[Weekly Compilation of Presidential Documents Volume 38, Number 48 (Monday, December 2, 2002)]
[Pages 2103-2104]
[Online from the Government Publishing Office, www.gpo.gov]

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

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

[[Page 2104]]

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

[Filed with the Office of the Federal Register, 12:06 p.m., November 29, 
2002]

Note: This Executive order was published in the Federal Register on 
December 2.