speed of the fan or completely disengages the fan from its power source in response to reduced engine cooling loads, park the vehicle before testing with its engine running at high idle or any other speed the operator may choose, for sufficient time but not more than 10 minutes, to permit the engine radiator fan to automatically disengage when the vehicle's noise emissions are measured under stationary test. (d) With the motor vehicle's transmission in neutral and its clutch engaged, rapidly accelerate the vehicle's engine from idle to its maximum governed speed with wide open throttle. Return the engine's speed to idle. (e) Observe the maximum reading on the sound level measurement system during the time the procedures specified in paragraph (d) of this section are followed. Record that reading, if the reading has not been influenced by extraneous noise sources such as motor vehicles operating on adjacent roadways. (f) Repeat the procedures specified in paragraphs (d) and (e) of this section until the first two maximum sound level readings that are within 2 dB(A) of each other are recorded. N… | |||
| 49:49:5.1.1.1.3.6.1.1 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | F | Subpart F—Correction Factors | § 325.71 Scope of the rules in this subpart. | FHWA | (a) The rules in this subpart specify correction factors which are added to, or subtracted from, the reading of the sound level generated by a motor vehicle, as displayed on a sound level measurement system, during the measurement of the motor vehicle's sound level emissions at a test site which is not a standard site. (b) The purpose of adding or subtracting a correction factor is to equate the sound level reading actually generated by the motor vehicle to the sound level reading it would have generated if the measurement had been made at a standard test site. | ||||
| 49:49:5.1.1.1.3.6.1.2 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | F | Subpart F—Correction Factors | § 325.73 Microphone distance correction factors. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 54 FR 50385, Dec. 6, 1989] | 1 Table 1, in § 325.7 is a tabulation of the maximum allowable sound level readings taking into account both the distance correction factors contained in § 325.73 and the ground surface correction factors contained in § 325.75. If the distance between the microphone location point and the microphone target point is other than 50 feet (15.2 m), the maximum observed sound level reading generated by the motor vehicle in accordance with § 325.39 of this part or the numerical average of the recorded maximum observed sound level readings generated by the motor vehicle in accordance with § 325.59 of this part shall be corrected as specified in the following table: Table 2—Distance Correction Factors | |||
| 49:49:5.1.1.1.3.6.1.3 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | F | Subpart F—Correction Factors | § 325.75 Ground surface correction factors. | FHWA | 1 Table 1, in § 325.7 is a tabulation of the maximum allowable sound level readings taking into account both the distance correction factors contained in § 325.73 and the ground surface correction factors contained in § 325.75. (a) Highway operations. When measurements are made in accordance with the rules in subpart D of this part upon a test site which is “hard,” a correction factor of 2 dB(A) shall be subtracted from the maximum observed sound level reading generated by the motor vehicle to determine whether the motor vehicle conforms to the Standards for Highway Operations, 40 CFR 202.20. (b) Stationary test. When measurements are made in accordance with the rules in subpart E of this part upon a test site which is “soft,” a correction factor of 2 dB(A) shall be added to the numerical average of the recorded maximum observed sound level readings generated by the motor vehicle to determine whether the motor vehicle conforms to the Standard for Operation Under Stationary Test, 40 CFR 202.21. | ||||
| 49:49:5.1.1.1.3.6.1.4 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | F | Subpart F—Correction Factors | § 325.77 Computation of open site requirements—nonstandard sites. | FHWA | (a) If the distance between the microphone location point and the microphone target point is other than 50 feet (15.2 m), the test site must be an open site within a radius from both points which is equal to the distance between the microphone location point and the microphone target point. (b) Plan view diagrams of nonstandard test sites are shown in Figures 3 and 4. Figure 3 illustrates a test site which is larger than a standard test site and is based upon a 60-foot (18.3 m) distance between the microphone location point and the microphone target point. (See § 325.79(b)(1) for an example of the application of the correction factor to a sound level reading obtained at such a site.) Figure 4 illustrates a test site which is smaller than a standard test site and is based upon a 35-foot (10.7 m) distance between the microphone location point and the microphone target point. (See § 325.79(b)(2) for an example of the application of the correction factor to a sound level reading obtained at such a site.) | ||||
| 49:49:5.1.1.1.3.6.1.5 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | F | Subpart F—Correction Factors | § 325.79 Application of correction factors. | FHWA | (a) If two correction factors apply to a measurement they are applied cumulatively. (b) The following examples illustrate the application of correction factors to sound level measurement readings: (1) Example 1—Highway operations. Assume that a motor vehicle generates a maximum observed sound level reading of 86 dB(A) during a measurement in accordance with the rules in subpart D of this part. Assume also that the distance between the microphone location point and the microphone target point is 60 feet (18.3 m) and that the measurement area of the test site is acoustically “hard.” The corrected sound level generated by the motor vehicle would be 85 dB(A), calculated as follows: 86 dB(A) Uncorrected reading + 1 dB(A) Distance correction factor −2 dB(A) Ground surface correction factor __________ 85 dB(A) Corrected reading 86 dB(A) Uncorrected reading + 1 dB(A) Distance correction factor −2 dB(A) Ground surface correction factor __________ 85 dB(A) Corrected reading (2) Example 2—Stationary test. Assume that a motor vehicle generates maximum sound level readings which average 88 dB(A) during a measurement in accordance with the rules in subpart E of this part. Assume also that the distance between the microphone location point and the microphone target point is 35 feet (10.7 m), and that the measurement area of the test site is acoustically “soft.” The corrected sound level generated by the motor vehicle would be 87 dB(A), calculated as follows: 88 dB(A) Uncorrected average of readings −3 dB(A) Distance correction factor + 2 dB(A) Ground surface correction factor __________ 87 dB(A) Corrected reading 88 dB(A) Uncorrected average of readings −3 dB(A) Distance correction factor + 2 dB(A) Ground surface correction factor __________ 87 dB(A) Corrected reading | ||||
| 49:49:5.1.1.1.3.7.1.1 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | G | Subpart G—Exhaust Systems and Tires | § 325.91 Exhaust systems. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 75 FR 57193, Sept. 20, 2010] | A motor vehicle does not conform to the visual exhaust system inspection requirements, 40 CFR 202.22, of the Interstate Motor Carrier Noise Emission Standards, if inspection of the exhaust system of the motor vehicle discloses that the system— (a) Has a defect which adversely affects sound reduction, such as exhaust gas leaks or alteration or deterioration of muffler elements, (small traces of soot on flexible exhaust pipe sections shall not constitute a violation of this subpart); (b) Is not equipped with either a muffler or other noise dissipative device; or (c) Is equipped with a cut-out, by-pass, or similar device, unless such device is designed as an exhaust gas driven cargo unloading system. | |||
| 49:49:5.1.1.1.3.7.1.2 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | G | Subpart G—Exhaust Systems and Tires | § 325.93 Tires. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 60 FR 38743, July 28, 1995; 66 FR 49869, Oct. 1, 2001] | (a) Except as provided in paragraph (b) of this section, a motor vehicle does not conform to the visual tire inspection requirements, 40 CFR 202.23, of the Interstate Motor Carrier Noise Emissions Standards, if inspection of any tire on which the vehicle is operating discloses that the tire has a tread pattern composed primarily of cavities in the tread (excluding sipes and local chunking) which are not vented by grooves to the tire shoulder or circumferentially to each other around the tire. (b) Paragraph (a) of this section does not apply to a motor vehicle operated on a tire having a tread pattern of the type specified in that paragraph, if the motor carrier who operates the motor vehicle demonstrates to the satisfaction of the Administrator or his/her designee that either— (1) The tire did not have that type of tread pattern when it was originally manufactured or newly remanufactured; or (2) The motor vehicle generates a maximum sound level reading of 90 dB(A) or less when measured at a standard test site for highway operations at a distance of 15.3 meters (50 feet) and under the following conditions: (i) The measurement must be made at a time and place and under conditions specified by the Administrator or his/her designee. (ii) The motor vehicle must be operated on the same tires that were installed on it when the inspection specified in paragraph (a) of this section occurred. (iii) The motor vehicle must be operated on a highway having a posted speed limit of more than 56.3 kph (35 mph). (iv) The sound level measurement must be made while the motor vehicle is operating at the posted speed limit. | |||
| 49:49:5.1.1.2.10.0.1.1 | 49 | Transportation | III | B | 368 | PART 368—APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH MUNICIPALITIES. | § 368.1 Certificate of registration. | FHWA | (a) A Mexico-domiciled motor carrier must apply to the FMCSA and receive a Certificate of Registration to provide interstate transportation in municipalities in the United States on the United States-Mexico international border or within the commercial zones of such municipalities as defined in 49 U.S.C. 13902(c)(4)(A). (b) A certificate of registration permits only interstate transportation of property in municipalities in the United States on the United States-Mexico international border or within the commercial zones of such municipalities. A holder of a Certificate of Registration who operates a vehicle beyond this area is subject to applicable penalties and out-of-service orders. | ||||||
| 49:49:5.1.1.2.10.0.1.10 | 49 | Transportation | III | B | 368 | PART 368—APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH MUNICIPALITIES. | § 368.7 Requirement to carry certificate of registration in the vehicle. | FHWA | A holder of a Certificate of Registration must maintain a copy of the Certificate of Registration in any vehicle providing transportation service within the scope of the Certificate, and make it available upon request to any State or Federal authorized inspector or enforcement officer. | ||||||
| 49:49:5.1.1.2.10.0.1.11 | 49 | Transportation | III | B | 368 | PART 368—APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH MUNICIPALITIES. | § 368.8 Appeals. | FHWA | [80 FR 63707, Oct. 21, 2015, as amended at 86 FR 57068, Oct. 14, 2021] | An applicant has the right to appeal denial of the application. The appeal must be in writing and specify in detail why the Agency's decision to deny the application was wrong. The appeal must be filed with FMCSA, ATTN: § 368.8 Appeal, 1200 New Jersey Avenue SE, Washington, DC 20590, within 20 days of the date of the letter denying the application. | |||||
| 49:49:5.1.1.2.10.0.1.12 | 49 | Transportation | III | B | 368 | PART 368—APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH MUNICIPALITIES. | § 368.8T Appeals. | FHWA | [82 FR 5304, Jan. 17, 2017, as amended at 86 FR 57068, Oct. 14, 2021] | An applicant has the right to appeal denial of the application. The appeal must be in writing and specify in detail why the agency's decision to deny the application was wrong. The appeal must be filed with FMCSA, ATTN: § 368.8 Appeal, 1200 New Jersey Avenue SE, Washington, DC 20590, within 20 days of the date of the letter denying the application. The decision will be the final agency order. | |||||
| 49:49:5.1.1.2.10.0.1.2 | 49 | Transportation | III | B | 368 | PART 368—APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH MUNICIPALITIES. | § 368.2 Definitions. | FHWA | Interstate transportation means transportation described at 49 U.S.C. 13501, and transportation in the United States otherwise exempt from the Secretary's jurisdiction under 49 U.S.C. 13506(b)(1). Mexico-domiciled motor carrier means a motor carrier of property whose principal place of business is located in Mexico. | ||||||
