Federal Register / Vol. 77, No. 55 / Wednesday, March 21, 2012 / Rules and Regulations 16471 

relationship(s) of those entities that are 

its affiliates based solely on paragraph 

(c)(5)(i)(C) of this section if those 

affiliates entered into such material 

relationship(s) before April 25, 2006, 

and are subject to a contractual 

prohibition preventing them from 

contributing to the applicant’s total 

financing. 

* * * * * 

(j) Designated entities must describe 

on their long-form applications how 

they satisfy the requirements for 

eligibility for designated entity status, 

and must list and summarize on their 

long form applications all agreements 

that affect designated entity status such 

as partnership agreements, shareholder 

agreements, management agreements, 

spectrum leasing arrangements, 

spectrum resale (including wholesale) 

arrangements, and all other agreements 

including oral agreements, establishing 

as applicable, de facto or de jure control 

of the entity or the presence or absence 

of attributable material relationships. 

Designated entities also must provide 

the date(s) on which they entered into 

of the agreements listed. In addition, 

designated entities must file with their 

long-form applications a copy of each 

such agreement. In order to enable the 

Commission to audit designated entity 

eligibility on an ongoing basis, 

designated entities that are awarded 

eligibility must, for the term of the 

license, maintain at their facilities or 

with their designated agents the lists, 

summaries, dates and copies of 

agreements required to be identified and 

provided to the Commission pursuant to 

this paragraph and to § 1.2114. 

* * * * * 

■ 3. Section 1.2111 is revised by 

removing paragraph (d)(2)(i) and 

redesignating paragraphs (d)(2)(ii) and 

(iii) as paragraphs (d)(2)(i) and (ii) and 

by revising them to read as follows: 

§ 1.2111 Assignment or transfer of control: 

unjust enrichment. 

* * * * * 

(d) * * * 

(2) Payment schedule. (i) The amount 

of payments made pursuant to 

paragraph (d)(1) of this section will be 

reduced over time as follows: 

(A) A transfer in the first two years of 

the license term will result in a 

forfeiture of 100 percent of the value of 

the bidding credit (or in the case of very 

small businesses transferring to small 

businesses, 100 percent of the difference 

between the bidding credit received by 

the former and the bidding credit for 

which the latter is eligible); 

(B) A transfer in year 3 of the license 

term will result in a forfeiture of 75 

percent of the value of the bidding 

credit; 

(C) A transfer in year 4 of the license 

term will result in a forfeiture of 50 

percent of the value of the bidding 

credit; 

(D) A transfer in year 5 of the license 

term will result in a forfeiture of 25 

percent of the value of the bidding 

credit; and 

(E) For a transfer in year 6 or 

thereafter, there will be no payment. 

(ii) These payments will have to be 

paid to the United States Treasury as a 

condition of approval of the assignment, 

transfer, ownership change or reportable 

eligibility event (see § 1.2114). 

* * * * * 

■ 4. Section 1.2112 is amended by 

revising paragraphs (b)(1)(iii) and 

(b)(2)(iii) to read as follows: 

§ 1.2112 Ownership disclosure 

requirements for applications. 

* * * * * 

(b) * * * 

(1) * * * 

(iii) List and summarize all 

agreements or instruments (with 

appropriate references to specific 

provisions in the text of such 

agreements and instruments) that 

support the applicant’s eligibility as a 

small business under the applicable 

designated entity provisions, including 

the establishment of de facto or de jure 

control or the presence or absence of 

attributable material relationships. Such 

agreements and instruments include 

articles of incorporation and by-laws, 

partnership agreements, shareholder 

agreements, voting or other trust 

agreements, management agreements, 

franchise agreements, spectrum leasing 

arrangements, spectrum resale 

(including wholesale) arrangements, 

and any other relevant agreements 

(including letters of intent), oral or 

written; 

* * * * * 

(2) * * * 

(iii) List and summarize all 

agreements or instruments (with 

appropriate references to specific 

provisions in the text of such 

agreements and instruments) that 

support the applicant’s eligibility as a 

small business under the applicable 

designated entity provisions, including 

the establishment of de facto or de jure 

control or the presence or absence of 

attributable material relationships. Such 

agreements and instruments include 

articles of incorporation and by-laws, 

partnership agreements, shareholder 

agreements, voting or other trust 

agreements, management agreements, 

franchise agreements, spectrum leasing 

arrangements, spectrum resale 

(including wholesale) arrangements, 

and any other relevant agreements 

(including letters of intent), oral or 

written; 

