Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended, 3012-3014 [2018-00996]

Download as PDF 3012 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices Mr. Anthony Smith, Office of Information Management, telephone 202–475–3532, or fax 202–372–8405, for questions on these documents. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Public Participation and Request for Comments This Notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection’s purpose, the Collection’s likely burden on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection. The Coast Guard invites comments on whether this ICR should be granted based on the Collection being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collection; (2) the accuracy of the estimated burden of the Collection; (3) ways to enhance the quality, utility, and clarity of information subject to the Collection; and (4) ways to minimize the burden of the Collection on respondents, including the use of automated collection techniques or other forms of information technology. These comments will help OIRA determine whether to approve the ICR referred to in this Notice. We encourage you to respond to this request by submitting comments and related materials. Comments to Coast Guard or OIRA must contain the OMB Control Number of the ICR. They must also contain the docket number of this request, [USCG–2017–0950], and must be received by February 21, 2018. ethrower on DSK3G9T082PROD with NOTICES Submitting Comments We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Documents mentioned in this notice, and all public comments, are in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email VerDate Sep<11>2014 19:00 Jan 19, 2018 Jkt 244001 alerts, you will be notified when comments are posted. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). OIRA posts its decisions on ICRs online at https://www.reginfo.gov/public/ do/PRAMain after the comment period for each ICR. An OMB Notice of Action on each ICR will become available via a hyperlink in the OMB Control Number: 1625–0024. Previous Request for Comments This request provides a 30-day comment period required by OIRA. The Coast Guard published the 60-day notice (82 FR 49038, October 23, 2017) required by 44 U.S.C. 3506(c)(2). That Notice elicited no comments. Accordingly, no changes have been made to the Collection. Information Collection Request Title: Safety Approval of Cargo Containers. Omb Control Number: 1625–0024. Summary: This information collection is associated with requirements for owners and manufacturers of cargo containers to submit information and keep records associated with the approval and inspection of those containers. This information is required to ensure compliance with the International Convention for Safe Containers (CSC), 29 U.S.T. 3707; T.I.A.S. 9037. Need: This collection of information addresses the reporting and recordkeeping requirements for containers in 49 CFR parts 450 through 453. These rules are necessary since the U.S. is signatory to the CSC. The CSC requires all containers to be safety approved prior to being used in trade. These rules prescribe only the minimum requirements of the CSC. Forms: None. Respondents: Owners and manufacturers of containers, and organizations that the Coast Guard delegates to act as an approval authority. Frequency: On occasion. Hour Burden Estimate: The estimated burden has increased from 98,452 hours to 117,271 hours a year due to an increase in the estimated number of responses. PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter 35, as amended. Dated: January 11, 2018. James D. Roppel, U.S. Coast Guard, Acting Chief, Office of Information Management. [FR Doc. 2018–00954 Filed 1–19–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended Office of the Secretary, Department of Homeland Security. ACTION: Notice of determination. AGENCY: The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border of the United States near the Santa Teresa Land Port of Entry in the state of New Mexico. DATES: This determination takes effect on January 22, 2018. SUPPLEMENTARY INFORMATION: The principal mission requirements of the Department of Homeland Security (‘‘DHS’’) include border security and the detection and prevention of illegal entry into the United States. Border security is critical to the nation’s national security. Recognizing the critical importance of border security, Congress has ordered DHS to achieve and maintain operational control of the international land border. Secure Fence Act of 2006, Public Law 109–367, 2, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1701 