Issuance of a Presidential Permit for a Border Crossing Called “San Ysidro” at the International Boundary Between the United States and Mexico, 29812-29814 [2011-12619]
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srobinson on DSK4SPTVN1PROD with NOTICES
29812
Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Notices
such a finding to the Associate
Commissioner of the Office of
International Programs. Under that
authority, the Associate Commissioner
of the Office of International Programs
has approved a finding that St. Vincent
and the Grenadines, beginning
December 1, 2009, has a social
insurance system of general application
which:
(a) Pays periodic benefits, or the
actuarial equivalent thereof, on account
of old age, retirement, or death; and
(b) Permits United States citizens who
are not citizens of St. Vincent and the
Grenadines to receive such benefits, or
their actuarial equivalent, at the full rate
without qualification or restriction
while outside St. Vincent and the
Grenadines.
Accordingly, it is hereby determined
and found that St. Vincent and the
Grenadines has in effect, beginning
December 1, 2009, a social insurance
system which meets the requirements of
section 202(t)(2) of the Social Security
Act (42 U.S.C. 402(t)(2).
St. Vincent and the Grenadines
became an independent nation on
October 27, 1979. At that time, it was
determined that St. Vincent and the
Grenadines did not have a pension
system that met the requirements of
section 202(t)(2) of the Social Security
Act. The country’s provident system did
not provide for the payment of periodic
benefits as required under section
202(t)(2)(A). Notice appeared in the
Federal Register on March 12, 1982.
Based on the 1981 determination of
record, citizens of St. Vincent and the
Grenadines cannot meet the exception
provided under section 202(t)(2) of the
Social Security Act. However, they have
been afforded the limited exceptions
provided under section 202(t)(4) of the
Act.
In 1986, St. Vincent and the
Grenadines instituted a social insurance
system that became operational in 1987.
The system provides old-age, disability,
and survivor’s benefits, as well as other
types of social insurance. Information
recently obtained from St. Vincent and
the Grenadines’ National Insurance
Institute contains detailed information
on the country’s social insurance system
and the coverage of its labor force. This
information required a new
determination under the section
202(t)(2) provisions.
FOR FURTHER INFORMATION CONTACT:
Donna Powers, 3700 Robert Ball
Building, 6401 Security Boulevard,
Baltimore, MD 21235–6401, (410) 965–
3558.
Disability Insurance; 96.002 Social
Security—Retirement Insurance; 96.004
Social Security—Survivors Insurance)
DEPARTMENT OF STATE
Diane K. Braunstein,
Associate Commissioner, Office of
International Programs.
In the Matter of the Designation of
Army of Islam, aka Jaish al-Islam, aka
Jaysh al-Islam, as a Foreign Terrorist
Organization Pursuant to Section 219
of the Immigration and Nationality Act,
as Amended
[FR Doc. 2011–12596 Filed 5–20–11; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF STATE
[Public Notice 7463]
In the Matter of the Designation of
Army of Islam, aka Jaish al-Islam, aka
Jaysh al-Islam; as a Specially
Designated Global Terrorist Pursuant
to Section 1(b) of Executive Order
13224, as Amended
Acting under the authority of and in
accordance with section 1(b) of
Executive Order 13224 of September 23,
2001, as amended by Executive Order
13268 of July 2, 2002, and Executive
Order 13284 of January 23, 2003, I
hereby determine that the organization
known as Army of Islam, also known as
Jaish al-Islam, also known as Jaysh alIslam, has committed, or poses a
significant risk of committing, acts of
terrorism that threaten the security of
U.S. nationals or the national security,
foreign policy, or economy of the United
States.
Consistent with the determination in
section 10 of Executive Order 13224 that
‘‘prior notice to persons determined to
be subject to the Order who might have
a constitutional presence in the United
States would render ineffectual the
blocking and other measures authorized
in the Order because of the ability to
transfer funds instantaneously,’’ I
determine that no prior notice needs to
be provided to any person subject to this
determination who might have a
constitutional presence in the United
States, because to do so would render
ineffectual the measures authorized in
the Order.
This notice shall be published in the
Federal Register.
Dated: May 9, 2011.
Hillary Rodham Clinton,
Secretary of State, Department of State.
