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 |
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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