83 FR 3012 - Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary Federal Register Volume 83, Issue 14 (January 22, 2018)
Office of the Secretary
Federal Register Volume 83, Issue 14 (January 22, 2018)
| Page Range | 3012-3014 | |
| FR Document | 2018-00996 |
[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)] [Notices] [Pages 3012-3014] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00996] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended AGENCY: Office of the Secretary, Department of Homeland Security. ACTION: Notice of determination. ----------------------------------------------------------------------- SUMMARY: The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border of the United States near the Santa Teresa Land Port of Entry in the state of New Mexico. DATES: This determination takes effect on January 22, 2018. SUPPLEMENTARY INFORMATION: The principal mission requirements of the Department of Homeland Security (``DHS'') include border security and the detection and prevention of illegal entry into the United States. Border security is critical to the nation's national security. Recognizing the critical importance of border security, Congress has ordered DHS to achieve and maintain operational control of the international land border. Secure Fence Act of 2006, Public Law 109- 367, 2, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1701 note). Congress defined ``operational control'' as the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband. Id. Consistent with that mandate from Congress, the President's Executive Order on Border Security and Immigration Enforcement Improvements directed executive departments and agencies to deploy all lawful means to secure the southern border. Executive Order 13767, Sec. 1. To achieve this end, the President directed, among other things, that I take immediate steps to prevent all unlawful entries into the United States, to include the immediate construction of physical infrastructure [[Page 3013]] to prevent illegal entry. Executive Order 13767, Sec. 4(a). Congress has provided the Secretary of Homeland Security with a number of authorities necessary to carry out DHS's border security mission. One of these authorities is found at section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (``IIRIRA''). Public Law 104-208, Div. C, 110 Stat. 3009-546, 3009-554 (Sept. 30, 1996) (8 U.S.C 1103 note), as amended by the REAL ID Act of 2005, Public Law 109-13, Div. B, 119 Stat. 231, 302, 306 (May 11, 2005) (8 U.S.C. 1103 note), as amended by the Secure Fence Act of 2006, Public Law 109-367, 3, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1103 note), as amended by the Department of Homeland Security Appropriations Act, 2008, Public Law 110-161, Div. E, Title V, Sec. 564, 121 Stat. 2090 (Dec. 26, 2007). In section 102(a) of IIRIRA, Congress provided that the Secretary of Homeland Security shall take such actions as may be necessary to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States. In section 102(b) of IIRIRA, Congress has called for the installation of additional fencing, barriers, roads, lighting, cameras, and sensors on the southwest border. Finally, in section 102(c) of IIRIRA, Congress granted to the Secretary of Homeland Security the authority to waive all legal requirements that I, in my sole discretion, determine necessary to ensure the expeditious construction of barriers and roads authorized by section 102 of IIRIRA. Determination and Waiver Section 1 The United States Border Patrol's El Paso Sector is an area of high illegal entry. For example, in fiscal year 2016, the United States Border Patrol (``Border Patrol'') apprehended over 25,000 illegal aliens and seized approximately 67,000 pounds of marijuana and approximately 157 pounds of cocaine. Since the creation of DHS, and through the construction of border infrastructure and other operational improvements, the Border Patrol has been able to make significant gains in border security within the El Paso Sector; however, more work needs to be done. In fact, in recent years, the El Paso Sector has seen an increase in apprehensions. The El Paso Sector therefore remains an area of high illegal entry for which there is an immediate need to construct border barriers and roads. To begin to meet the need for enhanced border infrastructure in the El Paso Sector, DHS will take immediate action to replace existing vehicle barrier with bollard wall. Vehicle barrier replacement in the El Paso Sector is among DHS's highest priority border security requirements. The vehicle barrier replacement will take place along an approximately twenty mile segment of the border that starts at the Santa Teresa Land Port of Entry and extends westward. This approximately twenty mile segment of the border is referred to herein as the ``project area'' and is more specifically described in Section 2 below. Although the existing vehicle barrier has aided border enforcement within the project area, Border Patrol must have a more effective means of deterring and preventing illegal crossings. The area