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Federal Register / Vol. 72, No.

36 / Friday, February 23, 2007 / Notices 8245

Administration, Processing and Physical Loan Application Deadline 02/14/2007, Private Non-Profit
Disbursement Center, 14925 Kingsport Date: March 16, 2007. organizations that provide essential
Road Fort Worth, TX 76155. ADDRESSES: Submit completed loan services of a governmental nature may
FOR FURTHER INFORMATION CONTACT: A. applications to: U.S. Small Business file disaster loan applications at the
Escobar, Office of Disaster Assistance, Administration, Processing and address listed above or other locally
US Small Business Administration, 409 Disbursement Center, 14925 Kingsport announced locations.
3rd Street SW., Suite 6050, Washington, Road, Fort Worth, TX 76155. The following areas have been
DC 20416. FOR FURTHER INFORMATION CONTACT: A.
determined to be adversely affected by
SUPPLEMENTARY INFORMATION: Notice is Escobar, Office of Disaster Assistance, the disaster:
hereby given that as a result of the U.S. Small Business Administration, Primary Counties:
President’s major disaster declaration on 409 3rd Street SW., Suite 6050, Chelan, Clallam, Clark, Grant, Grays
February 9, 2007, Private Non-Profit Washington, DC 20416. Harbor, Island, King, Klickitat,
organizations that provide essential SUPPLEMENTARY INFORMATION: The notice
Lewis, Mason, Pacific, Pend Oreille,
services of a governmental nature may of the President’s major disaster Pierce, San Juan, Skagit, Skamania,
file disaster loan applications at the declaration for Private Non-Profit Snohomish, Thurston, Wahkiakum.
address listed above or other locally organizations in the State of Missouri, The Interest Rates are:
announced locations. dated 01/15/2007, is hereby amended to
The following areas have been include the following areas as adversely Percent
determined to be adversely affected by affected by the disaster.
the disaster: Other (Including Non-Profit Orga-
Primary Counties: nizations) With Credit Available
Primary Counties: Benton, Boone, Cedar, Texas. Elsewhere ................................. 5.250
Bond, Calhoun, Christian, De Witt, Businesses and Non-Profit Orga-
Fayette, Jersey, Logan, Macon, All other information in the original
nizations Without Credit Avail-
Macoupin, Madison, Mclean, declaration remains unchanged.
able Elsewhere ......................... 4.000
Monroe, Montgomery, Piatt, Saint (Catalog of Federal Domestic Assistance
Clair, Sangamon, Shelby, Number 59008). The number assigned to this disaster
Woodford. Roger B. Garland, for physical damage is: 10812.
The Interest Rates are: Acting Associate Administrator for Disaster (Catalog of Federal Domestic Assistance
Assistance. Number 59008).
Percent [FR Doc. E7–3087 Filed 2–22–07; 8:45 am] Roger B. Garland,
BILLING CODE 8025–01–P
Other (Including Non-Profit Orga- Acting Associate Administrator for Disaster
nizations) With Credit Available Assistance.
Elsewhere ................................. 5.250 [FR Doc. E7–3088 Filed 2–22–07; 8:45 am]
Businesses and Non-Profit Orga- SMALL BUSINESS ADMINISTRATION
BILLING CODE 8025–01–P
nizations Without Credit Avail- [Disaster Declaration # 10812]
able Elsewhere ......................... 4.000
Washington Disaster # WA–00009 DEPARTMENT OF STATE
The number assigned to this disaster
for physical damage is: 10811. AGENCY: U.S. Small Business [Public Notice 5699]
Administration.
(Catalog of Federal Domestic Assistance
Number 59008) ACTION: Notice. Bureau of Western Hemisphere Affairs;
Office of Canadian Affairs;
Roger B. Garland, SUMMARY: This is a Notice of the Interpretative Guidance on Non-
Acting Associate Administrator for Disaster Presidential declaration of a major Pipeline Elements of E.O. 13337,
Assistance. disaster for Public Assistance Only for amending E.O. 11423
[FR Doc. E7–3086 Filed 2–22–07; 8:45 am] the State of Washington (FEMA–1682–
DR), dated February 14, 2007. AGENCY: Department of State.
BILLING CODE 8025–01–P
Incident: Severe Winter Storms, ACTION: Notice.
Landslides, and Mudslides.
SUMMARY: Executive Order 11423, of
SMALL BUSINESS ADMINISTRATION Incident Period: December 14, 2006
through December 15, 2006. August 16, 1968, as amended,
[Disaster Declaration # 10787] authorizes the Secretary of State to issue
Effective Date: February 14, 2007.
Physical Loan Application Deadline Presidential permits for the construction
Missouri Disaster Number MO–00008 of facilities crossing the international
Date: April 16, 2007.
AGENCY: U.S. Small Business borders of the United States, including,
ADDRESSES: Submit completed loan but not limited to, bridges and tunnels
Administration. applications to: U.S. Small Business
ACTION: Amendment 2.
connecting the United States with
Administration, Processing And Canada or Mexico. Section 2(a) of
Disbursement Center, 14925 Kingsport Executive Order 13337, dated April 30,
SUMMARY: This is an amendment of the
Road, Fort Worth, TX 76155. 2004, amended Executive Order 11423,
Presidential declaration of a major
disaster for Public Assistance Only for FOR FURTHER INFORMATION CONTACT: A. inter alia, by authorizing the Secretary
the State of Missouri (FEMA–1676–DR), Escobar, Office of Disaster Assistance, of State to issue Presidential permits for
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dated January 15, 2007. U.S. Small Business Administration, ‘‘border crossings for land
Incident: Severe Winter Storms and 409 3rd Street SW., Suite 6050, transportation, including motor or rail
Flooding. Washington, DC 20416. vehicles, to or from a foreign country,
Incident Period: January 12, 2007 SUPPLEMENTARY INFORMATION: Notice is whether or not in conjunction with the
through January 22, 2007. hereby given that as a result of the facilities’’ to which Executive Order
Effective Date: February 9, 2007. President’s major disaster declaration on 11423 previously applied. This new

