Authorizing Front Range Pipeline, LLC, To Operate and Maintain Existing Pipeline Facilities at the International Boundary Between the United States and Canada, 63985-63987 [2020-22521]

Download as PDF Federal Register / Vol. 85, No. 196 / Thursday, October 8, 2020 / Presidential Documents 63985 Presidential Documents Presidential Permit of October 3, 2020 Authorizing Front Range Pipeline, LLC, 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 President of the United States of America (the ‘‘President’’), I hereby grant this Presidential permit, subject to the conditions herein set forth, to Front Range Pipeline, LLC (the ‘‘permittee’’). The permittee is a wholly owned subsidiary of CHS Inc., an agricultural business cooperative incorporated in the State of Minnesota. Permission is hereby granted to the permittee to operate and maintain existing pipeline Border facilities, as described herein, at the international border of the United States and Canada at Toole County, Montana, for the transport between the United States and Canada of all hydrocarbons and petroleum products of every description, refined or unrefined (inclusive of, but not limited to, crude oil, naphtha, liquefied petroleum gas, natural gas liquids, jet fuel, gasoline, kerosene, and diesel), but not including natural gas subject to section 3 of the Natural Gas Act, as amended (15 U.S.C. 717b). This permit does not affect the applicability of any otherwise-relevant laws and regulations. As confirmed in Article 2 of this permit, the Border facilities shall remain subject to all such laws and regulations. The term ‘‘Facilities,’’ as used in this permit, means the portion in the United States of the international pipeline project associated with the permittee’s April 30, 2019, application for a Presidential permit, and any land, structures, installations, or equipment appurtenant thereto. The term ‘‘Border facilities,’’ as used in this permit, means those parts of the Facilities consisting of one 10-inch diameter pipeline and one 12inch diameter pipeline in existence at the time of this permit’s issuance extending from the international border between the United States and Canada at Toole County, Montana, to and including the first mainline shutoff valve in the United States, located in that county approximately one third of a mile from the international border, and any land, structures, installations, or equipment appurtenant thereto. khammond on DSKJM1Z7X2PROD with PRESDOC6 This permit is subject to the following conditions: Article 1. The Border facilities herein described, and all aspects of their operation, shall be subject to all the conditions, provisions, and requirements of this permit and any subsequent Presidential amendment to it. This permit may be terminated, revoked, or amended at any time at the sole discretion of the President, with or without advice provided by any executive department or agency (agency). The permittee shall make no substantial change in the Border facilities, in the location of the Border facilities, or in the operation authorized by this permit unless the President has approved the change in an amendment to this permit or in a new permit. Such substantial changes do not include, and the permittee may make, changes to the average daily throughput capacity of the Border facilities to any volume of products that is achievable through the Border facilities, and to the directional flow of any such products. Article 2. The standards for, and the manner of, operation and maintenance of the Border facilities shall be subject to inspection by the representatives VerDate Sep<11>2014 20:25 Oct 07, 2020 Jkt 253250 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\08OCO1.SGM 08OCO1 63986 Federal Register / Vol. 85, No. 196 / Thursday, October 8, 2020 / Presidential Documents of appropriate Federal, State, and local agencies. Officers and employees of such agencies who are duly authorized and performing their official duties shall be granted free and unrestricted access to the Border facilities by the permittee. The Border facilities, including the operation and maintenance of the Border facilities, shall be subject to all applicable laws and regulations, including pipeline safety laws and regulations issued or administered by the Pipeline and Hazardous Materials Safety Administration of the U.S. Department of Transportation. Article 3. Upon the termination, revocation, or surrender of this permit, unless otherwise decided by the President, the permittee, at its own expense, shall remove the Border facilities within such time as the President may specify. If the permittee fails to comply with an order to remove, or to take such other appropriate action with respect to, the Border facilities, the President may direct an appropriate official or agency to take possession of the Border facilities—or to remove the Border facilities or take other action—at the expense of the permittee. The permittee shall have no claim for damages caused by any such possession, removal, or other action. Article 4. When, in the judgment of the President, ensuring the national security of the United States requires entering upon and taking possession of any of the Border facilities or parts thereof, and retaining possession, management, or control thereof for such a length of time as the President may deem necessary, the United States shall have the right to do so, provided that the President or his designee has given due notice to the permittee. The United States shall also have the right thereafter to restore possession and control to the permittee. In the event that the United States exercises the rights described in this article, it shall pay to the permittee just and fair compensation for the use of such Border facilities, upon the basis of a reasonable profit in normal conditions, and shall bear the cost of restoring the Border facilities to their previous condition, less the reasonable value of any improvements that may have been made by the United States. Article 5. Any transfer of ownership or control of the Border facilities, or any part thereof, or any changes to the name of the permittee, shall be immediately communicated in writing to the President or his designee, and shall include information identifying any transferee. Notwithstanding any such transfers or changes, this permit shall remain in force subject to all of its conditions, permissions, and requirements, and any amendments thereto, unless subsequently terminated, revoked, or amended by the President. khammond on DSKJM1Z7X2PROD with PRESDOC6 Article 6. (1) The permittee is responsible for acquiring any right-of-way grants or easements, permits, and other authorizations as may become necessary or 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 Border facilities, including environmental contamination from the release, threatened release, or discharge of hazardous substances or hazardous waste. (3) To ensure the safe operation of the Border facilities, the permittee shall maintain them and every part of them in a condition of good repair and in compliance with applicable law. Article 7. The permittee shall file with the President or his designee, and with appropriate agencies, such sworn statements or reports with respect to the Border facilities, or the permittee’s activities and operations in connection therewith, as are now, or may hereafter, be required under any law or regulation of the United States Government or its agencies. These reporting obligations do not alter the intent that this permit be operative as a directive issued by the President alone. Article 8. Upon request, the permittee shall provide appropriate information to the President or his designee with regard to the Border facilities. Such VerDate Sep<11>2014 20:25 Oct 07, 2020 Jkt 253250 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\08OCO1.SGM 08OCO1 Federal Register / Vol. 85, No. 196 / Thursday, October 8, 2020 / Presidential Documents 63987 requests could include, for example, information concerning current conditions or anticipated changes in ownership or control, construction, connection, operation, or maintenance of the Border facilities. Article 9. This permit 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. IN WITNESS WHEREOF, I, DONALD J. TRUMP, President of the United States of America, have hereunto set my hand this third day of October, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fifth. [FR Doc. 2020–22521 Filed 10–7–20; 11:15 am] VerDate Sep<11>2014 20:25 Oct 07, 2020 Jkt 253250 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\08OCO1.SGM 08OCO1 Trump.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC6 Billing code 3295–F1–P