[FR Doc. 2011–12618 Filed 5–20–11; 8:45 am]
BILLING CODE 4710–10–P
(Catalog of Federal Domestic Assistance:
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[Public Notice 7464]
Based upon a review of the
Administrative Record assembled in
this matter, and in consultation with the
Attorney General and the Secretary of
the Treasury, I conclude that there is a
sufficient factual basis to find that the
relevant circumstances described in
section 219 of the Immigration and
Nationality Act, as amended (hereinafter
‘‘INA’’) (8 U.S.C. 1189), exist with
respect to Army of Islam, also known as
Jaish al-Islam, also known as Jaysh alIslam.
Therefore, I hereby designate the
aforementioned organization and its
aliases as a Foreign Terrorist
Organization pursuant to section 219 of
the INA.
This determination shall be published
in the Federal Register.
Dated: May 9, 2011.
Hillary Rodham Clinton,
Secretary of State.
[FR Doc. 2011–12614 Filed 5–20–11; 8:45 am]
BILLING CODE 4710–10–P
DEPARTMENT OF STATE
[Public Notice: 7461]
Issuance of a Presidential Permit for a
Border Crossing Called ‘‘San Ysidro’’ at
the International Boundary Between
the United States and Mexico
The Department of State
issued a Presidential permit to the
General Services Administration on
May 2, 2011, authorizing that agency to
expand, renovate, and maintain the
commercial and pedestrian border
crossing called ‘‘San Ysidro’’ in San
Diego, California, 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 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
SUMMARY:
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srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Notices
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 vehicle and pedestrian land border
crossing (hereinafter referred to as ‘‘San
Ysidro’’), in San Diego, CA.
*
*
*
*
*
The term ‘‘facilities’’ as used in this
permit means the facilities to be
constructed and/or renovated at the San
Ysidro border crossing in San Diego,
California, consisting of the following
improvements and structures:
• Inspection and X–Ray Facilities
• Main Administrative Building
• A new Auto Inspection building
• Entry and Exit Control Booths
• Southbound Inspection Facilities
• Roadways and related
Infrastructure, Pathways, Parking Lots,
and related Lots
• Landscaping
• Ancillary Support Facilities
• Non-commercial Inspection
facilities and lanes
• Pedestrian Crossings
• Pedestrian Inspection facilities
• Related Improvements and
Infrastructure
• Renovation or expansion of the
Historic Customs House
• Modifications of the U.S. Border
Fence
These facilities are the subject of a
Final Environmental Impact Statement
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(FEIS), which was completed by GSA in
August 2009 (https://www.gsa.gov/
NEPA_Library), and a Record of
Decision by the Acting Regional
Administrator, GSA Region 9, dated
September 9, 2009, selecting a preferred
alternative, specifying certain
avoidance, minimization and mitigation
measures and adopting a mitigation
monitoring and enforcement program.
EPA published a notice of availability of
the FEIS in the Federal Register (74 FR
39697, August 7, 2009).
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 San Ysidro 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 San
Ysidro 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 San Ysidro 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.
Article 5. This Article applies to
transfer of the facilities or any part
thereof as an operating land border
crossing. The permittee shall
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29813
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 avoidance,
minimization and mitigation measures
and the mitigation monitoring and
enforcement program adopted by the
permittee in the Record of Decision
issued in connection with the Final
Environmental Impact Statement.
(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 file any
applicable statements and reports that
might be required by applicable federal
law in connection with this project.
Article 9. The permittee shall not
issue 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
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Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Notices
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 10. This permit is not intended
to, and does not, create any right,
benefit, or trust responsibility,
substantive or procedural, enforceable at
law or in equity, by any party against
the United States, its departments,
agencies, instrumentalities or entities,
its officers or employees, in their
individual or official capacities, or any
other person.
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 April
15, 2011, in the City of Washington,
District of Columbia.
End Permit text.
Dated: May 16, 2011.
Alex Lee,
Director, Office of Mexican Affairs,
Department of State.
