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NAFTA / MEXICAN TRUCKS

DOT Report Says NAFTA Delays Expected

6/11/2003 - RoadstarOnline.com

A report issued by the Department of Transportation’s Office of the Inspector General (OIG) suggests the loss of a lawsuit in April could delay the opening of the Mexican border to trucks by two more years.

The OIG's report says the agency has "substantially complied" with safety requirements to allow long-haul Mexican carriers to operate throughout the United States. It specifically notes the FMCSA's compliance in areas such as hiring and training inspectors, inspection facilities and inspectors' abilities to access information on Mexican trucks and drivers electronically.

However, the OIG also pointed out that the DOT's loss of an April 10 lawsuit in the U.S. 9th Circuit Court of Appeals could delay the border opening up to another two years.

Public Citizen, the California Trucking Association (TCA) and labor groups were among the groups that filed the lawsuit. The court denied DOT's petition for a rehearing of the decision. It also refused the department's request for a full court review of its January 16 ruling, when the appellate court ruled the Bush Administration had not met environmental law requirements when it announced it would open the border. The court upheld the petitioner's argument that the agency is required to complete a full environmental impact statement and a Clean Air Act analysis, according to their June 2 report.

In addition, the OIG had the following specific recommendations to the FMCSA in their report:
1) Use border safety auditors and investigators to conduct safety audits for implementation of the new entrant program
2) Monitor dedicated inspection, out-of-service and office spaces at commercial crossings and work with GSA to ensure executed agreements and leases are implemented
3) Include in the reevaluation of resource requirements at the U.S.-Mexico border, an assessment of the crossings where passenger buses are expected to enter the U.S.
4) Include procedures and practices in refresher training modules to ensure that federal and state inspectors are knowledgeable of FMCSA’s policies and procedures for Mexican long-haul trucks and buses.

The FMCSA must provide a written response to the OIG report within 30 days, including actions taken or planned for each recommendation and target dates for completion. Agency officials are reviewing their options, including if they should recommend an appeal to the Supreme Court. They are also deciding if they should prepare an environmental impact statement in addition to appealing.