Notice of Receipt of TransCanada Keystone Pipeline, L.P.'s Re-Application for a Presidential Permit To Construct, Connect, Operate, and Maintain Pipeline Facilities on the Border of the United States and Canada, 10429-10430 [2017-02740]

Download as PDF Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices mstockstill on DSK3G9T082PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Project details on the Enbridge application for a new Presidential Permit for Line 67 (including the amendment thereto), as well as the Draft SEIS and information on the Presidential Permit process, are available on the following Web site: http://www.state.gov/e/enr/applicant/ applicants/. Please refer to this Web site or contact Ms. Mary D. Hassell at the address listed in the ADDRESSES section of this notice. SUPPLEMENTARY INFORMATION: The Department evaluates Presidential Permits under Executive Order (E.O.) 13337 and 11423, as amended. E.O. 13337 delegates to the Secretary of State the President’s authority to receive applications for permits for the construction, operation or maintenance of facilities for the exportation and importation of petroleum, petroleum products, coal or other fuels (except natural gas) at the borders of the United States, and to issue or deny such Presidential Permits upon a national interest determination. To make this determination, the Department considers many factors, including but not limited to foreign policy; energy security; environmental, cultural and economic impacts; and compliance with applicable law and policy. On March 15, 2013, the Department issued a Notice of Intent (NOI) To Prepare a Supplemental Environmental Impact Statement (SEIS) and To Conduct Scoping and To Initiate Consultation consistent With the National Environmental Policy Act (NEPA) and Section 106 of the National Historic Preservation Act (NHPA) for the Proposed Enbridge Energy, Limited Partnership, Line 67 Capacity Expansion Project (2013 NOI) in the Federal Register (78 FR 16565). The 2013 NOI informed the public that the Department would be preparing an SEIS in support of its review of a November 2012 application from Enbridge Energy, Limited Partnership (Enbridge) for a new Presidential Permit that would, if granted, authorize Enbridge to operate its existing Line 67 at the pipeline’s full design capacity. In June 2014, Enbridge informed the Department that Enbridge intends to increase pumping capacity outside of the Line 67 ‘‘border segment’’ (the portion of Line 67 from the Canadian border to the first mainline shut-off valve in the United States, which is the segment that would be covered by a Presidential Permit), and to interconnect Line 67 with another Enbridge pipeline (Line 3) on both sides of the border segment. In light of the changes in the project description, the VerDate Sep<11>2014 18:35 Feb 09, 2017 Jkt 241001 Department issued an amended NOI (2014 NOI) on August 18, 2014 (79 FR 48817) and conducted additional public scoping. A description of the proposed project is included in the 2014 NOI and within Chapter 2 of the Draft SEIS. Availability of the Draft SEIS Copies of the Draft SEIS have been distributed to state and governmental agencies, tribal governments, and other interested parties. Printed copies of the document may be obtained by visiting the libraries listed below or by contacting Mary Hassell at the above address. The Draft SEIS is available on the project Web site at http:// www.state.gov/e/enr/applicant/ applicants/. A.C. Clark Library, Bemidji, MN Bemidji Public Library, Bemidji, MN Cass Lake Community Library, Cass Lake, MN Cloquet Public Library, Cloquet, MN Duluth Public Library, Duluth, MN Grand Rapids Public Library, Grand Rapids, MN Hallock Public Library, Hallock, MN Northwest Regional Library, Thief River Falls, MN Pembina School and Public Library, Pembina, ND Superior Public Library, Superior, WI Barton J. Putney, Director, Office of Environmental Quality and Transboundary Issues, Department of State. [FR Doc. 2017–02749 Filed 2–9–17; 8:45 am] BILLING CODE 4710–09–P DEPARTMENT OF STATE [Public Notice: 9881] Notice of Receipt of TransCanada Keystone Pipeline, L.P.’s ReApplication for a Presidential Permit To Construct, Connect, Operate, and Maintain Pipeline Facilities on the Border of the United States and Canada Department of State. Notice. AGENCY: ACTION: TransCanada Keystone Pipeline, L.P. (‘‘TransCanada’’) applied on May 4, 2012 to the U.S. Department of State (‘‘Department’’) for a Presidential Permit that would authorize the construction, connection, operation, and maintenance of pipeline facilities on the U.S./Canadian border in Phillips County, Montana for the importation of crude oil. The border facilities would be part of a proposed 