Authorizing NuStar Logistics, L.P., To Construct, Connect, Operate, and Maintain Pipeline Facilities at the International Boundary Between the United States and Mexico
| Citation | 85 FR 46997 |
| Record Number | 2020-17016 |
| Published date | 03 August 2020 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Federal Register, Volume 85 Issue 149 (Monday, August 3, 2020)
[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Presidential Documents]
[Pages 46997-46999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17016]
[[Page 46995]]
Vol. 85
Monday,
No. 149
August 3, 2020
Part IVThe President-----------------------------------------------------------------------
Presidential Permit of July 29, 2020--Authorizing NuStar Logistics,
L.P., To Construct, Connect, Operate, and Maintain Pipeline Facilities
at the International Boundary Between the United States and Mexico
Presidential Permit of July 29, 2020--Authorizing NuStar Logistics,
L.P., To Operate and Maintain Existing Pipeline Facilities at the
International Boundary Between the United States and Mexico
Presidential Permit of July 29, 2020--Authorizing the Kansas City
Southern Railway Company To Construct, Connect, Operate, and Maintain
Railway Bridge Facilities at the International Boundary Between the
United States and Mexico
Presidential Permit of July 29, 2020--Authorizing TransCanada Keystone
Pipeline, L.P., To Operate and Maintain Existing Pipeline Facilities at
the International Boundary Between the United States and Canada
Presidential Documents
Federal Register / Vol. 85, No. 149 / Monday, August 3, 2020 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 46997]]
Presidential Permit of July 29, 2020
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 President of
the United States of America (the ``President''), I
hereby grant this Presidential permit, subject to the
conditions herein set forth, to NuStar Logistics, L.P.
(the ``permittee''). The permittee is a limited
partnership formed under the laws of the State of
Delaware and is a subsidiary of NuStar Energy L.P., a
publicly traded master limited partnership based in San
Antonio, Texas. Permission is hereby granted to the
permittee to construct, connect, operate, and maintain
pipeline Border facilities, as described herein, at the
international border of the United States and Mexico at
Hidalgo County, Texas, for the transport between the
United States and Mexico of all hydrocarbons and
petroleum products of every description, refined or
unrefined (inclusive of, but not limited to, crude oil,
naphtha, liquefied petroleum gas, natural gas liquids,
jet fuel, gasoline, kerosene, and diesel), but not
including natural gas subject to section 3 of the
Natural Gas Act, as amended (15 U.S.C. 717b).
This permit supersedes and revokes the Presidential
permit issued previously to the permittee, dated June
28, 2017. See 82 Fed. Reg. 32041 (July 11, 2017).
This permit does not affect the applicability of any
otherwise-relevant laws and regulations. As confirmed
in Article 2 of this permit, the Border facilities
shall remain subject to all such laws and regulations.
The term ``Facilities,'' as used in this permit, means
the portion in the United States of the ``New Burgos''
pipeline project associated with the permittee's May
28, 2019, application for an amendment to its existing
permit, and any land, structures, installations, or
equipment appurtenant thereto. The ``New Burgos''
pipeline project will be approximately 46.5 miles of
pipeline connecting a terminal approximately 6 miles
north of downtown Edinburg, Texas, with the
Petr[oacute]leos Mexicanos (PEMEX) Burgos Gas Plant
near Reynosa, Tamaulipas, Mexico.
The term ``Border facilities,'' as used in this permit,
means those parts of the Facilities consisting of a new
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 and including the first
mainline shut-off valve in the United States, located
in Hidalgo County, Texas, approximately 1.6 miles from
the international border, and any land, structures,
installations, or equipment appurtenant thereto.
This permit is subject to the following conditions:
Article 1. The Border facilities herein described,
and all aspects of their operation, shall be subject to
all the conditions, provisions, and requirements of
this permit and any subsequent Presidential amendment
to it. This permit may be terminated, revoked, or
amended at any time at the sole discretion of the
President, with or without advice provided by any
executive department or agency (agency). The permittee
shall make no substantial change in the Border
facilities, in the location of the Border facilities,
or in the operation authorized by this permit unless
the President has approved the
[[Page 46998]]
change in an amendment to this permit or in a new
permit. Such substantial changes do not include, and
the permittee may make, changes to the average daily
throughput capacity of the Border facilities to any
volume of products that is achievable through the
Border facilities, and to the directional flow of any
such products.
