Issuance of a Presidential Permit Authorizing the State of Michigan to Construct, Connect, Operate, and Maintain at the Border of the United States a Bridge Linking Detroit, Michigan, and Windsor, Ontario, 23327-23329 [2013-09138]
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Federal Register / Vol. 78, No. 75 / Thursday, April 18, 2013 / Notices
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
IV. Solicitation of Comments
2013–20 and should be submitted on or
before May 9, 2013.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.27
Elizabeth M. Murphy,
Secretary.
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
[FR Doc. 2013–09098 Filed 4–17–13; 8:45 am]
Electronic Comments
Issuance of a Presidential Permit
Authorizing the State of Michigan to
Construct, Connect, Operate, and
Maintain at the Border of the United
States a Bridge Linking Detroit,
Michigan, and Windsor, Ontario
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–BOX–2013–20 on the
subject line.
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Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–BOX–2013–20. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–BOX–
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DEPARTMENT OF STATE
[Public Notice 8278]
The Department of State
issued a Presidential Permit to the State
of Michigan on April 11, 2013,
authorizing the permitee to construct,
connect, operate and maintain at the
border of the United States a bridge
linking Detroit, Michigan and Windsor,
Ontario. In making this determination,
the Department provided public notice
of the proposed amendment (77 FR
7951, July 11, 2012), offered the
opportunity for comment and consulted
with other federal agencies, as required
by Executive Order 11423, as amended.
FOR FURTHER INFORMATION CONTACT: Josh
Rubin, Canada Border Affairs Officer,
via email at WHACanInternal@state.gov,
by phone at 202 647–2256 or by mail at
Office of Canadian Affairs—Room 1329,
Department of State, 2201 C St., NW.,
Washington, DC 20520. Information
about Presidential permits is available
on the Internet at https://www.state.gov/
p/wha/rt/permit/.
SUPPLEMENTARY INFORMATION: The
following is the text of the issued
permit:
By virtue of the authority vested in
me as Under Secretary of State for
Economic Growth, Energy, and the
Environment, 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 consistent with the National
Environmental Policy Act of 1969 (83
Stat. 852; 42 U.S.C. 4321 et seq.) and
other statutes relating to environmental
SUMMARY:
27 17
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CFR 200.30–3(a)(12).
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23327
concerns; having considered the
proposed action consistent with the
National Historic Preservation Act (80
Stat. 917, 16 U.S.C. 470f et seq.); and
having requested and received the views
of various of the federal departments
and other interested persons; I hereby
grant permission, subject to the
conditions herein set forth, to the State
of Michigan (hereinafter referred to as
‘‘permittee ’’) to construct, connect,
operate, and maintain a new
international bridge (the New
International Trade Crossing) between
Detroit, Michigan, and Windsor,
Ontario, Canada.
The term ‘‘facilities’’ as used in this
permit means the bridge and any land,
structure, or installations appurtenant
thereto, at the location set forth in the
Preferred Alternative in the ‘‘Detroit
River International Crossing (DRIC),
Wayne County, Michigan, Final
Environmental Impact Statement and
Final Section 4(f) Evaluation’’ by the
U.S. Department of Transportation,
Federal Highway Administration and
Michigan Department of Transportation,
dated November 21, 2008, the Record of
Decision of the Federal Highway
Administration dated January 14, 2009,
and the application for a Presidential
permit submitted by the State of
Michigan dated June 18, 2012.
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. (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.
(2) The construction, operation and
maintenance of the United States
facilities shall be in all material respects
as described in the permitee’s June 18,
2012, application for a Presidential
Permit (the ‘‘Application’’).
Article 2. (1) 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,
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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.
(2) Prior to initiation of construction,
the permittee shall obtain the approval
of the United States Coast Guard (USCG)
in conformity with Section 5 of the
International Bridge Act of 1972 (33
U.S.C. 535c), 33 CFR 1.01–60 and
Department of Homeland Security
Delegation of Authority Number 0170.1.
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 all 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. If, in the future, it should
appear to the Secretaries of the Army or
Homeland Security (or either Secretary’s
delegate) or the United States Coast
Guard that any facilities or operations
permitted hereunder cause
unreasonable obstructions to the free
navigation of any of the navigable
waters of the United States, the
permittee may be required, upon notice
from the Secretary of the Army or the
Secretary of Homeland Security (or
either Secretary’s delegate) or the
United States Coast Guard, to remove or
alter such facilities as are owned by it
so as to render navigation through such
waters free and unobstructed.
