80 FR 69768 - Notice of Issuance of a Presidential Permit to Kinder Morgan Cochin, LLC To Connect, Operate, and Maintain Existing Pipeline Facilities at the International Boundary Between the United States and Canada
DEPARTMENT OF STATE Federal Register Volume 80, Issue 217 (November 10, 2015)
Federal Register Volume 80, Issue 217 (November 10, 2015)
| Page Range | 69768-69770 | |
| FR Document | 2015-28579 |
[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)] [Notices] [Pages 69768-69770] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-28579] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE [Public Notice 9342] Notice of Issuance of a Presidential Permit to Kinder Morgan Cochin, LLC To Connect, Operate, and Maintain Existing Pipeline Facilities at the International Boundary Between the United States and Canada AGENCY: Department of State. SUMMARY: The Department of State issued a Presidential Permit to Kinder-Morgan Cochin, LLC on November 3, 2015 to connect, operate, and maintain existing pipeline facilities at the U.S.-Canadian border in Detroit, Michigan acquired by that company for the transport of liquid hydrocarbons 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 permit, the Department of State followed the procedures established under Executive Order 13337, and provided public notice and opportunity for comment. This permit replaces the 1972 Presidential Permit for these pipeline facilities, but authorizes no new [[Page 69769]] construction or change in the scope of operations. 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: Deputy Director. Tel: 202-647-2041. Dated: November 3, 2015. Chris Davy, Deputy Director, Energy Resources Bureau, Energy Diplomacy, (ENR/EDP/ EWA), Bureau of Energy Resources, U.S. Department of State. SUPPLEMENTARY INFORMATION: Additional information concerning the Kinder-Morgan Cochin, LLC pipeline facilities 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/c55085.htm. Following is the text of the issued permit: PRESIDENTIAL PERMIT AUTHORIZING KINDER MORGAN COCHIN, LLC TO CONNECT, 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 13337, 69 FR 25299 (2004), 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 Kinder Morgan Cochin, LLC (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 in Detroit, Michigan for the transport of liquid hydrocarbons 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 a ten-inch diameter pipeline in existence at the time of this permit's issuance extending from the international border between the United States and Canada underneath the Detroit River to the first block valve in the United States, located at a point onshore in Detroit, Michigan. 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 October 2, 2014 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 69770]] (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 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 3rd day of November 2015 in the City of Washington, District of Columbia. Catherine A. Novelli, Under Secretary of State for Economic, Growth, Energy, and the Environment. [FR Doc. 2015-28579 Filed 11-9-15; 8:45 am] BILLING CODE 4710-AE-P
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2. Statutory Basis III. Date of Effectiveness of the Commission, and all written
The Exchange believes the proposed Proposed Rule Change and Timing for communications relating to the
Commission Action proposed rule change between the
rule change is consistent with the Act
and the rules and regulations Because the foregoing proposed rule Commission and any person, other than
thereunder applicable to the Exchange change does not: those that may be withheld from the
and, in particular, the requirements of A. Significantly affect the protection public in accordance with the
Section 6(b) of the Act.5 Specifically, of investors or the public interest; provisions of 5 U.S.C. 552, will be
the Exchange believes the proposed rule B. impose any significant burden on available for Web site viewing and
change is consistent with the Section competition; and printing in the Commission’s Public
6(b)(5) 6 requirements that the rules of C. become operative for 30 days from Reference Room, 100 F Street NE.,
an exchange be designed to prevent the date on which it was filed, or such Washington, DC 20549 on official
fraudulent and manipulative acts and shorter time as the Commission may business days between the hours of
practices, to promote just and equitable designate, it has become effective 10:00 a.m. and 3:00 p.m. Copies of such
principles of trade, to foster cooperation pursuant to Section 19(b)(3)(A) of the filing also will be available for
Act 8 and Rule 19b–4(f)(6) 9 thereunder. inspection and copying at the principal
and coordination with persons engaged
At any time within 60 days of the filing offices of the Exchange. All comments
in regulating, clearing, settling,
of the proposed rule change, the received will be posted without change;
processing information with respect to,
Commission summarily may the Commission does not edit personal
and facilitating transactions in
temporarily suspend such rule change if identifying information from
securities, to remove impediments to
it appears to the Commission that such submissions. You should submit only
and perfect the mechanism of a free and
action is necessary or appropriate in the information that you wish to make
open market and a national market
public interest, for the protection of available publicly. All submissions
system, and, in general, to protect
investors, or otherwise in furtherance of should refer to File Number SR–CBOE–
investors and the public interest.
the purposes of the Act. If the 2015–098, and should be submitted on
Additionally, the Exchange believes the
Commission takes such action, the or before December 1, 2015.
proposed rule change is consistent with
Commission will institute proceedings For the Commission, by the Division of
the Section 6(b)(5) 7 requirement that
to determine whether the proposed rule Trading and Markets, pursuant to delegated
the rules of an exchange not be designed
change should be approved or authority.10
to permit unfair discrimination between
disapproved. Brent J. Fields,
customers, issuers, brokers, or dealers.
