Authorizing Valero Logistics Operations L.P. to Construct, Connect, Operate, and Maintain a Pipeline Crossing the International Boundary Between the United States and Mexico, 8630-8631 [E6-2349]
Download as PDF
8630
Federal Register / Vol. 71, No. 33 / Friday, February 17, 2006 / Notices
and effect until amended, modified or
terminated by appropriate authority.
Notwithstanding this delegation of
authority, the Secretary of State or the
Deputy Secretary of State may exercise
any authority or function delegated
hereby.
This delegation of authority shall be
published in the Federal Register.
Condoleezza Rice,
Secretary of State, Department of State.
[FR Doc. E6–2351 Filed 2–16–06; 8:45 am]
BILLING CODE 4710–07–P
DEPARTMENT OF STATE
[Public Notice 5312]
sroberts on PROD1PC70 with NOTICES
Authorizing Valero Logistics
Operations L.P. to Construct, Connect,
Operate, and Maintain a Pipeline
Crossing the International Boundary
Between the United States and Mexico
By virtue of the authority vested in
me as Under Secretary of State for
Economic, Business, and Agricultural
Affairs under Executive Order 13337, 69
FR 25299 (2004), and Department of
State Delegation of Authority No. 118–
2 of January 26, 2006; having considered
the environmental effects of the
proposed action in accordance with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f) and other
statutes related to environmental
concerns; having considered the
proposed action in accordance with
Section 470f of the National Historic
Preservation Act (16 U.S.C. 470–470a–
2); and having requested and received
views of various Federal and State
agencies and other interested persons; I
hereby grant permission, subject to the
conditions herein set forth, to Valero
Logistics Operations L.P., a corporation
formed under the laws of the state of
Delaware, with its principal place of
business in San Antonio Texas
(hereinafter ‘‘the permittee’’ or
‘‘Valero’’), to construct, connect, operate
and maintain a pipeline crossing the
international boundary in the vicinity of
Hidalgo, Texas. The pipeline will be
used to transport light naphtha
(‘‘naphtha’’) across the border from
Mexico to the Valero Terminal in
Hidalgo County, Texas, crossing the Rio
Grande River. The proposed pipeline
would connect the Valero terminal in
Edinburg, Texas, with the Petroleos
Mexicanos (PEMEX) Burgos gas plant
near Reynoso in the state of Tamaulipas,
Mexico.
The term ‘‘facilities’’ as used in this
permit means the pipeline and any land,
structures, installations or equipment
appurtenant thereto.
VerDate Aug<31>2005
18:51 Feb 16, 2006
Jkt 208001
The term ‘‘United States facilities’’ as
used in this permit means those parts of
the facilities located in the United
States.
As stated in permittee’s application of
June 22, 2005 for a permit pursuant to
Executive Order 13337, the United
States facilities of the pipeline project
will consist of the following major
components:
• The U.S. portion of the project
consists of approximately 34 miles of
new pipeline from a location on the Rio
Grande southeast of Penitas, to the
Valero terminal approximately 6 miles
north of downtown Edinburg.
• An above-ground metering station
for tariff purposes that will be located
1.2 miles north of the Rio Grande
crossing.
• At the Valero Edinburg Terminal,
naphtha would be stored in a new
dedicated 80,000 barrel naphtha storage
tank. Naphtha would be pumped from
this tank through a new pipeline
currently being built by Valero to link
its Edinburg and Harlingen terminals,
and to link its Harlingen terminal with
the Port of Brownsville.
This permit is subject to the following
conditions:
Article 1. The United States facilities
and operations herein described shall be
subject to all the conditions, provisions,
and requirements of this permit and any
amendment thereof; further that this
permit may be terminated at the will of
the Secretary of State of the United
States or the Secretary’s delegate or may
be amended by the Secretary of State of
the United States or the Secretary’s
delegate at will or upon proper
application therefore; further that the
permittee shall make no substantial
change in the location of the United
States facilities in the immediate
vicinity of the international boundary
line or in the operation authorized by
this permit until such changes have
been approved by the Secretary of State
of the United States or the Secretary’s
delegate.
Article 2. The operation and
maintenance of the facilities shall be in
all material respects as described in
permittee’s application for a
Presidential permit under Executive
Order 13337 filed on June 22, 2005 (the
‘‘Application’’), as amended by any
comments received from federal and
state agencies, the response to those
comments, the Final Environmental
Assessment and the Finding of No
Significant Impact (FONSI) to be
published in the Federal Register.
Article 3. The standards for, and the
manner of, construction, connection,
operation, and maintenance of the
United States facilities shall be subject
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
to inspection and approval by the
representatives of any Federal or State
agency concerned. 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 4. The permittee shall comply
with all applicable Federal and State
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 Mexican
authorities, as well as the relevant state
and local governmental entities, and
relevant federal agencies.
