Issuance of a Presidential Permit Authorizing the Construction, Operation and Maintenance of the Otay Mesa East Border Crossing Near San Diego, CA, at the International Boundary Between the United States and Mexico, 76086-76087 [E8-29622]

Download as PDF 76086 Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Notices the exhibit objects, contact Carol B. Epstein, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202/453–8048). The address is U.S. Department of State, SA–44, 301 4th Street, SW., Room 700, Washington, DC 20547–0001. Dated: December 3, 2008. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E8–29630 Filed 12–12–08; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF STATE [Public Notice 6451] Culturally Significant Objects Imported for Exhibition Determinations: ‘‘Tales in Sprinkled Gold: Japanese Lacquer for European Collectors’’ pwalker on PROD1PC71 with NOTICES SUMMARY: Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ‘‘Tales in Sprinkled Gold: Japanese Lacquer for European Collectors,’’ imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the J. Paul Getty Museum, Los Angeles, CA, from on or about March 3, 2009, until on or about May 24, 2009, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: For further information, including a list of the exhibit objects, contact Carol B. Epstein, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202/453–8048). The address is U.S. Department of State, SA–44, 301 4th Street, SW., Room 700, Washington, DC 20547–0001. VerDate Aug<31>2005 20:00 Dec 12, 2008 Jkt 217001 Dated: December 4, 2008. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E8–29633 Filed 12–12–08; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF STATE [Public Notice 6450] Issuance of a Presidential Permit Authorizing the Construction, Operation and Maintenance of the Otay Mesa East Border Crossing Near San Diego, CA, at the International Boundary Between the United States and Mexico SUMMARY: The Department of State issued a Presidential permit, effective December 8, 2008, authorizing the General Services Administration to construct, operate, and maintain a vehicular and pedestrian border crossing called ‘‘Otay Mesa East’’ 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: Mr. Daniel Darrach, U.S.-Mexico Border Affairs Coordinator, via e-mail at WHABorderAffairs@state.gov; 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 https://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 Deputy Secretary of State under Executive Order 11423, 33 FR 11741 (1963), as amended by Executive Order 12847 of May 17, 1993, 58 FR 29511 (1993), Executive Order 13284 of January 23, 2003, 68 FR 4075 (2003), and Executive Order 13337 of April 30, 2004, 69 FR 25299 (2004) and Department of State Delegation of Authority 245 of April 23, 2001; having considered the environmental effects of the proposed action in accordance 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 in accordance with the National Historic Preservation Act of 1966, as amended PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 (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 the United States General Services Administration (GSA) (hereinafter referred to as the ‘‘permittee’’), to construct, operate, and maintain a new commercial vehicle, passenger vehicle, and pedestrian land border crossing (hereinafter referred to as ‘‘Otay Mesa East’’), approximately two miles east of the existing Otay Mesa border crossing near San Diego, California. The term ‘‘facilities’’ as used in this permit means the facilities proposed to be constructed at the Otay Mesa East border crossing near San Diego, California. These facilities are likely to consist of the following improvements and structures: • Inspection and X-Ray Facilities • Containment Areas and Docks • Commercial Inspection Building with Import and Export Docks • Export Inspection • Main Administrative Building with Pedestrian Facilities • Entry and Exit Control Booths and related improvements • Roadways and related Infrastructure, Pathways, Parking Lots, and related Lots • Landscaping • Ancillary Support Facilities • Commercial Cargo and Passenger Vehicle lanes • Related Improvements and Infrastructure The term ‘‘Tier 1 environmental document’’ as used in this permit refers to the programmatic or first tier environmental impact statement that establishes the preferred corridor of State Route 11 and the preferred site of the Otay Mesa East border crossing. The term ‘‘Tier 2 environmental document’’ as used in this permit refers to the second tier environmental impact statement or environmental assessment to be prepared after the issuance of this permit and before any construction may begin that will identify more detailed project-specific effects and mitigation measures. This permit is subject to the following conditions: Article 1. The 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 upon a determination of the Executive Branch that the Otay Mesa East border crossing shall be closed. This permit may be amended by the Secretary of E:\FR\FM\15DEN1.SGM 15DEN1 pwalker on PROD1PC71 with NOTICES Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Notices State or the Secretary’s delegate in consultation with the permittee and, as appropriate, other Executive Branch agencies; the permittee’s obligation to implement such an amendment is subject to the availability of funds. The permittee shall make no substantial change in the location of the 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 permittee shall comply with all applicable federal laws and regulations regarding the construction, operation, and maintenance of the facilities. Further, the permittee shall comply with nationally recognized codes to the extent required under 40 U.S.C. 3312(b). The permittee shall cooperate with state and local officials to the extent required under 40 U.S.C. 3312(d). Article 3. In the event that the Otay Mesa