Presidential Permits: Magellan Pipeline Company, LP, 45697-45699 [2015-18490]
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Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Notices
DEPARTMENT OF STATE
[Public Notice 9209]
Notice of Intent To Prepare an
Environmental Review for the Upland
Pipeline, LLC Project
Department of State.
Notice; solicitation of
comments.
AGENCY:
ACTION:
The U.S. Department of State
(the Department) is issuing this Notice
of Intent (NOI) to inform the public that
it intends to prepare an environmental
analysis consistent with the National
Environmental Policy Act of 1969
(NEPA) to evaluate the potential
impacts of the construction and
operation of a proposed new pipeline
that would carry crude oil across the
United States-Canada border. This NOI
informs the public about the proposed
project and solicits participation and
comments from interested federal,
tribal, state, and local government
entities and the public. The Department
is soliciting comments to help inform
the scope and content of the
environmental review, as well as the
level (either an environmental
assessment or environmental impact
statement).
SUMMARY:
The Department invites the
public, governmental agencies, tribal
governments, and all other interested
parties to comment on the scope of the
environmental review. All such
comments should be provided in
writing, within thirty (30) days of the
publication of this notice, as directed
below. The comment period for the NOI
begins on July 31, 2015 and ends on
August 31, 2015. All comments in
response to the NOI must be submitted
by August 31, 2015.
ADDRESSES: Comments may be
submitted at www.regulations.gov by
entering the title of this Notice into the
search field and following the prompts.
Comments may also be submitted by
mail, addressed to: Upland Project
Manager, U.S. Department of State, 2201
C Street NW., Room 2726, Washington,
DC 20520. All comments from agencies
or organizations should indicate a
contact person for the agency or
organization.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
DATES:
FOR FURTHER INFORMATION CONTACT:
Project details on the Upland
Presidential Permit application, as well
as information on the Presidential
Permit process, are available on the
following Web site: https://
www.state.gov/e/enr/applicant/
applicants/. Please refer to this Web site
or contact the Department at the address
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listed in the ADDRESSES section of this
notice.
SUPPLEMENTARY INFORMATION: The U.S.
Department of State (the Department) is
issuing this Notice of Intent (NOI) to
inform the public that it intends to
prepare an environmental analysis
consistent with the National
Environmental Policy Act of 1969
(NEPA) (as implemented by the Council
on Environmental Quality Regulations
found at 40 CFR parts 1500–1508) to
evaluate the potential impacts of the
construction and operation of a
proposed new pipeline that would carry
crude oil across the United StatesCanada border. This NOI informs the
public about the proposed project and
solicits participation and comments
from interested federal, tribal, state, and
local government entities and the
public. The Department is soliciting
comments to help inform the scope and
content of the environmental review, as
well as the level (either an
environmental assessment or
environmental impact statement).
On April 22, 2015, Upland Pipeline,
LLC (Upland), which is a subsidiary of
TransCanada Pipeline Limited,
submitted an application for a new
Presidential Permit under Executive
Order 13337 to authorize the
construction, connection, operation, and
maintenance of pipeline facilities for the
export of crude oil, which would be
located at the border of the United
States and Canada, in Burke County,
North Dakota. The Upland project is
designed to transport crude oil from the
Williston Basin region in North Dakota
to Canada.
The Upland project would consist of
approximately 126 miles of new 20-inch
diameter pipeline in the United States
with 15 mainline valves, one at each of
five oil receipt facilities and ten located
along the pipeline route. The pipeline
project would have the capacity to
transport approximately 300,000 barrels
per day (bpd) of crude oil. The
requested Presidential Permit would
cover an approximately 18-mile segment
of pipeline between the northernmost
mainline shutoff valve in the United
States (located near milepost 108 of the
proposed project route in Burke County,
North Dakota) and the United StatesCanada border.
The Canadian portion of the Upland
Pipeline system would include a 20inch diameter pipeline that would
extend from the United States-Canada
border near Northgate, Saskatchewan to
Moosomin, Saskatchewan or Cromer,
Manitoba. Review and approval of the
proposed Canadian facilities will be
subject to the jurisdiction of the
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45697
Canadian National Energy Board as well
as various local, municipal, and
provincial authorities.
Project Location: The U.S. portion of
the proposed project is located in Burke
County, North Dakota.
Environmental Effects: The
environmental review will describe the
environmental effects of the proposed
action; any adverse environmental
effects that cannot be avoided should
the project be implemented; the
reasonable alternatives to the proposed
action; comparison between short-term
and long-term impacts on the
environment; any irreversible and
irretrievable commitments of natural,
physical or other resources that would
occur if the proposed action is
implemented; and any proposed
mitigation measures, if needed. The
analysis will focus on air quality,
biological resources, cultural resources,
geology and soils, greenhouse gas
emissions, hazards and hazardous
materials, potential accidents and spills,
hydrology and water quality, noise,
socioeconomics, environmental justice,
transportation and other topics
identified during scoping.