| 49:49:5.1.1.2.10.0.1.3 | 49 | Transportation | III | B | 368 | PART 368—APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH MUNICIPALITIES. | § 368.3 Applying for a certificate of registration. | FHWA | [67 FR 12660, Mar. 19, 2002, as amended by 78 FR 52648, Aug. 23, 2013; 80 FR 63706, Oct. 21, 2015; 88 FR 80179, Nov. 17, 2023] | (a) If you wish to obtain a certificate of registration under this part, you must electronically file an application that includes the following: (1) Form MCSA-1—URS online application. (2) Form BOC-3—Designation of Agents—Motor Carriers, Brokers and Freight Forwarders or indicate on the application that the applicant will use a process agent service that will submit the Form BOC-3 electronically. (b) The FMCSA will only process your application for a Certificate of Registration if it meets the following conditions: (1) The application must be completed in English; (2) The information supplied must be accurate and complete in accordance with the instructions to Form MCSA-1, the URS online application, and Form BOC-3. (3) The application must include all the required supporting documents and applicable certifications set forth in the instructions to Form MCSA-1, the URS online application, and Form BOC-3. (c) If you fail to furnish the complete application as described under paragraph (b) of this section your application may be rejected. (d) If you submit false information under this section, you will be subject to applicable Federal penalties. (e) [Reserved] (f) Form MCSA-1 is the URS online application and is available, including complete instructions, from the FMCSA website at https://www.fmcsa.dot.gov/urs . | |||||
| 49:49:5.1.1.2.10.0.1.4 | 49 | Transportation | III | B | 368 | PART 368—APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH MUNICIPALITIES. | § 368.3-1T Starting the application process: URS online application. | FHWA | [82 FR 5303, Jan. 17, 2017, as amended at 88 FR 80179, Nov. 17, 2023] | (a) Notwithstanding any other provision of this part, new applicants as defined in paragraph (b) of this section must apply for a USDOT number and operating authority by electronically filing Form MCSA-1, the URS online application (available at http://www.fmcsa.dot.gov/urs ) to request authority pursuant to 49 U.S.C. 13902 to provide interstate transportation in municipalities in the United States on the United States-Mexico international border or within the commercial zones of such municipalities as defined in 49 U.S.C. 13902(c)(4)(A). (b) For purposes of this section, a “new applicant” is an citizen of Mexico or a motor carrier owned or controlled by a citizen of Mexico, applying for a USDOT number and operating authority who does not at the time of application have an active registration or USDOT, Motor Carrier (MC), Mexico owned or controlled (MX) or Freight Forwarder (FF) number, and who has never had an active registration or USDOT, MC, MX, or FF number. (c) Form MCSA-1, is the URS online application, and both the application and its instructions are available from the FMCSA website at https://www.fmcsa.dot.gov/urs. | |||||
| 49:49:5.1.1.2.10.0.1.5 | 49 | Transportation | III | B | 368 | PART 368—APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH MUNICIPALITIES. | § 368.3T Applying for a certificate of registration. | FHWA | [82 FR 5303, Jan. 17, 2017, as amended at 88 FR 80179, Nov. 17, 2023] | (a) If you wish to obtain a certificate of registration under this part, you must submit an application that includes the following: (1) Form OP-2—Application for Mexican Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers Under 49 U.S.C. 13902; (2) Form MCS-150—Motor Carrier Identification Report; and (3) A notification of the means used to designate process agents, either by submission in the application package of Form BOC-3—Designation of Agents—Motor Carriers, Brokers and Freight Forwarders or a letter stating that the applicant will use a process agent service that will submit the Form BOC-3 electronically. (b) The FMCSA will only process your application for a Certificate of Registration if it meets the following conditions: (1) The application must be completed in English; (2) The information supplied must be accurate and complete in accordance with the instructions to the Form OP-2, Form MCS-150 and Form BOC-3; (3) The application must include all the required supporting documents and applicable certifications set forth in the instructions to the Form OP-2, Form MCS-150 and Form BOC-3; (4) The application must include the filing fee payable to the FMCSA in the amount set forth in 49 CFR 360.3T(f)(1); and (5) The application must be signed by the applicant. (c) If you fail to furnish the complete application as described under paragraph (b) of this section your application may be rejected. (d) If you submit false information under this section, you will be subject to applicable Federal penalties. (e) You must submit the application to the address provided in the instructions to the Form OP-2. (f) You may obtain the application described in paragraph (a) of this section from any FMCSA Division Office or download it from the FMCSA website at: https://www.fmcsa.dot.gov/factsfigs/formspubs.htm. | |||||
| 49:49:5.1.1.2.10.0.1.6 | 49 | Transportation | III | B | 368 | PART 368—APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH MUNICIPALITIES. | § 368.4 Requirement to notify FMCSA of change in applicant information. | FHWA | [67 FR 12660, Mar. 19, 2002, as amended by 80 FR 63707, Oct. 21, 2015] | (a) You must notify FMCSA of any changes or corrections to the information in Section A of Form MCSA-1—FMCSA Registration/Update (USDOT Number—Operating Authority Application), or the Form BOC-3, Designation of Agents-Motor Carriers, Brokers and Freight Forwarders, during the application process or while you have a Certificate of Registration. You must notify FMCSA in writing within 30 days of the change or correction. (b) If you fail to comply with paragraph (a) of this section, the FMCSA may suspend or revoke the Certificate of Registration until you meet those requirements. | |||||
| 49:49:5.1.1.2.10.0.1.7 | 49 | Transportation | III | B | 368 | PART 368—APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH MUNICIPALITIES. | § 368.4T Requirement to notify FMCSA of change in applicant information. | FHWA | [82 FR 5303, Jan. 17, 2017] | (a) You must notify the FMCSA of any changes or corrections to the information in Parts I, IA or II submitted on the Form OP-2 or the Form BOC-3—Designation of Agents—Motor Carriers, Brokers and Freight Forwarders during the application process or while you have a Certificate of Registration. You must notify the FMCSA in writing within 45 days of the change or correction. (b) If you fail to comply with paragraph (a) of this section, the FMCSA may suspend or revoke the Certificate of Registration until you meet those requirements. | |||||
| 49:49:5.1.1.2.10.0.1.8 | 49 | Transportation | III | B | 368 | PART 368—APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH MUNICIPALITIES. | § 368.5 Re-registration of certain carriers holding certificates of registration. | FHWA | (a) Each holder of a certificate of registration that permits operations only in municipalities in the United States along the United States-Mexico international border or in commercial zones of such municipalities issued before April 18, 2002, who wishes to continue solely in those operations must submit an application according to procedures established under § 368.3 of this part, except the filing fee in paragraph (b)(4) of that section is waived. You must file your application by October 20, 2003. (b) The FMCSA may suspend or revoke the certificate of registration of any registrant that fails to comply with the procedures set forth in this section. (c) Certificates of registration issued before April 18, 2002, remain valid until the FMCSA acts on the OP-2 application filed according to paragraph (a) of this section. | ||||||
| 49:49:5.1.1.2.10.0.1.9 | 49 | Transportation | III | B | 368 | PART 368—APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH MUNICIPALITIES. | § 368.6 FMCSA action on the application. | FHWA | (a) The Federal Motor Carrier Safety Administration will review the application for correctness, completeness, and adequacy of information. Non-material errors will be corrected without notice to the applicant. Incomplete applications may be rejected. (b) If the applicant does not require or is not eligible for a Certificate of Registration, the FMCSA will deny the application and notify the applicant. (c) The FMCSA will validate the accuracy of information and certifications provided in the application against data maintained in databases of the governments of Mexico and the United States. (d) If the FMCSA determines that the application and certifications demonstrate that the application is consistent with the FMCSA's safety fitness policy, it will issue a provisional Certificate of Registration, including a distinctive USDOT Number that identifies the motor carrier as permitted to provide interstate transportation of property solely in municipalities in the United States on the U.S.-Mexico international border or within the commercial zones of such municipalities. (e) The FMCSA may issue a permanent Certificate of Registration to the holder of a provisional Certificate of Registration no earlier than 18 months after the date of issuance of the Certificate and only after completion to the satisfaction of the FMCSA of the safety monitoring system for Mexico-domiciled carriers set out in subpart B of part 385 of this subchapter. (f) Notice of the authority sought will not be published in either the Federal Register or the FMCSA Register. Protests or comments will not be allowed. There will be no oral hearings. | ||||||
| 49:49:5.1.1.2.11.0.1.1 | 49 | Transportation | III | B | 369 | PART 369—REPORTS OF MOTOR CARRIERS | § 369.1 Annual reports of for-hire, non-exempt motor carriers of property, motor carriers of household goods, and dual property carriers. | FHWA | [64 FR 13921, Mar. 23, 1999. Redesignated at 71 FR 45742, Aug. 10, 2006, and amended at 71 FR 45743, Aug. 10, 2006; 78 FR 76245, Dec. 17, 2013; 81 FR 68344, Oct. 4, 2016; 88 FR 80179, Nov. 17, 2023; 89 FR 90618, Nov. 18, 2024] | (a) Annual Report Form M. All class I and class II for-hire, non-exempt motor carriers of property, including household goods and dual property motor carriers, must file Motor Carrier Annual Report Form M (Form M). Carriers must file the annual report on or before March 31 of the year following the year to which it relates. For classification criteria, see § 369.2. (b) Where to file report. Carriers must file the annual report with the Federal Motor Carrier Safety Administration at the address in § 369.6. Blank copies of the report form are available at the Federal Motor Carrier Safety Administration website https://www.fmcsa.dot.gov/mission/form-m. | |||||
| 49:49:5.1.1.2.11.0.1.2 | 49 | Transportation | III | B | 369 | PART 369—REPORTS OF MOTOR CARRIERS | § 369.2 Classification of carriers—for-hire, non-exempt motor carriers of property, household goods carriers, and dual property carriers. | FHWA | [52 FR 10383, Apr. 1, 1987, as amended at 59 FR 5111, Feb. 3, 1994; 59 FR 49848, Sept. 30, 1994. Redesignated at 63 FR 52193, Sept. 30, 1998, and amended at 64 FR 13921, 13922, Mar. 23, 1999; 68 FR 4719, Jan. 30, 2003. Redesignated at 71 FR 45742, Aug. 10, 2006, and amended at 71 FR 45743, Aug. 10, 2006; 78 FR 58478, Sept. 24, 2013; 81 FR 68345, Oct. 4, 2016] | (a) For-hire, non-exempt motor carriers of property are grouped into the following three classes: Class I. Carriers having annual carrier operating revenues (including interstate and intrastate) of $10 million or more after applying the revenue deflator formula in Note A. Class II. Carriers having annual carrier operating revenues (including interstate and intrastate) of at least $3 million but less than $10 million after applying the revenue deflator formula in Note A. Class III. Carriers having annual carrier operating revenues (including interstate and intrastate) of less than $3 million after applying the revenue deflator formula in Note A. (b)(1) The class to which any carrier belongs shall be determined by annual carrier operating revenues (excluding revenues from private carriage, compensated intercorporate hauling, and leasing vehicles with drivers to private carriers) after applying the revenue deflator formula in Note A. Upward and downward classification will be effective as of January 1 of the year immediately following the third consecutive year of revenue qualification. (2) Any carrier which begins new operations by obtaining operating authority not previously held or extends its existing authority by obtaining additional operating rights shall be classified in accordance with a reasonable estimate of its annual carrier operating revenues after applying the revenue deflator formula shown in Note A. (3) When a business combination occurs such as a merger, reorganization, or consolidation, the surviving carrier shall be reclassified effective as of January 1 of the next calendar year on the basis of the combined revenues for the year when the combination occurred after applying the revenue deflator formula shown in Note A. (4) Carriers must notify the Federal Motor Carrier Safety Administration (FMCSA) of any change in classification or any change in annual operating revenues that would cause a change in classification. The carrier may request a waiver or an exception from these regulations … | |||||
