48408 Federal Register / Vol. 75, No. 153 / Tuesday, August 10, 2010 / Notices 

DEPARTMENT OF STATE 

[Public Notice 7115] 

Issuance of a Presidential Permit 

Authorizing the Construction, 

Operation, and Maintenance of the San 

Diego-Tijuana Airport Cross Border 

Facility Near San Diego, California, at 

the International Boundary Between 

the United States and Mexico 

SUMMARY: The Department of State 

issued a Presidential permit, effective 

August 3, 2010, authorizing OtayTijuana Venture, L.L.C., to construct, 

operate, and maintain an international 

pedestrian bridge called San DiegoTijuana Airport Cross Border Facility 

near San Diego, California, at the 

international boundary between the 

United States and Mexico. In making 

this determination, the Department 

consulted with other federal agencies, as 

required by Executive Order 11423, as 

amended. 

FOR FURTHER INFORMATION CONTACT: 

Stewart Tuttle, U.S.-Mexico Border 

Affairs Coordinator, via e-mail at WHA– 

BorderAffairs@state.gov; by phone at 

202–647–9894; or by mail at Office of 

Mexican Affairs—Room 3909, 

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: Following 

is the text of the issued permit: 

By virtue of the authority vested in me as 

Under Secretary of State for Economic, 

Energy, and Agricultural Affairs, 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 in accordance 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 in 

accordance 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 Otay-Tijuana 

Venture, LLC (hereinafter referred to as 

‘‘permittee’’) to construct, operate, and 

maintain a new international pedestrian 

bridge (the proposed San Diego-Tijuana 

Airport Cross Border Facility) connecting in 

Mexico to the Tijuana International Airport. 

The term ‘‘facilities’’ as used in this permit 

means the bridge and any land, structure, or 

installations appurtenant thereto. 

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. 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. 

Article 2. 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, 

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 United 

States facilities and with all applicable 

industrial codes. The permittee shall obtain 

the 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. This permit and the operation of 

the United States facilities hereunder shall be 

subject to the limitations, terms, and 

conditions issued by any competent agency 

of the United States Government, including 

but not limited to the Department Of 

Homeland Security (DHS) and the United 

States Section of the International Boundary 

and Water Commission (USIBWC). This 

permit shall continue in force and effect only 

so long as the permittee shall continue the 

operations hereby authorized in exact 

accordance with such limitations, terms, and 

conditions. 

Article 6. 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 7. 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 8. (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 9. The permittee shall reach 

agreement with U.S. Customs and Border 

Protection (CBP) on the provision of suitable 

facilities for the CBP officers to perform their 

duties at the Cross Border Facility. Such 

facilities must meet the latest CBP design 

standards -and-operational requirements 

which-could-include, but are not limited to, 

inspection and office space, CBP personnel 

parking and restrooms, an access road, 

kennels, and other operationally required 

components. 

Article 10. (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 Assessment and in the 

Department’s Finding of No Significant 

Impact (FONSI) dated June 22, 2010. 

(2) Before beginning construction, the 

permittee shall obtain the concurrence of the 

Commissioner of the USIBWC that the 

project is consistent with the terms of 

boundary and water treaties between the 

United States and Mexico and other relevant 

international agreements in force. 

Article 11. The permittee shall file with the 

appropriate agencies of the United States 

Government such statements or reports under 


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Federal Register / Vol. 75, No. 153 / Tuesday, August 10, 2010 / Notices 48409 

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 United States Government 

or its agencies. 

Article 12. The permittee shall not begin 

construction until it has obtained 

authorization for such construction from the 

Government of the United States and from 

the Government of Mexico through the 

exchange of diplomatic notes. The permittee 

shall provide written notice to the 

Department of State at such time as the 

construction authorized by this permit is 

begun, and again at such time as construction 

is completed, interrupted, or discontinued. 

Article 13. This permit shall expire ten 

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, 

Energy, and Agricultural Affairs, have 

hereunto set my hand this 15th day of July 

2010 in the City of Washington, District of 

Columbia. 

End Permit text. 

Dated: August 4, 2010. 

Alex Lee, 

Director, Office of Mexican Affairs, 

Department of State. 

[FR Doc. 2010–19725 Filed 8–9–10; 8:45 am] 

BILLING CODE 4710–29–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. EP 698] 

Establishment of the Toxic by 

Inhalation Hazard Common Carrier 

Transportation Advisory Committee 

AGENCY: Surface Transportation Board. 

ACTION: Notice of establishment of the 

Toxic by Inhalation Hazard Common 

Carrier Transportation Advisory 

Committee. 

SUMMARY: As required by § 9(a)(2) of the 

Federal Advisory Committee Act 

(FACA), 5 U.S.C. app., the Surface 

Transportation Board hereby gives 

notice that, following consultation with 

the General Services Administration, 

the Board will create the Toxic by 

Inhalation Hazard Common Carrier 

Transportation Advisory Committee 

(TIHCCTAC), to provide independent 

advice and policy suggestions to the 

Board on issues related to the common 

carrier obligation with respect to the rail 

transportation of toxic by inhalation 

hazards (TIH), and specifically, to 

outline what is a railroad’s reasonable 

response to a shipper’s request that it 

transport TIH cargo. The TIHCCTAC 

will convene for a two-year period 

during which the Board anticipates it 

will produce a report that will include 

a recommended policy statement for 

further consideration by the Board. The 

Board may renew the TIHCCTAC 

charter if the Board deems it advisable. 

