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[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Notices]
[Pages 43225-43228]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18118]

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DEPARTMENT OF STATE

[Public Notice 7094]

Finding of No Significant Impact: San Diego-Tijuana Airport Cross 
Border Facility

SUMMARY: The Department of State announces a finding of no significant 
impact on the environment for the San Diego-Tijuana Airport Cross 
Border Facility international pedestrian bridge project sponsored by 
Otay-Tijuana Venture, L.L.C. An environmental impact statement will not 
be prepared.

FOR FURTHER INFORMATION CONTACT: Stewart Tuttle, U.S.-Mexico Border 
Affairs Coordinator, via e-mail at WHA-BorderAffairs@state.gov; by 
phone at 202-647-6356; 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: The following is the text of the Finding of 
No Significant Impact:

Introduction

    Under Executive Order 11423, as amended, the Secretary of State is 
authorized to issue Presidential permits for the construction, 
connection, operation, and maintenance of facilities, including 
international bridges, at the borders of the United States if she finds 
them to be in the national interest. In 2009, Otay-Tijuana Venture, LLC 
(sponsor) applied for a Presidential permit to construct, operate, and 
maintain the Cross Border Facility (CBF) project, an international 
pedestrian bridge across the United States-Mexico border linking a 
passenger facility in the Otay Mesa section of San Diego, California, 
with a commercial passenger airport terminal in Tijuana, Baja 
California, Mexico. The Department has determined that construction of 
the proposed bridge requires a Presidential permit under Executive 
Order 11423, as amended, because the proposed bridge would pierce the 
United States-Mexico border.
    The sponsor submitted in support of its application a draft 
environmental assessment (EA) that Helix Environmental Planning, Inc. 
prepared under the guidance and supervision of the U.S. Department of 
State (Department), consistent with the National Environment Policy Act 
(NEPA). The Department circulated the application and draft EA to the 
relevant federal, state, and local agencies for their review and 
received comments from some of those agencies. The sponsor responded to 
all the comments that agencies submitted by expanding and revising the 
draft EA. The Department also provided public notice of the draft EA in 
the Federal Register, 74 FR 68906 (December 29, 2009), and invited 
public comment for 45 days. In response to that public notice, the 
Department received only one anonymous, non-substantive comment.

[[Page 43226]]

    The discussion below and the Department's finding of no significant 
impact (FONSI) are based upon the draft and final EA that Helix 
prepared, as supplemented by correspondence containing federal, state, 
and local agencies' comments and the sponsor's responses to those 
comments.

Need and Purpose

    The San Diego/Tijuana region is the largest urban area along the 
U.S.--Mexico border, with a combined population of over four million 
people that is anticipated to grow to over five million by the year 
2020. The U.S. and Mexican communities are closely linked and many 
people cross the border as part of their daily routine. Growth in 
cross-border trade and travel, combined with increased U.S. security 
requirements, has resulted in infrastructure-related challenges. As 
nearly constant congestion at the border indicates, existing 
infrastructure was not designed to handle current traffic volumes. The 
existing border crossings have become a bottleneck in the system of 
interchange between the two countries, restricting the movement of 
people and goods.
    Tijuana Airport is one of four airports serving interior Mexico 
from the southern California region. Many travelers between Mexico and 
southern California prefer the Tijuana Airport to the alternatives 
because it offers more frequent and direct flights to a wider range of 
destinations in Mexico as well as less expensive tickets. To reach the 
Tijuana Airport from the United States, passengers must cross the 
international border in a bus or private vehicle or on foot then taking 
a taxi, shuttle or bus to reach the airport.
    The San Diego-Tijuana CBF would provide U.S. originating or 
destined airline passengers using the Tijuana Airport the ability to 
access the airport without having to cross the U.S.--Mexico border via 
the congested San Ysidro, Otay Mesa, and future Otay Mesa East ports of 
entry (POE). This would provide airline passengers a quicker, more 
secure, and more reliable border crossing, freeing up capacity at the 
POEs, thus reducing the regional and national economic losses 
associated with border congestion.
    The sponsor's proposed international pedestrian bridge would:
     Provide a more convenient, cost-effective, reliable, and 
secure crossing of the U.S.--Mexico border to access flights 
originating from and destined for the Tijuana Airport;
     Facilitate cross-border movement of ticketed air travelers 
using Tijuana Airport to minimize economic losses to the San Diego-
Tijuana region caused by long and unpredictable border waits and 
congestion; and
     Develop facilities that would maintain and not compromise 
the security and integrity of the existing border.