Article 6. The construction,
connection, operation and maintenance
of the United States facilities hereunder
shall be subject to the limitations, terms,
and conditions issued by any competent
agency of the U.S. government,
including but not limited to the
Department of Homeland Security
(DHS) and the Department of
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Transportation (DOT). The permittee
shall continue the operations hereby
authorized in exact accordance with
such limitations, terms, and conditions.
Article 7. When, in the opinion of the
President of the United States, the
national security of the United States
demands it, due notice being given by
the Secretary of State or the Secretary’s
delegate, the United States shall have
the right to enter upon and take
possession of any of the United States
facilities or parts thereof; to retain
possession, management, or control
thereof for such length of time as may
appear to the President to be necessary;
and thereafter to restore possession and
control to the permittee. In the event
that the United States shall exercise
such right, it shall pay to the permittee
just and fair compensation for the use of
such United States facilities upon the
basis of a reasonable profit in normal
conditions, and the cost of restoring said
facilities to as good condition as existed
at the time of entering and taking over
the same, less the reasonable value of
any improvements that may have been
made by the United States.
Article 8. Any transfer of ownership
or control of the United States facilities
or any part thereof shall be immediately
notified in writing to the United States
Department of State, including the
submission of 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 9. (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 10. (1) The permittee shall
provide to the General Services
Administration (GSA), at no cost to the
federal government, a site that is
adequate and acceptable to GSA on
which to construct border station
facilities at the United States terminal of
the bridge. The permittee shall fully
comply with all National Environmental
Policy Act and National Historic
Preservation Act mitigation provisions
and stipulations for transfer of the site
to the GSA.
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(2) The permittee shall reach
agreement with U.S. Customs and
Border Protection (CBP) and other U.S.
Federal Inspection Agencies on the
provision of suitable facilities for
officers to perform their duties. Such
facilities shall meet the latest agency
design standards and operational
requirements including as necessary,
but not limited to, inspection and office
space, personnel parking and restrooms,
an access road, kennels, and other
operationally-required components.
Article 11. (1) The permittee shall take
all appropriate measures to prevent or
mitigate adverse environmental impacts
or disruption of significant
archeological resources in connection
with the construction, operation, and
maintenance of the United States
facilities, including those mitigation
measures set forth in the ‘‘Final
Environmental Impact Statement and
Final Section 4(f) Evaluation’’ by the
U.S. Department of Transportation,
Federal Highway Administration and
Michigan Department of Transportation,
dated November 21, 2008, the Record of
Decision of the Federal Highway
Administration dated January 14, 2009,
and any additional measures that may
be required as a result of any
reevaluation of the foregoing pursuant
to 23 CFR 771.129(b).
(2) The permittee shall not undertake
any change to the design of the bridge,
or any construction activity, that would
result in temporary or permanent
obstructions affecting the natural level
or flow of boundary waters before
obtaining written confirmation from the
Department of State that the
requirements of the 1909 Treaty
Between the United States and Great
Britain Relating to Boundary Waters,
and Questions Arising Between the
United States and Canada, have been
satisfied.
Article 12. The permittee shall file
with the appropriate agencies of the
United States Government such
statements or reports under oath with
respect to the United States facilities,
and/or permittee’s actions in connection
therewith, as are now or may hereafter
be required under any laws or
regulations of the U.S. government or its
agencies.
Article 13. The permittee shall not
begin construction until it has been
informed that the Government of the
United States and the Government of
Canada have exchanged diplomatic
notes confirming that both governments
authorize for the commencement of
such construction. The permittee shall
provide written notice to the
Department of State at such time as the
construction authorized by this permit
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Federal Register / Vol. 78, No. 75 / Thursday, April 18, 2013 / Notices
is begun, and again at such time as
construction is completed, interrupted,
or discontinued.
Article 14. The Agencies consulted
pursuant to Executive Order 11423, as
amended, were notified on March 27,
2013 of the determination of the Under
Secretary for Economic Growth, Energy,
and the Environment that issuance of
this permit would serve the national
interest. Pursuant to Executive Order
11423, as amended, this permit shall
issue on April 12, 2013 provided that
none of the Agencies so notified objects
before that date.
Article 15. This permit shall expire
ten (10) 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 Growth, Energy, and the
Environment, have hereunto set my
hand this 29 day of March 2013 in the
City of Washington, District of
Columbia. End Permit text.