note). Congress defined ‘‘operational control’’ as the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband. Id. Consistent with that mandate from Congress, the President’s Executive Order on Border Security and Immigration Enforcement Improvements directed executive departments and agencies to deploy all lawful means to secure the southern border. Executive Order 13767, § 1. To achieve this end, the President directed, among other things, that I take immediate steps to prevent all unlawful entries into the United States, to include the immediate construction of physical infrastructure SUMMARY: E:\FR\FM\22JAN1.SGM 22JAN1 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices to prevent illegal entry. Executive Order 13767, § 4(a). Congress has provided the Secretary of Homeland Security with a number of authorities necessary to carry out DHS’s border security mission. One of these authorities is found at section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (‘‘IIRIRA’’). Public Law 104–208, Div. C, 110 Stat. 3009–546, 3009–554 (Sept. 30, 1996) (8 U.S.C 1103 note), as amended by the REAL ID Act of 2005, Public Law 109–13, Div. B, 119 Stat. 231, 302, 306 (May 11, 2005) (8 U.S.C. 1103 note), as amended by the Secure Fence Act of 2006, Public Law 109–367, 3, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1103 note), as amended by the Department of Homeland Security Appropriations Act, 2008, Public Law 110–161, Div. E, Title V, § 564, 121 Stat. 2090 (Dec. 26, 2007). In section 102(a) of IIRIRA, Congress provided that the Secretary of Homeland Security shall take such actions as may be necessary to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States. In section 102(b) of IIRIRA, Congress has called for the installation of additional fencing, barriers, roads, lighting, cameras, and sensors on the southwest border. Finally, in section 102(c) of IIRIRA, Congress granted to the Secretary of Homeland Security the authority to waive all legal requirements that I, in my sole discretion, determine necessary to ensure the expeditious construction of barriers and roads authorized by section 102 of IIRIRA. ethrower on DSK3G9T082PROD with NOTICES Determination and Waiver Section 1 The United States Border Patrol’s El Paso Sector is an area of high illegal entry. For example, in fiscal year 2016, the United States Border Patrol (‘‘Border Patrol’’) apprehended over 25,000 illegal aliens and seized approximately 67,000 pounds of marijuana and approximately 157 pounds of cocaine. Since the creation of DHS, and through the construction of border infrastructure and other operational improvements, the Border Patrol has been able to make significant gains in border security within the El Paso Sector; however, more work needs to be done. In fact, in recent years, the El Paso Sector has seen an increase in apprehensions. The El Paso Sector therefore remains an area of high illegal entry for which there is an immediate need to construct border barriers and roads. VerDate Sep<11>2014 19:00 Jan 19, 2018 Jkt 244001 To begin to meet the need for enhanced border infrastructure in the El Paso Sector, DHS will take immediate action to replace existing vehicle barrier with bollard wall. Vehicle barrier replacement in the El Paso Sector is among DHS’s highest priority border security requirements. The vehicle barrier replacement will take place along an approximately twenty mile segment of the border that starts at the Santa Teresa Land Port of Entry and extends westward. This approximately twenty mile segment of the border is referred to herein as the ‘‘project area’’ and is more specifically described in Section 2 below. Although the existing vehicle barrier has aided border enforcement within the project area, Border Patrol must have a more effective means of deterring and preventing illegal crossings. The area within Mexico that is situated across the border from the project area has a population of almost two million people, including the city of Ciudad Juarez. The close proximity of this heavily populated area and its urban infrastructure creates opportunities for illegal entrants to gain quick and immediate access to the border. On the United States side of the border, the eastern portion of the project area includes developed areas where illegal aliens can quickly blend into the population and have ready access to roads, highways, and other infrastructure. The western portion of the project area is made up of desert areas where there is little to no natural terrain that deters illegal crossings and illegal aliens can quickly access state highways as a