Finding of No Significant Impact From the Expansion, Renovation, Operation and Maintenance of the Nogales Mariposa Commercial and Pedestrian Border Crossing, 78336-78338 [2010-31502]
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78336
Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Notices
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, and Delegation of
Authority No. 236–3 of August 28, 2000,
I hereby determine that the objects to be
included in the exhibition ‘‘Thomas
Lawrence: Regency Power and
Brilliance,’’ 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 Yale Center for British Art,
New Haven, CT, from on or about
February 24, 2011, until on or about
June 5, 2011, 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: 202/632–6473). The address
is U.S. Department of State, SA–5, L/PD,
Fifth Floor, Washington, DC 20522–
0505.
Dated: December 7, 2010.
Ann Stock,
Assistant Secretary, Bureau of Educational
and Cultural Affairs, Department of State.
[FR Doc. 2010–31499 Filed 12–14–10; 8:45 am]
BILLING CODE 4710–05–P
DEPARTMENT OF STATE
[Public Notice 7264]
hsrobinson on DSK69SOYB1PROD with NOTICES
Review of the Designation of Gama’a
al-Islamiyya, (IG and Other Aliases); as
a Foreign Terrorist Organization
Pursuant to Section 219 of the
Immigration and Nationality Act, as
Amended
Based upon a review of the
Administrative Record assembled in
this matter pursuant to Section
219(a)(4)(C) of the Immigration and
Nationality Act, as amended (8 U.S.C.
1189(a)(4)(C)) (‘‘INA’’), and in
consultation with the Attorney General
and the Secretary of the Treasury, I
conclude that the circumstances that
were the basis for the 2004 redesignation of the aforementioned
organization as a foreign terrorist
organization have not changed in such
a manner as to warrant revocation of the
designation and that the national
security of the United States does not
warrant a revocation of the designation.
VerDate Mar<15>2010
19:10 Dec 14, 2010
Jkt 223001
Therefore, I hereby determine that the
designation of the aforementioned
organization as a foreign terrorist
organization, pursuant to Section 219 of
the INA (8 U.S.C. 1189), shall be
maintained.
This determination shall be published
in the Federal Register.
Dated: December 6, 2010.
James B. Steinberg,
Deputy Secretary of State.
[FR Doc. 2010–31348 Filed 12–14–10; 8:45 am]
BILLING CODE 4710–10–P
DEPARTMENT OF STATE
Bureau of Western Hemisphere Affairs
[Public Notice 7269]
Finding of No Significant Impact From
the Expansion, Renovation, Operation
and Maintenance of the Nogales
Mariposa Commercial and Pedestrian
Border Crossing
Department of State.
Notice.
AGENCY:
ACTION:
The Department of State is
publishing a Finding of No Significant
Impact (FONSI) for the proposed
expansion, renovation, operation and
maintenance of the Nogales Mariposa
Commercial and Pedestrian Border
Crossing between Nogales, Arizona and
Nogales, Sonora, Mexico.
FOR FURTHER INFORMATION CONTACT: Mr.
Stewart Tuttle, Coordinator of Border
Affairs, Office of Mexican Affairs,
Bureau of Western Hemisphere Affairs.
U.S. Department of State, 2201 C Street,
NW., Washington, DC 20520, phone
202–647–6356, or e-mail:
Tuttlesd@state.gov. General information
about Presidential Permits is available
on the Internet at https://www.state.gov/
p/wha/rt/permit/.
SUPPLEMENTARY INFORMATION: The
following represents the text of the State
Department-approved FONSI—The
General Services Administration
(‘‘GSA’’) has submitted an application
for a Presidential permit to expand,
renovate, operate and maintain the
Nogales Mariposa Commercial and
Pedestrian Border Crossing between
Nogales, Arizona and Nogales, Sonora,
Mexico. The Department of State (the
‘‘Department’’) has determined that
under Executive Order 11423, as
amended, a Presidential permit is
required for the proposed alteration of
the existing border crossing since it
would involve a significant
modification in a piercing of the United
States-Mexico border. See 75 FR 14487
(March 25, 2010).