While the President has delegated
authority to the Department to issue
permits for pipeline facilities at the
borders of the United States, the
environmental review will analyze
impacts of the proposed project in the
United States that are dependent upon
Permit issuance.
All comments received during the
scoping period may be made public, no
matter how initially submitted.
Comments are not private and will not
be edited to remove identifying or
contact information. Commenters are
cautioned against including any
information that they would not want
publicly disclosed. Any party soliciting
or aggregating comments from other
persons is further requested to direct
those persons not to include any
identifying or contact information, or
information they would not want
publicly disclosed, in their comments.
Deborah Klepp,
Director, Office of Environmental Quality and
Transboundary Issues, Department of State.
[FR Doc. 2015–18866 Filed 7–30–15; 8:45 am]
BILLING CODE 4710–09–P
DEPARTMENT OF STATE
[Public Notice: 9205]
Presidential Permits: Magellan Pipeline
Company, LP
AGENCY:
E:\FR\FM\31JYN1.SGM
Department of State.
31JYN1
45698
Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Notices
Notice of issuance of a
Presidential Permit.
ACTION:
The Department of State
issued a Presidential Permit to Magellan
Pipeline Company, LP on July 15, 2015,
to connect, operate, and maintain
existing pipeline facilities acquired by
that company at the border of the
United States and Mexico that transport
liquid petroleum products between the
United States and Mexico. 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.
SUMMARY:
Dated: July 21, 2015.
Chris Davy,
Acting Director, Energy Resources Bureau,
Energy Diplomacy, Bureau of Energy
Resources, U.S. Department of State.
Appendix
asabaliauskas on DSK5VPTVN1PROD with NOTICES
PRESIDENTIAL PERMIT
AUTHORIZING MAGELLAN PIPELINE
COMPANY, L.P. TO OPERATE AND
MAINTAIN EXISTING PIPELINE
FACILITIES AT THE INTERNATIONAL
BOUNDARY BETWEEN THE UNITED
STATES AND MEXICO
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 Magellan Pipeline
Company, L.P. (hereinafter referred to as the
‘‘permittee’’), organized under the laws of the
State of Delaware, to connect, operate, and
maintain existing pipeline facilities at the
border of the United States and Mexico near
El Paso, Texas, for the transport of liquid
petroleum products between the United
States and Mexico.
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Jkt 235001
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 an existing
carbon steel pipeline, 8.625 inches in
diameter that extends approximately 600 feet
from the United States boundary with
Mexico to the first shut-off valve in existence
at the time of this permit’s issuance located
just north of the Cesar E. Chavez Border
Highway in the vicinity of El Paso, Texas.
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 September 13, 2013
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 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
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Sfmt 4703
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 United States 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
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Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Notices
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 14th 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. 2015–18490 Filed 7–30–15; 8:45 am]
BILLING CODE 4710–AE–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Intent To Rule on a Request
for a Change in Use From Aeronautical
to Non-Aeronautical To Provide for the
Use of an Existing Facility for
Manufacturing Purposes, at Elmira/
Corning Regional Airport, Horseheads,
NY
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for comment.
AGENCY:
The FAA proposes to rule and
invite public comment for a change in
use from aeronautical to nonaeronautical to provide for the use of an
existing facility for manufacturing
purposes, at Elmira/Corning Regional
Airport, Horseheads, NY.
DATES: Comments must be received on
or before August 31, 2015.
ADDRESSES: Comments on this
application may be mailed or delivered
to the following address: Ann Crook,
Director of Aviation, Elmira/Corning
Regional Airport, 276 Sing Sing Road,
Suite 1, Horseheads, NY 14845, (607)
739–5621 and at the FAA New York
Airports District Office: Evelyn
Martinez, Manager, New York Airports
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
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17:44 Jul 30, 2015
Jkt 235001
District Office, 1 Aviation Plaza,
Jamaica, NY 11434, (718) 995–5771.
FOR FURTHER INFORMATION CONTACT:
Ryan Allen, Community Planner, New
York Airports District Office, location
listed above. (718) 995–5677.
The request for a change in use from
aeronautical to non-aeronautical to
provide for the use of an existing facility
for manufacturing purposes may be
reviewed in person at the New York
Airports District Office located at 159–
30 Rockaway Blvd., Suite 111, Jamaica,
NY 11434.
SUPPLEMENTARY INFORMATION: The FAA
invites public comment for a change in
use from aeronautical to nonaeronautical to provide for the use of an
existing facility for manufacturing
purposes, at Elmira/Corning Regional
Airport under the provisions of 49
U.S.C. 47125(a). Based on a full review,
the FAA determined that the request for
a change in use from aeronautical to
non-aeronautical to provide for the use
of an existing facility for manufacturing
purposes, at Elmira/Corning Regional
Airport, Horseheads, NY., met the
procedural requirements.