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8246 Federal Register / Vol. 72, No. 36 / Friday, February 23, 2007 / Notices

language is found in section 1(a)(vi) of substantial modifications of existing guidelines for the preparation of
Executive Order 11423, as amended. border crossings of the international applications for Presidential permits to
In seeking to provide guidance to the border. facilitate an expeditious DOS response.
public concerning its exercise of this Substantial modifications are defined
Presidential Permits: Purpose and
new permitting authority, the as follows:
Guiding Principles
Department has determined, after giving 1. An expansion beyond the existing
the matter careful consideration, that footprint 2 of a land port-of-entry (LPOE) It is the policy of the United States to
the new ‘‘land border crossing’’ inspection facility,3 including its work with Canada and Mexico to
language of section 1(a)(vi) will apply to grounds, approaches, and facilitate safe, fast, and efficient border
all new crossings of the international appurtenances, at an existing border transit, while ensuring U.S. national
border as well as to all substantial crossing in such a way that the security. Within this context, E.O. 13337
modifications of existing crossings of modification effectively constitutes a was promulgated with the intent to
the international border. The new piercing of the border; ‘‘expedite reviews of permits’’ and ‘‘to
Department assembled an interagency 2. a change in ownership of a border provide a systematic method for the
working group, consisting of relevant crossing that is not encompassed within evaluation and permitting the
State Department personnel and or provided for under an applicable construction and maintenance of certain
personnel from other interested Federal Presidential permit; border crossings for land transportation
agencies, to prepare further guidance on 3. a permanent change in authorized * * * while maintaining safety, public
application of this interpretation of conveyance (e.g., commercial traffic, health and environmental protections.’’
section 1(a)(vi) in the future. Over the passenger vehicles, pedestrians, etc.) not Implicit in DOS stewardship of the
course of two years, this working group consistent with (a) What is stated in an Presidential permit process is
studied how to implement the new and applicable Presidential permit, or (b) recognition that border crossings are, by
amended Executive Orders in an current operations if a Presidential definition, international in nature.
efficient manner. DOS intends to review permit or other operating authority 4 has Successful implementation of border-
this guidance periodically with not been established for the facility; or crossing projects requires good intra-
participants in the interagency working 4. any other modification that would and inter-governmental
group, and may modify or amend it render inaccurate the definition of communications, and careful
accordingly. The guidance document covered U.S. facilities set forth in an consideration of the foreign relations
and annexes are quoted in full below, applicable Presidential permit. implications of a proposed project.
under SUPPLEMENTARY INFORMATION. The following categories of border Taking into account input from
crossings are covered by this guidance: appropriate federal agencies and other
FOR FURTHER INFORMATION CONTACT: Mr.
• Bridges interested participants, DOS has the
Alex Lee, Director, WHA/CAN, U.S. responsibility to determine whether a
Department of State, Washington, DC • Tunnels
• Roadway crossings proposed border-crossing project is in
20520. (202) 647–2170. the U.S. national interest. Within the
• Rail crossings
SUPPLEMENTARY INFORMATION: context of appropriate border security,
