82 FR 32039 - Notice of Issuance of a Presidential Permit to NuStar Logistics, L.P.

DEPARTMENT OF STATE

Federal Register Volume 82, Issue 131 (July 11, 2017)

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 June 28, 2017, authorizing NuStar to operate and maintain existing pipeline facilities (``Dos Laredos pipeline facilities'') at the U.S.-Mexico border near Laredo, Texas for the transport of refined petroleum products, to include liquefied petroleum gas, regular and premium gasoline, kerosene, 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.

[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Notices]
[Pages 32039-32041]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14439]


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DEPARTMENT OF STATE

[Public Notice: 10053]


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 June 28, 
2017, authorizing NuStar to operate and maintain existing pipeline 
facilities (``Dos Laredos pipeline facilities'') at the U.S.-Mexico 
border near Laredo, Texas for the transport of refined petroleum 
products, to include liquefied petroleum gas, regular and premium 
gasoline, kerosene, 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, Deputy Director, 
Office of Policy Analysis and Public Diplomacy, Energy Resources 
Bureau, U.S. Department of State, 2201 C St. NW., Suite 4422, 
Washington, DC 20520.

SUPPLEMENTARY INFORMATION: Additional information concerning the Dos 
Laredos 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/c61192.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 Executive Order 
13337, 69 FR 25299 (2004), Department of State Delegation of Authority 
118-2 of January 26, 2006, and Department of State Delegation of 
Authority 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; having 
considered the proposed action consistent with the National Historic 
Preservation Act of 1966 (80 Stat. 917, 16 U.S.C. 470f et seq.); 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, to include 
liquefied petroleum gas, regular and premium gasoline, kerosene, 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

[[Page 32040]]

the facilities located in the United States. The United States 
facilities consist of an 8-5/8 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 near Laredo, Texas to the first mainline shutoff valve in 
the United States located approximately 0.9 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 
application for a Presidential permit under Executive Order 13337, 
filed on December 4, 2013, and the Final Supplemental Environmental 
Assessment (SEA) dated May 5, 2016, including any construction, 
mitigation, and reclamation measures, emergency response measures, 
standard operating procedures, and other mitigation and control plans 
that are already approved or that are approved in the future by the 
Department of State or other relevant federal agencies.
    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 appropriate 
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 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 construction, 
mitigation, and reclamation measures, emergency response measures, 
standard operating procedures, and other mitigation and control plans 
identified or described in the Final SEA, all of which are appended to 
and made part of this permit, or 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.

[[Page 32041]]

    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, Acting Assistant Secretary of State for 
Oceans and International Environmental and Scientific Affairs, have 
hereunto set my hand this 28th day of June 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,
Deputy Director, Office of Policy Analysis and Public Diplomacy, Energy 
Resources Bureau, Department of State.
[FR Doc. 2017-14439 Filed 7-10-17; 8:45 am]
BILLING CODE 4710-AE-P