The Following Is a Brief Overview of the
Request
The airport sponsor is requesting a
change in use from aeronautical to nonaeronautical for a 10.27 acre site located
along Kahler Road, including an
existing 96,000 square foot
manufacturing facility, 5,000 square foot
storage hangar, and adjoining 187,500
square foot parking lot with capacity for
332 parking stalls. In addition, the
proposal includes a 6,400 square foot
expansion to the existing facility to
support administrative and engineering
offices. The site would be utilized for
glass manufacturing operations by a
privately owned company. There is
currently no short or long term
aeronautical demand for the site, or
interest from an aeronautical tenant to
occupy the space. The Airport will
structure a land lease with the
prospective tenant based on fair market
value, along with the fee simple sale of
the buildings. All proceeds generated
from the lease agreement and fee simple
sale must be used exclusively by the
airport in accordance with 49 U.S.C.
47107(b) and the FAA’s policy on
revenue use.
Any person may inspect the request
by appointment at the FAA office
address listed above. Interested persons
are invited to comment on the proposed
change of use from aeronautical to nonaeronautical. All comments will be
considered by the FAA to the extent
practicable.
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45699
Issued in Jamaica, New York, July 27, 2015.
Evelyn Martinez,
Manager, New York Airports District Office.
[FR Doc. 2015–18821 Filed 7–30–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Noise Exposure Map Notice; Receipt of
Noise Compatibility Program and
Request for Review, Ted Stevens
Anchorage International Airport and
Lake Hood Seaplane Base, Anchorage,
Alaska
Federal Aviation
Administration, DOT.
ACTION: Notice.
AGENCY:
The Federal Aviation
Administration (FAA) announces its
determination that the Noise Exposure
Maps submitted by the Alaska
Department of Transportation & Public
Facilities for Ted Stevens Anchorage
International Airport and Lake Hood
Seaplane Base under the provisions of
49 U.S.C. 47501 et. seq. (Aviation Safety
and Noise Abatement Act) are in
compliance with applicable
requirements. The FAA also announces
that it is reviewing a proposed Noise
Compatibility Program that was
submitted for Ted Stevens Anchorage
International Airport and Lake Hood
Seaplane Base and that this program
will be approved or disapproved on or
before January 23, 2016.
DATES: Effective Date: The effective date
of the FAA’s determination on the Noise
Exposure Maps and of the start of its
review of the associated Noise
Compatibility Program is July 27, 2015.
The public comment period ends
September 25, 2015.
ADDRESSES: All comments, other than
those properly addressed to local land
use authorities; will be considered by
the FAA to the extent practicable.
Copies of the Noise Exposure Maps, the
FAA’s evaluation of the maps, and the
proposed Noise Compatibility Program
are available for examination by
appointment at the following locations:
Federal Aviation Administration,
Alaskan Region, Airports Division,
222 W. 7th Avenue, Annex Building,
Rm. A36, Anchorage, Alaska 99513.
Ted Stevens Anchorage International
Airport, 5000 W. International Airport
Rd. Suite C3820, Anchorage, Alaska
99502.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Leslie Grey, Federal Aviation
Administration, Anchorage, AK,
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]]>Agencies
[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)]
[Notices]
[Pages 45697-45699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18490]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice: 9205]
Presidential Permits: Magellan Pipeline Company, LP
AGENCY: Department of State.
[[Page 45698]]
ACTION: Notice of issuance of a Presidential Permit.
-----------------------------------------------------------------------
SUMMARY: The Department of State issued a Presidential Permit to
Magellan Pipeline Company, LP on July 15, 2015, to connect, operate,
and maintain existing pipeline facilities acquired by that company at
the border of the United States and Mexico that transport liquid
petroleum products between the United States and Mexico. 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.
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 MAGELLAN PIPELINE COMPANY, L.P. TO OPERATE AND MAINTAIN
EXISTING PIPELINE FACILITIES AT THE INTERNATIONAL BOUNDARY BETWEEN THE
UNITED STATES AND MEXICO
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 Magellan Pipeline
Company, L.P. (hereinafter referred to as the ``permittee''),
organized under the laws of the State of Delaware, to connect,
operate, and maintain existing pipeline facilities at the border of
the United States and Mexico near El Paso, Texas, for the transport
of liquid petroleum products 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 an existing carbon steel
pipeline, 8.625 inches in diameter that extends approximately 600
feet from the United States boundary with Mexico to the first shut-
off valve in existence at the time of this permit's issuance located
just north of the Cesar E. Chavez Border Highway in the vicinity of
El Paso, Texas.
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 September 13, 2013 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 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 United
States 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
[[Page 45699]]
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
14th 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. 2015-18490 Filed 7-30-15; 8:45 am]
BILLING CODE 4710-AE-P