East border crossing is permanently closed and is no longer used as an international crossing, this permit shall terminate and the permittee may manage, utilize, or dispose of the facilities in accordance with its statutory authorities. Article 4. As authorized by applicable federal laws and regulations, the permittee is a federal agency that is responsible for managing and operating the existing Otay Mesa border crossing and, upon acceptance of the facilities by the United States of America, the Otay Mesa East border crossing. This permit shall continue in full force and effect for only so long as the permittee shall continue the operations hereby authorized. Article 5. This Article applies to transfer of the facilities or any part thereof as an operating land border crossing. The permittee shall immediately notify the United States Department of State (‘‘Department’’) of any decision to transfer custody and control of the facilities or any part thereof to any other agency or department of the United States Government. Said notice shall identify the transferee agency or department and seek the approval of the Department for the transfer of the permit. In the event of approval by the Department of such transfer of custody and control to another agency or department of the United States Government, the permit shall remain in force and effect, and the facilities shall be subject to all the conditions, permissions and requirements of this permit and any amendments thereof. The permittee may transfer ownership or control of the facilities to a non-federal entity or individual only upon the prior express VerDate Aug<31>2005 20:00 Dec 12, 2008 Jkt 217001 approval of such transfer by the Department, which approval may include such conditions, permissions and requirements that the Department, in its discretion, determines are appropriate and necessary for inclusion in the permit, to be effective on the date of transfer. Article 6. (1) The permittee or its agent shall acquire such right-of-way grants or easements and permits as may become necessary and appropriate. (2) The permittee shall maintain the facilities and every part thereof. Article 7. (1) The permittee shall take, or cause to be taken, 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 facilities, including those mitigation measures identified in both the Tier 1 and Tier 2 environmental documents, but only to the extent incorporated into either a Record of Decision (ROD) or Finding of No Significant Impact (FONSI) to be issued by the permittee regarding the Otay Mesa East border crossing. In preparing its ROD or FONSI, the permittee shall consult with appropriate officials of the Federal Highway Administration (FHWA) and the permittee shall consider the mitigation measures recommended in the FHWA ROD. (2) The permittee may make no irreversible change to the physical environment based upon this permit until it has received approval from the Department to proceed with construction, as provided in Article 9. (3) Before issuing, or causing the issuance of, the notice to proceed for construction, the permittee shall obtain the concurrence of the United States Section of the International Boundary and Water Commission. Article 8. The permittee shall file any applicable statements and reports that might be required by applicable federal law in connection with this project. Article 9. The permittee shall not issue, nor cause to be issued, a notice to proceed for construction work until the Department has provided notification to the permittee that: (1) The Department has concluded, based on its review of the Tier 1 and Tier 2 environmental documents and the permittee’s ROD or FONSI, that the continuation of this permit is in the U.S. national interest; and (2) the Department has completed its exchange of diplomatic notes with the Government of Mexico regarding authorization of construction. If the Department concludes that the continuation of this permit is not in the national interest of PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 76087 the United States following its review of the environmental documents, including the permittee’s ROD or FONSI, the Department shall revoke this permit. The permittee shall provide written notice to the Department at such time as the construction authorized by this permit commences, and again at such time as construction is completed, interrupted for more than ninety days or discontinued. Article 10. This permit is not intended to, and does not, create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, in their individual or official capacities, or any other person. The issuance of this permit does not create any obligation on the part of the permittee or the United States of America to construct, operate, maintain, or accept the donation of all or any portion of the Otay Mesa East border crossing; provided, however, if the permittee does operate the facilities then it will do so in accordance with the terms and conditions of this permit. Article 11. This permit shall expire ten years from the date of issuance in the event that the permittee neither has issued nor caused to be issued the notice to proceed for construction activities. In witness whereof, I, John D. Negroponte, Deputy Secretary of State, have hereunto set my hand this 20th day of November 2008, in Washington, District of Columbia. End Permit text. Dated: December 9, 2008. Alex Lee, Director, Office of Mexican Affairs, Department of State. [FR Doc. E8–29622 Filed 12–12–08; 8:45 am] BILLING CODE 4710–29–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Second Meeting, RTCA Special Committee 220: Automatic Flight Guidance and Control AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of RTCA Special Committee 220: Automatic Flight Guidance and Control meeting. SUMMARY: The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 220: Automatic Flight Guidance and Control. E:\FR\FM\15DEN1.SGM 15DEN1

