Transfer of the Presidential Permit To Operate and Maintain the Brownsville West Rail Bypass From Cameron County, Texas to the Union Pacific Railroad Company, 10535-10537 [2017-02829]
Download as PDF
<![CDATA[
Federal Register / Vol. 82, No. 28 / Monday, February 13, 2017 / Notices
DEPARTMENT OF STATE
[Public Notice: 9886]
jstallworth on DSK7TPTVN1PROD with NOTICES
Defense Trade Advisory Group; Notice
of Open Meeting
The Defense Trade Advisory Group
(DTAG) will meet in open session from
1:00 p.m. until 5:00 p.m. on Thursday,
March 30, 2017 at 1777 F Street NW.,
Washington, DC 20006. Entry and
registration will begin at 12:30 p.m. The
membership of this advisory committee
consists of private sector defense trade
representatives, appointed by the
Assistant Secretary of State for PoliticalMilitary Affairs, who advise the
Department on policies, regulations, and
technical issues affecting defense trade.
The purpose of the meeting will be to
discuss current defense trade issues and
topics for further study.
The following agenda topics will be
discussed: (1) Review small business
registration requirements, requesting
recommendations from the DTAG
regarding an appropriate annual
registration fee for such persons; (2)
Clarify requirements for licensing and
registration of U.S. Persons Abroad
(USPAB); (3) Discuss and outline
suggestions for sample guidelines of a
proposed Company Visit Program—
Outreach (CVP–O); (4) Discuss
flexibility under the Defense Export
Control and Compliance System
(DECCS) for third party authorizations;
(5) Discuss potentially establishing twoway communications methods within
DECCS for reporting and status and (6)
Discuss approaches for automating
material changes to licenses that involve
non-registered entities.
Members of the public may attend
this open session and will be permitted
to participate in the discussion in
accordance with the Chair’s
instructions. Members of the public
may, if they wish, submit a brief
statement to the committee in writing.
As seating is limited to 125 persons,
each member of the public that wishes
to attend this plenary session should
provide: His/her name and contact
information such as email address and/
or phone number and any request for
reasonable accommodation to notify the
DTAG Alternate Designated Federal
Officer (DFO), Anthony Dearth, via
email at DTAG@state.gov by COB
Monday, March 20, 2017. If notified
after this date, the Department might be
unable to accommodate requests due to
requirements at the meeting location. A
valid photo identification will be
required for admission to the meeting,
such as a U.S. driver’s license, passport,
or U.S. or state Government ID.
VerDate Sep<11>2014
13:41 Feb 10, 2017
Jkt 241001
For additional information, contact
Ms. Glennis Gross-Peyton, PM/DDTC,
SA–1, 12th Floor, Directorate of Defense
Trade Controls, Bureau of PoliticalMilitary Affairs, U.S. Department of
State, Washington, DC 20522–0112;
telephone (202) 663–2862; FAX (202)
261–8199; or email DTAG@state.gov.
DEPARTMENT OF STATE
Anthony Dearth,
Alternate Designated Federal Officer, Defense
Trade Advisory Group, Department of State.
10535
SUMMARY:
[FR Doc. 2017–02851 Filed 2–10–17; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF STATE
[Public Notice: 9876]
Advisory Committee on Historical
Diplomatic Documentation: Notice of
Charter Renewal
The Advisory Committee on
Historical Diplomatic Documentation
has renewed its charter for a period of
two years. This Advisory Committee
will continue to make recommendations
to the Historian and the Department of
State on all aspects of the Department’s
program to publish the Foreign
Relations of the United States series as
well as on the Department’s
responsibility under statute (22 U.S.C.
4351, et seq.) to open its 30-year old and
older records for public review at the
National Archives and Records
Administration. The Committee consists
of nine members drawn from among
historians, political scientists,
archivists, international lawyers, and
other social scientists who are
distinguished in the field of U.S. foreign
relations.