| 49:49:5.1.1.2.11.0.1.3 | 49 | Transportation | III | B | 369 | PART 369—REPORTS OF MOTOR CARRIERS | § 369.3 Classification of carriers—for-hire, non-exempt motor carriers of passengers. | FHWA | [53 FR 4029, Feb. 11, 1988. Redesignated at 63 FR 52193, Sept. 30, 1998, and amended at 68 FR 4719, Jan. 30, 2003. Redesignated at 71 FR 45742, Aug. 10, 2006, and amended at 71 FR 45743, Aug. 10, 2006; 78 FR 58478, Sept. 24, 2013; 81 FR 68345, Oct. 4, 2016] | (a) For-hire, non-exempt motor carriers of passengers are grouped into the following two classes: Class I—Carriers having average annual gross transportation operating revenues (including interstate and intrastate) of $5 million or more from passenger motor carrier operations after applying the revenue deflator formula as shown in the Note. Class II—Carriers having average annual gross transportation operating revenues (including interstate or intrastate) of less than $5 million from passenger motor carrier operations after applying the revenue deflator formula as shown in the Note. (b)(1) The class to which any carrier belongs shall be determined by annual carrier operating revenues after applying the revenue deflator formula as shown in the Note. Upward and downward reclassification will be effective as of January 1 of the year immediately following the third consecutive year of revenue qualification. (2) Any carrier which begins new operations (obtains operating authority not previously held) or extends its existing authority (obtains additional operating rights) shall be classified in accordance with a reasonable estimate of its annual carrier operating revenues after applying the revenue deflator formula shown in the Note. (3) When a business combination occurs, such as a merger, reorganization, or consolidation, the surviving carrier shall be reclassified effective as of January 1 of the next calendar year on the basis of the combined revenues for the year when the combination occurred after applying the revenue deflator formula shown in the Note. (4) Carriers shall notify the FMCSA of any change in classification or when their annual operating revenues exceed the Class II limit by writing to the Federal Motor Carrier Safety Administration at the address in § 369.6. In unusual circumstances where the classification regulations and reporting requirements will unduly burden the carrier, the carrier may request from the FMCSA a waiver from these regulations. This request shall be in writing specifying th… | |||||
| 49:49:5.1.1.2.11.0.1.4 | 49 | Transportation | III | B | 369 | PART 369—REPORTS OF MOTOR CARRIERS | § 369.4 Annual reports of Class I carriers of passengers. | FHWA | [78 FR 76245, Dec. 17, 2013, as amended at 89 FR 90618, Nov. 18, 2024] | (a) All Class I motor carriers of passengers shall complete and file Motor Carrier Annual Report Form MP-1 for Motor Carriers of Passengers (Form MP-1). (b) Accounting period. (1) Motor Carrier Annual Report Form MP-1 shall be used to file annual selected motor carrier data. (2) The annual accounting period shall be based either: (i) On the 31st day of December in each year, or (ii) An accounting year of 13 4-week periods ending at the close of the last 7 days of each calendar year. (3) A carrier electing to adopt an accounting year of 13 4-week periods shall file with the FMCSA a statement showing the day on which its accounting year will close. A subsequent change in the accounting period may not be made except by authority of the FMCSA. (c) Where to file report. The annual report shall be filed on or before March 31 of the year following the year to which it relates. The annual report shall be filed with the Federal Motor Carrier Safety Administration at the address in § 369.6. Blank copies of the report form are available at the Federal Motor Carrier Safety Administration website https://www.fmcsa.dot.gov/registration/form-mp-1-annual-report-form-and-worksheet-class-i-motor-carriers-passengers. | |||||
| 49:49:5.1.1.2.11.0.1.5 | 49 | Transportation | III | B | 369 | PART 369—REPORTS OF MOTOR CARRIERS | § 369.5 Records. | FHWA | [52 FR 10383, Apr. 1, 1987. Redesignated at 63 FR 52193, Sept. 30, 1998. Redesignated at 71 FR 45742, Aug. 10, 2006, and amended at 71 FR 45743, Aug. 10, 2006] | Books, records and carrier operating documents shall be retained as prescribed in 49 CFR part 379, Preservation of Records. | |||||
| 49:49:5.1.1.2.11.0.1.6 | 49 | Transportation | III | B | 369 | PART 369—REPORTS OF MOTOR CARRIERS | § 369.6 Address. | FHWA | [64 FR 13923, Mar. 23, 1999, as amended at 68 FR 4719, Jan. 30, 2003. Redesignated at 71 FR 45742, Aug. 10, 2006, and amended at 71 FR 45743, Aug. 10, 2006; 72 FR 55699, Oct. 1, 2007; 79 FR 59455, Oct. 2, 2014] | The following address must be used by motor carriers when submitting a report, requesting an exemption from filing a report, or requesting an exemption from public release of a report: Federal Motor Carrier Safety Administration, Office of Registration and Safety Information (MC-RS), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. This address may also be used for general correspondence regarding the data collection program described in this section. | |||||
| 49:49:5.1.1.2.11.0.1.7 | 49 | Transportation | III | B | 369 | PART 369—REPORTS OF MOTOR CARRIERS | § 369.8 Requests for exemptions from filing. | FHWA | [64 FR 13922, Mar. 23, 1999. Redesignated at 71 FR 45742, Aug. 10, 2006, and amended at 71 FR 45743, Aug. 10, 2006; 78 FR 76245, Dec. 17, 2013] | (a) General. This section governs requests for exemptions from filing of the report required under § 369.1. (b) Criteria. The Federal Motor Carrier Safety Administration (FMCSA) may grant a request upon a proper showing that the exemption is necessary to preserve confidential business information that is not otherwise publicly available. Information is considered to be confidential when: (1) Disclosure of the information in the carrier's report would be likely to cause substantial harm to the carrier's competitive position; or (2) Disclosure of information in the report would be likely to impair protectable government interests. (c) Contents of a request. The contents of a request for an exemption from filing must contain, at a minimum, the contents that are required for a request for an exemption from public release contained in § 369.9(c). A carrier's request may include any other grounds as to why the request should be granted. (d) When requests are due. The timing of a request for an exemption from filing is the same as the timing for a request for an exemption from public release contained in § 369.9(d). For Annual Form M, both the report and the request are due by March 31 of the year following the year to which it relates. (e) Decision to grant or deny a request. (1) A request will be denied if it fails to provide all of the supporting information required in paragraph (c) of this section or if the supporting information is insufficient to establish that information in the carrier's report meets the criteria in paragraph (b) of this section. (2) FMCSA will grant or deny each request within a reasonable period of time. FMCSA will notify the carrier of its decision. The decision by FMCSA shall be administratively final. (f) Pendency. While a request is pending, the carrier is required to submit any reports required under § 369.1. (g) Period of exemptions. If a request for an exemption under this section is granted, the carrier will be exempt from the reporting requirements of § 369.1 f… | |||||
| 49:49:5.1.1.2.11.0.1.8 | 49 | Transportation | III | B | 369 | PART 369—REPORTS OF MOTOR CARRIERS | § 369.9 Requests for exemptions from public release. | FHWA | [64 FR 13922, Mar. 23, 1999. Redesignated at 71 FR 45742, Aug. 10, 2006, and amended at 71 FR 45743, Aug. 10, 2006; 78 FR 76245, Dec. 17, 2013] | (a) General. This section governs requests for exemptions from public release of the report required under § 369.1. (b) Criteria. The Federal Motor Carrier Safety Administration (FMCSA) will grant a request upon a proper showing that the carrier is not a publicly held corporation or that the carrier is not subject to financial reporting requirements of the Securities and Exchange Commission, and that the exemption is necessary to avoid competitive harm and to avoid the disclosure of information that qualifies as trade secret or privileged or confidential information under 5 U.S.C. 552(b)(4). Information is considered to be confidential when: (1) Disclosure of the information in the carrier's report would be likely to cause substantial harm to the carrier's competitive position; or (2) Disclosure of information in the report would be likely to impair protectable government interests. (c) Contents of a request. A request for an exemption from public release must contain information supporting the claim. While the supporting information may contain opinions, the request must consist of objective data to the extent possible. General or nonspecific assertions or analysis will be insufficient to support a request if FMCSA is unable to find that the criteria are met. The supporting information must show: (1) That the information claimed to be confidential is a trade secret, or commercial or financial information that is privileged or confidential. (2) Measures taken by the carrier to ensure that the information has not been disclosed or otherwise made available to any person, company, or organization other then the carrier. (3) Insofar as is known by the carrier, the extent to which the information has been disclosed, or otherwise become available, to persons other than the carrier, and why such disclosure or availability does not compromise the confidential nature of the information. (4) If the carrier asserts that disclosure would be likely to result in substantial competitive harm, what the harmful effe… | |||||
| 49:49:5.1.1.2.11.0.1.9 | 49 | Transportation | III | B | 369 | PART 369—REPORTS OF MOTOR CARRIERS | § 369.10 Public release of motor carrier of property data. | FHWA | [64 FR 13923, Mar. 23, 1999, as amended at 68 FR 4719, Jan. 30, 2003. Redesignated at 71 FR 45742, Aug. 10, 2006, and amended at 71 FR 45743, Aug. 10, 2006] | (a) In general. Unless otherwise provided in this section, the data contained in a report filed under § 369.1 shall be made publicly available, but no sooner than the due date for the report. (b) Exceptions relating to exemptions from public release. (1) If a request for an exemption from public release is pending under § 369.9, FMCSA will not publicly release the reports covered by the request until at least the time that a decision to grant or deny the request is made. (2) If a carrier is granted an exemption from public release under § 369.9, FMCSA will not publicly release the reports covered by the granted exemption for a period of three years from the report's due date. (c) Other exceptions. Notwithstanding any other provision of this part, information may be released: (1) If the data are included in aggregate industry statistics that do not identify the individual carrier; (2) To other components of the Department of Transportation for their internal use only; (3) If required by law; (4) With the consent of the carrier filing the report; or (5) To contractors, if necessary for the performance of a contract with FMCSA. | |||||
| 49:49:5.1.1.2.12.0.1.1 | 49 | Transportation | III | B | 370 | PART 370—PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE | § 370.1 Applicability of regulations. | FHWA | The regulations set forth in this part shall govern the processing of claims for loss, damage, injury, or delay to property transported or accepted for transportation, in interstate or foreign commerce, by each motor carrier, water carrier, and freight forwarder (hereinafter called carrier), subject to 49 U.S.C. subtitle IV, part B. | ||||||
