Issuance of Presidential Permit to the General Services Administration to Construct, Operate, and Maintain a Vehicular and Pedestrian Border Crossing Called “Otay Mesa East” Near San Diego, California, at the International Boundary Between the United States and Mexico, 3270-3272 [2019-01828]
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3270
Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Notices
safeguards, appropriate disclosure to
Subadvised Funds’ shareholders and
notification about sub-advisory changes
and enhanced Board oversight to protect
the interests of the Subadvised Funds’
shareholders.
4. Section 6(c) of the Act provides that
the Commission may exempt any
person, security, or transaction or any
class or classes of persons, securities, or
transactions from any provisions of the
Act, or any rule thereunder, if such
relief is necessary or appropriate in the
public interest and consistent with the
protection of investors and purposes
fairly intended by the policy and
provisions of the Act. Applicants
believe that the requested relief meets
this standard because, as further
explained in the application, the
Investment Management Agreement will
remain subject to shareholder approval,
while the role of the Sub-Advisers is
substantially equivalent to that of
individual portfolio managers, so that
requiring shareholder approval of SubAdvisory Agreements would impose
unnecessary delays and expenses on the
Subadvised Funds. Applicants believe
that the requested relief from the
Disclosure Requirements meets this
standard because it will improve the
Adviser’s ability to negotiate fees paid
to the Sub-Advisers that are more
advantageous for the Subadvised Funds.
Economic Injury (EIDL) Loan
Application Deadline Date: 10/31/2019.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW, Suite 6050,
Washington, DC 20416, (202) 205–6734.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
President’s major disaster declaration on
01/31/2019, Private Non-Profit
organizations that provide essential
services of a governmental nature may
file disaster loan applications at the
address listed above or other locally
announced locations.
The following areas have been
determined to be adversely affected by
the disaster:
Primary Counties: Alamance,
Brunswick, Caswell, Chatham,
Dare, Davidson, Davie, Forsyth,
Granville, Hyde, Iredell, McDowell,
Montgomery, Orange, Person,
Randolph, Rockingham, Stokes,
Surry, Vance, Yadkin
The Interest Rates are:
For the Commission, by the Division of
Investment Management, under delegated
authority.
Eduardo A. Aleman,
Deputy Secretary.
For Physical Damage:
Non-Profit Organizations With
Credit Available Elsewhere ...
Non-Profit Organizations Without Credit Available Elsewhere .....................................
For Economic Injury:
Non-Profit Organizations Without Credit Available Elsewhere .....................................
[FR Doc. 2019–01890 Filed 2–8–19; 8:45 am]
BILLING CODE 8011–01–P
Percent
2.500
2.500
U.S. Small Business
Administration.
ACTION: Notice.
AGENCY:
(Catalog of Federal Domestic Assistance
Number 59008)
Rafaela Monchek,
Acting Associate Administrator for Disaster
Assistance.
[FR Doc. 2019–01858 Filed 2–8–19; 8:45 am]
BILLING CODE 8025–01–P
This is a Notice of the
Presidential declaration of a major
disaster for Public Assistance Only for
the State of North Carolina (FEMA–
4412–DR), dated 01/31/2019.
Incident: Tropical Storm Michael.
Incident Period: 10/10/2018 through
10/12/2018.
DATES: Issued on 01/31/2019.
Physical Loan Application Deadline
Date: 04/01/2019.
SUMMARY:
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18:05 Feb 08, 2019
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This is an amendment of the
Presidential declaration of a major
disaster for the State of California
(FEMA–4407–DR), dated 11/12/2018.
Incident: Wildfires.
Incident Period: 11/08/2018 through
11/25/2018.
DATES: Issued on 01/30/2019.
Physical Loan Application Deadline
Date: 02/15/2019.
Economic Injury (EIDL) Loan
Application Deadline Date: 08/12/2019.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW, Suite 6050,
Washington, DC 20416, (202) 205–6734.
SUPPLEMENTARY INFORMATION: The notice
of the President’s major disaster
declaration for the State of California,
dated 11/12/2018, is hereby amended to
extend the deadline for filing
applications for physical damages as a
result of this disaster to 02/15/2019.
All other information in the original
declaration remains unchanged.
SUMMARY:
(Catalog of Federal Domestic Assistance
Number 59008)
Rafaela Monchek,
Acting Associate Administrator for Disaster
Assistance.