Elizabeth L. Martinez,
Director, Office of Canadian Affairs, Bureau
of Western Hemisphere Affairs, U.S.
Department of State.
[FR Doc. 2013–09138 Filed 4–17–13; 8:45 am]
BILLING CODE 4710–29–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Aircraft Access to SWIM Working
Group Meeting
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Meeting Announcement: Thursday,
May 16, 2013, From 1:00 p.m. to 4:00
p.m. FAA Headquarters, 800
Independence Ave. SW., Washington
DC 20591, Bessie Coleman Room
(Second Floor).
Open Meeting
The Federal Aviation Administration
(FAA) invites federal employees,
aviation professionals and all others
interested in FAA NextGen technologies
to attend and participate in an Aircraft
Access to SWIM Working Group
Meeting scheduled for Thursday, May
16, 2013 from 1:00 p.m. to 4:00 p.m. in
the Bessie Coleman Room (Second
Floor) at the FAA Headquarters
Building in Washington DC To attend
and follow security procedures,
participants must register for the
meeting by sending an email to
corey.ctr.muller@faa.gov with the
following information: Name, Company,
Phone Number, U.S. Citizen (Y/N).
RSVPs to Corey Muller are required by
COB May 1, 2013.
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Aircraft Access to SWIM
DEPARTMENT OF TRANSPORTATION
The FAA’s Next Generation Air
Transportation System (NextGen)
program is a comprehensive
modernization of our National Airspace
System (NAS). It is intended to provide
new aviation capabilities for both users
and operators by improving aviation
safety, system capacity and throughput.
The FAA’s System Wide Information
Management (SWIM) program is one of
seven transformational programs of the
NextGen portfolio. SWIM is designed to
utilize a Service Oriented Architecture
(SOA) to exchange aviation data and
services without the restrictive, time
consuming and expensive process of
developing unique interfaces for the
multitude of systems and equipment
used by the NAS.
The Aircraft Access to SWIM (AAtS)
initiative is the airborne component of
the SWIM SOA. AAtS will allow aircraft
to exchange operational information
such as: weather, airport information,
and other services during all phases of
flight. This AAtS capability is
significant in that near real time NAS
data will now be available to support
strategic and tactical traffic management
and flight operations.
AAtS will provide aircraft with a
means to obtain a common collection of
aeronautical services provided from
multiple sources. These sources include
the FAA, DHS, NWS, and other
information sources to create a shared
aviation information environment. The
AAtS initiative will utilize commercial
air/ground network providers’
infrastructure to exchange data between
aircraft and the NAS ground facilities.
The FAA in collaboration with industry
users will define the set of operational
and technical requirements that will be
used to drive that infrastructure.
The AAtS initiative will facilitate
common situational awareness between
the aircraft flight crews and traffic
managers, which will result in better
decision making and more efficient NAS
operations. AAtS will work to ensure
safe, secure, dependable, and hassle-free
travel; while reducing energy use,
emissions and the impact of aviation on
the environment.
Federal Aviation Administration
Paul Fontaine,
Director, Advanced Concepts and Technology
Development, Federal Aviation
Administration.
[FR Doc. 2013–09137 Filed 4–17–13; 8:45 am]
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Notice of Release From Federal
Surplus Property and Grant Assurance
Obligations at Oroville Municipal
Airport (OVE), Oroville, California
Federal Aviation
Administration, DOT.
ACTION: Notice of request to release
airport land.
AGENCY:
The Federal Aviation
Administration (FAA) proposes to rule
and invites public comment on the
application for a release of
approximately 6.50 acres of airport
property at the Oroville Municipal
Airport (OVE), Oroville, California from
all conditions contained in the Surplus
Property Deed and Grant Assurances
because the parcel of land is not needed
for airport purposes. The land requested
to be released is located outside of the
airport fence along the southern
boundary of the airport. The release will
allow the City of Oroville (City) to sell
the property at its fair market value,
thereby benefiting the Airport and
serving the interest of civil aviation. The
City is also requesting a land-use change
for approximately 13.62 acres of land
adjacent to the 6.50 acres so it may be
leased at its fair market value for nonaeronautical purposes to earn revenue
for the airport. The proposed use will be
compatible with the airport and will not
interfere with the airport or its
operation.
SUMMARY:
Comments must be received on
or before May 20, 2013.
