The Mexican-U.S. border may remain closed to free international trucking for at least a year while the Federal Motor Carrier Safety Administration prepares an environmental impact statement
to meet requirements of a U.S. Ninth Circuit Court of Appeals decision. However the agency said it has not ruled out the possibility of appealing the decision to the U.S. Supreme Court.
The Ninth Circuit Court decision effectively blocked the Bush administration from implementing the truck and bus provisions of the North American Free Trade Agreement (NAFTA). NAFTA was implemented in 1994, but the Clinton administration delayed the incremental opening of the border to Mexican trucking as called for by the treaty. The Bush administration has said it would open the border in accordance with NAFTA provisions.
In May 2001 FMCSA issued regulations for operation of Mexican trucks and buses in the U. S.. The rules established application procedures for Mexican carriers to operate in the United States beyond the border commercial zones and set forth safety monitoring procedures for Mexican carriers operating anywhere in the United States.
FMCSA conducted a environmental assessment of the proposed rules, which found they would not have a significant environmental impact. FMCSA therefore concluded that a full environmental impact statement was not necessary and issued interim final rules in March 2002. But the court determined that the environmental assessment was insufficient.
FMCSA awarded a $1.8 million contract to ICF Consulting, Fairfax, VA, to prepare a fully developed environmental impact statement that analyzes the short- and long-term environmental impacts of Mexican trucks operating beyond the border zones. FMCSA estimates that the EIS will be completed in 12 to18 months.
Comments may be submitted at http://www.fmcsa.dot.gov/NAFTAEIS.