Procedures With Respect to Presidential Permits Where There Has Been a Transfer of Ownership or Control of a Cross-Border Facility, Bridge, or Border Crossing for Land Transportation, as Well as for Name Change of a Permit Holder, 42410-42411 [2017-18952]

Download as PDF 42410 Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–BX– 2017–039, and should be submitted on or before September 28, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.25 Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017–18937 Filed 9–6–17; 8:45 am] note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236–3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257–1 of December 11, 2015). I have ordered that Public Notice of these determinations be published in the Federal Register. Alyson Grunder, Deputy Assistant Secretary for Policy, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2017–18954 Filed 9–6–17; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF STATE [Public Notice: 10113] BILLING CODE 8011–01–P Notice of Determinations; Culturally Significant Objects Imported for Exhibition Determinations: ‘‘Vermeer and the Masters of Genre Painting: Inspiration and Rivalry’’ Exhibition DEPARTMENT OF STATE [Public Notice: 10114] Notice of Determinations; Culturally Significant Object Imported for Exhibition Determinations: Exhibition of ‘‘Inlaid Brass Candlestick From Iran’’ Object Notice is hereby given of the following determinations: I hereby determine that a certain object entitled ‘‘Inlaid Brass Candlestick from Iran,’’ imported from abroad for temporary exhibition within the United States, is of cultural significance. The object is imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit object at The Metropolitan Museum of Art, New York, New York, from on or about October 1, 2017, until on or about September 30, 2022, and at possible additional exhibitions or venues yet to be determined, is in the national interest. FOR FURTHER INFORMATION CONTACT: For further information, including information identifying the object, contact Elliot Chiu in the Office of the Legal Adviser, U.S. Department of State (telephone: 202–632–6471; email: section2459@state.gov). The mailing address is U.S. Department of State, L/PD, SA–5, Suite 5H03, Washington, DC 20522–0505. SUPPLEMENTARY INFORMATION: The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 mstockstill on DSK30JT082PROD with NOTICES SUMMARY: 25 17 CFR 200.30–3(a)(12). VerDate Sep<11>2014 17:42 Sep 06, 2017 Jkt 241001 Notice is hereby given of the following determinations: I hereby determine that certain objects to be included in the exhibition ‘‘Vermeer and the Masters of Genre Painting: Inspiration and Rivalry,’’ imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the National Gallery of Art, Washington, District of Columbia, from on or about October 22, 2017, until on or about January 21, 2018, and at possible additional exhibitions or venues yet to be determined, is in the national interest. FOR FURTHER INFORMATION CONTACT: For further information, including a list of the imported objects, contact Elliot Chiu in the Office of the Legal Adviser, U.S. Department of State (telephone: 202– 632–6471; email: section2459@ state.gov). The mailing address is U.S. Department of State, L/PD, SA–5, Suite 5H03, Washington, DC 20522–0505. SUPPLEMENTARY INFORMATION: The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236–3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257–1 of December 11, 2015). I have ordered that Public Notice SUMMARY: PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 of these determinations be published in the Federal Register. Alyson Grunder, Deputy Assistant Secretary for Policy, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2017–18953 Filed 9–6–17; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF STATE [Public Notice: 10111] Procedures With Respect to Presidential Permits Where There Has Been a Transfer of Ownership or Control of a Cross-Border Facility, Bridge, or Border Crossing for Land Transportation, as Well as for Name Change of a Permit Holder Department of State. Notice. AGENCY: ACTION: The President of the United States has authority to require permits for transboundary infrastructure projects based on his Constitutional powers over foreign affairs and national security. The Department is issuing this notice to describe the procedures it intends to follow with respect to transfers of ownership or control over cross-border facilities subject to Executive Order 11423, as amended, and Executive Order 13337, as well as changes of name of an entity holding a Presidential permit. This notice supersedes a previous notice, Public Notice 5092 (Procedures for Issuance of a Presidential Permit Where There Has Been a Transfer of the Underlying Facility, Bridge or Border Crossing for Land Transportation, 70 FR 30990, May 31, 2005), in its entirety. FOR FURTHER INFORMATION CONTACT: Marcus Lee, Bureau of Energy Resources, U.S. Department of State, 2201 C St. NW Suite 4422, Washington, DC 20520, (202) 485–1522 for issues related to Executive Order 13337; Litah Miller, Bureau of Western Hemisphere Affairs, U.S. Department of State, 2201 C St. NW Suite 6262, Washington, DC 20520 (202) 647–9894 for issues related to Executive Order 11423. SUPPLEMENTARY INFORMATION: On January 24, 2017, the President issued Executive Order 13766 on Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects in which he set forth the general policy of the Executive Branch ‘‘to streamline and expedite, in a manner consistent with law, . . . approvals for all infrastructure projects, especially projects that are a high priority for the Nation,’’ and cited pipelines, bridges, SUMMARY: E:\FR\FM\07SEN1.SGM 07SEN1 mstockstill on DSK30JT082PROD with NOTICES Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices and highways as examples of such high priority projects. The Secretary shares the President’s priorities regarding the expeditious review of infrastructure projects, including pipelines, bridges, and highways. In order to carry out this policy, the Department of State (Department) is undertaking a comprehensive assessment of its Presidential permit application review processes and is issuing this public notice as part of this effort. The President of the United States requires permits for transboundary infrastructure projects based upon his inherent foreign affairs and national security authority vested in Article II of the Constitution. In Executive Orders 11423 and 13337, acting pursuant to the Constitution and laws of the United