[Federal Register Volume 72, Number 209 (Tuesday, October 30, 2007)]
[Notices]
[Pages 61416-61417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21324]


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DEPARTMENT OF STATE

[Public Notice 5975]


Presidential Permits Concerning Pipeline Facilities on the 
International Boundaries of the United States

AGENCY: Department of State.

ACTION: Notice.

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    Section 1(a) of Executive Order 13337, of April 30, 2004, 
designates and empowers the Secretary of State to ``receive all 
applications for Presidential permits, as referred to in Executive 
Order 11423, as amended, for the construction, connection, operation, 
or maintenance, at the borders of the United States, of facilities for 
the exportation or importation of petroleum, petroleum products, coal, 
or other fuels to or from a foreign country.'' Furthermore, section 
1(a) of Executive Order 11423 designates and empowers the Secretary of 
State to receive ``all applications for permits for the construction, 
connection, operation, or maintenance, at the borders of the United 
States, of: (i) Pipelines, conveyor belts, and similar facilities for 
the exportation or importation of all products, except those specified 
section 1(a) of [Executive Order 13337] to or from a foreign country; 
(ii) facilities for the exportation or importation of water or sewage 
to or from a foreign country* * *'' This authority is subject to 
certain exceptions with respect to facilities covered by Executive 
Order 10485 of September 3, 1953 (concerning electric power and natural 
gas facilities), and Executive Order 10530 of May 10,

[[Page 61417]]

1954 (concerning submarine cables). section 2(b) of Executive Order 
11423 and section 3(b) of Executive Order 13337 authorizes the 
Secretary of State to issue such further rules and regulations and to 
prescribe such further procedures as may from time to time be deemed 
necessary or desirable for the exercise of the authority conferred by 
the Executive Orders.
    As noted in the preamble to Executive Order 11423, it is desirable 
to provide a systematic method of evaluation in connection with the 
issuance of Presidential permits. Moreover, Executive Order 13212 
instructs federal agencies to expedite their review of permits for 
energy related projects or take other actions as necessary to 
accelerate the completion of such projects, while maintaining safety, 
public health, and environmental protections. Therefore, in accordance 
with Executive Orders 11423 and 13337 and in furtherance of this 
foreign affairs function, the Department of State plans to assemble an 
interagency working group, consisting of relevant State Department 
personnel and personnel from other interested federal agencies, to 
develop guidance regarding a definition of ``U.S. facilities at the 
borders of the United States for the exportation or importation of 
petroleum, petroleum products, coal, or other fuels'' for purposes of 
Presidential permits issued under Executive Order 13337, and 
``construction, connection, operation, or maintenance, at the borders 
of the United States, of facilities for the exportation or importation 
of water or sewage to or from a foreign country'' for purposes of 
Presidential permits under Executive Order 11423.
    The Department intends to focus in particular on what portion of an 
international pipeline should be considered to constitute ``facilities 
at the borders of the United States'' for these purposes. The 
Department is also considering whether to apply this definition to all 
pending and future applications for Presidential permits under section 
1(a) of Executive Order 13337 and section 1(a)(i)-(ii) of Executive 
Order 11423, both for new pipeline proposals and for modifications to 
or transfers of previously-permitted pipeline facilities. (In 
considering this change, the Department does not intend to issue a new 
or amended Presidential permit with respect to a previously-permitted 
pipeline facility, where the application is submitted solely for the 
purpose of limiting the definition of ``U.S. facilities'' in the 
existing permit).
    Establishing a consistent definition is expected to aid permit 
applicants to prepare appropriate documentation in support of 
applications for Presidential permits subject to section 1(a) of 
Executive Order 13337 and section 1(a)(i)-(ii) of Executive Order 
11423. The scope of the definition would also have implications for the 
scope of the environmental review conducted by the Department in 
accordance with the National Environmental Policy Act (42 U.S.C. 4321, 
et. seq.), regulations issued by the Council on Environmental Quality 
(40 CFR Parts 1500-1508), and the Department of State's implementing 
regulations (22 CFR Part 161; see, in particular 22 CFR 161.7(c)(1)).
    The Department's final decision and guidelines, if any, on this 
issue will be published in the Federal Register.

DATES: The Department of State welcomes public comment and invites 
those who are interested in submitting comments relative to this issue 
to provide such comments on or before November 29, 2007 to Jeff Izzo, 
International Energy Commodity Policy, Room 4843, Department of State, 
Washington, DC 20520, or e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Jeff Izzo, Office of International 
Energy and Commodity Policy (EEB/ESC/IEC/EPC), Room 4843, Department of 
State, Washington, DC 20520, telephone 202-647-1291, facsimile 202-647-
4037, e-mail [email protected].

    Dated: October 23, 2007.
Stephen J. Gallogly,
Director, Office of International Energy and Commodities Policy, 
Department of State.
[FR Doc. E7-21324 Filed 10-29-07; 8:45 am]
BILLING CODE 4710-07-P