[Federal Register Volume 75, Number 153 (Tuesday, August 10, 2010)]
[Notices]
[Pages 48408-48409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19725]
[[Page 48408]]
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DEPARTMENT OF STATE
[Public Notice 7115]
Issuance of a Presidential Permit Authorizing the Construction,
Operation, and Maintenance of the San Diego-Tijuana Airport Cross
Border Facility Near San Diego, California, at the International
Boundary Between the United States and Mexico
SUMMARY: The Department of State issued a Presidential permit,
effective August 3, 2010, authorizing Otay-Tijuana Venture, L.L.C., to
construct, operate, and maintain an international pedestrian bridge
called San Diego-Tijuana Airport Cross Border Facility near San Diego,
California, at the international boundary between the United States and
Mexico. In making this determination, the Department consulted with
other federal agencies, as required by Executive Order 11423, as
amended.
FOR FURTHER INFORMATION CONTACT: Stewart Tuttle, U.S.-Mexico Border
Affairs Coordinator, via e-mail at [email protected]; by
phone at 202-647-9894; or by mail at Office of Mexican Affairs--Room
3909, Department of State, 2201 C St., NW., Washington, DC 20520.
Information about Presidential permits is available on the Internet at
http://www.state.gov/p/wha/rt/permit/.
SUPPLEMENTARY INFORMATION: Following is the text of the issued permit:
By virtue of the authority vested in me as Under Secretary of
State for Economic, Energy, and Agricultural Affairs, including
those authorities under Executive Order 11423, 33 FR 11741, as
amended by Executive Order 12847 of May 17, 1993, 58 FR 29511,
Executive Order 13284 of January 23, 2003, 68 FR 4075, and Executive
Order 13337 of April 30, 2004, 69 FR 25299; and Department of State
Delegation of Authority 118-2 of January 26, 2006; having considered
the environmental effects of the proposed action in accordance with
the National Environmental Policy Act of 1969 (83 Stat. 852; 42
U.S.C. 4321 et seq.) and other statutes relating to environmental
concerns; having considered the proposed action in accordance with
the National Historic Preservation Act (80 Stat. 917, 16 U.S.C. 470f
et seq.); and having requested and received the views of various of
the federal departments and other interested persons; I hereby grant
permission, subject to the conditions herein set forth, to Otay-
Tijuana Venture, LLC (hereinafter referred to as ``permittee'') to
construct, operate, and maintain a new international pedestrian
bridge (the proposed San Diego-Tijuana Airport Cross Border
Facility) connecting in Mexico to the Tijuana International Airport.
The term ``facilities'' as used in this permit means the bridge
and any land, structure, or installations appurtenant thereto.
The term ``United States facilities'' as used in this permit
means that part of the facilities in the United States.
This permit is subject to the following conditions:
Article 1. The United States facilities herein described, and
all aspects of their operation, shall be subject to all the
conditions, provisions, and requirements of this permit and any
amendment thereof. This permit may be terminated at the will of the
Secretary of State or the Secretary's delegate or may be amended by
the Secretary of State or the Secretary's delegate at will or upon
proper application therefore. The permittee shall make no
substantial change in the location of the United States facilities
or in the operation authorized by this permit until such changes
have been approved by the Secretary of State or the Secretary's
delegate.
Article 2. The standards for, and the manner of, the
construction, operation, and maintenance of the United States
facilities shall be subject to inspection and approval by the
representatives of appropriate federal, state and local agencies.
The permittee shall allow duly authorized officers and employees of
such agencies free and unrestricted access to said facilities in the
performance of their official duties.
Article 3. The permittee shall comply with all applicable
federal, state, and local laws and regulations regarding the
construction, operation, and maintenance of the United States
facilities and with all applicable industrial codes. The permittee
shall obtain the requisite permits from state and local government
entities and relevant federal agencies.
Article 4. Upon the termination, revocation, or surrender of
this permit, and unless otherwise agreed by the Secretary of State
or the Secretary's delegate, the United States facilities in the
immediate vicinity of the international boundary shall be removed by
and at the expense of the permittee within such time as the
Secretary of State or the Secretary's delegate may specify, and upon
failure of the permittee to remove this portion of the United States
facilities as ordered, the Secretary of State or the Secretary's
delegate may direct that possession of such facilities be taken and
that they be removed at the expense of the permittee; and the
permittee shall have no claim for damages by reason of such
possession or removal.