States, including Section 301 of Title 3 of the United States Code, the President delegated to the Secretary of State the authority to receive applications and make determinations regarding approval or denial of Presidential permits for certain types of border facilities upon a national interest determination. The functions assigned to the Secretary have been further delegated within the Department. Because the determination is Presidential action, made through the exercise of Presidentially delegated authorities, the requirements of the National Environmental Policy Act of 1969 (NEPA), the National Historic Preservation Act of 1966, the Endangered Species Act of 1973, the Administrative Procedure Act, and other similar laws and regulations that do not apply to Presidential actions are inapplicable. However, as a matter of policy, the Department conducts its review of Presidential permit applications in a manner consistent with NEPA. The Department provides support to the relevant Department decision maker in exercising this delegated Presidential authority with respect to particular applications for new Presidential permits or to the modification, amendment, suspension, revocation, or transfer of existing Presidential permits. For applications made under Executive Order 13337, the Department’s Bureau of Energy Resources (ENR) provides such support. For applications made under Executive Order 11423, the Department’s Bureau of Western Hemisphere Affairs (WHA) provides such support. In 2005, the Department issued Public Notice 5092 (Procedures for Issuance of a Presidential Permit Where There Has Been a Transfer of the Underlying Facility, Bridge or Border Crossing for Land Transportation, 70 FR 30990, May 31, 2005) to provide guidance regarding VerDate Sep<11>2014 17:42 Sep 06, 2017 Jkt 241001 the procedures the Department intended to follow where there had been a transfer of an underlying facility, bridge, or border crossing for land transportation for which a Presidential permit had already been issued. In order to expedite the processing of transfers of infrastructure projects authorized under existing Presidential permits, including those that are a high priority for the Nation, as well as to provide Presidential permit holders and potential transferees with increased transparency regarding the procedures that the Department intends to follow with respect to such requests, the Department is issuing this public notice, which supersedes Public Notice 5092 in its entirety. This notice also clarifies that a request by an existing permit holder limited to changing the name of the entity holding the permit can be processed by the Department in a more expedited manner. The Department reserves the right to deviate from these procedures in particular cases. Procedures for Transfers of Ownership or Control of Cross-Border Facilities 1. If the notification to the Department is limited to a change or proposed change in ownership or control of crossborder facilities subject to Executive Order 11423, as amended, and Executive Order 13337, and does not include any other change involving the permitted facilities, an entity seeking to transfer such control or ownership shall provide in writing: (a) A commitment to the Department that it will abide by the relevant terms and conditions of the previously-issued permit; (b) Information identifying the entities and/or persons who will own and/or control the facilities (including details regarding place of incorporation or organization; ultimate ownership; ownership or control by any non-U.S. person; any special arrangements regarding control; and other relevant information); (c) Information concerning its acquisition or proposed acquisition of the relevant facility, bridge, or border crossing from the prior permit holder (including transfer instruments, as relevant); and (d) Any other relevant information concerning its operation of the facility, bridge, or border crossing. 2. The Department will evaluate what further steps it may take, consistent with NEPA, with respect to environmental review of the notified permit transfer in light of the available information. Provided that no information is brought to the Department’s attention that the transfer PO 00000 Frm 00143 Fmt 4703 Sfmt 9990 42411 potentially would have a significant impact on the quality of the human environment; the transferee commits to abide by the relevant terms and conditions of the previously-issued permit; and the transferee further indicates that the operations of the relevant facility, bridge, or border crossing will remain essentially unchanged from that previously authorized, the Department will notify the transferee that it will not conduct an environmental review. 3. The Department will seek the views of other Executive departments and agencies, as appropriate, as to whether the transfer should affect the prior determination by the President, the Secretary, or the Secretary’s delegate that resulted in the issuance of the existing permit. If, however, either before or after such interagency consultation the Secretary of State or his delegate determines that the transfer requires a new national interest determination and issuance of a new permit, the Department will process the application in accordance with the procedures for issuance of a new permit set forth in Executive Order 11423, as amended, or Executive Order 13337, as applicable. Otherwise, the Department will issue a notice in the Federal Register recording the change within 90 days of either the date on which the Department notifies the transferee under paragraph two above or the date on which the Department completes its environmental review. Procedures for Name Changes of Permit Holder of Cross-Border Facilities If the notification to the Department is limited to a change in the entity’s name and does not include any change in ownership or control of the permitted facilities, or any other change involving the facilities, the procedures listed above are inapplicable and the Department will confirm its receipt of such notification and indicate what information, if any, the Department requires to process the notification as complete. The Department will issue a notice in the Federal Register recording this change within 90 days of receiving a completed notification. Further information can be found at the https://www.state.gov/p/wha/rt/ permit/index.htm. Judith G. Garber, Acting Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs. [FR Doc. 2017–18952 Filed 9–6–17; 8:45 am] BILLING CODE 4710–AE–P E:\FR\FM\07SEN1.SGM 07SEN1

