[Federal Register Volume 82, Number 28 (Monday, February 13, 2017)]
[Notices]
[Pages 10535-10537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02829]


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DEPARTMENT OF STATE

[Public Notice: 9874]


Transfer of the Presidential Permit To Operate and Maintain the 
Brownsville West Rail Bypass From Cameron County, Texas to the Union 
Pacific Railroad Company

SUMMARY: The Department of State issued a Presidential permit to the 
Union Pacific Railroad Company (UPRR) on January 13, 2017, authorizing 
the UPRR to operate and maintain the Brownsville West Rail Bypass 
International Bridge. This permit supersedes the Presidential permit 
that the Department of State issued on October 1, 2004 to Cameron 
County, TX. In making this determination, the Department provided 
public notice of the proposed permit (81 FR 57644, August 23, 2016), 
offered the opportunity for comment, and consulted with other federal 
agencies, as required by Executive Order 11423, as amended.

FOR FURTHER INFORMATION CONTACT: Contact the Office of Mexican Affairs' 
Border Affairs Unit via email at [email protected], by phone 
at 202-647-9894, or by mail at Office of Mexican Affairs--Room 3924, 
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 issued 
permit:

PRESIDENTIAL PERMIT

AUTHORIZING THE UNION PACIFIC RAILROAD COMPANY TO OPERATE AND MAINTAIN 
THE BROWNSVILLE WEST RAIL BYPASS INTERNATIONAL BRIDGE, ITS APPROACHES 
AND FACILITIES, AT THE INTERNATIONAL BOUNDARY BETWEEN THE UNITED STATES 
AND MEXICO
    By virtue of the authority vested in me as Under Secretary of State 
for Economic Growth, Energy, and the Environment, 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); the International Bridge 
Act of 1972 (86 Stat. 731; 33 U.S.C. 535 et seq.); and Department of 
State Delegation of Authority 118-2 of January 26, 2006; and having 
requested and received the views of various of the federal

[[Page 10536]]

departments and other interested persons; I hereby grant permission, 
subject to the conditions herein set forth, to the Union Pacific 
Railroad Company (hereinafter referred to as ``permittee''), to operate 
and maintain the Brownsville West Rail Bypass International Bridge. 
This permit supersedes the Presidential Permit that the Department of 
State issued on October 1, 2004 to Cameron County, Texas.
* * * * *
    The term ``facilities'' as used in this permit means the bridge, 
its approaches 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 operation and 
maintenance of the United States facilities shall be subject to 
inspection and approval by the representatives of appropriate federal 
or state 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 operation and 
maintenance of the United States facilities, and with all applicable 
industrial codes. The permittee shall obtain the requisite permits from 
the relevant Mexican authorities as well as from the relevant 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. If, in the future, it should appear to the United States 
Coast Guard or the Secretary of Homeland Security (or the Secretary's 
delegate) that any facilities or operations permitted hereunder cause 
unreasonable obstructions to the free navigation of any of the 
navigable waters of the United States, the permittee may be required, 
upon notice from the United States Coast Guard or the Secretary of 
Homeland Security (or the Secretary's delegate), to remove or alter 
such facilities as are owned by it so as to render navigation through 
such waters free and unobstructed.
    Article 6. 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 United States Coast Guard, 
the Department of Homeland Security, the General Services 
Administration, 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 7. 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 8. 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 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 9. (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 
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 10. The permittee shall provide to the U.S. Customs and 
Border Protection, at no cost to the federal government, facilities for 
the Rail-Vehicle and Cargo Inspection Systems (VACIS), to include 
office space for CBP personnel, restrooms, parking area, utilities, and 
an access road.
    Article 11. The permittee shall take all appropriate measures to 
prevent or mitigate adverse environmental impacts or disruption of 
significant archeological resources in connection with the 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 
18, 2004 issued in response to Cameron County's application of June 
2003 for a Presidential permit with respect to the Brownsville West 
Rail Bypass International Bridge.
    Article 12. The permittee shall comply with all agreed actions and 
obligations undertaken to be performed in by Cameron County in its 
Application for a Presidential Permit, dated June 2003, in the Final 
Environmental Assessment, and in the FONSI, dated June 18, 2004, and in 
Union Pacific Railroad Company's application for a Presidential Permit, 
dated July 7, 2016. The Final Environmental Assessment includes the 
``Draft Environmental Assessment Document for the Proposed

[[Page 10537]]

Brownsville-Matamoros West Rail Bypass Plan'' dated June 2003, all 
comments submitted by agencies on that document, the responses to those 
comments, and all correspondence between agencies and the permittee 
addressing agencies' concerns.
    Article 13. 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.
    In witness whereof, I, Catherine A. Novelli, Under Secretary of 
State for Economic Growth, Energy, and the Environment, have hereunto 
set my hand this 13th day of January, 2017 in the City of Washington, 
District of Columbia.

Catherine A. Novelli
Under Secretary of State for Economic Growth, Energy, and the 
Environment.
[FR Doc. 2017-02829 Filed 2-10-17; 8:45 am]
 BILLING CODE 4710-29-P