| 49:49:5.1.1.2.12.0.1.2 | 49 | Transportation | III | B | 370 | PART 370—PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE | § 370.3 Filing of claims. | FHWA | [62 FR 32042, June 12, 1997, as amended at 83 FR 16223, Apr. 16, 2018] | (a) Compliance with regulations. A claim for loss or damage to baggage or for loss, damage, injury, or delay to cargo, shall not be voluntarily paid by a carrier unless filed, as provided in paragraph (b) of this section, with the receiving or delivering carrier, or carrier issuing the bill of lading, receipt, ticket, or baggage check, or carrier on whose line the alleged loss, damage, injury, or delay occurred, within the specified time limits applicable thereto and as otherwise may be required by law, the terms of the bill of lading or other contract of carriage, and all tariff provisions applicable thereto. (b) Minimum filing requirements. A written communication from a claimant, filed with a proper carrier within the time limits specified in the bill of lading or contract of carriage or transportation and: (1) Containing facts sufficient to identify the baggage or shipment (or shipments) of property, (2) Asserting liability for alleged loss, damage, injury, or delay, and (3) Making claim for the payment of a specified or determinable amount of money, shall be considered as sufficient compliance with the provisions for filing claims embraced in the bill of lading or other contract of carriage; Provided, however, That procedures are established to ensure reasonable carrier access to supporting documents. (c) Documents not constituting claims. Bad order reports, appraisal reports of damage, notations of shortage or damage, or both, on freight bills, delivery receipts, or other documents, or inspection reports issued by carriers or their inspection agencies, whether the extent of loss or damage is indicated in dollars and cents or otherwise, shall, standing alone, not be considered by carriers as sufficient to comply with the minimum claim filing requirements specified in paragraph (b) of this section. (d) Claims filed for uncertain amounts. Whenever a claim is presented against a proper carrier for an uncertain amount, such as “$100 more or less,” the carrier against whom such claim is filed sha… | |||||
| 49:49:5.1.1.2.12.0.1.3 | 49 | Transportation | III | B | 370 | PART 370—PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE | § 370.5 Acknowledgment of claims. | FHWA | [62 FR 32042, June 12, 1997, as amended at 83 FR 16223, Apr. 16, 2018] | (a) Each carrier shall, upon receipt in writing of a proper claim in the manner and form described in the regulations in the past, acknowledge the receipt of such claim in writing to the claimant within 30 days after the date of its receipt by the carrier unless the carrier shall have paid or declined such claim in writing within 30 days of the receipt thereof. The carrier shall indicate in its acknowledgment to the claimant what, if any, additional documentary evidence or other pertinent information may be required by it further to process the claim as its preliminary examination of the claim, as filed, may have revealed. (b) The carrier shall at the time each claim is received create a separate file and assign thereto a successive claim file number and note that number on all documents filed in support of the claim and all records and correspondence with respect to the claim, including the acknowledgment of receipt. At the time such claim is received the carrier shall cause the date of receipt to be recorded on the face of the claim document, and the date of receipt shall also appear in the carrier's acknowledgment of receipt to the claimant. The carrier shall also cause the claim file number to be noted on the shipping order, if in its possession, and the delivery receipt, if any, covering such shipment, unless the carrier has established an orderly and consistent internal procedure for assuring: (1) That all information contained in shipping orders, delivery receipts, tally sheets, and all other pertinent records made with respect to the transportation of the shipment on which claim is made, is available for examination upon receipt of a claim; (2) That all such records and documents (or true and complete reproductions thereof) are in fact examined in the course of the investigation of the claim (and an appropriate record is made that such examination has in fact taken place); and (3) That such procedures prevent the duplicate or otherwise unlawful payment of claims. | |||||
| 49:49:5.1.1.2.12.0.1.4 | 49 | Transportation | III | B | 370 | PART 370—PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE | § 370.7 Investigation of claims. | FHWA | [62 FR 32042, June 12, 1997, as amended at 83 FR 16223, Apr. 16, 2018] | (a) Prompt investigation required. Each claim filed against a carrier in the manner prescribed in this part shall be promptly and thoroughly investigated if investigation has not already been made prior to receipt of the claim. (b) Supporting documents. When a necessary part of an investigation, each claim shall be supported by the bill of lading, evidence of the freight charges, if any, and either the invoice, a copy of the invoice, or an exact copy thereof or any extract made therefrom, certified by the claimant to be true and correct with respect to the property and value involved in the claim; or certification of prices or values, with trade or other discounts, allowance, or deductions, of any nature whatsoever and the terms thereof, or depreciation reflected thereon; Provided, however, That where property involved in a claim has not been invoiced to the consignee shown on the bill of lading or where an invoice does not show price or value, or where the property involved has been sold, or where the property has been transferred at bookkeeping values only, the carrier shall, before voluntarily paying a claim, require the claimant to establish the destination value in the quantity, shipped, transported, or involved; Provided, further, That when supporting documents are determined to be a necessary part of an investigation, the supporting documents are retained by the carriers for possible FMCSA inspection. (c) Verification of loss. When an asserted claim for loss of an entire package or an entire shipment cannot be otherwise authenticated upon investigation, the carrier shall obtain from the consignee of the shipment involved a certified statement in writing that the property for which the claim is filed has not been received from any other source. | |||||
| 49:49:5.1.1.2.12.0.1.5 | 49 | Transportation | III | B | 370 | PART 370—PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE | § 370.9 Disposition of claims. | FHWA | [62 FR 32042, June 12, 1997, as amended at 78 FR 58478, Sept. 24, 2013; 81 FR 68345, Oct. 4, 2016; 83 FR 16224, Apr. 16, 2018] | (a) Each carrier subject to 49 U.S.C. subtitle IV, part B which receives a written claim for loss or damage to baggage or for loss, damage, injury, or delay to property transported shall pay, decline, or make a firm compromise settlement offer in writing to the claimant within 120 days after receipt of the claim by the carrier; Provided, however, That, if the claim cannot be processed and disposed of within 120 days after the receipt thereof, the carrier shall at that time and at the expiration of each succeeding 60-day period while the claim remains pending, advise the claimant in writing of the status of the claim and the reason for the delay in making final disposition thereof and it shall retain a copy of such advice to the claimant in its claim file thereon. (b) When settling a claim for loss or damage, a household goods motor carrier as defined in § 375.103 of this subchapter shall use the replacement costs of the lost or damaged item as a base to apply a depreciation factor to arrive at the current actual value of the lost or damaged item. | |||||
| 49:49:5.1.1.2.12.0.1.6 | 49 | Transportation | III | B | 370 | PART 370—PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE | § 370.11 Processing of salvage. | FHWA | (a) Whenever baggage or material, goods, or other property transported by a carrier subject to the provisions in this part is damaged or alleged to be damaged and is, as a consequence thereof, not delivered or is rejected or refused upon tender thereof to the owner, consignee, or person entitled to receive such property, the carrier, after giving due notice, whenever practicable to do so, to the owner and other parties that may have an interest therein, and unless advised to the contrary after giving such notice, shall undertake to sell or dispose of such property directly or by the employment of a competent salvage agent. The carrier shall only dispose of the property in a manner that will fairly and equally protect the best interests of all persons having an interest therein. The carrier shall make an itemized record sufficient to identify the property involved so as to be able to correlate it to the shipment or transportation involved, and claim, if any, filed thereon. The carrier also shall assign to each lot of such property a successive lot number and note that lot number on its record of shipment and claim, if any claim is filed thereon. (b) Whenever disposition of salvage material or goods shall be made directly to an agent or employee of a carrier or through a salvage agent or company in which the carrier or one or more of its directors, officers, or managers has any interest, financial or otherwise, that carrier's salvage records shall fully reflect the particulars of each such transaction or relationship, or both, as the case may be. (c) Upon receipt of a claim on a shipment on which salvage has been processed in the manner prescribed in this section, the carrier shall record in its claim file thereon the lot number assigned, the amount of money recovered, if any, from the disposition of such property, and the date of transmittal of such money to the person or persons lawfully entitled to receive the same. | ||||||
| 49:49:5.1.1.2.13.1.1.1 | 49 | Transportation | III | B | 371 | PART 371—BROKERS OF PROPERTY | A | Subpart A—General Requirements | § 371.1 Applicability. | FHWA | [32 FR 20034, Dec. 20, 1967, as amended at 62 FR 15421, Apr. 1, 1997] | This part applies, to the extent provided therein, to all brokers of transportation by motor vehicle as defined in § 371.2. | |||
| 49:49:5.1.1.2.13.1.1.2 | 49 | Transportation | III | B | 371 | PART 371—BROKERS OF PROPERTY | A | Subpart A—General Requirements | § 371.2 Definitions. | FHWA | [45 FR 68942, Oct. 17, 1980. Redesignated at 61 FR 54707, Oct. 21, 1996, as amended at 89 FR 90618, Nov. 18, 2024] | Unless specifically defined elsewhere, in this part: Broker means a person who, for compensation, arranges, or offers to arrange, the transportation of property by an authorized motor carrier. Motor carriers, or persons who are employees or bona fide agents of carriers, are not brokers within the meaning of this section when they arrange or offer to arrange the transportation of shipments which they are authorized to transport and which they have accepted and legally bound themselves to transport. Bona fide agents are persons who are part of the normal organization of a motor carrier and perform duties under the carrier's directions pursuant to a preexisting agreement which provides for a continuing relationship, precluding the exercise of discretion on the part of the agent in allocating traffic between the carrier and others. Brokerage or brokerage service is the arranging of transportation or the physical movement of a motor vehicle or of property. It can be performed on behalf of a motor carrier, consignor, or consignee. Non-brokerage service is all other service performed by a broker on behalf of a motor carrier, consignor, or consignee. | |||
| 49:49:5.1.1.2.13.1.1.3 | 49 | Transportation | III | B | 371 | PART 371—BROKERS OF PROPERTY | A | Subpart A—General Requirements | § 371.3 Records to be kept by brokers. | FHWA | [45 FR 68942, Oct. 17, 1980. Redesignated at 61 FR 54707, Oct. 21, 1996, as amended at 62 FR 15421, Apr. 1, 1997] | (a) A broker shall keep a record of each transaction. For purposes of this section, brokers may keep master lists of consignors and the address and registration number of the carrier, rather than repeating this information for each transaction. The record shall show: (1) The name and address of the consignor; (2) The name, address, and registration number of the originating motor carrier; (3) The bill of lading or freight bill number; (4) The amount of compensation received by the broker for the brokerage service performed and the name of the payer; (5) A description of any non-brokerage service performed in connection with each shipment or other activity, the amount of compensation received for the service, and the name of the payer; and (6) The amount of any freight charges collected by the broker and the date of payment to the carrier. (b) Brokers shall keep the records required by this section for a period of three years. (c) Each party to a brokered transaction has the right to review the record of the transaction required to be kept by these rules. | |||
| 49:49:5.1.1.2.13.1.1.4 | 49 | Transportation | III | B | 371 | PART 371—BROKERS OF PROPERTY | A | Subpart A—General Requirements | § 371.7 Misrepresentation. | FHWA | [45 FR 68942, Oct. 17, 1980. Redesignated at 61 FR 54707, Oct. 21, 1996, as amended at 62 FR 15421, Apr. 1, 1997] | (a) A broker shall not perform or offer to perform any brokerage service (including advertising), in any name other than that in which its registration is issued. (b) A broker shall not, directly or indirectly, represent its operations to be that of a carrier. Any advertising shall show the broker status of the operation. | |||
