[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Notices]
[Pages 78336-78338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31502]


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DEPARTMENT OF STATE

Bureau of Western Hemisphere Affairs

[Public Notice 7269]


Finding of No Significant Impact From the Expansion, Renovation, 
Operation and Maintenance of the Nogales Mariposa Commercial and 
Pedestrian Border Crossing

AGENCY: Department of State.

ACTION: Notice.

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SUMMARY: The Department of State is publishing a Finding of No 
Significant Impact (FONSI) for the proposed expansion, renovation, 
operation and maintenance of the Nogales Mariposa Commercial and 
Pedestrian Border Crossing between Nogales, Arizona and Nogales, 
Sonora, Mexico.

FOR FURTHER INFORMATION CONTACT: Mr. Stewart Tuttle, Coordinator of 
Border Affairs, Office of Mexican Affairs, Bureau of Western Hemisphere 
Affairs. U.S. Department of State, 2201 C Street, NW., Washington, DC 
20520, phone 202-647-6356, or e-mail: [email protected]. General 
information about Presidential Permits is available on the Internet at 
http://www.state.gov/p/wha/rt/permit/.

SUPPLEMENTARY INFORMATION: The following represents the text of the 
State Department-approved FONSI--The General Services Administration 
(``GSA'') has submitted an application for a Presidential permit to 
expand, renovate, operate and maintain the Nogales Mariposa Commercial 
and Pedestrian Border Crossing between Nogales, Arizona and Nogales, 
Sonora, Mexico. The Department of State (the ``Department'') has 
determined that under Executive Order 11423, as amended, a Presidential 
permit is required for the proposed alteration of the existing border 
crossing since it would involve a significant modification in a 
piercing of the United States-Mexico border. See 75 FR 14487 (March 25, 
2010).
    The Nogales Land Port of Entry (LPOE) was constructed in 1973 and 
is located at the U.S.-Mexico border between the City of Nogales, 
Arizona and the City of Nogales, Sonora, Mexico, approximately 65 miles 
south of Tucson, Arizona. The LPOE is a full-service facility 
inspecting primarily commercial vehicles, but also personally-owned 
vehicles and pedestrians entering the U.S. from Mexico. Today the LPOE 
is one of the ten busiest cargo ports along the entire U.S.-Mexico 
border. As a result of the North American Free Trade Agreement (NAFTA), 
the LPOE serves as the primary commercial truck route between the U.S. 
and Mexico in the Nogales area and is a linchpin in the international 
trade infrastructure between the U.S., Mexico and Canada.
    GSA has sought a Presidential permit because of the need for an 
upgrade to the current LPOE facilities necessitated by the increased 
trade volume between the U.S. and Mexico brought about by NAFTA. 
Pedestrian crossings have tripled since 2002 and are expected to 
increase nearly 200 percent by 2025. Bus traffic at the LPOE doubled 
between 2002 and 2006. Currently, the LPOE processes approximately 
1,000 commercial vehicles per day. This figure is expected to increase 
to 1,730 per day by 2030. The current LPOE infrastructure does not 
conform to GSA's current guidelines governing layout, minimum vehicle 
clearances, pedestrian and employee safety and national security. Due 
to its outdated equipment and inefficient traffic circulation, the 
existing LPOE configuration will not be able to handle the predicted 
increases in traffic volume. Congress in the Reinvestment and Recovery 
Act of 2009 provided $199 million to upgrade current facilities and 
completion of this upgrade is a priority project for both GSA and the 
Bureau of Customs and Border Protection (CBP) of the Department of 
Homeland Security (DHS).
    The General Services Administration (GSA) published an 
Environmental Assessment (EA) for the proposed expansion, renovation, 
operation and maintenance of the Nogales Mariposa Commercial and 
Pedestrian Border Crossing between Nogales, Arizona and Nogales, 
Sonora, Mexico on June, 12, 2009. Based on that EA, GSA then also 
issued its own FONSI on August 7, 2009 concluded that the Nogales 
project is not a major federal action significantly affecting the 
quality of the human environment that would require an environmental 
impact statement and gave public notice of its finding of no 
significant impact (FONSI) on June 24,

