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Y 4.096/11100-4

INTERNATIONAL MOTOR CARRIER RELATIONS
BETWEEN THE UNITED STATES AND MEXICO AND
REGULATORY EXEMPTIONS

(100-9)

CIS RECORD ONLY:

HEARING

BEFORE THE

SUBCOMMITTEE ON SURFACE TRANSPORTATION

OF THE

COMMITTEE ON

PUBLIC WORKS AND TRANSPORTATION
HOUSE OF REPRESENTATIVES

ONE HUNDREDTH CONGRESS

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For sale by the Superintendent of Documents, Congressional Sales Office
U.S..Government Printing Office, Washington, DC 20402

COMMITTEE ON PUBLIC WORKS AND TRANSPORTATION

JAMES J. HOWARD, New Jersey, Chairman

GLENN M. ANDERSON, California
ROBERT A. ROE, New Jersey
NORMAN Y. MINETA, California
JAMES L. OBERSTAR, Minnesota
HENRY J. NOWAK, New York

NICK JOE RAHALL II, West Virginia
DOUGLAS APPLEGATE, Ohio
RON DE LUGO, Virgin Islands
GUS SAVAGE, Illinois

FOFO I.F. SUNIA, American Samoa
DOUGLAS H. BOSCO, California
ROBERT A. BORSKI, Pennsylvania
JOE KOLTER, Pennsylvania
TIM VALENTINE, North Carolina
EDOLPHUS TOWNS, New York
WILLIAM O. LIPINSKI, Illinois
J. ROY ROWLAND, Georgia
ROBERT E. WISE, JR., West Virginia
KENNETH J. GRAY, Illinois
PETER J. VISCLOSKY, Indiana
JAMES A. TRAFICANT, JR., Ohio

JIM CHAPMAN, Texas

H. MARTIN LANCASTER, North Carolina

LOUISE MCINTOSH SLAUGHTER, New York

JOHN LEWIS, Georgia

PETER A. DEFAZIO, Oregon

BENJAMIN L. CARDIN, Maryland

BILL GRANT, Florida

DAVID E. SKAGGS, Colorado

JIMMY HAYES, Louisiana

CARL C. PERKINS, Kentucky

JOHN PAUL HAMMERSCHMIDT, Arkansas
BUD SHUSTER, Pennsylvania

ARLAN STANGELAND, Minnesota
NEWT GINGRICH, Georgia

WILLIAM F. CLINGER, JR., Pennsylvania
GUY MOLINARI, New York

E. CLAY SHAW, JR., Florida
BOB MCEWEN, Ohio

THOMAS E. PETRI, Wisconsin
DON SUNDQUIST, Tennessee
NANCY L. JOHNSON, Connecticut
RON PACKARD, California
SHERWOOD BOEHLERT, New York
DEAN A. GALLO, New Jersey

HELEN DELICH BENTLEY, Maryland
JIM LIGHTFOOT, Iowa

DENNIS HASTERT, Illinois

JAMES M. INHOFE, Oklahoma

CASS BALLENGER, North Carolina
FRED UPTON, Michigan

SUBCOMMITTEE ON SURFACE TRANSPORTATION

GLENN M. ANDERSON, California, Chairman

NICK JOE RAHALL II, West Virginia
DOUGLAS APPLEGATE, Ohio
DOUGLAS H. BOSCO, California
ROBERT A. BORSKI, Pennsylvania
JOE KOLTER, Pennsylvania
EDOLPHUS TOWNS, New York
WILLIAM O. LIPINSKI, Illinois
J. ROY ROWLAND, Georgia
ROBERT E. WISE, JR., West Virginia
KENNETH J. GRAY, Illinois
JAMES A. TRAFICANT, JR., Ohio

H. MARTIN LANCASTER, North Carolina
LOUISE MCINTOSH SLAUGHTER, New
York

BILL GRANT, Florida

ROBERT A. ROE, New Jersey

NORMAN Y. MINETA, California

HENRY J. NOWAK, New York

RON DE LUGO, Virgin Islands JAMES J. HOWARD, New Jersey, (Ex officio)

BUD SHUSTER, Pennsylvania
NEWT GINGRICH, Georgia
WILLIAM R. CLINGER, JR., Pennsylvania
E. CLAY SHAW, JR., Florida
BOB MCEWEN, Ohio

THOMAS E. PETRI, Wisconsin

RON PACKARD, California

SHERWOOD BOEHLERT, New York
DEAN A. GALLO, New Jersey

JIM LIGHTFOOT, Iowa
DENNIS HASTERT, Illinois

FRED UPTON, Michigan

JOHN PAUL HAMMERSCHMIDT, Arkansas (Ex officio)

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CONTENTS

TESTIMONY

Page

Banks, Samuel H., Assistant Commissioner, Office of Inspection and Control,
U.S. Customs Service..

