Pipeline Safety: Implementation of the National Registry of Pipeline and Liquefied Natural Gas Operators, 16471-16472 [2012-6860]
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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.
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(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.
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■ 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
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(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
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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).
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■ 4. Section 1.2112 is amended by
revising paragraphs (b)(1)(iii) and
(b)(2)(iii) to read as follows:
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(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;
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(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;
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[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
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Fmt 4700
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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
