[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Notices]
[Pages 6687-6688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2769]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 6518]
Notice of Receipt of Application for a Presidential Permit To
Operate and Maintain Pipeline Facilities on the Border of the United
States
Notice is hereby given that the Department of State has received an
application from Dome Petroleum Corp., a North Dakota corporation
(``Dome Petroleum''), with its principal address at 4101 Winfield Road,
Warrenville, Illinois 60555, and Kinder Morgan Cochin, LLC, (``Kinder
Morgan''), a Delaware limited liability company with its principal
office at 500 Dallas Street Suite 1000, Houston, TX 77002, for
Presidential permits, pursuant to Executive Order 13337 of April 30,
2004, to operate and maintain two cross-border pipelines they recently
acquired from Dome Pipeline Corporation (``Dome Pipeline'') to
transport petroleum, petroleum products, and other liquid hydrocarbons
between the United States and Canada, crossing the international
boundary line underneath the Detroit River between Detroit, Michigan
and Windsor, Canada.
A Permit for these pipelines was originally issued to American
Brine, Inc. on October 23, 1957. The permit granted American Brine the
authority to construct, connect, operate, and maintain two pipelines
(collectively, the ``Pipelines'') to carry liquid brine between the
United States and Canada, crossing underneath the Detroit River between
Detroit, Michigan and Windsor, Canada. This permit was superseded by a
new permit issued to American Brine on March 13, 1969. Following the
sale of these pipelines to Dome Pipeline in 1972, this superseding
permit was amended to reflect Dome Pipeline as the new owner, and to
permit the pipelines to transport petroleum, petroleum products and
other liquid hydrocarbons.
On March 15, 2007 Dome Petroleum sold Dome Pipeline, its former
subsidiary, to Kinder Morgan Energy Partners LP, a master limited
partnership with its principal office in Houston, Texas. Following the
sale, Dome Pipeline was merged into Kinder Morgan Cochin (``Kinder
Morgan''), a Delaware limited liability company and subsidiary of
Kinder Morgan Energy Partners with its principal office in Houston,
Texas.
Under the terms of the all-stock sale, ownership of the Pipelines
was to be transferred to Dome Petroleum and Kinder Morgan. Dome
Petroleum shall be the sole owner of the pipeline common referred to as
the Eastern Delivery System South Pipeline System
[[Page 6688]]
(``EDS Pipeline''), located to the east-southeast of the other
pipeline. Kinder Morgan shall be the sole owner of the pipeline
commonly referred to as the Cochin Pipeline, located to the west-
northwest of the EDS Pipeline. Each party shall be solely responsible
for the maintenance of their pipeline and any liability associated with
that pipeline. All easements, licenses, leases and permits associated
with the Pipelines, except for any Presidential permits issued by the
Department, and all real property formerly owned in fee by Dome
Pipeline, shall be owned jointly by Dome Petroleum and Kinder Morgan as
tenants in common. If approved by the Department, separate individual
Presidential permits will be issued to Dome Petroleum and Kinder Morgan
for their respective pipelines.
According to the application, Dome Petroleum and Kinder Morgan
have, in written correspondence to the Department of State, committed
to abide by the relevant terms and conditions of the permit previously
issued by the Department to Dome Pipeline. Further, Dome Petroleum and
Kinder Morgan have indicated in that correspondence that there have
been no substantial changes in the operations of the EDS and Cochin
pipelines from those originally authorized by the Department and
further stated that the future operation of the pipelines will remain
essentially unchanged from that previously permitted. Therefore, in
accordance with 22 CFR 161.7(b)(3) and the Department's Procedures for
Issuance of a Presidential Permit Where There Has Been a Transfer of
the Underlying Facility, Bridge or Border Crossing for Land
Transportation (70 FR 30990, May 31, 2005), the Department of State
does not intend to conduct an environmental review of the application
unless information is brought to its attention that the transfer
potentially would have a significant impact on the quality of the human
environment.
As required by E.O. 13337, the Department of State is circulating
this application to concerned federal agencies for comment.
DATES: Interested parties are invited to submit, in duplicate, comments
relative to this proposal on or before March 12, 2009 to J. Brian
Duggan, Office of International Energy and Commodities Policy,
Department of State, Washington, DC 20520. The application and related
documents that are part of the record to be considered by the
Department of State in connection with this application are available
for inspection in the Office of International Energy and Commodities
Policy during normal business hours.
FOR FURTHER INFORMATION CONTACT:
J. Brian Duggan, Office of International Energy and Commodity
Policy (EB/ESC/IEC/EPC), Department of State, Washington, DC 20520; or
by telephone at (202) 647-1291; or by e-mail at [email protected].
Dated: January 30, 2009.
Stephen J. Gallogly,
Director, Office of International Energy and Commodity Policy,
Department of State.
[FR Doc. E9-2769 Filed 2-9-09; 8:45 am]
BILLING CODE 4710-07-P