• Bicycle crossings
Department of State Interpretative • Pedestrian crossings safety, health, and environmental
Guidance on Non-Pipeline Elements of • Cross-border material/commodity requirements, DOS notes that it is
E.O. 13337, amending E.O. 11423 conveyors generally in the U.S. national interest to
• Livestock crossings facilitate the efficient movement of
Background Note, however, that activities covered legitimate goods and travelers across
Executive Order (E.O.) 11423 (August by Congressional authorization and not U.S. borders.
16, 1968) specifies that the proper dependent on executive permission DOS and other Federal agencies
conduct of the foreign relations of the under E.O. 11423 and E.O. 13337 are further recognize that a subset of
United States requires that executive outside the scope of this guidance. important improvements and
permission be obtained for the With the assistance of an interagency modifications to border crossings may
construction and maintenance at the working group,5 DOS has prepared the not require Presidential permits, and
borders of the United States of facilities following guidance to clarify the types that it is in the national interest not to
connecting the United States with a of non-pipeline projects under E.O. impose unnecessary delays and burdens
foreign country. By virtue of E.O. 11423, 11423 and E.O. 13337 that require on the sponsors of such improvements.
as amended by E.O. 13337 (April 30, Presidential permits and to provide Project Sponsor
2004), the President has delegated to the
U.S. Department of State (DOS) the conveyor belt, or an at-grade roadway, etc. (See the A project sponsor is an entity that has
authority to receive applications for, list in the main text below for categories of border ownership, jurisdiction, custody, or
and to approve and issue, Presidential
crossings covered by this guidance.) Border control of the U.S. portion of a border
crossings, generally, connect a United States Land crossing. A Presidential permit will only
permits for the construction, Port of Entry inspection facility (see below) to that
connection, operation, or maintenance of Canada or Mexico. be issued to such an entity. This may be
of certain facilities at the borders of the 2 Footprint: the area encompassing the crossing a federal, state, or local government
United States with Canada and Mexico. and the LPOE inspection facility. entity, or a private individual or group.
3 LPOE inspection facility: the federally- If at the time of application, a future
Pursuant to section 3(b) of E.O. 13337, controlled compound (land, buildings, access roads, transfer of ownership is anticipated and
subsection 2(b) of E.O. 11423 and DOS parking areas) at which travelers enter/exit the
the identity of the future owner is
Notice of Interpretation (Public Notice United States.
known (e.g., from a local port authority
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4 4 Operating Authority: the legal authority for


5149), 70 FR 45,748 (2005), DOS
establishing the border crossing (e.g., legislation, to GSA), the applicant should notify
determined that this authority applied Presidential permit, etc.). DOS in its application of that
to all new border crossings 1 and to all 5 The interagency working group comprises
anticipated change so that provision
representatives of the Departments of State,
1 Border crossing: the physical transportation Homeland Security (DHS), and Transportation
may be made when the Presidential
facility that pierces the international boundary line. (DOT), as well as the General Services permit is granted for the transfer of the
The crossing can be a bridge, tunnel, railroad, Administration (GSA). Presidential permit to the future owner.

