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)
Federal Register Volume 82, Issue 131 (July 11, 2017)
| Page Range | 32039-32041 | |
| FR Document | 2017-14439 |
[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] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE [Public Notice: 10053] Notice of Issuance of a Presidential Permit to NuStar Logistics, L.P. AGENCY: Department of State ACTION: Notice ----------------------------------------------------------------------- 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
![Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Notices 32039
Institution and settlement of injunctive Iowa: Fremont, Mills Office of Policy Analysis and Public
actions; The Interest Rates are: Diplomacy, Energy Resources Bureau,
Institution and settlement of administrative U.S. Department of State, 2201 C St.
proceedings; and NW., Suite 4422, Washington, DC
Percent
Other matters relating to enforcement
proceedings.
20520.
For Physical Damage:
SUPPLEMENTARY INFORMATION:
At times, changes in Commission Homeowners With Credit Avail-
priorities require alterations in the able Elsewhere ...................... 3.875 Additional information concerning the
Homeowners Without Credit Dos Laredos pipeline facilities and
scheduling of meeting items.
For further information and to Available Elsewhere .............. 1.938 documents related to the Department of
Businesses With Credit Avail- State’s review of the application for a
ascertain what, if any, matters have been able Elsewhere ...................... 6.430 Presidential permit can be found at
added, deleted or postponed; please Businesses Without Credit https://www.state.gov/e/enr/applicant/
contact Brent J. Fields from the Office of Available Elsewhere .............. 3.215 applicants/c61192.htm. Following is the
the Secretary at (202) 551–5400. Non-Profit Organizations With text of the permit, as issued:
Dated: July 6, 2017. Credit Available Elsewhere ... 2.500
Non-Profit Organizations With- Presidential Permit
Brent J. Fields,
out Credit Available Else-
Secretary. where ..................................... 2.500 Authorizing NUSTAR Logistics, L.P. To
[FR Doc. 2017–14560 Filed 7–7–17; 11:15 am] For Economic Injury: Operate And Maintain Existing Pipeline
BILLING CODE 8011–01–P Businesses & Small Agricultural Facilities at the International Boundary
Cooperatives Without Credit Between the United States and Mexico
Available Elsewhere .............. 3.215 By virtue of the authority vested in
Non-Profit Organizations With-
SMALL BUSINESS ADMINISTRATION me as Acting Assistant Secretary of
out Credit Available Else-
where ..................................... 2.500 State for Oceans and International
[Disaster Declaration #15200 and #15201; Environmental and Scientific Affairs,
Nebraska Disaster #NE–00067] including those authorities under
The number assigned to this disaster
for physical damage is 15200 B and for Executive Order 13337, 69 FR 25299
Administrative Declaration of a
economic injury is 15201 0. (2004), Department of State Delegation
Disaster for the State of Nebraska
The States which received an EIDL of Authority 118–2 of January 26, 2006,
AGENCY: U.S. Small Business Declaration # are Nebraska, Iowa. and Department of State Delegation of
Administration. Authority 415 of January 18, 2017;
(Catalog of Federal Domestic Assistance having considered the environmental
ACTION: Notice. Number 59008) effects of the proposed action consistent
SUMMARY: This is a notice of an Linda E. McMahon, with the National Environmental Policy
Administrative declaration of a disaster Administrator. Act of 1969 (83 Stat. 852; 42 U.S.C. 4321
for the State of Nebraska dated 07/03/ [FR Doc. 2017–14406 Filed 7–10–17; 8:45 am] et seq.), Section 7 of the Endangered
2017. BILLING CODE 8025–01–P
Species Act of 1973 (16 U.S.C. 1536),
Incident: Storms, Tornadoes and and other statutes relating to
Extremely High Winds. environmental concerns; having
Incident Period: 06/12/2017 through considered the proposed action
06/16/2017. DEPARTMENT OF STATE consistent with the National Historic
DATES: Effective 07/03/2017. [Public Notice: 10053] Preservation Act of 1966 (80 Stat. 917,
Physical Loan Application Deadline 16 U.S.C. 470f et seq.); and having
Date: 09/01/2017. Notice of Issuance of a Presidential requested and received the views of
Economic Injury (EIDL) Loan Permit to NuStar Logistics, L.P. members of the public, various federal
Application Deadline Date: 04/03/2018. and state agencies, and various Indian
AGENCY: Department of State tribes; I hereby grant permission, subject
ADDRESSES: Submit completed loan
ACTION: Notice to the conditions herein set forth, to
applications to: U.S. Small Business
Administration, Processing and NuStar Logistics, L.P., formerly known
SUMMARY: The Acting Assistant as Valero Logistics Operations, L.P.
