[Federal Register Volume 74, Number 164 (Wednesday, August 26, 2009)]
[Notices]
[Pages 43212-43213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20598]


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DEPARTMENT OF STATE

[Public Notice 6738]


Notice of Issuance of a Presidential Permit for the Proposed 
Enbridge Energy Alberta Clipper Pipeline Project

August 26, 2009.

AGENCY: Department of State.

ACTION: Notice of Issuance of a Presidential Permit for the Proposed 
Enbridge Energy Alberta Clipper Pipeline Project.

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SUMMARY: This notice announces that on August 20, 2009, the Department 
of State issued a Presidential Permit to Enbridge Energy, Limited 
Partnership (``Enbridge'') authorizing it to construct, connect, 
operate, and maintain facilities at the border of the United States and 
Canada for the transport of crude oil between the United States and 
Canada across the international boundary.
    On May 15, 2007, Enbridge submitted an application to the U.S. 
Department of State (DOS) for construction, connection, operation, and 
maintenance of an oil pipeline and associated facilities at the U.S.-
Canada border to enable Enbridge to import heavy crude oil from Canada 
(the Alberta Clipper Project).
    Executive Order 13337 of April 30, 2004, as amended, delegates to 
the Secretary of State the President's authority to receive 
applications for permits for the construction, connection, operation, 
or maintenance of facilities, including pipelines, for the exportation 
or importation of petroleum, petroleum products, coal, or other fuels 
at the border of the United States and to issue or deny such 
Presidential Permits upon a national interest determination. The 
functions assigned to the Secretary have been further delegated within 
the Department of State to, inter alia, the Deputy Secretary of State.
    Consistent with the National Environmental Policy Act of 1969 
(``NEPA''), 42 U.S.C. 4321-4370f, the Council of Environmental Quality 
Regulations for Implementing the Procedural Provisions of NEPA, 40 CFR 
parts 1500-1508, and the Department's regulations for the 
implementation of NEPA, 22 CFR part 161, an Environmental Impact 
Statement (EIS) on potential issuance of a Presidential Permit for the 
construction, connection, operation, and maintenance of the pipeline 
was prepared by Entrix, Inc., a contractor selected by the Department 
of State.
    The Department of State published in the Federal Register a 
Notification of Receipt of the Enbridge Application for a permit on May 
25, 2007 (72 FR 29360). That notification solicited public comment on 
the application for a 30-day period. Thereafter, the Department 
published in the Federal Register a Notification of Intent to Prepare 
an Environmental Impact Statement on March 31, 2008 (73 FR 16920). The 
Department's Notice of Availability of the Draft EIS and request for 
public comment was published in the Federal Register on December 5, 
2008 (73 FR 74221), seeking comments by January 30, 2009. The 
Department received 850 public comments in response to this notice and 
took them into account in making its determination on the Enbridge 
application.
    As required by Executive Order 13337, the Enbridge pipeline 
application and a Draft Environmental Impact Statement were transmitted 
to Federal agencies for their review and comment on December 5, 2008. 
The Department of State received no objections from Federal agencies 
regarding the issuance of a permit. The Department published a notice 
of the availability of the Final Environmental Impact Statement in the 
Federal Register on June 8, 2009 (74 FR 27229).
    Consistent with its authority under Executive Order 13337, the 
Department reviewed all of the available information and documentation, 
including comments submitted by Federal and State agencies and the 
public. On August 3, 2009, the Secretary's Delegate, Deputy Secretary 
James B. Steinberg, signed the Record of Decision and National Interest 
Determination, which states that issuance of the Presidential Permit 
for the Alberta Clipper Pipeline Project would serve the national 
interest.
    Executive Order 13337 requires that Secretaries or Heads of certain 
agencies be notified of the Department's proposed determination 
concerning issuance of the Presidential Permit. Any agency required to 
be consulted under section 1(g) of the Order that disagrees with the 
proposed determination may notify the Secretary of State within 15 days 
of being notified that it disagrees with the determination and request 
that the Secretary refer the application to the President. On August 4, 
2009, as required under section 1(g) of the Executive Order, the 
Department notified all agencies of its intent to issue the Permit. The 
Department received no objections from notified agencies.
    On August 3, 2009, Deputy Secretary of State James B. Steinberg, 
signed the Presidential Permit, and on August 20, 2009, the Department 
issued the Permit to Enbridge.

[[Page 43213]]


FOR FURTHER INFORMATION CONTACT: The Presidential Permit, the Record of 
Decision and National Interest Determination, Enbridge's application 
for a Presidential Permit, including associated maps and drawings, the 
Final EIS and other project information is available for viewing and 
download at the project Web site: http://www.albertaclipper.state.gov. 
For information on the proposed project contact J. Brian Duggan, EEB/
ESC Room 4843, U.S. Department of State, Washington, DC 20520, or by 
telephone (202) 647-1291, or by fax at (202) 647-8758.

    Issued in Washington, DC on August 20, 2009.
Stephen J. Gallogly,
Director, Office of International Energy and Commodity Policy, 
Department of State.
[FR Doc. E9-20598 Filed 8-25-09; 8:45 am]
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