BILLING CODE 8025–01–P
DEPARTMENT OF STATE
[Public Notice: 10671]
The number assigned to this disaster
for physical damage is 15863B and for
economic injury is 158640.
Presidential Declaration of a Major
Disaster for Public Assistance Only for
the State of North Carolina
Amendment 3.
[FR Doc. 2019–01860 Filed 2–8–19; 8:45 am]
2.500
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #15863 and #15864;
NORTH CAROLINA Disaster Number NC–
00104]
ACTION:
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #15798 and #15799;
California Disaster Number CA–00295]
Presidential Declaration Amendment of
a Major Disaster for the State of
California
U.S. Small Business
Administration.
AGENCY:
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Issuance of Presidential Permit to the
General Services Administration to
Construct, Operate, and Maintain a
Vehicular and Pedestrian Border
Crossing Called ‘‘Otay Mesa East’’ Near
San Diego, California, at the
International Boundary Between the
United States and Mexico
The Under Secretary of State
for Political Affairs issued a Presidential
permit to the General Services
Administration on November 19, 2018,
authorizing it to construct, operate, and
maintain the Otay Mesa East border
crossing at the international boundary
between the United States and Mexico.
Prior to the Under Secretary’s
determination, other Federal Agency
heads were consulted, as required by
Executive Order 11423, as amended.
Public comments on the proposed
SUMMARY:
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Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Notices
permit were solicited (83 FR 5504,
February 7, 2018).
FOR FURTHER INFORMATION CONTACT:
Contact Tammy Baker at 202–647–9894
or the Office of Mexican Affairs’ Border
Affairs Unit via email at
WHABorderAffairs@state.gov, or by
mail at Office of Mexican Affairs—Room
3924, Department of State, 2201 C St.
NW, Washington, DC 20520.
SUPPLEMENTARY INFORMATION: The
following is the text of the issued
permit:
Presidential Permit
Authorizing the General Services
Administration to Construct, Operate,
and Maintain a Vehicular and
Pedestrian Border Crossing Called
‘‘Otay Mesa East’’ Near San Diego,
California, at the International
Boundary Between the United States
and Mexico
By virtue of the authority vested in
the Secretary of State by 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); and delegated to the
Under Secretary of State for Political
Affairs pursuant to Department of State
Delegation of Authority 118–2 of
January 26, 2006; having considered the
environmental effects of the proposed
action consistent with the National
Environmental Policy Act of 1969, as
amended (83 Stat. 852, 42 U.S.C. 4321
et seq.), and other statutes relating to
environmental concerns; having
considered the proposed action
consistent with the National Historic
Preservation Act of 1966, as amended
(80 Stat. 917, 16 U.S.C. 470f et seq.);
taking into account the Existing Permit
issued to the General Services
Administration on November 20, 2008
(‘‘Existing Permit’’); and having
requested and received the views of
various of the federal departments and
other interested persons; I hereby grant
permission, subject to the conditions
herein set forth, to the General Services
Administration (hereinafter referred to
as ‘‘permittee’’), to construct, operate,
and maintain a new commercial vehicle,
passenger vehicle, and pedestrian land
border crossing (hereinafter referred to
as Otay Mesa East POE) approximately
two miles east of the existing Otay Mesa
border crossing near San Diego,
California.
The term ‘‘facilities’’ as used in this
permit means the facilities proposed to
be constructed at the Otay Mesa East
POE near San Diego, California. These
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Jkt 247001
facilities are likely to consist of the
following improvements and structures,
as described in the California
Department of Transportation’s
(Caltrans) November 22, 2017
application for a Presidential permit
(the ‘‘Application’’).
• Inspection and X-Ray Facilities
• Containment Areas and Docks
• Commercial Inspection Building with
Import and Export Docks
• Export Inspection
• Main Administrative Building with
Pedestrian Facilities
• Entry and Exit Control Booths and
related improvements
• Roadways and related Infrastructure,
Pathways, Parking Lots, and related
Lots
• Landscaping
• Ancillary Support Facilities
• Commercial Cargo and Passenger
Vehicle lanes
• Fiber Optic Cables
• Related Improvements and
Infrastructure
This permit is subject to the following
conditions:
Article 1. (1) The U.S. 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 U.S.
facilities or in the operation authorized
by this permit until such changes have
been approved by the Secretary of State
or the Secretary’s delegate.
