Issuance of Presidential Permit to the Otay Water District To Construct, Connect, Operate, and Maintain Cross-Border Water Pipeline Facilities for the Importation of Desalinated Seawater at the International Boundary Between the United States and Mexico in San Diego County, California, 26207-26208 [2017-11675]
Download as PDF
Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
Presidential Permit
be determined, is in the national
interest. I have ordered that Public
Notice of these Determinations be
published in the Federal Register.
For
further information, including a list of
the imported objects, contact the Office
of Public Diplomacy and Public Affairs
in the Office of the Legal Adviser, U.S.
Department of State (telephone: 202–
632–6471; email: section2459@
state.gov). The mailing address is U.S.
Department of State, L/PD, SA–5, Suite
5H03, Washington, DC 20522–0505.
FOR FURTHER INFORMATION CONTACT:
Alyson Grunder,
Deputy Assistant Secretary for Policy, Bureau
of Educational and Cultural Affairs,
Department of State.
[FR Doc. 2017–11692 Filed 6–5–17; 8:45 am]
BILLING CODE 4710–05–P
DEPARTMENT OF STATE
[Public Notice: 10020]
Issuance of Presidential Permit to the
Otay Water District To Construct,
Connect, Operate, and Maintain CrossBorder Water Pipeline Facilities for the
Importation of Desalinated Seawater at
the International Boundary Between
the United States and Mexico in San
Diego County, California
The Department of State
issued a Presidential permit to the Otay
Water District (the District) on May 16,
2017, authorizing the District to
construct, connect, operate, and
maintain cross-border water pipeline
facilities for the importation of
desalinated seawater at the international
boundary between the United States and
Mexico in San Diego County, California.
In making this determination, the
Department provided public notice of
the proposed permit, offered the
opportunity for comment, and consulted
with other federal agencies, as required
by Executive Order 11423, as amended.
SUMMARY:
mstockstill on DSK30JT082PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Contact the Office of Mexican Affairs’
Border Affairs Unit via email at
WHABorderAffairs@state.gov, by phone
at 202–647–9894, or by mail at Office of
Mexican Affairs—Room 3924,
Department of State, 2201 C St. NW.,
Washington, DC 20520. Information
about Presidential permits is available
on the Internet at https://www.state.gov/
p/wha/rt/permit/.
The
following is the text of the issued
permit:
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
20:52 Jun 05, 2017
Jkt 241001
Authorizing the Otay Water District To
Construct, Connect, Operate, and
Maintain Cross-Border Water Pipeline
Facilities for the Importation of
Desalinated Seawater at the
International Boundary Between the
United States and Mexico in San Diego
Country, California
By virtue of the authority vested in
me as the Acting Assistant Secretary of
State for the Bureau of Oceans and
International Environmental and
Scientific Affairs including those
authorities under Executive Order
11423, 33 FR 11741 (1968); as amended
by Executive Order 12847 of May 17,
1993, 58 FR 29511 (1993), and
Executive Order 13337 of April 30,
2004, 69 FR 25299 (2004); and
Department of State Delegation of
Authority 118–2 of January 26, 2006 and
Delegation 415 of January 18, 2017;
having considered the environmental
effects of the proposed action consistent
with the National Environmental Policy
Act of 1969, as amended (83 Stat. 852,
42 U.S.C. 4321 et seq.), and other
statutes relating to environmental
concerns; having considered the
proposed action consistent with the
National Historic Preservation Act of
1966, as amended (80 Stat. 917, 16
U.S.C. 470f et seq.); and having
requested and received the views of
various federal departments, state and
local officials, and Indian tribes, and
other interested persons; I hereby grant
permission, subject to the conditions
herein set forth, to the Otay Water
District (hereinafter referred to as
‘‘permittee’’) to construct, connect,
operate, and maintain cross-border
water pipeline facilities for the
importation of desalinated seawater at
the international boundary between the
United States and Mexico in San Diego
County, California.
The term ‘‘facilities’’ as used in this
permit means the relevant portion of the
pipeline and any land, structures,
installations, or equipment appurtenant
thereto as described in the permittee’s
November 2013 application for a
Presidential permit (the ‘‘Application’’).
The term ‘‘U.S. facilities’’ as used in
this permit means those parts of the
facilities in the United States, as
described in the Application.
This permit is subject to the following
conditions:
Article 1. (1) The U.S. 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
PO 00000
Frm 00166
Fmt 4703
Sfmt 4703
26207
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 U.S.
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.
