Official record

Authorizing Express Pipeline, LLC, To Operate and Maintain Existing Pipeline Facilities at the International Boundary Between the United States and Canada

Record date: 2020-10-08

( printed page 63981) Presidential Permit of October 3, 2020 Authorizing Express Pipeline, LLC, To 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 President of the United States of America (the “President”), I hereby grant this Presidential permit, subject to the conditions herein set forth, to Express Pipeline, LLC (the “permittee”). The permittee is a limited liability corporation incorporated in the State of Delaware. Permission is hereby granted to the permittee to

What this record contains

Federal Register document
2020-22511
Publication date
2020-10-08
Citation
85 FR 63981
Issuing office
Executive Office of the President

Official record excerpt

( printed page 63981) Presidential Permit of October 3, 2020 Authorizing Express Pipeline, LLC, To 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 President of the United States of America (the “President”), I hereby grant this Presidential permit, subject to the conditions herein set forth, to Express Pipeline, LLC (the “permittee”). The permittee is a limited liability corporation incorporated in the State of Delaware. Permission is hereby granted to the permittee to operate and maintain existing pipeline Border facilities, as described herein, at the international border of the United States and Canada near Wild Horse, Montana, for the transport between the United States and Canada 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 to the permittee, dated July 9, 2015, see 80 FR 45695 (July 31, 2015); the Presidential permit issued to the permittee, dated September 27, 2004; and the Presidential permit issued to the permittee's predecessor in interest, Express Pipeline Partnership, dated August 30, 1996. 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 international pipeline project associated with the permittee's November 6, 2019, application for an amendment to its existing permit, and any land, structures, installations, or equipment appurtenant thereto. The term “Border facilities,” as used in this permit, means those parts of the Facilities consisting of a 24-inch diameter pipeline in existence at the time of this permit's issuance extending from the international border between the United States and Canada near Wild Horse, Montana, to and including the first mainline shut-off valve located in the United States, approximately 5.89 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 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 ( printed page 63982) 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, 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 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

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