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]

Agencies

• DEPARTMENT OF STATE

[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.

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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