[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Presidential Documents]
[Pages 47009-47011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17040]
Presidential Documents
Federal Register / Vol. 85, No. 149 / Monday, August 3, 2020 /
Presidential Documents
[[Page 47009]]
Presidential Permit of July 29, 2020
Authorizing the Kansas City Southern Railway
Company To Construct, Connect, Operate, and Maintain
Railway Bridge Facilities at the International Boundary
Between the United States and Mexico
By virtue of the authority vested in me as President of
the United States of America (the ``President''), I
hereby grant this Presidential permit, subject to the
conditions herein set forth, to The Kansas City
Southern Railway Company (the ``permittee''). The
permittee is a Missouri corporation and a wholly owned
subsidiary of Kansas City Southern, a Delaware
corporation. Permission is hereby granted to the
permittee to construct, connect, operate, and maintain
certain railway Border facilities, as described herein,
at the international border of the United States and
Mexico at Laredo, Texas, and Nuevo Laredo, Mexico.
This permit does not affect the applicability of any
otherwise-relevant laws and regulations. As confirmed
in Article 2 of this permit, the Border facilities
shall remain subject to all such laws and regulations.
The term ``Facilities,'' as used in this permit, means
the portion in the United States of the international
railway bridge project--to be constructed adjacent to
the existing International Rail Bridge at Laredo,
Texas--associated with the permittee's March 3, 2020,
application for a Presidential permit, and any land,
structures, installations, or equipment appurtenant
thereto.
The term ``Border facilities,'' as used in this permit,
means those parts of the Facilities consisting of the
railway bridge, its approaches, and any land,
structures, installations, or equipment appurtenant
thereto.
This permit is subject to the following conditions:
Article 1. The Border facilities herein described,
and all aspects of their operation, shall be subject to
all the conditions, provisions, and requirements of
this permit and any subsequent Presidential amendment
to it. This permit may be terminated, revoked, or
amended at any time at the sole discretion of the
President, with or without advice provided by any
executive department or agency (agency). The permittee
shall make no substantial change in the Border
facilities, in the location of the Border facilities,
or in the operation authorized by this permit unless
the President has approved the change in an amendment
to this permit or in a new permit.
Article 2. The standards for, and the manner of,
construction, connection, operation, and maintenance of
the Border facilities shall be subject to inspection by
the representatives of appropriate Federal, State, and
local agencies. Officers and employees of such agencies
who are duly authorized and performing their official
duties shall be granted free and unrestricted access to
said Border facilities by the permittee. The Border
facilities, including the construction, connection,
operation, and maintenance of the Border facilities,
shall be subject to all applicable laws and
regulations, including laws and regulations governing
bridges or railway safety, or issued or administered by
the Committee on Foreign Investment in the United
States or by the United States Section of the
International Boundary and Water Commission.
Article 3. Upon the termination, revocation, or
surrender of this permit, unless otherwise decided by
the President, the permittee, at its own expense,
[[Page 47010]]
shall remove the Border facilities within such time as
the President may specify. If the permittee fails to
comply with an order to remove, or to take such other
appropriate action with respect to, the Border
facilities, the President may direct an appropriate
official or agency to take possession of the Border
facilities--or to remove the Border facilities or take
other action--at the expense of the permittee. The
permittee shall have no claim for damages caused by any
such possession, removal, or other action.
Article 4. When, in the judgment of the President,
ensuring the national security of the United States
requires entering upon and taking possession of any of
the Border facilities or parts thereof, and retaining
possession, management, or control thereof for such a
length of time as the President may deem necessary, the
United States shall have the right to do so, provided
that the President or his designee has given due notice
to the permittee. The United States shall also have the
right thereafter to restore possession and control to
the permittee. In the event that the United States
exercises the rights described in this article, it
shall pay to the permittee just and fair compensation
for the use of such Border facilities, upon the basis
of a reasonable profit in normal conditions, and shall
bear the cost of restoring the Border facilities to
their previous condition, less the reasonable value of
any improvements that may have been made by the United
States.
Article 5. Any transfer of ownership or control of
the Border facilities, or any part thereof, or any
changes to the name of the permittee, shall be
immediately communicated in writing to the President or
his designee, and shall include information identifying
any transferee. Notwithstanding any such transfers or
changes, this permit shall remain in force subject to
all of its conditions, permissions, and requirements,
and any amendments thereto, unless subsequently
terminated, revoked, or amended by the President.
Article 6. (1) The permittee is responsible for
acquiring any right-of-way grants or easements,
permits, and other authorizations as may become
necessary or appropriate.
(2) The permittee shall hold harmless and indemnify the United States from
any claimed or adjudged liability arising out of construction, connection,
operation, or maintenance of the Border facilities, including environmental
contamination from the release, threatened release, or discharge of
hazardous substances or hazardous waste.
(3) To ensure the safe operation of the Border facilities, the permittee
shall maintain them and every part of them in a condition of good repair
and in compliance with applicable law.
Article 7. To the extent authorized by law, the
permittee shall provide to U.S. Customs and Border
Protection of the Department of Homeland Security and
any other relevant United States Government agencies,
at no cost to the United States, suitable inspection
facilities, at a mutually agreed upon site, for
officers and employees of such agencies to perform
their duties. The provision of such facilities shall
include, to the extent deemed necessary by such
agencies, the transfer of title to any such facilities
(including the site) to the United States. The
inspection facilities shall meet the latest agency
design standards and any operational requirements,
including facilities for the Rail-Vehicle and Cargo
Inspection Systems, inspection and office space,
personnel parking and restrooms, utilities, and an
access road. To the extent authorized by law, the
permittee shall be responsible for any ongoing
maintenance or necessary improvements to the inspection
facilities, including to comply with updated agency
design standards, and for the full cost of providing
services at such facilities.
Article 8. The permittee shall file with the
President or his designee, and with appropriate
agencies, such sworn statements or reports with respect
to the Border facilities, or the permittee's activities
and operations in connection therewith, as are now, or
may hereafter, be required under any law or regulation
of the United States Government or its agencies. These
reporting
[[Page 47011]]
obligations do not alter the intent that this permit be
operative as a directive issued by the President alone.
Article 9. Upon request, the permittee shall
provide appropriate information to the President or his
designee with regard to the Border facilities. Such
requests could include, for example, information
concerning current conditions or anticipated changes in
ownership or control, construction, connection,
operation, or maintenance of the Border facilities.
Article 10. The permittee shall provide written
notice to the President or his designee at the time
that the construction authorized by this permit begins,
at such time as such construction is completed,
interrupted, or discontinued, and at other times as may
be requested by the President.
Article 11. This permit shall expire 15 years from
the date of its issuance if the permittee has not
commenced construction of the Border facilities by that
date.
Article 12. This permit is not intended to, and
does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any
party against the United States, its departments,
agencies, or entities, its officers, employees, or
agents, or any other person.
IN WITNESS WHEREOF, I, DONALD J. TRUMP, President of
the United States of America, have hereunto set my hand
this twenty-ninth day of July, in the year of our Lord
two thousand twenty, and of the Independence of the
United States of America the two hundred and forty-
fifth.
(Presidential Sig.)
[FR Doc. 2020-17040
Filed 7-31-20; 11:15 am]
Billing code 3295-F0-P