DOT 49 CFR PART 372-2010 EXEMPTIONS COMMERCIAL ZONES AND TERMINAL AREAS.pdf

1、67 Federal Motor Carrier Safety Administration, DOT 372.101 371.10 Duties and obligations of bro-kers. 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

2、 person. 45 FR 68943, Oct. 17, 1980, as amended at 62 FR 15421, Apr. 1, 1997 371.13 Accounting. Each broker who engages in any other business shall maintain accounts so that the revenues and expenses re-lating to the brokerage portion of its business are segregated from its other activities. Expense

3、s that are common shall be allocated on an equitable basis; however, the broker must be pre-pared to explain the basis for the allo-cation. 45 FR 68943, Oct. 17, 1980 PART 372EXEMPTIONS, COM-MERCIAL ZONES, AND TERMINAL AREAS Subpart AExemptions Sec. 372.101 Casual, occasional, or reciprocal transpor

4、tation of passengers for com-pensation when such transportation is sold or arranged by anyone for com-pensation. 372.103 Motor vehicles employed solely in transporting school children and teach-ers to or from school. 372.107 Definitions. 372.109 Computation of tonnage allowable in nonfarm-non-member

5、 transportation. 372.111 Nonmember transportation limita-tion and record keeping. 372.113 Reserved 372.115 Commodities that are not exempt under 49 U.S.C. 13506(a)(6). 372.117 Motor transportation of passengers incidental to transportation by aircraft. Subpart BCommercial Zones 372.201 Albany, NY. 3

6、72.203 Beaumont, TX. 372.205 Charleston, SC. 372.207 Charleston, WV. 372.209 Lake Charles, LA. 372.211 Pittsburgh, PA. 372.213 Pueblo, CO. 372.215 Ravenswood, WV. 372.217 Seattle, WA. 372.219 Washington, DC. 372.221 Twin Cities. 372.223 Consolidated governments. 372.225 Lexington-Fayette Urban Count

7、y, KY. 372.227 Syracuse, NY. 372.229 Spokane, WA. 372.231 Tacoma, WA. 372.233 Chicago, IL. 372.235 New York, NY. 372.237 Cameron, Hidalgo, Starr, and Willacy Counties, TX. 372.239 Definitions. 372.241 Commercial zones determined gen-erally, with exceptions. 372.243 Controlling distances and populati

8、on data. Subpart CTerminal Areas 372.300 Distances and population data. 372.301 Terminal areas of motor carriers and freight forwarders at municipalities served. 372.303 Terminal areas of motor carriers and freight forwarders at unincorporated communities served. AUTHORITY: 49 U.S.C. 13504 and 13506

9、; and 49 CFR 1.73. EDITORIAL NOTE: Nomenclature changes to part 372 appear at 66 FR 49870, Oct. 1, 2001. Subpart AExemptions SOURCE: 32 FR 20036, Dec. 20, 1967, unless otherwise noted. Redesignated at 61 FR 54708, Oct. 21, 1996. 372.101 Casual, occasional, or recip-rocal transportation of passengers

10、 for compensation when such trans-portation is sold or arranged by anyone for compensation. The partial exemption from regula-tion under the provisions of 49 U.S.C. subtitle IV, part B of the casual, occa-sional, and reciprocal transportation of passengers by motor vehicle in inter-state or foreign

11、commerce for com-pensation as provided in 49 U.S.C. 13506(b) be, and it is hereby, removed to the extent necessary to make applica-ble 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 pe

12、rson who sells, offers for sale, VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00077 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-68 49 CFR Ch. III (10110 Edi

13、tion) 372.103 provides, furnishes, contracts, or ar-ranges for such transportation for com-pensation or as a regular occupation or business. 32 FR 20036, Dec. 20, 1967. Redesignated at 61 FR 54708, Oct. 21, 1996, as amended at 62 FR 15421, Apr. 1, 1997 372.103 Motor vehicles employed solely in trans

14、porting school chil-dren and teachers to or from school. 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

15、vehicles are em-ployed at other times in transportation beyond the scope of the exemption. 36 FR 9022, May 18, 1971, as amended at 62 FR 15421, Apr. 1, 1997 372.107 Definitions. As used in the regulations in this part, the following terms shall have the meaning shown: (a) Cooperative association. Th

16、e term cooperative association means an as-sociation which conforms to the fol-lowing 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 proce

17、ssing, 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, T

18、hat such associations are operated for the mutual benefit of the members thereof as such producers or pur-chasers 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 m

19、ay 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 i

20、n 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 be-half of the United States or any agency or instrumentality thereof shall be disregarded in determining the volume of member an

21、d nonmember business transacted by such as-sociation. Associations which do not conform to such definition are not eligible to oper-ate under the partial exemption of 49 U.S.C. 13506(a)(5). (b) Federation of cooperative associa-tions. The term federation of coopera-tive associations means a federati

22、on composed of either two or more cooper-ative associations, or one or more farmers, which federation possesses no greater powers or purposes than a co-operative association as defined in paragraph (a) of this section. Federa-tions of cooperative associations which do not conform to such definition

23、are not eligible to operate under the par-tial exemption of 49 U.S.C. 13506(a)(5). (c) Member. The term member means any farmer or cooperative asso-ciation which has consented to be, has been accepted as, and is a member in good standing in accordance with the constitution, bylaws, or rules of the c