| 49:49:5.1.1.2.13.1.1.5 | 49 | Transportation | III | B | 371 | PART 371—BROKERS OF PROPERTY | A | Subpart A—General Requirements | § 371.9 Rebating and compensation. | FHWA | (a) A broker shall not charge or receive compensation from a motor carrier for brokerage service where: (1) The broker owns or has a material beneficial interest in the shipment or (2) The broker is able to exercise control over the shipment because the broker owns the shipper, the shipper owns the broker, or there is common ownership of the two. (b) A broker shall not give or offer to give anything of value to any shipper, consignor or consignee (or their officers or employees) except inexpensive advertising items given for promotional purposes. | ||||
| 49:49:5.1.1.2.13.1.1.6 | 49 | Transportation | III | B | 371 | PART 371—BROKERS OF PROPERTY | A | Subpart A—General Requirements | § 371.10 Duties and obligations of brokers. | FHWA | [45 FR 68943, Oct. 17, 1980, as amended at 62 FR 15421, Apr. 1, 1997] | Where the broker acts on behalf of a person bound by law or the FMCSA regulation as to the transmittal of bills or payments, the broker must also abide by the law or regulations which apply to that person. | |||
| 49:49:5.1.1.2.13.1.1.7 | 49 | Transportation | III | B | 371 | PART 371—BROKERS OF PROPERTY | A | Subpart A—General Requirements | § 371.13 Accounting. | FHWA | [45 FR 68943, Oct. 17, 1980] | Each broker who engages in any other business shall maintain accounts so that the revenues and expenses relating to the brokerage portion of its business are segregated from its other activities. Expenses that are common shall be allocated on an equitable basis; however, the broker must be prepared to explain the basis for the allocation. | |||
| 49:49:5.1.1.2.13.2.1.1 | 49 | Transportation | III | B | 371 | PART 371—BROKERS OF PROPERTY | B | Subpart B—Special Rules for Household Goods Brokers | § 371.101 If I operate as a household goods broker in interstate or foreign commerce, must I comply with subpart B of this part? | FHWA | Yes, you must comply with all regulations in this subpart when you operate as a household goods broker offering services to individual shippers in interstate or foreign commerce. The regulations in this subpart do not apply to a household goods broker when providing services to commercial or government shippers in interstate or foreign commerce. | ||||
| 49:49:5.1.1.2.13.2.1.10 | 49 | Transportation | III | B | 371 | PART 371—BROKERS OF PROPERTY | B | Subpart B—Special Rules for Household Goods Brokers | § 371.121 What penalties may FMCSA impose for violations of this part? | FHWA | The penalty provisions of 49 U.S.C. chapter 149, Civil and Criminal Penalties apply to this subpart. These penalties do not overlap. Notwithstanding these civil penalties, nothing in this section deprives an individual shipper of any remedy or right of action under existing law. | ||||
| 49:49:5.1.1.2.13.2.1.2 | 49 | Transportation | III | B | 371 | PART 371—BROKERS OF PROPERTY | B | Subpart B—Special Rules for Household Goods Brokers | § 371.103 What are the definitions of terms used in this subpart? | FHWA | [75 FR 72996, Nov. 29, 2010, as amended at 87 FR 24446, Apr. 26, 2022] | FMCSA means the Federal Motor Carrier Safety Administration within the U.S. Department of Transportation. Household goods has the same meaning as the term is defined in § 375.103 of this subchapter. Household goods broker means a person, other than a motor carrier or an employee or bona fide agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation of household goods by motor carrier for compensation. Individual shipper has the same meaning as the term is defined in § 375.103 of this subchapter. Physical survey has the same meaning as the term is defined in § 375.103 of this subchapter. | |||
| 49:49:5.1.1.2.13.2.1.3 | 49 | Transportation | III | B | 371 | PART 371—BROKERS OF PROPERTY | B | Subpart B—Special Rules for Household Goods Brokers | § 371.105 Must I use a motor carrier that has a valid U.S. DOT number and valid operating authority issued by FMCSA to transport household goods in interstate or foreign commerce? | FHWA | You may only act as a household goods broker for a motor carrier that has a valid, active U.S. DOT number and valid operating authority issued by FMCSA to transport household goods in interstate or foreign commerce. | ||||
| 49:49:5.1.1.2.13.2.1.4 | 49 | Transportation | III | B | 371 | PART 371—BROKERS OF PROPERTY | B | Subpart B—Special Rules for Household Goods Brokers | § 371.107 What information must I display in my advertisements and Internet Web homepage? | FHWA | [75 FR 72996, Nov. 29, 2010, as amended at 88 FR 80179, Nov. 17, 2023] | (a) You must prominently display in your advertisements and Internet Web homepage(s) the physical location(s) (street or highway address, city, and State) where you conduct business. (b) You must prominently display your U.S. DOT registration number(s) and MC license number issued by the FMCSA in your advertisements and Internet Web homepage(s). (c) You must prominently display in your advertisements and Internet website(s) your status as a household goods broker and the statement that you will not transport an individual shipper's household goods, but that you will arrange for the transportation of the household goods by an FMCSA-authorized household goods motor carrier, whose charges will be determined by its published tariff. (d) If you provide estimates on any carrier's behalf pursuant to § 371.113(b), you must prominently display in your Internet website(s) that the estimate must be based on the carrier's tariff and that the carrier is required to make its tariff available for public inspection upon a reasonable request. (e) You may only include in your advertisements or Internet website(s) the names or logos of FMCSA-authorized household goods motor carriers with whom you have a written agreement as specified in § 371.115. | |||
| 49:49:5.1.1.2.13.2.1.5 | 49 | Transportation | III | B | 371 | PART 371—BROKERS OF PROPERTY | B | Subpart B—Special Rules for Household Goods Brokers | § 371.109 Must I inform individual shippers which motor carriers I use? | FHWA | [75 FR 72996, Nov. 29, 2010, as amended at 83 FR 16224, Apr. 16, 2018] | (a) You must provide to each potential individual shipper who contacts you a list of all authorized household goods motor carriers you use, including their U.S. DOT registration number(s) and MC license numbers. (b) You must provide to each potential individual shipper who contacts you a statement indicating that you are not a motor carrier authorized by the Federal Government to transport the individual shipper's household goods, and you are only arranging for an authorized household goods motor carrier to perform the transportation services and, if applicable, additional services. | |||
| 49:49:5.1.1.2.13.2.1.6 | 49 | Transportation | III | B | 371 | PART 371—BROKERS OF PROPERTY | B | Subpart B—Special Rules for Household Goods Brokers | § 371.111 Must I provide individual shippers with Federal consumer protection information? | FHWA | [75 FR 72996, Nov. 29, 2010, as amended at 83 FR 16224, Apr. 16, 2018; 87 FR 24446, Apr. 26, 2022; 88 FR 80179, Nov. 17, 2023] | (a) You must provide potential individual shippers with Federal consumer protection information by one of the following three methods: (1) Provide a hyperlink on your Internet website to the FMCSA website containing the information in FMCSA's publications “Ready to Move?—Tips for a Successful Interstate Move” and “Your Rights and Responsibilities When You Move.” (2) Distribute to each shipper and potential shipper at the time you provide an estimate, copies of FMCSA's publications “Ready to Move?—Tips for a Successful Interstate Move” and “Your Rights and Responsibilities When You Move.” (3) Distribute to each shipper and potential shipper at the time you provide an estimate, copies of “Ready to Move?—Tips for a Successful Interstate Move” and “Your Rights and Responsibilities When You Move” as modified and produced by the authorized, lawful motor carrier to which you intend to provide the shipment under your written agreement required by § 371.115. (b) If an individual shipper elects to waive physical receipt of the Federal consumer protection information by one of the methods described in paragraphs (a)(2) and (a)(3) of this section, and elects to access the same information via the hyperlink on the Internet as provided in paragraph (a)(1) of this section, you must include a clear and concise statement on the written estimate described in § 371.113 that the individual shipper expressly agreed to access the Federal consumer protection information on the Internet. (c) You must obtain a signed, dated receipt showing the individual shipper has received both booklets that includes, if applicable, verification of the shipper's agreement to access the Federal consumer protection information on the Internet. (d) You must maintain the signed receipt required by paragraph (c) of this section for three years from the date the individual shipper signs the receipt. (e) If you have a website, you are required to display prominently either a link to the Department of Transportation (DOT) publication titled “Ready to Mo… | |||
| 49:49:5.1.1.2.13.2.1.7 | 49 | Transportation | III | B | 371 | PART 371—BROKERS OF PROPERTY | B | Subpart B—Special Rules for Household Goods Brokers | § 371.113 May I provide individual shippers with a written estimate? | FHWA | [75 FR 72996, Nov. 29, 2010, as amended at 87 FR 24446, Apr. 26, 2022] | (a) You may provide each individual shipper with an estimate of transportation and accessorial charges. If you provide an estimate, it must be in writing and must be based on a physical survey of the household goods conducted by the authorized motor carrier on whose behalf the estimate is provided. The estimate must be prepared in accordance with a signed, written agreement, as specified in § 371.115. (b) You must base your estimate upon the published tariffs of the authorized motor carrier who will transport the shipper's household goods. (c)(1) A shipper may elect to waive the physical survey required in paragraph (a) of this section by written agreement signed by the shipper before the shipment is loaded. (2) The household goods broker must explain the physical survey waiver agreement to the individual shipper in plain English. The physical survey waiver agreement must be printed on the written estimate and must be printed at no less than 7-point font size and with the font typeface Universe. (3) A copy of the waiver agreement must be retained as an addendum to the bill of lading and is subject to the same record inspection and preservation requirements as are applicable to bills of lading. (d) You must keep the records required by this section for three years following the date you provide the written estimate for an individual shipper who accepts the estimate and has you procure the transportation. | |||
| 49:49:5.1.1.2.13.2.1.8 | 49 | Transportation | III | B | 371 | PART 371—BROKERS OF PROPERTY | B | Subpart B—Special Rules for Household Goods Brokers | § 371.115 Must I maintain agreements with motor carriers before providing written estimates on behalf of these carriers? | FHWA | (a) In order to provide estimates of charges for the transportation of household goods, you must do so in accordance with the written agreement required by § 375.409 of this subchapter. Your written agreement with the motor carrier(s) must include the following items: (1) Your broker name as shown on your FMCSA registration, your physical address, and your U.S. DOT registration number and MC license number; (2) The authorized motor carrier's name as shown on its FMCSA registration, its physical address, and its U.S. DOT registration number and MC license number; (3) A concise, easy to understand statement that your written estimate to the individual shipper: (i) Will be exclusively on behalf of the authorized household goods motor carrier; (ii) Will be based on the authorized household goods motor carrier's published tariff; and (iii) Will serve as the authorized household goods motor carrier's estimate for purposes of complying with the requirements of part 375 of this chapter, including the requirement that the authorized household goods motor carrier relinquishes possession of the shipment upon payment of no more than 110 percent of a non-binding estimate at the time of delivery; (4) Your owner's, corporate officer's, or corporate director's signature lawfully representing your household goods broker operation and the date; (5) The signature of the authorized household goods motor carrier's owner, corporate officer, or corporate director lawfully representing the household goods motor carrier's operation and the date; and (b) The signed written agreement required by this section is public information and you must produce it for review upon reasonable request by a member of the public. (c) You must keep copies of the agreements required by this section for as long as you provide estimates on behalf of the authorized household goods motor carrier and for three years thereafter. | ||||
