[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Notices]
[Pages 53493-53494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21165]



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DEPARTMENT OF STATE

[Public Notice 8443]


Presidential Permits: NOVA Chemicals Inc. Line 20 Facilities

August 21, 2013.
AGENCY: Department of State.

ACTION: Notice of Issuance of a Presidential Permit for NOVA Chemicals 
Inc. Line 20 Facilities.

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SUMMARY: The Department of State issued a Presidential Permit to NOVA 
Chemicals Inc. (``NOVA Inc.'') on August 16, 2013, authorizing NOVA 
Inc. to connect, operate, and maintain pipeline facilities at the 
border of the United States and Canada for the export of natural gas 
liquids from the United States to Ontario, Canada. The Line 20 
facilities were constructed in 1986 and operated most recently by 
another entity for the transport of natural gas pursuant to a 
Presidential Permit issued by the Federal Energy Regulatory Commission. 
The Department of State determined that issuance of this permit would 
serve the national interest. In making this determination and issuing 
the permit, the Department of State complied with the procedures 
required under Executive Order 13337, and provided public notice and 
opportunity for comment.

FOR FURTHER INFORMATION CONTACT: Office of Europe, Western Hemisphere 
and Africa, Bureau of Energy Resources, U.S. Department of State (ENR/
EDP/EWA) 2201 C St. NW., Ste. 4843 Washington DC 20520 Attn: Michael 
Brennan Tel: 202-647-7553.

SUPPLEMENTARY INFORMATION: Additional information concerning the NOVA 
Line 20 pipeline and documents related to the Department of State's 
review of the application for a Presidential Permit can be found at 
http://www.state.gov/e/enr/applicant/applicants/c54799.htm. Following 
is the text of the issued permit:

Presidential Permit Authorizing NOVA Chemicals, Inc. To Connect, 
Operate, and Maintain Pipeline Facilities at the International Boundary 
Between the United States and Canada

    By virtue of the authority vested in me as Deputy Secretary of 
State, including those authorities under Executive Order 13337, 69 FR 
25299 (2004), and Department of State Delegation of Authority 245-1 of 
February 13, 2009; having considered the environmental effects of the 
proposed action consistent with the National Environmental Policy Act 
of 1969 (83 Stat. 852; 42 U.S.C. 4321 et seq.) and other statutes 
relating to environmental concerns; having considered the proposed 
action consistent with the National Historic Preservation Act (80 Stat. 
917, 16 U.S.C. 470f et seq.); and having requested and received the 
views of members of the public and various federal agencies; I hereby 
grant permission, subject to the conditions herein set forth, to NOVA 
Chemicals, Inc. (hereinafter referred to as the ``permittee''), which 
is incorporated in the State of Delaware, to connect, operate, and 
maintain pipeline facilities at the border of the United States and 
Canada in St. Clair County, Michigan, for the export of natural gas 
liquids from the United States to Canada.
    The term ``facilities'' as used in this permit means the relevant 
portion of the pipeline and any land, structures, installations or 
equipment appurtenant thereto.
    The term ``United States facilities'' as used in this permit means 
those parts of the facilities located in the United States. The United 
States facilities consist of approximately 1,350 feet of 12-inch 
diameter pipeline extending from a block valve site in St. Clair 
County, Michigan to the international border between the United States 
and Canada, as well as certain appurtenant facilities.
    This permit is subject to the following conditions:
    Article 1. (1) The United States facilities herein described, and 
all aspects of their operation, shall be subject to all the conditions, 
provisions, and requirements of this permit and any amendment thereof. 
This permit may be terminated or amended at any time at the discretion 
of the Secretary of State or the Secretary's delegate or upon proper 
application therefor. The permittee shall make no substantial change in 
the United States facilities, the location of the United States 
facilities, or in the operation authorized by this permit until such 
changes have been approved by the Secretary of State or the Secretary's 
delegate.
    (2) The construction, connection, operation and maintenance of the 
United States facilities shall be in all material respects as described 
in the permittee's August 7, 2012 application for a Presidential Permit 
(the ``Application''), as amended, and the Department of State's 
Finding of No Significant Impact dated January 18, 2013. In the event 
of any discrepancy among these documents, construction, connection, 
operation and maintenance of the United States facilities shall be in 
all material respects as described in the most recent approved document 
unless otherwise determined by the Department of State.
    Article 2. The standards for, and the manner of, the construction, 
operation, and maintenance of the United States facilities shall be 
subject to inspection and approval by the representatives of 
appropriate federal, state and local agencies. The permittee shall 
allow duly authorized officers and employees of such agencies free and 
unrestricted access to said facilities in the performance of their 
official duties.
    Article 3. The permittee shall comply with all applicable federal, 
state, and local laws and regulations regarding the connection, 
operation, and maintenance of the United States facilities and with all 
applicable industrial codes. The permittee shall obtain all requisite 
permits from state and local government entities and relevant federal 
agencies.
    Article 4. Connection, operation, and maintenance of the United 
States facilities hereunder shall be subject to the limitations, terms, 
and conditions issued by any competent agency of the United States 
Government. The permittee shall continue the operations hereby 
authorized and conduct maintenance in accordance with such limitations, 
terms, and conditions. Such limitations, terms, and conditions could 
address, for example, environmental protection and mitigation measures, 
safety requirements, export regulations, measurement capabilities and 
procedures, requirements pertaining to the pipeline's capacity, and 
other pipeline regulations.
    Article 5. The permittee shall notify the Commissioner of Customs 
and Border Protection immediately if it plans to inject foreign 
merchandise into the United States facilities, or it if plans to seek 
an amendment to this permit authorizing use of the United States 
facilities for any imports of petroleum or petroleum products into the 
United States.
    Article 6. Upon the termination, revocation, or surrender of this 
permit, and unless otherwise agreed by the Secretary of State or the 
Secretary's delegate, the United States facilities in the immediate 
vicinity of the international boundary shall be removed by and at the 
expense of the permittee within such time as the Secretary of State or 
the Secretary's delegate may specify, and upon failure of the permittee 
to remove, or to take such other action with respect to, this portion 
of the United States facilities as ordered, the Secretary of State or 
the Secretary's delegate may direct that possession of such facilities 
be taken and that they be removed or other action taken, at the expense 
of the permittee;

