[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Presidential Documents]
[Pages 46997-46999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17016]



[[Page 46995]]

Vol. 85

Monday,

No. 149

August 3, 2020

Part IV





The President





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Presidential Permit of July 29, 2020--Authorizing NuStar Logistics, 
L.P., To Construct, Connect, Operate, and Maintain Pipeline Facilities 
at the International Boundary Between the United States and Mexico



Presidential Permit of July 29, 2020--Authorizing NuStar Logistics, 
L.P., To Operate and Maintain Existing Pipeline Facilities at the 
International Boundary Between the United States and Mexico



Presidential Permit of July 29, 2020--Authorizing the Kansas City 
Southern Railway Company To Construct, Connect, Operate, and Maintain 
Railway Bridge Facilities at the International Boundary Between the 
United States and Mexico



Presidential Permit of July 29, 2020--Authorizing TransCanada Keystone 
Pipeline, L.P., To Operate and Maintain Existing Pipeline Facilities at 
the International Boundary Between the United States and Canada
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  Federal Register / Vol. 85, No. 149 / Monday, August 3, 2020 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 46997]]

                Presidential Permit of July 29, 2020

                
Authorizing NuStar Logistics, L.P., To Construct, 
                Connect, Operate, and Maintain Pipeline Facilities at 
                the International Boundary Between the United States 
                and Mexico



                By virtue of the authority vested in me as President of 
                the United States of America (the ``President''), I 
                hereby grant this Presidential permit, subject to the 
                conditions herein set forth, to NuStar Logistics, L.P. 
                (the ``permittee''). The permittee is a limited 
                partnership formed under the laws of the State of 
                Delaware and is a subsidiary of NuStar Energy L.P., a 
                publicly traded master limited partnership based in San 
                Antonio, Texas. Permission is hereby granted to the 
                permittee to construct, connect, operate, and maintain 
                pipeline Border facilities, as described herein, at the 
                international border of the United States and Mexico at 
                Hidalgo County, Texas, for the transport between the 
                United States and Mexico of all hydrocarbons and 
                petroleum products of every description, refined or 
                unrefined (inclusive of, but not limited to, crude oil, 
                naphtha, liquefied petroleum gas, natural gas liquids, 
                jet fuel, gasoline, kerosene, and diesel), but not 
                including natural gas subject to section 3 of the 
                Natural Gas Act, as amended (15 U.S.C. 717b).

                This permit supersedes and revokes the Presidential 
                permit issued previously to the permittee, dated June 
                28, 2017. See 82 Fed. Reg. 32041 (July 11, 2017).

                This permit does not affect the applicability of any 
                otherwise-relevant laws and regulations. As confirmed 
                in Article 2 of this permit, the Border facilities 
                shall remain subject to all such laws and regulations.

                The term ``Facilities,'' as used in this permit, means 
                the portion in the United States of the ``New Burgos'' 
                pipeline project associated with the permittee's May 
                28, 2019, application for an amendment to its existing 
                permit, and any land, structures, installations, or 
                equipment appurtenant thereto. The ``New Burgos'' 
                pipeline project will be approximately 46.5 miles of 
                pipeline connecting a terminal approximately 6 miles 
                north of downtown Edinburg, Texas, with the 
                Petr[oacute]leos Mexicanos (PEMEX) Burgos Gas Plant 
                near Reynosa, Tamaulipas, Mexico.

                The term ``Border facilities,'' as used in this permit, 
                means those parts of the Facilities consisting of a new 
                10-inch diameter pipeline 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 and including the first 
                mainline shut-off valve in the United States, located 
                in Hidalgo County, Texas, approximately 1.6 miles from 
                the international border, and any land, structures, 
                installations, or equipment appurtenant thereto.

                This permit is subject to the following conditions:

                    Article 1. The Border facilities herein described, 
                and all aspects of their operation, shall be subject to 
                all the conditions, provisions, and requirements of 
                this permit and any subsequent Presidential amendment 
                to it. This permit may be terminated, revoked, or 
                amended at any time at the sole discretion of the 
                President, with or without advice provided by any 
                executive department or agency (agency). The permittee 
                shall make no substantial change in the Border 
                facilities, in the location of the Border facilities, 
                or in the operation authorized by this permit unless 
                the President has approved the