| 49:49:5.1.1.2.13.2.1.9 | 49 | Transportation | III | B | 371 | PART 371—BROKERS OF PROPERTY | B | Subpart B—Special Rules for Household Goods Brokers | § 371.117 Must I provide individual shippers with my policies concerning cancellation, deposits, and refunds? | FHWA | [75 FR 72996, Nov. 29, 2010, as amended at 88 FR 80179, Nov. 17, 2023] | (a) You must disclose prominently on your Internet website and in your agreements with prospective shippers your cancellation policy, deposit policy, and policy for refunding deposited funds in the event the shipper cancels an order for service before the date an authorized household goods motor carrier has been scheduled to pick up the shipper's property. (b) You must maintain records showing each individual shipper's request to cancel a shipment and the disposition of each request for a period of three years after the date of a shipper's cancellation request. If you refunded a deposit, your records must include: (1) Proof that the individual shipper cashed or deposited the check or money order, if the financial institution provides documentary evidence; or (2) Proof that you delivered the refund check or money order to the individual shipper. | |||
| 49:49:5.1.1.2.14.1.1.1 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | A | Subpart A—Exemptions | § 372.101 Casual, occasional, or reciprocal transportation of passengers for compensation when such transportation is sold or arranged by anyone for compensation. | FHWA | [32 FR 20036, Dec. 20, 1967. Redesignated at 61 FR 54708, Oct. 21, 1996, as amended at 62 FR 15421, Apr. 1, 1997] | The partial exemption from regulation under the provisions of 49 U.S.C. subtitle IV, part B of the casual, occasional, and reciprocal transportation of passengers by motor vehicle in interstate or foreign commerce for compensation as provided in 49 U.S.C. 13506(b) be, and it is hereby, removed to the extent necessary to make applicable all provisions of 49 U.S.C. subtitle IV, part B to such transportation when sold or offered for sale, or provided or procured or furnished or arranged for, by any person who sells, offers for sale, provides, furnishes, contracts, or arranges for such transportation for compensation or as a regular occupation or business. | |||
| 49:49:5.1.1.2.14.1.1.2 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | A | Subpart A—Exemptions | § 372.103 Motor vehicles employed solely in transporting school children and teachers to or from school. | FHWA | [36 FR 9022, May 18, 1971, as amended at 62 FR 15421, Apr. 1, 1997] | The exemption set forth in 49 U.S.C. 13506(a)(1) shall not be construed as being inapplicable to motor vehicles being used at the time of operation in the transportation of schoolchildren and teachers to or from school, even though such motor vehicles are employed at other times in transportation beyond the scope of the exemption. | |||
| 49:49:5.1.1.2.14.1.1.3 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | A | Subpart A—Exemptions | § 372.107 Definitions. | FHWA | [43 FR 2397, Jan. 17, 1978, as amended at 45 FR 45524, July 3, 1980; 47 FR 13353, Mar. 30, 1982; 47 FR 15142, Apr. 8, 1982; 66 FR 49870, Oct. 1, 2001; 89 FR 13997, Feb. 26, 2024] | As used in the regulations in this part, the following terms shall have the meaning shown: (a) Cooperative association. The term “cooperative association” means an association which conforms to the following definition in the Agricultural Marketing Act, approved June 15, 1929, as amended (12 U.S.C. 1141j): As used in this Act, the term cooperative association means any association in which farmers act together in processing, preparing for market, handling, and/or marketing the farm products of persons so engaged, and also means any association in which farmers act together in purchasing, testing, grading, processing, distributing, and/or furnishing farm supplies and/or farm business services. Provided, however, That such associations are operated for the mutual benefit of the members thereof as such producers or purchasers and conform to one or both of the following requirements: First. That no member of the association is allowed more than one vote because of the amount of stock or membership capital he may own therein; and Second. That the association does not pay dividends on stock or membership capital in excess of 8 per centum per annum. And in any case to the following: Third. That the association shall not deal in farm products, farm supplies and farm business services with or for nonmembers in an amount greater in value than the total amount of such business transacted by it with or for members. All business transacted by any cooperative association for or on behalf of the United States or any agency or instrumentality thereof shall be disregarded in determining the volume of member and nonmember business transacted by such association. As used in this Act, the term cooperative association means any association in which farmers act together in processing, preparing for market, handling, and/or marketing the farm products of persons so engaged, and also means any association in which farmers act together in purchasing, testing, grading, processing, distributing, and/or furnishing farm … | |||
| 49:49:5.1.1.2.14.1.1.4 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | A | Subpart A—Exemptions | § 372.109 Computation of tonnage allowable in nonfarm-non-member transportation. | FHWA | [43 FR 2397, Jan. 17, 1978, as amended at 43 FR 21894, May 22, 1978; 45 FR 45524, July 3, 1980; 62 FR 49940, Sept. 24, 1997; 66 FR 49870, Oct. 1, 2001; 78 FR 58478, Sept. 24, 2013] | Interstate transportation performed by a cooperative association or federation of cooperative associations for nonmembers who are not farmers, cooperative associations, or federations of associations or the United States Government for compensation, (except transportation otherwise exempt under subtitle IV, part B, chapter 135 of title 49 of the United States Code) shall be limited to that which is incidental to its primary transportation operation and necessary for its effective performance. It shall in no event exceed 25 percent of its total interstate transportation services in any fiscal year, measured in terms of tonnage. A cooperative association or federation of cooperative associations may transport its own property, its members' property, property of other farmers and the property of other cooperatives or federations in accordance with existing law, except where the provisions of § 372.111 may be applicable to the limit on member/nonmember transportation. (a) The phrase “incidental to its primary transportation operation and necessary for its effective performance” means that the interstate transportation of the cooperative association or federation of cooperative associations for nonmembers as described above is performed with the same trucks or tractors employed in a prior or subsequent trip in the primary transportation operation of the cooperative association or federation, that it is not economically feasible to operate the trucks or tractors empty on return trips (outbound trips in cases where the primary transportation operation is inbound to the association or federation), and that the additional income obtained from such transportation is necessary to make the primary transportation operation financially practicable. Transportation for nonmembers as described above performed by a cooperative or federation through the use of trucks or tractors trip-leased for one-way movements with the cooperative association or federation acting as leasee, is not incidental and necessary; (b) The base tonnage … | |||
| 49:49:5.1.1.2.14.1.1.5 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | A | Subpart A—Exemptions | § 372.111 Nonmember transportation limitation and record keeping. | FHWA | [43 FR 2397, Jan. 17, 1978, as amended at 45 FR 45524, July 3, 1980; 62 FR 38036, July 16, 1997; 62 FR 49940, Sept. 24, 1997] | (a) Overall limitation of nonmember transportation. No cooperative association or federation of cooperative associations may engage in nonmember interstate transportation for compensation in any fiscal year which, measured in terms of tonnage, exceeds its total interstate member transportation in such fiscal year. (b) Records of interstate transportation when nonmember transportation is performed. Any cooperative association or federation of cooperative associations performing interstate transportation for nonmembers shall prepare and retain for a period of at least two years written records of all interstate transportation performed for members and nonmembers. These records shall contain: (1) The date of the shipment, (2) The names and addresses of the consignor and consignee, (3) The origin and destination of the shipment, (4) A description of the articles in the shipment, (5) The weight or volume of the shipment, (6) A description of the equipment used either by unit number or license number and, in the event this equipment is nonowned, the name and address of its owners and drivers, (7) The total charges collected, (8) A copy of all leases executed by the cooperative association or federation of cooperative associations to obtain equipment to perform transportation under 49 U.S.C. 13506(a)(5), (9) Whether the transportation performed is: (i) Member transportation, (ii) Nonmember transportation for nonmembers who are farmers, cooperative associations, or federations thereof, (iii) Other nonmember transportation, and if of class (iii), how the transportation was incidental and necessary as defined in § 372.109(a). | |||
| 49:49:5.1.1.2.14.1.1.6 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | A | Subpart A—Exemptions | § 372.113 Providers of recreational activities. | FHWA | [89 FR 13997, Feb. 26, 2024] | Transportation by a motor vehicle designed or used to transport not fewer than 9, and not more than 15, passengers (including the driver), whether operated alone or with a trailer attached for the transport of recreational equipment, is exempted from regulation promulgated pursuant to Part B of Title 49 U.S.C. subtitle IV if: (a) the motor vehicle is operated by a person that provides recreational activities; (b) the transportation is provided within a 150 air-mile radius of the location at which passengers initially boarded the motor vehicle at the outset of the trip; and (c) in the case of a motor vehicle transporting passengers over a route between a place in a State and a place in another State, the person operating the motor vehicle is lawfully providing transportation of passengers over the entire route in accordance with applicable State law. | |||
| 49:49:5.1.1.2.14.1.1.7 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | A | Subpart A—Exemptions | § 372.115 Commodities that are not exempt under 49 U.S.C. 13506(a)(6). | FHWA | [53 FR 17707, May 18, 1988, as amended at 62 FR 15421, Apr. 1, 1997] | 49 U.S.C. 13506(a)(6) provides an exemption from regulation for motor vehicles used in carrying ordinary livestock, fish, and unmanufactured agricultural commodities. Certain specific commodities have been statutorily determined to be non-exempt. Administrative Ruling No. 133, which is reproduced below, is a list of those commodities that are non-exempt by statute. Administrative Ruling No. 133 List of Commodities That Are Not Exempt by Statute Under 49 U.S.C. 13506( a )(6) Animal fats Butter Canned fruits and vegetables Carnauba wax as imported in slabs or chunks Cattle, slaughtered Charcoal Cheese Coal Cocoa beans Coffee, beans, roasted, or instant Copra meal Cotton yarn Cottonseed cake or meal Diatomaceous earth Dinners, frozen Feeds: Alfalfa meal Alfalfa pellets Beet pulp Bran shorts Copra meal Corn gluten Distilled corn grain residues, with or without solubles added Fish meal Hominy feed Middlings Pelletized ground refuse screenings Wheat bran Wheat shorts Fertilizer, commercial Fish: Canned or salted as a treatment for preserving Cooked or partially cooked fish or shrimp, frozen or unfrozen Hermetically sealed in containers as a treatment for preserving Oil from fishes Preserved, or treated for preserving, such as smoked, salted, pickled, spiced, corned or kippered Flagstone Flaxseed meal Flour Forest products: Resin products, such as turpentine Fruits and Berries: Bananas, fresh, dried, dehydrated, or frozen Canned Frozen Hulls of oranges after juice extractions Juice, fruit, plain or concentrated Pies, frozen Preserved, such as jam Purees, strawberry and other, frozen Grains: Oils extracted from grain Popcorn, popped Rice, precooked Wheat germ Gravel Hair, hog or other animal, product of slaughter of animal Hay, sweetened with 3 percent molasses by weight Hemp fiber Hides, green and salted Ins… | |||