means of travel into the interior of the United States. Replacing the existing vehicle barrier with bollard wall within the project area will improve Border Patrol’s operational efficiency and, in turn, further deter and prevent illegal crossings. Section 2 I determine that the following area in the vicinity of the United States border, located in the State of New Mexico within the United States Border Patrol’s El Paso Sector is an area of high illegal entry (the ‘‘project area’’): Starting at the Santa Teresa Land Port of Entry and extending west to Border Monument 10. There is presently a need to construct physical barriers and roads in the vicinity of the border of the United States to deter illegal crossings in the project area. In order to ensure the expeditious construction of the barriers and roads in the project area, I have determined that it is necessary that I exercise the authority that is vested in PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 3013 me by section 102(c) of the IIRIRA as amended. Accordingly, pursuant to section 102(c) of IIRIRA, I hereby waive in their entirety, with respect to the construction of roads and physical barriers (including, but not limited to, accessing the project area, creating and using staging areas, the conduct of earthwork, excavation, fill, and site preparation, and installation and upkeep of physical barriers, roads, supporting elements, drainage, erosion controls, and safety features) in the project area, the following statutes, including all federal, state, or other laws, regulations and legal requirements of, deriving from, or related to the subject of, the following statutes, as amended: The National Environmental Policy Act (Pub. L. 91–190, 83 Stat. 852 (Jan. 1, 1970) (42 U.S.C. 4321 et seq.)), the Endangered Species Act (Pub. L. 93– 205, 87 Stat. 884 (Dec. 28, 1973) (16 U.S.C. 1531 et seq.)), the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act (33 U.S.C. 1251 et seq.)), the National Historic Preservation Act (Pub. L. 89– 665, 80 Stat. 915 (Oct. 15, 1966), as amended, repealed, or replaced by Pub. L. 113–287 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 470 et seq., now codified at 54 U.S.C. 100101 note and 54 U.S.C. 300101 et seq.)), the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Archeological Resources Protection Act (Pub. L. 96–95 (16 U.S.C. 470aa et seq.)), the Paleontological Resources Preservation Act (16 U.S.C. 470aaa et seq.), the Federal Cave Resources Protection Act of 1988 (16 U.S.C. 4301 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the Noise Control Act (42 U.S.C. 4901 et seq.), the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the Archaeological and Historic Preservation Act (Pub. L. 86–523, as amended, repealed, or replaced by Pub. L. 113–287 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 469 et seq., now codified at 54 U.S.C. 312502 et seq.)), the Antiquities Act (formerly codified at 16 U.S.C. 431 et seq., now codified 54 U.S.C. 320301 et seq.), the Historic Sites, Buildings, and Antiquities Act (formerly codified at 16 U.S.C. 461 et seq., now codified at 54 U.S.C. 3201–320303 & 320101–320106), the Farmland Protection Policy Act (7 U.S.C. 4201 et seq.), the Federal Land E:\FR\FM\22JAN1.SGM 22JAN1 3014 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices Policy and Management Act (Pub. L. 94–579 (43 U.S.C. 1701 et seq.)), National Fish and Wildlife Act of 1956 (Pub. L. 84–1024 (16 U.S.C. 742a, et seq.)), the Fish and Wildlife Coordination Act (Pub. L. 73–121 (16 U.S.C. 661 et seq.)), the Administrative Procedure Act (5 U.S.C. 551 et seq.), the Eagle Protection Act (16 U.S.C. 668 et seq.), the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), and the American Indian Religious Freedom Act (42 U.S.C. 1996). This waiver does not repeal the previous waiver published in the Federal Register on April 8, 2008 (73 FR 19078). I reserve the authority to make further waivers from time to time as I may determine to be necessary under section 102 of the IIRIRA, as amended. Dated: January 10, 2018. Kirstjen M. Nielsen, Secretary of Homeland Security. [FR Doc. 2018–00996 Filed 1–19–18; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2616–18; DHS Docket No. USCIS– 2008–0034] RIN 1615–ZB71 Termination of the Designation of El Salvador for Temporary Protected Status Correction In notice document 2018–00885, appearing on pages 2654 through 2660 in the issue of Thursday, January 18, 2018, make the following correction: On page 2655, in the first column, in the SUPPLEMENTARY INFORMATION section, twenty-one lines from the bottom, ‘‘January 