[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Notices]
[Page 45748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15631]


-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 5149]


Bureau of Western Hemisphere Affairs; Office of Canadian Affairs; 
International Border Crossings

AGENCY: Department of State.

ACTION: Notice of Interpretation.

-----------------------------------------------------------------------

SUMMARY: Executive Order 11423, of August 16, 1968, as amended, 
authorizes the Secretary of State to issue Presidential permits for the 
construction of facilities crossing the international borders of the 
United States, including, but not limited to, bridges and tunnels 
connecting the United States with Canada or Mexico. Section 2(a) of 
Executive Order 13337, dated April 30, 2004, amended Executive Order 
11423, inter alia, by authorizing the Secretary of State to issue 
Presidential permits for ``border crossings for land transportation, 
including motor or rail vehicles, to or from a foreign country, whether 
or not in conjunction with the facilities'' to which Executive Order 
11423 previously applied. This new language is found in section 
1(a)(vi) of Executive Order 11423, as amended.
    In seeking to provide guidance to the public concerning its 
exercise of this new permitting authority, the Department has 
determined, after giving the matter careful consideration, that the new 
``land border crossing'' language of section 1(a)(vi) will apply to all 
new crossings of the international border as well as to all substantial 
modifications of existing crossings of the international border. The 
Department has also determined to assemble an interagency working 
group, consisting of relevant State Department personnel and personnel 
from other interested federal agencies, to prepare, as may be 
appropriate, further guidance on application of this interpretation of 
section 1(a)(vi) in the future. The decision document is quoted in full 
below, under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Mr. Terry Breese, Director, WHA/CAN, 
U.S. Department of State, Washington, DC 20520. (202) 647-2170.

SUPPLEMENTARY INFORMATION: By virtue of the authority vested in me 
pursuant to Department of State Delegation No. 277 from the Secretary 
of State dated March 3, 2005, to exercise, to the extent authorized by 
law, all authorities vested in the Under Secretary of State for 
Economic, Business and Agricultural Affairs, including those 
authorities under Executive Order 11423, as amended, including the 
amendments to Executive Order 11423 contained in Executive Order 13337 
of April 30, 2004, and Department of State Delegation No. 118-1 of 
April 11, 1973, I hereby determine that section 1(a)(vi) of Executive 
Order 11423, as amended, concerning ``border crossings for land 
transportation, including motor or rail vehicles, to or from a foreign 
country, whether or not in conjunction with the facilities'' identified 
elsewhere in section 1(a), should be interpreted as applying to all new 
border crossings for land transportation and all substantial 
modifications to existing border crossings for land transportation, 
between the United States and Canada or Mexico. I also determine that 
relevant officials at the Department of State should assemble an 
interagency working group, consisting of relevant Department personnel 
and personnel from other interested federal agencies, to prepare, as 
may be appropriate, guidance on application of this interpretation in 
the future.
    This determination shall be published in the Federal Register.

    Dated: August 2, 2005.
Earl Anthony Wayne,
Assistant Secretary, Department of State.
[FR Doc. 05-15631 Filed 8-5-05; 8:45 am]
BILLING CODE 4710-29-P