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[Federal Register Volume 73, Number 241 (Monday, December 15, 2008)]
[Notices]
[Pages 76086-76087]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29622]


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DEPARTMENT OF STATE

[Public Notice 6450]


Issuance of a Presidential Permit Authorizing the Construction, 
Operation and Maintenance of the Otay Mesa East Border Crossing Near 
San Diego, CA, at the International Boundary Between the United States 
and Mexico

SUMMARY: The Department of State issued a Presidential permit, 
effective December 8, 2008, authorizing the General Services 
Administration to construct, operate, and maintain a vehicular and 
pedestrian border crossing called ``Otay Mesa East'' 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: Mr. Daniel Darrach, U.S.-Mexico Border 
Affairs Coordinator, via e-mail at WHA-BorderAffairs@state.gov; 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 
https://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 Deputy Secretary of 
State under Executive Order 11423, 33 FR 11741 (1963), as amended by 
Executive Order 12847 of May 17, 1993, 58 FR 29511 (1993), Executive 
Order 13284 of January 23, 2003, 68 FR 4075 (2003), and Executive Order 
13337 of April 30, 2004, 69 FR 25299 (2004) and Department of State 
Delegation of Authority 245 of April 23, 2001; having considered the 
environmental effects of the proposed action in accordance 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 in accordance 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 of the federal departments and other interested persons; I 
hereby grant permission, subject to the conditions herein set forth, to 
the United States General Services Administration (GSA) (hereinafter 
referred to as the ``permittee''), to construct, operate, and maintain 
a new commercial vehicle, passenger vehicle, and pedestrian land border 
crossing (hereinafter referred to as ``Otay Mesa East''), approximately 
two miles east of the existing Otay Mesa border crossing near San 
Diego, California.
    The term ``facilities'' as used in this permit means the facilities 
proposed to be constructed at the Otay Mesa East border crossing near 
San Diego, California. These facilities are likely to consist of the 
following improvements and structures:
     Inspection and X-Ray Facilities
     Containment Areas and Docks
     Commercial Inspection Building with Import and Export 
Docks
     Export Inspection
     Main Administrative Building with Pedestrian Facilities
     Entry and Exit Control Booths and related improvements
     Roadways and related Infrastructure, Pathways, Parking 
Lots, and related Lots
     Landscaping
     Ancillary Support Facilities
     Commercial Cargo and Passenger Vehicle lanes
     Related Improvements and Infrastructure
    The term ``Tier 1 environmental document'' as used in this permit 
refers to the programmatic or first tier environmental impact statement 
that establishes the preferred corridor of State Route 11 and the 
preferred site of the Otay Mesa East border crossing.
    The term ``Tier 2 environmental document'' as used in this permit 
refers to the second tier environmental impact statement or 
environmental assessment to be prepared after the issuance of this 
permit and before any construction may begin that will identify more 
detailed project-specific effects and mitigation measures.
    This permit is subject to the following conditions:
    Article 1. The 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 upon a determination of the Executive Branch that the 
Otay Mesa East border crossing shall be closed. This permit may be 
amended by the Secretary of

[[Page 76087]]