Agencies

[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Pages 42410-42411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18952]


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DEPARTMENT OF STATE

[Public Notice: 10111]


Procedures With Respect to Presidential Permits Where There Has 
Been a Transfer of Ownership or Control of a Cross-Border Facility, 
Bridge, or Border Crossing for Land Transportation, as Well as for Name 
Change of a Permit Holder

AGENCY: Department of State.

ACTION: Notice.

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

SUMMARY: The President of the United States has authority to require 
permits for transboundary infrastructure projects based on his 
Constitutional powers over foreign affairs and national security. The 
Department is issuing this notice to describe the procedures it intends 
to follow with respect to transfers of ownership or control over cross-
border facilities subject to Executive Order 11423, as amended, and 
Executive Order 13337, as well as changes of name of an entity holding 
a Presidential permit. This notice supersedes a previous notice, Public 
Notice 5092 (Procedures for Issuance of a Presidential Permit Where 
There Has Been a Transfer of the Underlying Facility, Bridge or Border 
Crossing for Land Transportation, 70 FR 30990, May 31, 2005), in its 
entirety.

FOR FURTHER INFORMATION CONTACT: Marcus Lee, Bureau of Energy 
Resources, U.S. Department of State, 2201 C St. NW Suite 4422, 
Washington, DC 20520, (202) 485-1522 for issues related to Executive 
Order 13337; Litah Miller, Bureau of Western Hemisphere Affairs, U.S. 
Department of State, 2201 C St. NW Suite 6262, Washington, DC 20520 
(202) 647-9894 for issues related to Executive Order 11423.

SUPPLEMENTARY INFORMATION: On January 24, 2017, the President issued 
Executive Order 13766 on Expediting Environmental Reviews and Approvals 
for High Priority Infrastructure Projects in which he set forth the 
general policy of the Executive Branch ``to streamline and expedite, in 
a manner consistent with law, . . . approvals for all infrastructure 
projects, especially projects that are a high priority for the 
Nation,'' and cited pipelines, bridges,

[[Page 42411]]

