[Weekly Compilation of Presidential Documents Volume 37, Number 23 (Monday, June 11, 2001)]
[Pages 853-854]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Determination Under the Interstate Commerce Commission 
Termination Act of 1995

June 5, 2001

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 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

[[Page 854]]

(ICCTA) maintained these restrictions, subject to modifications made 
prior to the enactment of the ICCTA, and authorized the President to 
make further modifications to the moratorium. The relevant provisions of 
the ICCTA are codified at 49 U.S.C. 13902.
    The North American Free Trade Agreement (NAFTA) established a 
schedule for liberalizing certain restrictions on investment in truck 
and bus services. Pursuant to 49 U.S.C. 13902(c)(3), I have determined 
that the following modifications to the moratorium are consistent with 
obligations of the United States under NAFTA and with U.S. 
transportation policy, and that the moratorium shall be modified 
accordingly. First, enterprises domiciled in the United States that are 
owned or controlled by persons of Mexico will be allowed to obtain 
operating authority to provide truck services for the transportation of 
international cargo between points in the United States. Second, 
enterprises domiciled in the United States that are owned or controlled 
by persons of Mexico will be allowed to obtain operating authority to 
provide bus services between points in the United States. These 
modifications shall be effective today.
    Pursuant to 49 U.S.C. 13902(c)(5), I have determined that 
expeditious action is required to implement these modifications to the 
moratorium. Effective today, the Department of Transportation will 
accept and expeditiously process applications, submitted by enterprises 
domiciled in the United States that are owned or controlled by persons 
of Mexico, to obtain operating authority to provide truck services for 
the transportation of international cargo between points in the United 
States or to provide bus services between points in the United States.
    Motor carriers domiciled in the United States that are owned or 
controlled by persons of Mexico will be subject to the same Federal and 
State regulations and procedures that apply to all other U.S. carriers. 
These include safety regulations, such as drug and alcohol testing; 
insurance requirements; taxes and fees; and all other applicable laws 
and regulations, including those administered by the U.S. Customs 
Service, the Immigration and Naturalization Service, and the Department 
of Labor.
    This memorandum shall be published in the Federal Register.
                                                George W. Bush

 [Filed with the Office of the Federal Register, 12:27 p.m., June 6, 
2001]

Note: This memorandum was released by the Office of the Press Secretary 
on June 6, and it was published in the Federal Register on June 7.