(2) The construction, operation, and
maintenance of the facilities shall be in
all material respects as described in the
Application and, to the extent not
inconsistent with that Application, the
application for Existing Permit.
Article 2. The standards for, and the
manner of, the construction, operation,
and maintenance of the U.S. facilities
shall be subject to inspection and
approval by the representatives of
appropriate federal, state, and local
agencies. The permittee shall allow duly
authorized officers and employees of
such agencies free and unrestricted
access to said facilities in the
performance of their official duties.
Article 3. The permittee shall comply
with all applicable federal, state, and
local laws and regulations regarding the
construction, operation, and
maintenance of the U.S. facilities and
with all applicable industrial codes. The
PO 00000
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Fmt 4703
Sfmt 4703
3271
permittee shall obtain all requisite
permits from the relevant Mexican
authorities as well as from the relevant
state and local government entities and
relevant federal agencies.
Article 4. In the event that the Otay
Mesa East POE is permanently closed
and is no longer used as an international
crossing, this permit shall terminate and
the permittee may manage, utilize, or
dispose of the facilities in accordance
with its statutory authorities.
Article 5. As authorized by applicable
federal laws and regulations, the
permittee is a federal agency that is
responsible for managing and operating
the existing Otay Mesa border crossing
and, upon acceptance of the facilities by
the United States of America, the Otay
Mesa East POE. This permit shall
continue in full force and effect for only
so long as the permittee shall continue
the operations hereby authorized.
Article 6. This Article applies to
transfer of the facilities or any part
thereof as an operating land border
crossing. The permittee shall
immediately notify the United States
Department of State (‘‘Department’’) of
any decision to transfer custody and
control of the facilities or any part
thereof to any other agency or
department of the United States
Government. Said notice shall identify
the transferee agency or department and
seek the approval of the Department for
the transfer of the permit. In the event
of approval by the Department of such
transfer of custody and control to
another agency or department of the
United States Government, the permit
shall remain in force and effect, and the
facilities shall be subject to all the
conditions, permissions, and
requirements of this permit and any
amendments thereof. The permittee may
transfer ownership or control of the
facilities to a non-federal entity or
individual only upon the prior express
approval of such transfer by the
Department, which approval may
include such conditions, permissions,
and requirements that the Secretary, in
his discretion, determines are
appropriate and necessary for inclusion
in the permit, to be effective on the date
of transfer.
Article 7. (1) The permittee or its
agent shall acquire such right-of-way
grants or easements and permits as may
become necessary and appropriate.
(2) The permittee shall maintain the
U.S. facilities and every part.
(3) Before issuing, or causing the
issuance of, the notice to proceed for
construction, the permittee or its agent
shall obtain the concurrence of the U.S.
Section of the International Boundary
and Water Commission.
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Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Notices
Article 8. The permittee shall file any
applicable statements and reports that
might be required by applicable federal
law in connection with this project.
Article 9. The permittee shall 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 U.S. facilities, including those
mitigation measures set forth in the
2007 Programmatic Environmental Tier
I EIR/EIS and the 2012 Tier II Final EIR/
EIS.
Article 10. The permittee shall not
begin construction until it has been
informed that the Government of the
United States and the Government of
Mexico have exchanged diplomatic
notes confirming that both governments
authorized the commencement of
construction of the new POE.
Article 11. The permittee shall
provide written notice to the
Department at such time as the
construction authorized by this permit
has begun and again at such time as
construction is completed, interrupted
for more than 90 days, or discontinued.
Article 12. This permit is not intended
to, and does not, create any right,
benefit, or trust responsibility,
substantive or procedural, enforceable at
law or in equity, by any party against
the United States, its departments,
agencies, instrumentalities or entities,
its officers or employees, in their
individual or official capacities, or any
other person. The issuance of this
permit does not create any obligation on
the part of the permittee or the United
States of America to construct, operate,
maintain, fund, or accept the donation
of all or any portion of the Otay Mesa
East POE; provided, however, if the
permittee does operate the facilities
then it will do so in accordance with the
terms and conditions of this permit.
Article 13. This permit shall expire 10
years from the date of issuance in the
event that the permittee has neither
issued nor caused to be issued the
notice to proceed for construction
activities.
In witness whereof, I, Under Secretary of
State for Political Affairs, have hereunto set
my hand this 19 day of November 2018, in
the City of Washington, District of Columbia.
