[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)]
[Notices]
[Pages 45697-45699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18490]
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DEPARTMENT OF STATE
[Public Notice: 9205]
Presidential Permits: Magellan Pipeline Company, LP
AGENCY: Department of State.
[[Page 45698]]
ACTION: Notice of issuance of a Presidential Permit.
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SUMMARY: The Department of State issued a Presidential Permit to
Magellan Pipeline Company, LP on July 15, 2015, to connect, operate,
and maintain existing pipeline facilities acquired by that company at
the border of the United States and Mexico that transport liquid
petroleum products between the United States and Mexico. 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 followed the procedures established 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: R.
Chris Davy, Acting Director. Tel: 202-647-2041.
SUPPLEMENTARY INFORMATION: Additional information concerning the
Express Pipeline, LLC pipeline facilities and documents related to the
Department of State's review of the application for a Presidential
Permit can be found at http://www.state.gov/e/enr/applicant. The
appendix to this notice contains the text of the issued permit.
Dated: July 21, 2015.
Chris Davy,
Acting Director, Energy Resources Bureau, Energy Diplomacy, Bureau of
Energy Resources, U.S. Department of State.
Appendix
PRESIDENTIAL PERMIT
AUTHORIZING MAGELLAN PIPELINE COMPANY, 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 Under Secretary of
State for Economic Growth, Energy, and the Environment, including
those authorities under Executive Order 13337, 69 FR 25299 (2004),
and Department of State Delegation of Authority 118-2 of January 26,
2006; having requested and received the views of members of the
public and various federal agencies; I hereby grant permission,
subject to the conditions herein set forth, to Magellan Pipeline
Company, L.P. (hereinafter referred to as the ``permittee''),
organized under the laws of the State of Delaware, to connect,
operate, and maintain existing pipeline facilities at the border of
the United States and Mexico near El Paso, Texas, for the transport
of liquid petroleum products 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 an existing carbon steel
pipeline, 8.625 inches in diameter that extends approximately 600
feet from the United States boundary with Mexico to the first shut-
off valve in existence at the time of this permit's issuance located
just north of the Cesar E. Chavez Border Highway in the vicinity of
El Paso, Texas.
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 connection, operation and maintenance of the United
States facilities shall be in all material respects as described in
the permittee's September 13, 2013 application for a Presidential
Permit (the ``Application'').
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 United States 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
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. 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 or import and
customs regulations, measurement capabilities and procedures,
requirements pertaining to the pipeline's capacity, and other
pipeline regulations.
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 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 United States 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 United States
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 change 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 new owner or controlling
entity. 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 save harmless and indemnify the United
States from any claimed or adjudged liability arising out of
construction, connection, operation, or maintenance of the United
States 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 connection, operation and maintenance
of the United States facilities. Such measures
[[Page 45699]]
will include any mitigation and control plans that are already
approved 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 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 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, the Under Secretary of State for Economic
Growth, Energy, and the Environment, have hereunto set my hand this
14th day of July 2015 in the City of Washington, District of
Columbia.
Catherine A. Novelli
Under Secretary of State for Economic Growth, Energy, and the
Environment
[FR Doc. 2015-18490 Filed 7-30-15; 8:45 am]
BILLING CODE 4710-AE-P