24、o-operative association or federation of cooperative associations. (d) Farmer. The term farmer means any individual, partnership, corpora-tion, or other business entity to the ex-tent engaged in farming operations ei-ther as a producer of agricultural com-modities or as a farm owner. (e) Interstate

25、transportation. The term interstate transportation means transportation by motor vehicle in interstate or foreign commerce subject to the FMCSAs jurisdiction as set forth in 49 U.S.C. 13501. (f) Member transportation. The term member transportation means trans-portation performed by a cooperative as

26、sociation or federation of coopera-tive associations for itself or for its members, but does not include trans-portation performed in furtherance of the nonfarm business of such members. (g) Nonmember transportation. The term nonmember transportation means transportation performed by a cooperative a

27、ssociation or federation of cooperative associations other than member transportation as defined in paragraph (f) of this section. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00078 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for Resal

28、eNo reproduction or networking permitted without license from IHS-,-,-69 Federal Motor Carrier Safety Administration, DOT 372.111 (h) Fiscal year. The term fiscal year means the annual accounting pe-riod adopted by the cooperative asso-ciation or federation of cooperative as-sociations for Federal i

29、ncome tax re-porting purposes. 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 372.109 Computation of tonnage al-lowable in nonfarm-non-member transportation. Interstate transportation performed by a cooperative association or

30、 federa-tion of cooperative associations for nonmembers who are not farmers, co-operative 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 Cod

31、e) shall be limited to that which is incidental to its primary transportation operation and necessary for its effective perform-ance. It shall in no event exceed 25 per-cent of its total interstate transpor-tation services in any fiscal year, measured in terms of tonnage. A coop-erative association

32、or federation of co-operative associations may transport its own property, its members prop-erty, property of other farmers and the property of other cooperatives or fed-erations in accordance with existing law, except where the provisions of 372.111 may be applicable to the limit on member/nonmembe

33、r transportation. (a) The phrase incidental to its pri-mary transportation operation and necessary for its effective perform-ance means that the interstate trans-portation of the cooperative associa-tion or federation of cooperation asso-ciation for nonmembers as described above is performed with th

34、e same trucks or tractors employed in a prior or subsequent trip in the primary transportation operation of the cooper-ative 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 transportati

35、on operation is inbound to the association or federa-tion), and that the additional income obtained from such transportation is necessary to make the primary trans-portation operation financially prac-ticable. Transportation for nonmem-bers as described above performed by a cooperative or federation

36、 through the use of trucks or tractors trip-leased for one-way movements with the coopera-tive association or federation acting as leasee, is not incidental and necessary; (b) The base tonnage to which the 25- percent limitation is applied is all ton-nage of all kinds transported by the co-operative

37、 association or federation of cooperative associations in interstate or foreign commerce, whether for itself, its members or nonmembers, for or on behalf of the United States or any agency or instrumentality thereof, and that performed within the exemp-tion provided by 49 U.S.C. 13506(a)(5). 43 FR 2

38、397, Jan. 17, 1978, as amended at 43 FR 21894, May 22, 1978; 45 FR 45524, July 3, 1980; 62 FR 49940, Sept. 24, 1997 372.111 Nonmember transportation limitation and record keeping. (a) Overall limitation of nonmember transportation. No cooperative associa-tion or federation of cooperative asso-ciatio

39、ns may engage in nonmember interstate transportation for com-pensation in any fiscal year which, measured in terms of tonnage, exceeds its total interstate member transpor-tation in such fiscal year. (b) Records of interstate transportation when nonmember transportation is per-formed. Any cooperativ

40、e association or federation of cooperative associations performing interstate transportation for nonmembers shall prepare and re-tain for a period of at least two years written records of all interstate trans-portation performed for members and nonmembers. These records shall con-tain: (1) The date

41、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 ship-ment, (6) A description of the equipment used either by unit number or license number a

42、nd, in the event this equip-ment is nonowned, the name and ad-dress of its owners and drivers, VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00079 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permi

43、tted without license from IHS-,-,-70 49 CFR Ch. III (10110 Edition) 372.113 (7) The total charges collected, (8) A copy of all leases executed by the cooperative association or federa-tion of cooperative associations to ob-tain equipment to perform transpor-tation under 49 U.S.C. 13506(a)(5), (9) Wh

44、ether the transportation per-formed is: (i) Member transportation, (ii) Nonmember transportation for nonmembers who are farmers, coopera-tive associations, or federations there-of, (iii) Other nonmember transpor-tation, and if of class (iii), how the transportation was incidental and nec-essary as d

45、efined in 372.109(a). 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 372.113 Reserved 372.115 Commodities that are not ex-empt under 49 U.S.C. 13506(a)(6). 49 U.S.C. 13506(a)(6) provides an ex-emption from regulation for mo

46、tor ve-hicles used in carrying ordinary live-stock, fish, and unmanufactured agri-cultural commodities. Certain specific commodities have been statutorily de-termined to be non-exempt. Adminis-trative Ruling No. 133, which is repro-duced below, is a list of those commod-ities that are non-exempt by

47、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 Co

48、pra 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 with-out solubles added Fish meal Hominy feed Middlings Pelletized ground refuse screenings Wheat br

49、an Wheat shorts Fertilizer, commercial Fish: Canned or salted as a treatment for pre-serving 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