[FR Doc. 2011–12619 Filed 5–20–11; 8:45 am]
BILLING CODE 4710–29–P
Department of State
[Public Notice: 7465]
Statutory Debarment and
Reinstatement of BAE Systems plc
Bureau of Political-Military Affairs;
Statutory Debarment and
Reinstatement of BAE Systems plc and
Policy of Denial Concerning Certain
Non-U.S. Subsidiaries Under the Arms
Export Control Act and the
International Traffic in Arms
Regulations
ACTION:
Notice.
Notice is hereby given that
the Department of State, acting pursuant
to section 127.7(c) of the International
Traffic in Arms Regulations (‘‘ITAR’’) (22
CFR Parts 120–130), imposed a statutory
debarment on BAE Systems plc
(‘‘BAES’’) as a result of its conviction of
conspiracy (18 U.S.C. 371) to violate
certain provisions of U.S. law, including
section 38 of the Arms Export Control
Act, as amended, (‘‘AECA’’) (22 U.S.C.
2778) and at the same time reinstated
BAES. Concurrently, pursuant to section
126.7 of the ITAR, the Department of
State is providing notice of a
presumption of denial (also referred to
as a policy of denial) regarding certain
of BAES’ non-U.S. subsidiaries because
of their substantial involvement in
activities related to the conviction.
srobinson on DSK4SPTVN1PROD with NOTICES
SUMMARY:
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These non-U.S. subsidiaries are: BAE
Systems CS&S International, Red
Diamond Trading Ltd., and Poseidon
Trading Investments Ltd.
DATES: Effective Date(s): May 16, 2011.
FOR FURTHER INFORMATION CONTACT:
Office of Defense Trade Controls
Compliance, Bureau of Political-Military
Affairs, Department of State (202) 632–
2798.
SUPPLEMENTARY INFORMATION: Section
38(g)(4) of the AECA, 22 U.S.C.
2778(g)(4), prohibits the Department of
State from issuing licenses or other
approvals for the export of defense
articles, including technical data, or
defense services where the applicant, or
any party to the export, has been
convicted of violating certain statutory
provisions, including provisions of the
AECA, and conspiracy (18 U.S.C. 371)
to violate the AECA. The statute permits
limited exceptions to be made on a caseby-case basis. In implementing this
provision, section 127.7(c) of the ITAR
provides for a ‘‘statutory debarment’’ of
any person who has been convicted of
violating or conspiring to violate the
AECA. Persons subject to a statutory
debarment are prohibited from
participating directly or indirectly in the
export of defense articles, including
technical data, or in the furnishing of
defense services for which a license or
other approval is required. Statutory
debarment is based solely upon
conviction in a criminal proceeding,
conducted by a court of the United
States, and as such the administrative
debarment procedures outlined in Part
128 of the ITAR are not applicable.
On March 2, 2010, the United States
District Court in the District of
Columbia, filed judgment against BAES
for conspiracy to violate, inter alia, the
AECA and the ITAR, in violation of
section 38 of the AECA and parts 127
and 130 of the ITAR. Notice is hereby
given that, pursuant to section 38(g)(4)
of the AECA and section 127.7(c) of the
ITAR, BAES, headquartered in
Farnborough, England, in the United
Kingdom of Great Britain and Northern
Ireland, was statutorily debarred on May
16, 2011, but that in accordance with
section 38(g)(4) of the AECA and section
127.7 of the ITAR, and in conjunction
with a Consent Agreement between the
Department and BAES, the statutory
debarment was concurrently rescinded.
Ineligible status and statutory
debarment may be terminated after
consultation with other appropriate U.S.
agencies, after a thorough review of the
circumstances surrounding the
conviction, and a finding that
appropriate steps have been taken to
mitigate any law enforcement concerns.
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The Department of State reviewed the
circumstances and consulted with other
appropriate U.S. agencies, and
determined that BAES took appropriate
steps to address the causes of the
violations and to mitigate any law
enforcement concerns.
