82 FR 32041 - Notice of Issuance of a Presidential Permit to NuStar Logistics, L.P.

DEPARTMENT OF STATE

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

Page Range		32041-32042
FR Document		2017-14440

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 construct, connect, operate, and maintain pipeline facilities (``New Burgos pipeline facilities'') at the U.S.- Mexico border near Pe[ntilde]itas, Texas for the import or export of refined petroleum products, to include naphtha, liquefied petroleum gas, natural gas liquids, jet fuel, gasoline, 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 Issue 131 (Tuesday, July 11, 2017)

[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Notices]
[Pages 32041-32042]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14440]


-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice: 10054]


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 construct, connect, operate, and maintain 
pipeline facilities (``New Burgos pipeline facilities'') at the U.S.-
Mexico border near Pe[ntilde]itas, Texas for the import or export of 
refined petroleum products, to include naphtha, liquefied petroleum 
gas, natural gas liquids, jet fuel, gasoline, 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 New 
Burgos 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/c66757.htm. 
Following is the text of the permit, as issued:

Presidential Permit

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 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., (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 
construct, connect, operate, and maintain pipeline facilities at the 
border of the United States and Mexico for the import or export of 
refined petroleum products, to include naphtha, liquefied petroleum 
gas, natural gas liquids, jet fuel, gasoline, 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 the facilities located in the United States. The United 
States facilities consist of a 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 the first mainline shutoff valve in the United States located 
approximately 1.6 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 construction, 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 18, 2014, and consistent with the resource 
protection measures identified in the Final Environmental Assessment 
(EA) dated June 10, 2016.
    Article 2. The standards for, and the manner of, the construction, 
connection, 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 
construction, connection, 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 construction, connection, 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

[[Page 32042]]

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 construction, connection, operation, 
and maintenance of the United States facilities. Such measures will 
include the resource protection measures identified in the Final EA and 
any 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.
    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.
    Article 12. The permittee shall provide written notice to the 
Department of State at such time as the construction authorized by this 
permit is begun, at such time as construction is completed, 
interrupted, or discontinued, and at other times as may be designated 
by the Department of State.
    Article 13. This permit shall expire five years from the date of 
issuance in the event that the permittee has not commenced construction 
of the United States facilities by that deadline.
    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. 2017-14440 Filed 7-10-17; 8:45 am]
BILLING CODE 4710-AE-P

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

Document Created: 2018-11-14 10:21:16
Document Modified: 2018-11-14 10:21:16

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 32041