SUMMARY:
PO 00000
Frm 00134
Fmt 4703
Sfmt 4703
The Nogales Land Port of Entry
(LPOE) was constructed in 1973 and is
located at the U.S.-Mexico border
between the City of Nogales, Arizona
and the City of Nogales, Sonora, Mexico,
approximately 65 miles south of
Tucson, Arizona. The LPOE is a fullservice facility inspecting primarily
commercial vehicles, but also
personally-owned vehicles and
pedestrians entering the U.S. from
Mexico. Today the LPOE is one of the
ten busiest cargo ports along the entire
U.S.-Mexico border. As a result of the
North American Free Trade Agreement
(NAFTA), the LPOE serves as the
primary commercial truck route
between the U.S. and Mexico in the
Nogales area and is a linchpin in the
international trade infrastructure
between the U.S., Mexico and Canada.
GSA has sought a Presidential permit
because of the need for an upgrade to
the current LPOE facilities necessitated
by the increased trade volume between
the U.S. and Mexico brought about by
NAFTA. Pedestrian crossings have
tripled since 2002 and are expected to
increase nearly 200 percent by 2025.
Bus traffic at the LPOE doubled between
2002 and 2006. Currently, the LPOE
processes approximately 1,000
commercial vehicles per day. This
figure is expected to increase to 1,730
per day by 2030. The current LPOE
infrastructure does not conform to
GSA’s current guidelines governing
layout, minimum vehicle clearances,
pedestrian and employee safety and
national security. Due to its outdated
equipment and inefficient traffic
circulation, the existing LPOE
configuration will not be able to handle
the predicted increases in traffic
volume. Congress in the Reinvestment
and Recovery Act of 2009 provided
$199 million to upgrade current
facilities and completion of this upgrade
is a priority project for both GSA and
the Bureau of Customs and Border
Protection (CBP) of the Department of
Homeland Security (DHS).
The General Services Administration
(GSA) published an Environmental
Assessment (EA) for the proposed
expansion, renovation, operation and
maintenance of the Nogales Mariposa
Commercial and Pedestrian Border
Crossing between Nogales, Arizona and
Nogales, Sonora, Mexico on June, 12,
2009. Based on that EA, GSA then also
issued its own FONSI on August 7, 2009
concluded that the Nogales project is
not a major federal action significantly
affecting the quality of the human
environment that would require an
environmental impact statement and
gave public notice of its finding of no
significant impact (FONSI) on June 24,
E:\FR\FM\15DEN1.SGM
15DEN1
Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Notices
hsrobinson on DSK69SOYB1PROD with NOTICES
2009. 74 Fed. Reg. 30090. In response to
comments from both the Department of
State and the Council on Environmental
Quality (CEQ), GSA had prepared a
revised EA published on June 29, 2010,
which it furnished the State Department
as part of its application. The State
Department staff has reviewed that
document and concluded that all of
State’s comments and suggestions have
been satisfied. Therefore, based on the
findings and mitigation measure set
forth below, we recommend that you
adopt the revised EA (which is hereby
incorporated by reference) and conclude
that project described in the revised EA
is not a federal action significantly
affecting the quality of the human
environment and that an Environmental
Impact statement is not required.
The State Department has determined
that based upon these documents, all
procedural requirements have been met
and granting the Presidential permit for
this border crossing is not a federal
action significantly affecting the quality
of the human environment. Therefore,
no Environmental Impact Statement
will be prepared.
Findings
1. The General Services
Administration has previously
published in the Federal Register (74
FR 30090FR 74, No. 120, Doc E9–14781,
June 24, 2009) its determination that
expansion, renovation, operation and
maintenance of the Nogales Mariposa
Commercial and Pedestrian Border
Crossing between Nogales, Arizona and
Nogales, Sonora, Mexico will not
significantly affect the quality of the
human environment.
2. All NEPA procedural requirements
have been met, including a 30-day
public notice period and coordination
with federal, state, and local
government agencies, as well as with
Native Americans tribes.
3. The environmental commitments
(mitigation measures) set forth below
will offset any negative impacts
identified by the in the revised GSA or
updated EA (referenced above).
4. No disputes or controversies have
arisen regarding the accuracy or
presentation of environmental effects, as
documented in the revised GSA or
updated EA.
5. The Proposed Action would have
no impact on historic properties.
Pursuant to Section 106 of the National
Historic Preservation Act, GSA
consulted with the Arizona State
Historic Preservation Office, the Tohono
O’odham Nation, and the Hopi Tribe.
The Arizona State Historic Preservation
Office and the Hopi Tribe concurred
with this finding in letters which are
VerDate Mar<15>2010
19:10 Dec 14, 2010
Jkt 223001
attached to the revised EA available on
the GSA website.