Questions concerning the Committee
and the renewal of its Charter should be
directed to Stephen P. Randolph,
Executive Secretary, Advisory
Committee on Historical Diplomatic
Documentation, Department of State,
Office of the Historian, 2300 E Street
NW., Washington, DC, 20372 (Navy
Potomac Annex), telephone (202) 955–
0215 (email history@state.gov).
Stephen P. Randolph,
Executive Secretary, Department of State.
[FR Doc. 2017–02849 Filed 2–10–17; 8:45 am]
BILLING CODE 4710–11–P
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
[Public Notice: 9874]
Transfer of the Presidential Permit To
Operate and Maintain the Brownsville
West Rail Bypass From Cameron
County, Texas to the Union Pacific
Railroad Company
The Department of State
issued a Presidential permit to the
Union Pacific Railroad Company
(UPRR) on January 13, 2017, authorizing
the UPRR to operate and maintain the
Brownsville West Rail Bypass
International Bridge. This permit
supersedes the Presidential permit that
the Department of State issued on
October 1, 2004 to Cameron County, TX.
In making this determination, the
Department provided public notice of
the proposed permit (81 FR 57644,
August 23, 2016), offered the
opportunity for comment, and consulted
with other federal agencies, as required
by Executive Order 11423, as amended.
FOR FURTHER INFORMATION CONTACT:
Contact the Office of Mexican Affairs’
Border Affairs Unit via email at
WHABorderAffairs@state.gov, by phone
at 202–647–9894, or by mail at Office of
Mexican Affairs—Room 3924,
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:
PRESIDENTIAL PERMIT
AUTHORIZING THE UNION PACIFIC
RAILROAD COMPANY TO OPERATE
AND MAINTAIN THE BROWNSVILLE
WEST RAIL BYPASS INTERNATIONAL
BRIDGE, ITS APPROACHES AND
FACILITIES, AT THE
INTERNATIONAL BOUNDARY
BETWEEN THE UNITED STATES AND
MEXICO
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 (1968); 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);
the International Bridge Act of 1972 (86
Stat. 731; 33 U.S.C. 535 et seq.); and
Department of State Delegation of
Authority 118–2 of January 26, 2006;
and having requested and received the
views of various of the federal
E:\FR\FM\13FEN1.SGM
13FEN1
jstallworth on DSK7TPTVN1PROD with NOTICES
10536
Federal Register / Vol. 82, No. 28 / Monday, February 13, 2017 / Notices
departments and other interested
persons; I hereby grant permission,
subject to the conditions herein set
forth, to the Union Pacific Railroad
Company (hereinafter referred to as
‘‘permittee’’), to operate and maintain
the Brownsville West Rail Bypass
International Bridge. This permit
supersedes the Presidential Permit that
the Department of State issued on
October 1, 2004 to Cameron County,
Texas.
*
*
*
*
*
The term ‘‘facilities’’ as used in this
permit means the bridge, its approaches
and any land, structure or installations
appurtenant thereto.
The term ‘‘United States facilities’’ as
used in this permit means that part of
the facilities in the United States.
This permit is subject to the following
conditions:
Article 1. The United States facilities
herein described, and all aspects of their
operation, shall be subject to all the
conditions, provisions and requirements
of this permit and any amendment
thereof. This permit may be terminated
at the will of the Secretary of State or
the Secretary’s delegate or may be
amended by the Secretary of State or the
Secretary’s delegate at will or upon
proper application therefore. The
permittee shall make no substantial
change in the location of the United
States facilities or in the operation
authorized by this permit until such
changes have been approved by the
Secretary of State or the Secretary’s
delegate.
Article 2. The standards for, and the
manner of, the operation and
maintenance of the United States
facilities shall be subject to inspection
and approval by the representatives of
appropriate federal or state agencies.
The permittee shall allow duly
authorized officers and employees of
such agencies free and unrestricted
access to said facilities in the
performance of their official duties.
