[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Notices]
[Pages 26563-26565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11812]


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DEPARTMENT OF STATE

[Public Notice 10025]


Notice of Issuance of a Presidential Permit to NuStar Logistics, 
L.P.

AGENCY: Department of State.

ACTION: Notice.

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SUMMARY: The Acting Assistant Secretary of State for Oceans and 
International Environmental and Scientific Affairs issued a 
Presidential permit to NuStar Logistics, L.P. (``NuStar'') on May 30, 
2017, authorizing NuStar to operate and maintain existing pipeline 
facilities (``Existing Burgos pipeline facilities'') at the U.S.-Mexico 
border near Edinburg, Texas for the transport of refined petroleum 
products, including naphtha, liquefied petroleum gas, natural gas 
liquids, jet fuel, regular and premium gasoline, and diesel. In 
accordance with Executive Order 13337 (April 30, 2004), the Acting 
Assistant Secretary determined that issuance of this permit would serve 
the national interest.

FOR FURTHER INFORMATION CONTACT: Matthew T. McManus, Acting Director, 
Energy Resources Bureau, Office of Policy Analysis and Public 
Diplomacy, U.S. Department of State, 2201 C St. NW., Suite 4422, 
Washington, DC 20520.

SUPPLEMENTARY INFORMATION: Additional information concerning the 
Existing Burgos pipeline facilities and documents related to the 
Department of State's review of the application for a Presidential 
permit can be found at https://www.state.gov/e/enr/applicant/applicants/c66757.htm. Following is the text of the permit, as issued:

PRESIDENTIAL PERMIT

AUTHORIZING NUSTAR LOGISTICS, L.P. TO OPERATE AND MAINTAIN EXISTING 
PIPELINE FACILITIES AT THE INTERNATIONAL BOUNDARY BETWEEN THE UNITED 
STATES AND MEXICO

    By virtue of the authority vested in me as Acting Assistant 
Secretary of State for Oceans and International Environmental and 
Scientific Affairs, including those authorities under

[[Page 26564]]

Executive Order 13337, 69 FR 25299 (2004), and Department of State 
Delegation of Authority 118-2 of January 26, 2006 and Delegation 415 of 
January 18, 2017; 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.), Section 7 of the 
Endangered Species Act of 1973 (16 U.S.C. 1536), and other statutes 
relating to environmental concerns; and having requested and received 
the views of members of the public, various federal and state agencies, 
and various Indian tribes; I hereby grant permission, subject to the 
conditions herein set forth, to NuStar Logistics, L.P., formerly known 
as Valero Logistics Operations, L.P. (hereinafter referred to as the 
``permittee''), a limited partnership formed under the laws of the 
state of Delaware, with its principal place of business in San Antonio, 
Texas, to operate and maintain existing pipeline facilities at the 
border of the United States and Mexico for the transport of refined 
petroleum products, including naphtha, liquefied petroleum gas, natural 
gas liquids, jet fuel, gasoline, and diesel between the United States 
and Mexico. 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 an 8-inch diameter pipeline in existence 
at the time of this permit's issuance extending from the international 
border between the United States and Mexico underneath the Rio Grande 
at a point southeast of Pe[ntilde]itas, Texas to the first mainline 
shutoff valve in the United States located approximately 1.6 miles from 
the Rio Grande. The United States facilities also include 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 operation and maintenance of the United States facilities 
shall be in all material respects as described in the permittee's 
December 18, 2014 application for a Presidential permit and consistent 
with the resource protection measures identified in the Final 
Environmental Assessment (EA) dated June 16, 2016.
    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 facilities in the performance of their official duties.
    Article 3. The permittee shall comply with all applicable federal, 
state, local, and tribal laws and regulations regarding the operation 
and maintenance of the United States facilities and with all applicable 
industrial codes. The permittee shall obtain requisite permits from 
relevant state and local governmental entities, and relevant federal 
agencies.
    Article 4. All operation and maintenance of the United States 
facilities under this permit shall be subject to the limitations, 
terms, and conditions issued by any competent agency of the U.S. 
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. This permit shall 
continue in force and effect only so long as the permittee shall 
continue the operations hereby authorized in accordance with such 
limitations, terms, and conditions.
    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 appropriate 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; 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 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 transfer of ownership or control of the United 
States facilities or any part thereof shall be immediately notified in 
writing to the 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 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 hold 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 9. The permittee shall take all necessary measures to 
prevent or

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mitigate adverse impacts on or disruption of the human environment in 
connection with the operation and maintenance of the United States 
facilities. Such measures will include the resource protection measures 
identified in the Final EA and any that are approved in the future by 
the Department of State or other relevant federal or state agencies, as 
well as any other measures deemed prudent by the permittee.
    Article 10. The permittee shall file with the appropriate agencies 
of the U.S. 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 U.S. 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 U.S. 
facilities.
    In witness whereof, I, Acting Assistant Secretary of State for 
Oceans and International Environmental and Scientific Affairs, have 
hereunto set my hand this Thirtieth day of May 2017 in the City of 
Washington, District of Columbia.

Judith G. Garber,
Acting Assistant Secretary of State for Oceans and International 
Environmental and Scientific Affairs

End of permit text.

Matthew T. McManus,
Acting Director, Energy Resource Bureau, Office of Policy Analysis And 
Public Diplomacy, Department of State.
[FR Doc. 2017-11812 Filed 6-6-17; 8:45 am]
BILLING CODE 4710-AE-P