FOR FURTHER INFORMATION CONTACT:
Comments on the request may be mailed
or delivered to the FAA at the following
address: Robert Lee, Airports
Compliance Specialist, Federal Aviation
Administration, San Francisco Airports
District Office, Federal Register
Comment, 1000 Marina Boulevard,
Suite 220, Brisbane, CA 94005. In
addition, one copy of the comment
submitted to the FAA must be mailed or
delivered to Mr. Art da Rosa, Director of
Public Works, 1735 Montgomery Street,
Oroville, CA 95965–4897.
SUPPLEMENTARY INFORMATION: In
accordance with the Wendell H. Ford
Aviation Investment and Reform Act for
the 21st Century (AIR 21), Public Law
106–181 (Apr. 5, 2000; 114 Stat. 61),
this notice must be published in the
Federal Register 30 days before the
Secretary may waive any condition
imposed on a federally obligated airport
by surplus property conveyance deeds
or grant agreements.
DATES:
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]]>Agencies
[Federal Register Volume 78, Number 75 (Thursday, April 18, 2013)]
[Notices]
[Pages 23327-23329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09138]
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DEPARTMENT OF STATE
[Public Notice 8278]
Issuance of a Presidential Permit Authorizing the State of
Michigan to Construct, Connect, Operate, and Maintain at the Border of
the United States a Bridge Linking Detroit, Michigan, and Windsor,
Ontario
SUMMARY: The Department of State issued a Presidential Permit to the
State of Michigan on April 11, 2013, authorizing the permitee to
construct, connect, operate and maintain at the border of the United
States a bridge linking Detroit, Michigan and Windsor, Ontario. In
making this determination, the Department provided public notice of the
proposed amendment (77 FR 7951, July 11, 2012), offered the opportunity
for comment and consulted with other federal agencies, as required by
Executive Order 11423, as amended.
FOR FURTHER INFORMATION CONTACT: Josh Rubin, Canada Border Affairs
Officer, via email at WHACanInternal@state.gov, by phone at 202 647-
2256 or by mail at Office of Canadian Affairs--Room 1329, Department of
State, 2201 C St., NW., Washington, DC 20520. Information about
Presidential permits is available on the Internet at https://www.state.gov/p/wha/rt/permit/.
SUPPLEMENTARY INFORMATION: The following is the text of the issued
permit:
By virtue of the authority vested in me as Under Secretary of State
for Economic Growth, Energy, and the Environment, 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 consistent 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 consistent with the National Historic
Preservation Act (80 Stat. 917, 16 U.S.C. 470f et seq.); and having
requested and received the views of various of the federal departments
and other interested persons; I hereby grant permission, subject to the
conditions herein set forth, to the State of Michigan (hereinafter
referred to as ``permittee '') to construct, connect, operate, and
maintain a new international bridge (the New International Trade
Crossing) between Detroit, Michigan, and Windsor, Ontario, Canada.
The term ``facilities'' as used in this permit means the bridge and
any land, structure, or installations appurtenant thereto, at the
location set forth in the Preferred Alternative in the ``Detroit River
International Crossing (DRIC), Wayne County, Michigan, Final
Environmental Impact Statement and Final Section 4(f) Evaluation'' by
the U.S. Department of Transportation, Federal Highway Administration
and Michigan Department of Transportation, dated November 21, 2008, the
Record of Decision of the Federal Highway Administration dated January
14, 2009, and the application for a Presidential permit submitted by
the State of Michigan dated June 18, 2012.
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. (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.
(2) The construction, operation and maintenance of the United
States facilities shall be in all material respects as described in the
permitee's June 18, 2012, application for a Presidential Permit (the
``Application'').
Article 2. (1) 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,
[[Page 23328]]
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.
(2) Prior to initiation of construction, the permittee shall obtain
the approval of the United States Coast Guard (USCG) in conformity with
Section 5 of the International Bridge Act of 1972 (33 U.S.C. 535c), 33
CFR 1.01-60 and Department of Homeland Security Delegation of Authority
Number 0170.1.
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 all 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. If, in the future, it should appear to the Secretaries
of the Army or Homeland Security (or either Secretary's delegate) or
the United States Coast Guard that any facilities or operations
permitted hereunder cause unreasonable obstructions to the free
navigation of any of the navigable waters of the United States, the
permittee may be required, upon notice from the Secretary of the Army
or the Secretary of Homeland Security (or either Secretary's delegate)
or the United States Coast Guard, to remove or alter such facilities as
are owned by it so as to render navigation through such waters free and
unobstructed.