within Mexico that is situated across the border from the project area has a population of almost two million people, including the city of Ciudad Juarez. The close proximity of this heavily populated area and its urban infrastructure creates opportunities for illegal entrants to gain quick and immediate access to the border. On the United States side of the border, the eastern portion of the project area includes developed areas where illegal aliens can quickly blend into the population and have ready access to roads, highways, and other infrastructure. The western portion of the project area is made up of desert areas where there is little to no natural terrain that deters illegal crossings and illegal aliens can quickly access state highways as a means of travel into the interior of the United States. Replacing the existing vehicle barrier with bollard wall within the project area will improve Border Patrol's operational efficiency and, in turn, further deter and prevent illegal crossings. Section 2 I determine that the following area in the vicinity of the United States border, located in the State of New Mexico within the United States Border Patrol's El Paso Sector is an area of high illegal entry (the ``project area''): Starting at the Santa Teresa Land Port of Entry and extending west to Border Monument 10. There is presently a need to construct physical barriers and roads in the vicinity of the border of the United States to deter illegal crossings in the project area. In order to ensure the expeditious construction of the barriers and roads in the project area, I have determined that it is necessary that I exercise the authority that is vested in me by section 102(c) of the IIRIRA as amended. Accordingly, pursuant to section 102(c) of IIRIRA, I hereby waive in their entirety, with respect to the construction of roads and physical barriers (including, but not limited to, accessing the project area, creating and using staging areas, the conduct of earthwork, excavation, fill, and site preparation, and installation and upkeep of physical barriers, roads, supporting elements, drainage, erosion controls, and safety features) in the project area, the following statutes, including all federal, state, or other laws, regulations and legal requirements of, deriving from, or related to the subject of, the following statutes, as amended: The National Environmental Policy Act (Pub. L. 91-190, 83 Stat. 852 (Jan. 1, 1970) (42 U.S.C. 4321 et seq.)), the Endangered Species Act (Pub. L. 93-205, 87 Stat. 884 (Dec. 28, 1973) (16 U.S.C. 1531 et seq.)), the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act (33 U.S.C. 1251 et seq.)), the National Historic Preservation Act (Pub. L. 89-665, 80 Stat. 915 (Oct. 15, 1966), as amended, repealed, or replaced by Pub. L. 113-287 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 470 et seq., now codified at 54 U.S.C. 100101 note and 54 U.S.C. 300101 et seq.)), the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Archeological Resources Protection Act (Pub. L. 96-95 (16 U.S.C. 470aa et seq.)), the Paleontological Resources Preservation Act (16 U.S.C. 470aaa et seq.), the Federal Cave Resources Protection Act of 1988 (16 U.S.C. 4301 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the Noise Control Act (42 U.S.C. 4901 et seq.), the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the Archaeological and Historic Preservation Act (Pub. L. 86-523, as amended, repealed, or replaced by Pub. L. 113- 287 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 469 et seq., now codified at 54 U.S.C. 312502 et seq.)), the Antiquities Act (formerly codified at 16 U.S.C. 431 et seq., now codified 54 U.S.C. 320301 et seq.), the Historic Sites, Buildings, and Antiquities Act (formerly codified at 16 U.S.C. 461 et seq., now codified at 54 U.S.C. 3201- 320303 & 320101-320106), the Farmland Protection Policy Act (7 U.S.C. 4201 et seq.), the Federal Land [[Page 3014]] Policy and Management Act (Pub. L. 94-579 (43 U.S.C. 1701 et seq.)), National Fish and Wildlife Act of 1956 (Pub. L. 84-1024 (16 U.S.C. 742a, et seq.)), the Fish and Wildlife Coordination Act (Pub. L. 73-121 (16 U.S.C. 661 et seq.)), the Administrative Procedure Act (5 U.S.C. 551 et seq.), the Eagle Protection Act (16 U.S.C. 668 et seq.), the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), and the American Indian Religious Freedom Act (42 U.S.C. 1996). This waiver does not repeal the previous waiver published in the Federal Register on April 8, 2008 (73 FR 19078). I reserve the authority to make further waivers from time to time as I may determine to be necessary under section 102 of the IIRIRA, as amended. Dated: January 10, 2018. Kirstjen M. Nielsen, Secretary of Homeland Security. [FR Doc. 2018-00996 Filed 1-19-18; 8:45 am] BILLING CODE 9111-14-P
![3012 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices
FOR FURTHER INFORMATION CONTACT: Mr. alerts, you will be notified when Authority: The Paperwork Reduction Act
Anthony Smith, Office of Information comments are posted. of 1995; 44 U.S.C. chapter 35, as amended.
