http://a257.g.akamaitech.net/7/257/2422 ... -15638.pdf

BTA: State will require border crossings to have Presidential Permits
2/8/07

The Border Trade Alliance notified port of entry operators and associated organizations on Monday about an anticipated action by the U.S. State Department to require Presidential Permits for all international border crossings.

The BTA sent the following notice:

“It is anticipated that the State Department will publish during the next several weeks a Notice in the Federal Register announcing new criteria for its administration of portions of the Presidential Permit program for international border crossings. The proposed rules are the product of an inter-agency effort announced in August 8, 2005 (Public Notice 5149) to develop guidance on applying a State Department determination to broaden certain of its authorities. At issue is the determination to apply the State Department's authority granted by Executive Order 13337 of April 30, 2004 to issue Presidential permits for "border crossings for land transportation" to "all new crossings of the international border as well as to all substantial modifications of existing crossings of the international border."

The determination's linkage of Presidential permitting authority to substantial modification of existing crossings suggests the new criteria could mandate that operators of all international crossings lacking a Presidential permit obtain one before making any major changes to the operations or physical layout of their facilities. Such an interpretation could particularly affect operators of older international bridges which lack Presidential Permits because they were authorized by Congressional acts as well as nearly all land border crossings.

Because obtaining a Presidential permit can be a significant and costly undertaking that has lasting legal implications, operators of border facilities may wish to track this proposed regulatory change and provide the State Department with their comments in support or opposition along with any recommendations for possible improvements. At this time, neither the exact contents of the Notice, its date of publication, nor the timeframe for public comments is available.

Once the Notice is published, the BTA will provide to its sponsors an analysis of its contents along with suggestions on how to get our opinions heard. This notice will appear on its day of publication in electronic form at http://www.archives.gov/federal-register/index.html.“