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]
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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:
https://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
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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 https://
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:
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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 https://
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
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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
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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.
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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 https://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