[Federal Register Volume 78, Number 75 (Thursday, April 18, 2013)]
[Notices]
[Pages 23327-23329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09138]
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DEPARTMENT OF STATE
[Public Notice 8278]
Issuance of a Presidential Permit Authorizing the State of
Michigan to Construct, Connect, Operate, and Maintain at the Border of
the United States a Bridge Linking Detroit, Michigan, and Windsor,
Ontario
SUMMARY: The Department of State issued a Presidential Permit to the
State of Michigan on April 11, 2013, authorizing the permitee to
construct, connect, operate and maintain at the border of the United
States a bridge linking Detroit, Michigan and Windsor, Ontario. In
making this determination, the Department provided public notice of the
proposed amendment (77 FR 7951, July 11, 2012), offered the opportunity
for comment and consulted with other federal agencies, as required by
Executive Order 11423, as amended.
FOR FURTHER INFORMATION CONTACT: Josh Rubin, Canada Border Affairs
Officer, via email at [email protected], by phone at 202 647-
2256 or by mail at Office of Canadian Affairs--Room 1329, 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:
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, as amended by
Executive Order 12847 of May 17, 1993, 58 FR 29511, Executive Order
13284 of January 23, 2003, 68 FR 4075, and Executive Order 13337 of
April 30, 2004, 69 FR 25299; and Department of State Delegation of
Authority 118-2 of January 26, 2006; having considered the
environmental effects of the proposed action consistent with the
National Environmental Policy Act of 1969 (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 (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 State of Michigan (hereinafter
referred to as ``permittee '') to construct, connect, operate, and
maintain a new international bridge (the New International Trade
Crossing) between Detroit, Michigan, and Windsor, Ontario, Canada.
The term ``facilities'' as used in this permit means the bridge and
any land, structure, or installations appurtenant thereto, at the
location set forth in the Preferred Alternative in the ``Detroit River
International Crossing (DRIC), Wayne County, Michigan, Final
Environmental Impact Statement and Final Section 4(f) Evaluation'' by
the U.S. Department of Transportation, Federal Highway Administration
and Michigan Department of Transportation, dated November 21, 2008, the
Record of Decision of the Federal Highway Administration dated January
14, 2009, and the application for a Presidential permit submitted by
the State of Michigan dated June 18, 2012.
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. (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.
(2) The construction, operation and maintenance of the United
States facilities shall be in all material respects as described in the
permitee's June 18, 2012, application for a Presidential Permit (the
``Application'').
Article 2. (1) 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,
[[Page 23328]]
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.
(2) Prior to initiation of construction, the permittee shall obtain
the approval of the United States Coast Guard (USCG) in conformity with
Section 5 of the International Bridge Act of 1972 (33 U.S.C. 535c), 33
CFR 1.01-60 and Department of Homeland Security Delegation of Authority
Number 0170.1.
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 all 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. If, in the future, it should appear to the Secretaries
of the Army or Homeland Security (or either Secretary's delegate) or
the United States Coast Guard 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 Secretary of the Army
or the Secretary of Homeland Security (or either Secretary's delegate)
or the United States Coast Guard, to remove or alter such facilities as
are owned by it so as to render navigation through such waters free and
unobstructed.
Article 6. The construction, connection, operation and maintenance
of the United States facilities hereunder shall be subject to the
limitations, terms, and conditions issued by any competent agency of
the U.S. government, including but not limited to the Department of
Homeland Security (DHS) and the Department of Transportation (DOT). 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, including the
submission of information identifying the transferee. This permit shall
remain in force subject to all the conditions, permissions and
requirements of this permit and any amendments thereto unless
subsequently terminated or amended by the Secretary of State or the
Secretary's delegate.
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
construction, 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. (1) The permittee shall provide to the General Services
Administration (GSA), at no cost to the federal government, a site that
is adequate and acceptable to GSA on which to construct border station
facilities at the United States terminal of the bridge. The permittee
shall fully comply with all National Environmental Policy Act and
National Historic Preservation Act mitigation provisions and
stipulations for transfer of the site to the GSA.
(2) The permittee shall reach agreement with U.S. Customs and
Border Protection (CBP) and other U.S. Federal Inspection Agencies on
the provision of suitable facilities for officers to perform their
duties. Such facilities shall meet the latest agency design standards
and operational requirements including as necessary, but not limited
to, inspection and office space, personnel parking and restrooms, an
access road, kennels, and other operationally-required components.
Article 11. (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
``Final Environmental Impact Statement and Final Section 4(f)
Evaluation'' by the U.S. Department of Transportation, Federal Highway
Administration and Michigan Department of Transportation, dated
November 21, 2008, the Record of Decision of the Federal Highway
Administration dated January 14, 2009, and any additional measures that
may be required as a result of any reevaluation of the foregoing
pursuant to 23 CFR 771.129(b).
(2) The permittee shall not undertake any change to the design of
the bridge, or any construction activity, that would result in
temporary or permanent obstructions affecting the natural level or flow
of boundary waters before obtaining written confirmation from the
Department of State that the requirements of the 1909 Treaty Between
the United States and Great Britain Relating to Boundary Waters, and
Questions Arising Between the United States and Canada, have been
satisfied.
Article 12. 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 U.S. government or its
agencies.
Article 13. The permittee shall not begin construction until it has
been informed that the Government of the United States and the
Government of Canada have exchanged diplomatic notes confirming that
both governments authorize for the commencement of such construction.
The permittee shall provide written notice to the Department of State
at such time as the construction authorized by this permit
[[Page 23329]]
is begun, and again at such time as construction is completed,
interrupted, or discontinued.
Article 14. The Agencies consulted pursuant to Executive Order
11423, as amended, were notified on March 27, 2013 of the determination
of the Under Secretary for Economic Growth, Energy, and the Environment
that issuance of this permit would serve the national interest.
Pursuant to Executive Order 11423, as amended, this permit shall issue
on April 12, 2013 provided that none of the Agencies so notified
objects before that date.
Article 15. This permit shall expire ten (10) years from the date
of issuance in the event that the permittee has not commenced
construction of the United States facilities by that deadline.
In witness whereof, I, Robert D. Hormats, Under Secretary of State
for Economic Growth, Energy, and the Environment, have hereunto set my
hand this 29 day of March 2013 in the City of Washington, District of
Columbia. End Permit text.
Elizabeth L. Martinez,
Director, Office of Canadian Affairs, Bureau of Western Hemisphere
Affairs, U.S. Department of State.
[FR Doc. 2013-09138 Filed 4-17-13; 8:45 am]
BILLING CODE 4710-29-P