[[Page 78337]]

2009. 74 Fed. Reg. 30090. In response to comments from both the 
Department of State and the Council on Environmental Quality (CEQ), GSA 
had prepared a revised EA published on June 29, 2010, which it 
furnished the State Department as part of its application. The State 
Department staff has reviewed that document and concluded that all of 
State's comments and suggestions have been satisfied. Therefore, based 
on the findings and mitigation measure set forth below, we recommend 
that you adopt the revised EA (which is hereby incorporated by 
reference) and conclude that project described in the revised EA is not 
a federal action significantly affecting the quality of the human 
environment and that an Environmental Impact statement is not required.
    The State Department has determined that based upon these 
documents, all procedural requirements have been met and granting the 
Presidential permit for this border crossing is not a federal action 
significantly affecting the quality of the human environment. 
Therefore, no Environmental Impact Statement will be prepared.

Findings

    1. The General Services Administration has previously published in 
the Federal Register (74 FR 30090FR 74, No. 120, Doc E9-14781, June 24, 
2009) its determination that expansion, renovation, operation and 
maintenance of the Nogales Mariposa Commercial and Pedestrian Border 
Crossing between Nogales, Arizona and Nogales, Sonora, Mexico will not 
significantly affect the quality of the human environment.
    2. All NEPA procedural requirements have been met, including a 30-
day public notice period and coordination with federal, state, and 
local government agencies, as well as with Native Americans tribes.
    3. The environmental commitments (mitigation measures) set forth 
below will offset any negative impacts identified by the in the revised 
GSA or updated EA (referenced above).
    4. No disputes or controversies have arisen regarding the accuracy 
or presentation of environmental effects, as documented in the revised 
GSA or updated EA.
    5. The Proposed Action would have no impact on historic properties. 
Pursuant to Section 106 of the National Historic Preservation Act, GSA 
consulted with the Arizona State Historic Preservation Office, the 
Tohono O'odham Nation, and the Hopi Tribe. The Arizona State Historic 
Preservation Office and the Hopi Tribe concurred with this finding in 
letters which are attached to the revised EA available on the GSA 
website.
    6. Pursuant to Section 7 of the Endangered Species Act (ESA), GSA, 
as the lead federal agency, determined that the Proposed Action would 
not affect any proposed or designated critical habitat, and the 
Department concurs with this decision that implementation of the 
project will not adversely affect any threatened or endangered species.
    7. All soil disturbance and shrub removal will be minimized during 
relocation.
    8. Implementation of this action will have no adverse impact on any 
Indian Trust Assets.
    9. Implementation of this action will not violate federal, state, 
or local law.