19, 2018’’ should read ‘‘January 18, 2018’’. [FR Doc. C1–2018–00885 Filed 1–19–18; 8:45 am] ethrower on DSK3G9T082PROD with NOTICES BILLING CODE 1301–00–D VerDate Sep<11>2014 19:00 Jan 19, 2018 Jkt 244001 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R1–ES–2017–N139; FXES11130100000C4–178–FF01E00000] Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Status Reviews for 18 Species in Hawaii, Oregon, Washington, Idaho, and Canada Fish and Wildlife Service, Interior. ACTION: Notice of initiation of reviews; request for information. AGENCY: We, the U.S. Fish and Wildlife Service (Service), are initiating 5-year status reviews for 18 species in Hawaii, Oregon, Washington, Idaho, and Canada under the Endangered Species Act of 1973, as amended (Act). A 5-year status review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any new information on these species that has become available since the last review. DATES: To ensure consideration in our reviews, we are requesting submission of new information no later than March 23, 2018. However, we will continue to accept new information about any listed species at any time. ADDRESSES: Submit information on any of the 12 species in Hawaii (see table under What Species Are Under Review?) via U.S. mail to: Field Supervisor, Attention: 5-Year Review, U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Blvd., Room 3–122, Honolulu, HI 96850, or by email to pifwo_admin@fws.gov. For the Columbia Basin pygmy rabbit, Castilleja levisecta, Hackelia venusta, and Sidalcea oregana var. calva, submit information via U.S. mail to: Field Supervisor, Attention: 5-Year Review, U.S. Fish and Wildlife Service, Washington Fish and Wildlife Office, 510 Desmond Dr. SE, Suite 102, Lacey, WA 98503, or by email to WFWO_LR@ fws.gov. For the Snake River physa snail, submit information via U.S. mail to: Field Supervisor; Attention: 5-Year Review; U.S. Fish and Wildlife Service; Idaho Fish and Wildlife Office; 1387 S. Vinnell Way, Suite 368, Boise, ID 83709, or by email to greg_burak@fws.gov. For the white sturgeon, submit information via U.S. mail to: Field Supervisor; Attention: 5-Year Review, U.S. Fish and Wildlife Service, Northern Idaho Field Office, 11103 East Montgomery Dr., Spokane, WA 99206, or by email to jason_flory@fws.gov. SUMMARY: PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Gregory Koob, U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office (see ADDRESSES), 808– 792–9400 (for species in Hawaii); Tom McDowell, U.S. Fish and Wildlife Service, Washington Fish and Wildlife Office, 360–753–9440 (for Columbia Basin pygmy rabbit, Castilleja levisecta, Hackelia venusta, and Sidalcea oregana var. calva); or Tracy Melbihess, U.S. Fish and Wildlife Service, Idaho Fish and Wildlife Office, 208–378–5287 (for white sturgeon and Snake River physa snail). Individuals who are hearing impaired or speech impaired may call the Federal Relay Service at 800–877– 8339 for TTY assistance. SUPPLEMENTARY INFORMATION: Why do we conduct 5-year reviews? Under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.; Act), we maintain lists of endangered and threatened wildlife and plant speciess (referred to as the List) in the Code of Federal Regulations (CFR) at 50 CFR 17.11 (for wildlife) and 17.12 (for plants). Section 4(c)(2) of the Act requires us to review each listed species’ status at least once every 5 years. For additional information about 5-year reviews, go to https:// www.fws.gov/endangered/what-we-do/ recovery-overview.html, scroll down to ‘‘Learn more about 5-Year Reviews,’’ and click on the ‘‘5-Year Reviews’’ link. What information do we consider in our review? A 5-year review considers all new information available at the time of the review. In conducting these reviews, we consider the best scientific and commercial data that have become available since the listing determination or most recent status review, such as: (A) Species biology, including but not limited to population trends, distribution, abundance, demographics, and genetics; (B) Habitat conditions, including but not limited to amount, distribution, and suitability; (C) Conservation measures that have been implemented that benefit the species; (D) Threat status and trends in relation to the five listing factors (as defined in section 4(a)(1) of the Act); and (E) Other new information, data, or corrections, including but not limited to taxonomic or nomenclatural changes, identification of erroneous information contained in the List, and improved analytical methods. Any new information will be considered during the 5-year review and E:\FR\FM\22JAN1.SGM 22JAN1