50

92

54

3

Beaman, James M., director of trade development, Port of Brownsville, TX,
and member, Rio Grande Valley Trucking Coalition

Bennett, B. Timothy, Deputy Assistant U.S. Trade Representative for Mexico,
Office of the U.S. Trade Representative...

Coleman, Hon. Ronald D., a Representative in Congress from Texas.
Donohue, Thomas J., president and chief executive officer, American Truck-
ing Associations, Inc.

Gradison, Hon. Heather, Chairman, Interstate Commerce Commission, accom-
panied by John W. Hennigan, Jr., Chief of Policy; and Bernard G. Gaillard,
Director, Office of Compliance and Consumer Affairs...
Haseltine, Philip, Deputy Assistant Secretary for Policy and International
Affairs, U.S. Department of Transportation; and Richard P. Landis, Associ-
ate Administrator for Motor Carriers, Federal Highway Administration......
Michie, Don, University of Texas Business School, representing the El Paso
Foreign Trade Association....

Miles, Rudolf, Jr., Miles Transportation, El Paso, TX.

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White, Robert L., secretary-treasurer, Truck Owner/Drivers Cooperative, Inc.,
Wilmington, CA..

191

Letter supplementing testimony

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Michie, Donald A., Ph.D., chairperson, Department of Marketing, the Univer-
sity of Texas at El Paso, statement.

Miles, Rudy, Jr., president, The Miles Group, Inc., statement.

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Weeks, William E., executive vice president, Texas Citrus and Vegetable
Import Association, statement........

ADDITIONS TO THE RECORD

American Bus Association, Norman R. Sherlock, president, letter
Chema, Thomas V., chairman, State of Ohio Public Utilities Commission,
letter

National Association of Regulatory Utility Commissioners, statement and
resolution

Lowery, Hon. Bill, a Representative in Congress from California, statement.....

Page

115

195

197

198

202

INTERNATIONAL MOTOR CARRIER RELATIONS BETWEEN THE UNITED STATES AND MEXICO AND REGULATORY EXEMPTIONS

THURSDAY, MARCH 26, 1987

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON SURFACE TRANSPORTATION,

COMMITTEE ON PUBLIC WORKS AND TRANSPORTATION,

Washington, DC.

The subcommittee met, pursuant to notice, at 9:42 a.m., in room 2167, Rayburn House Office Building, Hon. Glenn M. Anderson (chairman of the subcommittee) presiding.

Mr. ANDERSON. The subcommittee will come to order.

The subcommittee is meeting today to receive testimony on motor carrier issues related to commercial zones. As it happens, most of those appearing will be focusing on issues that are very important to me, and on which we have dedicated large amounts of time and energy these past few years.

We will be examining, with our witnesses, the issue of Mexican trucking companies operating in this country, competing with domestic carriers, when U.S. carriers are not generally allowed to operate south of the border. We have twice attempted to address this matter legislatively. In 1982, we imposed a moratorium on the issuance of operating certificates to Mexican carriers of regulated commodities in this country. Then, because Mexican private carriers and those hauling exempt goods were still coming in and operating throughout the 48 States, we acted in 1984 to restrict such carriers to commercial zones, and then only if they applied for special operating certificates which could only be received upon meeting U.S. safety and insurance standards.

Still we hear that these Mexican carriers are coming into the U.S. and seem to be operating at will outside of the commercial zones. This is a matter we will address today, and it is one on which Congressman Coleman has worked timelessly.

The second issue is one dealing with a legal loophole that now allows thousands of trucks and truck drivers to operate exempt from Federal safety regulations. Trucks and drivers that would otherwise be covered by Federal safety laws and regulations, those in interstate commerce or carrying freight which originates in or is ultimately destined for another State, are presently exempted from Federal regulation if they are operating wholly within a designated commercial zone.

The problem is greatest in commercial zones that straddle more than one State, such as Washington, DC, New York, Chicago, and

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