Notice of Issuance of a Presidential Permit to Enbridge Energy, Limited Partnership, 53553-53554 [2017-24886]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Notices]
[Pages 53553-53554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24886]


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DEPARTMENT OF STATE

[Public Notice: 10192]


Notice of Issuance of a Presidential Permit to Enbridge Energy, 
Limited Partnership

AGENCY: Department of State.

ACTION: Notice.

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SUMMARY: The Acting Assistant Secretary of State for Oceans and 
International Environmental and Scientific Affairs, acting pursuant to 
delegated authorities, issued a Presidential permit to Enbridge Energy, 
Limited Partnership (``Enbridge'') on October 13, 2017, authorizing 
Enbridge to operate and maintain pipeline facilities at the U.S.-Canada 
border in Pembina County, North Dakota for the transportation of crude 
oil and other hydrocarbons. In accordance with Executive Order 13337 
(April 30, 2004), the Acting Assistant Secretary determined that 
issuance of this permit would serve the national interest.

FOR FURTHER INFORMATION CONTACT: Richard W. Westerdale II, Bureau of 
Energy Resources, U.S. Department of State, 2201 C St. NW., Suite 4422, 
Washington, DC 20520, (202) 647-7947.

SUPPLEMENTARY INFORMATION: Additional information concerning the 
Enbridge 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/applicants/c55571.htm. 
Following is the text of the permit, as issued:

PRESIDENTIAL PERMIT

AUTHORIZING ENBRIDGE ENERGY, LIMITED PARTNERSHIP TO OPERATE AND 
MAINTAIN EXISTING PIPELINE FACILITIES AT THE INTERNATIONAL BOUNDARY 
BETWEEN THE UNITED STATES AND CANADA

    By virtue of the authority vested in me as Acting Assistant 
Secretary of State for Oceans and International Environmental and 
Scientific Affairs, including those authorities under Executive 
Order 13337, 69 FR 25299 (2004), Department of State Delegation of 
Authority 118-2 of January 26, 2006, and Department of State 
Delegation of Authority 415 of January 18, 2017; having considered 
the environmental effects of the proposed action consistent with the 
National Environmental Policy Act of 1969 (83 Stat. 852; 42 U.S.C. 
4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1536), 
and other statutes relating to environmental concerns; having 
considered the proposed action consistent with the National Historic 
Preservation Act of 1966 (80 Stat. 917, 16 U.S.C. 470f et seq.); and 
having requested and received the views of members of the public, 
various federal and state agencies, and various Indian tribes; I 
hereby grant permission, subject to the conditions herein set forth, 
to Enbridge Energy, Limited Partnership (hereinafter referred to as 
the ``permittee''), a wholly owned subsidiary of Enbridge Energy 
Partners, L.P., a limited partnership organized under the laws of 
the state of Delaware, to operate and maintain pipeline facilities 
at the border of the United States and Canada at Neche, North 
Dakota, for the transport of crude oil and other hydrocarbons 
between the United States and Canada.
    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 a 36-inch

[[Page 53554]]

diameter pipeline for the transport of up to 888,889 barrels per day 
of heavy crude oil and other hydrocarbons extending from the border 
between the United States and Canada at a point near Neche in 
Pembina County, North Dakota, up to and including the first mainline 
shut-off valve in the United States located approximately three 
miles from the international border.
    The United States facilities also include certain appurtenant 
facilities, including such metering facilities as are required by 
the Commissioner of U.S. Customs and Border Protection.
    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 operation and maintenance of the United States 
facilities shall be in all material respects as described in the 
permittee's application for a Presidential permit under Executive 
Order 13337, filed on November 20, 2012, as amended on June 16, 
2014, the Final Supplemental Environmental Impact Statement (SEIS) 
dated August 11, 2017, including all Appendices as supplemented, and 
any measures to mitigate adverse impacts included in the permittee's 
policies, plans, and procedures for pipeline maintenance and 
operation, such as the permittee's Integrated Contingency Plan, 
Environmental Mitigation Plan (Pipeline Maintenance Projects), 
Operations and Maintenance Manuals, Unanticipated Discovery Plans, 
and other mitigation and control plans that are already approved or 
that are approved in the future by the Department of State or other 
relevant federal agencies. In the event of any discrepancy among 
these documents, operation and maintenance of the United States 
facilities shall be in all material respects as described in the 
most recent approved document unless otherwise determined by the 
Department of State.
    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 facilities in the performance of their 
official duties.
    Article 3. The permittee shall comply with all applicable 
federal, state, local, and tribal laws and regulations regarding the 
operation and maintenance of the United States facilities and with 
all applicable industrial codes. The permittee shall obtain 
requisite permits from relevant state and local governmental 
entities, and relevant federal agencies.
    Article 4. All operation and maintenance of the United States 
facilities under this permit shall be subject to the limitations, 
terms, and conditions issued by any competent agency of the U.S. 
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. This permit shall continue in force and effect 
only so long as the permittee shall continue the operations hereby 
authorized in accordance with such limitations, terms, and 
conditions.
    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 
appropriate 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 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 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 transfer of ownership or control of the United 
States facilities or any part thereof shall be immediately notified 
in writing to the Department of State, including the submission of 
information identifying the transferee. 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 hold harmless and indemnify the United 
States from any claimed or adjudged liability arising out of 
construction, connection, operation, or maintenance of the 
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 the operation and maintenance of the 
United States facilities. Such measures will include the actions and 
obligations agreed to by permittee in its Operations and Maintenance 
Manuals, and other mitigation measures and control plans found in 
the SEIS, including all Appendices as supplemented, all of which are 
appended to and made part of this permit, 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 U.S. 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 U.S. 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, operation, or maintenance of the United States facilities.
    In witness whereof, I, Acting Assistant Secretary of State for 
Oceans and International Environmental and Scientific Affairs, have 
hereunto set my hand this 13th day of October 2017 in the City of 
Washington, District of Columbia.
Judith G. Garber,
Acting Assistant Secretary of State for Oceans and International 
Environmental and Scientific Affairs

End of permit text.

Richard W. Westerdale II,
Senior Advisor, Energy Resources Bureau, Energy Governance and Access 
Department of State.
[FR Doc. 2017-24886 Filed 11-15-17; 8:45 am]
 BILLING CODE 4710-AE-P