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[Federal Register Volume 78, Number 75 (Thursday, April 18, 2013)]
[Notices]
[Pages 23327-23329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09138]

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DEPARTMENT OF STATE

[Public Notice 8278]

Issuance of a Presidential Permit Authorizing the State of 
Michigan to Construct, Connect, Operate, and Maintain at the Border of 
the United States a Bridge Linking Detroit, Michigan, and Windsor, 
Ontario

SUMMARY: The Department of State issued a Presidential Permit to the 
State of Michigan on April 11, 2013, authorizing the permitee to 
construct, connect, operate and maintain at the border of the United 
States a bridge linking Detroit, Michigan and Windsor, Ontario. In 
making this determination, the Department provided public notice of the 
proposed amendment (77 FR 7951, July 11, 2012), offered the opportunity 
for comment and consulted with other federal agencies, as required by 
Executive Order 11423, as amended.

FOR FURTHER INFORMATION CONTACT: Josh Rubin, Canada Border Affairs 
Officer, via email at WHACanInternal@state.gov, by phone at 202 647-
2256 or by mail at Office of Canadian Affairs--Room 1329, Department of 
State, 2201 C St., NW., Washington, DC 20520. Information about 
Presidential permits is available on the Internet at http://www.state.gov/p/wha/rt/permit/.

SUPPLEMENTARY INFORMATION: The following is the text of the issued 
permit:
    By virtue of the authority vested in me as Under Secretary of State 
for Economic Growth, Energy, and the Environment, including those 
authorities under Executive Order 11423, 33 FR 11741, as amended by 
Executive Order 12847 of May 17, 1993, 58 FR 29511, Executive Order 
13284 of January 23, 2003, 68 FR 4075, and Executive Order 13337 of 
April 30, 2004, 69 FR 25299; and 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 (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 (80 Stat. 917, 16 U.S.C. 470f et seq.); 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 State of Michigan (hereinafter 
referred to as ``permittee '') to construct, connect, operate, and 
maintain a new international bridge (the New International Trade 
Crossing) between Detroit, Michigan, and Windsor, Ontario, Canada.
    The term ``facilities'' as used in this permit means the bridge and 
any land, structure, or installations appurtenant thereto, at the 
location set forth in the Preferred Alternative in the ``Detroit River 
International Crossing (DRIC), Wayne County, Michigan, Final 
Environmental Impact Statement and Final Section 4(f) Evaluation'' by 
the U.S. Department of Transportation, Federal Highway Administration 
and Michigan Department of Transportation, dated November 21, 2008, the 
Record of Decision of the Federal Highway Administration dated January 
14, 2009, and the application for a Presidential permit submitted by 
the State of Michigan dated June 18, 2012.
    The term ``United States facilities'' as used in this permit means 
that part of the facilities in the United States.
    This permit is subject to the following conditions:
    Article 1. (1) The United States 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 
United States 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 United 
States facilities shall be in all material respects as described in the 
permitee's June 18, 2012, application for a Presidential Permit (the 
``Application'').
    Article 2. (1) The standards for, and the manner of, the 
construction, operation, and maintenance of the United States 
facilities shall be subject to inspection and approval by the 
representatives of appropriate federal,

[[Page 23328]]

