[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Notices]
[Pages 51861-51862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21179]


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DEPARTMENT OF STATE

[Public Notice: 9233]


Issuance of a Presidential Permit to Plains Pipeline, L.P.

AGENCY: Department of State.

ACTION: Notice of Issuance of a Presidential Permit to Plains Pipeline, 
L.P. to connect, operate, and maintain existing pipeline facilities at 
the international boundary between the United States and Canada.

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SUMMARY: The Department of State issued a Presidential Permit to Plains 
Pipeline, L.P. on August 3, 2015 to connect, operate, and maintain 
existing pipeline facilities acquired by that company at the border of 
the United States and Canada for the transport of crude oil between the 
United States and Canada. 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 
followed the procedures established 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: Deputy 
Director. Tel: 202-647-2041.

    Dated: August 13, 2015.
R. Chris Davy,
Acting Director, Energy Resources Bureau, Energy Diplomacy (ENR/EDP/
EWA), Bureau of Energy Resources, U.S. Department of State.

SUPPLEMENTARY INFORMATION: Additional information concerning the Plains 
Pipeline, L.P. pipeline facilities 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. Following 
is the text of the issued permit:
PRESIDENTIAL PERMIT
AUTHORIZING PLAINS PIPELINE, L.P. TO CONNECT, OPERATE, AND MAINTAIN 
EXISTING PIPELINE FACILITIES AT THE INTERNATIONAL BOUNDARY BETWEEN THE 
UNITED STATES AND CANADA
    By virtue of the authority vested in me as Under Secretary of State 
for Economic Growth, Energy, and the Environment, including those 
authorities under Executive Order 13337, 69 FR 25299 (2004), and 
Department of State Delegation of Authority 118-2 of January 26, 2006; 
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 Plains Pipeline, L.P. (hereinafter 
referred to as the ``permittee''), organized under the laws of the 
State of Texas, to connect, operate, and maintain existing pipeline 
facilities at the border of the United States and Canada near Raymond, 
Montana, for the transport of crude oil between Canada and the United 
States.
    The term ``facilities'' as used in this permit means the relevant 
portion of the pipelines and any land, structures, installations, or 
equipment appurtenant thereto. The term ``United States facilities'' as 
used in this permit includes a 12\3/4\-inch pipeline in existence at 
the time of this permit's issuance and extending from the international 
border between the United States and Canada to the first block valve 
located in the United States, with the coordinates 104 42.934 W, 48 
59.931 N.
    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 connection, operation, and maintenance of the United States 
facilities shall be in all material respects as described in the 
permittee's December 20, 2013 application for a Presidential Permit and 
supplemental

[[Page 51862]]

letter dated October 21, 2014 (the ``Application'').
    Article 2. The standards for, and the manner of, the 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 United States 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 or import and customs regulations, 
measurement capabilities and procedures, requirements pertaining to the 
pipeline's capacity, and other pipeline regulations.
    Article 5. 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 United 
States facilities be taken and that they be removed or other action 
taken, at the expense of the permittee; and the permittee shall have no 
claim for damages by reason of such possession, removal, or other 
action.
    Article 6. 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 United States 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 7. Any change 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 new owner or controlling entity. 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 8. (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 United 
States 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 9. The permittee shall take all necessary measures to 
prevent or mitigate adverse impacts on, or disruption of, the human 
environment in connection with 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 or state agencies, and any other measures deemed prudent by the 
permittee.
    Article 10. 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 11. 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 United 
States facilities.
    IN WITNESS WHEREOF, I, the Under Secretary of State for Economic 
Growth, Energy, and the Environment, have hereunto set my hand this 
third day of August 2015 in the City of Washington, District of 
Columbia.

Catherine A. Novelli
Under Secretary of State for Economic Growth, Energy, and the 
Environment

[FR Doc. 2015-21179 Filed 8-25-15; 8:45 am]
BILLING CODE 4710-AE-P