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[Federal Register: December 15, 2008 (Volume 73, Number 241)]
[Page 76086-76087]
From the Federal Register Online via GPO Access []



[Public Notice 6450]

Issuance of a Presidential Permit Authorizing the Construction, 
Operation and Maintenance of the Otay Mesa East Border Crossing Near 
San Diego, CA, at the International Boundary Between the United States 
and Mexico

SUMMARY: The Department of State issued a Presidential permit, 
effective December 8, 2008, authorizing the General Services 
Administration to construct, operate, and maintain a vehicular and 
pedestrian border crossing called ``Otay Mesa East'' near San Diego, 
California, 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 

FOR FURTHER INFORMATION CONTACT: Mr. Daniel Darrach, U.S.-Mexico Border 
Affairs Coordinator, via e-mail at; 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 on the Internet at

    Following is the text of the issued permit:
    By virtue of the authority vested in me as Deputy Secretary of 
State 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 245 of April 23, 2001; having considered the 
environmental effects of the proposed action in accordance 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 in accordance 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 construct, operate, and maintain 
a new commercial vehicle, passenger vehicle, and pedestrian land border 
crossing (hereinafter referred to as ``Otay Mesa East''), approximately 
two miles east of the existing Otay Mesa border crossing near San 
Diego, California.
    The term ``facilities'' as used in this permit means the facilities 
proposed to be constructed at the Otay Mesa East border crossing near 
San Diego, California. These facilities are likely to consist of the 
following improvements and structures:
     Inspection and X-Ray Facilities
     Containment Areas and Docks
     Commercial Inspection Building with Import and Export 
     Export Inspection
     Main Administrative Building with Pedestrian Facilities
     Entry and Exit Control Booths and related improvements
     Roadways and related Infrastructure, Pathways, Parking 
Lots, and related Lots
     Ancillary Support Facilities
     Commercial Cargo and Passenger Vehicle lanes
     Related Improvements and Infrastructure
    The term ``Tier 1 environmental document'' as used in this permit 
refers to the programmatic or first tier environmental impact statement 
that establishes the preferred corridor of State Route 11 and the 
preferred site of the Otay Mesa East border crossing.
    The term ``Tier 2 environmental document'' as used in this permit 
refers to the second tier environmental impact statement or 
environmental assessment to be prepared after the issuance of this 
permit and before any construction may begin that will identify more 
detailed project-specific effects and mitigation measures.
    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 
Otay Mesa East border crossing shall be closed. This permit may be 
amended by the Secretary of

[[Page 76087]]

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 Otay Mesa East border crossing 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. As authorized by applicable federal laws and 
regulations, the permittee is a federal agency that is responsible for 
managing and operating the existing Otay Mesa border crossing and, upon 
acceptance of the facilities by the United States of America, the Otay 
Mesa East border crossing. 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 
(``Department'') of any decision to transfer custody and control of the 
facilities or any part thereof to any other agency or department of the 
United States Government. Said notice shall identify the transferee 
agency or department and seek the approval of the Department for the 
transfer of the permit. In the event of approval by the Department 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 Department, which approval may include such 
conditions, permissions and requirements that the Department, 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 
    (2) The permittee shall maintain the facilities and every part 
    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 those mitigation measures identified in both the 
Tier 1 and Tier 2 environmental documents, but only to the extent 
incorporated into either a Record of Decision (ROD) or Finding of No 
Significant Impact (FONSI) to be issued by the permittee regarding the 
Otay Mesa East border crossing. In preparing its ROD or FONSI, the 
permittee shall consult with appropriate officials of the Federal 
Highway Administration (FHWA) and the permittee shall consider the 
mitigation measures recommended in the FHWA ROD.
    (2) The permittee may make no irreversible change to the physical 
environment based upon this permit until it has received approval from 
the Department to proceed with construction, as provided in Article 9.
    (3) Before issuing, or causing the issuance of, the notice to 
proceed for construction, the permittee shall obtain the concurrence of 
the United States Section of the International Boundary and Water 
    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, nor cause to be issued, a 
notice to proceed for construction work until the Department has 
provided notification to the permittee that: (1) The Department has 
concluded, based on its review of the Tier 1 and Tier 2 environmental 
documents and the permittee's ROD or FONSI, that the continuation of 
this permit is in the U.S. national interest; and (2) the Department 
has completed its exchange of diplomatic notes with the Government of 
Mexico regarding authorization of construction. If the Department 
concludes that the continuation of this permit is not in the national 
interest of the United States following its review of the environmental 
documents, including the permittee's ROD or FONSI, the Department shall 
revoke this permit. The permittee shall provide written notice to the 
Department at such time as the construction authorized by this permit 
commences, 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. The issuance of this permit does not create any 
obligation on the part of the permittee or the United States of America 
to construct, operate, maintain, or accept the donation of all or any 
portion of the Otay Mesa East border crossing; provided, however, if 
the permittee does operate the facilities then it will do so in 
accordance with the terms and conditions of this permit.
    Article 11. This permit shall expire ten years from the date of 
issuance in the event that the permittee neither has issued nor caused 
to be issued the notice to proceed for construction activities.
    In witness whereof, I, John D. Negroponte, Deputy Secretary of 
State, have hereunto set my hand this 20th day of November 2008, in 
Washington, District of Columbia.
    End Permit text.

    Dated: December 9, 2008.
Alex Lee,
Director, Office of Mexican Affairs, Department of State.
 [FR Doc. E8-29622 Filed 12-12-08; 8:45 am]