(2) The construction, connection,
operation, and maintenance of the
facilities shall be in all material respects
as described in the Application.
Article 2. The standards for, and the
manner of, the construction, connection,
operation, and maintenance of the U.S.
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
connection, construction, operation, and
maintenance of the U.S. facilities and
with all applicable industrial codes. The
permittee shall obtain all requisite
permits from the relevant Mexican
authorities as well as from the relevant
state and local government entities and
relevant federal agencies.
Article 4. All construction,
connection, operation, and maintenance
of the U.S. facilities under this permit
shall be subject to the limitations, terms,
and conditions issued by any competent
agency of the U.S. Government,
including but not limited to the
Department of Homeland Security
(DHS) and the U.S. Section of the
International Boundary and Water
Commission (USIBWC). The permittee
shall continue the operations hereby
authorized and conduct maintenance in
accordance with such limitations, terms,
and conditions. Such limitations, terms,
and conditions could address, for
example, environmental protection and
mitigation measures, safety
requirements, export or import and
customs regulations, measurement
capabilities and procedures,
requirements pertaining to the
pipeline’s capacity, and other pipeline
regulations. This permit shall continue
in force and effect only so long as the
permittee shall continue the operations
hereby authorized by any competent
U.S. government agency in exact
accordance with such limitations, terms,
and conditions.
Article 5. Upon the termination,
revocation, or surrender of this permit,
and unless otherwise agreed by the
E:\FR\FM\06JNN1.SGM
06JNN1
mstockstill on DSK30JT082PROD with NOTICES
26208
Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
Secretary of State or the Secretary’s
delegate, the U.S. 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,
or to take such other action with respect
to, this portion of the U.S. 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 or other action
taken, at the expense of the permittee;
and the permittee shall have no claim
for damages by reason of such
possession, removal, or action.
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 U.S. 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 U.S.
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 U.S. facilities or any
part thereof shall be immediately
notified in writing to the U.S.
Department of State for approval,
including identification of the
transferee. In the event of such transfer
of ownership or control, this permit
shall remain in force and the U.S.
facilities shall be subject to all the
conditions, permissions, and
requirements of this permit and any
amendments thereof.
Article 8. (1) The permittee is
responsible for acquiring such right-ofway 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 construction, connection,
operation, or maintenance of the
facilities.
(3) The permittee shall maintain the
U.S. facilities and every part thereof in
VerDate Sep<11>2014
20:52 Jun 05, 2017
Jkt 241001
a condition of good repair for their safe
operation.
(4) The permittee shall obtain a
license from the USIBWC before
commencing construction.
(5) The permittee shall obtain an
easement from DHS for any portion of
the pipeline that crosses over or under
property in which the U.S. Customs and
Border Protection owns an interest.
(6) The permittee shall obtain a
permit from the California
Environmental Protection Agency, State
Water Resources Control Board,
Division of Drinking Water.
Article 9. The permittee shall take all
appropriate measures to prevent or
mitigate adverse environmental impacts
or disruption of significant
archeological resources in connection
with the operation and maintenance of
the U.S. facilities, including those
mitigation measures set forth in the
Final Environmental Impact Report/
Environmental Impact Statement dated
August 2016 and any additional
measures that may be required as result
of any reevaluation of the foregoing or
in the associated terms of the Biological
Opinion to be issued by the U.S. Fish
and Wildlife Service.
Article 10. The permittee shall not
begin construction until it has been
informed that the Government of the
United States and the Government of
Mexico have exchanged diplomatic
notes confirming that both governments
authorized the commencement of
construction.
Article 11. 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 12. The permittee shall file
with the appropriate agencies of the
U.S. government such statements or
reports under oath with respect to the
U.S. facilities, and/or the permittee’s
actions in connection therewith, as are
now or may hereafter be required under
any laws or regulations of the U.S.
government or its agencies.
Article 13. This permit shall expire
five years from the date of issuance in
the event that the permittee has not
commenced construction of the
facilities by that deadline.
In witness whereof, I, Judith G.
Garber, Acting Assistant Secretary of
State for the Bureau of Oceans and
International Environmental and
Scientific Affairs, have hereunto set my
hand this 16th day of May, 2017 in the
PO 00000
Frm 00167
Fmt 4703
Sfmt 4703
City of Washington, District of
Columbia.
Judith G. Garber,
Acting Assistant Secretary for Oceans and
International Environmental And Scientific
Affairs.
[FR Doc. 2017–11675 Filed 6–5–17; 8:45 am]
BILLING CODE 4710–29–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Intent To Rule on Request To
Release Airport Property at the
Colorado Springs Airport, Colorado
Springs, Colorado.