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and the permittee shall have no claim for damages by reason of such 
possession, removal, or other action.
    Article 7. When, in the opinion of the President of the United 
States, the national security of the United States demands it, due 
notice being given by the Secretary of State or the Secretary's 
delegate, the United States shall have the right to enter upon and take 
possession of any of the United States facilities or parts thereof; to 
retain possession, management, or control thereof for such length of 
time as may appear to the President to be necessary; and thereafter to 
restore possession and control to the permittee. In the event that the 
United States shall exercise such right, it shall pay to the permittee 
just and fair compensation for the use of such United States facilities 
upon the basis of a reasonable profit in normal conditions, and the 
cost of restoring said facilities to as good condition as existed at 
the time of entering and taking over the same, less the reasonable 
value of any improvements that may have been made by the United States.
    Article 8. Any transfer of ownership or control of the United 
States facilities or any part thereof shall be immediately notified in 
writing to the United States Department of State, including the 
submission of information identifying the transferee. This permit shall 
remain in force subject to all the conditions, permissions and 
requirements of this permit and any amendments thereto unless 
subsequently terminated or amended by the Secretary of State or the 
Secretary's delegate.
    Article 9. (1) The permittee is responsible for acquiring any 
right-of-way grants or easements, permits, and other authorizations as 
may become necessary and appropriate.
    (2) The permittee shall save harmless and indemnify the United 
States from any claimed or adjudged liability arising out of 
construction, connection, operation, or maintenance of the facilities, 
including but not limited to environmental contamination from the 
release or threatened release or discharge of hazardous substances and 
hazardous waste.
    (3) The permittee shall maintain the United States facilities and 
every part thereof in a condition of good repair for their safe 
operation, and in compliance with prevailing environmental standards 
and regulations.
    Article 10. The permittee shall take all necessary measures to 
prevent or mitigate adverse environmental impacts or disruption of 
archeological resources in connection with construction, connection, 
operation and maintenance of the United States facilities. Such 
measures will include any mitigation and control plans that are already 
approved or that are approved in the future by the Department of State 
or other relevant federal agencies, and any other measures deemed 
prudent by the permittee.
    Article 11. The permittee shall file with the appropriate agencies 
of the United States Government such statements or reports under oath 
with respect to the United States facilities, and/or permittee's 
activities and operations in connection therewith, as are now or may 
hereafter be required under any laws or regulations of the United 
States Government or its agencies. The permittee shall file electronic 
Export Information where required.
    Article 12. The permittee shall provide information upon request to 
the Department of State with regard to the United States facilities. 
Such requests could include, for example, information concerning 
current conditions or anticipated changes in ownership or control, 
construction, connection, operation, or maintenance of the U.S. 
facilities.
    In witness whereof, I, the Deputy Secretary of State have hereunto 
set my hand this 16th day of August 2013, in the City of Washington, 
District of Columbia.

William J. Burns,
Deputy Secretary of State.
    Dated: August 21, 2013.
Michael F. Brennan,
Office of Europe, Western Hemisphere and Africa, Bureau of Energy 
Resources, U.S. Department of State.
[FR Doc. 2013-21165 Filed 8-28-13; 8:45 am]
BILLING CODE 4710-09-P