82 FR 53553 - Notice of Issuance of a Presidential Permit to Enbridge Energy, Limited Partnership
DEPARTMENT OF STATE Federal Register Volume 82, Issue 220 (November 16, 2017)
Federal Register Volume 82, Issue 220 (November 16, 2017)
| Page Range | 53553-53554 | |
| FR Document | 2017-24886 |
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)] [Notices] [Pages 53553-53554] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24886] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE [Public Notice: 10192] Notice of Issuance of a Presidential Permit to Enbridge Energy, Limited Partnership AGENCY: Department of State. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Acting Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs, acting pursuant to delegated authorities, issued a Presidential permit to Enbridge Energy, Limited Partnership (``Enbridge'') on October 13, 2017, authorizing Enbridge to operate and maintain pipeline facilities at the U.S.-Canada border in Pembina County, North Dakota for the transportation of crude oil and other hydrocarbons. 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: Richard W. Westerdale II, Bureau of Energy Resources, U.S. Department of State, 2201 C St. NW., Suite 4422, Washington, DC 20520, (202) 647-7947. SUPPLEMENTARY INFORMATION: Additional information concerning the Enbridge 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/c55571.htm. Following is the text of the permit, as issued: PRESIDENTIAL PERMIT AUTHORIZING ENBRIDGE ENERGY, LIMITED PARTNERSHIP 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 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.), 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 Enbridge Energy, Limited Partnership (hereinafter referred to as the ``permittee''), a wholly owned subsidiary of Enbridge Energy Partners, L.P., a limited partnership organized under the laws of the state of Delaware, to operate and maintain pipeline facilities at the border of the United States and Canada at Neche, North Dakota, for the transport of crude oil and other hydrocarbons between the United States and Canada. 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 36-inch [[Page 53554]] diameter pipeline for the transport of up to 888,889 barrels per day of heavy crude oil and other hydrocarbons extending from the border between the United States and Canada at a point near Neche in Pembina County, North Dakota, up to and including the first mainline shut-off valve in the United States located approximately three miles from the international border. The United States facilities also include certain appurtenant facilities, including such metering facilities as are required by the Commissioner of U.S. Customs and Border Protection. 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 November 20, 2012, as amended on June 16, 2014, the Final Supplemental Environmental Impact Statement (SEIS) dated August 11, 2017, including all Appendices as supplemented, and any measures to mitigate adverse impacts included in the permittee's policies, plans, and procedures for pipeline maintenance and operation, such as the permittee's Integrated Contingency Plan, Environmental Mitigation Plan (Pipeline Maintenance Projects), Operations and Maintenance Manuals, Unanticipated Discovery Plans, 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. In the event of any discrepancy among these documents, operation and maintenance of the United States facilities shall be in all material respects as described in the most recent approved document unless otherwise determined by the Department of State. 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 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 the actions and obligations agreed to by permittee in its Operations and Maintenance Manuals, and other mitigation measures and control plans found in the SEIS, including all Appendices as supplemented, 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, and 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, 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 13th day of October 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. Richard W. Westerdale II, Senior Advisor, Energy Resources Bureau, Energy Governance and Access Department of State. [FR Doc. 2017-24886 Filed 11-15-17; 8:45 am] BILLING CODE 4710-AE-P
![Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices 53553
(Catalog of Federal Domestic Assistance Percent Pembina County, North Dakota for the
Number 59008) transportation of crude oil and other
James E. Rivera, For Economic Injury: hydrocarbons. In accordance with
Non-Profit Organizations with- Executive Order 13337 (April 30, 2004),
Associate Administrator for Disaster out Credit Available Else-
Assistance. the Acting Assistant Secretary
where ..................................... 2.500 determined that issuance of this permit
[FR Doc. 2017–24850 Filed 11–15–17; 8:45 am]
would serve the national interest.
BILLING CODE 8025–01–P The number assigned to this disaster
FOR FURTHER INFORMATION CONTACT:
for physical damage is 153766 and for
economic injury is 153770. Richard W. Westerdale II, Bureau of
SMALL BUSINESS ADMINISTRATION Energy Resources, U.S. Department of
(Catalog of Federal Domestic Assistance State, 2201 C St. NW., Suite 4422,
[Disaster Declaration #15376 and #15377; Number 59008) Washington, DC 20520, (202) 647–7947.