Article 5. This permit and the operation of the United States
facilities hereunder shall be subject to the limitations, terms, and
conditions issued by any competent agency of the United States
Government, including but not limited to the Department Of Homeland
Security (DHS) and the United States Section of the International
Boundary and Water Commission (USIBWC). This permit shall continue
in force and effect only so long as the permittee shall continue the
operations hereby authorized in exact accordance with such
limitations, terms, and conditions.
Article 6. When, in the opinion of the President of the United
States, the national security of the United States demands it, due
notice being given by the Secretary of State or the Secretary's
delegate, the United States shall have the right to enter upon and
take possession of any of the United States facilities or parts
thereof; to retain possession, management, or control thereof for
such length of time as may appear to the President to be necessary;
and thereafter to restore possession and control to the permittee.
In the event that the United States shall exercise such right, it
shall pay to the permittee just and fair compensation for the use of
such United States facilities upon the basis of a reasonable profit
in normal conditions, and the cost of restoring said facilities to
as good condition as existed at the time of entering and taking over
the same, less the reasonable value of any improvements that may
have been made by the United States.
Article 7. Any transfer of ownership or control of the United
States facilities or any part thereof shall be immediately notified
in writing to the United States Department of State, including the
submission of information identifying the transferee. This permit
shall remain in force subject to all the conditions, permissions and
requirements of this permit and any amendments thereto unless
subsequently terminated or amended by the Secretary of State or the
Secretary's delegate.
Article 8. (1) The permittee shall acquire such right-of-way
grants or easements, permits, and other authorizations as may become
necessary and appropriate.
(2) The permittee shall save harmless and indemnify the United
States from any claimed or adjudged liability arising out of the
construction, operation, or maintenance of the facilities.
(3) The permittee shall maintain the United States facilities
and every part thereof in a condition of good repair for their safe
operation.
Article 9. The permittee shall reach agreement with U.S. Customs
and Border Protection (CBP) on the provision of suitable facilities
for the CBP officers to perform their duties at the Cross Border
Facility. Such facilities must meet the latest CBP design standards
-and-operational requirements which-could-include, but are not
limited to, inspection and office space, CBP personnel parking and
restrooms, an access road, kennels, and other operationally required
components.
Article 10. (1) The permittee shall take all appropriate
measures to prevent or mitigate adverse environmental impacts or
disruption of significant archeological resources in connection with
the construction, operation, and maintenance of the United States
facilities, including those mitigation measures set forth in the
Final Environmental Assessment and in the Department's Finding of No
Significant Impact (FONSI) dated June 22, 2010.
(2) Before beginning construction, the permittee shall obtain
the concurrence of the Commissioner of the USIBWC that the project
is consistent with the terms of boundary and water treaties between
the United States and Mexico and other relevant international
agreements in force.
Article 11. The permittee shall file with the appropriate
agencies of the United States Government such statements or reports
under
[[Page 48409]]
oath with respect to the United States facilities, and/or
permittee's actions in connection therewith, as are now or may
hereafter be required under any laws or regulations of the United
States Government or its agencies.
Article 12. The permittee shall not begin construction until it
has obtained authorization for such construction from the Government
of the United States and from the Government of Mexico through the
exchange of diplomatic notes. The permittee shall provide written
notice to the Department of State at such time as the construction
authorized by this permit is begun, and again at such time as
construction is completed, interrupted, or discontinued.
Article 13. This permit shall expire ten years from the date of
issuance in the event that the permittee has not commenced
construction of the United States facilities by that deadline.
In witness whereof, I, Robert D. Hormats, Under Secretary of
State for Economic, Energy, and Agricultural Affairs, have hereunto
set my hand this 15th day of July 2010 in the City of Washington,
District of Columbia.
End Permit text.
Dated: August 4, 2010.
Alex Lee,
Director, Office of Mexican Affairs, Department of State.
[FR Doc. 2010-19725 Filed 8-9-10; 8:45 am]
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