Management, telephone 202–475–3532, We accept anonymous comments. All Dated: January 11, 2018.
or fax 202–372–8405, for questions on comments received will be posted James D. Roppel,
these documents. without change to http:// U.S. Coast Guard, Acting Chief, Office of
SUPPLEMENTARY INFORMATION: www.regulations.gov and will include Information Management.
any personal information you have [FR Doc. 2018–00954 Filed 1–19–18; 8:45 am]
Public Participation and Request for provided. For more about privacy and BILLING CODE 9110–04–P
Comments the docket, you may review a Privacy
This Notice relies on the authority of Act notice regarding the Federal Docket
the Paperwork Reduction Act of 1995; Management System in the March 24, DEPARTMENT OF HOMELAND
44 U.S.C. Chapter 35, as amended. An 2005, issue of the Federal Register (70 SECURITY
ICR is an application to OIRA seeking FR 15086).
the approval, extension, or renewal of a OIRA posts its decisions on ICRs Office of the Secretary
Coast Guard collection of information online at http://www.reginfo.gov/public/
do/PRAMain after the comment period Determination Pursuant to Section 102
(Collection). The ICR contains
for each ICR. An OMB Notice of Action of the Illegal Immigration Reform and
information describing the Collection’s
on each ICR will become available via Immigrant Responsibility Act of 1996,
purpose, the Collection’s likely burden
a hyperlink in the OMB Control as Amended
on the affected public, an explanation of
the necessity of the Collection, and Number: 1625–0024. AGENCY: Office of the Secretary,
other important information describing Previous Request for Comments Department of Homeland Security.
the Collection. There is one ICR for each ACTION: Notice of determination.
Collection. This request provides a 30-day
The Coast Guard invites comments on comment period required by OIRA. The SUMMARY: The Secretary of Homeland
whether this ICR should be granted Coast Guard published the 60-day Security has determined, pursuant to
based on the Collection being necessary notice (82 FR 49038, October 23, 2017) law, that it is necessary to waive certain
for the proper performance of required by 44 U.S.C. 3506(c)(2). That laws, regulations and other legal
Departmental functions. In particular, Notice elicited no comments. requirements in order to ensure the
the Coast Guard would appreciate Accordingly, no changes have been expeditious construction of barriers and
comments addressing: (1) The practical made to the Collection. roads in the vicinity of the international
utility of the Collection; (2) the accuracy land border of the United States near the
Information Collection Request Santa Teresa Land Port of Entry in the
of the estimated burden of the
Collection; (3) ways to enhance the Title: Safety Approval of Cargo state of New Mexico.
quality, utility, and clarity of Containers. DATES: This determination takes effect
information subject to the Collection; Omb Control Number: 1625–0024. on January 22, 2018.
