§FMCSR.com
Historical textIn force on Oct. 1, 1997Source: annual CFR edition 1996

§ 390.54 Notification and certification.

Wording first on file in the 1996 annual edition, superseded by the 1998 annual edition. The section was then removed.

govinfo, 1996 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 1996 edition's wording. An amendment that took effect between Oct. 1, 1997 and Oct. 1, 1997 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates. govinfo does not publish the 1997 edition of Parts 300–399 in machine-readable form, so the 1996 text is shown for that year.

(a) If the initial carrier is a motor carrier, before any person tenders a container or trailer subject to this subpart having a projected gross cargo weight (inclusive of packing material and pallets) of more than 10,000 pounds or 4,536 kilograms, such person shall notify the initial carrier of the projected gross cargo weight and a reasonable description of the contents of the container or trailer. The notification may be communicated by electronic transmission or telephone.

(b) At or before the time any person tenders a loaded container or trailer subject to this subpart, such person shall provide a certification to the initial carrier.

(1) If the initial carrier is a motor carrier, the certification shall be provided in a tangible form.

(2) The certification may be transmitted electronically, provided that the certification can be reproduced in a tangible form.

(3) A carrier, agent of a carrier, broker, customs broker, freight forwarder, warehouseman, and terminal operator shall not be considered to be tendering a loaded container or trailer unless such person loads the container or trailer or issues the certification on the basis of information available from the person who loads the container or trailer.

(c) The certification shall include:

(1) The title “INTERMODAL CERTIFICATION”;

(2) The identification number of the container or trailer;

(3) The actual gross cargo weight, including the unit of measurement, of the contents of the container or trailer, including packing material and pallets;

(4) A reasonable description of the contents;

(5) The name and company of the person tendering the loaded container or trailer; and

(6) The date.

(d) Signature. The certification required by paragraph (c) of this section:

(1) Must be legibly signed by the person or representative tendering the loaded container or trailer; and

(2) May be legibly signed manually, by typewriter, or other mechanical means.

(e) The required elements of a certification shall be legible and in the English language.

(f) No person may provide false or erroneous information in a certification.

(g) The following form may be used to comply with this section:

Intermodal Certification

Identification number:

Gross cargo weight:

Reasonable description:

(Name and company of the person tendering the loaded container or trailer)

(Signature of the person tendering the loaded container or trailer)

(Date)

Amendment history

1 distinct wording on file since Oct. 1, 1996
  1. Oct. 1, 1996 → Oct. 1, 1998annual edition 1996viewing

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.