Authorizing the Kansas City Southern Railway Company To Construct, Connect, Operate, and Maintain Railway Bridge Facilities at the International Boundary Between the United States and Mexico, 47009-47011 [2020-17040]

Agencies

• Executive Office of the President

[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Presidential Documents]
[Pages 47009-47011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17040]




                        Presidential Documents 



Federal Register / Vol. 85, No. 149 / Monday, August 3, 2020 / 
Presidential Documents

[[Page 47009]]


                Presidential Permit of July 29, 2020

                
Authorizing the Kansas City Southern Railway 
                Company To Construct, Connect, Operate, and Maintain 
                Railway Bridge Facilities at the International Boundary 
                Between the United States and Mexico



                By virtue of the authority vested in me as President of 
                the United States of America (the ``President''), I 
                hereby grant this Presidential permit, subject to the 
                conditions herein set forth, to The Kansas City 
                Southern Railway Company (the ``permittee''). The 
                permittee is a Missouri corporation and a wholly owned 
                subsidiary of Kansas City Southern, a Delaware 
                corporation. Permission is hereby granted to the 
                permittee to construct, connect, operate, and maintain 
                certain railway Border facilities, as described herein, 
                at the international border of the United States and 
                Mexico at Laredo, Texas, and Nuevo Laredo, Mexico.

                This permit does not affect the applicability of any 
                otherwise-relevant laws and regulations. As confirmed 
                in Article 2 of this permit, the Border facilities 
                shall remain subject to all such laws and regulations.

                The term ``Facilities,'' as used in this permit, means 
                the portion in the United States of the international 
                railway bridge project--to be constructed adjacent to 
                the existing International Rail Bridge at Laredo, 
                Texas--associated with the permittee's March 3, 2020, 
                application for a Presidential permit, and any land, 
                structures, installations, or equipment appurtenant 
                thereto.

                The term ``Border facilities,'' as used in this permit, 
                means those parts of the Facilities consisting of the 
                railway bridge, its approaches, and any land, 
                structures, installations, or equipment appurtenant 
                thereto.

                This permit is subject to the following conditions:

                    Article 1. The Border facilities herein described, 
                and all aspects of their operation, shall be subject to 
                all the conditions, provisions, and requirements of 
                this permit and any subsequent Presidential amendment 
                to it. This permit may be terminated, revoked, or 
                amended at any time at the sole discretion of the 
                President, with or without advice provided by any 
                executive department or agency (agency). The permittee 
                shall make no substantial change in the Border 
                facilities, in the location of the Border facilities, 
                or in the operation authorized by this permit unless 
                the President has approved the change in an amendment 
                to this permit or in a new permit.
                    Article 2. The standards for, and the manner of, 
                construction, connection, operation, and maintenance of 
                the Border facilities shall be subject to inspection by 
                the representatives of appropriate Federal, State, and 
                local agencies. Officers and employees of such agencies 
                who are duly authorized and performing their official 
                duties shall be granted free and unrestricted access to 
                said Border facilities by the permittee. The Border 
                facilities, including the construction, connection, 
                operation, and maintenance of the Border facilities, 
                shall be subject to all applicable laws and 
                regulations, including laws and regulations governing 
                bridges or railway safety, or issued or administered by 
                the Committee on Foreign Investment in the United 
                States or by the United States Section of the 
                International Boundary and Water Commission.
                    Article 3. Upon the termination, revocation, or 
                surrender of this permit, unless otherwise decided by 
                the President, the permittee, at its own expense,

[[Page 47010]]