875-mile pipeline and related facilities (the Keystone XL project) that is designed to transport up to 830,000 SUMMARY: PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 10429 barrels per day of crude oil from Alberta, Canada and the Bakken shale formation in North Dakota and Montana. The pipeline would cross the U.S. border near Morgan, Montana and continue through Montana, North Dakota, South Dakota, and Nebraska, where it would connect to existing pipeline facilities near Steele City, Nebraska for onward delivery to Cushing, Oklahoma and the U.S. Gulf Coast Region. On November 6, 2015, the Department announced the Secretary of State’s determination under Executive Order 13337 that issuing a Presidential Permit to TransCanada for the proposed Keystone XL pipeline’s border facilities would not serve the national interest, and denied the Permit application. On January 24, 2017, President Donald J. Trump issued a Presidential Memorandum (the ‘‘Presidential Memorandum’’) on the Construction of the Keystone XL Pipeline which, inter alia, invited TransCanada ‘‘to re-submit its application to the Department of State for a Presidential permit for the construction and operation of the Keystone XL Pipeline. . . .’’ The Presidential Memorandum is reproduced in its entirety at the end of this notice. The Department has received a resubmitted application from TransCanada and will conduct a review of the application in accordance with the Presidential Memorandum and any other applicable requirements. On February 5, 2014, the Department invited members of the public to comment on any factor they deem relevant to the national interest determination that will be made for the Keystone XL project application (79 FR 6984) and it is not inviting further public comment at this time. Background information related to the application, including a copy of TransCanada’s re-submitted application may be found at http:// www.keystonepipeline-xl.state.gov. FOR FURTHER INFORMATION CONTACT: Director, Energy Resources Bureau, Energy Governance and Access, Policy Analysis and Public Diplomacy (ENR/ EGA/PAPD), United States Department E:\FR\FM\10FEN1.SGM 10FEN1 10430 Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices of State, 2201 C St. NW., Suite 4422, Washington, DC 20520. Richard W. Westerdale II, Director, Energy Resources Bureau, Energy Governance and Access, Policy Analysis and Public Diplomacy (ENR/EGA/PAPD), Bureau of Energy Resources, Department of State. mstockstill on DSK3G9T082PROD with NOTICES Presidential Memorandum Regarding Construction of the Keystone XL Pipeline MEMORANDUM FOR THE SECRETARY OF STATE, THE SECRETARY OF THE ARMY, THE SECRETARY OF THE INTERIOR SUBJECT: Construction of the Keystone XL Pipeline Section 1. Policy. In accordance with Executive Order 11423 of August 16, 1968, as amended, and Executive Order 13337 of April 30, 2004, the Secretary of State has delegated authority to receive applications for Presidential permits for the construction, connection, operation, or maintenance, at the borders of the United States, of facilities for the exportation or importation of petroleum, petroleum products, coal, or other fuels to or from a foreign country, and to issue or deny such Presidential permits. As set forth in those Executive Orders, the Secretary of State should issue a Presidential permit for any cross-border pipeline project that ‘‘would serve the national interest.’’ Accordingly, pursuant to the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct as follows: Sec. 2. Invitation to Submit an Application. I hereby invite TransCanada Keystone Pipeline, L.P. (TransCanada), to promptly resubmit its application to the Department of State for a Presidential permit for the construction and operation of the Keystone XL Pipeline, a major pipeline for the importation of petroleum from Canada to the United States. Sec. 3. Directives. (a) Department of State. The Secretary of State shall, if the application referred to in section 2 is submitted, receive the application and take all actions necessary and appropriate to facilitate its expeditious review. With respect to that review, I hereby direct as follows: (i) The Secretary of State shall reach a final permitting determination, including a final decision as to any conditions on issuance of the permit that are necessary or appropriate to serve the national interest, within 60 days of TransCanada’s submission of the permit application. (ii) To the maximum extent permitted by law, the Final Supplemental Environmental Impact Statement issued by the Department of State in January 2014 regarding the Keystone XL Pipeline (Final Supplemental EIS) and the environmental analysis, consultation, and review described in that document (including appendices) shall be considered by the Secretary of State to satisfy the following with respect to the Keystone XL Pipeline as described in TransCanada’s permit application to the Department of State of May 4, 2012: (A) all applicable requirements of the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq.; and VerDate Sep<11>2014 18:35 Feb 09, 2017 Jkt 241001 (B) any other provision of law that requires executive department consultation or review (including the consultation or review required under section 7(a) of the Endangered Species Act of 1973, 16 U.S.C. 1536(a)). (iii) To the maximum extent permitted by law, any Federal permit or authorization issued before the date of this memorandum for the Keystone XL Pipeline shall remain in effect until the completion of the project. (iv) The agency notification and fifteen-day delay requirements of sections 1(g), 1(h), and 1(i) of Executive Order 13337 are hereby waived on the basis that, under the circumstances, observance of these requirements would be unnecessary, unwarranted, and a waste of resources. (b) Department of the Army. The Secretary of the Army shall, if the application referred to in section 2 is submitted and a Presidential permit issued, instruct the Assistant Secretary of the Army for Civil Works and the U.S. Army Corps of Engineers, including the Commanding General and Chief of Engineers, to take all actions necessary and appropriate to review and approve as warranted, in an expedited manner, requests for authorization to utilize Nationwide Permit 12 under section 404(e) of the Clean Water Act, 33 U.S.C. 1344(e), with respect to crossings of the ‘‘waters of the United States’’ by the Keystone XL Pipeline, to the maximum extent permitted by law. (c) Department of the Interior. The Secretary of the Interior, as well as the Directors of the Bureau of Land Management and the United States Fish and Wildlife Service, shall, if the application referred to in section 2 is submitted and a Presidential permit issued, take all steps necessary and appropriate to review and approve as warranted, in an expedited manner, requests for approvals related to the Keystone XL Pipeline, to the maximum extent permitted by law, including: (i) requests for grants of right-of-way and temporary use permits from the Bureau of Land Management; (ii) requests under the United States Fish and Wildlife Service’s regulations implementing the Migratory Bird Treaty Act, 16 U.S.C. 703 et seq.; and (iii) requests for approvals or other relief related to other applicable laws and regulations. (d) Publication. The Secretary of State shall promptly provide a copy of this memorandum to the Speaker of the House of Representatives, the President pro tempore of the Senate, the Majority Leader of the Senate, and the Governors of each State located along the Keystone XL Pipeline route as described in TransCanada’s application of May 4, 2012. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. (e) Private Property. Nothing in this memorandum alters any Federal, State, or local process or condition in effect on the date of this memorandum that is necessary to secure access from an owner of private property to construct the pipeline and crossborder facilities described herein. Land or an interest in land for the pipeline and crossborder facilities described herein may only be acquired consistently with the Constitution and applicable State laws. PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 Sec. 4. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Donald J. Trump [FR Doc. 2017–02740 Filed 2–9–17; 8:45 am] BILLING CODE 4710–AE–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highways in Colorado Federal Highway Administration (FHWA), DOT. ACTION: Notice of limitation on claims for judicial review of actions by FHWA and other Federal agencies. AGENCY: This notice announces actions taken by FHWA and other Federal agencies related to the Central 70 project in Denver and Aurora, Colorado, that are final within the meaning of 23 U.S.C. 139(l)(1). DATES: By this notice, FHWA is advising the public of final agency actions subject to the statute of limitations in 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before July 10, 2017. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: Chris Horn, Senior Area Engineer, Federal Highway Administration Colorado Division, 12300 W. Dakota Avenue, Lakewood, CO 80228, 720– 963–3017, Chris.Horn@dot.gov, normal business hours are 7:00 a.m. to 3:30 p.m. (Mountain time); or Vanessa Henderson, I–70 East Environmental Manager, Colorado Department of Transportation, 2000 South Holly Street, Denver, CO 80222, 303–512–5902, vanessa.henderson@state.co.us, normal SUMMARY: E:\FR\FM\10FEN1.SGM 10FEN1

