[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Notices]
[Pages 29812-29814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12619]


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DEPARTMENT OF STATE

[Public Notice: 7461]


Issuance of a Presidential Permit for a Border Crossing Called 
``San Ysidro'' at the International Boundary Between the United States 
and Mexico

SUMMARY: The Department of State issued a Presidential permit to the 
General Services Administration on May 2, 2011, authorizing that agency 
to expand, renovate, and maintain the commercial and pedestrian border 
crossing called ``San Ysidro'' in San Diego, California, at the 
International Boundary between the United States and Mexico. In making 
this determination, the Department complied with the procedures 
required under Executive Order 11423, as amended.

FOR FURTHER INFORMATION CONTACT: Stewart Tuttle, U.S.-Mexico Border 
Affairs Coordinator, via e-mail at [email protected]; 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

[[Page 29813]]

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 under Executive Order 
11423, 33 FR 11741 (1963), 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) and Department of State Delegation of Authority 
number 118-2 of January 26, 2006; having considered the environmental 
effects of the proposed action consistent with the National 
Environmental Policy Act of 1969, as amended (83 Stat. 852, 42 U.S.C. 
4321 et seq.) and other statutes relating to environmental concerns; 
having considered the proposed action consistent with the National 
Historic Preservation Act of 1966, as amended (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 the United 
States General Services Administration (GSA) (hereinafter referred to 
as the ``permittee''), to expand, renovate, operate and maintain a 
vehicle and pedestrian land border crossing (hereinafter referred to as 
``San Ysidro''), in San Diego, CA.
* * * * *
    The term ``facilities'' as used in this permit means the facilities 
to be constructed and/or renovated at the San Ysidro border crossing in 
San Diego, California, consisting of the following improvements and 
structures:
     Inspection and X-Ray Facilities
     Main Administrative Building
     A new Auto Inspection building
     Entry and Exit Control Booths
     Southbound Inspection Facilities
     Roadways and related Infrastructure, Pathways, Parking 
Lots, and related Lots
     Landscaping
     Ancillary Support Facilities
     Non-commercial Inspection facilities and lanes
     Pedestrian Crossings
     Pedestrian Inspection facilities
     Related Improvements and Infrastructure
     Renovation or expansion of the Historic Customs House
     Modifications of the U.S. Border Fence
    These facilities are the subject of a Final Environmental Impact 
Statement (FEIS), which was completed by GSA in August 2009 (http://www.gsa.gov/NEPA_Library), and a Record of Decision by the Acting 
Regional Administrator, GSA Region 9, dated September 9, 2009, 
selecting a preferred alternative, specifying certain avoidance, 
minimization and mitigation measures and adopting a mitigation 
monitoring and enforcement program. EPA published a notice of 
availability of the FEIS in the Federal Register (74 FR 39697, August 
7, 2009).
    This permit is subject to the following conditions:
    Article 1. The 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 upon a determination of the Executive Branch that the San 
Ysidro border crossing shall be closed. This permit may be amended by 
the Secretary of State or the Secretary's delegate in consultation with 
the permittee and, as appropriate, other Executive Branch agencies; the 
permittee's obligation to implement such an amendment is subject to the 
availability of funds. The permittee shall make no substantial change 
in the location of the 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 permittee shall comply with all applicable federal 
laws and regulations regarding the construction, operation and 
maintenance of the facilities. Further, the permittee shall comply with 
nationally recognized codes to the extent required under 40 U.S.C. 
3312(b). The permittee shall cooperate with state and local officials 
to the extent required under 40 U.S.C. 3312(d).
    Article 3. In the event that the San Ysidro Port of Entry is 
permanently closed and is no longer used as an international crossing, 
this permit shall terminate and the permittee may manage, utilize, or 
dispose of the facilities in accordance with its statutory authorities.
    Article 4. The permittee is a federal agency that is responsible 
for managing and operating the San Ysidro Port of Entry, as authorized 
by applicable federal laws and regulations. This permit shall continue 
in full force and effect for only so long as the permittee shall 
continue the operations hereby authorized.
    Article 5. This Article applies to transfer of the facilities or 
any part thereof as an operating land border crossing. The permittee 
shall immediately notify the United States Department of State of any 
decision to transfer custody and control of the facilities or any part 
thereof to any other any agency or department of the United States 
Government. Said notice shall identify the transferee agency or 
department and seek the approval of the United States Department of 
State for the transfer of the permit. In the event of approval by the 
Department of State of such transfer of custody and control to another 
agency or department of the United States Government, the permit shall 
remain in force and effect, and the facilities shall be subject to all 
the conditions, permissions and requirements of this permit and any 
amendments thereof. The permittee may transfer ownership or control of 
the facilities to a non-federal entity or individual only upon the 
prior express approval of such transfer by the United States Department 
of State, which approval may include such conditions, permissions and 
requirements that the Department of State, in its discretion, 
determines are appropriate and necessary for inclusion in the permit, 
to be effective on the date of transfer.
    Article 6. (1) The permittee or its agent shall acquire such right-
of-way grants or easements and permits as may become necessary and 
appropriate.
    (2) The permittee shall maintain the facilities and every part 
thereof.
    Article 7. (1) The permittee shall take or cause to be taken 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 
facilities, including avoidance, minimization and mitigation measures 
and the mitigation monitoring and enforcement program adopted by the 
permittee in the Record of Decision issued in connection with the Final 
Environmental Impact Statement.
    (2) Before issuing the notice to proceed for construction, the 
permittee shall obtain the concurrence of the U.S. Section of the 
International Boundary and Water Commission.
    Article 8. The permittee shall file any applicable statements and 
reports that might be required by applicable federal law in connection 
with this project.
    Article 9. The permittee shall not issue a notice to proceed for 
construction work until the Department of State has provided 
notification to the permittee that the Department 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 of State at such

[[Page 29814]]

time as the construction authorized by this permit is begun, and again 
at such time as construction is completed, interrupted for more than 
ninety days or discontinued.
    Article 10. This permit is not intended to, and does not, create 
any right, benefit, or trust responsibility, substantive or procedural, 
enforceable at law or in equity, by any party against the United 
States, its departments, agencies, instrumentalities or entities, its 
officers or employees, in their individual or official capacities, or 
any other person.
    In witness whereof, I, Robert D. Hormats, Under Secretary of State 
for Economic, Energy, and Agricultural Affairs of the United States, 
have hereunto set my hand this day of April 15, 2011, in the City of 
Washington, District of Columbia.
    End Permit text.

    Dated: May 16, 2011.
Alex Lee,
Director, Office of Mexican Affairs, Department of State.
[FR Doc. 2011-12619 Filed 5-20-11; 8:45 am]
BILLING CODE 4710-29-P