KANSAS Disaster Number KS–00104]
James E. Rivera, SUPPLEMENTARY INFORMATION:
Presidential Declaration of a Major Associate Administrator for Disaster Additional information concerning the
Disaster for Public Assistance Only for Assistance. Enbridge pipeline facilities and
the State of Kansas [FR Doc. 2017–24849 Filed 11–15–17; 8:45 am] documents related to the Department of
BILLING CODE 8025–01–P State’s review of the application for a
AGENCY: U.S. Small Business Presidential permit can be found at
Administration. https://www.state.gov/e/enr/applicant/
ACTION: Notice. SMALL BUSINESS ADMINISTRATION applicants/c55571.htm. Following is the
text of the permit, as issued:
SUMMARY: This is a Notice of the Surrender of License of Small
Presidential declaration of a major Business Investment Company PRESIDENTIAL PERMIT
disaster for Public Assistance Only for AUTHORIZING ENBRIDGE ENERGY,
the State of Kansas (FEMA–4347–DR), Pursuant to the authority granted to LIMITED PARTNERSHIP TO OPERATE
dated 11/07/2017. the United States Small Business AND MAINTAIN EXISTING PIPELINE
Incident: Severe Storms, Straight-line Administration under the Small FACILITIES AT THE
Winds, and Flooding. Business Investment Act of 1958, as INTERNATIONAL BOUNDARY
Incident Period: 07/22/2017 through amended, under Section 309 of the Act BETWEEN THE UNITED STATES AND
07/27/2017. and Section 107.1900 of the Small CANADA
DATES: Issued on 11/07/2017.
Business Administration Rules and
Regulations (13 CFR 107.1900) to By virtue of the authority vested in me as
Physical Loan Application Deadline Acting Assistant Secretary of State for Oceans
Date: 01/08/2018. function as a small business investment
and International Environmental and
Economic Injury (EIDL) Loan company under the Small Business
Scientific Affairs, including those authorities
Application Deadline Date: 08/07/2018. Investment Company License No. under Executive Order 13337, 69 FR 25299
09/79–0448 issued to Shepherd (2004), Department of State Delegation of
ADDRESSES: Submit completed loan
Ventures II, LP, said license is hereby Authority 118–2 of January 26, 2006, and
applications to: U.S. Small Business declared null and void. Department of State Delegation of Authority
Administration, Processing and 415 of January 18, 2017; having considered
Disbursement Center, 14925 Kingsport United States Small Business A
dministration. the environmental effects of the proposed
Road, Fort Worth, TX 76155. action consistent with the National
Dated: November 3, 2017. Environmental Policy Act of 1969 (83 Stat.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance, A. Joseph Shepard, 852; 42 U.S.C. 4321 et seq.), the Endangered
Associate Administrator for Investment and Species Act of 1973 (16 U.S.C. 1536), and
U.S. Small Business Administration,
Innovation. other statutes relating to environmental
409 3rd Street SW., Suite 6050, concerns; having considered the proposed
Washington, DC 20416, (202) 205–6734. [FR Doc. 2017–24756 Filed 11–15–17; 8:45 am]
action consistent with the National Historic
BILLING CODE 8025–01–P
SUPPLEMENTARY INFORMATION: Notice is Preservation Act of 1966 (80 Stat. 917, 16
hereby given that as a result of the U.S.C. 470f et seq.); and having requested
President’s major disaster declaration on and received the views of members of the
11/07/2017, Private Non-Profit DEPARTMENT OF STATE public, various federal and state agencies,
and various Indian tribes; I hereby grant
organizations that provide essential [Public Notice: 10192] permission, subject to the conditions herein
services of a governmental nature may set forth, to Enbridge Energy, Limited
file disaster loan applications at the Notice of Issuance of a Presidential Partnership (hereinafter referred to as the
address listed above or other locally Permit to Enbridge Energy, Limited ‘‘permittee’’), a wholly owned subsidiary of
announced locations. Partnership Enbridge Energy Partners, L.P., a limited
The following areas have been partnership organized under the laws of the
determined to be adversely affected by AGENCY: Department of State. state of Delaware, to operate and maintain
the disaster: ACTION: Notice. pipeline facilities at the border of the United
States and Canada at Neche, North Dakota,
Primary Counties: Johnson, Wyandotte SUMMARY:The Acting Assistant for the transport of crude oil and other
The Interest Rates are: Secretary of State for Oceans and hydrocarbons between the United States and
asabaliauskas on DSKBBXCHB2PROD with NOTICES
International Environmental and Canada.