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 line shall be
removed by, and at the expense of, the
permittee within such time as the
Secretary of State of the United States 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. If, in the future, it should
appear to the Secretaries of the Army or
Homeland Security (or either Secretary’s
delegate) or the United States Coast
Guard that any facilities or operations
permitted hereunder cause
unreasonable obstructions to the free
navigation of any of the navigable
waters of the United States, the
permittee may be required, upon notice
from the Secretary of the Army or the
Secretary of Homeland Security (or
either Secretary’s Delegate) or the
United States Coast Guard, to remove or
alter such of the facilities as are owned
by it so as to render navigation through
such waters free and unobstructed.
Article 7. This permit is subject to the
limitations, terms, and conditions
contained in any orders or regulations
issued by any competent agency of the
United States Government with respect
to the United States facilities. This
permit shall continue in force and effect
only so long as the permittee shall
continue the operations hereby
E:\FR\FM\17FEN1.SGM
17FEN1
sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 71, No. 33 / Friday, February 17, 2006 / Notices
authorized in accordance with such
limitations, terms, and conditions.
Article 8. When, in the opinion of the
President of the United States, the
national security of the United States
demands it, due notice being given to
the permittee by the Secretary of State
of the United States 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, and control
thereof for such length of time as may
appear to the President to be necessary
to accomplish said purposes; 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 conditions 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 9. In the event of transfer of
ownership or control of the United
States facilities or any part thereof, this
permit shall continue in effect
temporarily for a reasonable time
pending submission of a proper
application by the transferee for a new
and permanent permit, provided that
notice of such transfer is given promptly
in writing to the Department of State
accompanied by a statement by the
transferee under oath that the United
States facilities and the operation and
maintenance thereof authorized by this
permit will remain substantially the
same as before the transfer pending
issuance to the transferee of a new and
permanent permit.
Article 10. (1) The permittee shall
maintain the United States facilities and
every part thereof in a condition of good
repair for their safe operation.
(2) The permittee shall save harmless
and indemnify the United States from
any and all claims or adjudged liability
arising out of the 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.
Article 11. The permittee shall acquire
such right-of-way grants, easements,
permits, and other authorizations as
may become necessary and appropriate,
including those required by the
International Boundary and Water
Commission.
VerDate Aug<31>2005
18:51 Feb 16, 2006
Jkt 208001
Article 12. The permittee shall file
with the appropriate agencies of the
Government of the United States 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 as may hereafter be required
under any laws or regulations of the
Government of the United States or its
agencies.
Article 13. The permittee shall take all
appropriate measures to prevent or
mitigate adverse environmental impacts
or disruption of significant
archeological resources in connection
with the construction, operation and
maintenance of the United States
facilities, including those proposed to
be performed by it in the Final
Environmental Assessment dated
September 2004 and the FONSI dated
September 22, 2004. Construction of the
facilities shall be performed in
conformity with the proposed outline of
work contained in the Application and
the Final Environmental Assessment.
Article 14. The permittee shall notify
the Department of State if before or
during construction historic or
archeological properties are located and,
to the extent construction has already
started, will cease construction
immediately. The permittee
acknowledges that historic and
archeological properties are protected
under 49 U.S.C. Section 303 (formerly
Section 4(f)), and the permittee shall
prepare a Section 4(f) statement if the
United States facilities will have an
effect on any historic or archeological
properties.
Article 15. The permittee shall
comply with all agreed actions and
obligations undertaken to be performed
in its Application for a Presidential
permit dated June 22, 2005, in the Final
Environmental Assessment and in the
FONSI issued by the Department of
State and to be published in the Federal
Register. The Final Environmental
Assessment includes the Draft
Environmental Assessment, dated May,
2005, all comments submitted by federal
and state agencies on that document, the
responses to those comments and all
correspondence between agencies and
the permittee addressing agency
concerns.
Article 16. The permittee shall not
begin construction until it has obtained
authorization for such construction from
the Governments of the United States
and Mexico through the exchange of
diplomatic notes. The permittee shall
provide written notice to the
Department of State at such time as the
construction authorized by this permit
is begun and again at such time as
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
8631
construction is completed, interrupted
or discontinued.
Article 17. This permit shall issue
fifteen days after the date of the
determination by the Under Secretary of
Economic, Business and Agricultural
Affairs that issuance of this permit
would serve the national interest,
provided that the Department of State
does not otherwise notify the permittee
that the permit shall not issue.
IN WITNESS WHEREOF, I, Josette
Shiner, Under Secretary of State for
Economic, Business, and Agricultural
Affairs, have hereunto set my hand this
7th day of February, 2006 in
Washington, DC.
Josette Shiner,
Under Secretary of State for Economic,
Business, and Agricultural Affairs,
Department of State.