In particular, the current filing IV. Solicitation of Comments Secretary.
proposes to change the name ‘‘Google, Interested persons are invited to [FR Doc. 2015–28519 Filed 11–9–15; 8:45 am]
Inc.’’ to ‘‘Alphabet, Inc.’’ in order to submit written data, views, and BILLING CODE 8011–01–P
reflect the new ownership structure and arguments concerning the foregoing,
is consistent with the Act because Rule including whether the proposed rule
5.5.22 will now accurately reflect the change is consistent with the Act. DEPARTMENT OF STATE
name of this class that is eligible for Comments may be submitted by any of
Mini-options trading. the following methods: [Public Notice 9342]
B. Self-Regulatory Organization's Electronic Comments Notice of Issuance of a Presidential
Statement on Burden on Competition
• Use the Commission’s Internet Permit to Kinder Morgan Cochin, LLC
CBOE does not believe that the comment form (http://www.sec.gov/ To Connect, Operate, and Maintain
proposed rule change will impose any rules/sro.shtml); or Existing Pipeline Facilities at the
burden on competition that is not • Send an email to rule-comments@ International Boundary Between the
necessary or appropriate in furtherance sec.gov. Please include File Number SR– United States and Canada
of the purposes of the Act. The CBOE–2015–098 on the subject line.
AGENCY: Department of State.
proposed change does not impose any
Paper Comments SUMMARY: The Department of State
burden on intramarket competition
because it applies to all Trading Permit • Send paper comments in triplicate issued a Presidential Permit to Kinder-
Holders. There is no burden on to Secretary, Securities and Exchange Morgan Cochin, LLC on November 3,
intermarket competition as the proposed Commission, 100 F Street NE., 2015 to connect, operate, and maintain
change would update Rule 5.5.22 to Washington, DC 20549–1090. existing pipeline facilities at the U.S.-
reflect the new name for a class that is All submissions should refer to File Canadian border in Detroit, Michigan
eligible for Mini-options trading. As a Number SR–CBOE–2015–098. This file acquired by that company for the
result, there would be no substantive number should be included on the transport of liquid hydrocarbons
changes to the Exchange’s operations or subject line if email is used. To help the between the United States and Canada.
its rules. Commission process and review your The Department of State determined
comments more efficiently, please use that issuance of this permit would serve
C. Self-Regulatory Organization's the national interest. In making this
only one method. The Commission will
Statement on Comments on the determination and issuing the permit,
post all comments on the Commission’s
Proposed Rule Change Received From the Department of State followed the
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Internet Web site (http://www.sec.gov/
Members, Participants, or Others procedures established under Executive
rules/sro.shtml). Copies of the
The Exchange neither solicited nor submission, all subsequent Order 13337, and provided public
received comments on the proposed amendments, all written statements notice and opportunity for comment.
rule change. with respect to the proposed rule This permit replaces the 1972
change that are filed with the Presidential Permit for these pipeline
5 15 U.S.C. 78f(b). facilities, but authorizes no new
6 15 U.S.C. 78f(b)(5). 8 15 U.S.C. 78s(b)(3)(A).
7 Id. 9 17 CFR 240.19b–4(f)(6). 10 17 CFR 200.30–3(a)(12).
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(2) The permittee shall hold harmless DEPARTMENT OF TRANSPORTATION Form Numbers: There are no FAA
and indemnify the United States from forms associated with this collection of
any claimed or adjudged liability arising Federal Aviation Administration information.
out of construction, connection, Type of Review: Renewal of an
operation, or maintenance of the Agency Information Collection information collection.
Activities: Requests for Comments; Background: The Federal Register
facilities, including but not limited to
Clearance of Renewed Approval of Notice with a 60-day comment period
environmental contamination from the
Information Collection: Operating soliciting comments on the following
release or threatened release or
Requirements: Domestic, Flag and collection of information was published
discharge of hazardous substances and Supplemental Operations
hazardous waste. on August 12, 2015 (80 FR 48390).
AGENCY: Federal Aviation Under the authority of Title 49 CFR,
(3) The permittee shall maintain the Section 44701, Federal Aviation
United States facilities and every part Administration (FAA), DOT.
