[Federal Register Volume 70, Number 103 (Tuesday, May 31, 2005)]
[Notices]
[Pages 30990-30991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10736]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[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

AGENCY: Department of State, Office of the Under Secretary for Economic 
and Agricultural Affairs.

ACTION: Notice.

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

FOR FURTHER INFORMATION CONTACT: Office of International Energy and 
Commodity Policy, Bureau of Economic and Business Affairs (EB/ESC/IEC), 
Department of State, 2201 C Street, NW., Suite 3535, Washington, DC 
20520, Attn: Matthew McManus, telephone: 202-647-2887, e-mail: 
[email protected].
    The Department of State's policies and procedures for issuance of a 
Presidential Permit in connection with cross-border facilities (such as 
pipelines, bridges, border crossings for land transportation, etc.) 
involve the exercise of a foreign affairs function of the United 
States. The following procedures apply in a given case only to the 
extent that they are consistent with a prior Congressional 
authorization (if any). In the event of a conflict, the prior 
Congressional authorization prevails. The Department of State also 
reserves the right to deviate from these procedures in particular 
cases.
    1. When the Department of State is notified by the holder of a 
Presidential permit of the transfer of the relevant facility, bridge or 
border crossing for land transportation to another party, the relevant 
Department of State office will contact the transferee entity and seek 
a commitment from the transferee, if not already provided, that it will 
abide by the relevant terms and conditions of the previously-issued 
permit.
    2. The relevant office will further request that the transferee 
submit an application for a new permit, containing, inter alia, 
information explaining the nature of the entity, its ownership, its 
place of incorporation or organization, information concerning its 
acquisition of relevant facility, bridge or border crossing from the 
prior permit holder and any other relevant information concerning its 
operation of the facility, bridge or border crossing.
    3. Once the relevant office in the Department of State obtains the 
commitment described above and a completed permit application, it will 
process the application in accordance with the procedures set forth in 
E.O. 11423, as amended, or E.O. 13337, as applicable. However, in the 
event that the transferee commits to abiding by the relevant terms and 
conditions of the previously-issued permit and further indicates that 
the operations of the relevant facility, bridge or border crossing will 
remain essentially unchanged from that previously permitted, the 
Department of State, pursuant to 22 CFR 161.7(b)(3), does not intend to 
conduct an environmental review of the application under its

[[Page 30991]]

regulations implementing the National Environmental Policy Act, 22 CFR 
part 161, unless information is brought to its attention in connection 
with the application process that the transfer potentially would have a 
significant impact on the quality of the human environment. In the 
latter circumstance, the Department of State will evaluate what further 
steps it will take with respect to environmental review of the 
application in light of the available information and its legal 
responsibilities under NEPA.

    Dated: May 24, 2005.
E. Anthony Wayne,
Assistant Secretary, Bureau of Economic and Business Affairs, 
Department of State.
[FR Doc. 05-10736 Filed 5-27-05; 8:45 am]
BILLING CODE 4710-07-P