1、36 49 CFR Ch. III (10110 Edition) Pt. 356 b. do not create an undue burden on inter-state commerce, e.g., do not delay, inter-fere with, or increase that cost or the admin-istrative burden for a motor carrier trans-porting property or passengers in interstate commerce; and c. Are otherwise compatibl
2、e with Federal safety requirements. 3. A State must adopt and enforce in a con-sistent manner the requirements referenced in the above guidelines in order for the FMCSA to accept the States determination that it has compatible safety requirements affecting interstate motor carrier oper-ations. Gener
3、ally, the States would have up to 3 years from the effective date of the new Federal requirement to adopt and enforce compatible requirements. The FMCSA would specify the deadline when promulgating fu-ture Federal safety requirements. The re-quirements are considered of equal impor-tance. 57 FR 4096
4、2, Sept. 8, 1992, as amended by 58 FR 33776, June 21, 1993; 62 FR 37151, July 11, 1997; 65 FR 15110, Mar. 21, 2000 PART 356MOTOR CARRIER ROUTING REGULATIONS Sec. 356.1 Authority to serve a particular area construction. 356.3 Reserved 356.5 Traversal authority. 356.7 Tacking. 356.9 Elimination of rou
5、ting restrictions regular route carriers. 356.11 Elimination of gatewaysregular and irregular route carriers. 356.13 Redesignated highways. AUTHORITY: 5 U.S.C. 553; 49 U.S.C. 13301 and 13902; and 49 CFR 1.73. SOURCE: 62 FR 32041, June 12, 1997, unless otherwise noted. EDITORIAL NOTE: Nomenclature ch
6、anges to part 356 appear at 66 FR 49870, Oct. 1, 2001. 356.1 Authority to serve a particular areaconstruction. (a) Service at municipality. A motor carrier of property, motor passenger carrier of express, and freight for-warder authorized to serve a munici-pality may serve all points within that mun
7、icipalitys commercial zone not be-yond the territorial limits, if any, fixed in such authority. (b) Service at unincorporated commu-nity. A motor carrier of property, motor passenger carrier of express, and freight forwarder, authorized to serve an unincorporated community having a post office of th
8、e same name, may serve all points in the United States not beyond the territorial limits, if any, fixed in such authority, as follows: (1) All points within 3 miles of the post office in such unincorporated com-munity if it has a population of less than 2,500; within 4 miles if it has a population o
9、f 2,500 but less than 25,000; and within 6 miles if it has a popu-lation of 25,000 or more; (2) At all points in any municipality any part of which is within the limits described in paragraph (b)(1) of this section; and (3) At all points in any municipality wholly surrounded, or so surrounded except
10、 for a water boundary, by any municipality included under the terms of paragraph (b)(2) of this section. 356.3 Reserved 356.5 Traversal authority. (a) Scope. An irregular route motor carrier may operate between author-ized service points over any reasonably direct or logical route unless expressly p
11、rohibited. (b) Requirements. Before commencing operations, the carrier must, regarding each State traversed: (1) Notify the State regulatory body in writing, attaching a copy of its oper-ating rights; (2) Designate a process agent; and (3) Comply with 49 CFR 387.315. 356.7 Tacking. Unless expressly
12、prohibited, a motor common carrier of property holding separate authorities which have com-mon service points may join, or tack, those authorities at the common point, or gateway, for the purpose of per-forming through service as follows: (a) Regular route authorities may be tacked with one another;
13、 (b) Regular route authority may be tacked with irregular route authority; (c) Irregular route authorities may be tacked with one another if the au-thorities were granted pursuant to ap-plication filed on or before November 23, 1973, and the distance between the points at which service is provided,
14、when measured through the gateway point, is 300 miles or less; and VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00046 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IH
15、S-,-,-37 Federal Motor Carrier Safety Administration, DOT 360.1 (d) Irregular route authorities may be tacked with one another if the au-thorities involved contain a specific provision granting the right to tack. 356.9 Elimination of routing restric-tionsregular route carriers. (a) Regular route aut
16、horitiesconstruc-tion. All certificates that, either singly or in combination, authorize the trans-portation by a motor common carrier of property over: (1) A single regular route or; (2) Over two or more regular routes that can lawfully be tacked at a com-mon service point, shall be construed as au
17、thorizing transportation between authorized service points over any available route. (b) Service at authorized points. A com-mon carrier departing from its author-ized service routes under paragraph (a) of this section shall continue to serve points authorized to be served on or in connection with i
18、ts authorized service routes. (c) Intermediate point service. A com-mon carrier conducting operations under paragraph (a) of this section may serve points on, and within one airline mile of, an alternative route it elects to use if all the following conditions are met: (1) The carrier is authorized
19、to serve all intermediate points (without regard to nominal restrictions) on the under-lying service route; (2) The alternative route involves the use of a superhighway (i.e., a limited access highway with split-level cross-ings); (3) The alternative superhighway route, including highways connecting
20、 the superhighway portion of the route with the carriers authorized service route, (i) Extends in the same general direc-tion as the carriers authorized service route and (ii) Is wholly within 25 airline miles of the carriers authorized service route; and (4) Service is provided in the same manner a
21、s, and subject to any restric-tions that apply to, service over the authorized service route. 356.11 Elimination of gatewaysreg-ular and irregular route carriers. A motor common carrier of property holding separate grants of authority (including regular route authority), one or more of which authori
22、zes trans-portation over irregular routes, where the authorities have a common service point at which they can lawfully be tacked to perform through service, may perform such through service over any available route. 356.13 Redesignated highways. Where a highway over which a reg-ular route motor com
23、mon carrier of property is authorized to operate is as-signed a new designation, such as a new number, letter, or name, the car-rier shall advise the FMCSA by letter, and shall provide information con-cerning the new and the old designa-tion, the points between which the highway is redesignated, and
24、 each place where the highway is referred to in the carriers authority. The new des-ignation of the highway will be shown in the carriers certificate when the FMCSA has occasion to reissue it. PART 360FEES FOR MOTOR CAR-RIER REGISTRATION AND INSUR-ANCE Sec. 360.1 Fees for records search, review, cop
25、y-ing, certification, and related services. 360.3 Filing fees. 360.5 Updating user fees. AUTHORITY: 31 U.S.C. 9701; 49 U.S.C. 13908(c) and 14504(c)(2); and 49 CFR 1.73. SOURCE: 64 FR 7137, Feb. 12, 1999, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes to part 360 appear at 66 FR 49870,
26、Oct. 1, 2001. 360.1 Fees for records search, review, copying, certification, and related services. Certifications and copies of public records and documents on file with the Federal Motor Carrier Safety Adminis-tration will be furnished on the fol-lowing basis, pursuant to the Freedom of Information Act regulations at 49 CFR Part 7: VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00047 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