Article 6. The construction, connection, operation and maintenance
of the United States facilities hereunder shall be subject to the
limitations, terms, and conditions issued by any competent agency of
the U.S. government, including but not limited to the Department of
Homeland Security (DHS) and the Department of Transportation (DOT). The
permittee shall continue the operations hereby authorized in exact
accordance with such limitations, terms, and conditions.
Article 7. When, in the opinion of the President of the United
States, the national security of the United States demands it, due
notice being given by the Secretary of State or the Secretary's
delegate, the United States shall have the right to enter upon and take
possession of any of the United States facilities or parts thereof; to
retain possession, management, or control thereof for such length of
time as may appear to the President to be necessary; and thereafter to
restore possession and control to the permittee. In the event that the
United States shall exercise such right, it shall pay to the permittee
just and fair compensation for the use of such United States facilities
upon the basis of a reasonable profit in normal conditions, and the
cost of restoring said facilities to as good condition as existed at
the time of entering and taking over the same, less the reasonable
value of any improvements that may have been made by the United States.
Article 8. Any transfer of ownership or control of the United
States facilities or any part thereof shall be immediately notified in
writing to the United States Department of State, including the
submission of 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 9. (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 10. (1) The permittee shall provide to the General Services
Administration (GSA), at no cost to the federal government, a site that
is adequate and acceptable to GSA on which to construct border station
facilities at the United States terminal of the bridge. The permittee
shall fully comply with all National Environmental Policy Act and
National Historic Preservation Act mitigation provisions and
stipulations for transfer of the site to the GSA.
(2) The permittee shall reach agreement with U.S. Customs and
Border Protection (CBP) and other U.S. Federal Inspection Agencies on
the provision of suitable facilities for officers to perform their
duties. Such facilities shall meet the latest agency design standards
and operational requirements including as necessary, but not limited
to, inspection and office space, personnel parking and restrooms, an
access road, kennels, and other operationally-required components.
Article 11. (1) The permittee shall take all appropriate measures
to prevent or mitigate adverse environmental impacts or disruption of
significant archeological resources in connection with the
construction, operation, and maintenance of the United States
facilities, including those mitigation measures set forth in the
``Final Environmental Impact Statement and Final Section 4(f)
Evaluation'' by the U.S. Department of Transportation, Federal Highway
Administration and Michigan Department of Transportation, dated
November 21, 2008, the Record of Decision of the Federal Highway
Administration dated January 14, 2009, and any additional measures that
may be required as a result of any reevaluation of the foregoing
pursuant to 23 CFR 771.129(b).
(2) The permittee shall not undertake any change to the design of
the bridge, or any construction activity, that would result in
temporary or permanent obstructions affecting the natural level or flow
of boundary waters before obtaining written confirmation from the
Department of State that the requirements of the 1909 Treaty Between
the United States and Great Britain Relating to Boundary Waters, and
Questions Arising Between the United States and Canada, have been
satisfied.
Article 12. The permittee shall file with the appropriate agencies
of the United States Government such statements or reports under oath
with respect to the United States facilities, and/or permittee's
actions in connection therewith, as are now or may hereafter be
required under any laws or regulations of the U.S. government or its
agencies.
Article 13. The permittee shall not begin construction until it has
been informed that the Government of the United States and the
Government of Canada have exchanged diplomatic notes confirming that
both governments authorize for the commencement of such construction.
The permittee shall provide written notice to the Department of State
at such time as the construction authorized by this permit
[[Page 23329]]
is begun, and again at such time as construction is completed,
interrupted, or discontinued.
Article 14. The Agencies consulted pursuant to Executive Order
11423, as amended, were notified on March 27, 2013 of the determination
of the Under Secretary for Economic Growth, Energy, and the Environment
that issuance of this permit would serve the national interest.
Pursuant to Executive Order 11423, as amended, this permit shall issue
on April 12, 2013 provided that none of the Agencies so notified
objects before that date.
Article 15. This permit shall expire ten (10) 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 Growth, Energy, and the Environment, have hereunto set my
hand this 29 day of March 2013 in the City of Washington, District of
Columbia. End Permit text.
Elizabeth L. Martinez,
Director, Office of Canadian Affairs, Bureau of Western Hemisphere
Affairs, U.S. Department of State.
[FR Doc. 2013-09138 Filed 4-17-13; 8:45 am]
BILLING CODE 4710-29-P
