§4571 Definitions

Summary

Defines words used for cross-border long-haul trucking between the United States and Mexico. A "border commercial zone" is the U.S. area of towns along the U.S.-Mexico border and their commercial zones as listed in subpart B of part 372 of title 49, Code of Federal Regulations, plus any extra border crossings named in the FMCSA OP–2 application instructions or successor documents. "Cargo originating in Mexico" means any freight that enters the U.S. by commercial motor vehicle from Mexico, even if it began in another country. "Commercial motor vehicle" uses the meaning in 49 U.S.C. 31132(1)(A). "Cross-border long-haul trucking services" means truck trips that move that cargo either from Mexico to points in the U.S. outside a border commercial zone, or from U.S. points outside a border commercial zone to a border zone or Mexico. A "driver" is a person who drives such a truck. A "grant of authority" is the registration given under 49 U.S.C. 13902 that lets Mexican persons operate these trips. An "interested party" includes U.S. businesses and workers in the long‑haul trucking industry, trade groups with mostly U.S. members, certified unions or driver groups, the Government of Mexico, and people or companies from Mexico. "Operator" or "supplier" means an entity registered under 49 U.S.C. 13902 to provide the services. "Persons of Mexico" covers Mexican companies and Mexican drivers. "Persons of the United States" covers U.S. companies not controlled by Mexicans and U.S. drivers. "Material harm" means a large loss of U.S. market share for these services, and a "threat of material harm" means that harm is likely to happen. The "United States long-haul trucking services industry" means all U.S. suppliers, operators, or drivers in this business, or those in a particular sub-market. A "change in circumstance" can include a big increase in services by a registered grantee.