[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Page 11628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5956]



Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28055]

Demonstration Project on NAFTA Trucking Provisions

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice of termination of demonstration project.


SUMMARY: The FMCSA announces termination of the demonstration project 
that allowed up to 100 Mexico-domiciled motor carriers to operate 
beyond the U.S. border commercial zones, and the same number of U.S. 
carriers to operate in Mexico. Section 136 of the Transportation, 
Housing and Urban Development, and Related Agencies Appropriations Act, 
2009, of the Omnibus Appropriations Act, 2009, prohibits FMCSA from 
using appropriated funds to continue the demonstration project.

DATES: Effective Date: This notice is effective March 11, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Dom Spataro, Division Chief, 
Telephone (202) 366-2995; e-mail [email protected], or Mr. 
Marcelo Perez, Transportation Specialist, Telephone 512-916-5440 
extension 228, e-mail [email protected] of the North American 
Borders Division, FMCSA, 1200 New Jersey Avenue, SE., Washington, DC 

SUPPLEMENTARY INFORMATION: Former Secretary of Transportation Mary E. 
Peters and Mexico's Secretary of Communications and Transportation Luis 
T[eacute]llez Kuenzler announced a demonstration project to implement 
certain trucking provisions of the North American Free Trade Agreement 
(NAFTA) in February 2007. The demonstration project was initiated on 
September 6, 2007, after the Department of Transportation (DOT) 
complied with a number of conditions imposed by section 6901 of the 
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq 
Accountability Act, 2007, Public Law 110-28, 121 Stat. 112, 183, May 
25, 2007. Further details regarding DOT's compliance with these 
conditions may be found in Federal Register notices published on June 8 
and August 17, 2007 (72 FR 31877 and 72 FR 46263, respectively). The 
demonstration project was initially expected to last one year (see 72 
FR 23883, May 1, 2007). On August 6, 2008, FMCSA announced that the 
demonstration project was being extended from one year to the full 
three years allowed by statute (73 FR 45796).
    On March 11, 2009, the President signed into law the Omnibus 
Appropriations Act, 2009, Public Law 111-8, division I, title I, 123 
Stat. 524. Section 136 of the Transportation, Housing and Urban 
Development, and Related Agencies Appropriations Act, 2009 (Division I, 
title I of the Omnibus Appropriations Act, 2009) provides: ``[N]one of 
the funds appropriated or otherwise made available under this Act may 
be used, directly or indirectly, to establish, implement, continue, 
promote, or in any way permit a cross-border motor carrier 
demonstration program to allow Mexican-domiciled motor carriers to 
operate beyond the commercial zones along the international border 
between the United States and Mexico, including continuing, in whole or 
in part, any such program that was initiated prior to the date of the 
enactment of this Act.''
    In accordance with section 136, FMCSA has terminated the cross-
border demonstration project that began on September 6, 2007. The 
Agency has ceased processing applications by prospective project 
participants and has taken other necessary steps to comply with the 
provision. Further, as a condition of participating in this project, 
Mexico-domiciled motor carriers were required to submit to FMCSA Form 
OCE-46 (Request for Revocation of Registration). This form requests 
that any registration issued by FMCSA pursuant to the cross-border 
demonstration project be revoked upon termination of the project. The 
Agency has processed these forms and revoked all registrations issued 
in connection with the cross-border demonstration project.

    Issued on: March 13, 2009.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. E9-5956 Filed 3-17-09; 8:45 am]