[Federal Register Volume 78, Number 147 (Wednesday, July 31, 2013)]
[Notices]
[Pages 46402-46404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18321]
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DEPARTMENT OF STATE
[Public Notice: 8398]
Issuance of a Presidential Permit
July 18, 2013.
AGENCY: Department of State.
ACTION: Notice of Issuance of a Presidential Permit for Vantage
Pipeline US LP.
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SUMMARY: The Department of State issued a Presidential Permit to
Vantage Pipeline US LP (``Vantage'') on July 16, 2013, authorizing
Vantage to construct, connect, operate, and maintain pipeline
facilities at the border of the United States and Canada in Divide
County, North Dakota, for the export of liquefied ethane from the
United States to Canada. The Department of State determined that
issuance of this permit would serve the national interest. In making
this determination and issuing the permit, the Department of State
complied with the procedures required
[[Page 46403]]
under Executive Order 13337, and provided public notice and opportunity
for comment.
FOR FURTHER INFORMATION CONTACT: Office of Europe, Western Hemisphere
and Africa, Bureau of Energy Resources, U.S. Department of State (ENR/
EDP/EWA) 2201 C St. NW., Ste 4843, Washington, DC 20520 Attn: Michael
Brennan Tel: 202-647-7553.
SUPPLEMENTARY INFORMATION: Additional information concerning the
Vantage pipeline and documents related to the Department of State's
review of the application for a Presidential Permit can be found at
www.vantagepipeline.state.gov. Following is the text of the issued
permit:
PRESIDENTIAL PERMIT
AUTHORIZING VANTAGE PIPELINE US LP TO CONSTRUCT, CONNECT, OPERATE, AND
MAINTAIN PIPELINE FACILITIES AT THE INTERNATIONAL BOUNDARY BETWEEN THE
UNITED STATES AND CANADA
By virtue of the authority vested in me as Under Secretary of State for
Economic Growth, Energy, and the Environment, including those
authorities under Executive Order 13337, 69 Fed. Reg. 25299 (2004), and
Department of State Delegation of Authority 118-2 of January 26, 2006;
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. Sec. 4321 et seq.) and other statutes relating to
environmental concerns; having considered the proposed action
consistent with the National Historic Preservation Act (80 Stat. 917,
16 U.S.C. Sec. 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 Vantage Pipeline US LP (hereinafter
referred to as the ``permittee'' or ``Vantage''), a limited partnership
duly organized under the laws of the State of Delaware, to construct,
connect, operate, and maintain pipeline facilities at the border of the
United States and Canada in Divide County, North Dakota, for the export
of liquid ethane from the United States to 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 will consist of a single 10-inch diameter pipeline
extending from the United States-Canada border near 151st Ave NW.,
Divide County, North Dakota, up to and including the first mainline
shut-off valve in the United States.
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, connection, operation and maintenance of the
United States facilities shall be in all material respects as described
in the permittee's November 15, 2010 application for a Presidential
Permit (the ``Application''), as amended, the final Environmental
Assessment dated May 10, 2013, the Department of State's Finding of No
Significant Impact dated May 13, 2013, and any construction,
mitigation, and reclamation measures included in the Environmental
Protection Plan (EPP) 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, construction, connection, 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 construction,
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, and local 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
all requisite permits from state and local government entities and
relevant federal agencies.
Article 4. Construction, connection, operation, and maintenance of the
United States facilities hereunder shall be subject to the limitations,
terms, and conditions issued by any competent agency of the United
States 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 regulations, measurement capabilities and
procedures, requirements pertaining to the pipeline's capacity, and
other pipeline regulations.
Article 5. The permittee shall notify the Commissioner of Customs and
Border Protection immediately if it plans to inject foreign merchandise
into the United States facilities, or it if plans to seek an amendment
to this permit authorizing use of the United States facilities for any
imports of petroleum or petroleum products into the United States.
Article 6. 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 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 7. 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;
[[Page 46404]]
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 8. Any transfer of ownership or control of the United States
facilities or any part thereof shall be immediately notified in writing
to the United States 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 9. (1) The permittee is responsible for acquiring such right-
of-way grants or easements, permits, and other authorizations as may
become necessary and appropriate.
(2) The permittee shall save harmless and indemnify the United
States from any claimed or adjudged liability arising out of the
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 10. The permittee shall take all necessary measures to prevent
or mitigate adverse environmental impacts or disruption of
archeological resources in connection with the construction, operation,
and maintenance of the United States facilities. Such measures will
include any construction, mitigation, and reclamation measures included
in the Environmental Protection Plan (EPP), 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,
and any other measures deemed prudent by the permittee.
Article 11. The permittee shall file with the appropriate agencies of
the United States 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 United States Government
or its agencies. The permittee shall file electronic Export Information
where required.
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, Robert D. Hormats, Under Secretary of State for
Economic Growth, Energy, and the Environment, have hereunto set my hand
this 16th day of July 2013, in the City of Washington, District of
Columbia.
Robert D. Hormats,
Under Secretary of State for Economic Growth, Energy, and the
Environment
End of permit text.
Dated: July 18, 2013.
Michael Brennan,
Office of Europe, Western Hemisphere and Africa, Bureau of Energy
Resources, U.S. Department of State.
[FR Doc. 2013-18321 Filed 7-30-13; 8:45 am]
BILLING CODE 4710-09-P