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, 48408-48409 [2010-19725]
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48408
Federal Register / Vol. 75, No. 153 / Tuesday, August 10, 2010 / Notices
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
The Department of State
issued a Presidential permit, effective
August 3, 2010, authorizing OtayTijuana Venture, L.L.C., to construct,
operate, and maintain an international
pedestrian bridge called San DiegoTijuana 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 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:
sroberts on DSKB9S0YB1PROD with NOTICES
SUMMARY:
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.
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16:26 Aug 09, 2010
Jkt 220001
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
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Fmt 4703
Sfmt 4703
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
E:\FR\FM\10AUN1.SGM
10AUN1
Federal Register / Vol. 75, No. 153 / Tuesday, August 10, 2010 / Notices
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.
BILLING CODE 4710–29–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. EP 698]
Establishment of the Toxic by
Inhalation Hazard Common Carrier
Transportation Advisory Committee
Surface Transportation Board.
Notice of establishment of the
Toxic by Inhalation Hazard Common
Carrier Transportation Advisory
Committee.
AGENCY:
ACTION:
As required by § 9(a)(2) of the
Federal Advisory Committee Act
(FACA), 5 U.S.C. app., the Surface
Transportation Board hereby gives
notice that, following consultation with
the General Services Administration,
the Board will create the Toxic by
Inhalation Hazard Common Carrier
Transportation Advisory Committee
(TIHCCTAC), to provide independent
advice and policy suggestions to the
Board on issues related to the common
carrier obligation with respect to the rail
transportation of toxic by inhalation
hazards (TIH), and specifically, to
outline what is a railroad’s reasonable
response to a shipper’s request that it
transport TIH cargo. The TIHCCTAC
will convene for a two-year period
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16:26 Aug 09, 2010
Jkt 220001
Comments regarding the
proposed TIHCCTAC structure and
scope must be received by 5 p.m. E.D.T.,
Friday, September 24, 2010.
Nominations for members must be
received by 5 p.m. E.D.T., Monday,
October 25, 2010.
ADDRESSES: All comments and
nominations should be submitted to the
Board, and may be submitted either via
the Board’s e-filing format or in the
traditional paper format. Any person
using e-filing should comply with the
instructions at the E-FILING link on the
Board’s Web site, at https://
www.stb.dot.gov. Any person submitting
a nomination in the traditional paper
format should send an original and 10
copies to: Surface Transportation Board,
Attn: STB Ex Parte No. 698, 395 E
Street, SW., Washington, DC 20423–
0001.
DATES:
[FR Doc. 2010–19725 Filed 8–9–10; 8:45 am]
SUMMARY:
during which the Board anticipates it
will produce a report that will include
a recommended policy statement for
further consideration by the Board. The
Board may renew the TIHCCTAC
charter if the Board deems it advisable.
This notice seeks comments on the
proposed TIHCCTAC structure, as
outlined below. It also requests
nominations for members of the
TIHCCTAC.
In the context of its proposed
structure, outlined below, the Board
seeks input from interested persons on
a number of issues, including: (1) What
should be the appropriate scope of such
a committee’s mandate? (2) How would
the scope of the committee’s mandate
affect its utility? (3) What would be the
optimum size of such a committee? and
(4) How should the committee’s
membership be allocated among various
stakeholder groups to achieve a fairly
balanced ‘‘cross section of those directly
affected, interested, and qualified,’’ as
required under FACA, 41 CFR 102–
3.60(b)(3).
FOR FURTHER INFORMATION CONTACT:
Ronald Molteni, Office of the General
Counsel, at 202–245–0267. [Assistance
for the hearing impaired is available
through the Federal Information Relay
Service (FIRS) at 1–800–877–8339.]
SUPPLEMENTARY INFORMATION: The
Board, created by Congress in 1996 to
take over many of the functions
previously performed by the Interstate
Commerce Commission, exercises broad
authority over transportation by rail
carriers, including regulation of railroad
rates and service (49 U.S.C. 10701–
10747, 11101–11124), as well as the
construction, acquisition, operation, and
abandonment of rail lines (49 U.S.C.
10901–10907) and railroad line sales,
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Frm 00108
Fmt 4703
Sfmt 4703
48409
consolidations, mergers, and common
control arrangements (49 U.S.C. 10902,
11323–11327). As part of its regulatory
function, the Board oversees the
common carrier obligation.
The common carrier obligation refers
to the statutory duty of railroads to
provide ‘‘transportation or service on
reasonable request.’’ 49 U.S.C. 11101(a).
A railroad may not refuse to provide
service merely because to do so would
be inconvenient or unprofitable. G.S.
Roofing Prods. Co. v. STB, 143 F.3d 387,
391 (8th Cir. 1998). The common carrier
obligation, however, is not absolute, and
service requests must be reasonable. Id.
In recent years, the Board has seen an
increasing number of questions arising,
both formally and informally, regarding
the extent of a railroad’s common carrier
obligation. As a result, in its docket
styled, Common Carrier Obligation of
Railroads, EP 677, the Board held a
hearing on April 24–25, 2008, to hear
comments from interested parties on the
common carrier obligation and to
provide a forum for discussion of that
obligation.
That hearing raised issues involving
the obligation of railroads to haul
hazardous materials, including toxic by
inhalation hazards. For many hazardous
materials, including TIH, rail is the
safest and most efficient mode of
transportation. But, according to the
railroads, the transportation of these
materials subjects them to the potential
for extremely high liability in the event
of an accident.
Consequently, to allow a more
detailed discussion, the Board opened
another docket styled, Common Carrier
Obligation of Railroads—Transportation
of Hazardous Materials, EP 677 (SubNo. 1), and held a hearing on July 22,
2008, to further explore the issues
surrounding the transportation of
hazardous materials by rail. At that
hearing, the Board heard testimony that
touched on, among other things, specific
potential policy solutions to the liability
concern.
In EP 677 (Sub-No. 1), the Board
invited parties to comment on what
constitutes a reasonable request for
service involving the movement of TIH,
as well as whether there are unique
costs associated with the transportation
of hazardous materials, and if so, how
railroads recover those costs.
The American Association of
Railroads (AAR) suggested that the
Board adopt the following policy
statement:
It would not be an unreasonable practice
for a rail carrier, under the provisions of 49
U.S.C. 11101(a) and 49 U.S.C. 10702, to
require (if it elected to), as a condition of
providing common carrier transportation
E:\FR\FM\10AUN1.SGM
10AUN1
]]>Agencies
[Federal Register Volume 75, Number 153 (Tuesday, August 10, 2010)]
[Notices]
[Pages 48408-48409]
From the Federal Register Online via the Government Printing 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 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 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]
BILLING CODE 4710-29-P