Proposed Action

    The sponsor proposes to build the CBF (including an above-grade 
pedestrian bridge), on- and off-site site roadway improvements, and 
parking areas. The CBF would consist of the phased construction of an 
approximately 75,000 square foot building on the southwestern nine 
acres of the site, along with a parking lot/garage on an adjacent 10.2-
acre portion of the site. At build-out, the CBF would be designed to 
serve up to approximately 17,225 average daily passengers (or 1,200 
peak-hour airline passengers travelling north from Mexico into the 
United States). The CBF would accommodate U.S. Customs and Border 
Protection facilities, retail facilities, administrative and security 
offices, and mechanical and electrical space.
    The elevated, enclosed, secure, pedestrian bridge between the CBF 
and the entrance to the Tijuana Airport would be approximately 525 feet 
long and 33 feet wide. It would be divided into two corridors that 
would prevent contact between northbound and southbound pedestrians. 
Gates at the border would allow closure of the bridge during 
emergencies. The U.S. portion of the bridge would be 250 feet long and 
supported by pylons on both sides of the border. The base of the bridge 
would be a minimum of 19 feet above finished grade and provide for a 
minimum seven-foot clearance above the existing border fence. This 
height would accommodate required fire access and enable Border Patrol 
vehicles and future trucks along the truck route planned along the 
south boundary of the site to pass underneath the bridge structure.
    A 5.4-acre area east of the proposed CBF would initially be used 
for surface parking on an interim basis. This parcel is identified as a 
potential site for cross-border cargo operations. The timing, design, 
and operational details of a cargo facility have not been determined at 
this time, and, if implemented, would require an amended Presidential 
Permit and additional NEPA review. The project would be constructed in 
phases over time and as demand increases.

The No Action Alternative

    Under the No Action Alternative, the CBF and related facilities 
would not be constructed. Air travelers would continue to use the San 
Ysidro, Otay Mesa, and the future Otay Mesa East POEs to reach Tijuana 
Airport from the United States. Air travelers and other border crossers 
would experience increasing travel delays at the POEs as population, 
economic growth, and security inspections expand. Worsening traffic 
congestion along the border would lead to increased air pollutant 
emissions due to vehicles idling in queues at the POEs. The CBF project 
site would continue to be zoned for industrial development. This 
alternative would not meet the purpose and need of the proposed project 
(as identified above) as it would not provide a more convenient and 
reliable timeframe for crossing the border to access flights, would not 
facilitate cross-border movement of the 17,225 ticketed air travelers 
that would use the CBF daily to access the airport and would lead to 
increased congestion.

Affected Environment

    The project is proposed on a privately-owned, 24.6-acre graded, 
level site located immediately adjacent to the U.S.-Mexico border in 
San Diego County, California. The property is under the local 
jurisdiction of the City of San Diego and situated in the community of 
Otay Mesa, approximately three miles east of the San Ysidro POE and two 
miles west of the Otay Mesa POE. The Tijuana Airport passenger terminal 
lies in Mexico, approximately 500 feet south of the project site. In 
2007-08, the project site was subdivided and graded for industrial park 
use under prior approvals from the City of San Diego. Approximately two 
acres of public right-of-way were dedicated on site, including travel 
lanes, sidewalks, curbs and gutters, street-side landscaping and cul-
de-sacs. Other site improvements installed as part of the previous 
project consist of utility lines, including storm drain, electrical 
connections, water and sewer lines, and various interim erosion-control 
measures, such as sedimentation/detention basins and hydroseed.
    Land immediately surrounding the site is designated for industrial 
use and certain parcels contain industrial buildings and operations. 
Immediately to the west are developed industrial parcels, some of which 
contain industrial buildings. On land north of the project site is a 
drainage easement (including a detention structure) and improvements 
that receive on-site stormwater runoff and direct it toward the south. 
Vacant acres directly north of the project site are currently 
designated for industrial development. This

[[Page 43227]]

adjacent area was graded and improved in conjunction with the proposed 
project site under prior local approvals by the City of San Diego. 
South of and adjacent to the property is a 150-foot wide strip of land 
reserved for U.S. Border Patrol operations, as well as an area 
designated for a planned truck route that would lead from the south 
terminus of Britania Boulevard east toward the existing Otay Mesa POE. 
The U.S./Mexico border lies to the south of this 150-foot strip of 
land.

