[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Notices]
[Pages 69768-69770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28579]
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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]
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