Agencies

[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Notices]
[Pages 3012-3014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00996]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary


Determination Pursuant to Section 102 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996, as Amended

AGENCY: Office of the Secretary, Department of Homeland Security.

ACTION: Notice of determination.

-----------------------------------------------------------------------

SUMMARY: The Secretary of Homeland Security has determined, pursuant to 
law, that it is necessary to waive certain laws, regulations and other 
legal requirements in order to ensure the expeditious construction of 
barriers and roads in the vicinity of the international land border of 
the United States near the Santa Teresa Land Port of Entry in the state 
of New Mexico.

DATES: This determination takes effect on January 22, 2018.

SUPPLEMENTARY INFORMATION: The principal mission requirements of the 
Department of Homeland Security (``DHS'') include border security and 
the detection and prevention of illegal entry into the United States. 
Border security is critical to the nation's national security. 
Recognizing the critical importance of border security, Congress has 
ordered DHS to achieve and maintain operational control of the 
international land border. Secure Fence Act of 2006, Public Law 109-
367, 2, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1701 note). Congress 
defined ``operational control'' as the prevention of all unlawful 
entries into the United States, including entries by terrorists, other 
unlawful aliens, instruments of terrorism, narcotics, and other 
contraband. Id. Consistent with that mandate from Congress, the 
President's Executive Order on Border Security and Immigration 
Enforcement Improvements directed executive departments and agencies to 
deploy all lawful means to secure the southern border. Executive Order 
13767, Sec.  1. To achieve this end, the President directed, among 
other things, that I take immediate steps to prevent all unlawful 
entries into the United States, to include the immediate construction 
of physical infrastructure

[[Page 3013]]

to prevent illegal entry. Executive Order 13767, Sec.  4(a).
    Congress has provided the Secretary of Homeland Security with a 
number of authorities necessary to carry out DHS's border security 
mission. One of these authorities is found at section 102 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(``IIRIRA''). Public Law 104-208, Div. C, 110 Stat. 3009-546, 3009-554 
(Sept. 30, 1996) (8 U.S.C 1103 note), as amended by the REAL ID Act of 
2005, Public Law 109-13, Div. B, 119 Stat. 231, 302, 306 (May 11, 2005) 
(8 U.S.C. 1103 note), as amended by the Secure Fence Act of 2006, 
Public Law 109-367, 3, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1103 
note), as amended by the Department of Homeland Security Appropriations 
Act, 2008, Public Law 110-161, Div. E, Title V, Sec.  564, 121 Stat. 
2090 (Dec. 26, 2007). In section 102(a) of IIRIRA, Congress provided 
that the Secretary of Homeland Security shall take such actions as may 
be necessary to install additional physical barriers and roads 
(including the removal of obstacles to detection of illegal entrants) 
in the vicinity of the United States border to deter illegal crossings 
in areas of high illegal entry into the United States. In section 
102(b) of IIRIRA, Congress has called for the installation of 
additional fencing, barriers, roads, lighting, cameras, and sensors on 
the southwest border. Finally, in section 102(c) of IIRIRA, Congress 
granted to the Secretary of Homeland Security the authority to waive 
all legal requirements that I, in my sole discretion, determine 
necessary to ensure the expeditious construction of barriers and roads 
authorized by section 102 of IIRIRA.

Determination and Waiver

Section 1

    The United States Border Patrol's El Paso Sector is an area of high 
illegal entry. For example, in fiscal year 2016, the United States 
Border Patrol (``Border Patrol'') apprehended over 25,000 illegal 
aliens and seized approximately 67,000 pounds of marijuana and 
approximately 157 pounds of cocaine. Since the creation of DHS, and 
through the construction of border infrastructure and other operational 
improvements, the Border Patrol has been able to make significant gains 
in border security within the El Paso Sector; however, more work needs 
to be done. In fact, in recent years, the El Paso Sector has seen an 
increase in apprehensions. The El Paso Sector therefore remains an area 
of high illegal entry for which there is an immediate need to construct 
border barriers and roads.
    To begin to meet the need for enhanced border infrastructure in the 
El Paso Sector, DHS will take immediate action to replace existing 
vehicle barrier with bollard wall. Vehicle barrier replacement in the 
El Paso Sector is among DHS's highest priority border security 
requirements. The vehicle barrier replacement will take place along an 
approximately twenty mile segment of the border that starts at the 
Santa Teresa Land Port of Entry and extends westward. This 
approximately twenty mile segment of the border is referred to herein 
as the ``project area'' and is more specifically described in Section 2 
below.
    Although the existing vehicle barrier has aided border enforcement 
within the project area, Border Patrol must have a more effective means 
of deterring and preventing illegal crossings. The area within Mexico 
that is situated across the border from the project area has a 
population of almost two million people, including the city of Ciudad 
Juarez. The close proximity of this heavily populated area and its 
urban infrastructure creates opportunities for illegal entrants to gain 
quick and immediate access to the border. On the United States side of 
the border, the eastern portion of the project area includes developed 
areas where illegal aliens can quickly blend into the population and 
have ready access to roads, highways, and other infrastructure. The 
western portion of the project area is made up of desert areas where 
there is little to no natural terrain that deters illegal crossings and 
illegal aliens can quickly access state highways as a means of travel 
into the interior of the United States. Replacing the existing vehicle 
barrier with bollard wall within the project area will improve Border 
Patrol's operational efficiency and, in turn, further deter and prevent 
illegal crossings.