David Hale,
Under Secretary of State for Political Affairs
End of permit text.
Colleen A. Hoey,
Director, Office of Mexican Affairs,
Department of State.
[FR Doc. 2019–01828 Filed 2–8–19; 8:45 am]
BILLING CODE 4710–29–P
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36239]
Delmarva Central Railroad Company—
Modified Rail Certificate
On November 21, 2018, Delmarva
Central Railroad Company (DCR), a
Class III rail carrier,1 filed a notice for
a modified certificate of public
convenience and necessity under 49
CFR pt. 1150 subpart C—Modified
Certificate of Public Convenience and
Necessity, to operate over two lines
(together, the Lines) owned by the
Delaware Transit Corporation, an
operating division of the Delaware
Department of Transportation (the
State). The first line is approximately
6.75 miles in length and is located
between milepost 24.42 at Georgetown,
Del., and milepost 31.17 at Harbeson,
Del. (Lewes Running Track). The second
line is approximately 4.92 miles in
length and is located between milepost
0.00 at Ellendale, Del., and milepost
4.92 at Milton, Del. (Milton Industrial
Track).2
DCR states that the Lewes Running
Track previously was owned by a
component of the Penn Central
Transportation Company (PCTC) and
abandoned pursuant to section 304 of
the Regional Rail Reorganization Act of
1973, 45 U.S.C. 744. According to DCR,
the Milton Industrial Track also was
owned by PCTC but was transferred to
Consolidated Rail Corporation (Conrail),
which subsequently abandoned it as
authorized in Conrail Abandonment
Between Ellendale & Milton, Del., AB
167 (Sub-No. 188N) (ICC served Mar. 26,
1982).3 DCR indicates that the State
acquired the Lines after they were
abandoned, and it contracted with
Delaware Coast Line Railroad Company
(DCLR) to operate them under a
modified certificate of public
convenience and necessity. See Del.
Coast Line R.R.—Modified Rail
Certificate, FD 30035 (ICC served Sept.
22, 1982). On November 13, 2018, DCLR
filed notice, pursuant to 49 CFR
1 DCR operates approximately 177 miles of rail
line on the Delmarva Peninsula in Delaware,
Maryland, and Virginia. See Delmarva Cent. R.R.—
Change in Operator Exemption—Cassatt Mgmt.,
LLC, FD 36196 (STB served June 4, 2018); Delmarva
Cent. R.R.—Lease & Operation Exemption with
Interchange Commitment—Norfolk S. Ry., FD
36071 (STB served Dec. 2, 2016).
2 DCR states that outer extensions of the Lewes
Running Track and the Milton Industrial Track that
were previously served by prior operators pursuant
to modified certificates are no longer active and are
not included in its notice for a modified certificate.
3 In its notice, DCR indicates that the Interstate
Commerce Commission served the abandonment
authorization on April 21, 1982 and August 4, 1982;
however, it appears that abandonment
authorization was first served on March 26, 1982.
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1150.24, of its intent to discontinue rail
service over the Lines in Docket No. FD
30035.
On May 25, 2018, DCR and the State
signed an operating agreement, which
authorizes DCR to provide service on
the Lines from January 1, 2019, to
December 31, 2023, with one five-year
renewal option. DCR’s notice includes a
copy of the operating agreement. (See
Notice Ex. B.)
According to DCR, the sole interline
connections for the Lines are with DCR,
at Georgetown for the Lewes Running
Track and at Ellendale for the Milton
Industrial Track. DCR states that it
intends to provide rail service on the
Lines up to five days per week.
The Lines qualify for a modified
certificate of public convenience and
necessity. See Common Carrier Status of
States, State Agencies &
Instrumentalities & Political
Subdivisions, FD 28990F (ICC served
July 16, 1981); 49 CFR 1150.22.
DCR states that no subsidy is involved
and there are no preconditions that
shippers must meet to receive rail
service and provides information
regarding the nature and extent of its
liability insurance coverage. See 49 CFR
1150.23(b)(4)–(5).
This notice will be served on the
Association of American Railroads (Car
Service Division), as agent for all
railroads subscribing to the car-service
and car-hire agreement, at 425 Third
Street SW, Suite 1000, Washington, DC
20024; and on the American Short Line
and Regional Railroad Association at 50
F Street NW, Suite 7020, Washington,
DC 20001.
