Department of State January 28, 2009 – Federal Register Recent Federal Regulation Documents
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Notice of Intent to Prepare an Environmental Impact Statement and to Conduct Scoping Meetings and Notice of Floodplain and Wetland Involvement and to Initiate Consultation under Section 106 of the National Historic Preservation Act for the Proposed Transcanada Keystone Xl Pipeline
TransCanada Keystone Pipeline, L.P. (Keystone) has applied to the United States Department of State for a Presidential Permit authorizing the construction, operation, and maintenance of facilities at the border of the United States for the importation of petroleum from a foreign country. Authorization is being requested in connection with Keystone's proposed international pipeline project (the Keystone XL Project), which is designed to transport crude oil production from the Western Canadian Sedimentary Basin to existing markets in the Texas Gulf Coast area. The Department of State receives and considers applications for Presidential Permits for such energy-related pipelines pursuant to authority delegated to it by the President under Executive Order 13337 of April 30, 2004 (69 FR 25299), as amended. To issue a Permit, the Department of State must find that issuance would serve the national interest. In the course of processing such applications, the Department consults extensively with concerned Federal and State agencies, and invites public comment in arriving at its determination. With respect to the application submitted by Keystone, the Department of State has concluded that the issuance of the Presidential Permit would constitute a major Federal action that may have a significant impact upon the environment within the meaning of the National Environmental Policy Act (NEPA) of 1969. For this reason, Department of State intends to prepare an EIS to address reasonably foreseeable impacts from the proposed action and alternatives. Additionally Department of State has determined that issuance of a Presidential permit for the Keystone XL project triggers review under Section 106 of the National Historic Preservation Act and is consequently initiating the required consultation under that statute. Consultation will be conducted with State Historic Preservation Officers, Indian tribes, and the Advisory Council on Historic Preservation, and other consulting parties, as appropriate, to determine the locations (if any) of potential sites for inclusion on the National Register of Historic Places as well as the potential eligibility and findings of effect for cultural resources identified within the Keystone XL Area of Potential Effect. The purpose of this Notice of Intent (NOI) is to inform the public about the proposed action, announce plans for scoping meetings, invite public participation in the scoping process, and solicit public comments for consideration in establishing the scope and content of the EIS. As the proposed project may involve an action in a floodplain or wetland, the EIS will include a floodplain and wetlands assessment and floodplain statement of findings.
Executive Order 11423, as Amended; Notice of Receipt of Application for a Presidential Permit for an International Rail Bridge on the U.S.-Mexico Border near Laredo, Texas, and Nuevo Laredo, Tamaulipas, Mexico
The Department of State hereby gives notice that, on December 31, 2008, it received from Kansas City Southern (KCS) an application for a Presidential permit to authorize the construction, operation, and maintenance of a new international rail bridge called the East Loop Bypass on the U.S.-Mexico border near Laredo, Texas, and Nuevo Laredo, Tamaulipas, Mexico. According to the application, KCS is an international transportation company comprised of three railroads and owns and operates an existing railroad bridge in Laredo. The proposed railroad bridge would be about 12 miles south of the existing railroad bridge. According to the application, the East Loop Rail Bypass project would relocate rail traffic from the Laredo city center, provide for additional rail capacity, enhance corridor safety, and improve the efficiency of cross-border rail crossings. In addition to the international bridge itself, KCS proposes as part of the project to construct about 50 miles of track to connect the new bridge to existing rail lines. The Department's jurisdiction over this application is based upon Executive Order 11423 of August 16, 1968, as amended. As provided in E.O. 11423, the Department is circulating this application to relevant federal and state agencies for review and comment. Under E.O. 11423, the Department has the responsibility to determine, taking into account input from these agencies and other stakeholders, whether issuance of a Presidential permit for this proposed bridge would be in the U.S. national interest.
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