§4571. Definitions
In this part:
(1) Border commercial zone
The term "border commercial zone" means-
(A) the area of United States territory of the municipalities along the United States-Mexico international border and the commercial zones of such municipalities as described in subpart B of part 372 of title 49, Code of Federal Regulations; and
(B) any additional border crossing and associated commercial zones listed in the Federal Motor Carrier Safety Administration OP–2 application instructions or successor documents.
(2) Cargo originating in Mexico
The term "cargo originating in Mexico" means any cargo that enters the United States by commercial motor vehicle from Mexico, including cargo that may have originated in a country other than Mexico.
(3) Change in circumstances
The term "change in circumstance" may include a substantial increase in services supplied by the grantee of a grant of authority.
(4) Commercial motor vehicle
The term "commercial motor vehicle" means a commercial motor vehicle, as such term is defined in paragraph (1) of section 31132 of title 49, that meets the requirements of subparagraph (A) of such paragraph.
(5) Cross-border long-haul trucking services
The term "cross-border long-haul trucking services" means-
(A) the transportation by commercial motor vehicle of cargo originating in Mexico to a point in the United States outside of a border commercial zone; or
(B) the transportation by commercial motor vehicle of cargo originating in the United States from a point in the United States outside of a border commercial zone to a point in a border commercial zone or a point in Mexico.
(6) Driver
The term "driver" means a person that drives a commercial motor vehicle in cross-border long-haul trucking services.
(7) Grant of authority
The term "grant of authority" means registration granted pursuant to section 13902 of title 49, or a successor provision, to persons of Mexico to conduct cross-border long-haul trucking services in the United States.
(8) Interested party
The term "interested party" means-
(A) persons of the United States engaged in the provision of cross-border long-haul trucking services;
(B) a trade or business association, a majority of whose members are part of the relevant United States long-haul trucking services industry;
(C) a certified or recognized union, or representative group of suppliers, operators, or drivers who are part of the United States long-haul trucking services industry;
(D) the Government of Mexico; or
(E) persons of Mexico.
(9) Material harm
The term "material harm" means a significant loss in the share of the United States market or relevant sub-market for cross-border long-haul trucking services held by persons of the United States.
(10) Operator or supplier
The term "operator" or "supplier" means an entity that has been granted registration under section 13902 of title 49 to provide cross-border long-haul trucking services.
(11) Persons of Mexico
The term "persons of Mexico" includes-
(A) entities domiciled in Mexico organized, or otherwise constituted under Mexican law, including subsidiaries of United States companies domiciled in Mexico, or entities owned or controlled by a Mexican national, which conduct cross-border long-haul trucking services, or employ drivers who are non-United States nationals; and
(B) drivers who are Mexican nationals.
(12) Persons of the United States
The term "persons of the United States" includes entities domiciled in the United States, organized or otherwise constituted under United States law, and not owned or controlled by persons of Mexico, which provide cross-border long-haul trucking services and long-haul commercial motor vehicle drivers who are United States nationals.
(13) Threat of material harm
The term "threat of material harm" means material harm that is likely to occur.
(14) United States long-haul trucking services industry
The term "United States long-haul trucking services industry" means-
(A) United States suppliers, operators, or drivers as a whole providing cross-border long-haul trucking services; or
(B) United States suppliers, operators, or drivers providing cross-border long-haul trucking services in a specific sub-market of the whole United States market.
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Editorial Notes
References in Text
This part, referred to in text, was in the original "this subtitle", meaning subtitle C (§§321–327) of title III of