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.
    (2) Prior to initiation of construction, the permittee shall obtain 
the approval of the United States Coast Guard (USCG) in conformity with 
Section 5 of the International Bridge Act of 1972 (33 U.S.C. 535c), 33 
CFR 1.01-60 and Department of Homeland Security Delegation of Authority 
Number 0170.1.
    Article 3. The permittee shall comply with all applicable federal, 
state, and local laws and regulations regarding the construction, 
operation, and maintenance of the United States facilities and with all 
applicable industrial codes. The permittee shall obtain all requisite 
permits from state and local government entities and relevant federal 
agencies.
    Article 4. Upon the termination, revocation, or surrender of this 
permit, and unless otherwise agreed by the Secretary of State or the 
Secretary's delegate, the United States facilities in the immediate 
vicinity of the international boundary shall be removed by and at the 
expense of the permittee within such time as the Secretary of State or 
the Secretary's delegate may specify, and upon failure of the permittee 
to remove this portion of the United States facilities as ordered, the 
Secretary of State or the Secretary's delegate may direct that 
possession of such facilities be taken and that they be removed at the 
expense of the permittee; and the permittee shall have no claim for 
damages by reason of such possession or removal.
    Article 5. If, in the future, it should appear to the Secretaries 
of the Army or Homeland Security (or either Secretary's delegate) or 
the United States Coast Guard that any facilities or operations 
permitted hereunder cause unreasonable obstructions to the free 
navigation of any of the navigable waters of the United States, the 
permittee may be required, upon notice from the Secretary of the Army 
or the Secretary of Homeland Security (or either Secretary's delegate) 
or the United States Coast Guard, to remove or alter such facilities as 
are owned by it so as to render navigation through such waters free and 
unobstructed.
    Article 6. The construction, connection, operation and maintenance 
of the United States facilities hereunder shall be subject to the 
limitations, terms, and conditions issued by any competent agency of 
the U.S. government, including but not limited to the Department of 
Homeland Security (DHS) and the Department of Transportation (DOT). The 
permittee shall continue the operations hereby authorized in exact 
accordance with such limitations, terms, and conditions.
    Article 7. When, in the opinion of the President of the United 
States, the national security of the United States demands it, due 
notice being given by the Secretary of State or the Secretary's 
delegate, the United States shall have the right to enter upon and take 
possession of any of the United States facilities or parts thereof; to 
retain possession, management, or control thereof for such length of 
time as may appear to the President to be necessary; and thereafter to 
restore possession and control to the permittee. In the event that the 
United States shall exercise such right, it shall pay to the permittee 
just and fair compensation for the use of such United States facilities 
upon the basis of a reasonable profit in normal conditions, and the 
cost of restoring said facilities to as good condition as existed at 
the time of entering and taking over the same, less the reasonable 
value of any improvements that may have been made by the United States.
    Article 8. Any transfer of ownership or control of the United 
States facilities or any part thereof shall be immediately notified in 
writing to the United States Department of State, including the 
submission of information identifying the transferee. This permit shall 
remain in force subject to all the conditions, permissions and 
requirements of this permit and any amendments thereto unless 
subsequently terminated or amended by the Secretary of State or the 
Secretary's delegate.
    Article 9. (1) The permittee shall acquire such right -of-way 
grants or easements, permits, and other authorizations as may become 
necessary and appropriate.
    (2) The permittee shall save harmless and indemnify the United 
States from any claimed or adjudged liability arising out of the 
construction, operation, or maintenance of the facilities.
    (3) The permittee shall maintain the United States facilities and 
every part thereof in a condition of good repair for their safe 
operation.
    Article 10. (1) The permittee shall provide to the General Services 
Administration (GSA), at no cost to the federal government, a site that 
is adequate and acceptable to GSA on which to construct border station 
facilities at the United States terminal of the bridge. The permittee 
shall fully comply with all National Environmental Policy Act and 
National Historic Preservation Act mitigation provisions and 
stipulations for transfer of the site to the GSA.
    (2) The permittee shall reach agreement with U.S. Customs and 
Border Protection (CBP) and other U.S. Federal Inspection Agencies on 
the provision of suitable facilities for officers to perform their 
duties. Such facilities shall meet the latest agency design standards 
and operational requirements including as necessary, but not limited 
to, inspection and office space, personnel parking and restrooms, an 
access road, kennels, and other operationally-required components.
    Article 11. (1) The permittee shall take all appropriate measures 
to prevent or mitigate adverse environmental impacts or disruption of 
significant archeological resources in connection with the 
construction, operation, and maintenance of the United States 
facilities, including those mitigation measures set forth in the 
``Final Environmental Impact Statement and Final Section 4(f) 
Evaluation'' by the U.S. Department of Transportation, Federal Highway 
Administration and Michigan Department of Transportation, dated 
November 21, 2008, the Record of Decision of the Federal Highway 
Administration dated January 14, 2009, and any additional measures that 
may be required as a result of any reevaluation of the foregoing 
pursuant to 23 CFR 771.129(b).
    (2) The permittee shall not undertake any change to the design of 
the bridge, or any construction activity, that would result in 
temporary or permanent obstructions affecting the natural level or flow 
of boundary waters before obtaining written confirmation from the 
Department of State that the requirements of the 1909 Treaty Between 
the United States and Great Britain Relating to Boundary Waters, and 
Questions Arising Between the United States and Canada, have been 
satisfied.
    Article 12. The permittee shall file with the appropriate agencies 
of the United States Government such statements or reports under oath 
with respect to the United States facilities, and/or permittee's 
actions in connection therewith, as are now or may hereafter be 
required under any laws or regulations of the U.S. government or its 
agencies.
    Article 13. The permittee shall not begin construction until it has 
been informed that the Government of the United States and the 
Government of Canada have exchanged diplomatic notes confirming that 
both governments authorize for the commencement of such construction. 
The permittee shall provide written notice to the Department of State 
at such time as the construction authorized by this permit

[[Page 23329]]

is begun, and again at such time as construction is completed, 
interrupted, or discontinued.
    Article 14. The Agencies consulted pursuant to Executive Order 
11423, as amended, were notified on March 27, 2013 of the determination 
of the Under Secretary for Economic Growth, Energy, and the Environment 
that issuance of this permit would serve the national interest. 
Pursuant to Executive Order 11423, as amended, this permit shall issue 
on April 12, 2013 provided that none of the Agencies so notified 
objects before that date.
    Article 15. This permit shall expire ten (10) years from the date 
of issuance in the event that the permittee has not commenced 
construction of the United States facilities by that deadline.
    In witness whereof, I, Robert D. Hormats, Under Secretary of State 
for Economic Growth, Energy, and the Environment, have hereunto set my 
hand this 29 day of March 2013 in the City of Washington, District of 
Columbia. End Permit text.

Elizabeth L. Martinez,
Director, Office of Canadian Affairs, Bureau of Western Hemisphere 
Affairs, U.S. Department of State.
[FR Doc. 2013-09138 Filed 4-17-13; 8:45 am]
BILLING CODE 4710-29-P
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