Presidential Permits: Express Pipeline, LLC, 45695-45696 [2015-18488]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)]
[Notices]
[Pages 45695-45696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18488]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice: 9206]


Presidential Permits: Express Pipeline, LLC

AGENCY: Department of State.

ACTION: Notice of issuance of a Presidential Permit.

-----------------------------------------------------------------------

SUMMARY: The Department of State issued a Presidential Permit to 
Express Pipeline, LLC on July 9, 2015, to connect, operate, and 
maintain existing pipeline facilities at the border of the United 
States and Canada that transport crude oil between Canada and the 
United States. The Department of State determined that issuance of this 
permit would serve the national interest. In making this determination 
and issuing the permit, the Department of State followed the procedures 
established under Executive Order 13337, and provided public notice and 
opportunity for comment.

FOR FURTHER INFORMATION CONTACT: Office of Europe, Western Hemisphere 
and Africa, Bureau of Energy Resources, U.S. Department of State (ENR/
EDP/EWA). 2201 C St. NW., Ste. 4843, Washington, DC 20520. Attn: R. 
Chris Davy, Acting Director. Tel: 202-647-2041.

SUPPLEMENTARY INFORMATION: Additional information concerning the 
Express Pipeline, LLC pipeline facilities and documents related to the 
Department of State's review of the application for a Presidential 
Permit can be found at https://www.state.gov/e/enr/applicant. The 
appendix to this notice contains the text of the issued permit.


[[Page 45696]]


    Dated: July 21, 2015.
Chris Davy,
Acting Director, Energy Resources Bureau, Energy Diplomacy, Bureau of 
Energy Resources, U.S. Department of State.

Appendix

PRESIDENTIAL PERMIT

AUTHORIZING EXPRESS PIPELINE, LLC TO CONNECT, OPERATE, AND MAINTAIN 
EXISTING PIPELINE FACILITIES AT THE INTERNATIONAL BOUNDARY BETWEEN THE 
UNITED STATES AND CANADA

    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 13337, 69 FR 25299 (2004), 
and Department of State Delegation of Authority 118-2 of January 26, 
2006; having requested and received the views of members of the 
public and various federal agencies; I hereby grant permission, 
subject to the conditions herein set forth, to Express Pipeline, LLC 
(hereinafter referred to as the ``permittee''), incorporated in the 
State of Delaware, to connect, operate, and maintain existing 
pipeline facilities at the border of the United States and Canada 
near Wild Horse, Montana, for the transport of crude oil between 
Canada and the United States.
    The term ``facilities'' as used in this permit means the 
relevant portion of the pipelines and any land, structures, 
installations, or equipment appurtenant thereto.
    The term ``United States facilities'' as used in this permit 
means those parts of the facilities located in the United States. 
The United States facilities consist of an existing 24-inch pipeline 
that extends approximately 5.89 miles from the international border 
between the United States and Canada to the first block valve in the 
United States in existence at the time of this permit's issuance 
(``block valve 18'').
    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 or amended at any 
time at the discretion of the Secretary of State or the Secretary's 
delegate or upon proper application therefor. The permittee shall 
make no substantial change in the United States facilities, 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 connection, operation, and maintenance of the United 
States facilities shall be in all material respects as described in 
the May 16, 2013, application for a Presidential Permit submitted on 
behalf of the permittee (the ``Application'').
    Article 2. The standards for, and the manner of, the operation 
and maintenance of the United States facilities shall be subject to 
inspection and approval by the representatives of appropriate 
federal, state, and local agencies. The permittee shall allow duly 
authorized officers and employees of such agencies free and 
unrestricted access to said United States facilities in the 
performance of their official duties.
    Article 3. The permittee shall comply with all applicable 
federal, state, and local laws and regulations regarding the 
connection, 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. 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 United 
States Government. The permittee shall continue the operations 
hereby authorized and conduct maintenance in accordance with such 
limitations, terms, and conditions. Such limitations, terms, and 
conditions could address, for example, environmental protection and 
mitigation measures, safety requirements, export or import and 
customs regulations, measurement capabilities and procedures, 
requirements pertaining to the pipeline's capacity, and other 
pipeline regulations.
    Article 5. 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, or to take such other action 
with respect to, this portion of the United States facilities as 
ordered, the Secretary of State or the Secretary's delegate may 
direct that possession of such United States facilities be taken and 
that they be removed or other action taken, at the expense of the 
permittee; and the permittee shall have no claim for damages by 
reason of such possession, removal, or other action.
    Article 6. 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 United States 
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 7. Any change 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 new owner or controlling 
entity. 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 8. (1) The permittee is responsible for acquiring any 
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 
construction, connection, operation, or maintenance of the 
facilities, including but not limited to environmental contamination 
from the release or threatened release or discharge of hazardous 
substances and hazardous waste.
    (3) The permittee shall maintain the United States facilities 
and every part thereof in a condition of good repair for their safe 
operation, and in compliance with prevailing environmental standards 
and regulations.
    Article 9. The permittee shall take all necessary measures to 
prevent or mitigate adverse impacts on, or disruption of, the human 
environment in connection with connection, operation, and 
maintenance of the United States facilities. Such measures will 
include any mitigation and control plans that are already approved 
or that are approved in the future by the Department of State or 
other relevant federal or state agencies, and any other measures 
deemed prudent by the permittee.
    Article 10. 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 activities and operations in connection therewith as are 
now, or may hereafter, be required under any laws or regulations of 
the United States Government or its agencies. The permittee shall 
file electronic Export Information where required.
    Article 11. The permittee shall provide information upon request 
to the Department of State with regard to the United States 
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 
United States facilities.
    IN WITNESS WHEREOF, I, the Under Secretary of State for Economic 
Growth, Energy, and the Environment, have hereunto set my hand this 
9th day of July 2015 in the City of Washington, District of 
Columbia.

Catherine A. Novelli
Under Secretary of State for Economic Growth, Energy, and the 
Environment

[FR Doc. 2015-18488 Filed 7-30-15; 8:45 am]
 BILLING CODE 4710-AE-P