ACTION: Notice and request for
Regulations Part 121, prescribe the
thereof in a condition of good repair for terms, conditions, and limitations as are
their safe operation, and in compliance comments.
necessary to ensure safety in air
with prevailing environmental SUMMARY: In accordance with the transportation. Each operator which
standards and regulations. Paperwork Reduction Act of 1995, FAA seeks to obtain, or is in possession of,
Article 9. The permittee shall take all invites public comments about our an air carrier operating certificate must
necessary measures to prevent or intention to request the Office of comply with the requirements of FAR
mitigate adverse impacts on, or Management and Budget (OMB) Part 121 in order to maintain data which
disruption of, the human environment approval to renew an information is used to determine if the air carrier is
in connection with connection, collection. 14 CFR part 121 prescribes operating in accordance with minimum
operation and maintenance of the the requirements governing air carrier safety standards.
United States facilities. Such measures operations. The information collected is Respondents: Approximately 75 air
will include any mitigation and control used to determine air operators’ operators/applicants.
compliance with the minimum safety Frequency: Information is collected
plans that are already approved or that
standards and the applicants’ eligibility on occasion.
are approved in the future by the
for air operations certification. Estimated Average Burden per
Department of State or other relevant Response: 27.52 hours.
federal or state agencies, and any other DATES: Written comments should be
submitted by December 10, 2015. Estimated Total Annual Burden:
measures deemed prudent by the 1,430,987 hours.
permittee. ADDRESSES: Interested persons are
invited to submit written comments on Issued in Washington, DC, on November 4,
Article 10. The permittee shall file the proposed information collection to 2015.
with the appropriate agencies of the the Office of Information and Regulatory Ronda Thompson,
United States Government such Affairs, Office of Management and FAA Information Collection Clearance
statements or reports under oath with Budget. Comments should be addressed Officer, Performance, Policy & Records
respect to the United States facilities, to the attention of the Desk Officer, Management Branch (ASP±110).
and/or permittee’s activities and Department of Transportation/FAA, and [FR Doc. 2015–28612 Filed 11–9–15; 8:45 am]
operations in connection therewith as sent via electronic mail to oira_ BILLING CODE 4910–13–P
are now, or may hereafter, be required submission@omb.eop.gov, or faxed to
under any laws or regulations of the (202) 395–6974, or mailed to the Office
United States Government or its of Information and Regulatory Affairs, DEPARTMENT OF TRANSPORTATION
agencies. The permittee shall file Office of Management and Budget,
electronic Export Information where Docket Library, Room 10102, 725 17th Federal Aviation Administration
required. Street NW., Washington, DC 20503. Random Drug and Alcohol Testing
Article 11. The permittee shall Public Comments Invited: You are
Percentage Rates of Covered Aviation
provide information upon request to the asked to comment on any aspect of this
Employees for the Period of January 1,
Department of State with regard to the information collection, including (a)
2016, Through December 31, 2016
United States facilities. Such requests Whether the proposed collection of
could include, for example, information information is necessary for FAA’s AGENCY: Federal Aviation
concerning current conditions or performance; (b) the accuracy of the Administration (FAA), DOT.
anticipated changes in ownership or estimated burden; (c) ways for FAA to ACTION: Notice.
control, construction, connection, enhance the quality, utility and clarity
of the information collection; and (d) SUMMARY: The FAA has determined that
operation, or maintenance of the U.S.
ways that the burden could be the minimum random drug and alcohol
facilities.
minimized without reducing the quality testing percentage rates for the period
IN WITNESS WHEREOF, I, the Under of the collected information. The agency January 1, 2016, through December 31,
Secretary of State for Economic Growth, will summarize and/or include your 2016, will remain at 25 percent of
Energy, and the Environment, have comments in the request for OMB’s safety-sensitive employees for random
hereunto set my hand this 3rd day of clearance of this information collection. drug testing and 10 percent of safety-
asabaliauskas on DSK5VPTVN1PROD with NOTICES
November 2015 in the City of FOR FURTHER INFORMATION CONTACT: sensitive employees for random alcohol
Washington, District of Columbia. Ronda Thompson at (202) 267–1416, or testing.
Catherine A. Novelli, by email at: Ronda.Thompson@faa.gov. FOR FURTHER INFORMATION CONTACT: Ms.
SUPPLEMENTARY INFORMATION: Vicky Dunne, Office of Aerospace
Under Secretary of State for Economic, Medicine, Drug Abatement Division,
OMB Control Number: 2120–0008.
Growth, Energy, and the Environment. Title: Operating Requirements: Program Policy Branch (AAM–820),
[FR Doc. 2015–28579 Filed 11–9–15; 8:45 am] Domestic, Flag and Supplemental Federal Aviation Administration, 800
BILLING CODE 4710–AE–P Operations. Independence Avenue SW., Room 806,
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Document Created: 2018-03-01 11:24:55
Document Modified: 2018-03-01 11:24:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| 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: Deputy Director. Tel: 202-647-2041. | |
| FR Citation | 80 FR 69768 |
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