Disbursement Center, 14925 Kingsport Secretary of State for Oceans and
Road, Fort Worth, TX 76155. (hereinafter referred to as the
International Environmental and ‘‘permittee’’), a limited partnership
FOR FURTHER INFORMATION CONTACT: A. Scientific Affairs issued a Presidential formed under the laws of the state of
Escobar, Office of Disaster Assistance, permit to NuStar Logistics, L.P. Delaware, with its principal place of
U.S. Small Business Administration, (‘‘NuStar’’) on June 28, 2017, business in San Antonio, Texas, to
409 3rd Street SW., Suite 6050, authorizing NuStar to operate and operate and maintain existing pipeline
Washington, DC 20416, (202) 205–6734. maintain existing pipeline facilities facilities at the border of the United
SUPPLEMENTARY INFORMATION: Notice is (‘‘Dos Laredos pipeline facilities’’) at the States and Mexico for the transport of
hereby given that as a result of the U.S.-Mexico border near Laredo, Texas refined petroleum products, to include
Administrator’s disaster declaration, for the transport of refined petroleum liquefied petroleum gas, regular and
applications for disaster loans may be products, to include liquefied petroleum premium gasoline, kerosene, and diesel
filed at the address listed above or other gas, regular and premium gasoline, between the United States and Mexico.
mstockstill on DSK30JT082PROD with NOTICES
locally announced locations. The kerosene, and diesel. In accordance with The term ‘‘facilities’’ as used in this
following areas have been determined to Executive Order 13337 (April 30, 2004), permit means the relevant portion of the
be adversely affected by the disaster: the Acting Assistant Secretary pipeline and any land, structures,
Primary Counties: Cass determined that issuance of this permit installations or equipment appurtenant
Contiguous Counties: would serve the national interest. thereto.
Nebraska: Lancaster, Otoe, Sarpy, FOR FURTHER INFORMATION CONTACT: The term ‘‘United States facilities’’ as
Saunders Matthew T. McManus, Deputy Director, used in this permit means those parts of
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![Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Notices 32041
Article 11. The permittee shall documents related to the Department of States located approximately 1.6 miles
provide information upon request to the State’s review of the application for a from the Rio Grande. The United States
Department of State with regard to the Presidential permit can be found at facilities also include certain
United States facilities. Such requests https://www.state.gov/e/enr/applicant/ appurtenant facilities.
could include, for example, information applicants/c66757.htm. Following is the This permit is subject to the following
concerning current conditions or text of the permit, as issued: conditions:
anticipated changes in ownership or Article 1. (1) The United States
Presidential Permit facilities herein described, and all
control, construction, connection,
operation, or maintenance of the United Authorizing NUSTAR Logistics, L.P. To aspects of their operation, shall be
States facilities. Construct, Connect, Operate, and subject to all the conditions, provisions,
In witness whereof, I, Acting Assistant Maintain Pipeline Facilities at the and requirements of this permit and any
Secretary of State for Oceans and International Boundary Between the amendment thereof. This permit may be
International Environmental and United States and Mexico terminated or amended at any time at
Scientific Affairs, have hereunto set my the discretion of the Secretary of State
By virtue of the authority vested in or the Secretary’s delegate or upon
hand this 28th day of June 2017 in the me as Acting Assistant Secretary of
City of Washington, District of proper application therefor. The
State for Oceans and International permittee shall make no substantial
Columbia. Environmental and Scientific Affairs,
Judith G. Garber change in the United States facilities,
including those authorities under the location of the United States
Acting Assistant Secretary of State for Executive Order 13337, 69 FR 25299
Oceans and International Environmental facilities, or in the operation authorized
(2004), Department of State Delegation by this permit until such changes have
and Scientific Affairs of Authority 118–2 of January 26, 2006,
End of permit text. been approved by the Secretary of State
and Department of State Delegation of or the Secretary’s delegate.