Further notice is hereby given that the
Department of State, pursuant to section
38 of the AECA and section 126.7 of the
ITAR, imposed on May 16, 2011 a
policy of denial on the following BAES’
non-U.S. subsidiaries: BAE Systems
CS&S International, Red Diamond
Trading Ltd., and Poseidon Trading
Investments Ltd., including their
divisions and business units, and
successor entities. This means that there
will be an initial presumption of denial
for all applications for licenses and
other approvals involving these
subsidiaries unless upon case-by-case
review the Department determines that
it is in the foreign policy or national
security interests of the United States to
provide an approval. Section 126.7(a) of
the ITAR provides that any application
for an export license or other approval
under the ITAR may be disapproved,
and any license or other approval or
exemption granted may be revoked,
suspended, or amended without prior
notice, in part, whenever: (1) An
applicant or any party to the export or
the agreement has been convicted of
violating any of the U.S. criminal
statutes enumerated in section 120.27 of
the ITAR, which include the AECA; (2)
the Department of State believes that 22
U.S.C. 2778, any regulation contained in
the ITAR, or the terms of any U.S.
Government export authorization has
been violated by any party to the export
or other person having a significant
interest in the transaction; or, (3)
whenever the Department of State
deems such action to be in furtherance
of world peace, the national security or
the foreign policy of the United States,
or is otherwise advisable. All new
applications for licenses or other
approvals to which BAE Systems CS&S
International, Red Diamond Trading
Ltd., and Poseidon Trading Investments
Ltd., including their divisions and
business units, and successor entities
are a party will be reviewed consistent
with this presumption of denial.
Exceptions, also known as
‘‘transaction exceptions,’’ may be made
to the policy of denial on a case-by-case
basis. However, such a ‘‘transaction
exception’’ would be granted only after
a full review of all circumstances, and
paying particular attention to the
following factors: whether an exception
is warranted by overriding U.S. foreign
policy or national security interests;
whether an exception would further law
E:\FR\FM\23MYN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Notices]
[Pages 29812-29814]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12619]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice: 7461]
Issuance of a Presidential Permit for a Border Crossing Called
``San Ysidro'' 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 May 2, 2011, authorizing that agency
to expand, renovate, and maintain the commercial and pedestrian border
crossing called ``San Ysidro'' in San Diego, California, 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
[[Page 29813]]
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
vehicle and pedestrian land border crossing (hereinafter referred to as
``San Ysidro''), in San Diego, CA.
* * * * *
The term ``facilities'' as used in this permit means the facilities
to be constructed and/or renovated at the San Ysidro border crossing in
San Diego, California, consisting of the following improvements and
structures:
Inspection and X-Ray Facilities
Main Administrative Building
A new Auto Inspection building
Entry and Exit Control Booths
Southbound Inspection Facilities
Roadways and related Infrastructure, Pathways, Parking
Lots, and related Lots
Landscaping
Ancillary Support Facilities
Non-commercial Inspection facilities and lanes
Pedestrian Crossings
Pedestrian Inspection facilities
Related Improvements and Infrastructure
Renovation or expansion of the Historic Customs House
Modifications of the U.S. Border Fence
These facilities are the subject of a Final Environmental Impact
Statement (FEIS), which was completed by GSA in August 2009 (https://www.gsa.gov/NEPA_Library), and a Record of Decision by the Acting
Regional Administrator, GSA Region 9, dated September 9, 2009,
selecting a preferred alternative, specifying certain avoidance,
minimization and mitigation measures and adopting a mitigation
monitoring and enforcement program. EPA published a notice of
availability of the FEIS in the Federal Register (74 FR 39697, August
7, 2009).
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 San
Ysidro 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 San Ysidro 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 San Ysidro 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.
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 avoidance, minimization and mitigation measures
and the mitigation monitoring and enforcement program adopted by the
permittee in the Record of Decision issued in connection with the Final
Environmental Impact Statement.
(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 file any applicable statements and
reports that might be required by applicable federal law in connection
with this project.
Article 9. The permittee shall not issue 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
[[Page 29814]]
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 10. This permit is not intended to, and does not, create
any right, benefit, or trust responsibility, substantive or procedural,
enforceable at law or in equity, by any party against the United
States, its departments, agencies, instrumentalities or entities, its
officers or employees, in their individual or official capacities, or
any other person.
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 April 15, 2011, in the City of
Washington, District of Columbia.
End Permit text.
Dated: May 16, 2011.
Alex Lee,
Director, Office of Mexican Affairs, Department of State.
[FR Doc. 2011-12619 Filed 5-20-11; 8:45 am]
BILLING CODE 4710-29-P