                shall remove the Border facilities within such time as 
                the President may specify. If the permittee fails to 
                comply with an order to remove, or to take such other 
                appropriate action with respect to, the Border 
                facilities, the President may direct an appropriate 
                official or agency to take possession of the Border 
                facilities--or to remove the Border facilities or take 
                other action--at the expense of the permittee. The 
                permittee shall have no claim for damages caused by any 
                such possession, removal, or other action.
                    Article 4. When, in the judgment of the President, 
                ensuring the national security of the United States 
                requires entering upon and taking possession of any of 
                the Border facilities or parts thereof, and retaining 
                possession, management, or control thereof for such a 
                length of time as the President may deem necessary, the 
                United States shall have the right to do so, provided 
                that the President or his designee has given due notice 
                to the permittee. The United States shall also have the 
                right thereafter to restore possession and control to 
                the permittee. In the event that the United States 
                exercises the rights described in this article, it 
                shall pay to the permittee just and fair compensation 
                for the use of such Border facilities, upon the basis 
                of a reasonable profit in normal conditions, and shall 
                bear the cost of restoring the Border facilities to 
                their previous condition, less the reasonable value of 
                any improvements that may have been made by the United 
                States.
                    Article 5. Any transfer of ownership or control of 
                the Border facilities, or any part thereof, or any 
                changes to the name of the permittee, shall be 
                immediately communicated in writing to the President or 
                his designee, and shall include information identifying 
                any transferee. Notwithstanding any such transfers or 
                changes, this permit shall remain in force subject to 
                all of its conditions, permissions, and requirements, 
                and any amendments thereto, unless subsequently 
                terminated, revoked, or amended by the President.
                    Article 6. (1) The permittee is responsible for 
                acquiring any right-of-way grants or easements, 
                permits, and other authorizations as may become 
                necessary or appropriate.

(2) The permittee shall hold harmless and indemnify the United States from 
any claimed or adjudged liability arising out of construction, connection, 
operation, or maintenance of the Border facilities, including environmental 
contamination from the release, threatened release, or discharge of 
hazardous substances or hazardous waste.

(3) To ensure the safe operation of the Border facilities, the permittee 
shall maintain them and every part of them in a condition of good repair 
and in compliance with applicable law.

                    Article 7. To the extent authorized by law, the 
                permittee shall provide to U.S. Customs and Border 
                Protection of the Department of Homeland Security and 
                any other relevant United States Government agencies, 
                at no cost to the United States, suitable inspection 
                facilities, at a mutually agreed upon site, for 
                officers and employees of such agencies to perform 
                their duties. The provision of such facilities shall 
                include, to the extent deemed necessary by such 
                agencies, the transfer of title to any such facilities 
                (including the site) to the United States. The 
                inspection facilities shall meet the latest agency 
                design standards and any operational requirements, 
                including facilities for the Rail-Vehicle and Cargo 
                Inspection Systems, inspection and office space, 
                personnel parking and restrooms, utilities, and an 
                access road. To the extent authorized by law, the 
                permittee shall be responsible for any ongoing 
                maintenance or necessary improvements to the inspection 
                facilities, including to comply with updated agency 
                design standards, and for the full cost of providing 
                services at such facilities.
                    Article 8. The permittee shall file with the 
                President or his designee, and with appropriate 
                agencies, such sworn statements or reports with respect 
                to the Border facilities, or the permittee's activities 
                and operations in connection therewith, as are now, or 
                may hereafter, be required under any law or regulation 
                of the United States Government or its agencies. These 
                reporting

[[Page 47011]]

                obligations do not alter the intent that this permit be 
                operative as a directive issued by the President alone.
                    Article 9. Upon request, the permittee shall 
                provide appropriate information to the President or his 
                designee with regard to the Border facilities. Such 
                requests could include, for example, information 
                concerning current conditions or anticipated changes in 
                ownership or control, construction, connection, 
                operation, or maintenance of the Border facilities.
                    Article 10. The permittee shall provide written 
                notice to the President or his designee at the time 
                that the construction authorized by this permit begins, 
                at such time as such construction is completed, 
                interrupted, or discontinued, and at other times as may 
                be requested by the President.
                    Article 11. This permit shall expire 15 years from 
                the date of its issuance if the permittee has not 
                commenced construction of the Border facilities by that 
                date.
                    Article 12. This permit is not intended to, and 
                does not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.

                IN WITNESS WHEREOF, I, DONALD J. TRUMP, President of 
                the United States of America, have hereunto set my hand 
                this twenty-ninth day of July, in the year of our Lord 
                two thousand twenty, and of the Independence of the 
                United States of America the two hundred and forty-
                fifth.
                
                
                    (Presidential Sig.)

[FR Doc. 2020-17040
Filed 7-31-20; 11:15 am]
Billing code 3295-F0-P