[FR Doc. E6–2349 Filed 2–16–06; 8:45 am]
BILLING CODE 4710–07–P
DEPARTMENT OF STATE
[Public Notice 5313]
Finding of No Significant Impact and
Summary Environmental Assessment
Valero Logistics LP Pipeline in Hidalgo
County, TX
The proposed action is to issue a
Presidential Permit to Valero Logistics
Operations LP (‘‘Valero’’) to construct,
connect, operate and maintain an 8-inch
outer diameter pipeline to convey light
naphtha (‘‘naphtha’’) across the border
from Mexico to the Valero Terminal in
Hidalgo County, Texas. On behalf of
Valero, URS Corporation of Austin,
Texas, prepared a draft Environmental
Assessment under the guidance and
supervision of the Department of State
(the ‘‘Department’’). The Department
placed a notice in the Federal Register
(70 FR 36225 (June 22, 2005)) regarding
the availability for inspection of
Valero’s Presidential Permit application
and the draft Environmental
Assessment.
Numerous Federal and state agencies
independently reviewed the draft
Environmental Assessment. They
include: The United States Section of
the International Boundary and Water
Commission, the Department of
Transportation, the Department of the
Interior, the U.S. Fish and Wildlife
Service, the Environmental Protection
Agency, the Federal Emergency
Management Administration, the U.S.
Department of Homeland Security, the
Department of Defense, the Department
of Commerce, the Council on
Environmental Quality, the Texas
Railroad Commission, the Texas
E:\FR\FM\17FEN1.SGM
17FEN1
Agencies
[Federal Register Volume 71, Number 33 (Friday, February 17, 2006)]
[Notices]
[Pages 8630-8631]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2349]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 5312]
Authorizing Valero Logistics Operations L.P. to Construct,
Connect, Operate, and Maintain a Pipeline Crossing the International
Boundary Between the United States and Mexico
By virtue of the authority vested in me as Under Secretary of State
for Economic, Business, and Agricultural Affairs under Executive Order
13337, 69 FR 25299 (2004), and Department of State Delegation of
Authority No. 118-2 of January 26, 2006; having considered the
environmental effects of the proposed action in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f) and
other statutes related to environmental concerns; having considered the
proposed action in accordance with Section 470f of the National
Historic Preservation Act (16 U.S.C. 470-470a-2); and having requested
and received views of various Federal and State agencies and other
interested persons; I hereby grant permission, subject to the
conditions herein set forth, to Valero Logistics Operations L.P., a
corporation formed under the laws of the state of Delaware, with its
principal place of business in San Antonio Texas (hereinafter ``the
permittee'' or ``Valero''), to construct, connect, operate and maintain
a pipeline crossing the international boundary in the vicinity of
Hidalgo, Texas. The pipeline will be used to transport light naphtha
(``naphtha'') across the border from Mexico to the Valero Terminal in
Hidalgo County, Texas, crossing the Rio Grande River. The proposed
pipeline would connect the Valero terminal in Edinburg, Texas, with the
Petroleos Mexicanos (PEMEX) Burgos gas plant near Reynoso in the state
of Tamaulipas, Mexico.
The term ``facilities'' as used in this permit means 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.
As stated in permittee's application of June 22, 2005 for a permit
pursuant to Executive Order 13337, the United States facilities of the
pipeline project will consist of the following major components:
The U.S. portion of the project consists of approximately
34 miles of new pipeline from a location on the Rio Grande southeast of
Penitas, to the Valero terminal approximately 6 miles north of downtown
Edinburg.
An above-ground metering station for tariff purposes that
will be located 1.2 miles north of the Rio Grande crossing.
At the Valero Edinburg Terminal, naphtha would be stored
in a new dedicated 80,000 barrel naphtha storage tank. Naphtha would be
pumped from this tank through a new pipeline currently being built by
Valero to link its Edinburg and Harlingen terminals, and to link its
Harlingen terminal with the Port of Brownsville.
This permit is subject to the following conditions:
Article 1. The United States facilities and operations herein
described shall be subject to all the conditions, provisions, and
requirements of this permit and any amendment thereof; further that
this permit may be terminated at the will of the Secretary of State of
the United States or the Secretary's delegate or may be amended by the
Secretary of State of the United States or the Secretary's delegate at
will or upon proper application therefore; further that the permittee
shall make no substantial change in the location of the United States
facilities in the immediate vicinity of the international boundary line
or in the operation authorized by this permit until such changes have
been approved by the Secretary of State of the United States or the
Secretary's delegate.
Article 2. The operation and maintenance of the facilities shall be
in all material respects as described in permittee's application for a
Presidential permit under Executive Order 13337 filed on June 22, 2005
(the ``Application''), as amended by any comments received from federal
and state agencies, the response to those comments, the Final
Environmental Assessment and the Finding of No Significant Impact
(FONSI) to be published in the Federal Register.
