Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Proposed Rules 77595 

conformance to which cannot be 

ascertained from the submission. 

(2) Such notification shall not 

prejudice the foreign board of trade from 

resubmitting a revised version of the 

contract, which addresses the 

deficiencies or issues identified by the 

Commission. 

(k) Foreign Trading Systems. A 

foreign board of trade, who is a recipient 

of a Foreign Trading System No-Action 

Letter (and is compliant with the 

requirements of such letter) and is 

requesting Commission certification of 

its non-narrow-based security index 

futures contract, may request that such 

contract submitted under paragraph (e) 

of this section be made available for 

trading under that Letter upon 

expiration of the applicable review 

period provided for under either 

paragraph (g) or (h) of this section. 

Absent Commission notification to the 

contrary, the foreign board of trade may 

make that contract available for trading 

on the Foreign Trading System upon 

expiration of the review period 

provided under paragraph (g) or (h) of 

this section. 

(l) Changes in Facts and 

Circumstances. Any certification of a 

non-narrow based security index futures 

contract submitted under paragraph (a) 

or (e) of this section shall be considered 

to be based on the facts and 

representations contained in the foreign 

board of trade’s submissions to the 

Commission. Accordingly, the foreign 

board of trade shall promptly notify the 

Commission of any changes in material 

facts or representations. 

(m) Grandfathered No-Action Letters. 

Any non-narrow-based security index 

futures contract that is the subject of an 

existing no-action letter issued by the 

Office of General Counsel, as of the date 

of the adoption of Rule 30.13, shall be 

deemed to be in conformance with the 

criteria of Section 2(a)(1)(C)(ii) of the 

Act, provided that the contract remains 

fully compliant with the requirements 

of such letter. 

* * * * * 

3. Appendix D to Part 30 is revised to 

read as follows: 

Appendix D to Part 30—Commission 

Certification With Respect to Foreign 

Futures and Options Contracts on a 

Non-Narrow-Based Security Index 

In its analysis of a request for certification 

by a foreign board of trade relating to a 

security index futures contract traded on that 

foreign board of trade pursuant to Regulation 

30.13, the Commission will evaluate the 

contract to ensure that it complies with the 

three criteria of Section 2(a)(1)(C)(ii) of the 

Act. 

(1) Because security index futures contracts 

are cash settled, the Commission also 

evaluates the contract terms and conditions 

relating to cash settlement. In that regard, the 

Commission examines, among other things, 

whether the cash price series is reliable, 

acceptable, publicly available and timely; 

that the cash settlement price is reflective of 

the underlying cash market; and that the cash 

settlement price is not readily susceptible to 

manipulation. In making its determination, 

the Commission considers the design and 

maintenance of the index, the method of 

index calculation, the nature of the 

component security prices used to calculate 

the index, the breadth and frequency of index 

dissemination, and any other relevant factors. 

(2) In considering the susceptibility of an 

index to manipulation, the Commission 

examines several factors, including the 

structure of the primary and secondary 

markets for the component equities, the 

liquidity of the component stocks, the 

method of index calculation, the total 

capitalization of stocks underlying the index, 

the number, weighting and capitalization of 

individual stocks in the index, and the 

existence of surveillance sharing agreements 

between the board of trade and the securities 

exchange(s) on which the underlying 

securities are traded. 

(3) To verify that the index is not narrowbased, the Commission considers the number 

and weighting of the component securities 

and the aggregate value of average daily 

trading volume of the lowest weighted 

quartile of securities. Under the Act, a 

security index is narrow-based if it meets any 

one of the following criteria: 

(i) The index is composed of fewer than 10 

securities; 

(ii) Any single security comprises more 

than 30% of the total index weight; 

(iii) The five largest securities comprise 

more than 60% of the total index weight; or 

(iv) The lowest-weighted securities that 

together account for 25% of the total weight 

of the index have an aggregate dollar value 

of average daily trading volume of less than 

US$30 million (or US$50 million if the index 

includes fewer than 15 securities). 

Issued in Washington, DC, on November 

30, 2010 by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2010–31014 Filed 12–10–10; 8:45 am] 

BILLING CODE 6351–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0798–201048; FRL– 

9237–7] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Georgia: Rome; 

Determination of Attaining Data for the 

1997 Annual Fine Particulate 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine that the Rome, Georgia, fine 

particulate (PM2.5) nonattainment area 

(hereafter referred to as ‘‘the Rome 

Area’’) has attained the 1997 annual 

average PM2.5 National Ambient Air 

Quality Standards (NAAQS). The Rome 

Area is comprised of Floyd County in its 

entirety. This proposed clean data 

determination is based upon complete, 

quality-assured and certified ambient air 

monitoring data for the 2007—2009 

period showing that the Area has 

monitored attainment of the 1997 

annual PM2.5 NAAQS. If EPA finalizes 

this proposed clean data determination, 

the requirements for the Area to submit 

an attainment demonstration and 

associated reasonably available control 

measures (RACM), a reasonable further 

progress (RFP) plan, contingency 

measures, and other planning State 

Implementation Plan (SIP) revisions 

related to attainment of the standard 

shall be suspended so long as the Area 

continues to attain the annual PM2.5

NAAQS. 

