Page:United States Statutes at Large Volume 109 Part 1.djvu/899

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PUBLIC LAW 104-88—DEC. 29, 1995 109 STAT. 883 " (4) PROTECTION OF EXISTING OPERATIONS.— Unless and until the President, or the delegate thereof, makes a determination under paragraph (1) or (3), nothing in this subsection shall affect— "(A) operations of motor carriers of property or passengers domiciled in any contiguous foreign country or owned or controlled by persons of any contiguous foreign f country permitted in the commercial zones along the United States-Mexico border as such zones were defined on the day before the effective date of this section; or "(B) any existing restrictions on operations of motor carriers of property or passengers domiciled in any contiguous foreign country or owned or controlled by persons of any contiguous foreign country or any modifications thereof pursuant to section 6 of the Bus Regulatory Reform Act of 1982. "(5) PUBLICATION; COMMENT.— Unless the President, or the Federal Register, delegate thereof, determines that expeditious action is required, publication, the President shall publish in the Federal Register any determination under paragraph (1) or (3), together with a description of the facts on which such a determination is based and any proposed action to be taken pursuant to paragraph (1)(B) or (3), and provide an opportunity for public comment. "(6) DELEGATION TO SECRETARY. —The President may delegate any or all authority under this subsection to the Secretary, who shall consult with other agencies as appropriate. In accordance with the directions of the President, the Secretary may issue regulations to enforce this subsection. "(7) CIVIL ACTIONS. —Either the Secretary or the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this subsection or a regulation prescribed or order issued under this subsection. The court may award appropriate relief, including injunctive relief. "(8) LIMITATION ON STATUTORY CONSTRUCTION. —This subsection shall not be construed as affecting the requirement for all foreign motor carriers and foreign motor private carriers operating in the United States to comply with all applicable laws and regulations pertaining to fitness, safety of operations, financial responsibility, and taxes imposed by section 4481 of the Internal Revenue Code of 1986. "(d) TRANSITION RULE. — "(1) IN GENERAL.— Pending the implementation of the rulemaking required by section 13908, the Secretary may register a person under this section— "(A) as a motor common carrier if such person would have been issued a certificate to provide transportation as a motor common carrier under this subtitle on the day before the effective date of this section; and "(B) as a motor contract carrier if such person would have been issued a permit to provide transportation as a motor contract carrier under this subtitle on such day. "(2) DEFINITIONS. —In this subsection, the terms 'motor common carrier' and 'motor contract carrier* have the meaning such terms had under section 10102 as such section was in effect on the day before the effective date of this section.