Issuance of an Amended Presidential Permit Authorizing the Construction, Operation, and Maintenance of an International Bridge Near McAllen, TX, at the International Boundary Between the United States and Mexico, 27231-27233 [E9-13336]
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Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices
comments should avoid the use of any
special characters, any form of
encryption, and be free of any defects or
viruses.
Copies of the final EIS have been
mailed to interested federal, tribal, state
and local agencies; public interest
groups; individuals and affected
landowners who requested a copy of the
final EIS or provided comments during
the scoping process; libraries;
newspapers; and other stakeholders.
FOR FURTHER INFORMATION CONTACT: The
Enbridge application for a Presidential
Permit, including associated maps and
drawings, the final EIS; a list of libraries
where the final EIS may be reviewed;
and other project information is
available for viewing and download at
the project Web site: https://
www.albertaclipper.state.gov.
For information on the proposed
project or the final EIS contact Elizabeth
Orlando, OES/ENV Room 2657, U.S.
Department of State, Washington, DC
20520, or by telephone (202) 647–4284,
or by fax at (202) 647–5947.
Daniel Fantozzi,
Director, Bureau of Oceans and International
Environmental and Scientific Affairs/Office
of Environmental Policy, Department of State.
[FR Doc. E9–13335 Filed 6–5–09; 8:45 am]
BILLING CODE 4710–07–P
DEPARTMENT OF STATE
[Public Notice 6656]
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Issuance of an Amended Presidential
Permit Authorizing the Construction,
Operation, and Maintenance of an
International Bridge Near McAllen, TX,
at the International Boundary Between
the United States and Mexico
SUMMARY: At the request of the
permittee, the Department of State has
amended the Presidential permit,
originally issued in 1999, that
authorizes the Cities of McAllen,
Hidalgo, and Mission, Texas to
construct, operate, and maintain an
international bridge known as
‘‘Anzalduas Bridge’’ near McAllen,
Texas, at the international boundary
between the United States and Mexico.
The amendment removes an article in
the original permit that limited initial
operating hours of the bridge to twelve
hours per day. With this restriction
removed, the Department of Homeland
Security’s Bureau of Customs and
Border Patrol, working with local and
Mexican authorities, can set the bridge’s
hours of operation in accordance with
demand and available resources. In
making its determination to amend the
permit, the Department provided public
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notice of the proposed amendment and
provided the opportunity for comment
(74 FR 12173, March 23, 2009) and also
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: The
following is the text of the amended
permit:
By virtue of the authority vested in
me as Acting Assistant Secretary of
State for the Bureau of Economic,
Energy, and Business Affairs 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 322 of January 16, 2009;
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 the Cities
of McAllen, Hidalgo, and Mission,
Texas (hereinafter referred to as
‘‘permittee’’), to construct, operate, and
maintain an international vehicular and
pedestrian bridge southwest of McAllen,
Texas, and adjacent to Reynosa,
Tamaulipas, Mexico.
The term ‘‘facilities’’ as used in this
permit means the bridge, its approaches
and any land, structure or installations
appurtenant thereto, as set forth in
Alternative #3 in the ‘‘Anzalduas
International Crossing U.S.-Side
Improvements, Final Environmental
Assessment’’ dated March 1996, as
amended and supplemented by the
Department of State (the ‘‘EA’’).
The term ‘‘United States facilities’’ as
used in this permit means that part of
the facilities in the United States.
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27231
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 the
conditions, provisions, and
requirements of this permit or any
amendment thereof; further that 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; further that 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. (1) 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 or state 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.
(2) Approval of the United States
Coast Guard in conformity with Section
5 of the International Bridge Act of 1972
(33 U.S.C. 535c), by virtue of authority
delegated to the Commandant, U.S.
Coast Guard by Section 1.46(q) of Title
49, Code of Federal Regulations, shall be
obtained prior to initiation of
construction.
Article 3. The permittee shall comply
with all federal and state laws and
regulations regarding the construction,
operation, and maintenance of the
United States facilities, and with all
applicable industrial codes.
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. If, in the future, it should
appear to the United States Coast Guard
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Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices
and the Secretary of Homeland Security
or the Secretary’s delegate that any
facilities or operations permitted
hereunder cause unreasonable
obstructions to the free navigation of
any of the navigable waters of the
United States, the permittee may be
required, upon notice from the Secretary
of Homeland Security or the Secretary’s
delegate, to remove or alter such of the
facilities as are owned by it so as to
render navigation through such waters
free and unobstructed.