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[Federal Register Volume 85, Number 196 (Thursday, October 8, 2020)]
[Presidential Documents]
[Pages 63985-63987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22521]




                        Presidential Documents 



Federal Register / Vol. 85 , No. 196 / Thursday, October 8, 2020 / 
Presidential Documents

[[Page 63985]]


                Presidential Permit of October 3, 2020

                
Authorizing Front Range Pipeline, LLC, 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 President of 
                the United States of America (the ``President''), I 
                hereby grant this Presidential permit, subject to the 
                conditions herein set forth, to Front Range Pipeline, 
                LLC (the ``permittee''). The permittee is a wholly 
                owned subsidiary of CHS Inc., an agricultural business 
                cooperative incorporated in the State of Minnesota. 
                Permission is hereby granted to the permittee to 
                operate and maintain existing pipeline Border 
                facilities, as described herein, at the international 
                border of the United States and Canada at Toole County, 
                Montana, for the transport between the United States 
                and Canada of all hydrocarbons and petroleum products 
                of every description, refined or unrefined (inclusive 
                of, but not limited to, crude oil, naphtha, liquefied 
                petroleum gas, natural gas liquids, jet fuel, gasoline, 
                kerosene, and diesel), but not including natural gas 
                subject to section 3 of the Natural Gas Act, as amended 
                (15 U.S.C. 717b).

                This permit does not affect the applicability of any 
                otherwise-relevant laws and regulations. As confirmed 
                in Article 2 of this permit, the Border facilities 
                shall remain subject to all such laws and regulations.

                The term ``Facilities,'' as used in this permit, means 
                the portion in the United States of the international 
                pipeline project associated with the permittee's April 
                30, 2019, application for a Presidential permit, and 
                any land, structures, installations, or equipment 
                appurtenant thereto.

                The term ``Border facilities,'' as used in this permit, 
                means those parts of the Facilities consisting of one 
                10-inch diameter pipeline and one 12-inch diameter 
                pipeline in existence at the time of this permit's 
                issuance extending from the international border 
                between the United States and Canada at Toole County, 
                Montana, to and including the first mainline shut-off 
                valve in the United States, located in that county 
                approximately one third of a mile from the 
                international border, and any land, structures, 
                installations, or equipment appurtenant thereto.