6. Pursuant to Section 7 of the
Endangered Species Act (ESA), GSA, as
the lead federal agency, determined that
the Proposed Action would not affect
any proposed or designated critical
habitat, and the Department concurs
with this decision that implementation
of the project will not adversely affect
any threatened or endangered species.
7. All soil disturbance and shrub
removal will be minimized during
relocation.
8. Implementation of this action will
have no adverse impact on any Indian
Trust Assets.
9. Implementation of this action will
not violate federal, state, or local law.
Mitigation Measures
The following mitigation and
monitoring measures will be
implemented to ensure that the action
will not have not have a significant
impact on the quality of the human
environment:
• Upon completion of the Arizona
Department of Transportation small area
transportation study, the GSA will
reevaluate the impacts of the preferred
alternative on local and regional traffic
and provide the Department with
supporting information for the Regional
Transportation Plan.
• During final design, GSA will
develop traffic control and trailblazing
plans to warn drivers and pedestrians of
the construction activities and ensure
safe travel through the area.
• During final design, GSA will
develop construction sequencing plans
ensure smooth border operations and
maintain pedestrian, commercial, and
non-commercial traffic flow.
• The contractor shall stabilize open
storage piles and disturbed areas by
covering and/or applying water or
chemical/organic dust palliative where
appropriate. This applies to both
inactive and active sites, during
workdays, weekends, holidays, and
windy conditions.
• The contractor shall install wind
fencing and phase grading operations
where appropriate, and operate water
trucks for stabilization of surfaces under
windy conditions.
• When hauling material and
operating non-earthmoving equipment,
the contractor shall prevent spillage and
limit speeds to 15 mph.
• The contractor shall limit the speed
of earth-moving equipment to 10 mph.
• The contractor shall reduce use,
trips and unnecessary idling from heavy
equipment.
• The contractor shall maintain and
tune vehicle engines per manufacturer’s
PO 00000
Frm 00135
Fmt 4703
Sfmt 4703
78337
specifications to perform at EPA
certification levels and to perform at
verified standards applicable to retrofit
technologies.
• The contractor shall employ
periodic, unscheduled inspections to
limit unnecessary idling and to ensure
that construction equipment is properly
maintained, tuned, and modified
consistent with established
specifications.
• The contractor shall prohibit any
tampering with engines and require
continuing adherence to manufacturer’s
recommendations.
• The contractor shall, if practicable,
lease newer and cleaner equipment
meeting the most stringent of applicable
federal or state Standards.
• The contractor shall utilize
equipment that has EPA-registered
particulate traps and other appropriate
controls where suitable to reduce
emissions of diesel particulate matter
and other pollutants at the construction
site.
• The contractor shall prepare an
inventory of all equipment prior to
construction and identify the suitability
of add-on emission controls for each
piece of equipment before
groundbreaking. The suitability of
control devices is based on: Whether
there is reduced normal availability of
the construction equipment due to
increased downtime and/or power
output, whether there may be significant
damage caused to the construction
equipment engine, or whether there may
be a significant risk to nearby workers
or the public.
• The contractor shall utilize the
cleanest available fuel engines in
construction equipment and identify
opportunities for electrification.
• The contractor shall use low sulfur
fuel (diesel with 15 parts per million or
less) in engines where alternative fuels
such as biodiesel and natural gas are not
possible.
• The contractor shall develop a
construction-traffic and parking
management plan that minimizes traffic
interference and maintains traffic flow.
• The contractor shall not disturb any
of the drainages surrounding the project
a until a determination has been made
by the U.S. Army Corps of Engineers
that the project may proceed under a
Nationwide Permit and an individual
Water Quality Certification from the
ADEQ has been obtained. Additionally,
an individual Water Quality
Certification would be obtained from
the Arizona Department of
Environmental Quality.
• GSA shall submit a preliminary set
of plans, a hydrology/hydraulics report,
and a CLOMR for the project to the
E:\FR\FM\15DEN1.SGM
15DEN1
78338
Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Notices
Santa Cruz County Flood Control
District prior to final design and
construction.
• GSA shall submit preliminary set of
plans, a hydrology/hydraulics report,
and a CLOMR for the project will be
submitted to the EPA for comment prior
to final design and construction.