and (4) ways to minimize the burden of Summary: This information collection SUPPLEMENTARY INFORMATION: The
the Collection on respondents, is associated with requirements for principal mission requirements of the
including the use of automated owners and manufacturers of cargo Department of Homeland Security
collection techniques or other forms of containers to submit information and (‘‘DHS’’) include border security and the
information technology. These keep records associated with the detection and prevention of illegal entry
comments will help OIRA determine approval and inspection of those into the United States. Border security
whether to approve the ICR referred to containers. This information is required is critical to the nation’s national
in this Notice. to ensure compliance with the security. Recognizing the critical
We encourage you to respond to this International Convention for Safe importance of border security, Congress
request by submitting comments and Containers (CSC), 29 U.S.T. 3707; has ordered DHS to achieve and
related materials. Comments to Coast T.I.A.S. 9037. maintain operational control of the
Guard or OIRA must contain the OMB Need: This collection of information international land border. Secure Fence
Control Number of the ICR. They must addresses the reporting and Act of 2006, Public Law 109–367, 2, 120
also contain the docket number of this recordkeeping requirements for Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1701
request, [USCG–2017–0950], and must containers in 49 CFR parts 450 through note). Congress defined ‘‘operational
be received by February 21, 2018. 453. These rules are necessary since the control’’ as the prevention of all
U.S. is signatory to the CSC. The CSC unlawful entries into the United States,
Submitting Comments requires all containers to be safety including entries by terrorists, other
We encourage you to submit approved prior to being used in trade. unlawful aliens, instruments of
comments through the Federal These rules prescribe only the minimum terrorism, narcotics, and other
eRulemaking Portal at http:// requirements of the CSC. contraband. Id. Consistent with that
www.regulations.gov. If your material Forms: None. mandate from Congress, the President’s
cannot be submitted using http:// Respondents: Owners and Executive Order on Border Security and
www.regulations.gov, contact the person manufacturers of containers, and Immigration Enforcement Improvements
in the FOR FURTHER INFORMATION organizations that the Coast Guard directed executive departments and
CONTACT section of this document for delegates to act as an approval agencies to deploy all lawful means to
ethrower on DSK3G9T082PROD with NOTICES
alternate instructions. Documents authority. secure the southern border. Executive
mentioned in this notice, and all public Frequency: On occasion. Order 13767, § 1. To achieve this end,
comments, are in our online docket at Hour Burden Estimate: The estimated the President directed, among other
http://www.regulations.gov and can be burden has increased from 98,452 hours things, that I take immediate steps to
viewed by following that website’s to 117,271 hours a year due to an prevent all unlawful entries into the
instructions. Additionally, if you go to increase in the estimated number of United States, to include the immediate
the online docket and sign up for email responses. construction of physical infrastructure
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![3014 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices
Policy and Management Act (Pub. L. DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT:
94–579 (43 U.S.C. 1701 et seq.)), Gregory Koob, U.S. Fish and Wildlife
National Fish and Wildlife Act of 1956 Fish and Wildlife Service Service, Pacific Islands Fish and
(Pub. L. 84–1024 (16 U.S.C. 742a, et [FWS–R1–ES–2017–N139; Wildlife Office (see ADDRESSES), 808–
seq.)), the Fish and Wildlife FXES11130100000C4–178–FF01E00000] 792–9400 (for species in Hawaii); Tom
Coordination Act (Pub. L. 73–121 (16 McDowell, U.S. Fish and Wildlife
U.S.C. 661 et seq.)), the Administrative Endangered and Threatened Wildlife Service, Washington Fish and Wildlife
Procedure Act (5 U.S.C. 551 et seq.), the and Plants; Initiation of 5-Year Status Office, 360–753–9440 (for Columbia
Eagle Protection Act (16 U.S.C. 668 et Reviews for 18 Species in Hawaii, Basin pygmy rabbit, Castilleja levisecta,
seq.), the Native American Graves Oregon, Washington, Idaho, and Hackelia venusta, and Sidalcea oregana
Protection and Repatriation Act (25
Canada var. calva); or Tracy Melbihess, U.S.
Fish and Wildlife Service, Idaho Fish
U.S.C. 3001 et seq.), and the American AGENCY: Fish and Wildlife Service,
and Wildlife Office, 208–378–5287 (for
Indian Religious Freedom Act (42 U.S.C. Interior.
white sturgeon and Snake River physa
1996). ACTION: Notice of initiation of reviews;
snail). Individuals who are hearing
This waiver does not repeal the request for information. impaired or speech impaired may call
previous waiver published in the SUMMARY: We, the U.S. Fish and the Federal Relay Service at 800–877–
Federal Register on April 8, 2008 (73 FR Wildlife Service (Service), are initiating 8339 for TTY assistance.
