[Code of Federal Regulations]
[Title 3, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 3CFRNov27]
Memorandum of November 27, 2002
Determination Under the Interstate Commerce Commission Termination Act of
1995
Memorandum for the Secretary of Transportation
Section 6 of the Bus Regulatory Reform Act of 1982, Public Law
97-261, 96 Stat. 1103, imposed a moratorium on the issuance of
certificates or permits to motor carriers domiciled in, or
owned or controlled by persons of, a contiguous foreign
country and authorized the President to modify the moratorium.
The Interstate Commerce Commission Termination Act of 1995
(ICCTA), Public Law 104-88, 109 Stat. 803, maintained these
restrictions, subject to modifications made prior to the
enactment of the ICCTA, and empowered the President to make
further modifications to the moratorium.
Pursuant to 49 U.S.C. 13902(c)(3), I modified the moratorium
on June 5, 2001, to allow motor carriers domiciled in the
United States that are owned or controlled by persons of
Mexico to obtain operating authority to transport
international cargo by truck between points in the United
States and to provide bus services between points in the
United States.
The North American Free Trade Agreement (NAFTA) established a
schedule for liberalizing certain restrictions on the
provision of bus and truck services by Mexican-domiciled motor
carriers in the United States. Pursuant to 49 U.S.C.
13902(c)(3), I hereby determine that the following
modifications to the moratorium are consistent with
obligations of the United States under NAFTA and with our
national transportation policy and that the moratorium shall
be modified accordingly.
First, qualified motor carriers domiciled in Mexico will be
allowed to obtain operating authority to transport passengers
in cross-border scheduled bus services. Second, qualified
motor carriers domiciled in Mexico will be allowed to obtain
operating authority to provide cross-border truck services.
The moratorium on the issuance of certificates or permits to
Mexican-domiciled motor carriers for the provision of truck or
bus services between points in the United States will remain
in place. These modifications shall be effective on the date
of this memorandum.
Furthermore, pursuant to 49 U.S.C. 13902(c)(5), I hereby
determine that expeditious action is required to implement
this modification to the moratorium. Effective on the date of
this memorandum, the Department of Transportation is
authorized to act on applications, submitted by motor carriers
domiciled in Mexico, to obtain operating authority to provide
cross-border
[[Page 330]]
scheduled bus services and cross-border truck services. In
reviewing such applications, the Department shall continue to
work closely with the Department of Justice, the Office of
Homeland Security, and other relevant Federal departments,
agencies, and offices in order to help ensure the security of
the border and to prevent potential threats to national
security.
Motor carriers domiciled in Mexico operating in the United
States will be subject to the same Federal and State laws,
regulations, and procedures that apply to carriers domiciled
in the United States. These include safety regulations, such
as drug and alcohol testing requirements; insurance
requirements; taxes and fees; and other applicable laws and
regulations, including those administered by the United States
Customs Service, the Immigration and Naturalization Service,
the Department of Labor, and Federal and State environmental
agencies.
You are authorized and directed to publish this memorandum in
the Federal eister.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, November 27, 2002.