Board decisions and notices are
available at www.stb.gov.
Decided: February 6, 2019.
By the Board, Allison C. Davis, Acting
Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2019–01815 Filed 2–8–19; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions
on Proposed Highways in Nevada
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of Limitation on Claims
for Judicial Review of Actions by FHWA
and Other Federal Agencies.
AGENCY:
This notice announces actions
taken by FHWA and other Federal
agencies that are final. The actions
SUMMARY:
E:\FR\FM\11FEN1.SGM
11FEN1
]]>Agencies
[Federal Register Volume 84, Number 28 (Monday, February 11, 2019)]
[Notices]
[Pages 3270-3272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01828]
=======================================================================
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DEPARTMENT OF STATE
[Public Notice: 10671]
Issuance of Presidential Permit to the General Services
Administration to Construct, Operate, and Maintain a Vehicular and
Pedestrian Border Crossing Called ``Otay Mesa East'' Near San Diego,
California, at the International Boundary Between the United States and
Mexico
SUMMARY: The Under Secretary of State for Political Affairs issued a
Presidential permit to the General Services Administration on November
19, 2018, authorizing it to construct, operate, and maintain the Otay
Mesa East border crossing at the international boundary between the
United States and Mexico. Prior to the Under Secretary's determination,
other Federal Agency heads were consulted, as required by Executive
Order 11423, as amended. Public comments on the proposed
[[Page 3271]]
permit were solicited (83 FR 5504, February 7, 2018).
FOR FURTHER INFORMATION CONTACT: Contact Tammy Baker at 202-647-9894 or
the Office of Mexican Affairs' Border Affairs Unit via email at
WHABorderAffairs@state.gov, or by mail at Office of Mexican Affairs--
Room 3924, Department of State, 2201 C St. NW, Washington, DC 20520.
SUPPLEMENTARY INFORMATION: The following is the text of the issued
permit:
Presidential Permit
Authorizing the General Services Administration to Construct, Operate,
and Maintain a Vehicular and Pedestrian Border Crossing Called ``Otay
Mesa East'' Near San Diego, California, at the International Boundary
Between the United States and Mexico
By virtue of the authority vested in the Secretary of State by
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); and delegated to the Under
Secretary of State for Political Affairs pursuant to Department of
State Delegation of Authority 118-2 of January 26, 2006; having
considered the environmental effects of the proposed action consistent
with the National Environmental Policy Act of 1969, as amended (83
Stat. 852, 42 U.S.C. 4321 et seq.), and other statutes relating to
environmental concerns; having considered the proposed action
consistent with the National Historic Preservation Act of 1966, as
amended (80 Stat. 917, 16 U.S.C. 470f et seq.); taking into account the
Existing Permit issued to the General Services Administration on
November 20, 2008 (``Existing Permit''); and having requested and
received the views of various of the federal departments and other
interested persons; I hereby grant permission, subject to the
conditions herein set forth, to the General Services Administration
(hereinafter referred to as ``permittee''), to construct, operate, and
maintain a new commercial vehicle, passenger vehicle, and pedestrian
land border crossing (hereinafter referred to as Otay Mesa East POE)
approximately two miles east of the existing Otay Mesa border crossing
near San Diego, California.
The term ``facilities'' as used in this permit means the facilities
proposed to be constructed at the Otay Mesa East POE near San Diego,
California. These facilities are likely to consist of the following
improvements and structures, as described in the California Department
of Transportation's (Caltrans) November 22, 2017 application for a
Presidential permit (the ``Application'').
Inspection and X-Ray Facilities
Containment Areas and Docks
Commercial Inspection Building with Import and Export Docks
Export Inspection
Main Administrative Building with Pedestrian Facilities
Entry and Exit Control Booths and related improvements
Roadways and related Infrastructure, Pathways, Parking Lots,
and related Lots
Landscaping
Ancillary Support Facilities
Commercial Cargo and Passenger Vehicle lanes
Fiber Optic Cables
Related Improvements and Infrastructure
This permit is subject to the following conditions:
Article 1. (1) The U.S. 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
U.S. facilities or in the operation authorized by this permit until
such changes have been approved by the Secretary of State or the
Secretary's delegate.
(2) The construction, operation, and maintenance of the facilities
shall be in all material respects as described in the Application and,
to the extent not inconsistent with that Application, the application
for Existing Permit.
