[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Presidential Documents]
[Pages 47005-47007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17045]


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  Federal Register / Vol. 85, No. 149 / Monday, August 3, 2020 / 
Presidential Documents  

[[Page 47005]]


                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

                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 TransCanada Keystone 
                Pipeline, L.P. (the ``permittee''). The permittee is a 
                limited partnership, organized under the laws of the 
                State of Delaware and owned by affiliates of TC Energy 
                Corporation, a Canadian public company organized under 
                the laws of Canada. Permission is hereby granted to the 
                permittee to operate and maintain existing pipeline 
                Border facilities, as described herein, at the 
                international border of the United States and Canada at 
                Cavalier County, North Dakota, for the transport 
                between the United States and Canada 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 March 
                11, 2008. See 73 Fed. Reg. 11456 (Mar. 3, 2008) (notice 
                of proposed permit determination).

                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 international 
                pipeline project associated with the permittee's July 
                12, 2019, application for an amendment to its existing 
                permit, and any land, structures, installations, or 
                equipment appurtenant thereto.

                The term ``Border facilities,'' as used in this permit, 
                means those parts of the Facilities consisting of a 30-
                inch diameter pipeline in existence at the time of this 
                permit's issuance extending from the international 
                border between the United States and Canada at Cavalier 
                County, North Dakota, to and including the first 
                mainline shut-off valve or pumping station in the 
                United States, 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 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

[[Page 47006]]

                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, 
                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 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 
                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

[[Page 47007]]

                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. 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. 2020-17045
Filed 7-31-20; 11:15 am]
Billing code 3295-F0-P