[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]


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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 This permit was superseded by a 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