[Federal Register Volume 72, Number 227 (Tuesday, November 27, 2007)]
[Notices]
[Pages 66216-66217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23085]
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DEPARTMENT OF STATE
[Public Notice 5996]
Issuance of a Presidential Permit Authorizing the Greater Yuma
Port Authority To Construct, Operate, and Maintain a Livestock Border
Crossing Near San Luis, Arizona, at the International Boundary Between
the United States and Mexico
SUMMARY: The Department of State has issued a Presidential permit,
effective November 16, 2007, authorizing the Greater Yuma Port
Authority to construct, operate, and maintain a livestock border
crossing near San Luis, Arizona, 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: Mr. Daniel Darrach, U.S.-Mexico Border
Affairs Coordinator, via e-mail at [email protected]; by
phone at 202-647-9894 or by mail at WHA/MEX, Room 4258, Department of
State, 2201 C St., NW., Washington, DC 20520.
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, pursuant to Department
of State Delegation number 118-2 from the Secretary of State dated
January 26, 2006, to exercise, to the extent authorized by law, all
authorities vested in the Secretary of State, including those
authorities under 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); 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. Sec. 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. Sec. 470f, et seq.); and having requested and received the
views of various of the federal departments
[[Page 66217]]
and other interested persons; I hereby grant permission, subject to the
conditions herein set forth, to the Greater Yuma Port Authority (GYPA,
hereinafter referred to as the ``permittee''), to construct, operate,
and maintain a new livestock border crossing (hereinafter referred to
as ``San Luis Livestock Crossing''), 2,500 feet (approximately half a
mile) east of the existing San Luis cattle crossing on the westerly
border of the State of Arizona and the Mexican State of Sonora near the
cities of San Luis, Arizona and San Luis Rio Colorado, Sonora, Mexico.
The term ``facilities'' as used in this permit means the lane or
lanes leading to the livestock crossing, their approaches and any land,
structure or installations appurtenant thereto. These facilities are
the subject of a Finding of No Significant Impact, FONSI, approved by
the Acting Director of the Office of Mexican Affairs in the Department
of State on July 27, 2007, 72 FR 43314-43316 (August 3, 2007) .
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 will by 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 therefor. The
permittee shall make no substantial change in the location of the
livestock crossing 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), the Federal Highway Administration (FHWA), and the
United States Section of the International Boundary and Water
Commission (IBWC). This permit shall continue in force and effect only
so long as the permittee shall continue the operations hereby
authorized in accordance with such limitations, terms and conditions.
Article 6. 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 (the ``Department'')
for approval, including identification of the transferee. In the event
of such transfer of ownership or control, the permit shall remain in
force and the United States facilities shall be subject to all the
conditions, permissions, and requirements of this permit and any
amendments thereof.
Article 7. (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 maintain the United States facilities and
every part thereof in a condition of good repair for their safe
operation.
Article 8. (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
Finding of No Significant Impact (FONSI) approved by the Department on
July 27, 2007, 72 Fed. Reg. 43314-43316 (August 3, 2007).
(2) Before beginning construction the permittee shall obtain the
concurrence of the IBWC.
Article 9. 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 United States Government
or its agencies.
Article 10. The permittee shall not begin construction until the
Department has provided notification to the permittee that it has
completed its exchange of diplomatic notes with the Government of
Mexico regarding authorization of construction. The permittee shall
provide written notice to the Department at such time as the
construction authorized by this permit is begun, and again at such time
as construction is completed, interrupted or discontinued.
In witness whereof, I, Reuben Jeffery III, Under Secretary of State
for Economic, Energy and Agricultural Affairs of the United States,
have hereunto set my hand this 31st day of October, 2007, in the City
of Washington, District of Columbia.
End Permit text.
Dated: November 20, 2007.
Ian G. Brownlee,
Acting Director, Office of Mexican Affairs, Department of State.
[FR Doc. E7-23085 Filed 11-26-07; 8:45 am]
BILLING CODE 4710-29-P