[Federal Register Volume 85, Number 196 (Thursday, October 8, 2020)]
[Presidential Documents]
[Pages 63981-63983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22511]


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  Federal Register / Vol. 85, No. 196 / Thursday, October 8, 2020 / 
Presidential Documents  

[[Page 63981]]


                Presidential Permit of October 3, 2020

                
Authorizing Express Pipeline, LLC, 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 Express Pipeline, LLC 
                (the ``permittee''). The permittee is a limited 
                liability corporation incorporated in the State of 
                Delaware. 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 near Wild Horse, 
                Montana, 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 to the permittee, dated July 9, 2015, see 
                80 FR 45695 (July 31, 2015); the Presidential permit 
                issued to the permittee, dated September 27, 2004; and 
                the Presidential permit issued to the permittee's 
                predecessor in interest, Express Pipeline Partnership, 
                dated August 30, 1996.

                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 
                November 6, 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 24-
                inch diameter pipeline in existence at the time of this 
                permit's issuance extending from the international 
                border between the United States and Canada near Wild 
                Horse, Montana, to and including the first mainline 
                shut-off valve located in the United States, 
                approximately 5.89 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 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 63982]]

                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 63983]]

                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 third day of October, 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. 2020-22511
Filed 10-7-20; 11:15 am]
Billing code 3295-F1-P