DATES: Comments must be received on 

or before January 12, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0798, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9040. 

4. Mail: EPA–R04–OAR–2010–0798, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery: Lynorae Benjamin, 

Chief, Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2010– 

0798. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
77596 Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Proposed Rules 

1 ‘‘1997 annual PM2.5 NAAQS’’ refers to both the 

primary and secondary standards, which are 

identical. 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically at http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Joel 

Huey or Sara Waterson, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Mr. Huey 

may be reached by phone at (404) 562– 

9104. Mr. Huey can also be reached via 

electronic mail at huey.joel@epa.gov. 

Ms. Waterson may be reached by phone 

at (404) 562–9061 or via electronic mail 

at waterson.sara@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

II. What is the background for this action? 

III. Does the Rome area meet the annual PM2.5

NAAQS? 

A. Criteria 

B. Rome Area Air Quality 

IV. What is the effect of this action? 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is proposing to determine that 

the Rome Area (comprised of Floyd 

County) has attaining data for the 1997 

annual PM2.5 NAAQS.1 The proposal is 

based upon complete, quality-assured 

and certified ambient air monitoring 

data for the 2007–2009 monitoring 

period that show that the Area has 

monitored attainment of the 1997 

annual PM2.5 NAAQS. 

II. What is the background for this 

action? 

On July 18, 1997 (62 FR 36852), EPA 

established an annual PM2.5 NAAQS at 

15.0 micrograms per cubic meter (μg/ 

m3) based on a 3-year average of annual 

mean PM2.5 concentrations. At that time, 

EPA also established a 24-hour NAAQS 

of 65 μg/m3. See 40 CFR 50.7. On 

January 5, 2005 (70 FR 944), EPA 

published its air quality designations 

and classifications for the 1997 PM2.5

NAAQS based upon air quality 

monitoring data from those monitors for 

calendar years 2001–2003. These 

designations became effective on April 

5, 2005. The Rome Area was designated 

nonattainment for the 1997 annual 

PM2.5 NAAQS. See 40 CFR 81.311. 

On October 17, 2006 (71 FR 61144), 

EPA retained the 1997 annual PM2.5

NAAQS at 15.0 μg/m3 based on a 3-year 

average of annual mean PM2.5

concentrations, and promulgated a 24- 

hour NAAQS of 35 μg/m3 based on a 3- 

year average of the 98th percentile of 24- 

hour concentrations. On November 13, 

2009, EPA designated the Rome Area as 

attainment for the 2006 24-hour NAAQS 

(74 FR 58688). In that action, EPA also 

clarified the designations for the 

NAAQS promulgated in 1997, stating 

that the Rome Area was designated as 

nonattainment for the annual NAAQS 

but attainment for the 24-hour standard. 

Thus, today’s action does not address 

attainment of either the 1997 or the 

2006 24-hour NAAQS. 

In response to legal challenges of the 

annual standard promulgated in 2006, 

the U.S. Court of Appeals for the District 

of Columbia Circuit (DC Circuit) 

remanded this NAAQS to EPA for 

further consideration. See American 

Farm Bureau Federation and National 

Pork Producers Council, et al. v. EPA, 

559 F.3d 512 (DC Cir. 2009). However, 

given that the 1997 and 2006 annual 

NAAQS are essentially identical, 

attainment of the 1997 annual NAAQS 

would also indicate attainment of the 

remanded 2006 annual NAAQS. 

On April 25, 2007 (72 FR 20664), EPA 

promulgated its PM2.5 implementation 

rule, codified at 40 CFR part 51, subpart 

Z, in which the Agency provided 

guidance for State and Tribal plans to 

implement the 1997 PM2.5 NAAQS. This 

rule, at 40 CFR 51.1004(c), specifies 

some of the regulatory consequences of 

attaining the NAAQS, as discussed 

below. 

III. Does the Rome area meet the 

annual PM2.5 NAAQS? 

A. Criteria 

Today’s rulemaking proposes that the 

Rome Area is attaining the 1997 annual 

PM2.5 NAAQS. The Rome Area is 

comprised of Floyd County in its 

entirety. 