• Since the Proposed Action would
involve demolition of existing
structures, GSA shall engage an
Asbestos Hazard Emergency Response
Act certified inspector to inspect all
structures to be demolished. If
Regulated Asbestos Containing Material
is present in the structures, GSA shall
develop a work plan to remove,
transport, and dispose of these
materials.
• At least 10 days prior to demolition
of any structure GSA shall provide the
ADEQ National Emission Standard
Hazardous Air Pollutant coordinator
with a National Emission Standard
Hazardous Air Pollutant notification
form for each structure to be
demolished.
• GSA shall notify the Santa Cruz
County Flood Control District and the
Arizona Department of Water Resources
prior to undertaking any work that
would disturb the rainfall and stream
level gauges on the upstream headwall
of the culverts on Ephraim Canyon/Las
Canoas Wash. In accordance with NEPA
(42 U.S.C. 4321 et seq.), the regulations
of the Council on Environmental
Quality (40 CFR 1500–1508), and the
Department’s implementing regulations
(22 CFR part 161, and in particular 22
CFR 161.7(c)) and based on the findings
and mitigation measures above, the
Department of State finds that the
project described in the attached
Revised GSA EA is not a federal action
significantly affecting the quality of the
human environment. Therefore, no
Environmental Impact statement will be
prepared.
Dated: December 10, 2010.
Edward Alexander Lee,
Director, Office of Mexican Affairs,
Department of State.
[FR Doc. 2010–31502 Filed 12–14–10; 8:45 am]
BILLING CODE 4710–29–P
DEPARTMENT OF STATE
hsrobinson on DSK69SOYB1PROD with NOTICES
[Public Notice 7235]
Notice of Public Meeting of the
President’s Emergency Plan for AIDS
Relief (PEPFAR) Scientific Advisory
Board
In accordance with the
Federal Advisory Committee Act
(FACA), the PEPFAR Scientific
SUMMARY:
VerDate Mar<15>2010
19:10 Dec 14, 2010
Jkt 223001
Advisory Board hereinafter referred to
as ‘‘the Board,’’ will meet as indicated
below.
DEPARTMENT OF STATE
The U.S. President’s Emergency Plan
for AIDS Relief (PEPFAR) Scientific
Advisory Board will meet on January 6–
7, 2011 at the St. Gregory Hotel, 2033 M
Street, NW., Washington, DC 20036. The
meeting will be from 9 a.m. until
approximately 5 p.m. on both days and
is open to the public.
The meeting will be hosted by the
Office of the U.S. Global AIDS
Coordinator, Ambassador Eric Goosby,
who leads implementation of the
President’s Emergency Plan for AIDS
Relief (PEPFAR).
The PEPFAR Scientific Advisory
Board serves the Global AIDS
Coordinator in a solely advisory
capacity concerning scientific,
implementation, and policy issues
related to the global response to HIV/
AIDS. These issues will be of concern as
they influence the priorities and
direction of PEPFAR evaluation and
research, the content of national and
international strategies and
implementation, and the role of
PEPFAR in the international discourse
regarding appropriate and resourced
responses. Topics for the January 6–7th
meeting will include an overview of
PEPFAR-funded evaluations, priority
setting within HIV/AIDS Care,
Treatment and Prevention areas, and
recommendations to the Ambassador on
the future direction of evaluation and
research within PEPFAR.
The public may attend this meeting as
seating capacity allows. To RSVP and
for those requesting reasonable
accommodation, please contact the
Office of the U.S. Global AIDS
Coordinator, Tiffany Peoples: E-mail
(PeoplesTN2@state.gov), by December
29, 2010. Requests made after that time
will be considered, but might not be
possible to accommodate. While the
meeting is open to public attendance,
the Board will determine procedures for
public participation and will announce
those procedures at the meeting.
For further information about the
meeting, please contact Paul Bouey,
Deputy Coordinator, Office of the U.S.
Global AIDS Coordinator at (202) 663–
2440 or BoueyPD@state.gov.
Meeting of the United States-Oman
Joint Forum on Environmental
Cooperation Pursuant to the United
States-Oman Memorandum of
Understanding on Environmental
Cooperation
Dated: December 8, 2010.
Paul D. Bouey,
Deputy Coordinator, Office of the U.S. Global
AIDS Coordinator, Department of State.
[FR Doc. 2010–31498 Filed 12–14–10; 8:45 am]
BILLING CODE 4710–10–P
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Frm 00136
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[Public Notice 7261]
Notice of the meeting of the
U.S.-Oman Joint Forum on
Environmental Cooperation and request
for comments.