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Federal Register / Vol. 72, No. 36 / Friday, February 23, 2007 / Notices 8247

Notification project due diligence activities as guidance to help determine under


A new border crossing or substantial warranted and at its own risk (e.g., which category a proposed change falls.
modification to an existing border preparation of environmental
NEPA Requirements
crossing must have a new or amended documentation under the National
Environmental Policy Act of 1969, as DOS will cooperate with other
Presidential permit, as applicable. For
amended (NEPA); project design; other agencies to fulfill any applicable
purposes of determining whether a new
permit applications; etc.), while DOS is requirements under NEPA, 42 U.S.C.
or amended permit is required, DOS has
deciding whether to issue the 4321 et seq.; implementing regulations
identified three categories of projects
Presidential permit. issued by the Council on Environmental
based on the magnitude and complexity
A change in ownership of a border Quality, 40 CFR parts 1500–1508; and
of the proposed change(s) at the border:
crossing or a permanent change in DOS implementing regulations, 22 CFR
• Red (both DOS notification and new
authorized conveyance if not consistent part 161. DOS and other involved
or amended Presidential permit
with the previously-issued Presidential federal agencies may have separate and
required);
permit, will require an amendment to distinct obligations under NEPA.
• Yellow (DOS notification required
the Presidential permit. When a Depending on the project, DOS may
and a Presidential permit may be
Presidential permit or operating serve as the lead agency, a co-lead
required); and
authority has not been established for a agency, or a cooperating agency on a
• Green (neither DOS notification nor
facility, a Presidential permit will be project.
Presidential permit required).
required if a permanent change in
DOS should also be notified of General
authorized conveyance is being sought
changes to all facilities that comprise or The guidance contained herein does
that is at variance with the current
feed proximately into the international not relieve the sponsor of the
operations.
border crossing (including LPOE A substantial modification also could responsibility to inform DOS at the
inspection facilities or state or federal be any modification that renders earliest opportunity of any change
access or egress roadways) that inaccurate the definition of covered U.S. (policy or otherwise) at the border that
reasonably could be expected to have a facilities set forth in an applicable could reasonably be expected to affect
material effect on Canadian or Mexican Presidential permit. U.S. relations with Canada or Mexico.
government operations in their Yellow: Yellow category changes The sponsor should notify DOS
countries. include modification of a border promptly of all such planned changes,
The Required Project Notification crossing that may have a material effect so that DOS will be in a position to
Information (see attached Exhibit A) on Canadian or Mexican government facilitate expeditious resolution of any
will be used by the sponsor to notify operations in their respective country. foreign policy issues that may arise in
DOS of either projects or modifications If, following receipt of the Required connection with proposed changes.
in the ‘‘Red’’ or ‘‘Yellow’’ categories. Project Notification Information, DOS In furtherance of the proper conduct
A project sponsor may consult with believes that a Presidential permit is of the foreign relations of the United
DOS to determine a project’s likely required, or that additional information States, DOS reserves the right,
classification within these categories is required to make such a notwithstanding this guidance, to take
before submitting Required Project determination, DOS will respond in whatever steps it deems appropriate in
Notification Information to DOS. writing to the project sponsor within a particular case in the exercise of its
Indeed, DOS would encourage such thirty (30) calendar days of receipt of border-crossing oversight and
advance consultations and, if there is a the Required Project Notification coordination responsibilities. DOS
question regarding a project’s color code Information. In the event that DOS does intends to review this guidance
status, the sponsor should consult with not approve or disapprove the proposed periodically with participants in the
DOS as early as possible after it project within thirty (30) calendar days interagency working group, and may
establishes project parameters and after confirmed receipt of the Required modify or amend it accordingly. DOS
implementation plans. A description of Project Notification Information, the welcome comments and suggestions
the three categories follows below. project sponsor shall give a second from interested stakeholders and
Red: This category covers all new written notice to DOS requesting members of the public at any time.
border crossings and those proposed approval. In the event DOS does not
changes that make a substantial approve or disapprove the proposed Attachments
modification to an existing border project within 30 days after such second Exhibit A—Required Project
crossing, including particularly, notice is given, the project sponsor may Notification Information
expansion beyond the existing footprint proceed on the basis that a Presidential Exhibit B—Project Categories
of an LPOE inspection facility in such permit is not required for the project.
a way that the modification effectively Green: Green category changes are Exhibit A—U.S. Department of State
constitutes a new piercing of the border. those that are not expected to have a Required Project Notification
The addition of lanes to an existing material effect on Canadian or Mexican Information Regarding Proposed Non-
border crossing or the replacement of government operations in their Pipeline Border Crossing Projects
existing lanes with new lanes is not a respective country and are not The information outlined in this
substantial modification and falls under substantial modifications to the border notification, along with the project sponsor’s
the yellow category. In all red category crossing. They include most routine recommended classification (Yellow—permit
cases, a Presidential permit application changes at LPOE inspection facilities may be required—Department of State (DOS)
must be submitted and approved before near the border. Examples include notification required; Red—permit required),
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construction activities begin. In an will be considered by DOS in determining


