[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Pages 42410-42411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18952]
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DEPARTMENT OF STATE
[Public Notice: 10111]
Procedures With Respect to Presidential Permits Where There Has
Been a Transfer of Ownership or Control of a Cross-Border Facility,
Bridge, or Border Crossing for Land Transportation, as Well as for Name
Change of a Permit Holder
AGENCY: Department of State.
ACTION: Notice.
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SUMMARY: The President of the United States has authority to require
permits for transboundary infrastructure projects based on his
Constitutional powers over foreign affairs and national security. The
Department is issuing this notice to describe the procedures it intends
to follow with respect to transfers of ownership or control over cross-
border facilities subject to Executive Order 11423, as amended, and
Executive Order 13337, as well as changes of name of an entity holding
a Presidential permit. This notice supersedes a previous notice, Public
Notice 5092 (Procedures for Issuance of a Presidential Permit Where
There Has Been a Transfer of the Underlying Facility, Bridge or Border
Crossing for Land Transportation, 70 FR 30990, May 31, 2005), in its
entirety.
FOR FURTHER INFORMATION CONTACT: Marcus Lee, Bureau of Energy
Resources, U.S. Department of State, 2201 C St. NW Suite 4422,
Washington, DC 20520, (202) 485-1522 for issues related to Executive
Order 13337; Litah Miller, Bureau of Western Hemisphere Affairs, U.S.
Department of State, 2201 C St. NW Suite 6262, Washington, DC 20520
(202) 647-9894 for issues related to Executive Order 11423.
SUPPLEMENTARY INFORMATION: On January 24, 2017, the President issued
Executive Order 13766 on Expediting Environmental Reviews and Approvals
for High Priority Infrastructure Projects in which he set forth the
general policy of the Executive Branch ``to streamline and expedite, in
a manner consistent with law, . . . approvals for all infrastructure
projects, especially projects that are a high priority for the
Nation,'' and cited pipelines, bridges,
[[Page 42411]]
and highways as examples of such high priority projects. The Secretary
shares the President's priorities regarding the expeditious review of
infrastructure projects, including pipelines, bridges, and highways. In
order to carry out this policy, the Department of State (Department) is
undertaking a comprehensive assessment of its Presidential permit
application review processes and is issuing this public notice as part
of this effort.
The President of the United States requires permits for
transboundary infrastructure projects based upon his inherent foreign
affairs and national security authority vested in Article II of the
Constitution. In Executive Orders 11423 and 13337, acting pursuant to
the Constitution and laws of the United States, including Section 301
of Title 3 of the United States Code, the President delegated to the
Secretary of State the authority to receive applications and make
determinations regarding approval or denial of Presidential permits for
certain types of border facilities upon a national interest
determination. The functions assigned to the Secretary have been
further delegated within the Department. Because the determination is
Presidential action, made through the exercise of Presidentially
delegated authorities, the requirements of the National Environmental
Policy Act of 1969 (NEPA), the National Historic Preservation Act of
1966, the Endangered Species Act of 1973, the Administrative Procedure
Act, and other similar laws and regulations that do not apply to
Presidential actions are inapplicable. However, as a matter of policy,
the Department conducts its review of Presidential permit applications
in a manner consistent with NEPA.
The Department provides support to the relevant Department decision
maker in exercising this delegated Presidential authority with respect
to particular applications for new Presidential permits or to the
modification, amendment, suspension, revocation, or transfer of
existing Presidential permits. For applications made under Executive
Order 13337, the Department's Bureau of Energy Resources (ENR) provides
such support. For applications made under Executive Order 11423, the
Department's Bureau of Western Hemisphere Affairs (WHA) provides such
support.
In 2005, the Department issued Public Notice 5092 (Procedures for
Issuance of a Presidential Permit Where There Has Been a Transfer of
the Underlying Facility, Bridge or Border Crossing for Land
Transportation, 70 FR 30990, May 31, 2005) to provide guidance
regarding the procedures the Department intended to follow where there
had been a transfer of an underlying facility, bridge, or border
crossing for land transportation for which a Presidential permit had
already been issued.
In order to expedite the processing of transfers of infrastructure
projects authorized under existing Presidential permits, including
those that are a high priority for the Nation, as well as to provide
Presidential permit holders and potential transferees with increased
transparency regarding the procedures that the Department intends to
follow with respect to such requests, the Department is issuing this
public notice, which supersedes Public Notice 5092 in its entirety.
This notice also clarifies that a request by an existing permit holder
limited to changing the name of the entity holding the permit can be
processed by the Department in a more expedited manner. The Department
reserves the right to deviate from these procedures in particular
cases.
Procedures for Transfers of Ownership or Control of Cross-Border
Facilities
1. If the notification to the Department is limited to a change or
proposed change in ownership or control of cross-border facilities
subject to Executive Order 11423, as amended, and Executive Order
13337, and does not include any other change involving the permitted
facilities, an entity seeking to transfer such control or ownership
shall provide in writing:
(a) A commitment to the Department that it will abide by the
relevant terms and conditions of the previously-issued permit;
(b) Information identifying the entities and/or persons who will
own and/or control the facilities (including details regarding place of
incorporation or organization; ultimate ownership; ownership or control
by any non-U.S. person; any special arrangements regarding control; and
other relevant information);
(c) Information concerning its acquisition or proposed acquisition
of the relevant facility, bridge, or border crossing from the prior
permit holder (including transfer instruments, as relevant); and
(d) Any other relevant information concerning its operation of the
facility, bridge, or border crossing.
2. The Department will evaluate what further steps it may take,
consistent with NEPA, with respect to environmental review of the
notified permit transfer in light of the available information.
Provided that no information is brought to the Department's attention
that the transfer potentially would have a significant impact on the
quality of the human environment; the transferee commits to abide by
the relevant terms and conditions of the previously-issued permit; and
the transferee further indicates that the operations of the relevant
facility, bridge, or border crossing will remain essentially unchanged
from that previously authorized, the Department will notify the
transferee that it will not conduct an environmental review.
3. The Department will seek the views of other Executive
departments and agencies, as appropriate, as to whether the transfer
should affect the prior determination by the President, the Secretary,
or the Secretary's delegate that resulted in the issuance of the
existing permit. If, however, either before or after such interagency
consultation the Secretary of State or his delegate determines that the
transfer requires a new national interest determination and issuance of
a new permit, the Department will process the application in accordance
with the procedures for issuance of a new permit set forth in Executive
Order 11423, as amended, or Executive Order 13337, as applicable.
Otherwise, the Department will issue a notice in the Federal Register
recording the change within 90 days of either the date on which the
Department notifies the transferee under paragraph two above or the
date on which the Department completes its environmental review.
Procedures for Name Changes of Permit Holder of Cross-Border Facilities
If the notification to the Department is limited to a change in the
entity's name and does not include any change in ownership or control
of the permitted facilities, or any other change involving the
facilities, the procedures listed above are inapplicable and the
Department will confirm its receipt of such notification and indicate
what information, if any, the Department requires to process the
notification as complete. The Department will issue a notice in the
Federal Register recording this change within 90 days of receiving a
completed notification.
Further information can be found at the https://www.state.gov/p/wha/rt/permit/index.htm.
Judith G. Garber,
Acting Assistant Secretary of State for Oceans and International
Environmental and Scientific Affairs.
[FR Doc. 2017-18952 Filed 9-6-17; 8:45 am]
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