FMCSA Formally Terminates U.S.-Mexico Cross-Border Trucking Pilot
The Federal Motor Carrier Safety Administration has issued a notice formally announcing, effective March 11, 2009, the termination of the trucking pilot1 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.
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Ending Pilot is Required by FY 2009 Omnibus Appropriations Bill
According to FMCSA, it is terminating the cross-border trucking pilot as Section 136 of the 2009 Omnibus Appropriations Act (Public Law 111-8, which was signed into law on March 11, 2009) prohibits FMCSA from using appropriated funds to continue the trucking project.
(See ITT's Online Archives or 02/25/09 news, 09022510, for BP summary on the cross-border trucking funding prohibition.)
FMCSA Has Stopped Processing Applications, Revoked All Registrations, Etc.
FMCSA states it has ceased processing applications by prospective pilot 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 trucking pilot be revoked upon termination of the pilot. Therefore, FMCSA has processed these forms and revoked all registrations issued in connection with the cross-border trucking pilot.
(Note that Congress has opposed the project in the past because of concerns about the process that led to the program's establishment and its operation. Also, the President has reportedly tasked the Transportation Department to work with certain stakeholders to propose legislation creating a new trucking project that will meet the concerns of Congress and U.S. NAFTA commitments. (See ITT's Online Archives or 03/17/09 news, 09031705, for BP summary.)
1This pilot program, also referred to as a demonstration project, is part of FMCSA's implementation of the North American Free Trade Agreement (NAFTA) cross-border trucking provisions.
(See ITT's Online Archives or 03/17/09 news, 09031705, for BP summary of Mexico announcing its intent to apply $2.4 billion in tariffs to U.S. exports due to termination of the trucking pilot.
See ITT's Online Archives or 11/13/08 news, 08111315, for BP summary of a 12-month report on U.S. implementation of the trucking pilot.
See ITT's Online Archives or 08/06/08 news, 08080620, for BP summary of FMCSA's extension of the pilot to its allowable limit of three years.)
FMCSA contact - Dom Spataro (202) 366-2995
FMCSA notice (FR Pub 03/18/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-5956.pdf