For Immediate Release
Office of the Press Secretary
June 6, 2001
Memorandum
June 6, 2001
SUBJECT: 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 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) maintained these restrictions, subject to
modifications made prior to the enactment of the ICCTA, and authorized the
President to make further modifica-tions 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
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