Historical textIn force on Oct. 1, 2014Source: annual CFR editions 2001–2016

§ 365.409 FMCSA action and criteria for approval.

Wording in the annual edition revised as of Oct. 1, 2001, superseded January 18, 2017. The section was then removed.

govinfo, 2014 edition ↗

Compare with

Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2014 edition's wording. An amendment that took effect between Oct. 1, 2014 and Oct. 1, 2014 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.

49 CFR § 365.409 — FMCSA action and criteria for approval.. Text in force on October 1, 2014. This wording effective October 1, 2001 to January 18, 2017. Source: govinfo, 2014 edition, https://www.govinfo.gov/app/details/CFR-2014-title49-vol5/CFR-2014-title49-vol5-sec365-409. Retrieved from FMCSR.com, https://fmcsr.com/reg/365.409?asof=2014-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

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 Transactions that have been consummated but later are denied by the FMCSA are null and void and must be rescinded.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.

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

Amendment history

2 distinct wordings on file since Oct. 1, 1998

Oct. 1, 2001 → Jan. 18, 2017annual editions 2001–2016diff vs. previousviewing
[53 FR 4852, Feb. 18, 1988, as amended at 56 FR 46735, Sept. 16, 1991; 62 FR 49940, Sept. 24, 1997]
Oct. 1, 1998 → Oct. 1, 2001annual editions 1998–2000
[53 FR 4852, Feb. 18, 1988, as amended at 56 FR 46735, Sept. 16, 1991; 62 FR 49940, Sept. 24, 1997]

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.