Article 3. The standards for, and the manner of, construction,
connection, operation, and maintenance of the United States facilities
shall be subject to inspection and approval by the representatives of
any Federal or State agency concerned. 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 4. The permittee shall comply with all applicable Federal
and State 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 Mexican authorities, as well as the relevant state and
local governmental entities, and relevant federal agencies.
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 line shall be removed by, and at
the expense of, the permittee within such time as the Secretary of
State of the United States 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. If, in the future, it should appear to the Secretaries
of the Army or Homeland Security (or either Secretary's delegate) or
the United States Coast Guard that any facilities or operations
permitted hereunder cause unreasonable obstructions to the free
navigation of any of the navigable waters of the United States, the
permittee may be required, upon notice from the Secretary of the Army
or the Secretary of Homeland Security (or either Secretary's Delegate)
or the United States Coast Guard, to remove or alter such of the
facilities as are owned by it so as to render navigation through such
waters free and unobstructed.
Article 7. This permit is subject to the limitations, terms, and
conditions contained in any orders or regulations issued by any
competent agency of the United States Government with respect to the
United States facilities. This permit shall continue in force and
effect only so long as the permittee shall continue the operations
hereby
[[Page 8631]]
authorized in accordance with such limitations, terms, and conditions.
Article 8. When, in the opinion of the President of the United
States, the national security of the United States demands it, due
notice being given to the permittee by the Secretary of State of the
United States 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, and
control thereof for such length of time as may appear to the President
to be necessary to accomplish said purposes; 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 conditions 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 9. In the event of transfer of ownership or control of the
United States facilities or any part thereof, this permit shall
continue in effect temporarily for a reasonable time pending submission
of a proper application by the transferee for a new and permanent
permit, provided that notice of such transfer is given promptly in
writing to the Department of State accompanied by a statement by the
transferee under oath that the United States facilities and the
operation and maintenance thereof authorized by this permit will remain
substantially the same as before the transfer pending issuance to the
transferee of a new and permanent permit.
Article 10. (1) The permittee shall maintain the United States
facilities and every part thereof in a condition of good repair for
their safe operation.
(2) The permittee shall save harmless and indemnify the United
States from any and all claims or adjudged liability arising out of the
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.
Article 11. The permittee shall acquire such right-of-way grants,
easements, permits, and other authorizations as may become necessary
and appropriate, including those required by the International Boundary
and Water Commission.
Article 12. The permittee shall file with the appropriate agencies
of the Government of the United States 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 as may
hereafter be required under any laws or regulations of the Government
of the United States or its agencies.
Article 13. The permittee shall take all appropriate measures to
prevent or mitigate adverse environmental impacts or disruption of
significant archeological resources in connection with the
construction, operation and maintenance of the United States
facilities, including those proposed to be performed by it in the Final
Environmental Assessment dated September 2004 and the FONSI dated
September 22, 2004. Construction of the facilities shall be performed
in conformity with the proposed outline of work contained in the
Application and the Final Environmental Assessment.
Article 14. The permittee shall notify the Department of State if
before or during construction historic or archeological properties are
located and, to the extent construction has already started, will cease
construction immediately. The permittee acknowledges that historic and
archeological properties are protected under 49 U.S.C. Section 303
(formerly Section 4(f)), and the permittee shall prepare a Section 4(f)
statement if the United States facilities will have an effect on any
historic or archeological properties.
Article 15. The permittee shall comply with all agreed actions and
obligations undertaken to be performed in its Application for a
Presidential permit dated June 22, 2005, in the Final Environmental
Assessment and in the FONSI issued by the Department of State and to be
published in the Federal Register. The Final Environmental Assessment
includes the Draft Environmental Assessment, dated May, 2005, all
comments submitted by federal and state agencies on that document, the
responses to those comments and all correspondence between agencies and
the permittee addressing agency concerns.
Article 16. The permittee shall not begin construction until it has
obtained authorization for such construction from the Governments of
the United States and Mexico through the exchange of diplomatic notes.
The permittee shall provide written notice to the Department of State
at such time as the construction authorized by this permit is begun and
again at such time as construction is completed, interrupted or
discontinued.
Article 17. This permit shall issue fifteen days after the date of
the determination by the Under Secretary of Economic, Business and
Agricultural Affairs that issuance of this permit would serve the
national interest, provided that the Department of State does not
otherwise notify the permittee that the permit shall not issue.
IN WITNESS WHEREOF, I, Josette Shiner, Under Secretary of State for
Economic, Business, and Agricultural Affairs, have hereunto set my hand
this 7th day of February, 2006 in Washington, DC.
Josette Shiner,
Under Secretary of State for Economic, Business, and Agricultural
Affairs, Department of State.
[FR Doc. E6-2349 Filed 2-16-06; 8:45 am]
BILLING CODE 4710-07-P