Matthew T. McManus, Authority 415 of January 18, 2017; (2) The construction, operation, and
Deputy Director, Office of Policy Analysis and having considered the environmental maintenance of the United States
Public Diplomacy, Energy Resources Bureau, effects of the proposed action consistent facilities shall be in all material respects
Department of State. with the National Environmental Policy as described in the permittee’s
[FR Doc. 2017–14439 Filed 7–10–17; 8:45 am] Act of 1969 (83 Stat. 852; 42 U.S.C. 4321 application for a Presidential permit
BILLING CODE 4710–AE–P et seq.), Section 7 of the Endangered under Executive Order 13337, filed on
Species Act of 1973 (16 U.S.C. 1536), December 18, 2014, and consistent with
and other statutes relating to the resource protection measures
DEPARTMENT OF STATE environmental concerns; having identified in the Final Environmental
[Public Notice: 10054] considered the proposed action Assessment (EA) dated June 10, 2016.
consistent with the National Historic Article 2. The standards for, and the
Notice of Issuance of a Presidential Preservation Act of 1966 (80 Stat. 917, manner of, the construction, connection,
Permit to NuStar Logistics, L.P. 16 U.S.C. 470f et seq.); and having operation, and maintenance of the
requested and received the views of United States facilities shall be subject
AGENCY: Department of State. members of the public, various federal to inspection and approval by the
ACTION: Notice. and state agencies, and various Indian representatives of appropriate federal,
SUMMARY: The Acting Assistant tribes; I hereby grant permission, subject state and local agencies. The permittee
Secretary of State for Oceans and to the conditions herein set forth, to shall allow duly authorized officers and
International Environmental and NuStar Logistics, L.P., (hereinafter employees of such agencies free and
Scientific Affairs issued a Presidential referred to as the ‘‘permittee’’), a limited unrestricted access to said facilities in
permit to NuStar Logistics, L.P. partnership formed under the laws of the performance of their official duties.
the state of Delaware, with its principal Article 3. The permittee shall comply
(‘‘NuStar’’) on June 28, 2017,
place of business in San Antonio, Texas, with all applicable federal, state, local,
authorizing NuStar to construct,
to construct, connect, operate, and and tribal laws and regulations
connect, operate, and maintain pipeline
maintain pipeline facilities at the border regarding the construction, connection,
facilities (‘‘New Burgos pipeline
of the United States and Mexico for the operation, and maintenance of the
facilities’’) at the U.S.-Mexico border
import or export of refined petroleum United States facilities and with all
near Peñitas, Texas for the import or
products, to include naphtha, liquefied applicable industrial codes. The
export of refined petroleum products, to
petroleum gas, natural gas liquids, jet permittee shall obtain requisite permits
include naphtha, liquefied petroleum
fuel, gasoline, and diesel between the from relevant state and local
gas, natural gas liquids, jet fuel,
United States and Mexico. governmental entities, and relevant
gasoline, and diesel. In accordance with
The term ‘‘facilities’’ as used in this federal agencies.
Executive Order 13337 (April 30, 2004), Article 4. All construction,
permit means the relevant portion of the
the Acting Assistant Secretary connection, operation, and maintenance
pipeline and any land, structures,
determined that issuance of this permit of the United States facilities under this
installations or equipment appurtenant
would serve the national interest. permit shall be subject to the
thereto.
FOR FURTHER INFORMATION CONTACT: The term ‘‘United States facilities’’ as limitations, terms, and conditions
Matthew T. McManus, Deputy Director, used in this permit means those parts of issued by any competent agency of the
Office of Policy Analysis and Public the facilities located in the United U.S. government. The permittee shall
mstockstill on DSK30JT082PROD with NOTICES
Diplomacy, Energy Resources Bureau, States. The United States facilities continue the operations hereby
U.S. Department of State, 2201 C St. consist of a 10-inch diameter pipeline authorized and conduct maintenance in
NW., Suite 4422, Washington, DC extending from the international border accordance with such limitations, terms,
20520. between the United States and Mexico and conditions. Such limitations, terms,
SUPPLEMENTARY INFORMATION: underneath the Rio Grande at a point and conditions could address, for
Additional information concerning the southeast of Peñitas, Texas to the first example, environmental protection and
New Burgos pipeline facilities and mainline shutoff valve in the United mitigation measures, safety
VerDate Sep<11>2014 18:01 Jul 10, 2017 Jkt 241001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\11JYN1.SGM 11JYN1](https://thefederalregister.org/doc/82_FR_32170/page/3.svg)
Document Created: 2018-11-14 10:21:29
Document Modified: 2018-11-14 10:21:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice | |
| 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. | |
| FR Citation | 82 FR 32039 |
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