[[Page 46998]]

                change in an amendment to this permit or in a new 
                permit. Such substantial changes do not include, and 
                the permittee may make, changes to the average daily 
                throughput capacity of the Border facilities to any 
                volume of products that is achievable through the 
                Border facilities, and to the directional flow of any 
                such products.
                    Article 2. The standards for, and the manner of, 
                construction, connection, operation, and maintenance of 
                the Border facilities shall be subject to inspection by 
                the representatives of appropriate Federal, State, and 
                local agencies. Officers and employees of such agencies 
                who are duly authorized and performing their official 
                duties shall be granted free and unrestricted access to 
                the Border facilities by the permittee. The Border 
                facilities, including the construction, connection, 
                operation, and maintenance of the Border facilities, 
                shall be subject to all applicable laws and 
                regulations, including pipeline safety laws and 
                regulations issued or administered by the Pipeline and 
                Hazardous Materials Safety Administration of the U.S. 
                Department of Transportation.
                    Article 3. Upon the termination, revocation, or 
                surrender of this permit, unless otherwise decided by 
                the President, the permittee, at its own expense, shall 
                remove the Border facilities within such time as the 
                President may specify. If the permittee fails to comply 
                with an order to remove, or to take such other 
                appropriate action with respect to, the Border 
                facilities, the President may direct an appropriate 
                official or agency to take possession of the Border 
                facilities--or to remove the Border facilities or take 
                other action--at the expense of the permittee. The 
                permittee shall have no claim for damages caused by any 
                such possession, removal, or other action.
                    Article 4. When, in the judgment of the President, 
                ensuring the national security of the United States 
                requires entering upon and taking possession of any of 
                the Border facilities or parts thereof, and retaining 
                possession, management, or control thereof for such a 
                length of time as the President may deem necessary, the 
                United States shall have the right to do so, provided 
                that the President or his designee has given due notice 
                to the permittee. The United States shall also have the 
                right thereafter to restore possession and control to 
                the permittee. In the event that the United States 
                exercises the rights described in this article, it 
                shall pay to the permittee just and fair compensation 
                for the use of such Border facilities, upon the basis 
                of a reasonable profit in normal conditions, and shall 
                bear the cost of restoring the Border facilities to 
                their previous condition, less the reasonable value of 
                any improvements that may have been made by the United 
                States.
                    Article 5. Any transfer of ownership or control of 
                the Border facilities, or any part thereof, or any 
                changes to the name of the permittee, shall be 
                immediately communicated in writing to the President or 
                his designee, and shall include information identifying 
                any transferee. Notwithstanding any such transfers or 
                changes, this permit shall remain in force subject to 
                all of its conditions, permissions, and requirements, 
                and any amendments thereto, unless subsequently 
                terminated, revoked, or amended by the President.
                    Article 6. (1) The permittee is responsible for 
                acquiring any right-of-way grants or easements, 
                permits, and other authorizations as may become 
                necessary or 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 Border facilities, including environmental 
contamination from the release, threatened release, or discharge of 
hazardous substances or hazardous waste.

(3) To ensure the safe operation of the Border facilities, the permittee 
shall maintain them and every part of them in a condition of good repair 
and in compliance with applicable law.

                    Article 7. The permittee shall file with the 
                President or his designee, and with appropriate 
                agencies, such sworn statements or reports with respect

[[Page 46999]]

                to the Border facilities, or the permittee's activities 
                and operations in connection therewith, as are now, or 
                may hereafter, be required under any law or regulation 
                of the United States Government or its agencies. These 
                reporting obligations do not alter the intent that this 
                permit be operative as a directive issued by the 
                President alone.
                    Article 8. Upon request, the permittee shall 
                provide appropriate information to the President or his 
                designee with regard to the Border 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 Border facilities.
                    Article 9. The permittee shall provide written 
                notice to the President or his designee at the time 
                that the construction authorized by this permit begins, 
                at such time as such construction is completed, 
                interrupted, or discontinued, and at other times as may 
                be requested by the President.
                    Article 10. This permit shall expire 10 years from 
                the date of its issuance if the permittee has not 
                commenced construction of the Border facilities by that 
                date.
                    Article 11. This permit is not intended to, and 
                does not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.

                IN WITNESS WHEREOF, I, DONALD J. TRUMP, President of 
                the United States of America, have hereunto set my hand 
                this twenty-ninth day of July, in the year of our Lord 
                two thousand twenty, and of the Independence of the 
                United States of America the two hundred and forty-
                fifth.
                
                
                    (Presidential Sig.)

[FR Doc. 2020-17016
Filed 7-31-20; 11:15 am]
Billing code 3295-F0-P