ACTION:
The Department of State is
providing notice that the United States
and Oman intend to hold a meeting of
the U.S.-Oman Joint Forum on
Environmental Cooperation (‘‘Joint
Forum’’) in Muscat, Oman, on January 9,
2011, at a venue to be announced. The
Governments created the Joint Forum in
connection with the U.S.-Oman
Memorandum of Understanding on
Environmental Cooperation (‘‘MOU’’). If
you are interested in attending, please
email Abby Lindsay at
LindsayA@state.gov for the specific time
and place. See below under
SUPPLEMENTARY INFORMATION for
additional details on the background
and purpose of the meeting.
During the meeting, the U.S. and
Oman will present a brief history of
U.S.-Oman environmental cooperation,
a review of activities under the 2006–
2008 Work Program, presentations on
selected activities, and presentation and
signature of the 2011–2014 Plan of
Action. The entire meeting will be open
to the public and include public
question and answer sessions. The
Department of State invites interested
organizations and members of the
public to submit written comments or
suggestions regarding items to include
on the agenda and to attend the meeting.
In preparing comments, we encourage
submitters to refer to the following
documents:
• U.S.-Oman Memorandum of
Understanding on Environmental
Cooperation,
• 2006–2008 Work Program Pursuant
to the U.S.-Oman Memorandum of
Understanding on Environmental
Cooperation,
• Chapter 17 of the U.S.-Oman Free
Trade Agreement,
• Final Environmental Review of the
U.S.-Oman Free Trade Agreement.
These documents are available at:
https://www.state.gov/g/oes/env/trade/
oman/index.htm.
DATES: The U.S. and Oman will hold the
Joint Forum meeting on January 9, 2011,
in Muscat, Oman. If you are interested
SUMMARY:
E:\FR\FM\15DEN1.SGM
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Agencies
[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Notices]
[Pages 78336-78338]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31502]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
Bureau of Western Hemisphere Affairs
[Public Notice 7269]
Finding of No Significant Impact From the Expansion, Renovation,
Operation and Maintenance of the Nogales Mariposa Commercial and
Pedestrian Border Crossing
AGENCY: Department of State.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of State is publishing a Finding of No
Significant Impact (FONSI) for the proposed expansion, renovation,
operation and maintenance of the Nogales Mariposa Commercial and
Pedestrian Border Crossing between Nogales, Arizona and Nogales,
Sonora, Mexico.
FOR FURTHER INFORMATION CONTACT: Mr. Stewart Tuttle, Coordinator of
Border Affairs, Office of Mexican Affairs, Bureau of Western Hemisphere
Affairs. U.S. Department of State, 2201 C Street, NW., Washington, DC
20520, phone 202-647-6356, or e-mail: Tuttlesd@state.gov. General
information about Presidential Permits is available on the Internet at
https://www.state.gov/p/wha/rt/permit/.
SUPPLEMENTARY INFORMATION: The following represents the text of the
State Department-approved FONSI--The General Services Administration
(``GSA'') has submitted an application for a Presidential permit to
expand, renovate, operate and maintain the Nogales Mariposa Commercial
and Pedestrian Border Crossing between Nogales, Arizona and Nogales,
Sonora, Mexico. The Department of State (the ``Department'') has
determined that under Executive Order 11423, as amended, a Presidential
permit is required for the proposed alteration of the existing border
crossing since it would involve a significant modification in a
piercing of the United States-Mexico border. See 75 FR 14487 (March 25,
2010).
The Nogales Land Port of Entry (LPOE) was constructed in 1973 and
is located at the U.S.-Mexico border between the City of Nogales,
Arizona and the City of Nogales, Sonora, Mexico, approximately 65 miles
south of Tucson, Arizona. The LPOE is a full-service facility
inspecting primarily commercial vehicles, but also personally-owned
vehicles and pedestrians entering the U.S. from Mexico. Today the LPOE
is one of the ten busiest cargo ports along the entire U.S.-Mexico
border. As a result of the North American Free Trade Agreement (NAFTA),
the LPOE serves as the primary commercial truck route between the U.S.
and Mexico in the Nogales area and is a linchpin in the international
trade infrastructure between the U.S., Mexico and Canada.
GSA has sought a Presidential permit because of the need for an
upgrade to the current LPOE facilities necessitated by the increased
trade volume between the U.S. and Mexico brought about by NAFTA.