changes made to government offices, whether a proposed non-pipeline border
emergency situation, the sponsor should inspection equipment, or routing of crossing project will require a Presidential
contact DOS for case-specific guidance people and/or vehicles within U.S. permit. This information will be used, along
before taking any action. This would border operations. with the guidelines established for
not, however, prevent the sponsor from An illustrative list of activities is implementation of E.O. 13337, amending
performing or contracting for other attached as Exhibit B to provide E.O. 11423, to determine the substantiality of

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8248 Federal Register / Vol. 72, No. 36 / Friday, February 23, 2007 / Notices

any modification of an existing border encompass and/or provide for transfer of the GREEN—Neither DOS Notification nor
crossing. DOS, however, reserves the right to facility to the new owner. Presidential Permit Required
require or request additional information 4. A permanent change in the operation of 1. Maintenance or repair of an existing
necessary to the exercise of its border- a border crossing that is not consistent with bridge, roadway, or tunnel, (other than as
crossing oversight and coordination the terms of the existing Presidential permit described in ‘‘Yellow’’ category), including
responsibilities. (e.g., a permanent change in authorized temporary lane closures (of less than a
For applicable projects on the U.S.-Mexico conveyance). When a Presidential permit or month).
border as well as those on the U.S.-Canada operating authority has not been established 2. An interior change (renovation and/or
border, e-mail this form to for a facility, a Presidential permit will be repair) to an existing LPOE inspection
WHABorder@state.gov. If e-mail is not required if a permanent change in authorized facility, including any routine repair,
feasible, mail to: U.S. Department of State, conveyance is being sought that is at variance alteration, or cyclical maintenance that,
2201 C St., NW., Washington, DC 20520 individually or collectively, is not expected
with the current operations.
(Attn: WHA/MEX 4258 HST (for projects on to have an effect on the border crossing.
5. Any other modification that would
the border with Mexico) or WHA/CAN 3917 3. An exterior change within the existing
HST (for projects on the border with Canada), render inaccurate the definition of covered
footprint of an LPOE inspection facility
as appropriate). U.S. facilities set forth in an applicable (buildings or paving).
1. Project Sponsor (Include contact Presidential permit. 4. An improvement to an exterior
information.) YELLOW—DOS Notification Required and a enclosure (e.g., painting, new windows, or re-
2. Project Name New or Amended Presidential Permit May Be roofing) of an existing LPOE inspection
3. Project Purpose/Justification Required facility.
4. Project Coordination (Include a 5. A systems change (e.g., HVAC, electrical,
summary of existing and anticipated Changes to Border Crossing Capacity/Traffic or fire protection) to an existing LPOE
coordination efforts with federal, state, and/ Flow inspection facility.
or local agencies, including contact 1. A change in the physical capacity of the 6. A change in tenant agency space
information.) border crossing, especially permanent assignments at an existing LPOE inspection
5. Project Location (Include names of state modifications to the border crossing itself facility.
and county; GPS coordinates, if readily (e.g., modification of a bridge, road access, or 7. A change to a border crossing or an
available; maps showing regional location tunnel; expansion or reduction of traffic existing LPOE inspection facility that is made
with adjacent land ports of entry, distance at the request or direction of DOS.
lanes).
from international border, and whether the 8. A change in GSA or DHS operational
2. A change in the physical capacity of an
project is within the three-meter protocols or procedures that does not have a
LPOE inspection facility, permanent material effect on the border crossing.
international boundary.) expansion or reduction in the number of
6. Project Description (Include brief project 9. Placement of advanced technology (e.g.,
