§ 390.52 Definitions.

In this subpart:

Applicable State law means the vehicle weight laws, including overweight operating permit regulations, of each State in which intermodal transportation occurs or where an act of coercion allegedly occurs.

Carrier means:

(1) A motor carrier, water carrier, and rail carrier (as such terms are defined in 49 U.S.C. 10102), and

(2) An ocean common carrier (as such term is defined in 46 U.S.C. app. 1702), providing transportation of property in commerce.

Coerce or attempt to coerce means a threat to inflict physical harm or to withhold business from a person participating in intermodal transportation in order to induce that person to transport a loaded container or trailer in violation of the provisions of § 390.56 or 390.60.

Container means an article of transport equipment:

(1) Of a permanent character and accordingly strong enough to be suitable for repeated use;

(2) Specially designed to facilitate the carriage of goods by one or more modes of transport, without intermediate reloading;

(3) Fitted with devices permitting its ready handling, particular its transfer from one mode of transport to another;

(4) So designed as to be easy to fill and empty; and

(5) Having an internal volume of one cubic meter (35.3 cubic feet) or more.

Initial carrier means the first carrier transporting in intermodal transportation a loaded container or trailer.

Intermodal transportation means successive carriage of a loaded container or trailer from an origin point to a destination point by more than one type of carrier in interstate or foreign commerce. Such term shall include carriage by more than one mode of transportation in interstate or foreign commerce both under a single bill of lading and under separate bills of lading.

Loaded container or trailer means a container or trailer in intermodal transportation with an actual gross cargo weight (inclusive of packing material and pallets) of more than 10,000 pounds or 4,536 kilograms.

Reasonable description means a representative statement that characterizes the cargo transported, such as, but not limited to, the term freight all kinds and other similar generic descriptions. A reasonable description shall identify a container or trailer loaded with perishable agricultural commodities. A reasonable description shall identify a container or trailer whose contents are likely to shift during intermodal transportation causing an uneven or concentrated weight distribution which may result in an axle weight violation during highway transportation. For the purposes of reasonable description, likely to shift means the contents of a container or trailer by the nature of its transportation characteristics has a high probability of moving within the container or trailer. Hazardous material shipping paper requirements (49 CFR part 172, subpart C) are not affected by this definition, and shipping papers must be prepared as required.

Tender a loaded container or trailer means to present a loaded container or trailer to an initial carrier for intermodal transportation. A person who loads the container or trailer, including a person who consolidates multiple shipments, shall be considered to be the person tendering a loaded container or trailer unless some other appropriate party assumes that responsibility.

Trailer means a nonpower, cargo carrying, trailing unit which is designed for use in combination with a truck tractor.