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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

American Government Special Collections Reference Desk

American Government

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

Colleen A. Hoey
State Department
11 February 2019


[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

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