[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