73582 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Notices 

Dated: November 26, 2013. 

Jeanne Hulit, 

Acting Administrator. 

[FR Doc. 2013–29178 Filed 12–5–13; 8:45 am] 

BILLING CODE 8025–01–P 

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. 

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 


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Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Notices 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 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Request for Comments Concerning 

Compliance With Telecommunications 

Trade Agreements 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice of request for public 

comment and reply comment. 

SUMMARY: Pursuant to section 1377 of 

the Omnibus Trade and 

Competitiveness Act of 1988 (19 U.S.C. 

3106) (‘Section 1377’), the Office of the 

United States Trade Representative 

(‘‘USTR’’) is reviewing and requests 

comments on the operation, 

effectiveness, and implementation of, 

and compliance with the following 

agreements regarding 

telecommunications products and 

services of the United States: The World 

Trade Organization (‘‘WTO’’) General 

Agreement on Trade in Services; The 

North American Free Trade Agreement 

(‘‘NAFTA’’); U.S. free trade agreements 

(‘‘FTAs’’) with Australia, Bahrain, Chile, 

Colombia, Korea, Morocco, Oman, 

Panama, Peru, and Singapore; the 

Dominican Republic–Central America– 

United States Free Trade Agreement 

(‘‘CAFTA–DR’’); and any other 

telecommunications trade agreements, 

such as Mutual Recognition Agreements 

(MRAs) for Conformity Assessment of 

Telecommunications Equipment. The 

USTR will conclude the review by 

March 31, 2014. 

DATES: Comments are due on January 3, 

2014 and reply comments on January 

24, 2014. 

ADDRESSES: Submissions should be 

made via the Internet at 

www.regulations.gov docket number 

USTR–2013–0039. For alternatives to 

on-line submissions please contact 

Yvonne Jamison (202–395–3475). The 

public is strongly encouraged to file 

submissions electronically rather than 

by facsimile or mail. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan McHale, Office of Services and 

Investment, (202) 395–9533; or Ashley 

Miller, Office of Market Access and 

Industrial Competitiveness, (202) 395– 

9476. 

SUPPLEMENTARY INFORMATION: Section 

1377 requires the USTR to review 

annually the operation and effectiveness 

of all U.S. trade agreements regarding 

telecommunications products and 

services that are in force with respect to 

the United States. The purpose of the 

review is to determine whether any act, 

policy, or practice of a country that has 

entered into a trade agreement or other 

telecommunications trade agreement 

with the United States is inconsistent 

with the terms of such agreement or 

otherwise denies U.S. firms, within the 

context of the terms of such agreements, 

mutually advantageous market 

opportunities for telecommunications 

products and services. For the current 

review, the USTR seeks comments on: 

(1) Whether any WTO member is 

acting in a manner that is inconsistent 

with its obligations under WTO 

agreements affecting market 

opportunities for telecommunications 

products or services, e.g., the WTO 

General Agreement on Trade in Services 

(‘‘GATS’’), including the Agreement on 

Basic Telecommunications Services, the 

Annex on Telecommunications, and any 

scheduled commitments including the 

Reference Paper on Pro-Competitive 

Regulatory Principles; the WTO 

Agreement on Subsidies and 

Countervailing Measures; the WTO 

Agreement on Trade-Related Aspects of 

Intellectual Property Rights; or the 

plurilateral WTO Agreement on 

Government Procurement. 

(2) Whether Canada or Mexico has 

failed to comply with its 

telecommunications obligations under 

the NAFTA; 

(3) Whether Costa Rica, the 

Dominican Republic, El Salvador, 

Guatemala, Honduras or Nicaragua has 

failed to comply with its 

telecommunications obligations under 

the CAFTA–DR; 

(4) Whether Australia, Bahrain, Chile, 

Colombia, Korea, Morocco, Oman, 

Panama, Peru, or Singapore has failed to 

comply with its telecommunications 

obligations under its FTA with the 

United States (see http://www.ustr.gov/

trade-agreements/free-trade-agreements 

for links to U.S. FTAs); 

(5) Whether any country has failed to 

comply with its obligations under 

telecommunications trade agreements 

with the United States other than FTAs, 

e.g., Mutual Recognition Agreements 

(MRAs) for Conformity Assessment of 

Telecommunications Equipment (see 

http://ts.nist.gov/standards/conformity/

mra/mra.cfm for links to certain U.S. 

telecommunications MRAs); 

(6) Whether any act, policy, or 

practice of a country cited in a previous 

section 1377 review remains unresolved 

(see http://www.ustr.gov/trade-topics/

services-investment/telecomecommerce/section-1377-review for 

recent reviews); and 

(7) Whether any measures or practices 

of a country that is a WTO member or 

for which an FTA or 

telecommunications trade agreement 

has entered into force with respect to 

the United States impede access to its 

telecommunications markets or 

otherwise deny market opportunities to 

telecommunications products and 

services of United States firms. 

Measures or practices of interest 

include, for example, efforts by a foreign 

government or a telecommunications 

service provider to block services 

delivered over the Internet (including, 

but not limited to voice over Internet 

protocol services, social networking, 

and search services); requirements for 

access to or use of networks that limit 

the products or services U.S. suppliers 


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