State or the Secretary's delegate in consultation with the permittee 
and, as appropriate, other Executive Branch agencies; the permittee's 
obligation to implement such an amendment is subject to the 
availability of funds. The permittee shall make no substantial change 
in the location of the 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 permittee shall comply with all applicable federal 
laws and regulations regarding the construction, operation, and 
maintenance of the facilities. Further, the permittee shall comply with 
nationally recognized codes to the extent required under 40 U.S.C. 
3312(b). The permittee shall cooperate with state and local officials 
to the extent required under 40 U.S.C. 3312(d).
    Article 3. In the event that the Otay Mesa East border crossing is 
permanently closed and is no longer used as an international crossing, 
this permit shall terminate and the permittee may manage, utilize, or 
dispose of the facilities in accordance with its statutory authorities.
    Article 4. As authorized by applicable federal laws and 
regulations, the permittee is a federal agency that is responsible for 
managing and operating the existing Otay Mesa border crossing and, upon 
acceptance of the facilities by the United States of America, the Otay 
Mesa East border crossing. This permit shall continue in full force and 
effect for only so long as the permittee shall continue the operations 
hereby authorized.
    Article 5. This Article applies to transfer of the facilities or 
any part thereof as an operating land border crossing. The permittee 
shall immediately notify the United States Department of State 
(``Department'') of any decision to transfer custody and control of the 
facilities or any part thereof to any other agency or department of the 
United States Government. Said notice shall identify the transferee 
agency or department and seek the approval of the Department for the 
transfer of the permit. In the event of approval by the Department of 
such transfer of custody and control to another agency or department of 
the United States Government, the permit shall remain in force and 
effect, and the facilities shall be subject to all the conditions, 
permissions and requirements of this permit and any amendments thereof. 
The permittee may transfer ownership or control of the facilities to a 
non-federal entity or individual only upon the prior express approval 
of such transfer by the Department, which approval may include such 
conditions, permissions and requirements that the Department, in its 
discretion, determines are appropriate and necessary for inclusion in 
the permit, to be effective on the date of transfer.
    Article 6. (1) The permittee or its agent shall acquire such right-
of-way grants or easements and permits as may become necessary and 
appropriate.
    (2) The permittee shall maintain the facilities and every part 
thereof.
    Article 7. (1) The permittee shall take, or cause to be taken, 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 
facilities, including those mitigation measures identified in both the 
Tier 1 and Tier 2 environmental documents, but only to the extent 
incorporated into either a Record of Decision (ROD) or Finding of No 
Significant Impact (FONSI) to be issued by the permittee regarding the 
Otay Mesa East border crossing. In preparing its ROD or FONSI, the 
permittee shall consult with appropriate officials of the Federal 
Highway Administration (FHWA) and the permittee shall consider the 
mitigation measures recommended in the FHWA ROD.
    (2) The permittee may make no irreversible change to the physical 
environment based upon this permit until it has received approval from 
the Department to proceed with construction, as provided in Article 9.
    (3) Before issuing, or causing the issuance of, the notice to 
proceed for construction, the permittee shall obtain the concurrence of 
the United States Section of the International Boundary and Water 
Commission.
    Article 8. The permittee shall file any applicable statements and 
reports that might be required by applicable federal law in connection 
with this project.
    Article 9. The permittee shall not issue, nor cause to be issued, a 
notice to proceed for construction work until the Department has 
provided notification to the permittee that: (1) The Department has 
concluded, based on its review of the Tier 1 and Tier 2 environmental 
documents and the permittee's ROD or FONSI, that the continuation of 
this permit is in the U.S. national interest; and (2) the Department 
has completed its exchange of diplomatic notes with the Government of 
Mexico regarding authorization of construction. If the Department 
concludes that the continuation of this permit is not in the national 
interest of the United States following its review of the environmental 
documents, including the permittee's ROD or FONSI, the Department shall 
revoke this permit. The permittee shall provide written notice to the 
Department at such time as the construction authorized by this permit 
commences, and again at such time as construction is completed, 
interrupted for more than ninety days or discontinued.
    Article 10. This permit is not intended to, and does not, create 
any right, benefit, or trust responsibility, substantive or procedural, 
enforceable at law or in equity, by any party against the United 
States, its departments, agencies, instrumentalities or entities, its 
officers or employees, in their individual or official capacities, or 
any other person. The issuance of this permit does not create any 
obligation on the part of the permittee or the United States of America 
to construct, operate, maintain, or accept the donation of all or any 
portion of the Otay Mesa East border crossing; provided, however, if 
the permittee does operate the facilities then it will do so in 
accordance with the terms and conditions of this permit.
    Article 11. This permit shall expire ten years from the date of 
issuance in the event that the permittee neither has issued nor caused 
to be issued the notice to proceed for construction activities.
    In witness whereof, I, John D. Negroponte, Deputy Secretary of 
State, have hereunto set my hand this 20th day of November 2008, in 
Washington, District of Columbia.
    End Permit text.

    Dated: December 9, 2008.
Alex Lee,
Director, Office of Mexican Affairs, Department of State.
 [FR Doc. E8-29622 Filed 12-12-08; 8:45 am]
BILLING CODE 4710-29-P
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