Article 3. The permittee shall comply
with all applicable federal, state, and
local laws and regulations regarding the
operation and maintenance of the
United States facilities, and with all
applicable industrial codes. The
permittee shall obtain the requisite
permits from the relevant Mexican
authorities as well as from the relevant
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
VerDate Sep<11>2014
13:41 Feb 10, 2017
Jkt 241001
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 United States Coast Guard
or the Secretary of Homeland Security
(or the Secretary’s delegate) 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 United
States Coast Guard or the Secretary of
Homeland Security (or the Secretary’s
delegate), to remove or alter such
facilities as are owned by it so as to
render navigation through such waters
free and unobstructed.
Article 6. This permit and the
operation of the United States facilities
hereunder shall be subject to the
limitations, terms, and conditions
issued by any competent agency of the
United States Government, including
but not limited to the United States
Coast Guard, the Department of
Homeland Security, the General
Services Administration, and the United
States Section of the International
Boundary and Water Commission
(USIBWC). This permit shall continue
in force and effect only so long as the
permittee shall continue the operations
hereby authorized in exact accordance
with such limitations, terms and
conditions.
Article 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
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
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 for approval,
including identification of the
transferee. In the event of such transfer
of ownership or control, the permit shall
remain in force and the United States
facilities shall be subject to all the
conditions, permissions, and
requirements of this permit and any
amendments thereof.
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 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. The permittee shall
provide to the U.S. Customs and Border
Protection, at no cost to the federal
government, facilities for the RailVehicle and Cargo Inspection Systems
(VACIS), to include office space for CBP
personnel, restrooms, parking area,
utilities, and an access road.
Article 11. The permittee shall take all
appropriate measures to prevent or
mitigate adverse environmental impacts
or disruption of significant
archeological resources in connection
with the operation and maintenance of
the United States facilities, including
those mitigation measures set forth in
the Final Environmental Assessment
and in the Department’s Finding of No
Significant Impact (FONSI) dated June
18, 2004 issued in response to Cameron
County’s application of June 2003 for a
Presidential permit with respect to the
Brownsville West Rail Bypass
International Bridge.
Article 12. The permittee shall
comply with all agreed actions and
obligations undertaken to be performed
in by Cameron County in its
Application for a Presidential Permit,
dated June 2003, in the Final
Environmental Assessment, and in the
FONSI, dated June 18, 2004, and in
Union Pacific Railroad Company’s
application for a Presidential Permit,
dated July 7, 2016. The Final
Environmental Assessment includes the
‘‘Draft Environmental Assessment
Document for the Proposed
E:\FR\FM\13FEN1.SGM
13FEN1
Federal Register / Vol. 82, No. 28 / Monday, February 13, 2017 / Notices
Brownsville-Matamoros West Rail
Bypass Plan’’ dated June 2003, all
comments submitted by agencies on that
document, the responses to those
comments, and all correspondence
between agencies and the permittee
addressing agencies’ concerns.
Article 13. 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 United States
Government or its agencies.
In witness whereof, I, Catherine A.
Novelli, Under Secretary of State for
Economic Growth, Energy, and the
Environment, have hereunto set my
hand this 13th day of January, 2017 in
the City of Washington, District of
Columbia.
Catherine A. Novelli
Under Secretary of State for Economic
Growth, Energy, and the Environment.
[FR Doc. 2017–02829 Filed 2–10–17; 8:45 am]
BILLING CODE 4710–29–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Environmental Impact Statement:
Evansville, IN, and Henderson, KY
Federal Highway
Administration (FHWA), DOT.
ACTION: Revised Notice of Intent.
AGENCY:
The FHWA is issuing this
notice to advise the public that an
Environmental Impact Statement (EIS),
pursuant to the National Environmental
Policy Act (NEPA), will be prepared for
the proposed I–69 Corridor in the
Evansville, Indiana and Henderson,
Kentucky area. This Notice of Intent
(NOI) represents a revision to the
original NOI that was issued for the
project on May 10, 2001 (66 FR 23966
May 10, 2001). Under the original NOI,
a Draft Environmental Impact Statement
(DEIS) was completed in 2004 but the
project was subsequently suspended in
2005. This NOI reinitiates the NEPA
process for the project.