| 49:49:5.1.1.2.14.1.1.8 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | A | Subpart A—Exemptions | § 372.117 Motor transportation of passengers incidental to transportation by aircraft. | FHWA | [32 FR 20036, Dec. 20, 1967, as amended at 37 FR 5252, Mar. 11, 1972; 42 FR 10003, Feb. 18, 1977; 42 FR 15705; Mar. 23, 1977; 62 FR 15421, Apr. 1, 1997; 78 FR 58478, Sept. 24, 2013] | (a) Passengers having an immediately prior or subsequent movement by air. The transportation of passengers by motor vehicle is transportation incidental to transportation by aircraft provided (1) that it is confined to the transportation of passengers who have had or will have an immediately prior or immediately subsequent movement by air and (2) that the zone within which motor transportation is incidental to transportation by aircraft, except as it may be individually determined as provided in paragraph (c) of this section, shall not exceed in size the area encompassed by a 25-mile radius of the boundary of the airport at which the passengers arrive or depart and by the boundaries of the commercial zones (as defined by the Secretary) of any municipalities any part of whose commercial zones falls within the 25-mile radius of the pertinent airport. (b) Substituted motor-for-air transportation due to emergency conditions. Transportation of passengers by motor vehicle is transportation incidental to transportation by aircraft if it constitutes substituted motor-for-air service performed at the expense of the air carrier in emergency situations arising from the inability of the air carrier to perform air transportation due to adverse weather conditions, equipment failure, or other causes beyond the control of the air carrier. (c) Individual determination of exempt zones. Upon its own motion or upon petition filed by any interested person, the Secretary may in an appropriate proceeding, determine whether the area within which the transportation by motor vehicle of passengers having an immediately prior or subsequent movement by air must be performed, in order to come within the provisions of paragraph (a) of this section, should be individually determined with respect to any particular airport or city served by an airport, and whether there should be established therefor appropriate boundaries differing in extent from this defined in paragraph (a)(2) of this section. (d) Exempt zones and operations —(1) Du… | |||
| 49:49:5.1.1.2.14.2.1.1 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | B | Subpart B—Commercial Zones | § 372.201 Albany, NY. | FHWA | [41 FR 56653, Dec. 29, 1976, as amended at 62 FR 15422, Apr. 1, 1997] | The zone adjacent to, and commercially a part of Albany, N.Y., within which transportation by motor vehicle, in interstate or foreign commerce, not under common control, management, or arrangement for a continuous carriage or shipment to or from a point beyond such zone, is partially exempt from regulations under 49 U.S.C. 13506(b)(1) includes and is comprised of all points as follows: (a) The municipality of Albany, N.Y., itself. (b) All points within a line drawn eight miles beyond the municipal limits of Albany. (c) All points in that area more than eight miles beyond the municipal limits of Albany bounded by a line as follows: Beginning at that point on the western boundary of Cohoes, N.Y., where it crosses the line described in paragraph (b) of this section, thence along the western and northern boundary of Cohoes to the Mohawk River thence along such river to the northern boundary of the Town of Waterford thence along the northern and eastern boundaries of the Town of Waterford to the northern boundary of the City of Troy (all of which city is included under the next provision). (d) All of any municipality any part of which is within the limits of the combined areas defined in paragraphs (b) and (c) of this section, and (e) All of any municipality wholly surrounded, or so surrounded except for a water boundary, by the municipality of Albany or any other municipality included under the terms of paragraph (d) of this section. | |||
| 49:49:5.1.1.2.14.2.1.10 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | B | Subpart B—Commercial Zones | § 372.219 Washington, DC. | FHWA | [41 FR 56654, Dec. 29, 1976, as amended at 46 FR 56424, Nov. 17, 1981; 62 FR 15422, Apr. 1, 1997] | The zone adjacent to, and commercially a part of Washington, D.C., within which transportation by motor vehicle in interstate or foreign commerce, not under common control, management, or arrangement for a continuous carriage or shipment to or from a point beyond such zone, is partially exempt from regulation under 49 U.S.C. 13506(b)(1) includes and is comprised of all points as follows: (a) The municipality of Washington, D.C., itself; (b) All points within a line drawn 15 miles beyond the municipal limits of Washington, DC (c) All points in Fairfax and Loudoun Counties, VA, and all points in Prince William County, VA, including the City of Manassas, VA, and the City of Manassas Park, VA. (d) All of any municipality any part of which is within the limits of the combined areas defined in paragraphs (b) and (c) of this section, and (e) All of any municipality wholly surrounded, or so surrounded except for a water boundary, by the municipality of Washington, D.C., or by any other municipality included under the terms of paragraph (d) of this section. | |||
| 49:49:5.1.1.2.14.2.1.11 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | B | Subpart B—Commercial Zones | § 372.221 Twin Cities. | FHWA | [41 FR 56654, Dec. 29, 1976, as amended at 62 FR 15422, Apr. 1, 1997] | For the purpose of determining commercial zones, utilizing the general population-mileage formula as set forth in § 372.241, each of the following combinations of cities shall be considered as a single municipality: (a) Having a population equal to the sum of their combined populations, and (b) Having boundaries comprised of their combined corporate limits, with the common portion thereof disregarded: (1) Bluefield, Va.-W. Va. (2) Bristol, Va.-Tenn. (3) Davenport, Iowa, and Rock Island and Moline, Ill. (4) Delmar, Del-Md. (5) Harrison, Ohio-West Harrison, Ind. (6) Junction City, Ark.-La. (7) Kansas City, Mo.-Kansas City, Kans. (8) Minneapolis-St. Paul, Minn. (9) St. Louis, Mo.-East St. Louis, Ill. (10) Texarkana, Ark.-Tex. (11) Texhoma, Tex.-Okla. (12) Union City, Ind.-Ohio. | |||
| 49:49:5.1.1.2.14.2.1.12 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | B | Subpart B—Commercial Zones | § 372.223 Consolidated governments. | FHWA | [41 FR 56654, Dec. 29, 1976, as amended at 62 FR 15422, Apr. 1, 1997] | The zone adjacent to, and commercially a part of a consolidated government within which transportation by motor vehicle, in interstate or foreign commerce, not under common control, management, or arrangement for a continuous carriage or shipment to or from a point beyond the zone, is partially exempt from regulation under 49 U.S.C. 13506(b)(1) includes and is comprised of all points as follows: (a) All points within the boundaries of the consolidated government. (b) All points beyond the boundaries of the consolidated government which were at any time within the commercial zone of the formerly independent core municipality. (c) When the present population of the formerly independent core municipality is identifiable, all points beyond the boundaries of the consolidated government which are within the territory determined by the most recent population-mileage formula measured from the limits of the formerly independent core municipality. (d) All of any municipality wholly surrounded, or so surrounded except for a water boundary, by the consolidated government or by any other municipality included under the terms of paragraphs (a), (b), or (c) of this section. | |||
| 49:49:5.1.1.2.14.2.1.13 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | B | Subpart B—Commercial Zones | § 372.225 Lexington-Fayette Urban County, KY. | FHWA | [39 FR 18769, May 30, 1974. Redesignated at 41 FR 56655, Dec. 29, 1976. Further redesignated at 55 FR 42198, Oct. 18, 1990, as amended at 62 FR 15422, Apr. 1, 1997] | The zone adjacent to and commercially a part of Lexington-Fayette Urban County, Ky., within which transportation by motor vehicle, in interstate or foreign commerce, not under a common control, management, or arrangement for a continuous carriage or shipment to or from a point beyond the zone, is partially exempt from regulation under 49 U.S.C. 13506(b)(1) includes and is comprised of all points as follows: (a) Lexington-Fayette Urban County, Ky., itself. (b) All other municipalities and unincorporated areas within 5 miles of the intersection of U.S. Highway 27 (Nicholasville Road) with the corporate boundary line between Jessamine County, Ky., and Lexington-Fayette Urban County, Ky. | |||
| 49:49:5.1.1.2.14.2.1.14 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | B | Subpart B—Commercial Zones | § 372.227 Syracuse, NY. | FHWA | [42 FR 44816, Sept. 7, 1977. Redesignated at 55 FR 42198, Oct. 18, 1990, as amended at 62 FR 15422, Apr. 1, 1997; 78 FR 58478, Sept. 24, 2013] | The zone adjacent to, and commercially a part of Syracuse, N.Y., within which transportation by motor vehicle, in interstate or foreign commerce, not under common control, management, or arrangement for shipment to or from points beyond such zone, is partially exempt from regulation under 49 U.S.C. 13506(b)(1) includes and is comprised of all points as follows: (a) The municipality of Syracuse, N.Y., itself; (b) All points within a line drawn 10 miles beyond the municipal limits of Syracuse; (c) Those points in the towns of Van Buren and Lysander, Onondaga County, N.Y., which are not within the area described in paragraph (b) of this section, but which are within an area bounded by a line beginning at the intersection of new New York Highway 48 with the line described in (b) of this sectio, thence northwesterly along new New York Highway 48 to junction New York Highway 370, thence westerly along New York Highway 370 to junction Emerick Road, thence northerly along Emerick Road to junction Dunham Road, thence northerly along Dunham road to junction New York Highway 192, thence easterly along New York Highway 192 to junction new New York Highway 48, thence northerly along new New York Highway 48 to junction New York Highway 213, thence easterly along New York Highway 213 to junction New York Highway 213A, thence easterly along New York Highway 213A to junction New York Highway 37, thence southerly along New York Highway 37 to its intersection with the line in (b) above; (d) All of any municipality any part of which is within the limits of the combined area defined in paragraphs (b) and (c) of this section, and (e) All of any municipality wholly surrounded, or so surrounded except for a water boundary, by the municipality of Syracuse or any other municipality included under the terms of paragraph (d) of this section. | |||
| 49:49:5.1.1.2.14.2.1.15 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | B | Subpart B—Commercial Zones | § 372.229 Spokane, WA. | FHWA | [45 FR 62085, Sept. 18, 1980. Redesignated and amended at 55 FR 42198, Oct. 18, 1990; 62 FR 15422, Apr. 1, 1997; 78 FR 58478, Sept. 24, 2013] | The zone adjacent to, and commercially a part of Spokane, WA, within which transportation by motor vehicle, in interstate or foreign commerce, not under control, management, or arrangement for shipment to or from points beyond such zone, is partially exempt from regulation under 49 U.S.C. 13506(b)(1) includes and is comprised of all points as follows: (a) The municipality of Spokane, WA, itself, (b) All points within a line drawn 8 miles beyond the municipal limits of Spokane; (c) All points within that area more than 8 miles beyond the municipal limits of Spokane bounded by a line as follows: From the intersection of the line described in (b) of this section and U.S. Highway 2, thence westerly along U.S. Highway 2 to junction Brooks Road, thence southerly along Brooks Road to junction Hallett Road, thence easterly along Hallett Road to its intersection with the line described in (b) of this section; (d) All of any municipality any part of which is within the limits of the combined areas in paragraphs (b) and (c) of this section; and (e) All of any municipality wholly surrounded, or so surrounded except for a water boundary, by the municipality of Spokane or any other municipality included under the terms of paragraph (d) of this section. | |||
| 49:49:5.1.1.2.14.2.1.16 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | B | Subpart B—Commercial Zones | § 372.231 Tacoma, WA. | FHWA | [45 FR 66460, Oct. 7, 1980. Redesignated at 55 FR 42198, Oct. 18, 1990, as amended at 62 FR 15422, Apr. 1, 1997; 66 FR 49870, Oct. 1, 2001; 78 FR 58478, Sept. 24, 2013] | The zone adjacent to, and commercially a part of Tacoma, WA, within which transportation by motor vehicle, in interstate or foreign commerce, not under common control, management, or arrangement for shipment to or from points beyond such zone, is partially exempt from regulation under 49 U.S.C. 13506(b)(1), includes and is comprised of all points as follows: (a) The municipality of Tacoma, WA, itself; (b) All points within a line drawn 8 miles beyond the municipal limits of Tacoma; (c) Those points in Pierce County, WA, which are not within the area described in paragraph (b) of this section, but which are on Washington Highway 162 beginning at its intersection with the line described in paragraph (b) of this section, extending to and including Orting, WA, and all points within the Orting commercial zone. (d) All of any municipality any part of which is within the limits of the combined area defined in paragraphs (b) and (c) of this section, and (e) All of any municipality wholly surrounded, or so surrounded except for a water boundary, by the municipality of Tacoma or any other municipality included under the terms of paragraph (d) of this section. | |||