entry or exit booths or traffic lanes or other radiation portal monitors) within an existing
summary describing scope of work and
change that has a permanent effect on cross- LPOE inspection facility, or approaches
expected effect on existing border crossing, if
applicable. This summary should include border traffic flow (including vehicular wait located within the existing footprint of the
any change in the physical capacity, change times at an LPOE inspection facility). right-of-way or an existing LPOE inspection
of authorized conveyance (e.g., commercial 3. A change within the three-meter facility.
to non-commercial), change of ownership, boundary that has a permanent effect on
This determination will be published
and available drawings.) traffic flow but is of a type not addressed
explicitly in an existing Presidential permit
in the Federal Register.
7. Project Milestones/Schedule (Include
anticipated design/construction dates at a (e.g., Nexus/SENTRI/FAST lanes). Dated: February 5, 2007.
minimum.) 4. An expansion of roadway infrastructure, R. Nicholas Burns,
Applicant’s Suggested Categorization of the or other form of increased traffic capacity Under Secretary for Political Affairs,
Proposed Project: Please select either ‘‘Red’’ within the three-meter boundary but beyond Department of State.
or ‘‘Yellow’’ based upon review of the DOS that portion of the existing right-of-way or [FR Doc. E7–3123 Filed 2–22–07; 8:45 am]
policy for implementation of E.O. 13337, footprint of an LPOE inspection facility.
BILLING CODE 4710–29–P
considering project information as described 5. A change in cross-border traffic caused
above. Applicant may provide additional by construction outside of the three-meter
supporting documentation along with this boundary that can be expected to have a
assessment form. material effect on Canadian or Mexican DEPARTMENT OF TRANSPORTATION
b Red—DOS notification required and a government operations in their respective
new or amended Presidential permit is country. Federal Aviation Administration
required. 6. Major construction work having a short-
b Yellow—DOS notification required and term effect on traffic flow, including closure Notice of Opportunity for Public
a new or amended Presidential permit may Comment on Surplus Property Release
of traffic lanes for periods greater than one
be required. at Douglas Municipal Airport, Douglas,
month, or closure of an entire LPOE
Exhibit B—Project Categories inspection facility during regular operating GA
hours for any amount of time.
RED—DOS Notification and a New or AGENCY: Federal Aviation
Amended Presidential Permit Required Changes in Border Crossing Operation Administration (FAA), DOT.
1. All new border crossings. 7. A permanent change in authorized ACTION: Notice.
2. An expansion beyond the existing conveyance, if within the scope of the
footprint of an LPOE inspection facility, existing permit (e.g., adding pedestrian traffic SUMMARY: Under the provisions of Title
including its grounds, approaches and or motor vehicle use). 49, U.S.C. Section 47153(c), notice is
appurtenances, at an existing border crossing Changes in Maintenance Responsibility being given that the FAA is considering
in such a way that the modification a request from the City of Douglas to
effectively constitutes a new piercing of the 8. A change in the nationality of the party,
waive the requirement that
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border; provided, however, that this does not the type of corporate entity, or the ownership
of the entity operating the border-crossing
approximately .76 acres of surplus
include the addition of lanes to an existing property, located at the Douglas
border crossing, or the replacement of facility.
existing lanes with new lanes (see 9. A change in the party asserting Municipal Airport, be used for
‘‘YELLOW,’’ below). operational responsibility or custodial aeronautical purposes.
3. A change in ownership of a border control over a border crossing, if other than DATES: Comments must be received on
crossing, when the existing permit does not the Presidential permit holder. or before March 26, 2007.

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