Article 2. The standards for, and the manner of, the construction,
operation, and maintenance of the U.S. facilities shall be subject to
inspection and approval by the representatives of appropriate federal,
state, and local agencies. The permittee shall allow duly authorized
officers and employees of such agencies free and unrestricted access to
said facilities in the performance of their official duties.
Article 3. The permittee shall comply with all applicable federal,
state, and local laws and regulations regarding the construction,
operation, and maintenance of the U.S. facilities and with all
applicable industrial codes. The permittee shall obtain all requisite
permits from the relevant Mexican authorities as well as from the
relevant state and local government entities and relevant federal
agencies.
Article 4. In the event that the Otay Mesa East POE is permanently
closed and is no longer used as an international crossing, this permit
shall terminate and the permittee may manage, utilize, or dispose of
the facilities in accordance with its statutory authorities.
Article 5. As authorized by applicable federal laws and
regulations, the permittee is a federal agency that is responsible for
managing and operating the existing Otay Mesa border crossing and, upon
acceptance of the facilities by the United States of America, the Otay
Mesa East POE. This permit shall continue in full force and effect for
only so long as the permittee shall continue the operations hereby
authorized.
Article 6. This Article applies to transfer of the facilities or
any part thereof as an operating land border crossing. The permittee
shall immediately notify the United States Department of State
(``Department'') of any decision to transfer custody and control of the
facilities or any part thereof to any other agency or department of the
United States Government. Said notice shall identify the transferee
agency or department and seek the approval of the Department for the
transfer of the permit. In the event of approval by the Department of
such transfer of custody and control to another agency or department of
the United States Government, the permit shall remain in force and
effect, and the facilities shall be subject to all the conditions,
permissions, and requirements of this permit and any amendments
thereof. The permittee may transfer ownership or control of the
facilities to a non-federal entity or individual only upon the prior
express approval of such transfer by the Department, which approval may
include such conditions, permissions, and requirements that the
Secretary, in his discretion, determines are appropriate and necessary
for inclusion in the permit, to be effective on the date of transfer.
Article 7. (1) The permittee or its agent shall acquire such right-
of-way grants or easements and permits as may become necessary and
appropriate.
(2) The permittee shall maintain the U.S. facilities and every
part.
(3) Before issuing, or causing the issuance of, the notice to
proceed for construction, the permittee or its agent shall obtain the
concurrence of the U.S. Section of the International Boundary and Water
Commission.
[[Page 3272]]
Article 8. The permittee shall file any applicable statements and
reports that might be required by applicable federal law in connection
with this project.
Article 9. The permittee shall 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 U.S. facilities, including those mitigation
measures set forth in the 2007 Programmatic Environmental Tier I EIR/
EIS and the 2012 Tier II Final EIR/EIS.
Article 10. The permittee shall not begin construction until it has
been informed that the Government of the United States and the
Government of Mexico have exchanged diplomatic notes confirming that
both governments authorized the commencement of construction of the new
POE.
Article 11. The permittee shall provide written notice to the
Department at such time as the construction authorized by this permit
has begun and again at such time as construction is completed,
interrupted for more than 90 days, or discontinued.
Article 12. This permit is not intended to, and does not, create
any right, benefit, or trust responsibility, substantive or procedural,
enforceable at law or in equity, by any party against the United
States, its departments, agencies, instrumentalities or entities, its
officers or employees, in their individual or official capacities, or
any other person. The issuance of this permit does not create any
obligation on the part of the permittee or the United States of America
to construct, operate, maintain, fund, or accept the donation of all or
any portion of the Otay Mesa East POE; provided, however, if the
permittee does operate the facilities then it will do so in accordance
with the terms and conditions of this permit.
Article 13. This permit shall expire 10 years from the date of
issuance in the event that the permittee has neither issued nor caused
to be issued the notice to proceed for construction activities.
In witness whereof, I, Under Secretary of State for Political
Affairs, have hereunto set my hand this 19 day of November 2018, in
the City of Washington, District of Columbia.
David Hale,
Under Secretary of State for Political Affairs
End of permit text.
Colleen A. Hoey,
Director, Office of Mexican Affairs, Department of State.
[FR Doc. 2019-01828 Filed 2-8-19; 8:45 am]
BILLING CODE 4710-29-P