Agencies

[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Notices]
[Pages 10429-10430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02740]


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DEPARTMENT OF STATE

[Public Notice: 9881]


Notice of Receipt of TransCanada Keystone Pipeline, L.P.'s Re-
Application for a Presidential Permit To Construct, Connect, Operate, 
and Maintain Pipeline Facilities on the Border of the United States and 
Canada

AGENCY: Department of State.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: TransCanada Keystone Pipeline, L.P. (``TransCanada'') applied 
on May 4, 2012 to the U.S. Department of State (``Department'') for a 
Presidential Permit that would authorize the construction, connection, 
operation, and maintenance of pipeline facilities on the U.S./Canadian 
border in Phillips County, Montana for the importation of crude oil. 
The border facilities would be part of a proposed 875-mile pipeline and 
related facilities (the Keystone XL project) that is designed to 
transport up to 830,000 barrels per day of crude oil from Alberta, 
Canada and the Bakken shale formation in North Dakota and Montana. The 
pipeline would cross the U.S. border near Morgan, Montana and continue 
through Montana, North Dakota, South Dakota, and Nebraska, where it 
would connect to existing pipeline facilities near Steele City, 
Nebraska for onward delivery to Cushing, Oklahoma and the U.S. Gulf 
Coast Region.
    On November 6, 2015, the Department announced the Secretary of 
State's determination under Executive Order 13337 that issuing a 
Presidential Permit to TransCanada for the proposed Keystone XL 
pipeline's border facilities would not serve the national interest, and 
denied the Permit application. On January 24, 2017, President Donald J. 
Trump issued a Presidential Memorandum (the ``Presidential 
Memorandum'') on the Construction of the Keystone XL Pipeline which, 
inter alia, invited TransCanada ``to re-submit its application to the 
Department of State for a Presidential permit for the construction and 
operation of the Keystone XL Pipeline. . . .'' The Presidential 
Memorandum is reproduced in its entirety at the end of this notice.
    The Department has received a re-submitted application from 
TransCanada and will conduct a review of the application in accordance 
with the Presidential Memorandum and any other applicable requirements.
    On February 5, 2014, the Department invited members of the public 
to comment on any factor they deem relevant to the national interest 
determination that will be made for the Keystone XL project application 
(79 FR 6984) and it is not inviting further public comment at this 
time.
    Background information related to the application, including a copy 
of TransCanada's re-submitted application may be found at http://www.keystonepipeline-xl.state.gov.

FOR FURTHER INFORMATION CONTACT: Director, Energy Resources Bureau, 
Energy Governance and Access, Policy Analysis and Public Diplomacy 
(ENR/EGA/PAPD), United States Department

[[Page 10430]]

of State, 2201 C St. NW., Suite 4422, Washington, DC 20520.

Richard W. Westerdale II,
Director, Energy Resources Bureau, Energy Governance and Access, Policy 
Analysis and Public Diplomacy (ENR/EGA/PAPD), Bureau of Energy 
Resources, Department of State.