19078). I reserve the authority to make 5-year status reviews for 18 species in SUPPLEMENTARY INFORMATION:
further waivers from time to time as I Hawaii, Oregon, Washington, Idaho, and Why do we conduct 5-year reviews?
may determine to be necessary under Canada under the Endangered Species
section 102 of the IIRIRA, as amended. Act of 1973, as amended (Act). A 5-year Under the Endangered Species Act of
status review is based on the best 1973, as amended (16 U.S.C. 1531 et
Dated: January 10, 2018.
scientific and commercial data available seq.; Act), we maintain lists of
Kirstjen M. Nielsen, endangered and threatened wildlife and
at the time of the review; therefore, we
Secretary of Homeland Security. are requesting submission of any new plant speciess (referred to as the List) in
[FR Doc. 2018–00996 Filed 1–19–18; 8:45 am] information on these species that has the Code of Federal Regulations (CFR) at
BILLING CODE 9111–14–P become available since the last review. 50 CFR 17.11 (for wildlife) and 17.12
DATES: To ensure consideration in our
(for plants). Section 4(c)(2) of the Act
reviews, we are requesting submission requires us to review each listed
DEPARTMENT OF HOMELAND of new information no later than March species’ status at least once every 5
SECURITY 23, 2018. However, we will continue to years. For additional information about
accept new information about any listed 5-year reviews, go to http://
U.S. Citizenship and Immigration species at any time. www.fws.gov/endangered/what-we-do/
Services recovery-overview.html, scroll down to
ADDRESSES: Submit information on any
‘‘Learn more about 5-Year Reviews,’’
of the 12 species in Hawaii (see table and click on the ‘‘5-Year Reviews’’ link.
[CIS No. 2616–18; DHS Docket No. USCIS– under What Species Are Under
2008–0034] Review?) via U.S. mail to: Field What information do we consider in
Supervisor, Attention: 5-Year Review, our review?
RIN 1615–ZB71 U.S. Fish and Wildlife Service, Pacific A 5-year review considers all new
Islands Fish and Wildlife Office, 300 information available at the time of the
Termination of the Designation of El Ala Moana Blvd., Room 3–122, review. In conducting these reviews, we
Salvador for Temporary Protected Honolulu, HI 96850, or by email to consider the best scientific and
Status pifwo_admin@fws.gov. commercial data that have become
For the Columbia Basin pygmy rabbit, available since the listing determination
Correction Castilleja levisecta, Hackelia venusta, or most recent status review, such as:
In notice document 2018–00885, and Sidalcea oregana var. calva, submit (A) Species biology, including but not
information via U.S. mail to: Field limited to population trends,
appearing on pages 2654 through 2660
Supervisor, Attention: 5-Year Review, distribution, abundance, demographics,
in the issue of Thursday, January 18,
U.S. Fish and Wildlife Service, and genetics;
2018, make the following correction: Washington Fish and Wildlife Office, (B) Habitat conditions, including but
On page 2655, in the first column, in 510 Desmond Dr. SE, Suite 102, Lacey, not limited to amount, distribution, and
the SUPPLEMENTARY INFORMATION section, WA 98503, or by email to WFWO_LR@ suitability;
twenty-one lines from the bottom, fws.gov. (C) Conservation measures that have
‘‘January 19, 2018’’ should read For the Snake River physa snail, been implemented that benefit the
‘‘January 18, 2018’’. submit information via U.S. mail to: species;
[FR Doc. C1–2018–00885 Filed 1–19–18; 8:45 am] Field Supervisor; Attention: 5-Year (D) Threat status and trends in
Review; U.S. Fish and Wildlife Service; relation to the five listing factors (as
BILLING CODE 1301–00–D
Idaho Fish and Wildlife Office; 1387 S. defined in section 4(a)(1) of the Act);
Vinnell Way, Suite 368, Boise, ID 83709, and
or by email to greg_burak@fws.gov. (E) Other new information, data, or
ethrower on DSK3G9T082PROD with NOTICES
For the white sturgeon, submit corrections, including but not limited to
information via U.S. mail to: Field taxonomic or nomenclatural changes,
Supervisor; Attention: 5-Year Review, identification of erroneous information
U.S. Fish and Wildlife Service, Northern contained in the List, and improved
Idaho Field Office, 11103 East analytical methods.
Montgomery Dr., Spokane, WA 99206, Any new information will be
or by email to jason_flory@fws.gov. considered during the 5-year review and
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Document Created: 2018-01-23 21:35:29
Document Modified: 2018-01-23 21:35:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of determination. | |
| Dates | This determination takes effect on January 22, 2018. | |
| FR Citation | 83 FR 3012 |
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