Article 6. This permit and the
operation of the United States facilities
hereunder shall be subject to the
regulations issued by any competent
agency of the United States
Government, including but not limited
to the United States Coast Guard, the
Department of Homeland Security, 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 7. 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 8. 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 a proper identification by
the transferee. This permit shall remain
in force subject to all the conditions,
permissions and requirements of this
permit and any amendments thereof
unless terminated or amended by the
Secretary of State or the Secretary’s
delegate.
Article 9. (1) The permittee shall
acquire such right-of-way grants,
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easements, permits, and other
authorizations as may become necessary
and appropriate.
(2) The permittee shall save harmless
the United States from any claimed or
adjudged liability arising out of the
construction, completion, 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 10. (1) The permittee shall
provide to the General Services
Administration (GSA), at no cost to the
federal government, a site of 90 acres
that is adequate and acceptable to GSA
(that is, environmentally compliant and
construction ready) on which to
construct border station facilities at the
United States terminal of the bridge.
(2) If permanent facilities are not
completed and accepted by the GSA by
2005, the permittee shall provide, at no
cost to the federal government, a
‘‘temporary’’ border station facility to
include four traffic lanes and all related
processing and support facilities until
such time as permanent facilities have
been completed and accepted by GSA.
(3) The permittee shall construct
appropriate southbound inspection
facilities for vehicle, pedestrian, and
commercial traffic to include canopies
and such features as may be needed to
address security and safety concerns,
prior to the opening of the bridge.
(4) The border station facilities used
by agencies of the United States
Government shall be owned by GSA.
(5) The permittee shall comply fully
with all National Environmental Policy
Act and National Historic Preservation
Act mitigation provisions and
stipulations for transfer of the site to
GSA.
Article 11. (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 measures set
forth in the EA and in the Department’s
Finding of No Significant Impact dated
July 23, 1999.
(2) The permittee shall comply with
all of its obligations under the FourParty Land and Dedication Agreement
among the United States Department of
the Interior Fish and Wildlife Service,
AgHOC, Inc., the City of McAllen,
Texas, and the McAllen/Hidalgo/
Mission International Bridge Board of
July 26, 1995; as amended by The First
Amendment to the Four-Party Land and
Dedication Agreement dated April 1,
1999, and signed April 15, 1999; and
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with all of the terms and provisions of
Resolution No. 1999–12 adopted by the
McAllen City Commission at its March
22, 1999, meeting.
(3) Before beginning construction the
permittee shall: conclude satisfactory
arrangements with appropriate federal
and state agencies that will provide the
assurance to the USIBWC that the bridge
and associated facilities will not in any
way present an obstruction or deflection
to the normal flows or flood flows
designated by the USIBWC in the reach
of the international part of the Rio
Grande River; acquire the appropriate
permits and licenses from the USIBWC
for crossing the interior floodways and
for direct or indirect use of facilities
associated with the Lower Rio Grande
Flood Control Project; and obtain the
approval of the U.S. Commissioner of
the IBWC that the project is consistent
with the terms of boundary and water
treaties between the United States and
Mexico and other international
agreements in force.
(4) If at a future date the permittee
determines that the base flood
elevations or the Special Flood Hazard
Area will be affected as a result of the
proposed project, it shall submit the
appropriate scientific or technical data
in accordance with the requirements of
Part 65 of the National Flood Insurance
Program and request a map revision.
Article 12. The permittee shall notify
the Department of State and the Texas
Historical Commission in the event
historic or archaeological resources are
discovered during the course of
construction activity, and the permittee
shall cease such construction activity in
the immediate vicinity of those
resources while preparing
documentation required by Section 106
of the National Historic Preservation
Act, 16 U.S.C. 470f, and Section 303
[formerly 4(f)] of the Department of
Transportation Act, 49 U.S.C. 303, to
address particular sites directly
impacted by the project that are
identified as requiring in situ
preservation.
Article 13. The permittee shall
comply with all agreed actions and
obligations undertaken to be performed
by it in the Application and Final
Environmental Assessment dated March
1996.
Article 14. The permittee shall file
with the appropriate agencies of the
United States Government such
statements or reports under 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.
