Issuance of a Presidential Permit Authorizing the Expansion, Renovation, Operation, and Maintenance of the Commercial and Pedestrian Border Crossing Called “Nogales-Mariposa” in the Vicinity of Nogales, AZ, at the International Boundary Between the United States and Mexico, 8395-8396 [2011-3253]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 76, Number 30 (Monday, February 14, 2011)]
[Notices]
[Pages 8395-8396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3253]


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DEPARTMENT OF STATE

[Public Notice: 7334]


Issuance of a Presidential Permit Authorizing the Expansion, 
Renovation, Operation, and Maintenance of the Commercial and Pedestrian 
Border Crossing Called ``Nogales-Mariposa'' in the Vicinity of Nogales, 
AZ, at the International Boundary Between the United States and Mexico

SUMMARY: The Department of State issued a Presidential permit to the 
General Services Administration on January 18, 2011, authorizing that 
agency to expand, renovate, operate, and maintain the commercial and 
pedestrian border crossing called ``Nogales-Mariposa'' in the vicinity 
of Nogales, Arizona, at the International Boundary between the United 
States and Mexico. In making this determination, the Department 
complied with the procedures required under 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 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 number 
118-2 of January 26, 2006; having considered the environmental effects 
of the proposed action consistent with the National Environmental 
Policy Act of 1969, as amended (83 Stat. 852, 42 U.S.C. 4321 et seq.) 
and other statutes relating to environmental concerns; having 
considered the proposed action consistent with the National Historic 
Preservation Act of 1966, as amended (80 Stat. 917, 16 U.S.C. 470f et 
seq.); and having requested and received the views of various of the 
federal departments and other interested persons; I hereby grant 
permission, subject to the conditions herein set forth, to the United 
States General Services Administration (GSA) (hereinafter referred to 
as the ``permittee''), to expand, renovate, operate and maintain a 
commercial and pedestrian land border crossing (hereinafter referred to 
as ``Nogales-Mariposa''), in Nogales, AZ.
* * * * *
    The term ``facilities'' as used in this permit means the facilities 
to be constructed at the Nogales-Mariposa border crossing near Nogales, 
Arizona, consisting of the following improvements and structures:
     Inspection and X-Ray Facilities
     Containment Areas and Docks
     Commercial Inspection Building with Import and Export 
Docks
     Export Inspection
     Main Administrative Building
     Entry and Exit Control Booths
     Roadways and related Infrastructure, Pathways, Parking 
Lots, and related Lots
     Landscaping
     Ancillary Support Facilities
     Commercial Cargo lanes
     Non-commercial Inspection facilities and lanes
     Pedestrian Crossing
     Pedestrian inspection facilities
     Related Improvements and Infrastructure
    These facilities are the subject of a Finding Of No Significant 
Impact approved by the State Department Director of the Office of 
Mexican Affairs, Edward Alexander Lee on December 10, 2010. 75 FR 78336 
(December 15, 2010).
    This permit is subject to the following conditions:
    Article 1. The facilities herein described, and all aspects of 
their operation, shall be subject to all the conditions, provisions and 
requirements of this permit and any amendment thereof. This permit may 
be terminated upon a determination of the Executive Branch that the 
Nogales-Mariposa border crossing shall be closed. This permit may be 
amended by the Secretary of State or the Secretary's delegate in 
consultation with the permittee and, as appropriate, other Executive 
Branch agencies; the permittee's obligation to implement such an 
amendment is subject to the availability of funds. The permittee shall 
make no substantial change in the location of the facilities or in the 
operation authorized by this permit until such changes have been 
approved by the Secretary of State or the Secretary's delegate.
    Article 2. The permittee shall comply with all applicable federal 
laws and regulations regarding the construction, operation and 
maintenance of the facilities. Further, the permittee shall comply with 
nationally recognized codes to the extent required under 40 U.S.C. 
3312(b). The permittee shall cooperate with state and local officials 
to the extent required under 40 U.S.C. 3312(d).
    Article 3. In the event that the Nogales-Mariposa Port of Entry is 
permanently closed and is no longer used as an international crossing, 
this permit shall terminate and the permittee may manage, utilize, or 
dispose of the facilities in accordance with its statutory authorities.
    Article 4. The permittee is a federal agency that is responsible 
for managing and operating the Nogales-Mariposa Port of Entry, as 
authorized by applicable federal laws and regulations. This permit 
shall continue in full force and effect for only so long as the 
permittee shall continue the operations hereby authorized.

[[Page 8396]]

    Article 5. This Article applies to transfer of the facilities or 
any part thereof as an operating land border crossing. The permittee 
shall immediately notify the United States Department of State of any 
decision to transfer custody and control of the facilities or any part 
thereof to any other any agency or department of the United States 
Government. Said notice shall identify the transferee agency or 
department and seek the approval of the United States Department of 
State for the transfer of the permit. In the event of approval by the 
Department of State of such transfer of custody and control to another 
agency or department of the United States Government, the permit shall 
remain in force and effect, and the facilities shall be subject to all 
the conditions, permissions and requirements of this permit and any 
amendments thereof. The permittee may transfer ownership or control of 
the facilities to a non-federal entity or individual only upon the 
prior express approval of such transfer by the United States Department 
of State, which approval may include such conditions, permissions and 
requirements that the Department of State, in its discretion, 
determines are appropriate and necessary for inclusion in the permit, 
to be effective on the date of transfer.
    Article 6. (1) The permittee or its agent shall acquire such right-
of-way grants or easements and permits as may become necessary and 
appropriate.
    (2) The permittee shall maintain the facilities and every part 
thereof.
    Article 7. (1) The permittee shall take or cause to be taken all 
appropriate measures to prevent or mitigate adverse environmental 
impacts or disruption of significant archeological resources in 
connection with the construction, operation and maintenance of the 
facilities, including those mitigation measures adopted by the 
permittee in connection with issuance of the FONSI.
    (2) Before issuing the notice to proceed for construction, the 
permittee shall obtain the concurrence of the U.S. Section of the 
International Boundary and Water Commission.
    Article 8. The permittee shall comply with all agreed actions and 
obligations set forth in the FONSI.
    Article 9. The permittee shall file any applicable statements and 
reports that might be required by applicable federal law in connection 
with this project.
    Article 10. The permittee shall not issue a notice to proceed for 
construction work until the Department of State has provided 
notification to the permittee that the Department has completed its 
exchange of diplomatic notes with the Government of Mexico regarding 
authorization of construction. 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 for more than ninety days or 
discontinued.
    Article 11. This permit is not intended to, and does not, create 
any right, benefit, or trust responsibility, substantive or procedural, 
enforceable at law or in equity, by any party against the United 
States, its departments, agencies, instrumentalities or entities, its 
officers or employees, in their individual or official capacities, or 
any other person.
    In Witness Whereof, I, Robert D. Hormats, Under Secretary of State 
for Economic, Energy, and Agricultural Affairs of the United States, 
have hereunto set my hand this day of January 3, 2011, in the City of 
Washington, District of Columbia.
    End Permit text.

    Dated: February 8, 2011.
Alex Lee,
Director, Office of Mexican Affairs, Department of State.
[FR Doc. 2011-3253 Filed 2-11-11; 8:45 am]
BILLING CODE 4710-29-P