Notice of Issuance of a Presidential Permit to NuStar Logistics, L.P., 32041-32042 [2017-14440]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Notices]
[Pages 32041-32042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14440]


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DEPARTMENT OF STATE

[Public Notice: 10054]


Notice of Issuance of a Presidential Permit to NuStar Logistics, 
L.P.

AGENCY: Department of State.

ACTION: Notice.

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SUMMARY: The Acting Assistant Secretary of State for Oceans and 
International Environmental and Scientific Affairs issued a 
Presidential permit to NuStar Logistics, L.P. (``NuStar'') on June 28, 
2017, authorizing NuStar to construct, connect, operate, and maintain 
pipeline facilities (``New Burgos pipeline facilities'') at the U.S.-
Mexico border near Pe[ntilde]itas, Texas for the import or export of 
refined petroleum products, to include naphtha, liquefied petroleum 
gas, natural gas liquids, jet fuel, gasoline, and diesel. In accordance 
with Executive Order 13337 (April 30, 2004), the Acting Assistant 
Secretary determined that issuance of this permit would serve the 
national interest.

FOR FURTHER INFORMATION CONTACT: Matthew T. McManus, Deputy Director, 
Office of Policy Analysis and Public Diplomacy, Energy Resources 
Bureau, U.S. Department of State, 2201 C St. NW., Suite 4422, 
Washington, DC 20520.

SUPPLEMENTARY INFORMATION: Additional information concerning the New 
Burgos 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/applicants/c66757.htm. 
Following is the text of the permit, as issued:

Presidential Permit

Authorizing NUSTAR Logistics, L.P. To Construct, Connect, Operate, and 
Maintain Pipeline Facilities at the International Boundary Between the 
United States and Mexico

    By virtue of the authority vested in me as Acting Assistant 
Secretary of State for Oceans and International Environmental and 
Scientific Affairs, including those authorities under Executive Order 
13337, 69 FR 25299 (2004), Department of State Delegation of Authority 
118-2 of January 26, 2006, and Department of State Delegation of 
Authority 415 of January 18, 2017; 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.), Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 
1536), and other statutes relating to environmental concerns; having 
considered the proposed action consistent with the National Historic 
Preservation Act of 1966 (80 Stat. 917, 16 U.S.C. 470f et seq.); and 
having requested and received the views of members of the public, 
various federal and state agencies, and various Indian tribes; I hereby 
grant permission, subject to the conditions herein set forth, to NuStar 
Logistics, L.P., (hereinafter referred to as the ``permittee''), a 
limited partnership formed under the laws of the state of Delaware, 
with its principal place of business in San Antonio, Texas, to 
construct, connect, operate, and maintain pipeline facilities at the 
border of the United States and Mexico for the import or export of 
refined petroleum products, to include naphtha, liquefied petroleum 
gas, natural gas liquids, jet fuel, gasoline, and diesel between the 
United States and Mexico.
    The term ``facilities'' as used in this permit means the relevant 
portion of the pipeline 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 a 10-inch diameter pipeline extending from 
the international border between the United States and Mexico 
underneath the Rio Grande at a point southeast of Pe[ntilde]itas, Texas 
to the first mainline shutoff valve in the United States located 
approximately 1.6 miles from the Rio Grande. The United States 
facilities also include certain appurtenant facilities.
    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 construction, operation, and maintenance of the United 
States facilities shall be in all material respects as described in the 
permittee's application for a Presidential permit under Executive Order 
13337, filed on December 18, 2014, and consistent with the resource 
protection measures identified in the Final Environmental Assessment 
(EA) dated June 10, 2016.
    Article 2. The standards for, and the manner of, the construction, 
connection, 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 facilities in the performance of their 
official duties.
    Article 3. The permittee shall comply with all applicable federal, 
state, local, and tribal laws and regulations regarding the 
construction, connection, operation, and maintenance of the United 
States facilities and with all applicable industrial codes. The 
permittee shall obtain requisite permits from relevant state and local 
governmental entities, and relevant federal agencies.
    Article 4. All construction, connection, operation, and maintenance 
of the United States facilities under this permit shall be subject to 
the limitations, terms, and conditions issued by any competent agency 
of the U.S. 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

[[Page 32042]]

requirements, export or import and customs regulations, measurement 
capabilities and procedures, requirements pertaining to the pipeline's 
capacity, and other pipeline regulations. This permit shall continue in 
force and effect only so long as the permittee shall continue the 
operations hereby authorized in accordance with such limitations, 
terms, and conditions.
    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 appropriate 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 
facilities be taken and that they be removed or other appropriate 
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 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 transfer of ownership or control of the United 
States facilities or any part thereof shall be immediately notified in 
writing to the 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 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 hold 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 the construction, connection, operation, 
and maintenance of the United States facilities. Such measures will 
include the resource protection measures identified in the Final EA and 
any that are approved in the future by the Department of State or other 
relevant federal or state agencies, as well as any other measures 
deemed prudent by the permittee.
    Article 10. The permittee shall file with the appropriate agencies 
of the U.S. 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 U.S. 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.
    Article 12. The permittee shall provide written notice to the 
Department of State at such time as the construction authorized by this 
permit is begun, at such time as construction is completed, 
interrupted, or discontinued, and at other times as may be designated 
by the Department of State.
    Article 13. This permit shall expire five 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, Acting Assistant Secretary of State for 
Oceans and International Environmental and Scientific Affairs, have 
hereunto set my hand this 28th day of June 2017 in the City of 
Washington, District of Columbia.
Judith G. Garber
Acting Assistant Secretary of State for Oceans and International 
Environmental and Scientific Affairs
    End of permit text.

Matthew T. McManus,
Deputy Director, Office of Policy Analysis and Public Diplomacy, Energy 
Resources Bureau, Department of State.
[FR Doc. 2017-14440 Filed 7-10-17; 8:45 am]
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