Percent Scientific Affairs, acting pursuant to The term ‘‘facilities’’ as used in this permit
delegated authorities, issued a means the relevant portion of the pipeline
For Physical Damage: and any land, structures, installations or
Non-Profit Organizations with
Presidential permit to Enbridge Energy, equipment appurtenant thereto.
Credit Available Elsewhere ... 2.500 Limited Partnership (‘‘Enbridge’’) on The term ‘‘United States facilities’’ as used
Non-Profit Organizations with- October 13, 2017, authorizing Enbridge in this permit means those parts of the
out Credit Available Else- to operate and maintain pipeline facilities located in the United States. The
where ..................................... 2.500 facilities at the U.S.–Canada border in United States facilities consist of a 36-inch
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![53554 Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices
diameter pipeline for the transport of up to governmental entities, and relevant federal easements, permits, and other authorizations
888,889 barrels per day of heavy crude oil agencies. as may become necessary and appropriate.
and other hydrocarbons extending from the Article 4. All operation and maintenance of (2) The permittee shall hold harmless and
border between the United States and Canada the United States facilities under this permit indemnify the United States from any
at a point near Neche in Pembina County, shall be subject to the limitations, terms, and claimed or adjudged liability arising out of
North Dakota, up to and including the first conditions issued by any competent agency
of the U.S. government. The permittee shall construction, connection, operation, or
mainline shut-off valve in the United States
located approximately three miles from the continue the operations hereby authorized maintenance of the facilities, including but
international border. and conduct maintenance in accordance with not limited to environmental contamination
The United States facilities also include such limitations, terms, and conditions. Such from the release or threatened release or
certain appurtenant facilities, including such limitations, terms, and conditions could discharge of hazardous substances and
metering facilities as are required by the address, for example, environmental hazardous waste.
Commissioner of U.S. Customs and Border protection and mitigation measures, safety (3) The permittee shall maintain the United
Protection. requirements, export or import and customs States facilities and every part thereof in a
This permit is subject to the following regulations, measurement capabilities and
condition of good repair for their safe
conditions: procedures, requirements pertaining to the
pipeline’s capacity, and other pipeline operation, and in compliance with prevailing
Article 1. (1) The United States facilities
regulations. This permit shall continue in environmental standards and regulations.
herein described, and all aspects of their
operation, shall be subject to all the force and effect only so long as the permittee Article 9. The permittee shall take all
conditions, provisions, and requirements of shall continue the operations hereby necessary measures to prevent or mitigate
this permit and any amendment thereof. This authorized in accordance with such adverse impacts on or disruption of the
permit may be terminated or amended at any limitations, terms, and conditions. human environment in connection with the
time at the discretion of the Secretary of State Article 5. Upon the termination, operation and maintenance of the United
or the Secretary’s delegate or upon proper revocation, or surrender of this permit, and States facilities. Such measures will include
application therefor. The permittee shall unless otherwise agreed by the Secretary of
the actions and obligations agreed to by
make no substantial change in the United State or the Secretary’s delegate, the United
States facilities in the immediate vicinity of permittee in its Operations and Maintenance
States facilities, the location of the United Manuals, and other mitigation measures and
States facilities, or in the operation the international boundary shall be removed
by and at the expense of the permittee within control plans found in the SEIS, including all
authorized by this permit until such changes
such time as the Secretary of State or the Appendices as supplemented, all of which
have been approved by the Secretary of State
or the Secretary’s delegate. Secretary’s delegate may specify, and upon are appended to and made part of this
failure of the permittee to remove, or to take permit, or that are approved in the future by
(2) The operation and maintenance of the
such other appropriate action with respect to, the Department of State or other relevant
United States facilities shall be in all material
this portion of the United States facilities as federal or state agencies, and any other
respects as described in the permittee’s
ordered, the Secretary of State or the
application for a Presidential permit under measures deemed prudent by the permittee.
