Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Notices 53493 

DEPARTMENT OF STATE 

[Public Notice 8443] 

Presidential Permits: NOVA Chemicals 

Inc. Line 20 Facilities 

August 21, 2013. 

AGENCY: Department of State. 

ACTION: Notice of Issuance of a 

Presidential Permit for NOVA 

Chemicals Inc. Line 20 Facilities. 

SUMMARY: The Department of State 

issued a Presidential Permit to NOVA 

Chemicals Inc. (‘‘NOVA Inc.’’) on 

August 16, 2013, authorizing NOVA Inc. 

to connect, operate, and maintain 

pipeline facilities at the border of the 

United States and Canada for the export 

of natural gas liquids from the United 

States to Ontario, Canada. The Line 20 

facilities were constructed in 1986 and 

operated most recently by another entity 

for the transport of natural gas pursuant 

to a Presidential Permit issued by the 

Federal Energy Regulatory Commission. 

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 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 

NOVA Line 20 pipeline 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/

applicants/c54799.htm. Following is the 

text of the issued permit: 

Presidential Permit Authorizing NOVA 

Chemicals, Inc. To 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 Deputy Secretary of State, 

including those authorities under 

Executive Order 13337, 69 FR 25299 

(2004), and Department of State 

Delegation of Authority 245–1 of 

February 13, 2009; 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. 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. 

470f et seq.); and 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’’), which is 

incorporated in the State of Delaware, to 

connect, operate, and maintain pipeline 

facilities at the border of the United 

States and Canada in St. Clair County, 

Michigan, for the export of natural gas 

liquids 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 

consist of approximately 1,350 feet of 

12-inch diameter pipeline extending 

from a block valve site in St. Clair 

County, Michigan to the international 

border between the United States and 

Canada, as well as 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 construction, 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’’), as amended, and the 

Department of State’s Finding of No 

Significant Impact dated January 18, 

2013. 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 

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 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; 


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53494 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Notices 

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; 

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 any right-ofway 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 

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 construction, 

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 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 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 Deputy 

Secretary of State have hereunto set my 

hand this 16th day of August 2013, in 

the City of Washington, District of 

Columbia. 

William J. Burns, 

Deputy Secretary of State. 

Dated: August 21, 2013. 

Michael F. Brennan, 

Office of Europe, Western Hemisphere and 

Africa, Bureau of Energy Resources, U.S. 

Department of State. 

[FR Doc. 2013–21165 Filed 8–28–13; 8:45 am] 

BILLING CODE 4710–09–P 

TENNESSEE VALLEY AUTHORITY 

Dam Safety Modifications at Cherokee, 

Fort Loudoun, Tellico, and Watts Bar 

Dams 

AGENCY: Tennessee Valley Authority. 

ACTION: Issuance of Record of Decision. 

SUMMARY: This notice is provided in 

accordance with the Council on 

Environmental Quality’s regulations (40 

CFR parts 1500 to 1508) and TVA’s 

procedures for implementing the 

National Environmental Policy Act 

(NEPA). TVA has decided to adopt the 

preferred alternative in its final 

environmental impact statement (EIS) 

for the dam safety modifications at 

Cherokee, Fort Loudoun, Tellico, and 

Watts Bar Dams. The notice of 

availability (NOA) of the Final 

Environmental Impact Statement for 

Dam Safety Modifications at Cherokee, 

Fort Loudoun, Tellico, and Watts Bar 

Dams was published in the Federal 

Register on May 31, 2013. This 

alternative, Permanent Modifications of 

Dam Structures: Combination of 

Concrete Floodwalls and Earthen 

Embankments, will protect the four 

dams against failure during the Probable 

Maximum Flood (PMF) event while 

minimizing the adverse effects to the 

appearance and recreational use of the 

dam reservations. 

FOR FURTHER INFORMATION CONTACT: 

Charles P. Nicholson, NEPA 

Compliance Manager, Tennessee Valley 

Authority, 400 West Summit Hill Drive, 

WT 11D, Knoxville, Tennessee 37902– 

1499; telephone 865–632–3582, or email 

cpnicholson@tva.gov. 

SUPPLEMENTARY INFORMATION: TVA is an 

agency and instrumentality of the 

United States, established by an act of 

Congress in 1933, to foster the social 

and economic welfare of the people of 

the Tennessee Valley region and to 

promote the proper use and 

conservation of the region’s natural 

resources. A fundamental part of this 

mission was the construction and 

operation of an integrated system of 

dams and reservoirs. As directed by the 

TVA Act, TVA uses this system to 

manage the water resources of the 

Tennessee River for the purposes of 

navigation, flood control, power 

production. Consistent with these 

purposes, TVA operates the system to 

provide a wide range of other benefits. 

As the Federal agency responsible for 

the operation of numerous dams, and 

consistent with the Federal Guidelines 

for Dam Safety issued by the Federal 

Emergency Management Agency, TVA 

prepares for the worst case flooding 

event in order to protect against dam 

failure, loss of life, major property 

damage, and impacts to critical 

facilities. This worst case flooding event 

is known as the PMF, defined as the 

flood that may be expected from the 

most severe combination of critical 

meteorological and hydrological 

conditions that are reasonably possible 

in a particular area. Nuclear Regulatory 

Commission (NRC) nuclear plant 

operating regulations also require that 

nuclear plants be protected against the 

adverse effects of the PMF. TVA 

periodically reviews and revises its 

calculations of PMF elevations. During 

the most recent review (completed in 

2008), TVA determined that the updated 

PMF elevations at Cherokee, Fort 

Loudoun, Tellico, and Watts Bar Dams, 

as well as at TVA’s Watts Bar and 


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