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Citation: 74 Fed. Reg. 63310 2009 

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63310 Federal Register/Vol. 74, No. 231/Thursday, December 3, 2009/Rules and Regulations

Indian tribes, on the relationship

between the Federal Government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian tribes,

as specified by Executive Order 13175

(59 FR 22951, November 9, 2000). This

action also does not have Federalism

implications because it does not have

substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999), because it merely

makes a determination based on air

quality data and results in the

suspension of certain Federal

requirements, and does not alter the

relationship or the distribution of power

and responsibilities established in the

Clean Air Act. This rule also is not

subject to Executive Order 13045

"Protection of Children from

Environmental Health Risks and Safety

Risks" (62 FR 19885, April 23, 1997),

because it determines that air quality in

the affected area is meeting Federal

standards.

The requirements of section 12(d) of

the National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply because it would

be inconsistent with applicable law for

EPA, when determining the attainment

status of an area, to use voluntary

consensus standards in place of

promulgated air quality standards and

monitoring procedures that otherwise

satisfy the provisions of the Clean Air

Act.

This rule does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.)

Under Executive Order 12898, EPA

finds that this rule involves a

determination of attainment based on

air quality data and will not have

disproportionately high and adverse

human health or environmental effects

on any communities in the area,

including minority and low-income

communities.

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a "major rule" as

defined by 5 U.S.C. 804(2).

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by May 19, 2008.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

30 7(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Dated: November 13, 2009.

Laura Yoshii,

Acting Regional Administrator,

Region IX.

* Part 52 of chapter I, title 40 of the

Code of Federal Regulations is amended

as follows:

PART 52-[AMENDED]

m 1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart F-California

* 2. Section 52.282 is amended by

adding paragraph (c) to read as follows:

§52.282 Control strategy and regulations:

Ozone.

(c) Determination of attainment.

Effective January 4, 2010, EPA is

determining that the Imperial County,

California 8-hour ozone nonattainment

area has attained the 1997 8-hour ozone

standard. Under the provisions of EPA's

ozone implementation rule (see 40 CFR

51.918), this determination suspends

the reasonable further progress and

attainment demonstration requirements

of section 182(b)(1) and related

requirements of section 172(c)(9) of the

Clean Air Act for as long as the area

does not monitor any violations of the

8-hour ozone standard. If a violation of

the 1997 ozone NAAQS is monitored in

the Imperial County, California 8-hour

ozone nonattainment area, this

determination shall no longer apply.

[FR Doc. E9-28536 Filed 12-2-09; 8:45 am]

BILLING CODE 6560-50-P

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials

Safety Administration

49 CFR Parts 192 and 195

[Docket ID PHMSA-2007-27954; Amdt. Nos.

192-112 and 195-93]

RIN 2137-AE28

Pipeline Safety: Control Room

Management/Human Factors

AGENCY: Pipeline and Hazardous

Materials Safety Administration

(PHMSA); DOT.

ACTION: Final rule.

SUMMARY: PHMSA is amending the

Federal pipeline safety regulations to

address human factors and other aspects

of control room management for

pipelines where controllers use

supervisory control and data acquisition

(SCADA) systems. Under the final rule,

affected pipeline operators must define

the roles and responsibilities of

controllers and provide controllers with

the necessary information, training, and

processes to fulfill these

responsibilities. Operators must also

implement methods to prevent

controller fatigue. The final rule further

requires operators to manage SCADA

alarms, assure control room

considerations are taken into account

when changing pipeline equipment or

configurations, and review reportable

incidents or accidents to determine

whether control room actions

contributed to the event.

Hazardous liquid and gas pipelines

are often monitored in a control room by

controllers using computer-based

equipment, such as a SCADA system,

that records and displays operational

information about the pipeline system,

such as pressures, flow rates, and valve

positions. Some SCADA systems are

used by controllers to operate pipeline

equipment, while, in other cases,

controllers may dispatch other

personnel to operate equipment in the

field. These monitoring and control

actions, whether via SCADA system

commands or direction to field

personnel, are a principal means of

managing pipeline operation.

This rule improves opportunities to

reduce risk through more effective

control of pipelines. It further requires