Secretary’s delegate may direct that
Executive Order 13337, filed on November possession of such facilities be taken and that Article 10. The permittee shall file with the
20, 2012, as amended on June 16, 2014, the they be removed or other action taken, at the appropriate agencies of the U.S. government
Final Supplemental Environmental Impact expense of the permittee; and the permittee such statements or reports under oath with
Statement (SEIS) dated August 11, 2017, shall have no claim for damages by reason of respect to the United States facilities, and/or
including all Appendices as supplemented, such possession, removal, or other action. permittee’s activities and operations in
and any measures to mitigate adverse Article 6. When, in the opinion of the connection therewith, as are now, or may
impacts included in the permittee’s policies, President of the United States, the national
plans, and procedures for pipeline hereafter, be required under any laws or
security of the United States demands it, due regulations of the U.S. government or its
maintenance and operation, such as the notice being given by the Secretary of State
permittee’s Integrated Contingency Plan, agencies. The permittee shall file electronic
or the Secretary’s delegate, the United States
Environmental Mitigation Plan (Pipeline Export Information where required.
shall have the right to enter upon and take
Maintenance Projects), Operations and possession of any of the United States Article 11. The permittee shall provide
Maintenance Manuals, Unanticipated facilities or parts thereof; to retain information upon request to the Department
Discovery Plans, and other mitigation and possession, management, or control thereof of State with regard to the United States
control plans that are already approved or for such length of time as may appear to the facilities. Such requests could include, for
that are approved in the future by the President to be necessary; and thereafter to example, information concerning current
Department of State or other relevant federal restore possession and control to the conditions or anticipated changes in
agencies. In the event of any discrepancy permittee. In the event that the United States ownership or control, operation, or
among these documents, operation and shall exercise such right, it shall pay to the
maintenance of the United States facilities maintenance of the United States facilities.
permittee just and fair compensation for the In witness whereof, I, Acting Assistant
shall be in all material respects as described use of such United States facilities upon the
in the most recent approved document unless Secretary of State for Oceans and
basis of a reasonable profit in normal
otherwise determined by the Department of conditions, and the cost of restoring said International Environmental and Scientific
State. facilities to as good condition as existed at Affairs, have hereunto set my hand this 13th
Article 2. The standards for, and the the time of entering and taking over the same, day of October 2017 in the City of
manner of, the operation and maintenance of less the reasonable value of any Washington, District of Columbia.
the United States facilities shall be subject to improvements that may have been made by Judith G. Garber,
inspection and approval by the the United States. Acting Assistant Secretary of State for Oceans
representatives of appropriate federal, state Article 7. Any transfer of ownership or and International Environmental and
and local agencies. The permittee shall allow control of the United States facilities or any Scientific Affairs
duly authorized officers and employees of part thereof shall be immediately notified in
such agencies free and unrestricted access to
asabaliauskas on DSKBBXCHB2PROD with NOTICES
writing to the Department of State, including End of permit text.
said facilities in the performance of their the submission of information identifying the
official duties. transferee. This permit shall remain in force Richard W. Westerdale II,
Article 3. The permittee shall comply with subject to all the conditions, permissions and Senior Advisor, Energy Resources Bureau,
all applicable federal, state, local, and tribal requirements of this permit and any
Energy Governance and Access Department
laws and regulations regarding the operation amendments thereto unless subsequently
of State.
and maintenance of the United States terminated or amended by the Secretary of
facilities and with all applicable industrial State or the Secretary’s delegate. [FR Doc. 2017–24886 Filed 11–15–17; 8:45 am]
codes. The permittee shall obtain requisite Article 8. (1) The permittee is responsible BILLING CODE 4710–AE–P
permits from relevant state and local for acquiring any right-of-way grants or
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Document Created: 2017-11-16 03:52:56
Document Modified: 2017-11-16 03:52:56
| 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 | Richard W. Westerdale II, Bureau of Energy Resources, U.S. Department of State, 2201 C St. NW., Suite 4422, Washington, DC 20520, (202) 647-7947. | |
| FR Citation | 82 FR 53553 |
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