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of Request to Release
Airport Property.
AGENCY:
The FAA proposes to rule and
invite public comment on the release of
land at the Colorado Springs Airport
under the provisions of Section 125 of
the Wendell H. Ford Aviation
Investment Reform Act for the 21st
Century (AIR 21).
DATES: Comments must be received on
or before July 6, 2017.
ADDRESSES: Comments on this
application may be mailed or delivered
to the FAA at the following address: Mr.
John P. Bauer, Manager, Federal
Aviation Administration, Northwest
Mountain Region, Airports Division,
Denver Airports District Office, 26805 E.
68th Avenue, Suite 224, Denver,
Colorado 80249–6361.
In addition, one copy of any
comments submitted to the FAA must
be mailed or delivered to Mr. Troy
Stover, Colorado Springs Airport,
Colorado Springs, Colorado, at the
following address: Mr. Troy Stover,
Colorado Springs Airport, 7770 Milton
E. Proby Parkway, Suite 50, Colorado
Springs, Colorado 80916.
FOR FURTHER INFORMATION CONTACT: Mr.
Marc Miller, Colorado Engineer/
Compliance Specialist, Federal Aviation
Administration, Northwest Mountain
Region, Denver Airports District Office,
26805 E. 68th Avenue, Suite 224,
Denver, Colorado 80249–6361.
The request to release property may
be reviewed, by appointment, in person
at this same location.
SUPPLEMENTARY INFORMATION: The FAA
invites public comment on the request
to release property at the Colorado
Springs Airport under the provisions of
the AIR 21 (49 U.S.C. 47107(h)(2)).
On May 16, 2017, the FAA
determined that the request to release
SUMMARY:
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26207-26208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11675]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice: 10020]
Issuance of Presidential Permit to the Otay Water District To
Construct, Connect, Operate, and Maintain Cross-Border Water Pipeline
Facilities for the Importation of Desalinated Seawater at the
International Boundary Between the United States and Mexico in San
Diego County, California
SUMMARY: The Department of State issued a Presidential permit to the
Otay Water District (the District) on May 16, 2017, authorizing the
District to construct, connect, operate, and maintain cross-border
water pipeline facilities for the importation of desalinated seawater
at the international boundary between the United States and Mexico in
San Diego County, California. In making this determination, the
Department provided public notice of the proposed permit, offered the
opportunity for comment, and consulted with other federal agencies, as
required by Executive Order 11423, as amended.
FOR FURTHER INFORMATION CONTACT: Contact the Office of Mexican Affairs'
Border Affairs Unit via email at WHABorderAffairs@state.gov, by phone
at 202-647-9894, or by mail at Office of Mexican Affairs--Room 3924,
Department of State, 2201 C St. NW., Washington, DC 20520. Information
about Presidential permits is available on the Internet at https://www.state.gov/p/wha/rt/permit/.
SUPPLEMENTARY INFORMATION: The following is the text of the issued
permit:
Presidential Permit
Authorizing the Otay Water District To Construct, Connect, Operate, and
Maintain Cross-Border Water Pipeline Facilities for the Importation of
Desalinated Seawater at the International Boundary Between the United
States and Mexico in San Diego Country, California
By virtue of the authority vested in me as the Acting Assistant
Secretary of State for the Bureau of Oceans and International
Environmental and Scientific Affairs including those authorities under
Executive Order 11423, 33 FR 11741 (1968); as amended by Executive
Order 12847 of May 17, 1993, 58 FR 29511 (1993), and Executive Order
13337 of April 30, 2004, 69 FR 25299 (2004); and Department of State
Delegation of Authority 118-2 of January 26, 2006 and Delegation 415 of
January 18, 2017; having considered the environmental effects of the
proposed action consistent with the National Environmental Policy Act
of 1969, as amended (83 Stat. 852, 42 U.S.C. 4321 et seq.), and other
statutes relating to environmental concerns; having considered the
proposed action consistent with the National Historic Preservation Act
of 1966, as amended (80 Stat. 917, 16 U.S.C. 470f et seq.); and having
requested and received the views of various federal departments, state
and local officials, and Indian tribes, and other interested persons; I
hereby grant permission, subject to the conditions herein set forth, to
the Otay Water District (hereinafter referred to as ``permittee'') to
construct, connect, operate, and maintain cross-border water pipeline
facilities for the importation of desalinated seawater at the
international boundary between the United States and Mexico in San
Diego County, California.
