Presidential Permits: NOVA Chemicals Inc. Line 20 Facilities, 53493-53494 [2013-21165]
Download as PDF
<![CDATA[
Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Notices
DEPARTMENT OF STATE
[Public Notice 8443]
Presidential Permits: NOVA Chemicals
Inc. Line 20 Facilities
August 21, 2013.
Department of State.
Notice of Issuance of a
Presidential Permit for NOVA
Chemicals Inc. Line 20 Facilities.
AGENCY:
ACTION:
The Department of State
issued a Presidential Permit to NOVA
Chemicals Inc. (‘‘NOVA Inc.’’) on
August 16, 2013, authorizing NOVA Inc.
to connect, operate, and maintain
pipeline facilities at the border of the
United States and Canada for the export
of natural gas liquids from the United
States to Ontario, Canada. The Line 20
facilities were constructed in 1986 and
operated most recently by another entity
for the transport of natural gas pursuant
to a Presidential Permit issued by the
Federal Energy Regulatory Commission.
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 complied with
the procedures required under
Executive Order 13337, and provided
public notice and opportunity for
comment.
SUMMARY:
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: Michael
Brennan Tel: 202–647–7553.
SUPPLEMENTARY INFORMATION:
Additional information concerning the
NOVA Line 20 pipeline 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/c54799.htm. Following is the
text of the issued permit:
sroberts on DSK5SPTVN1PROD with NOTICES
Presidential Permit Authorizing NOVA
Chemicals, Inc. To Connect, Operate,
and Maintain Pipeline Facilities at the
International Boundary Between the
United States and Canada
By virtue of the authority vested in
me as Deputy Secretary of State,
including those authorities under
Executive Order 13337, 69 FR 25299
(2004), and Department of State
Delegation of Authority 245–1 of
February 13, 2009; 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
VerDate Mar<15>2010
18:34 Aug 28, 2013
Jkt 229001
seq.) and other statutes relating to
environmental concerns; having
considered the proposed action
consistent with the National Historic
Preservation Act (80 Stat. 917, 16 U.S.C.
470f et seq.); and 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 NOVA
Chemicals, Inc. (hereinafter referred to
as the ‘‘permittee’’), which is
incorporated in the State of Delaware, to
connect, operate, and maintain pipeline
facilities at the border of the United
States and Canada in St. Clair County,
Michigan, for the export of natural gas
liquids from the United States to
Canada.
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 approximately 1,350 feet of
12-inch diameter pipeline extending
from a block valve site in St. Clair
County, Michigan to the international
border between the United States and
Canada, as well as 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, connection,
operation and maintenance of the
United States facilities shall be in all
material respects as described in the
permittee’s August 7, 2012 application
for a Presidential Permit (the
‘‘Application’’), as amended, and the
Department of State’s Finding of No
Significant Impact dated January 18,
2013. In the event of any discrepancy
among these documents, construction,
connection, operation and maintenance
of the United States facilities shall be in
all material respects as described in the
most recent approved document unless
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
53493
otherwise determined by the
Department of State.
Article 2. The standards for, and the
manner of, the construction, 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, 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 regulations,
measurement capabilities and
procedures, requirements pertaining to
the pipeline’s capacity, and other
pipeline regulations.
Article 5. The permittee shall notify
the Commissioner of Customs and
Border Protection immediately if it
plans to inject foreign merchandise into
the United States facilities, or it if plans
to seek an amendment to this permit
authorizing use of the United States
facilities for any imports of petroleum or
petroleum products into the United
States.
Article 6. 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 facilities be taken
and that they be removed or other action
taken, at the expense of the permittee;
E:\FR\FM\29AUN1.SGM
29AUN1
sroberts on DSK5SPTVN1PROD with NOTICES
53494
Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Notices
and the permittee shall have no claim
for damages by reason of such
possession, removal, or other action.
