[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR372.111]



[Page 65-66]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 372_EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS--Table of 

Contents

 

                          Subpart A_Exemptions

 

Sec. 372.111  Nonmember transportation limitation and record keeping.



    (a) Overall limitation of nonmember transportation. No cooperative 

association or federation of cooperative associations may engage in 

nonmember interstate transportation for compensation in any fiscal year 

which, measured in terms of tonnage, exceeds



[[Page 66]]



its total interstate member transportation in such fiscal year.

    (b) Records of interstate transportation when nonmember 

transportation is performed. Any cooperative association or federation 

of cooperative associations performing interstate transportation for 

nonmembers shall prepare and retain for a period of at least two years 

written records of all interstate transportation performed for members 

and nonmembers. These records shall contain:

    (1) The date 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 shipment,

    (6) A description of the equipment used either by unit number or 

license number and, in the event this equipment is nonowned, the name 

and address of its owners and drivers,

    (7) The total charges collected,

    (8) A copy of all leases executed by the cooperative association or 

federation of cooperative associations to obtain equipment to perform 

transportation under 49 U.S.C. 13506(a)(5),

    (9) Whether the transportation performed is:

    (i) Member transportation,

    (ii) Nonmember transportation for nonmembers who are farmers, 

cooperative associations, or federations thereof,

    (iii) Other nonmember transportation, and if of class (iii), how the 

transportation was incidental and necessary as defined in Sec. 

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]