| 49:49:5.1.1.2.14.2.1.17 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | B | Subpart B—Commercial Zones | § 372.233 Chicago, IL. | FHWA | [46 FR 11286, Feb. 6, 1981. Redesignated at 55 FR 42198, Oct. 18, 1990, as amended at 62 FR 15422, Apr. 1, 1997; 78 FR 58479, Sept. 24, 2013] | The zone adjacent to, and commercially a part of Chicago, IL, within which transportation by motor vehicle, in interstate or foreign commerce, not under common control, management, or arrangement for a shipment to or from such zone, is partially exempt from regulation under 49 U.S.C. 13506(b)(1), includes and is comprised of all points as follows: (a) The municipality of Chicago, IL, itself; (b) All points within a line drawn 20 miles beyond the municipal limits of Chicago; (c) All points in Lake County, IL. (d) All of any municipality any part of which is within the limits of the combined area defined in paragraphs (b) and (c) of this section, and (e) All of any municipality wholly surrounded, or so surrounded except for a water boundary, by the municipality of Chicago or any other municipality included under the terms of paragraph (d) of this section. | |||
| 49:49:5.1.1.2.14.2.1.18 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | B | Subpart B—Commercial Zones | § 372.235 New York, NY. | FHWA | [50 FR 34478, Aug. 26, 1985. Redesignated at 55 FR 42198, Oct. 18, 1990, as amended at 62 FR 15422, Apr. 1, 1997] | The zone adjacent to, and commercially a part of, New York, NY, within which transportation by motor vehicle, in interstate or foreign commerce, not under common control, management, or arrangement for shipment to or from points beyond such zone is partially exempt from regulation under 49 U.S.C. 13506(b)(1), includes and is comprised of all points as follows: (a) The municipality of New York, NY, itself; (b) All points within a line drawn 20 miles beyond the municipal limits of New York, NY; (c) All points in Morris County, NJ; (d) All of any municipality any part of which is within the limits of the combined areas defined in paragraphs (b) and (c); and (e) All of any municipality wholly surrounded, or so surrounded except by a water boundary, by the municipality of New York or by any other municipality included under the terms of paragraph (d) of this section. | |||
| 49:49:5.1.1.2.14.2.1.19 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | B | Subpart B—Commercial Zones | § 372.237 Cameron, Hidalgo, Starr, and Willacy Counties, TX. | FHWA | [51 FR 1815, Jan. 15, 1986. Redesignated at 55 FR 42198, Oct. 18, 1990, as amended at 62 FR 15422, Apr. 1, 1997] | (a) Transportation within a zone comprised of Cameron, Hidalgo, Starr, and Willacy Counties, TX, by motor carriers of property, in interstate or foreign commerce, not under common control, management, or arrangement for shipment to or from points beyond such zone, is partially exempt from regulation under 49 U.S.C. 13506(b)(1). (b) To the extent that commercial zones of municipalities within the four counties (as determined under § 372.241) extend beyond the boundaries of this four-county zone, the areas of such commercial zones shall be considered to be part of the zone and partially exempt from regulation under 49 U.S.C. 13506(b)(1). | |||
| 49:49:5.1.1.2.14.2.1.2 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | B | Subpart B—Commercial Zones | § 372.203 Beaumont, TX. | FHWA | [41 FR 56653, Dec. 29, 1976, as amended at 62 FR 15422, Apr. 1, 1997] | The zone adjacent to, and commercially a part of Beaumont, Tex., within which transportation by motor vehicle in interstate or foreign commerce, not under common control, management, or arrangement for a continuous carriage or shipment to or from a point beyond such zone, is partially exempt from regulation under 49 U.S.C. 13506(b)(1) includes and is comprised of all points as follows: (a) The municipality of Beaumont, Tex., itself; (b) All points within a line drawn 8 miles beyond the municipal limits of Beaumont; (c) All points in Jefferson County and Orange County, Tex.; (d) All of any municipality any part of which is within the limits of the combined areas defined in paragraphs (b) and (c) of this section, and (e) All of any municipality wholly surrounded, or so surrounded except for a water boundary, by the municipality of Beaumont or by any other municipality included under the terms of paragraph (d) of this section. | |||
| 49:49:5.1.1.2.14.2.1.20 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | B | Subpart B—Commercial Zones | § 372.239 Definitions. | FHWA | [32 FR 20048, Dec. 20, 1967] | For the purposes of this part, the following terms are defined: (a) Municipality means any city, town, village, or borough which has been created by special legislative act or which has been, otherwise, individually incorporated or chartered pursuant to general State laws, or which is recognized as such, under the Constitution or by the laws of the State in which located, and which has a local government. It does not include a town of the township or New England type. (b) Contiguous municipalities means municipalities, as defined in paragraph (a) of this section, which have at some point a common municipal or corporate boundary. (c) Unincorporated area means any area not within the corporate or municipal boundaries of any municipality as defined in paragraph (a) of this section. | |||
| 49:49:5.1.1.2.14.2.1.21 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | B | Subpart B—Commercial Zones | § 372.241 Commercial zones determined generally, with exceptions. | FHWA | [32 FR 20048, Dec. 20, 1967, as amended at 34 FR 9870, June 26, 1969; 34 FR 15482, Oct. 4, 1969; 41 FR 56655, Dec. 29, 1976; 62 FR 15422, Apr. 1, 1997] | The commercial zone of each municipality in the United States, with the exceptions indicated in the note at the end of this section, within which the transportation of passengers or property, in interstate or foreign commerce, when not under a common control, management, or arrangement for a continuous carriage or shipment to or from a point without such zone, is exempt from all provisions of 49 U.S.C. subtitle IV, part B shall be deemed to consist of: (a) The municipality itself, hereinafter called the base municipality; (b) All municipalities which are contiguous to the base municipality; (c) All other municipalities and all unincorporated areas within the United States which are adjacent to the base municipality as follows: (1) When the base municipality has a population less than 2,500 all unincorporated areas within 3 miles of its corporate limits and all of any other municipality any part of which is within 3 miles of the corporate limits of the base municipality, (2) When the base municipality has a population of 2,500 but less than 25,000 all unincorporated areas within 4 miles of its corporate limits and all of any other municipality any part of which is within 4 miles of the corporate limits of the base municipality. (3) When the base municipality has a population of 25,000 but less than 100,000 all unincorporated areas within 6 miles of its corporate limits and all of any other municipality any part of which is within 6 miles of the corporate limits of the base municipality, and (4) When the base municipality has a population of 100,000 but less than 200,000 all unincorporated areas within 8 miles of its corporate limits and all of any other municipality any part of which is within 8 miles of the corporate limits of the base municipality. (5) When the base municipality has a population of 200,000 but less than 500,000 all unincorporated areas within 10 miles of its corporate limits and all of any other municipality any part of which is within 10 miles of the corporate limits of the base municip… | |||
| 49:49:5.1.1.2.14.2.1.22 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | B | Subpart B—Commercial Zones | § 372.243 Controlling distances and population data. | FHWA | [32 FR 20040, Dec. 20, 1967, as amended at 37 FR 15701, Aug. 4, 1972; 50 FR 10233, Mar. 14, 1985; 62 FR 15422, Apr. 1, 1997] | In the application of § 372.241: (a) Air-line distances or mileages about corporate limits of municipalities shall be used. (b) The population of any municipality shall be deemed to be the highest figure shown for that municipality in any decennial census since (and including) the 1940 decennial census. (c) Contraction of municipal boundaries will not alter the size of commercial zones. | |||
| 49:49:5.1.1.2.14.2.1.23 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | B | Subpart B—Commercial Zones | § 372.245 New Mexico Commercial Zone. | FHWA | [81 FR 9121, Feb. 24, 2016] | (a) Transportation within a zone comprised of Dona Ana and Luna Counties, NM, by motor carriers of property, in interstate or foreign commerce, not under common control, management, or arrangement for shipment to or from points beyond such zone is partially exempt from regulation under 49 U.S.C. 13506(b)(1). (b) To the extent that commercial zones of municipalities within the two counties (as determined under § 372.241) extend beyond the boundaries of this two county zone, the areas of such commercial zones shall be considered to be part of the zone and partially exempted from regulation under 49 U.S.C. 13506(b)(1). | |||
| 49:49:5.1.1.2.14.2.1.24 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | B | Subpart B—Commercial Zones | § 372.247 City of El Paso, TX. | FHWA | [81 FR 9121, Feb. 24, 2016] | The zone adjacent to, and commercially a part of El Paso, TX, within which transportation of passengers or property by motor carriers in interstate or foreign commerce, not under common control, management, or arrangement for a continuous carriage or shipment to or from a point beyond such zone, is partially exempt from regulation under 49 U.S.C. 13506(b)(1), includes and is comprised of all points as follows: (a) The municipality of the City of El Paso, TX; (b) All municipalities which are contiguous to the City of El Paso; (c) All of any other municipalities and all unincorporated areas within the United States which are adjacent to the City of El Paso as follows: (1) Within 15 miles of the corporate limits of the City of El Paso; or (2) Within 15 miles of the corporate limits of the City of San Elizario, TX; and (d) All municipalities wholly surrounded, or so surrounded except for a water boundary, by the City of El Paso, by any municipality contiguous thereto, or by any municipality adjacent thereto which is included in the commercial zone of the City of El Paso under the provisions of paragraph (c) of this section. | |||
| 49:49:5.1.1.2.14.2.1.3 | 49 | Transportation | III | B | 372 | PART 372—EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS | B | Subpart B—Commercial Zones | § 372.205 Charleston, S.C. | FHWA | [41 FR 56653, Dec. 29, 1976, as amended at 46 FR 28658, May 28, 1981; 62 FR 15422, Apr. 1, 1997] | The zone adjacent to, and commercially a part of Charleston, S.C., within which transportation by motor vehicle in interstate or foreign commerce, not under common control, management, or arrangement for a continuous carriage or shipment to or from a point beyond such zone, is partially exempt from regulation under 49 U.S.C. 13506(b)(1) includes and is comprised of all points as follows: (a) The municipality of Charleston, S.C., itself; (b) All points within a line drawn 6 miles beyond the municipal limits of Charleston; (c) Those points in Charleston County, S.C., which are not within the areas described in paragraph (b) of this section; and those points in Berkley County, S.C., which are not within the areas described in paragraph (b) of this section, and which are west of South Carolina Highway 41; and all points in Dorchester County, SC. (d) All of any municipality any part of which is within the limits of the combined areas defined in paragraphs (b) and (c) of this section, and (e) All of any municipality wholly surrounded, or so surrounded except for a water boundary, by the municipality of Charleston or by any other municipality included under the terms of paragraph (d) of this section. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
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subpart TEXT,
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section_number TEXT,
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agency TEXT,
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source_citation TEXT,
amendment_citations TEXT,
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CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);