Article 2. The standards for, and the manner of,
construction, connection, operation, and maintenance of
the Border facilities shall be subject to inspection by
the representatives of appropriate Federal, State, and
local agencies. Officers and employees of such agencies
who are duly authorized and performing their official
duties shall be granted free and unrestricted access to
the Border facilities by the permittee. The Border
facilities, including the construction, connection,
operation, and maintenance of the Border facilities,
shall be subject to all applicable laws and
regulations, including pipeline safety laws and
regulations issued or administered by the Pipeline and
Hazardous Materials Safety Administration of the U.S.
Department of Transportation.
Article 3. Upon the termination, revocation, or
surrender of this permit, unless otherwise decided by
the President, the permittee, at its own expense, shall
remove the Border facilities within such time as the
President may specify. If the permittee fails to comply
with an order to remove, or to take such other
appropriate action with respect to, the Border
facilities, the President may direct an appropriate
official or agency to take possession of the Border
facilities--or to remove the Border facilities or take
other action--at the expense of the permittee. The
permittee shall have no claim for damages caused by any
such possession, removal, or other action.
Article 4. When, in the judgment of the President,
ensuring the national security of the United States
requires entering upon and taking possession of any of
the Border facilities or parts thereof, and retaining
possession, management, or control thereof for such a
length of time as the President may deem necessary, the
United States shall have the right to do so, provided
that the President or his designee has given due notice
to the permittee. The United States shall also have the
right thereafter to restore possession and control to
the permittee. In the event that the United States
exercises the rights described in this article, it
shall pay to the permittee just and fair compensation
for the use of such Border facilities, upon the basis
of a reasonable profit in normal conditions, and shall
bear the cost of restoring the Border facilities to
their previous condition, less the reasonable value of
any improvements that may have been made by the United
States.
Article 5. Any transfer of ownership or control of
the Border facilities, or any part thereof, or any
changes to the name of the permittee, shall be
immediately communicated in writing to the President or
his designee, and shall include information identifying
any transferee. Notwithstanding any such transfers or
changes, this permit shall remain in force subject to
all of its conditions, permissions, and requirements,
and any amendments thereto, unless subsequently
terminated, revoked, or amended by the President.
Article 6. (1) The permittee is responsible for
acquiring any right-of-way grants or easements,
permits, and other authorizations as may become
necessary or 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 Border facilities, including environmental
contamination from the release, threatened release, or discharge of
hazardous substances or hazardous waste.
(3) To ensure the safe operation of the Border facilities, the permittee
shall maintain them and every part of them in a condition of good repair
and in compliance with applicable law.
Article 7. The permittee shall file with the
President or his designee, and with appropriate
agencies, such sworn statements or reports with respect
[[Page 46999]]
to the Border facilities, or the permittee's activities
and operations in connection therewith, as are now, or
may hereafter, be required under any law or regulation
of the United States Government or its agencies. These
reporting obligations do not alter the intent that this
permit be operative as a directive issued by the
President alone.
Article 8. Upon request, the permittee shall
provide appropriate information to the President or his
designee with regard to the Border 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 Border facilities.
Article 9. The permittee shall provide written
notice to the President or his designee at the time
that the construction authorized by this permit begins,
at such time as such construction is completed,
interrupted, or discontinued, and at other times as may
be requested by the President.
Article 10. This permit shall expire 10 years from
the date of its issuance if the permittee has not
commenced construction of the Border facilities by that
date.
Article 11. This permit is not intended to, and
does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any
party against the United States, its departments,
agencies, or entities, its officers, employees, or
agents, or any other person.
IN WITNESS WHEREOF, I, DONALD J. TRUMP, President of
the United States of America, have hereunto set my hand
this twenty-ninth day of July, in the year of our Lord
two thousand twenty, and of the Independence of the
United States of America the two hundred and forty-
fifth.
(Presidential Sig.)
[FR Doc. 2020-17016
Filed 7-31-20; 11:15 am]
Billing code 3295-F0-P