Pedestrian crossings have tripled since 2002 and are expected to
increase nearly 200 percent by 2025. Bus traffic at the LPOE doubled
between 2002 and 2006. Currently, the LPOE processes approximately
1,000 commercial vehicles per day. This figure is expected to increase
to 1,730 per day by 2030. The current LPOE infrastructure does not
conform to GSA's current guidelines governing layout, minimum vehicle
clearances, pedestrian and employee safety and national security. Due
to its outdated equipment and inefficient traffic circulation, the
existing LPOE configuration will not be able to handle the predicted
increases in traffic volume. Congress in the Reinvestment and Recovery
Act of 2009 provided $199 million to upgrade current facilities and
completion of this upgrade is a priority project for both GSA and the
Bureau of Customs and Border Protection (CBP) of the Department of
Homeland Security (DHS).
The General Services Administration (GSA) published an
Environmental Assessment (EA) for the proposed expansion, renovation,
operation and maintenance of the Nogales Mariposa Commercial and
Pedestrian Border Crossing between Nogales, Arizona and Nogales,
Sonora, Mexico on June, 12, 2009. Based on that EA, GSA then also
issued its own FONSI on August 7, 2009 concluded that the Nogales
project is not a major federal action significantly affecting the
quality of the human environment that would require an environmental
impact statement and gave public notice of its finding of no
significant impact (FONSI) on June 24,
[[Page 78337]]
2009. 74 Fed. Reg. 30090. In response to comments from both the
Department of State and the Council on Environmental Quality (CEQ), GSA
had prepared a revised EA published on June 29, 2010, which it
furnished the State Department as part of its application. The State
Department staff has reviewed that document and concluded that all of
State's comments and suggestions have been satisfied. Therefore, based
on the findings and mitigation measure set forth below, we recommend
that you adopt the revised EA (which is hereby incorporated by
reference) and conclude that project described in the revised EA is not
a federal action significantly affecting the quality of the human
environment and that an Environmental Impact statement is not required.
The State Department has determined that based upon these
documents, all procedural requirements have been met and granting the
Presidential permit for this border crossing is not a federal action
significantly affecting the quality of the human environment.
Therefore, no Environmental Impact Statement will be prepared.
Findings
1. The General Services Administration has previously published in
the Federal Register (74 FR 30090FR 74, No. 120, Doc E9-14781, June 24,
2009) its determination that expansion, renovation, operation and
maintenance of the Nogales Mariposa Commercial and Pedestrian Border
Crossing between Nogales, Arizona and Nogales, Sonora, Mexico will not
significantly affect the quality of the human environment.
2. All NEPA procedural requirements have been met, including a 30-
day public notice period and coordination with federal, state, and
local government agencies, as well as with Native Americans tribes.
3. The environmental commitments (mitigation measures) set forth
below will offset any negative impacts identified by the in the revised
GSA or updated EA (referenced above).
4. No disputes or controversies have arisen regarding the accuracy
or presentation of environmental effects, as documented in the revised
GSA or updated EA.
5. The Proposed Action would have no impact on historic properties.
Pursuant to Section 106 of the National Historic Preservation Act, GSA
consulted with the Arizona State Historic Preservation Office, the
Tohono O'odham Nation, and the Hopi Tribe. The Arizona State Historic
Preservation Office and the Hopi Tribe concurred with this finding in
letters which are attached to the revised EA available on the GSA
website.
6. Pursuant to Section 7 of the Endangered Species Act (ESA), GSA,
as the lead federal agency, determined that the Proposed Action would
not affect any proposed or designated critical habitat, and the
Department concurs with this decision that implementation of the
project will not adversely affect any threatened or endangered species.
7. All soil disturbance and shrub removal will be minimized during
relocation.
8. Implementation of this action will have no adverse impact on any
Indian Trust Assets.
9. Implementation of this action will not violate federal, state,
or local law.
Mitigation Measures
The following mitigation and monitoring measures will be
implemented to ensure that the action will not have not have a
significant impact on the quality of the human environment:
Upon completion of the Arizona Department of
Transportation small area transportation study, the GSA will reevaluate
the impacts of the preferred alternative on local and regional traffic
and provide the Department with supporting information for the Regional
Transportation Plan.
During final design, GSA will develop traffic control and
trailblazing plans to warn drivers and pedestrians of the construction
activities and ensure safe travel through the area.