The term ``facilities'' as used in this permit means the relevant
portion of the pipeline and any land, structures, installations, or
equipment appurtenant thereto as described in the permittee's November
2013 application for a Presidential permit (the ``Application'').
The term ``U.S. facilities'' as used in this permit means those
parts of the facilities in the United States, as described in the
Application.
This permit is subject to the following conditions:
Article 1. (1) The U.S. 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
U.S. 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.
(2) The construction, connection, operation, and maintenance of the
facilities shall be in all material respects as described in the
Application.
Article 2. The standards for, and the manner of, the construction,
connection, operation, and maintenance of the U.S. 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 connection,
construction, operation, and maintenance of the U.S. facilities and
with all applicable industrial codes. The permittee shall obtain all
requisite permits from the relevant Mexican authorities as well as from
the relevant state and local government entities and relevant federal
agencies.
Article 4. All construction, connection, operation, and maintenance
of the U.S. facilities under this permit shall be subject to the
limitations, terms, and conditions issued by any competent agency of
the U.S. Government, including but not limited to the Department of
Homeland Security (DHS) and the U.S. Section of the International
Boundary and Water Commission (USIBWC). The permittee shall continue
the operations hereby authorized and conduct maintenance in accordance
with such limitations, terms, and conditions. Such limitations, terms,
and conditions could address, for example, environmental protection and
mitigation measures, safety requirements, export or import and customs
regulations, measurement capabilities and procedures, requirements
pertaining to the pipeline's capacity, and other pipeline regulations.
This permit shall continue in force and effect only so long as the
permittee shall continue the operations hereby authorized by any
competent U.S. government agency in exact accordance with such
limitations, terms, and conditions.
Article 5. Upon the termination, revocation, or surrender of this
permit, and unless otherwise agreed by the
[[Page 26208]]
Secretary of State or the Secretary's delegate, the U.S. 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, or to take such other action with
respect to, this portion of the U.S. 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 or
other action taken, at the expense of the permittee; and the permittee
shall have no claim for damages by reason of such possession, removal,
or action.
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 U.S. 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 U.S. 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 U.S.
facilities or any part thereof shall be immediately notified in writing
to the U.S. Department of State for approval, including identification
of the transferee. In the event of such transfer of ownership or
control, this permit shall remain in force and the U.S. facilities
shall be subject to all the conditions, permissions, and requirements
of this permit and any amendments thereof.
Article 8. (1) The permittee is responsible for acquiring 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
construction, connection, operation, or maintenance of the facilities.
(3) The permittee shall maintain the U.S. facilities and every part
thereof in a condition of good repair for their safe operation.
(4) The permittee shall obtain a license from the USIBWC before
commencing construction.
(5) The permittee shall obtain an easement from DHS for any portion
of the pipeline that crosses over or under property in which the U.S.
Customs and Border Protection owns an interest.
(6) The permittee shall obtain a permit from the California
Environmental Protection Agency, State Water Resources Control Board,
Division of Drinking Water.
Article 9. The permittee shall take all appropriate measures to
prevent or mitigate adverse environmental impacts or disruption of
significant archeological resources in connection with the operation
and maintenance of the U.S. facilities, including those mitigation
measures set forth in the Final Environmental Impact Report/
Environmental Impact Statement dated August 2016 and any additional
measures that may be required as result of any reevaluation of the
foregoing or in the associated terms of the Biological Opinion to be
issued by the U.S. Fish and Wildlife Service.
Article 10. The permittee shall not begin construction until it has
been informed that the Government of the United States and the
Government of Mexico have exchanged diplomatic notes confirming that
both governments authorized the commencement of construction.
Article 11. 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 12. The permittee shall file with the appropriate agencies
of the U.S. government such statements or reports under oath with
respect to the U.S. facilities, and/or the permittee's actions in
connection therewith, as are now or may hereafter be required under any
laws or regulations of the U.S. government or its agencies.
Article 13. This permit shall expire five years from the date of
issuance in the event that the permittee has not commenced construction
of the facilities by that deadline.
In witness whereof, I, Judith G. Garber, Acting Assistant Secretary
of State for the Bureau of Oceans and International Environmental and
Scientific Affairs, have hereunto set my hand this 16th day of May,
2017 in the City of Washington, District of Columbia.
Judith G. Garber,
Acting Assistant Secretary for Oceans and International Environmental
And Scientific Affairs.
[FR Doc. 2017-11675 Filed 6-5-17; 8:45 am]
BILLING CODE 4710-29-P