Article 7. 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 8. Any transfer 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 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 9. (1) The permittee is
responsible for acquiring any right-ofway 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 10. The permittee shall take all
necessary measures to prevent or
mitigate adverse environmental impacts
or disruption of archeological resources
in connection with construction,
connection, operation and maintenance
of the United States facilities. Such
VerDate Mar<15>2010
18:34 Aug 28, 2013
Jkt 229001
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 agencies, and any
other measures deemed prudent by the
permittee.
Article 11. 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 12. 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 U.S.
facilities.
In witness whereof, I, the Deputy
Secretary of State have hereunto set my
hand this 16th day of August 2013, in
the City of Washington, District of
Columbia.
William J. Burns,
Deputy Secretary of State.
Dated: August 21, 2013.
Michael F. Brennan,
Office of Europe, Western Hemisphere and
Africa, Bureau of Energy Resources, U.S.
Department of State.
[FR Doc. 2013–21165 Filed 8–28–13; 8:45 am]
BILLING CODE 4710–09–P
TENNESSEE VALLEY AUTHORITY
Dam Safety Modifications at Cherokee,
Fort Loudoun, Tellico, and Watts Bar
Dams
Tennessee Valley Authority.
Issuance of Record of Decision.
AGENCY:
ACTION:
This notice is provided in
accordance with the Council on
Environmental Quality’s regulations (40
CFR parts 1500 to 1508) and TVA’s
procedures for implementing the
National Environmental Policy Act
(NEPA). TVA has decided to adopt the
preferred alternative in its final
environmental impact statement (EIS)
for the dam safety modifications at
Cherokee, Fort Loudoun, Tellico, and
Watts Bar Dams. The notice of
availability (NOA) of the Final
SUMMARY:
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
Environmental Impact Statement for
Dam Safety Modifications at Cherokee,
Fort Loudoun, Tellico, and Watts Bar
Dams was published in the Federal
Register on May 31, 2013. This
alternative, Permanent Modifications of
Dam Structures: Combination of
Concrete Floodwalls and Earthen
Embankments, will protect the four
dams against failure during the Probable
Maximum Flood (PMF) event while
minimizing the adverse effects to the
appearance and recreational use of the
dam reservations.
FOR FURTHER INFORMATION CONTACT:
Charles P. Nicholson, NEPA
Compliance Manager, Tennessee Valley
Authority, 400 West Summit Hill Drive,
WT 11D, Knoxville, Tennessee 37902–
1499; telephone 865–632–3582, or email
cpnicholson@tva.gov.
TVA is an
agency and instrumentality of the
United States, established by an act of
Congress in 1933, to foster the social
and economic welfare of the people of
the Tennessee Valley region and to
promote the proper use and
conservation of the region’s natural
resources. A fundamental part of this
mission was the construction and
operation of an integrated system of
dams and reservoirs. As directed by the
TVA Act, TVA uses this system to
manage the water resources of the
Tennessee River for the purposes of
navigation, flood control, power
production. Consistent with these
purposes, TVA operates the system to
provide a wide range of other benefits.
As the Federal agency responsible for
the operation of numerous dams, and
consistent with the Federal Guidelines
for Dam Safety issued by the Federal
Emergency Management Agency, TVA
prepares for the worst case flooding
event in order to protect against dam
failure, loss of life, major property
damage, and impacts to critical
facilities. This worst case flooding event
is known as the PMF, defined as the
flood that may be expected from the
most severe combination of critical
meteorological and hydrological
conditions that are reasonably possible
in a particular area. Nuclear Regulatory
Commission (NRC) nuclear plant
operating regulations also require that
nuclear plants be protected against the
adverse effects of the PMF. TVA
periodically reviews and revises its
calculations of PMF elevations. During
the most recent review (completed in
2008), TVA determined that the updated
PMF elevations at Cherokee, Fort
Loudoun, Tellico, and Watts Bar Dams,
as well as at TVA’s Watts Bar and
SUPPLEMENTARY INFORMATION:
E:\FR\FM\29AUN1.SGM
29AUN1
]]>Agencies
[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Notices]
[Pages 53493-53494]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21165]
[[Page 53493]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 8443]
Presidential Permits: NOVA Chemicals Inc. Line 20 Facilities
August 21, 2013.