* * * * * 

[FR Doc. 2012–6946 Filed 3–20–12; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 191, 192, 193 and 195 

[Docket No. PHMSA–2012–0001] 

Pipeline Safety: Implementation of the 

National Registry of Pipeline and 

Liquefied Natural Gas Operators 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Issuance of Advisory Bulletin. 

SUMMARY: This notice advises owners 

and operators of pipeline facilities of 

PHMSA’s plan for implementing the 

national registry of pipeline and 

liquefied natural gas operators. This 

notice provides updates to the 

information contained in a PHMSA 

Advisory Bulletin published on January 

13, 2012 (77 FR 2126). 

FOR FURTHER INFORMATION CONTACT: 

Jamerson Pender, Information Resources 

Manager, 202–366–0218 or by email at 

Jamerson.Pender@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 26, 2010, PHMSA 

published a final rule in the Federal 

Register (75 FR 72878) titled: ‘‘Pipeline 

Safety: Updates to Pipeline and 

Liquefied Natural Gas Reporting 

Requirements.’’ That final rule added 

two new sections, 49 CFR 191.22 and 

195.64, to the pipeline safety regulations 

that concerned the establishment of a 

national registry of pipeline and 

liquefied natural gas (LNG) operators. 

New operators use the national registry 

to obtain an Operator Identification 

(OPID) Number and existing operators 

use it to notify PHMSA of certain 

actions, including company name 

changes, certain construction activities, 

and project planning. 

The national pipeline operator 

registry became effective on January 1, 

2012. In compliance with the Paperwork 

Reduction Act requirements, PHMSA 

issued a 60-day Federal Register notice 

on December 13, 2010 (75 FR 77694), 

and a 30-day Federal Register notice on 


erowe on DSK2VPTVN1PROD with RULES
16472 Federal Register / Vol. 77, No. 55 / Wednesday, March 21, 2012 / Rules and Regulations 

November 10, 2011 (76 FR 70217). The 

purpose of these notices was to gather 

and respond to comments on the actual 

forms used to collect information for the 

national pipeline operator registry. 

PHMSA is issuing this advisory 

bulletin to clarify the implementation of 

the national pipeline operator registry. 

II. Advisory Bulletin (ADB–2012–04) 

To: Owners and Operators of Pipeline 

and LNG Facilities. 

Subject: Implementation of the 

National Registry of Pipeline and LNG 

Operators. 

Advisory: This notice advises owners 

and operators of pipeline facilities of 

PHMSA’s plan for implementing the 

national registry of pipeline and LNG 

operators. This notice provides updates 

to the information contained in a 

PHMSA Advisory Bulletin on the same 

subject published on January 13, 2012 

(77 FR 2126). 

OPID Assignment Requests— 

§§ 191.22(a) and 195.64(a) 

From January 1, 2012, to January 27, 

2012, PHMSA collected fillable pdf 

versions of OPID Assignment Request 

(Form F 1000.1). Starting January 27, 

2012, the Online Data Reporting System 

(ODES) is used by entities requesting a 

new OPID. PHMSA is entering the pdf 

versions of OPID Assignment Request 

forms into ODES and will notify 

requestors when the OPID has been 

established. 

While subject to the pipeline safety 

regulations, operators of master meter 

systems or petroleum gas systems that 

serve fewer than 100 customers from a 

single source are not required to file 

annual reports (see 49 CFR 191.11(b)). 

There were several thousand master 

meter system operators and several 

hundred small liquefied petroleum gas 

(LPG) operators who fell within the 

scope of this exception as of December 

31, 2011. 

While also subject to the requirements 

of 49 CFR 191.22, PHMSA previously 

determined that the operators of these 

systems would not be required to obtain 

an OPID. Instead, PHMSA agreed to 

create OPIDs for these operators based 

on the existing data in the agency’s files. 

That is currently underway and will be 

completed by May 1, 2012. 

