[Federal Register Volume 67, Number 231 (Monday, December 2, 2002)]
[Presidential Documents]
[Pages 71795-71796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30745]



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Part VI





The President





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Memorandum of November 27, 2002--Determination Under the Interstate 
Commerce Commission Termination Act of 1995
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  Federal Register / Vol. 67, No. 231 / Monday, December 2, 2002 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 71795]]

                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 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

[[Page 71796]]

                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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    Washington, November 27, 2002.

[FR Doc. 02-30745
Filed 11-29-02; 12:06 pm]
Billing code 4910-62-M