This notice seeks comments on the 

proposed TIHCCTAC structure, as 

outlined below. It also requests 

nominations for members of the 

TIHCCTAC. 

In the context of its proposed 

structure, outlined below, the Board 

seeks input from interested persons on 

a number of issues, including: (1) What 

should be the appropriate scope of such 

a committee’s mandate? (2) How would 

the scope of the committee’s mandate 

affect its utility? (3) What would be the 

optimum size of such a committee? and 

(4) How should the committee’s 

membership be allocated among various 

stakeholder groups to achieve a fairly 

balanced ‘‘cross section of those directly 

affected, interested, and qualified,’’ as 

required under FACA, 41 CFR 102– 

3.60(b)(3). 

DATES: Comments regarding the 

proposed TIHCCTAC structure and 

scope must be received by 5 p.m. E.D.T., 

Friday, September 24, 2010. 

Nominations for members must be 

received by 5 p.m. E.D.T., Monday, 

October 25, 2010. 

ADDRESSES: All comments and 

nominations should be submitted to the 

Board, and may be submitted either via 

the Board’s e-filing format or in the 

traditional paper format. Any person 

using e-filing should comply with the 

instructions at the E-FILING link on the 

Board’s Web site, at http:// 

www.stb.dot.gov. Any person submitting 

a nomination in the traditional paper 

format should send an original and 10 

copies to: Surface Transportation Board, 

Attn: STB Ex Parte No. 698, 395 E 

Street, SW., Washington, DC 20423– 

0001. 

FOR FURTHER INFORMATION CONTACT: 

Ronald Molteni, Office of the General 

Counsel, at 202–245–0267. [Assistance 

for the hearing impaired is available 

through the Federal Information Relay 

Service (FIRS) at 1–800–877–8339.] 

SUPPLEMENTARY INFORMATION: The 

Board, created by Congress in 1996 to 

take over many of the functions 

previously performed by the Interstate 

Commerce Commission, exercises broad 

authority over transportation by rail 

carriers, including regulation of railroad 

rates and service (49 U.S.C. 10701– 

10747, 11101–11124), as well as the 

construction, acquisition, operation, and 

abandonment of rail lines (49 U.S.C. 

10901–10907) and railroad line sales, 

consolidations, mergers, and common 

control arrangements (49 U.S.C. 10902, 

11323–11327). As part of its regulatory 

function, the Board oversees the 

common carrier obligation. 

The common carrier obligation refers 

to the statutory duty of railroads to 

provide ‘‘transportation or service on 

reasonable request.’’ 49 U.S.C. 11101(a). 

A railroad may not refuse to provide 

service merely because to do so would 

be inconvenient or unprofitable. G.S. 

Roofing Prods. Co. v. STB, 143 F.3d 387, 

391 (8th Cir. 1998). The common carrier 

obligation, however, is not absolute, and 

service requests must be reasonable. Id. 

In recent years, the Board has seen an 

increasing number of questions arising, 

both formally and informally, regarding 

the extent of a railroad’s common carrier 

obligation. As a result, in its docket 

styled, Common Carrier Obligation of 

Railroads, EP 677, the Board held a 

hearing on April 24–25, 2008, to hear 

comments from interested parties on the 

common carrier obligation and to 

provide a forum for discussion of that 

obligation. 

That hearing raised issues involving 

the obligation of railroads to haul 

hazardous materials, including toxic by 

inhalation hazards. For many hazardous 

materials, including TIH, rail is the 

safest and most efficient mode of 

transportation. But, according to the 

railroads, the transportation of these 

materials subjects them to the potential 

for extremely high liability in the event 

of an accident. 

Consequently, to allow a more 

detailed discussion, the Board opened 

another docket styled, Common Carrier 

Obligation of Railroads—Transportation 

of Hazardous Materials, EP 677 (SubNo. 1), and held a hearing on July 22, 

2008, to further explore the issues 

surrounding the transportation of 

hazardous materials by rail. At that 

hearing, the Board heard testimony that 

touched on, among other things, specific 

potential policy solutions to the liability 

concern. 

In EP 677 (Sub-No. 1), the Board 

invited parties to comment on what 

constitutes a reasonable request for 

service involving the movement of TIH, 

as well as whether there are unique 

costs associated with the transportation 

of hazardous materials, and if so, how 

railroads recover those costs. 

The American Association of 

Railroads (AAR) suggested that the 

Board adopt the following policy 

statement: 

It would not be an unreasonable practice 

for a rail carrier, under the provisions of 49 

U.S.C. 11101(a) and 49 U.S.C. 10702, to 

require (if it elected to), as a condition of 

providing common carrier transportation 


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