[Code of Federal Regulations] [Title 49, Volume 4] [Revised as of October 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR365.101] [Page 824-825] TITLE 49--TRANSPORTATION DEPARTMENT OF TRANSPORTATION PART 365_RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY--Table of Contents Subpart A_How To Apply for Operating Authority Sec. 365.101 Applications governed by these rules. Subpart A_How To Apply for Operating Authority Sec. 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. 365.111 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. Subpart B_How To Oppose Requests for Authority 365.201 Definitions. 365.203 Time for filing. 365.205 Contents of the protest. 365.207 Withdrawal. Subpart C_General Rules Governing the Application Process 365.301 Applicable rules. 365.303 Contacting another party. 365.305 Serving copies of pleadings. 365.307 Replies to motions. 365.309 FAX filings. Subpart D_Transfer of Operating Rights Under 49 U.S.C. 10926 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. [[Page 825]] Subpart E_Special Rules for Certain Mexico-Domiciled Carriers 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--Explanation of Pre-Authorization Safety Audit Evaluation Criteria for Mexico-Domiciled Motor Carriers Authority: 5 U.S.C. 553 and 559; 16 U.S.C. 1456; 49 U.S.C. 13101, 13301, 13901-13906, 14708, 31138, and 31144; 49 CFR 1.73. Source: 59 FR 63728, Dec. 9, 1994, unless otherwise noted. Redesignated at 61 FR 54707, Oct. 21, 1996. Editorial Note: Nomenclature changes to part 365 appear at 66 FR 49870, Oct. 1, 2001. These rules govern the handling of applications for operating authority of the following type: (a) Applications for certificates and permits to operate as a motor common or contract carrier of property or passengers. (b) Applications for permits to operate as a freight forwarder. (c) [Reserved] (d) Applications for licenses to operate as a broker of motor vehicle transportation. (e) Applications for certificates under 49 U.S.C. 13902(b)(3) to operate as a motor common carrier of passengers in intrastate commerce on a route over which applicant holds interstate authority as of November 19, 1982. (f) Applications for certificates under 49 U.S.C. 13902(b)(3) to operate as a motor common carrier of passengers in intrastate commerce on a route over which applicant has been granted or will be granted interstate authority after November 19, 1982. (g) Applications for temporary motor carrier authority. (h) Applications for Mexico-domiciled motor carriers to operate in foreign commerce as common, contract or private motor carriers of property (including exempt items) between Mexico and all points in the United States. Under NAFTA Annex I, page I-U-20, a Mexico-domiciled motor carrier may not provide point-to-point transportation services, including express delivery services, within the United States for goods other than international cargo. [59 FR 63728, Dec. 9, 1994, as amended at 60 FR 63981, Dec. 13, 1995; 62 FR 49940, Sept. 24, 1997; 67 FR 12714, Mar. 19, 2002; 67 FR 61820, Oct. 2, 2002]