and highways as examples of such high priority projects. The Secretary 
shares the President's priorities regarding the expeditious review of 
infrastructure projects, including pipelines, bridges, and highways. In 
order to carry out this policy, the Department of State (Department) is 
undertaking a comprehensive assessment of its Presidential permit 
application review processes and is issuing this public notice as part 
of this effort.
    The President of the United States requires permits for 
transboundary infrastructure projects based upon his inherent foreign 
affairs and national security authority vested in Article II of the 
Constitution. In Executive Orders 11423 and 13337, acting pursuant to 
the Constitution and laws of the United States, including Section 301 
of Title 3 of the United States Code, the President delegated to the 
Secretary of State the authority to receive applications and make 
determinations regarding approval or denial of Presidential permits for 
certain types of border facilities upon a national interest 
determination. The functions assigned to the Secretary have been 
further delegated within the Department. Because the determination is 
Presidential action, made through the exercise of Presidentially 
delegated authorities, the requirements of the National Environmental 
Policy Act of 1969 (NEPA), the National Historic Preservation Act of 
1966, the Endangered Species Act of 1973, the Administrative Procedure 
Act, and other similar laws and regulations that do not apply to 
Presidential actions are inapplicable. However, as a matter of policy, 
the Department conducts its review of Presidential permit applications 
in a manner consistent with NEPA.
    The Department provides support to the relevant Department decision 
maker in exercising this delegated Presidential authority with respect 
to particular applications for new Presidential permits or to the 
modification, amendment, suspension, revocation, or transfer of 
existing Presidential permits. For applications made under Executive 
Order 13337, the Department's Bureau of Energy Resources (ENR) provides 
such support. For applications made under Executive Order 11423, the 
Department's Bureau of Western Hemisphere Affairs (WHA) provides such 
support.
    In 2005, the Department issued Public Notice 5092 (Procedures for 
Issuance of a Presidential Permit Where There Has Been a Transfer of 
the Underlying Facility, Bridge or Border Crossing for Land 
Transportation, 70 FR 30990, May 31, 2005) to provide guidance 
regarding the procedures the Department intended to follow where there 
had been a transfer of an underlying facility, bridge, or border 
crossing for land transportation for which a Presidential permit had 
already been issued.
    In order to expedite the processing of transfers of infrastructure 
projects authorized under existing Presidential permits, including 
those that are a high priority for the Nation, as well as to provide 
Presidential permit holders and potential transferees with increased 
transparency regarding the procedures that the Department intends to 
follow with respect to such requests, the Department is issuing this 
public notice, which supersedes Public Notice 5092 in its entirety. 
This notice also clarifies that a request by an existing permit holder 
limited to changing the name of the entity holding the permit can be 
processed by the Department in a more expedited manner. The Department 
reserves the right to deviate from these procedures in particular 
cases.

Procedures for Transfers of Ownership or Control of Cross-Border 
Facilities

    1. If the notification to the Department is limited to a change or 
proposed change in ownership or control of cross-border facilities 
subject to Executive Order 11423, as amended, and Executive Order 
13337, and does not include any other change involving the permitted 
facilities, an entity seeking to transfer such control or ownership 
shall provide in writing:
    (a) A commitment to the Department that it will abide by the 
relevant terms and conditions of the previously-issued permit;
    (b) Information identifying the entities and/or persons who will 
own and/or control the facilities (including details regarding place of 
incorporation or organization; ultimate ownership; ownership or control 
by any non-U.S. person; any special arrangements regarding control; and 
other relevant information);
    (c) Information concerning its acquisition or proposed acquisition 
of the relevant facility, bridge, or border crossing from the prior 
permit holder (including transfer instruments, as relevant); and
    (d) Any other relevant information concerning its operation of the 
facility, bridge, or border crossing.
    2. The Department will evaluate what further steps it may take, 
consistent with NEPA, with respect to environmental review of the 
notified permit transfer in light of the available information. 
Provided that no information is brought to the Department's attention 
that the transfer potentially would have a significant impact on the 
quality of the human environment; the transferee commits to abide by 
the relevant terms and conditions of the previously-issued permit; and 
the transferee further indicates that the operations of the relevant 
facility, bridge, or border crossing will remain essentially unchanged 
from that previously authorized, the Department will notify the 
transferee that it will not conduct an environmental review.
    3. The Department will seek the views of other Executive 
departments and agencies, as appropriate, as to whether the transfer 
should affect the prior determination by the President, the Secretary, 
or the Secretary's delegate that resulted in the issuance of the 
existing permit. If, however, either before or after such interagency 
consultation the Secretary of State or his delegate determines that the 
transfer requires a new national interest determination and issuance of 
a new permit, the Department will process the application in accordance 
with the procedures for issuance of a new permit set forth in Executive 
Order 11423, as amended, or Executive Order 13337, as applicable. 
Otherwise, the Department will issue a notice in the Federal Register 
recording the change within 90 days of either the date on which the 
Department notifies the transferee under paragraph two above or the 
date on which the Department completes its environmental review.

Procedures for Name Changes of Permit Holder of Cross-Border Facilities

    If the notification to the Department is limited to a change in the 
entity's name and does not include any change in ownership or control 
of the permitted facilities, or any other change involving the 
facilities, the procedures listed above are inapplicable and the 
Department will confirm its receipt of such notification and indicate 
what information, if any, the Department requires to process the 
notification as complete. The Department will issue a notice in the 
Federal Register recording this change within 90 days of receiving a 
completed notification.
    Further information can be found at the https://www.state.gov/p/wha/rt/permit/index.htm.

Judith G. Garber,
Acting Assistant Secretary of State for Oceans and International 
Environmental and Scientific Affairs.
[FR Doc. 2017-18952 Filed 9-6-17; 8:45 am]
 BILLING CODE 4710-AE-P