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Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices
Article 15. 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 16. (1) The permittee shall
begin construction no earlier than April
1, 2003, and shall open the bridge no
earlier than January 1, 2005, unless
prior to those dates the Secretary of
State or the Secretary’s delegate
determines that the United States
Congress has provided sufficient funds
for construction, operation, and support
of the Anzalduas International Crossing.
(2) The permittee shall begin
construction of permanent cargo import
facilities no earlier than January 1, 2015,
unless prior to that date the Average
Northbound Cargo Traffic at the Pharr
International Bridge reaches 15,000
vehicles per week.
In witness thereof, I, David D. Nelson,
Acting Assistant Secretary of State for
the Bureau of Economic, Energy, and
Business Affairs, have hereunto set my
hand this 27th day of May 2009, in the
City of Washington, District of
Columbia.
Dated: June 1, 2009.
Alex Lee,
Director, Office of Mexican Affairs,
Department of State.
[FR Doc. E9–13336 Filed 6–5–09; 8:45 am]
BILLING CODE 4710–29–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Agency Information Collection Activity
Seeking OMB Approval
cprice-sewell on PRODPC61 with NOTICES
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice.
SUMMARY: The FAA invites public
comments about our intention to request
the Office of Management and Budget’s
(OMB) revision of a current information
collection. The Federal Register Notice
with a 60-day comment period soliciting
comments on the following collection of
information was published on December
23, 2008, vol. 73, no. 247, page 78866.
The information collected on the FAA
Form 8120–11 is used by those who
wish to report suspected unapproved
parts to the FAA for review.
DATES: Please submit comments by July
8, 2009.
FOR FURTHER INFORMATION CONTACT:
Carla Mauney at Carla.Mauney@faa.gov.
SUPPLEMENTARY INFORMATION:
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27233
Federal Aviation Administration (FAA)
DEPARTMENT OF TRANSPORTATION
Title: Suspected Unapproved Parts
Notification.
Type of Request: Revision of a
currently approved collection.
OMB Control Number: 2120–0552.
Form(s): 8120–11.
Affected Public: An estimated 150
Respondents.
Frequency: This information is
collected on occasion.
Estimated Average Burden per
Response: Approximately 30 minutes
per response.
Estimated Annual Burden Hours: An
estimated 75 hours annually.
Abstract: The information collected
on the FAA Form 8120–11 is used by
those who wish to report suspected
unapproved parts to the FAA for review.
The information is used to determine if
an unapproved part investigation is
warranted.
Federal Aviation Administration
Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget. Comments should be addressed
to the attention of the Desk Officer,
Department of Transportation/FAA, and
sent via electronic mail to
oira_submission@omb.eop.gov, or faxed
to (202) 395–6974, or mailed to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Docket Library, Room 10102,
725 17th Street, NW., Washington, DC
20503.
Comments are invited on: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Department,
including whether the information will
have practical utility; the accuracy of
the Department’s estimates of the
burden of the proposed information
collection; ways to enhance the quality,
utility, and clarity of the information to
be collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
ADDRESSES:
Issued in Washington, DC, on June 1, 2009.
Carla Mauney,
FAA Information Collection Clearance
Officer, IT Enterprises Business Services
Division, AES–200.
[FR Doc. E9–13170 Filed 6–5–09; 8:45 am]
BILLING CODE 4910–13–M
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Notice of Intent To Request Revision
From the Office of Management and
Budget of a Currently Approved
Information Collection Activity,
Request for Comments; Information
for the Prevention of Aircraft Collisions
on Runways at Towered Airports
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for
comments.
SUMMARY: The FAA invites public
comments about our intention to request
the Office of Management and Budget
(OMB) to approve a current information
collection. Runway incursions are a risk
to the public traveling in aircraft.
Feedback from these surveys is used in
the prevention of runway collisions and
in the medication of the severity and
frequency of runway incursions.
DATES: Please submit comments by
August 7, 2009.
FOR FURTHER INFORMATION CONTACT:
Carla Mauney on (202) 267–9895, or by
e-mail at: Carla.Mauney@faa.gov.
SUPPLEMENTARY INFORMATION:
Federal Aviation Administration (FAA)
Title: Information for the Prevention
of Aircraft Collisions on Runways at
Towered Airports.
Type of Request: Revision of an
approved collection.
OMB Control Number: 2120–0692.
Forms(s): There are no FAA forms
associated with this collection.
Affected Public: A total of 450,300
Respondents.