FOR FURTHER INFORMATION CONTACT:
Michelle Allen, Planning and
Environmental Specialist, Federal
Highway Administration, Indiana
Division, 575 N. Pennsylvania Avenue,
Room 254, Indianapolis, Indiana 46204,
Telephone 317–226–7344, Email
michelle.allen@dot.gov; Laura Hilden,
Director of Environmental Services,
jstallworth on DSK7TPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
13:41 Feb 10, 2017
Jkt 241001
Indiana Department of Transportation,
100 North Senate Avenue, Room N642,
Indianapolis, Indiana 46204, Telephone
317–232–5018, Email lhilden@
indot.in.gov; or David Waldner,
Director, Division of Environmental
Analysis, Kentucky Transportation
Cabinet, 200 Mero Street, Frankfort,
Kentucky 40622, Telephone 502–564–
7250, Email david.waldner@ky.gov.
SUPPLEMENTARY INFORMATION: The
FHWA, in cooperation with the Indiana
Department of Transportation (INDOT)
and the Kentucky Transportation
Cabinet (KYTC), will prepare an EIS to
identify a preferred alternative for the I–
69 Corridor through the Evansville,
Indiana-Henderson, Kentucky area. The
project area will extend from I–69 south
of Evansville (formerly I–164) across the
Ohio River to the Edward T. Breathitt
Pennyrile Parkway (now designated as
I–69 up to Mile Point 76.9) near
Henderson. The study will build upon
the information developed for the 2004
DEIS, the 2008 Conceptual Financing
Plan for I–69 Corridor conducted by
KYTC, the 2013 I–69 Innovative
Financing Study conducted by the
Arkansas State Highway and
Transportation Department (AHTD)
(serving as the project manager for the
seven-state I–69 Steering Committee),
and the 2014 I–69 Feasibility Study
conducted by KYTC. The proposed
project would provide an interstate-type
facility with at least two lanes in each
direction separated by a median. The
EIS will analyze environmental,
cultural, social, and economic impacts
associated with the development of the
proposed action.
The project’s purpose and need that
was developed as part of the 2004 DEIS
included the following: (1) Support the
completion of the National I–69; (2)
Provide sufficient cross-river mobility in
the Evansville/Henderson area; and (3)
Strengthen the transportation network
in the Evansville/Henderson area. The
2004 DEIS initially identified ten
alternatives, including six alternatives
west of the Evansville/Henderson area;
one alternative following existing US
41; one alternative using the Edward T.
Breathitt Pennyrile Parkway north to US
41 and continuing north on US 41 to I–
164; and two alternatives east of US 41.
The northern terminus for all of the
alternatives was I–64 north of
Evansville. The southern terminus for
all the alternatives was the Edward T.
Breathitt Pennyrile Parkway south of
Henderson. Based on the ability to meet
the project’s purpose and need,
environmental impacts, costs, and
public and agency input, the DEIS
identified Alternative 2 as the Preferred
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
10537
Alternative. The DEIS Preferred
Alternative utilized the existing I–164
alignment (now designated I–69) from
its northern terminus at I–64 in Warrick
County, to just east of the Green River
Road interchange and west of Angel
Mounds State Memorial Site. From that
location, the alternative left the existing
I–164 alignment and traveled along a
new alignment south across the Ohio
River immediately west of the mouth of
the Green River. The new route
continued south to KY 351, then
southwest to the Edward T. Breathitt
Pennyrile Parkway (now designated I–
69). The alternative was 30.2 miles in
length and utilized 18.6 miles of the
existing I–164.