AGENCY: Department of State.
ACTION: Notice of Issuance of a Presidential Permit for NOVA Chemicals
Inc. Line 20 Facilities.
-----------------------------------------------------------------------
SUMMARY: The Department of State issued a Presidential Permit to NOVA
Chemicals Inc. (``NOVA Inc.'') on August 16, 2013, authorizing NOVA
Inc. to connect, operate, and maintain pipeline facilities at the
border of the United States and Canada for the export of natural gas
liquids from the United States to Ontario, Canada. The Line 20
facilities were constructed in 1986 and operated most recently by
another entity for the transport of natural gas pursuant to a
Presidential Permit issued by the Federal Energy Regulatory Commission.
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 complied with the procedures
required 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: Michael
Brennan Tel: 202-647-7553.
SUPPLEMENTARY INFORMATION: Additional information concerning the NOVA
Line 20 pipeline 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/c54799.htm. Following
is the text of the issued permit:
Presidential Permit Authorizing NOVA Chemicals, Inc. To Connect,
Operate, and Maintain Pipeline Facilities at the International Boundary
Between the United States and Canada
By virtue of the authority vested in me as Deputy Secretary of
State, including those authorities under Executive Order 13337, 69 FR
25299 (2004), and Department of State Delegation of Authority 245-1 of
February 13, 2009; 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.) and other statutes
relating to environmental concerns; having considered the proposed
action consistent with the National Historic Preservation Act (80 Stat.
917, 16 U.S.C. 470f et seq.); and 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 NOVA
Chemicals, Inc. (hereinafter referred to as the ``permittee''), which
is incorporated in the State of Delaware, to connect, operate, and
maintain pipeline facilities at the border of the United States and
Canada in St. Clair County, Michigan, for the export of natural gas
liquids from the United States to Canada.
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 approximately 1,350 feet of 12-inch
diameter pipeline extending from a block valve site in St. Clair
County, Michigan to the international border between the United States
and Canada, as well as 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, connection, operation and maintenance of the
United States facilities shall be in all material respects as described
in the permittee's August 7, 2012 application for a Presidential Permit
(the ``Application''), as amended, and the Department of State's
Finding of No Significant Impact dated January 18, 2013. In the event
of any discrepancy among these documents, construction, connection,
operation and maintenance of the United States facilities shall be in
all material respects as described in the most recent approved document
unless otherwise determined by the Department of State.
Article 2. The standards for, and the manner of, the construction,
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, 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 regulations, measurement capabilities and
procedures, requirements pertaining to the pipeline's capacity, and
other pipeline regulations.
Article 5. The permittee shall notify the Commissioner of Customs
and Border Protection immediately if it plans to inject foreign
merchandise into the United States facilities, or it if plans to seek
an amendment to this permit authorizing use of the United States
facilities for any imports of petroleum or petroleum products into the
United States.
Article 6. 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 facilities
be taken and that they be removed or other action taken, at the expense
of the permittee;
[[Page 53494]]
and the permittee shall have no claim for damages by reason of such
possession, removal, or other action.
Article 7. 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 8. Any transfer 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 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 9. (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 10. The permittee shall take all necessary measures to
prevent or mitigate adverse environmental impacts or disruption of
archeological resources in connection with construction, 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 agencies, and any other measures deemed
prudent by the permittee.
Article 11. 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 12. 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 U.S.
facilities.
In witness whereof, I, the Deputy Secretary of State have hereunto
set my hand this 16th day of August 2013, in the City of Washington,
District of Columbia.
William J. Burns,
Deputy Secretary of State.
Dated: August 21, 2013.
Michael F. Brennan,
Office of Europe, Western Hemisphere and Africa, Bureau of Energy
Resources, U.S. Department of State.
[FR Doc. 2013-21165 Filed 8-28-13; 8:45 am]
BILLING CODE 4710-09-P
