[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Notices]
[Pages 620-621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33297]
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DEPARTMENT OF STATE
[Public Notice: 7286]
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 received on May
14, 2010 an updated application from Dome Petroleum Corp., a North
Dakota corporation (``Dome Petroleum''), with its registered office at
30600 Telegraph Road, Bingham Farms, Michigan 48025, and its principal
offices at 240n 4th Avenue, SW., Calgary, Alberta, Canada T2P 2H8, for
a Presidential permit, pursuant to Executive Order 13337 of April 30,
2004, to operate and maintain six (6) cross-border pipelines Dome
Petroleum acquired from Dome Pipeline Corporation (``Dome Pipeline'').
These pipelines carry, or are permitted to carry, liquefied
hydrocarbons under pressure between the United States and Canada. The
pipelines cross from the City of Sarnia in Canada to the United States
underneath the St. Clair River, terminating on the American shore in
the City of Marysville, Michigan at a property commonly known as Tax
Parcel No. 74-03-032-2002-000, and also underneath the adjacent River
Road.
According to the application, on March 15, 2007, Dome Pipeline was
sold to Kinder Morgan Energy Partners LP, a master limited partnership
with its principal office in Houston, Texas, by Dome Petroleum, the
former parent corporation of Dome Pipeline. The application states that
the sale was a stock sale, with the provision that some of the assets
held by Dome Pipeline were to be transferred back to its former parent
Dome Petroleum, and that, under the terms of the sale, the ownership of
the pipelines which are the subject of this Application, and any
related permits, easements, licenses and leases, were transferred back
to Dome Petroleum.
Because of the transfer of ownership of the pipelines and related
real properties, leases, licenses, easements and permits, Dome
Petroleum now seeks to have new permits issued in its name to reflect
the transfer of ownership of the pipelines and permission to operate,
maintain and repair these pipelines underneath the St. Clair River.
The present Application would supersede an authorization to cross
the border granted by President Woodrow Wilson on June 10, 1918 with
regard to permit No. 88253/18 granted by the Secretary of War on June
8, 1918 for two pipelines (discussed below--Two Pipelines). It would
also cover four additional pipelines permitted from the U.S. Army Corps
of Engineers (discussed below--Four Pipelines).
Existing Permit No. 88253/18--Two Pipelines
A permit for two pipelines to cross the international border was
issued by the U.S. Secretary of War to the Imperial Pipe Line Company
on June 8, 1918. According to records provided with the application,
the Imperial Pipeline Company assigned its pipeline permit rights to
the Transit and Storage Company on December 28, 1936 and the Transit
and Storage Company was acquired by Buckeye Pipe Line Company in 1953.
The records also appear to show that Buckeye Pipe Line sold these
pipelines to Dome Pipeline Corporation on June 28, 1971. The records
provided to the Department with the application also include a letter
from the Office of the Legal Adviser at the U.S. State Department dated
June 1, 1971, acknowledging notice of the sale to Dome Petroleum and
not objecting to the sale/purchase of the two pipelines.
The existing permit allows these pipelines to transport crude oil.
However, according to the application, the pipelines are not actively
carrying product currently, but rather are being held in reserve to be
used in the event of an increase in demand or as backup to the active
pipelines operated under Permit 73-12-19 (discussed below). The
application states that the pipelines are not abandoned but are
maintained under pressure with an inert gas, and continue to receive
cathodic protection to protect against corrosion.
Existing Permit No. 73-12-19--Four Pipelines
On October 16, 1973, Dome Pipeline Corporation received Permit No.
73-12-19 from the U.S. Army Corps of Engineers (COE) to construct up to
four (4) additional pipelines to carry liquefied hydrocarbons.
According to the application, all four (4) pipelines were constructed
prior to the December 31, 1976 deadline set forth in Permit 73-12-19.
The application goes on to state, however, that only two of these
pipelines currently actively transport liquefied hydrocarbons under
pressure and that the remaining two pipelines are being held in reserve
to be used in the event of an increase in demand or alternate method of
transporting product is required. The application asserts that the
latter two pipelines are not abandoned but rather are maintained under
pressure with an inert gas, and continue to receive cathodic protection
to protect against corrosion.
According to the Federal Register notice issued on May 31, 2005,
transferee entities are required to submit applications for new permits
that contain ``information explaining the nature of the entity, its
ownership, its place of incorporation or organization, information
concerning its acquisition of relevant facility, bridge or border
crossing from the prior permit holder and any other relevant
information concerning its operation of the facility, bridge or border
crossing.'' (70 FR 30990). In addition, the notice provides that, if
the ``transferee commits to abiding by the relevant terms and
conditions of the previously-issued permit and further indicates that
the operations of the relevant facility, bridge or border crossing will
remain essentially unchanged from that previously permitted, the
Department of State, pursuant to 22 CFR 161 .7(b)(3), does not intend
to conduct an environmental review of the application under its
regulations implementing the National Environmental Policy Act, 22 CFR
part 161, unless information is brought to its attention in connection
with the application process that the transfer potentially would have a
significant impact on the quality of the human environment.''
According to the application, Dome Petroleum has, in written
correspondence to the Department of State, committed to abide by the
relevant terms and conditions of the permits previously issued to Dome
Pipeline or its predecessors-in-interest with regard to these six (6)
pipelines. Further, Dome Petroleum has indicated in correspondence that
there have been
[[Page 621]]
no substantial changes in the operations of all six (6) pipelines than
those originally authorized 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 application on or before February 4, 2011 to Michael
P. Stewart, 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]. 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: For information regarding
environmental concerns and permitting, contact Alex Yuan at (202) 647-
4284; or by e-mail at [email protected]. For all other concerns, contact
Michael P. Stewart, 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: December 29, 2010.
Stephen J. Gallogly,
Director, Office of International Energy and Commodity Policy,
Department of State.
[FR Doc. 2010-33297 Filed 1-4-11; 8:45 am]
BILLING CODE 4710-07-P