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[Federal Register Volume 80, Number 25 (Friday, February 6, 2015)]
[Notices]
[Pages 6789-6791]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02477]

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DEPARTMENT OF STATE

[Public Notice 9028]

Notice of Issuance of a Presidential Permit To Operate and 
Maintain Pipeline Facilities on the Border of the United States and 
Canada for NOVA Chemicals Inc. (Line 39)

AGENCY: Department of State.

ACTION: Notice.

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SUMMARY: The Department of State issued a Presidential Permit to NOVA 
Chemicals, Inc. (``NOVA'') on November 19, 2014, authorizing NOVA to 
connect, operate, and maintain existing pipeline facilities (Line 39) 
it acquired at the border of the United States and Canada near 
Marysville, Michigan for the

[[Page 6790]]

transport of brine between the United States and Canada. The Department 
of State determined that issuance of this Permit would serve the 
national interest. In making this determination and issuing the 
Presidential 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: Chris 
Davy Deputy Director. Tel: 202-647-7553.

SUPPLEMENTARY INFORMATION: Additional information concerning NOVA Line 
39 can be found at http://www.state.gov/e/enr/applicant. Following is 
the text of the issued permit:

PRESIDENTIAL PERMIT

AUTHORIZING NOVA CHEMICALS INC. TO CONSTRUCT, 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 Under Secretary of State 
for Economic Growth, Energy, and the Environment, including those 
authorities under Executive Order 11426, 33 FR 11741, as amended by 
Executive Order 12847 of May 17, 1993, 58 FR 29511, Executive Order 
13284 of January 23, 2003, 68 FR 4075, and Executive Order 13337 of 
April 30, 2004, 69 FR 25299, 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 NOVA 
Chemicals Inc. (hereinafter referred to as the ``permittee''), 
incorporated in the State of Delaware, to connect, operate, and 
maintain existing pipeline facilities at the border of the United 
States and Canada near Marysville, Michigan, for the transport of brine 
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 approximately 1,315 feet of 6-inch 
pipeline in existence at the time of this permit's issuance and known 
as Line 39 used to transport brine extending from St. Clair County, 
Michigan near the City of Marysville to the international border 
between the United States and Canada. The United States facilities also 
include certain appurtenant facilities.
    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 August 7, 2012 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 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 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 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.

[[Page 6791]]

    (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 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 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 U.S. 
facilities.
    IN WITNESS WHEREOF, I, the Under Secretary of State for Economic 
Growth, Energy, and the Environment, have hereunto set my hand this 
19th day of November, 2014 in the City of Washington, District of 
Columbia.

Catherine A. Novelli

Under Secretary of State for Economic Growth, Energy, and the 
Environment

    Date: January 27, 2015.
Chris Davy,
Office Director, Office of Europe, Western Hemisphere and Africa, 
Bureau of Energy Resources, U.S. Department of State.
[FR Doc. 2015-02477 Filed 2-5-15; 8:45 am]
BILLING CODE 4710-AE-P
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