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  • § 365.101
    Applications governed by these rules.
  • § 365.103
    Modified procedure.
  • § 365.105
    Starting the application process: Form OP-1.
  • § 365.107
    Types of applications.
  • § 365.109
    FMCSA review of the application.
  • § 365.110
    Need to complete New Entrant Safety Assurance Program.
  • § 365.111
    Appeals to rejections of the application.
  • § 365.113
    Changing the request for authority or filing supplementary evidence after the application is filed.
  • § 365.115
    After publication in the FMCSA Register.
  • § 365.117
    Obtaining a copy of the application.
  • § 365.119
    Opposed applications.
  • § 365.121
    Filing a reply statement.
  • § 365.123
    Applicant withdrawal.
  • § 365.201
    Definitions.
  • § 365.203
    Time for filing.
  • § 365.205
    Contents of the protest.
  • § 365.207
    Withdrawal.
  • § 365.301
    Applicable rules.
  • § 365.303
    Contacting another party.
  • § 365.305
    Serving copies of pleadings.
  • § 365.307
    Replies to motions.
  • § 365.309
    FAX filings.
  • § 365.401
    Scope of rules.
  • § 365.403
    Definitions.
  • § 365.405
    Applications.
  • § 365.407
    Notice.
  • § 365.409
    FMCSA action and criteria for approval.
  • § 365.411
    Responsive pleadings.
  • § 365.413
    Procedures for changing the name or business form of a motor carrier, freight forwarder, or property broker.
  • § 365.501
    Scope of rules.
  • § 365.503
    Application.
  • § 365.505
    Re-registration and fee waiver for certain applicants.
  • § 365.507
    FMCSA action on the application.
  • § 365.509
    Requirement to notify FMCSA of change in applicant information.
  • § 365.511
    Requirement for CVSA inspection of vehicles during first three consecutive years of permanent operating authority.
  • Appendix A to Subpart E of Part 365
    Explanation of Pre-Authorization Safety Audit Evaluation Criteria for Mexico-Domiciled Motor Carriers

Part 365
RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

§ 365.403: Definitions.

For the purposes of this part, the following definitions apply:
(a) Transfer. Transfers include all transactions (i.e., the sale or lease of interstate operating rights, or the merger of two or more carriers or a carrier into a noncarrier) subject to 49 U.S.C. 10926, as well as the sale of property brokers' licenses under 49 U.S.C. 10321.
(b) Operating rights. Operating rights include:
(1) Certificates and permits issued to motor carriers;
(2) Permits issued to freight forwarders;
(3) Licenses issued to property brokers; and
(4) Certificates of Registration issued to motor carriers. The term also includes authority held by virtue of the gateway elimination regulations published in the Federal Register as letter-notices.
(c) Certificate of registration. The evidence of a motor carrier's right to engage in interstate or foreign commerce within a single State is established by a corresponding State certificate.
(d) Person. An individual, partnership, corporation, company, association, or other form of business, or a trustee, receiver, assignee, or personal representative of any of these.
(e) Record holder. The person shown on the records of the FMCSA as the legal owner of the operating rights.
(f) Control. A relationship between persons that includes actual control, legal control, and the power to exercise control, through or by common directors, officers, stockholders, a voting trust, a holding or investment company, or any other means.
(g) Category 1 transfers. Transactions in which the person to whom the operating rights would be transferred is not an FMCSA carrier and is not affiliated with any FMCSA carrier.
(h) Category 2 transfers. Transactions in which the person to whom the operating rights would be transferred is an FMCSA carrier and/or is affiliated with an FMCSA carrier.

Citation: [53 FR 4852, Feb. 18, 1988, as amended at 67 FR 61821, Oct. 2, 2002]