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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

§ 365.409: FMCSA action and criteria for approval.

A transfer will be approved under this section if:
(a) The transaction is not subject to 49 U.S.C. 14303; and
(b) The transaction is consistent with the public interest; however,
(c) If the transferor or transferee has an “Unsatisfactory” safety fitness rating from DOT, the transfer may be denied. If an application is denied, the FMCSA will set forth the basis for its action in a decision or letter notice. If parties with “Unsatisfactory” safety fitness ratings consummate a transaction pursuant to the 10-day rule at § 365.405 of this part prior to the notification of FMCSA action, they do so at their own risk and subject to any conditions we may impose subsequently. Transactions that have been consummated but later are denied by the FMCSA are null and void and must be rescinded. Similarly, if applications contain false or misleading information, they are void ab initio.

Citation: [53 FR 4852, Feb. 18, 1988, as amended at 56 FR 46735, Sept. 16, 1991; 62 FR 49940, Sept. 24, 1997]