Notice of Issuance of a Presidential Permit for Plains LPG Services, L.P. (Detroit River Pipeline Facilities), 32601-32602 [2014-13092]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 79, Number 108 (Thursday, June 5, 2014)]
[Notices]
[Pages 32601-32602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13092]


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DEPARTMENT OF STATE

[Public Notice 8756]


Notice of Issuance of a Presidential Permit for Plains LPG 
Services, L.P. (Detroit River Pipeline Facilities)

AGENCY: Department of State.

ACTION: Notice of Issuance of a Presidential Permit for Plains LPG 
Services, L.P. (Detroit River Pipeline Facilities).

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SUMMARY: The Department of State issued a Presidential Permit to Plains 
LPG Services, L.P. (``Plains LPG'') on May 23, 2014, authorizing Plains 
LPG to connect, operate, and maintain existing pipeline facilities 
(``Detroit River Pipeline'') it acquired at the border of the United 
States and Canada as a carrier for the transport of petroleum, 
petroleum products, and other liquid hydrocarbons between the United 
States and Canada. 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: Deputy 
Director. Tel: 202-736-7149.

SUPPLEMENTARY INFORMATION: Additional information concerning the Plains 
LPG 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. Following is the text of the issued 
permit:
PRESIDENTIAL PERMIT
AUTHORIZING PLAINS LPG SERVICES, L.P. 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 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 Plains LPG Services, L.P. (hereinafter 
referred to as the ``permittee''), a Texas limited partnership, to 
connect, operate, and maintain existing pipeline facilities at the 
border of the United States and Canada running underneath the Detroit 
River for the transport of petroleum, petroleum products, and other 
liquid hydrocarbons between the United States and 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 a ten-inch diameter pipeline in existence 
at the time of this permit's issuance extending from the international 
border between the United States and Canada underneath the Detroit 
River to the first block valve in the United States, located at a point 
onshore in Detroit, Michigan. 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 connection, operation and maintenance of the United States 
facilities shall be in all material respects as described in the 
permittee's June 15, 2012 application for a Presidential Permit (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 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. The permittee shall notify the Commissioner of Customs 
and Border Protection immediately if it plans to inject foreign 
merchandise into the United States facilities. In order to confirm the 
safety and integrity of the facilities and compliance with all 
applicable regulations, the permittee shall notify the Associate 
Administrator for Pipeline Safety at the Pipeline and Hazardous 
Materials Safety Administration immediately with regard to its plans to 
return to active service the United States facilities, which are not 
currently in use for the transport of authorized products.
    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

[[Page 32602]]

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; 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 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 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 Under Secretary of State for Economic 
Growth, Energy, and the Environment, have hereunto set my hand this 
23rd day of May 2014 in the City of Washington, District of Columbia.

Catherine A. Novelli,

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

    Date: May 27, 2014.
Michael F. Brennan,
Energy Officer, Office of Europe, Western Hemisphere and Africa, Bureau 
of Energy Resources, U.S. Department of State.
[FR Doc. 2014-13092 Filed 6-4-14; 8:45 am]
BILLING CODE 4710-09-P