The 2014 Feasibility Study conducted
by KYTC reexamined the possibility of
providing a single, new Ohio River
bridge at Henderson, replacing the
existing US 41 bridges. Seven
alternatives, some with variations, were
developed and evaluated. The 2014
Feasibility Study also introduced a
modified version of the DEIS Preferred
Alternative, designated as Alternative 1,
that used the same Ohio River crossing
location, but connected to the Edward
T. Breathitt Pennyrile Parkway just
south of Henderson and farther north
than the DEIS Preferred Alternative to
take advantage of the improvements to
and the designation of the Edward T.
Breathitt Pennyrile Parkway as I–69.
This EIS will review and update, as
needed, the purpose and need from the
2004 DEIS and will consider changes to
the project termini as a result of I–164
and Edward T. Breathitt Pennyrile
Parkway being designated as I–69. It
will also review and update the
alternatives development and screening
process based on the updated purpose
and need and project termini. New
alternatives will be developed and
evaluated, as appropriate, and it is
anticipated that this project will
consider the potential use of tolls as part
of its funding plan.
With the resumption of the project,
the public and federal, state, and local
agencies will be invited to participate in
scoping meetings to review the project’s
purpose and need and range of
alternatives to be considered. These
meetings will be scheduled at a later
date. Public and agency meetings will
also be held at key milestones
throughout the EIS process to present
project information and to obtain public
and agency input. In addition, a project
Web site will be established and public
information offices will be set up in
both Evansville and Henderson to allow
the public to view project information
and provide comments. Project enewsletters and social media will also
E:\FR\FM\13FEN1.SGM
13FEN1
]]>Agencies
[Federal Register Volume 82, Number 28 (Monday, February 13, 2017)]
[Notices]
[Pages 10535-10537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02829]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice: 9874]
Transfer of the Presidential Permit To Operate and Maintain the
Brownsville West Rail Bypass From Cameron County, Texas to the Union
Pacific Railroad Company
SUMMARY: The Department of State issued a Presidential permit to the
Union Pacific Railroad Company (UPRR) on January 13, 2017, authorizing
the UPRR to operate and maintain the Brownsville West Rail Bypass
International Bridge. This permit supersedes the Presidential permit
that the Department of State issued on October 1, 2004 to Cameron
County, TX. In making this determination, the Department provided
public notice of the proposed permit (81 FR 57644, August 23, 2016),
offered the opportunity for comment, and consulted with other federal
agencies, as required by Executive Order 11423, as amended.
FOR FURTHER INFORMATION CONTACT: Contact the Office of Mexican Affairs'
Border Affairs Unit via email at WHABorderAffairs@state.gov, by phone
at 202-647-9894, or by mail at Office of Mexican Affairs--Room 3924,
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:
PRESIDENTIAL PERMIT
AUTHORIZING THE UNION PACIFIC RAILROAD COMPANY TO OPERATE AND MAINTAIN
THE BROWNSVILLE WEST RAIL BYPASS INTERNATIONAL BRIDGE, ITS APPROACHES
AND FACILITIES, AT THE INTERNATIONAL BOUNDARY BETWEEN THE UNITED STATES
AND MEXICO
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 (1968); 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); the International Bridge
Act of 1972 (86 Stat. 731; 33 U.S.C. 535 et seq.); and Department of
State Delegation of Authority 118-2 of January 26, 2006; and having
requested and received the views of various of the federal
[[Page 10536]]
departments and other interested persons; I hereby grant permission,
subject to the conditions herein set forth, to the Union Pacific
Railroad Company (hereinafter referred to as ``permittee''), to operate
and maintain the Brownsville West Rail Bypass International Bridge.
This permit supersedes the Presidential Permit that the Department of
State issued on October 1, 2004 to Cameron County, Texas.
* * * * *
The term ``facilities'' as used in this permit means the bridge,
its approaches and any land, structure or installations appurtenant
thereto.
The term ``United States facilities'' as used in this permit means
that part of the facilities in the United States.