Presidential Memorandum Regarding Construction of the Keystone XL 
Pipeline

MEMORANDUM FOR THE SECRETARY OF STATE, THE SECRETARY OF THE ARMY, THE 
SECRETARY OF THE INTERIOR

SUBJECT: Construction of the Keystone XL Pipeline

    Section 1. Policy. In accordance with Executive Order 11423 of 
August 16, 1968, as amended, and Executive Order 13337 of April 30, 
2004, the Secretary of State has delegated authority to receive 
applications for Presidential permits for the construction, 
connection, operation, or maintenance, at the borders of the United 
States, of facilities for the exportation or importation of 
petroleum, petroleum products, coal, or other fuels to or from a 
foreign country, and to issue or deny such Presidential permits. As 
set forth in those Executive Orders, the Secretary of State should 
issue a Presidential permit for any cross-border pipeline project 
that ``would serve the national interest.''
    Accordingly, pursuant to the authority vested in me as President 
by the Constitution and the laws of the United States of America, I 
hereby direct as follows:
    Sec. 2. Invitation to Submit an Application. I hereby invite 
TransCanada Keystone Pipeline, L.P. (TransCanada), to promptly re-
submit its application to the Department of State for a Presidential 
permit for the construction and operation of the Keystone XL 
Pipeline, a major pipeline for the importation of petroleum from 
Canada to the United States.
    Sec. 3. Directives. (a) Department of State. The Secretary of 
State shall, if the application referred to in section 2 is 
submitted, receive the application and take all actions necessary 
and appropriate to facilitate its expeditious review. With respect 
to that review, I hereby direct as follows:
    (i) The Secretary of State shall reach a final permitting 
determination, including a final decision as to any conditions on 
issuance of the permit that are necessary or appropriate to serve 
the national interest, within 60 days of TransCanada's submission of 
the permit application.
    (ii) To the maximum extent permitted by law, the Final 
Supplemental Environmental Impact Statement issued by the Department 
of State in January 2014 regarding the Keystone XL Pipeline (Final 
Supplemental EIS) and the environmental analysis, consultation, and 
review described in that document (including appendices) shall be 
considered by the Secretary of State to satisfy the following with 
respect to the Keystone XL Pipeline as described in TransCanada's 
permit application to the Department of State of May 4, 2012:
    (A) all applicable requirements of the National Environmental 
Policy Act of 1969, 42 U.S.C. 4321 et seq.; and
    (B) any other provision of law that requires executive 
department consultation or review (including the consultation or 
review required under section 7(a) of the Endangered Species Act of 
1973, 16 U.S.C. 1536(a)).
    (iii) To the maximum extent permitted by law, any Federal permit 
or authorization issued before the date of this memorandum for the 
Keystone XL Pipeline shall remain in effect until the completion of 
the project.
    (iv) The agency notification and fifteen-day delay requirements 
of sections 1(g), 1(h), and 1(i) of Executive Order 13337 are hereby 
waived on the basis that, under the circumstances, observance of 
these requirements would be unnecessary, unwarranted, and a waste of 
resources.
    (b) Department of the Army. The Secretary of the Army shall, if 
the application referred to in section 2 is submitted and a 
Presidential permit issued, instruct the Assistant Secretary of the 
Army for Civil Works and the U.S. Army Corps of Engineers, including 
the Commanding General and Chief of Engineers, to take all actions 
necessary and appropriate to review and approve as warranted, in an 
expedited manner, requests for authorization to utilize Nationwide 
Permit 12 under section 404(e) of the Clean Water Act, 33 U.S.C. 
1344(e), with respect to crossings of the ``waters of the United 
States'' by the Keystone XL Pipeline, to the maximum extent 
permitted by law.
    (c) Department of the Interior. The Secretary of the Interior, 
as well as the Directors of the Bureau of Land Management and the 
United States Fish and Wildlife Service, shall, if the application 
referred to in section 2 is submitted and a Presidential permit 
issued, take all steps necessary and appropriate to review and 
approve as warranted, in an expedited manner, requests for approvals 
related to the Keystone XL Pipeline, to the maximum extent permitted 
by law, including: (i) requests for grants of right-of-way and 
temporary use permits from the Bureau of Land Management; (ii) 
requests under the United States Fish and Wildlife Service's 
regulations implementing the Migratory Bird Treaty Act, 16 U.S.C. 
703 et seq.; and (iii) requests for approvals or other relief 
related to other applicable laws and regulations.
    (d) Publication. The Secretary of State shall promptly provide a 
copy of this memorandum to the Speaker of the House of 
Representatives, the President pro tempore of the Senate, the 
Majority Leader of the Senate, and the Governors of each State 
located along the Keystone XL Pipeline route as described in 
TransCanada's application of May 4, 2012. The Secretary of State is 
authorized and directed to publish this memorandum in the Federal 
Register.
    (e) Private Property. Nothing in this memorandum alters any 
Federal, State, or local process or condition in effect on the date 
of this memorandum that is necessary to secure access from an owner 
of private property to construct the pipeline and cross-border 
facilities described herein. Land or an interest in land for the 
pipeline and cross-border facilities described herein may only be 
acquired consistently with the Constitution and applicable State 
laws.
    Sec. 4. General Provisions. (a) Nothing in this memorandum shall 
be construed to impair or otherwise affect:
    (i) the authority granted by law to an executive department or 
agency, or the head thereof; or
    (ii) the functions of the Director of the Office of Management 
and Budget relating to budgetary, administrative, or legislative 
proposals.
    (b) This memorandum shall be implemented consistent with 
applicable law and subject to the availability of appropriations.
    (c) This memorandum is not intended to, and does not, create any 
right or benefit, substantive or procedural, enforceable at law or 
in equity by any party against the United States, its departments, 
agencies, or entities, its officers, employees, or agents, or any 
other person.
Donald J. Trump

[FR Doc. 2017-02740 Filed 2-9-17; 8:45 am]
 BILLING CODE 4710-AE-P