[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Notices]
[Pages 28485-28486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12918]


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DEPARTMENT OF STATE

[Public Notice: 10442]


Notice of Issuance of a Presidential Permit to Borrego Crossing 
Pipeline, LLC

AGENCY: Department of State.

ACTION: Notice.

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SUMMARY: The Secretary of State issued a Presidential permit to Borrego 
Crossing Pipeline, LLC (``Borrego'') on May 25, 2018, authorizing 
Borrego to construct, connect, operate, and maintain pipeline 
facilities (``Borrego Pipeline facilities'') at the U.S.-Mexico border 
near Laredo, Texas, for the export of refined petroleum products, 
including gasoline, premium gasoline, ultra-low-sulfur diesel 
(``ULSD''), and jet fuels.

FOR FURTHER INFORMATION CONTACT: Richard W. Westerdale II, Bureau of 
Energy Resources, U.S. Department of State, 2201 C St. NW, Suite 4422, 
Washington, DC 20520, (202) 647-7947.

SUPPLEMENTARY INFORMATION: Additional information concerning the 
Borrego Pipeline facilities and documents related to the Department of 
State's review of the application for a Presidential permit can be 
found at https://www.state.gov/e/enr/applicant/applicants/borregopipeline/index.htm. Following is the text of the permit, as 
issued:

PRESIDENTIAL PERMIT AUTHORIZING BORREGO CROSSING PIPELINE, LLC 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 Secretary of State, 
including those authorities under Executive Order 13337, 69 FR 25299 
(2004); 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.), the Endangered Species Act 
of 1973 (16 U.S.C. 1536), and other statutes relating to 
environmental concerns; having considered the proposed action 
consistent with the National Historic Preservation Act of 1966 (80 
Stat. 917, 16 U.S.C. 470f et seq.); and having requested and 
received the views of members of the public, various federal and 
state agencies, and various Indian tribes; I hereby grant 
permission, subject to the conditions herein set forth, to Borrego 
Crossing Pipeline, LLC (hereinafter referred to as the 
``permittee''), a limited liability company organized under the laws 
of the state of Delaware and a wholly owned subsidiary of Howard 
Midstream Energy Partners, LLC, with its principal place of business 
in San Antonio, Texas, to construct, connect, operate, and maintain 
pipeline facilities at the border of the United States and Mexico 
near Laredo, Texas, for the export of refined petroleum products, 
including gasoline, premium gasoline, ultra-low-sulfur diesel 
(``ULSD''), and jet fuels from the United States into 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 a 20-inch diameter pipeline 
for the transport of up to 150,000 barrels per day of refined 
petroleum products, including gasoline, premium

[[Page 28486]]

gasoline, ULSD, and jet fuels, extending from the border between the 
United States and Mexico underneath the Rio Grande at a point 
approximately 9.2 miles northwest of Laredo, Texas, to the first 
mainline shutoff valve in the United States located approximately 
0.25 miles from the international border.
    The United States facilities also include certain appurtenant 
facilities, including such metering facilities as are required by 
the Commissioner of U.S. Customs and Border Protection.
    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, operation, and maintenance of the United 
States facilities shall be in all material respects as described in 
the permittee's application for a Presidential permit under 
Executive Order 13337, filed on August 12, 2016, and consistent with 
the resource protection measures identified in the Final 
Environmental Assessment (EA), dated January 2018.
    Article 2. The standards for, and the manner of, the 
construction, connection, 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, local, and tribal laws and regulations regarding the 
construction, connection, operation, and maintenance of the United 
States facilities and with all applicable industrial codes. The 
permittee shall obtain requisite permits from relevant state and 
local governmental entities, and relevant federal agencies.
    Article 4. All construction, connection, operation, and 
maintenance of the United States facilities under this permit shall 
be subject to the limitations, terms, and conditions issued by any 
competent agency of the U.S. 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. This permit 
shall continue in force and effect only so long as the permittee 
shall continue the operations hereby authorized in accordance with 
such limitations, terms, and conditions.
    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 
appropriate 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 appropriate 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 transfer of ownership or control of the United 
States facilities or any part thereof shall be immediately notified 
in writing to the 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 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 hold 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 the construction, connection, 
operation, and maintenance of the United States facilities. Such 
measures will include the resource protection measures found in the 
EA and any that are approved in the future by the Department of 
State or other relevant federal or state agencies, as well as any 
other measures deemed prudent by the permittee.
    Article 10. The permittee shall file with the appropriate 
agencies of the U.S. 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 U.S. 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.
    Article 12. The permittee shall provide written notice to the 
Department of State at such time as the construction authorized by 
this permit is begun, at such time as construction is completed, 
interrupted, or discontinued, and at other times as may be 
designated by the Department of State.
    Article 13. This permit shall expire five years from the date of 
issuance in the event that the permittee has not commenced 
construction of the United States facilities by that deadline.
    In witness whereof, I, Secretary of State, have hereunto set my 
hand this 25th day of May 2018 in the City of Washington, District 
of Columbia.

Michael R. Pompeo,
Secretary of State

End of permit text.

Richard W. Westerdale II,
Senior Advisor, Energy Resources Bureau, U.S. Department of State.
[FR Doc. 2018-12918 Filed 6-18-18; 8:45 am]
 BILLING CODE 4710-AE-P