Under EPA regulations at 40 CFR 

50.7, the annual primary and secondary 

PM2.5 NAAQS are met when the annual 

arithmetic mean concentration, as 

determined in accordance with 40 CFR 

part 50, Appendix N, is less than or 

equal to 15.0 μg/m3 at all relevant 

monitoring sites in the subject Area. 

B. Rome Area Air Quality 

EPA has reviewed the ambient air 

monitoring data for the Rome Area in 

accordance with the provisions of 40 

CFR part 50, Appendix N. All data 

considered have been quality-assured, 

certified, and recorded in EPA’s Air 

Quality System database. This review 

addresses air quality data collected in 

the 3-year period from 2007–2009. 

The following table provides the 

annual average concentrations averaged 

over 2007–2009 at the site in the Rome 

Area with at least 75 percent complete 

data in each quarter of each of those 3 

years. Quarters 1 and 2 of 2008 had 

completeness of approximately 73 

percent for site 13–115–0005, which is 

the only particulate matter monitoring 

site in this Area. Data substitution, as 

described in 40 CFR part 50, Appendix 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Proposed Rules 77597 

N, was used to make a complete record. 

In March 2009, 13–115–0005 was 

relocated to site 13–115–0003. The 

design value below is a combined 

monitor record. The 3-year average 

annual concentration for 2007–2009 on 

this table without data substitution is 

13.3 μg/m3 and 14.6 μg/m3 with data 

substitution. 

TABLE 1—ANNUAL AVERAGE CONCENTRATIONS IN THE ROME AREA

County Site No. 

Annual 

average 

concentration 

(μg/m3) 

Without data substitution ...................................................... Floyd ..................................................................... 13–115–0003 13.3 

With data substitution ........................................................... Floyd ..................................................................... 13–115–0003 14.6 

The Rome Area is meeting the 1997 

annual PM2.5 NAAQS both with and 

without data substitution. More 

generally, EPA believes that the Rome 

Area is now meeting the 1997 annual 

PM2.5 NAAQS. 

Since few data are available for 2010, 

the 2007–2009 data represent the most 

recent available data for EPA to use in 

its assessment. On the basis of this 

review, EPA is proposing to determine 

that the Rome Area has attained the 

1997 annual PM2.5 NAAQS. 

EPA is soliciting public comments on 

its proposal to determine that the Rome 

Area has attained the 1997 annual PM2.5

NAAQS. 

IV. What is the effect of this action? 

If this proposed clean data 

determination is made final, the 

requirements for the Rome PM2.5

nonattainment Area to submit an 

attainment demonstration and 

associated RACM, a RFP plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 1997 annual PM2.5 NAAQS would 

be suspended for so long as the Area 

continues to attain the PM2.5 NAAQS. 

See 40 CFR 51.1004(c). Notably, as 

described below, any such 

determination would not be equivalent 

to the redesignation of the Area to 

attainment for the annual PM2.5

NAAQS. 

If this proposed rulemaking is 

finalized and EPA subsequently 

determines, after notice-and-comment 

rulemaking in the Federal Register, that 

the Area has violated the annual PM2.5

NAAQS, the basis for the suspension of 

the specific requirements would no 

longer exist for the Rome nonattainment 

Area, and the Area would thereafter 

have to address the applicable 

requirements. See 40 CFR 51.1004(c). 

Finalizing this proposed action would 

not constitute a redesignation of the 

Area to attainment of the annual PM2.5

NAAQS under section 107(d)(3) of the 

Clean Air Act (CAA or Act). Further, 

finalizing this proposed action does not 

involve approving a maintenance plan 

for the Area as required under section 

175A of the CAA, nor would it find that 

the Area has met all other requirements 

for redesignation. Even if EPA finalizes 

the proposed action, the designation 

status of the Rome Area would remain 

nonattainment for the 1997 annual 

PM2.5 NAAQS until such time as EPA 

determines that the Area meets the CAA 

requirements for redesignation to 

attainment and takes action to 

redesignate the Area. 

This action is only a proposed clean 

data determination that the Rome Area 

has attained the 1997 annual PM2.5

NAAQS. Today’s action does not 

address the 24-hour PM2.5 NAAQS. 

If the Rome Area continues to monitor 

attainment of the annual PM2.5 NAAQS, 

the requirements for the Rome Area to 

submit an attainment demonstration 

and associated RACM, a RFP plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the annual PM2.5 NAAQS will remain 

suspended. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does 

not have Tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the SIP is not approved to apply in 

Indian country located in the State, and 

EPA notes that it will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter, 

Reporting and recordkeeping 

requirements. 

Dated: November 30, 2010. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–31208 Filed 12–10–10; 8:45 am] 

BILLING CODE 6560–50–P 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1