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 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 http://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 http://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