During final design, GSA will develop construction
sequencing plans ensure smooth border operations and maintain
pedestrian, commercial, and non-commercial traffic flow.
The contractor shall stabilize open storage piles and
disturbed areas by covering and/or applying water or chemical/organic
dust palliative where appropriate. This applies to both inactive and
active sites, during workdays, weekends, holidays, and windy
conditions.
The contractor shall install wind fencing and phase
grading operations where appropriate, and operate water trucks for
stabilization of surfaces under windy conditions.
When hauling material and operating non-earthmoving
equipment, the contractor shall prevent spillage and limit speeds to 15
mph.
The contractor shall limit the speed of earth-moving
equipment to 10 mph.
The contractor shall reduce use, trips and unnecessary
idling from heavy equipment.
The contractor shall maintain and tune vehicle engines per
manufacturer's specifications to perform at EPA certification levels
and to perform at verified standards applicable to retrofit
technologies.
The contractor shall employ periodic, unscheduled
inspections to limit unnecessary idling and to ensure that construction
equipment is properly maintained, tuned, and modified consistent with
established specifications.
The contractor shall prohibit any tampering with engines
and require continuing adherence to manufacturer's recommendations.
The contractor shall, if practicable, lease newer and
cleaner equipment meeting the most stringent of applicable federal or
state Standards.
The contractor shall utilize equipment that has EPA-
registered particulate traps and other appropriate controls where
suitable to reduce emissions of diesel particulate matter and other
pollutants at the construction site.
The contractor shall prepare an inventory of all equipment
prior to construction and identify the suitability of add-on emission
controls for each piece of equipment before groundbreaking. The
suitability of control devices is based on: Whether there is reduced
normal availability of the construction equipment due to increased
downtime and/or power output, whether there may be significant damage
caused to the construction equipment engine, or whether there may be a
significant risk to nearby workers or the public.
The contractor shall utilize the cleanest available fuel
engines in construction equipment and identify opportunities for
electrification.
The contractor shall use low sulfur fuel (diesel with 15
parts per million or less) in engines where alternative fuels such as
biodiesel and natural gas are not possible.
The contractor shall develop a construction-traffic and
parking management plan that minimizes traffic interference and
maintains traffic flow.
The contractor shall not disturb any of the drainages
surrounding the project a until a determination has been made by the
U.S. Army Corps of Engineers that the project may proceed under a
Nationwide Permit and an individual Water Quality Certification from
the ADEQ has been obtained. Additionally, an individual Water Quality
Certification would be obtained from the Arizona Department of
Environmental Quality.
GSA shall submit a preliminary set of plans, a hydrology/
hydraulics report, and a CLOMR for the project to the
[[Page 78338]]
Santa Cruz County Flood Control District prior to final design and
construction.
GSA shall submit preliminary set of plans, a hydrology/
hydraulics report, and a CLOMR for the project will be submitted to the
EPA for comment prior to final design and construction.
Since the Proposed Action would involve demolition of
existing structures, GSA shall engage an Asbestos Hazard Emergency
Response Act certified inspector to inspect all structures to be
demolished. If Regulated Asbestos Containing Material is present in the
structures, GSA shall develop a work plan to remove, transport, and
dispose of these materials.
At least 10 days prior to demolition of any structure GSA
shall provide the ADEQ National Emission Standard Hazardous Air
Pollutant coordinator with a National Emission Standard Hazardous Air
Pollutant notification form for each structure to be demolished.
GSA shall notify the Santa Cruz County Flood Control
District and the Arizona Department of Water Resources prior to
undertaking any work that would disturb the rainfall and stream level
gauges on the upstream headwall of the culverts on Ephraim Canyon/Las
Canoas Wash. In accordance with NEPA (42 U.S.C. 4321 et seq.), the
regulations of the Council on Environmental Quality (40 CFR 1500-1508),
and the Department's implementing regulations (22 CFR part 161, and in
particular 22 CFR 161.7(c)) and based on the findings and mitigation
measures above, the Department of State finds that the project
described in the attached Revised GSA EA is not a federal action
significantly affecting the quality of the human environment.
Therefore, no Environmental Impact statement will be prepared.
Dated: December 10, 2010.
Edward Alexander Lee,
Director, Office of Mexican Affairs, Department of State.
[FR Doc. 2010-31502 Filed 12-14-10; 8:45 am]
BILLING CODE 4710-29-P