In light of this experience, PHMSA 

has decided that master meter and small 

LPG operators established after 

December 31, 2011, will be required to 

obtain an OPID in accordance with 49 

CFR 191.22. On May 1, 2012, PHMSA 

will modify ODES to allow these master 

meter and small LPG operators to 

request an OPID. The requirement to 

request an OPID continues to not apply 

to master meter and small LPG 

operators in existence prior to December 

31, 2011. 

Notifications—§§ 191.22(c) and 

195.64(c) 

On January 1, 2012, PHMSA began 

collecting fillable pdf versions of 

Notifications (Form F 1000.2). Starting 

March 27, 2012, operators will be able 

to submit notifications online through 

ODES, and PHMSA will enter all of the 

pdf versions of the notifications into 

ODES shortly thereafter. 

Hazardous liquid pipeline operators 

are advised to disregard the notification 

requirement in § 195.64(c)(1)(iii). That 

provision requires notification for 

construction of any new pipeline 

facility without regard to cost. Section 

195.64(c)(1)(i) also requires notification 

for construction of a new pipeline 

facility, but only for those projects with 

a cost of $10 million or more. PHMSA 

only wants notification of hazardous 

liquid pipeline facility construction 

projects with a cost of $10 million or 

more and plans to remove 

§ 195.64(c)(1)(iii) in a future rulemaking. 

OPID Validation—§§ 191.22(b) and 

195.64(b) 

On March 27, 2012, operators will be 

able to complete the validation process 

online. PHMSA requests that all OPIDs 

issued prior to January 1, 2012, 

complete the validation process. As 

with OPID Assignment Requests, master 

meter and small LPG operators in 

existence prior to December 31, 2011, 

are not required to complete the 

validation process. Based on the 

delayed availability of the on-line 

validation process, PHMSA is extending 

the regulatory deadline for validation 

from June 30, 2012, to September 30, 

2012. PHMSA recommends that 

operators submit calendar year 2011 

annual reports at least five working days 

prior to completing the validation 

process. 

Further details on how to submit 

reports to PHMSA are available at 

http://opsweb.phmsa.dot.gov. Questions 

should be directed to the Office of 

Pipeline Safety operator helpline at 

202–366–8075. 

Issued in Washington, DC, on March 9, 

2012. 

Jeffrey D. Wiese, 

Associate Administrator for Pipeline Safety. 

[FR Doc. 2012–6860 Filed 3–20–12; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 110707371–2136–02] 

RIN 0648–BB28 

Fisheries of the Northeastern United 

States; Atlantic Mackerel, Squid, and 

Butterfish Fisheries; Specifications 

and Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; interim 

specifications; request for comment. 

SUMMARY: NMFS is implementing final 

2012 specifications and management 

measures for Atlantic mackerel 

(mackerel), and 2012–2014 

specifications for Illex and longfin 

squid, and interim final 2012 

specifications and management 

measures for butterfish. This is the first 

year that the specifications are being set 

for Atlantic mackerel and butterfish 

under the provisions of the Mid-Atlantic 

Fishery Management Council’s 

(Council) Annual Catch Limit and 

Accountability Measure Omnibus 

Amendment. This action also adjusts 

the closure threshold for the commercial 

mackerel fishery to 95 percent (from 90 

percent), and allows the use of jigging 

gear to target longfin squid if the longfin 

squid fishery is closed due to the 

butterfish mortality cap. Finally, this 

rule makes minor corrections in existing 

regulatory text to clarify the intent of the 

regulations. These specifications and 

management measures promote the 

utilization and conservation of the 

Atlantic Mackerel, Squid, and Butterfish 

(MSB) resource. 

DATES: This rule is effective on April 20, 

2012. Public comments on the interim 

final butterfish specifications must be 

received no later than 5 p.m., eastern 

standard time, on April 20, 2012. 

ADDRESSES: You may submit comments 

on the butterfish specifications, 

identified by NOAA–NMFS–2011–0245, 

by any one of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal http:// 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

first click the ‘‘submit a comment’’ icon, 

then enter NMFS–NOAA–2011–0245 in 

the keyword search. Locate the 

document you wish to comment on 

from the resulting list and click on the 


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