This permit is subject to the following conditions:
Article 1. The United States facilities herein described, and all
aspects of their operation, shall be subject to all the conditions,
provisions and requirements of this permit and any amendment thereof.
This permit may be terminated at the will of the Secretary of State or
the Secretary's delegate or may be amended by the Secretary of State or
the Secretary's delegate at will or upon proper application therefore.
The permittee shall make no substantial change in the location of the
United States facilities or in the operation authorized by this permit
until such changes have been approved by the Secretary of State or the
Secretary's delegate.
Article 2. The standards for, and the manner of, the operation and
maintenance of the United States facilities shall be subject to
inspection and approval by the representatives of appropriate federal
or state agencies. The permittee shall allow duly authorized officers
and employees of such agencies free and unrestricted access to said
facilities in the performance of their official duties.
Article 3. The permittee shall comply with all applicable federal,
state, and local laws and regulations regarding the operation and
maintenance of the United States facilities, and with all applicable
industrial codes. The permittee shall obtain the requisite permits from
the relevant Mexican authorities as well as from the relevant 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 United States
Coast Guard or the Secretary of Homeland Security (or the Secretary's
delegate) 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 United States Coast Guard or the Secretary of
Homeland Security (or the Secretary's delegate), to remove or alter
such facilities as are owned by it so as to render navigation through
such waters free and unobstructed.
Article 6. This permit and the operation of the United States
facilities hereunder shall be subject to the limitations, terms, and
conditions issued by any competent agency of the United States
Government, including but not limited to the United States Coast Guard,
the Department of Homeland Security, the General Services
Administration, and the United States Section of the International
Boundary and Water Commission (USIBWC). This permit shall continue in
force and effect only so long as the permittee shall continue the
operations hereby authorized in exact accordance with such limitations,
terms and conditions.
Article 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 for approval,
including identification of the transferee. In the event of such
transfer of ownership or control, the permit shall remain in force and
the United States facilities shall be subject to all the conditions,
permissions, and requirements of this permit and any amendments
thereof.
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
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. The permittee shall provide to the U.S. Customs and
Border Protection, at no cost to the federal government, facilities for
the Rail-Vehicle and Cargo Inspection Systems (VACIS), to include
office space for CBP personnel, restrooms, parking area, utilities, and
an access road.
Article 11. The permittee shall take all appropriate measures to
prevent or mitigate adverse environmental impacts or disruption of
significant archeological resources in connection with the operation
and maintenance of the United States facilities, including those
mitigation measures set forth in the Final Environmental Assessment and
in the Department's Finding of No Significant Impact (FONSI) dated June
18, 2004 issued in response to Cameron County's application of June
2003 for a Presidential permit with respect to the Brownsville West
Rail Bypass International Bridge.
Article 12. The permittee shall comply with all agreed actions and
obligations undertaken to be performed in by Cameron County in its
Application for a Presidential Permit, dated June 2003, in the Final
Environmental Assessment, and in the FONSI, dated June 18, 2004, and in
Union Pacific Railroad Company's application for a Presidential Permit,
dated July 7, 2016. The Final Environmental Assessment includes the
``Draft Environmental Assessment Document for the Proposed
[[Page 10537]]
Brownsville-Matamoros West Rail Bypass Plan'' dated June 2003, all
comments submitted by agencies on that document, the responses to those
comments, and all correspondence between agencies and the permittee
addressing agencies' concerns.
Article 13. 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 United States Government
or its agencies.
In witness whereof, I, Catherine A. Novelli, Under Secretary of
State for Economic Growth, Energy, and the Environment, have hereunto
set my hand this 13th day of January, 2017 in the City of Washington,
District of Columbia.
Catherine A. Novelli
Under Secretary of State for Economic Growth, Energy, and the
Environment.
[FR Doc. 2017-02829 Filed 2-10-17; 8:45 am]
BILLING CODE 4710-29-P