Environmental Consequences

    No major adverse environmental effects are expected from the 
Proposed Action alternative if proper mitigation measures are 
implemented. The project could affect biological resources, unknown 
cultural resources, economic growth, air quality/global climate change, 
noise, traffic and other environmental factors. However, the project 
must comply with federal law, including any conditions of approval, 
which could consequently further minimize and/or mitigate any potential 
adverse effects. The conditions of approval (mitigation measures) are 
described below.

Findings

    1. The EA was prepared consistent with all NEPA procedural 
requirements, including a 45-day public notice period and coordination 
with federal, tribal, state, and local governments.
    2. The environmental commitments (mitigation measures) are likely 
to offset any negative impacts identified by the EA.
    3. No disputes or controversies have arisen regarding the accuracy 
or presentation of environmental effects, as documented in the EA, 
supplemented by comments from relevant agencies and the public.
    4. Construction, operation, and maintenance of the CBF and 
associated pedestrian bridge are not likely to result in cumulative 
significant impacts.
    5. The California State Historic Preservation Officer reviewed the 
archeologist's cultural resources survey for the project site, 
concurred that the Area of Potential Effect was properly determined and 
defined, and, on June 21, 2010, made a Finding of No Historic 
Properties Affected.
    6. Implementation of this action will have no adverse impact on any 
Indian Trust Assets.
    7. Adherence to the environmental commitments described below, as 
well as the Environmental Assessment and related correspondence, 
ensures that implementation of the proposed action will not adversely 
affect biological resources.
    8. Implementation of the project will not adversely affect any 
threatened or endangered species.
    9. Construction or operation of the proposed international 
pedestrian crossing is not likely to result in any disproportionately 
high or adverse human health or environmental impact on minority 
populations, low-income populations, or Native American Indian tribes.
    10. Implementation of this action will not violate federal, state, 
or local law.

Mitigation Measures

    As described in the Environmental Assessment and subsequent 
correspondence, the sponsor agrees to take the following actions to 
ensure that potentially significant impacts do not become significant.
    1. Air quality/Global Climate Change: Several measures will be 
implemented as part of the construction activities and project design 
to minimize emissions of greenhouse gases. As such, no additional 
avoidance, minimization, or mitigation measures would be required.
    Construction:
     Minimizing equipment and truck idling
     Recycling construction waste and construction debris
    Operations:
     Installing basic building insulation to conserve energy
     Locating glazing primarily on the east and north 
elevations
     Planting trees to shade the structure on the west and 
south sides
     Utilizing Energy Star appliances and light fixtures/
sensors
     Implementing a recycling program for solid waste/trash
     Installing water-efficient landscaping and irrigation 
timers
     Installing bike racks/parking
     Providing bus, van, and taxi drop-off opportunities
    2. Noise: Measures will be implemented to ensure that construction 
activities would comply with the City of San Diego Noise Ordinance. 
Regarding operational traffic noise once the facility is operating, 
Federal Highway Administration guidance sets forth the criteria for 
determining when an abatement measure is reasonable and feasible. 
Feasibility of noise abatement is basically an engineering concern. A 
minimum 5 dBA reduction in the future noise level must be achieved for 
an abatement measure to be considered feasible. Other considerations 
include topography, access requirements, other noise sources and safety 
considerations. The reasonableness determination is basically a cost-
benefit analysis. Factors used in determining whether a proposed noise 
abatement measure is reasonable include: residents' acceptance, the 
absolute noise level, construction noise versus existing noise, 
environmental impacts of abatement, public and local agencies input, 
newly constructed development versus development pre-dating 1978, and 
the cost per benefited residence. The above factors will be considered 
in developing potential noise abatement measures for the residential 
property along Siempre Viva Road that would be affected by traffic 
noise due to the Proposed Action.
    3. Water Quality: Implementation of the Proposed Action would 
require conformance with applicable regulatory requirements, including 
National Pollutant Discharge and Elimination System (NPDES), Clean 
Water Act, and associated City standards for compliance. No additional 
avoidance, minimization, or mitigation measures would be required.
    4. Public services and utilities: The applicant shall prepare and 
implement a waste management plan that includes the following elements 
for grading, construction, and occupancy phases of the project as 
applicable:
     Tons of waste anticipated to be generated
     Material type of waste to be generated
     Source separation techniques for waste generated
     How materials will be reused on site
     Name and location of recycling, reuse or landfill 
facilities where waste will be taken if not reused on site
     A ``buy recycled'' program
     How the project will aim to reduce the generation of 
construction/demolition debris
     A plan of how waste reduction/recycling goals will be 
communicated to subcontractors
     A timeline for each of the phases of the project
    The plan shall strive for a goal of 50 percent waste reduction and 
shall include specific performance measures to be assessed upon the 
completion of the project to measure success in achieving waste 
minimization goals.
    5. Cultural resources: Avoidance, minimization, and mitigation 
measures related to unknown archaeological resources for the Proposed 
Action would involve preparing and implementing an Archaeological 
Resources Monitoring Plan. The Monitoring Plan would likely include the 
following types of measures in accordance with standard construction