Section 2

    I determine that the following area in the vicinity of the United 
States border, located in the State of New Mexico within the United 
States Border Patrol's El Paso Sector is an area of high illegal entry 
(the ``project area''): Starting at the Santa Teresa Land Port of Entry 
and extending west to Border Monument 10.
    There is presently a need to construct physical barriers and roads 
in the vicinity of the border of the United States to deter illegal 
crossings in the project area. In order to ensure the expeditious 
construction of the barriers and roads in the project area, I have 
determined that it is necessary that I exercise the authority that is 
vested in me by section 102(c) of the IIRIRA as amended.
    Accordingly, pursuant to section 102(c) of IIRIRA, I hereby waive 
in their entirety, with respect to the construction of roads and 
physical barriers (including, but not limited to, accessing the project 
area, creating and using staging areas, the conduct of earthwork, 
excavation, fill, and site preparation, and installation and upkeep of 
physical barriers, roads, supporting elements, drainage, erosion 
controls, and safety features) in the project area, the following 
statutes, including all federal, state, or other laws, regulations and 
legal requirements of, deriving from, or related to the subject of, the 
following statutes, as amended: The National Environmental Policy Act 
(Pub. L. 91-190, 83 Stat. 852 (Jan. 1, 1970) (42 U.S.C. 4321 et seq.)), 
the Endangered Species Act (Pub. L. 93-205, 87 Stat. 884 (Dec. 28, 
1973) (16 U.S.C. 1531 et seq.)), the Federal Water Pollution Control 
Act (commonly referred to as the Clean Water Act (33 U.S.C. 1251 et 
seq.)), the National Historic Preservation Act (Pub. L. 89-665, 80 
Stat. 915 (Oct. 15, 1966), as amended, repealed, or replaced by Pub. L. 
113-287 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 470 et seq., 
now codified at 54 U.S.C. 100101 note and 54 U.S.C. 300101 et seq.)), 
the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), the Migratory 
Bird Conservation Act (16 U.S.C. 715 et seq.), the Clean Air Act (42 
U.S.C. 7401 et seq.), the Archeological Resources Protection Act (Pub. 
L. 96-95 (16 U.S.C. 470aa et seq.)), the Paleontological Resources 
Preservation Act (16 U.S.C. 470aaa et seq.), the Federal Cave Resources 
Protection Act of 1988 (16 U.S.C. 4301 et seq.), the Safe Drinking 
Water Act (42 U.S.C. 300f et seq.), the Noise Control Act (42 U.S.C. 
4901 et seq.), the Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act (42 U.S.C. 6901 et seq.), the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(42 U.S.C. 9601 et seq.), the Archaeological and Historic Preservation 
Act (Pub. L. 86-523, as amended, repealed, or replaced by Pub. L. 113-
287 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 469 et seq., now 
codified at 54 U.S.C. 312502 et seq.)), the Antiquities Act (formerly 
codified at 16 U.S.C. 431 et seq., now codified 54 U.S.C. 320301 et 
seq.), the Historic Sites, Buildings, and Antiquities Act (formerly 
codified at 16 U.S.C. 461 et seq., now codified at 54 U.S.C. 3201-
320303 & 320101-320106), the Farmland Protection Policy Act (7 U.S.C. 
4201 et seq.), the Federal Land

[[Page 3014]]

Policy and Management Act (Pub. L. 94-579 (43 U.S.C. 1701 et seq.)), 
National Fish and Wildlife Act of 1956 (Pub. L. 84-1024 (16 U.S.C. 
742a, et seq.)), the Fish and Wildlife Coordination Act (Pub. L. 73-121 
(16 U.S.C. 661 et seq.)), the Administrative Procedure Act (5 U.S.C. 
551 et seq.), the Eagle Protection Act (16 U.S.C. 668 et seq.), the 
Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 
et seq.), and the American Indian Religious Freedom Act (42 U.S.C. 
1996).
    This waiver does not repeal the previous waiver published in the 
Federal Register on April 8, 2008 (73 FR 19078). I reserve the 
authority to make further waivers from time to time as I may determine 
to be necessary under section 102 of the IIRIRA, as amended.

    Dated: January 10, 2018.
Kirstjen M. Nielsen,
Secretary of Homeland Security.
[FR Doc. 2018-00996 Filed 1-19-18; 8:45 am]
 BILLING CODE 9111-14-P
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