[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Notices]
[Pages 73582-73583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29184]


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DEPARTMENT OF STATE

[Public Notice 8544]


Presidential Permit for Kinder Morgan Cochin, LLC

November 27, 2013.
AGENCY: Department of State.

ACTION: Notice of Issuance of a Presidential Permit for Kinder Morgan 
Cochin, LLC.

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SUMMARY: The Department of State issued a Presidential Permit to Kinder 
Morgan Cochin, LLC (``KM Cochin'') on November 19, 2013, authorizing KM 
Cochin to connect, operate, and maintain existing pipeline facilities 
it acquired at the border of the United States and Canada at a point in 
Renville County, North Dakota, as a common carrier, for the transport 
of light 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.

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: Michael 
Brennan. Tel: 202-647-7553.

SUPPLEMENTARY INFORMATION: Additional information concerning the KM 
Cochin pipeline 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/c54799.htm. Following 
is the text of the issued permit:

PRESIDENTIAL PERMIT

AUTHORIZING KINDER MORGAN COCHIN, LLC TO CONNECT, OPERATE, AND MAINTAIN 
PIPELINE FACILITIES AT THE INTERNATIONAL BOUNDARY BETWEEN THE UNITED 
STATES AND CANADA

    By virtue of the authority vested in me as Deputy Secretary of 
State, including those authorities under Executive Order 13337, 69 
Fed. Reg. 25299 (2004), and Department of State Delegation of 
Authority 245-1 of February 13, 2009; 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''), a Delaware limited liability company, to connect, 
operate, and maintain pipeline facilities at the border of the 
United States and Canada at a point in Renville County, North 
Dakota, as a common carrier for the transport of light 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 12.75 inch diameter 
pipeline extending from the international border between the United 
States and Canada at a point near Sherwood in Renville County, North 
Dakota, to the first block valve in the United States, located at 
milepost 636 of the pipeline, approximately 14.5 miles south of the 
international boundary. 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 November 14, 2012 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. The permittee shall notify the Commissioner of 
Customs and Border Protection immediately if it plans to inject 
foreign merchandise into the United States facilities.
    Article 6. 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 7. 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 8. Any transfer 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 transferee. 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 9. (1) The permittee is responsible for acquiring any 
right-of-way grants or easements, permits, and other authorizations 
as may become necessary and appropriate.
    (2) The permittee shall save harmless and indemnify the United 
States from any

[[Page 73583]]

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 10. The permittee shall take all necessary measures to 
prevent or mitigate adverse environmental impacts or disruption of 
archeological resources 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 agencies, and any other measures deemed 
prudent by the permittee.
    Article 11. 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 12. 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 Deputy Secretary of State have 
hereunto set my hand this 19th day of November 2013 in the City of 
Washington, District of Columbia.

William J. Burns
Deputy Secretary of State

    Date: November 27, 2013.
Michael F. Brennan,
Energy Officer, Office of Europe, Western Hemisphere and Africa, Bureau 
of Energy Resources, U.S. Department of State.
[FR Doc. 2013-29184 Filed 12-5-13; 8:45 am]
BILLING CODE 4710-09-P