[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

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          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.