For Immediate Release
Office of the Press Secretary
November 27, 2002
Memorandum for the Secretary of Transportation
SUBJECT: Determination Under the Interstate Commerce
Commission Termination Act of 1995
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 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 Register.
GEORGE W. BUSH
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