Pipeline Safety: Implementation of the National Registry of Pipeline and Liquefied Natural Gas Operators, 16471-16472 [2012-6860]

Download as PDF Federal Register / Vol. 77, No. 55 / Wednesday, March 21, 2012 / Rules and Regulations 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. erowe on DSK2VPTVN1PROD with RULES * * * * * (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 VerDate Mar<15>2010 14:17 Mar 20, 2012 Jkt 226001 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: * * * * (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 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 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 Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Issuance of Advisory Bulletin. AGENCY: § 1.2112 Ownership disclosure requirements for applications. * 16471 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: SUMMARY: 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 E:\FR\FM\21MRR1.SGM 21MRR1 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. erowe on DSK2VPTVN1PROD with RULES 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 VerDate Mar<15>2010 14:17 Mar 20, 2012 Jkt 226001 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 https://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 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 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 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; interim specifications; request for comment. AGENCY: 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 https:// 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 SUMMARY: E:\FR\FM\21MRR1.SGM 21MRR1

Agencies

[Federal Register Volume 77, Number 55 (Wednesday, March 21, 2012)]
[Rules and Regulations]
[Pages 16471-16472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6860]


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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

[[Page 16472]]

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--Sec. Sec.  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--Sec. Sec.  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 Sec.  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 Sec.  
195.64(c)(1)(iii) in a future rulemaking.

OPID Validation--Sec. Sec.  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 
https://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