[[Page 43228]]

practices in southern California, with detailed requirements to be 
determined during the plan preparation and approval process:
     A Qualified Archaeologist shall contract with a Native 
American monitor to be involved with the grading monitoring program;
     The Qualified Archaeologist and Native American monitor 
shall attend the pre-grading meeting with the contractors to explain 
and coordinate the requirements of the monitoring program;
     During the original cutting of previously undisturbed 
deposits, the archaeological monitor(s) and Native American monitor(s) 
shall be onsite full time to perform full-time monitoring. Inspections 
will vary based on the rate of excavation, the materials excavated, and 
the presence and abundance of artifacts and features. The frequency and 
location of inspections will be determined by the Qualified 
Archaeologist in consultation with the Native American monitor.
     Monitoring of cutting of previously disturbed deposits 
will be determined by the Principal Investigator.
     In the event that previously unidentified potentially 
significant cultural resources are discovered, the archaeological 
monitor(s) shall have the authority to divert or temporarily halt 
ground disturbance operations in the area of discovery to allow 
evaluation of potentially significant cultural resources. For 
significant cultural resources, a Research Design and Data Recovery 
Program to mitigate impacts shall be prepared by the Principal 
Investigator and then carried out using professional archaeological 
methods. Before construction activities are allowed to resume in the 
affected area, the artifacts shall be recovered and features recorded 
using professional archaeological methods. The Principal Investigator 
shall determine the amount of material to be recovered for an adequate 
artifact sample for analysis.
     If any human bones are discovered, the Principal 
Investigator shall contact the County Coroner. In the event that the 
remains are determined to be of Native America origin, the Most Likely 
Descendant (MLD), as identified by the Native American Heritage 
Commission, shall be contacted by the Principal Investigator in order 
to determine proper treatment and disposition of the remains.
     In the event that previously unidentified cultural 
resources are discovered, all cultural material collected during the 
grading monitoring program shall be processed and curated at a San 
Diego facility that meets federal standards per 36 CFR part 79 and, 
therefore, would be professionally curated and made available to other 
archaeologists/researchers for further study. The collections and 
associated records shall be transferred, including title, to an 
appropriate curation facility within San Diego County, to be 
accompanied by payment of the fees necessary for permanent curation. 
Evidence shall be in the form of a letter from the curation facility 
identifying that archaeological materials have been received and that 
all fees have been paid.
    6. Traffic: Because the Proposed Action is part of the City of San 
Diego's Otay Mesa Community Plan, the project sponsor would be 
responsible for participating in the Facilities Benefit Assessment 
(FBA) and Public Facilities Financing Plan (PFFP) to fund the cost of 
the community-wide road and intersection improvements. All 
intersections and roadways planned in the Otay Mesa Community Plan area 
are forecast to operate at acceptable level of service in the future. 
The City is in the process of updating the Community Plan.

Determination

    Consistent with NEPA (42 U.S.C. 4321 et seq.), the regulations of 
the Council on Environmental Quality (40 CFR 1500-1508), and the 
Department's implementing regulations (22 CFR Part 161, and in 
particular 22 CFR 161.7(c)), I find that issuance of a Presidential 
permit authorizing the construction, connection, operation, and 
maintenance of the Cross Border Facility, including an international 
pedestrian bridge, would not have a significant impact on the quality 
of the human environment. No Environmental Impact Statement will be 
prepared. A complete analysis of environmental impacts is contained 
within the EA, as supplemented by subsequent correspondence.

Recommended

    Elizabeth Orlando, NEPA Coordinator, Office of Environmental 
Policy, Bureau of Oceans, Environment, and Science.

Approved

    Alex Lee, Director, Office of Mexican Affairs, Bureau of Western 
Hemisphere Affairs.

    End text.

    Dated: July 19, 2010.
Stewart Tuttle,
U.S.-Mexico Border Affairs Coordinator, Department of State.
[FR Doc. 2010-18118 Filed 7-22-10; 8:45 am]
BILLING CODE 4710-29-P
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