Mitigation Measures

    The following mitigation and monitoring measures will be 
implemented to ensure that the action will not have not have a 
significant impact on the quality of the human environment:
     Upon completion of the Arizona Department of 
Transportation small area transportation study, the GSA will reevaluate 
the impacts of the preferred alternative on local and regional traffic 
and provide the Department with supporting information for the Regional 
Transportation Plan.
     During final design, GSA will develop traffic control and 
trailblazing plans to warn drivers and pedestrians of the construction 
activities and ensure safe travel through the area.
     During final design, GSA will develop construction 
sequencing plans ensure smooth border operations and maintain 
pedestrian, commercial, and non-commercial traffic flow.
     The contractor shall stabilize open storage piles and 
disturbed areas by covering and/or applying water or chemical/organic 
dust palliative where appropriate. This applies to both inactive and 
active sites, during workdays, weekends, holidays, and windy 
conditions.
     The contractor shall install wind fencing and phase 
grading operations where appropriate, and operate water trucks for 
stabilization of surfaces under windy conditions.
     When hauling material and operating non-earthmoving 
equipment, the contractor shall prevent spillage and limit speeds to 15 
mph.
     The contractor shall limit the speed of earth-moving 
equipment to 10 mph.
     The contractor shall reduce use, trips and unnecessary 
idling from heavy equipment.
     The contractor shall maintain and tune vehicle engines per 
manufacturer's specifications to perform at EPA certification levels 
and to perform at verified standards applicable to retrofit 
technologies.
     The contractor shall employ periodic, unscheduled 
inspections to limit unnecessary idling and to ensure that construction 
equipment is properly maintained, tuned, and modified consistent with 
established specifications.
     The contractor shall prohibit any tampering with engines 
and require continuing adherence to manufacturer's recommendations.
     The contractor shall, if practicable, lease newer and 
cleaner equipment meeting the most stringent of applicable federal or 
state Standards.
     The contractor shall utilize equipment that has EPA-
registered particulate traps and other appropriate controls where 
suitable to reduce emissions of diesel particulate matter and other 
pollutants at the construction site.
     The contractor shall prepare an inventory of all equipment 
prior to construction and identify the suitability of add-on emission 
controls for each piece of equipment before groundbreaking. The 
suitability of control devices is based on: Whether there is reduced 
normal availability of the construction equipment due to increased 
downtime and/or power output, whether there may be significant damage 
caused to the construction equipment engine, or whether there may be a 
significant risk to nearby workers or the public.
     The contractor shall utilize the cleanest available fuel 
engines in construction equipment and identify opportunities for 
electrification.
     The contractor shall use low sulfur fuel (diesel with 15 
parts per million or less) in engines where alternative fuels such as 
biodiesel and natural gas are not possible.
     The contractor shall develop a construction-traffic and 
parking management plan that minimizes traffic interference and 
maintains traffic flow.
     The contractor shall not disturb any of the drainages 
surrounding the project a until a determination has been made by the 
U.S. Army Corps of Engineers that the project may proceed under a 
Nationwide Permit and an individual Water Quality Certification from 
the ADEQ has been obtained. Additionally, an individual Water Quality 
Certification would be obtained from the Arizona Department of 
Environmental Quality.
     GSA shall submit a preliminary set of plans, a hydrology/
hydraulics report, and a CLOMR for the project to the

[[Page 78338]]

Santa Cruz County Flood Control District prior to final design and 
construction.
     GSA shall submit preliminary set of plans, a hydrology/
hydraulics report, and a CLOMR for the project will be submitted to the 
EPA for comment prior to final design and construction.
     Since the Proposed Action would involve demolition of 
existing structures, GSA shall engage an Asbestos Hazard Emergency 
Response Act certified inspector to inspect all structures to be 
demolished. If Regulated Asbestos Containing Material is present in the 
structures, GSA shall develop a work plan to remove, transport, and 
dispose of these materials.
     At least 10 days prior to demolition of any structure GSA 
shall provide the ADEQ National Emission Standard Hazardous Air 
Pollutant coordinator with a National Emission Standard Hazardous Air 
Pollutant notification form for each structure to be demolished.
     GSA shall notify the Santa Cruz County Flood Control 
District and the Arizona Department of Water Resources prior to 
undertaking any work that would disturb the rainfall and stream level 
gauges on the upstream headwall of the culverts on Ephraim Canyon/Las 
Canoas Wash. In accordance 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)) and based on the findings and mitigation 
measures above, the Department of State finds that the project 
described in the attached Revised GSA EA is not a federal action 
significantly affecting the quality of the human environment. 
Therefore, no Environmental Impact statement will be prepared.

    Dated: December 10, 2010.
Edward Alexander Lee,
Director, Office of Mexican Affairs, Department of State.
[FR Doc. 2010-31502 Filed 12-14-10; 8:45 am]
BILLING CODE 4710-29-P