                This permit is subject to the following conditions:

                Article 1. The Border facilities herein described, and 
                all aspects of their operation, shall be subject to all 
                the conditions, provisions, and requirements of this 
                permit and any subsequent Presidential amendment to it. 
                This permit may be terminated, revoked, or amended at 
                any time at the sole discretion of the President, with 
                or without advice provided by any executive department 
                or agency (agency). The permittee shall make no 
                substantial change in the Border facilities, in the 
                location of the Border facilities, or in the operation 
                authorized by this permit unless the President has 
                approved the change in an amendment to this permit or 
                in a new permit. Such substantial changes do not 
                include, and the permittee may make, changes to the 
                average daily throughput capacity of the Border 
                facilities to any volume of products that is achievable 
                through the Border facilities, and to the directional 
                flow of any such products.

                Article 2. The standards for, and the manner of, 
                operation and maintenance of the Border facilities 
                shall be subject to inspection by the representatives

[[Page 63986]]

                of appropriate Federal, State, and local agencies. 
                Officers and employees of such agencies who are duly 
                authorized and performing their official duties shall 
                be granted free and unrestricted access to the Border 
                facilities by the permittee. The Border facilities, 
                including the operation and maintenance of the Border 
                facilities, shall be subject to all applicable laws and 
                regulations, including pipeline safety laws and 
                regulations issued or administered by the Pipeline and 
                Hazardous Materials Safety Administration of the U.S. 
                Department of Transportation.

                Article 3. Upon the termination, revocation, or 
                surrender of this permit, unless otherwise decided by 
                the President, the permittee, at its own expense, shall 
                remove the Border facilities within such time as the 
                President may specify. If the permittee fails to comply 
                with an order to remove, or to take such other 
                appropriate action with respect to, the Border 
                facilities, the President may direct an appropriate 
                official or agency to take possession of the Border 
                facilities--or to remove the Border facilities or take 
                other action--at the expense of the permittee. The 
                permittee shall have no claim for damages caused by any 
                such possession, removal, or other action.

                Article 4. When, in the judgment of the President, 
                ensuring the national security of the United States 
                requires entering upon and taking possession of any of 
                the Border facilities or parts thereof, and retaining 
                possession, management, or control thereof for such a 
                length of time as the President may deem necessary, the 
                United States shall have the right to do so, provided 
                that the President or his designee has given due notice 
                to the permittee. The United States shall also have the 
                right thereafter to restore possession and control to 
                the permittee. In the event that the United States 
                exercises the rights described in this article, it 
                shall pay to the permittee just and fair compensation 
                for the use of such Border facilities, upon the basis 
                of a reasonable profit in normal conditions, and shall 
                bear the cost of restoring the Border facilities to 
                their previous condition, less the reasonable value of 
                any improvements that may have been made by the United 
                States.

                Article 5. Any transfer of ownership or control of the 
                Border facilities, or any part thereof, or any changes 
                to the name of the permittee, shall be immediately 
                communicated in writing to the President or his 
                designee, and shall include information identifying any 
                transferee. Notwithstanding any such transfers or 
                changes, this permit shall remain in force subject to 
                all of its conditions, permissions, and requirements, 
                and any amendments thereto, unless subsequently 
                terminated, revoked, or amended by the President.

                Article 6. (1) The permittee is responsible for 
                acquiring any right-of-way grants or easements, 
                permits, and other authorizations as may become 
                necessary or 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 Border facilities, 
                including environmental contamination from the release, 
                threatened release, or discharge of hazardous 
                substances or hazardous waste.
                    (3) To ensure the safe operation of the Border 
                facilities, the permittee shall maintain them and every 
                part of them in a condition of good repair and in 
                compliance with applicable law.

                Article 7. The permittee shall file with the President 
                or his designee, and with appropriate agencies, such 
                sworn statements or reports with respect to the Border 
                facilities, or the permittee's activities and 
                operations in connection therewith, as are now, or may 
                hereafter, be required under any law or regulation of 
                the United States Government or its agencies. These 
                reporting obligations do not alter the intent that this 
                permit be operative as a directive issued by the 
                President alone.

                Article 8. Upon request, the permittee shall provide 
                appropriate information to the President or his 
                designee with regard to the Border facilities. Such

[[Page 63987]]

                requests could include, for example, information 
                concerning current conditions or anticipated changes in 
                ownership or control, construction, connection, 
                operation, or maintenance of the Border facilities.

                Article 9. This permit 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.

                IN WITNESS WHEREOF, I, DONALD J. TRUMP, President of 
                the United States of America, have hereunto set my hand 
                this third day of October, in the year of our Lord two 
                thousand twenty, and of the Independence of the United 
                States of America the two hundred and forty-fifth.
                
                
                    (Presidential Sig.)

[FR Doc. 2020-22521
Filed 10-7-20; 11:15 am]
Billing code 3295-F1-P
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