Frequency: The information is
collected on occasion.
Estimated Average Burden per
Response: Approximately 5 minutes per
response.
Estimated Annual Burden Hours: An
estimated 34,692 hours annually.
Abstract: Runway incursions are a
risk to the public traveling in aircraft.
Feedback from these surveys is used in
the prevention of runway collisions and
in the medication of the severity and
frequency of runway incursions.
ADDRESSES: Send comments to the FAA
at the following address: Ms. Carla
Mauney, Room 712, Federal Aviation
Administration, IT Enterprises Business
Services Division, AES–200, 800
Independence Ave., SW., Washington,
DC 20591.
Comments are invited on: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Department,
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]]>Agencies
[Federal Register Volume 74, Number 108 (Monday, June 8, 2009)]
[Notices]
[Pages 27231-27233]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13336]
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DEPARTMENT OF STATE
[Public Notice 6656]
Issuance of an Amended Presidential Permit Authorizing the
Construction, Operation, and Maintenance of an International Bridge
Near McAllen, TX, at the International Boundary Between the United
States and Mexico
SUMMARY: At the request of the permittee, the Department of State has
amended the Presidential permit, originally issued in 1999, that
authorizes the Cities of McAllen, Hidalgo, and Mission, Texas to
construct, operate, and maintain an international bridge known as
``Anzalduas Bridge'' near McAllen, Texas, at the international boundary
between the United States and Mexico. The amendment removes an article
in the original permit that limited initial operating hours of the
bridge to twelve hours per day. With this restriction removed, the
Department of Homeland Security's Bureau of Customs and Border Patrol,
working with local and Mexican authorities, can set the bridge's hours
of operation in accordance with demand and available resources. In
making its determination to amend the permit, the Department provided
public notice of the proposed amendment and provided the opportunity
for comment (74 FR 12173, March 23, 2009) and also 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: The following is the text of the amended
permit:
By virtue of the authority vested in me as Acting Assistant
Secretary of State for the Bureau of Economic, Energy, and Business
Affairs 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 322 of January 16, 2009; 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 the Cities of McAllen, Hidalgo, and
Mission, Texas (hereinafter referred to as ``permittee''), to
construct, operate, and maintain an international vehicular and
pedestrian bridge southwest of McAllen, Texas, and adjacent to Reynosa,
Tamaulipas, Mexico.
The term ``facilities'' as used in this permit means the bridge,
its approaches and any land, structure or installations appurtenant
thereto, as set forth in Alternative 3 in the ``Anzalduas
International Crossing U.S.-Side Improvements, Final Environmental
Assessment'' dated March 1996, as amended and supplemented by the
Department of State (the ``EA'').
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 the conditions,
provisions, and requirements of this permit or any amendment thereof;
further that 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; further that 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. (1) 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 or state 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.
(2) Approval of the United States Coast Guard in conformity with
Section 5 of the International Bridge Act of 1972 (33 U.S.C. 535c), by
virtue of authority delegated to the Commandant, U.S. Coast Guard by
Section 1.46(q) of Title 49, Code of Federal Regulations, shall be
obtained prior to initiation of construction.
Article 3. The permittee shall comply with all federal and state
laws and regulations regarding the construction, operation, and
maintenance of the United States facilities, and with all applicable
industrial codes.
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. If, in the future, it should appear to the United States
Coast Guard
[[Page 27232]]
and the Secretary of Homeland Security or the Secretary's delegate that
any facilities or operations permitted hereunder cause unreasonable
obstructions to the free navigation of any of the navigable waters of
the United States, the permittee may be required, upon notice from the
Secretary of Homeland Security or the Secretary's delegate, to remove
or alter such of the facilities as are owned by it so as to render
navigation through such waters free and unobstructed.
Article 6. This permit and the operation of the United States
facilities hereunder shall be subject to the regulations issued by any
competent agency of the United States Government, including but not
limited to the United States Coast Guard, the Department of Homeland
Security, 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 7. 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 8. 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 a proper identification by the transferee. This permit
shall remain in force subject to all the conditions, permissions and
requirements of this permit and any amendments thereof unless
terminated or amended by the Secretary of State or the Secretary's
delegate.
Article 9. (1) The permittee shall acquire such right-of-way
grants, easements, permits, and other authorizations as may become
necessary and appropriate.
