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[Federal Register: August 10, 2010 (Volume 75, Number 153)]
[Notices]               
[Page 48408-48409]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au10-99]                         

[[Page 48408]]

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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 Otay-Tijuana Venture, L.L.C., to 
construct, operate, and maintain an international pedestrian bridge 
called San Diego-Tijuana 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

[[Page 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
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