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Citation: 74 Fed. Reg. 63310 2009

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-- The search text of this PDF is generated from uncorrected OCR text.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 onthe 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 haveFederalism implications because itdoes nothave substantial direct effects on the States,

onthe relationship between the national government and the States, or on the distribution ofpower and responsibilities among the various levels ofgovernment, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because itmerely makes a determination based on air quality data and results in the suspension ofcertain Federal requirements, and does not alter the relationship or the distribution ofpower andresponsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 "Protection ofChildren 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 ofsection 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 lawfor EPA, when determining the attainment
status ofan area, to use voluntary

consensus standards in place of promulgated air quality standards and monitoring procedures that otherwise satisfy the provisions ofthe CleanAir Act.

This rule does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act of 1995 (44U.S.C. 3501 etseq.)

Under Executive Order 12898, EPA finds thatthis 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 etseq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides thatbefore a rule may take effect, the agency promulgating the rulemust submita rule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe rule in the FederalRegister. A major rule
cannot take effect until 60 days after it is published in the FederalRegister. This action is not a "major rule" as defined by 5U.S.C. 804(2).

Under section 307(b)(1) of the Clean Air Act, petitions forjudicialreview of this action must be filed in the United States Court ofAppeals for the appropriate circuit by May 19, 2008. Filing a petition for reconsideration by the Administrator ofthis final rule does
not affect the finality ofthisrule for the
purposes ofjudicial review nor does it extend the time within which apetition forjudicial review maybe filed, and shall not postpone the effectiveness of such rule or action. This action maynot be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFRPart52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: November 13, 2009. LauraYoshii, ActingRegionalAdministrator,

Region IX. * Part52 ofchapter I,title 40 ofthe Code ofFederal 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 etseq. Subpart F-California

* 2.Section 52.282 is amendedby adding paragraph (c) to read as follows:
§52.282 Controlstrategyand regulations: Ozone.

(c) Determinationofattainment. 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 theprovisions ofEPA'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) ofthe Clean Air Act for as long asthe area does not monitor any violations ofthe 8-hour ozone standard. Ifaviolation of the 1997 ozone NAAQS is monitored in the Imperial County, California 8-hour

ozone nonattainment area, this determination shall no longer apply.
[FRDoc. E9-28536 Filed 12-2-09; 8:45 am]

BILLING CODE 6560-50-P

DEPARTMENT OF TRANSPORTATION
Pipelineand Hazardous Materials Safety Administration

49 CFR Parts 192 and 195 [Docket IDPHMSA-2007-27954; Amdt. Nos. 192-112 and 195-93]
RIN 2137-AE28
Pipeline Safety: Control Room Management/Human Factors

AGENCY: Pipeline andHazardous Materials Safety Administration (PHMSA); DOT.

ACTION: Final rule.

SUMMARY: PHMSA is amending the Federal pipeline safety regulations to address human factors and other aspects ofcontrol 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 toprevent 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, andvalve 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 tofield personnel, are a principal means of managing pipeline operation.

This rule improves opportunities to reduce risk through more effective control ofpipelines. Itfurther requires