(2) The permittee shall save harmless the United States from any
claimed or adjudged liability arising out of the construction,
completion, 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 10. (1) The permittee shall provide to the General Services
Administration (GSA), at no cost to the federal government, a site of
90 acres that is adequate and acceptable to GSA (that is,
environmentally compliant and construction ready) on which to construct
border station facilities at the United States terminal of the bridge.
(2) If permanent facilities are not completed and accepted by the
GSA by 2005, the permittee shall provide, at no cost to the federal
government, a ``temporary'' border station facility to include four
traffic lanes and all related processing and support facilities until
such time as permanent facilities have been completed and accepted by
GSA.
(3) The permittee shall construct appropriate southbound inspection
facilities for vehicle, pedestrian, and commercial traffic to include
canopies and such features as may be needed to address security and
safety concerns, prior to the opening of the bridge.
(4) The border station facilities used by agencies of the United
States Government shall be owned by GSA.
(5) The permittee shall comply fully with all National
Environmental Policy Act and National Historic Preservation Act
mitigation provisions and stipulations for transfer of the site to GSA.
Article 11. (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 measures set forth in the EA and in the
Department's Finding of No Significant Impact dated July 23, 1999.
(2) The permittee shall comply with all of its obligations under
the Four-Party Land and Dedication Agreement among the United States
Department of the Interior Fish and Wildlife Service, AgHOC, Inc., the
City of McAllen, Texas, and the McAllen/Hidalgo/Mission International
Bridge Board of July 26, 1995; as amended by The First Amendment to the
Four-Party Land and Dedication Agreement dated April 1, 1999, and
signed April 15, 1999; and with all of the terms and provisions of
Resolution No. 1999-12 adopted by the McAllen City Commission at its
March 22, 1999, meeting.
(3) Before beginning construction the permittee shall: conclude
satisfactory arrangements with appropriate federal and state agencies
that will provide the assurance to the USIBWC that the bridge and
associated facilities will not in any way present an obstruction or
deflection to the normal flows or flood flows designated by the USIBWC
in the reach of the international part of the Rio Grande River; acquire
the appropriate permits and licenses from the USIBWC for crossing the
interior floodways and for direct or indirect use of facilities
associated with the Lower Rio Grande Flood Control Project; and obtain
the approval of the U.S. Commissioner of the IBWC that the project is
consistent with the terms of boundary and water treaties between the
United States and Mexico and other international agreements in force.
(4) If at a future date the permittee determines that the base
flood elevations or the Special Flood Hazard Area will be affected as a
result of the proposed project, it shall submit the appropriate
scientific or technical data in accordance with the requirements of
Part 65 of the National Flood Insurance Program and request a map
revision.
Article 12. The permittee shall notify the Department of State and
the Texas Historical Commission in the event historic or archaeological
resources are discovered during the course of construction activity,
and the permittee shall cease such construction activity in the
immediate vicinity of those resources while preparing documentation
required by Section 106 of the National Historic Preservation Act, 16
U.S.C. 470f, and Section 303 [formerly 4(f)] of the Department of
Transportation Act, 49 U.S.C. 303, to address particular sites directly
impacted by the project that are identified as requiring in situ
preservation.
Article 13. The permittee shall comply with all agreed actions and
obligations undertaken to be performed by it in the Application and
Final Environmental Assessment dated March 1996.
Article 14. The permittee shall file with the appropriate agencies
of the United States Government such statements or reports under 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.
[[Page 27233]]
Article 15. 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 16. (1) The permittee shall begin construction no earlier
than April 1, 2003, and shall open the bridge no earlier than January
1, 2005, unless prior to those dates the Secretary of State or the
Secretary's delegate determines that the United States Congress has
provided sufficient funds for construction, operation, and support of
the Anzalduas International Crossing.
(2) The permittee shall begin construction of permanent cargo
import facilities no earlier than January 1, 2015, unless prior to that
date the Average Northbound Cargo Traffic at the Pharr International
Bridge reaches 15,000 vehicles per week.
In witness thereof, I, David D. Nelson, Acting Assistant Secretary
of State for the Bureau of Economic, Energy, and Business Affairs, have
hereunto set my hand this 27th day of May 2009, in the City of
Washington, District of Columbia.
Dated: June 1, 2009.
Alex Lee,
Director, Office of Mexican Affairs, Department of State.
[FR Doc. E9-13336 Filed 6-5-09; 8:45 am]
BILLING CODE 4710-29-P
