Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Proposed Rules 52691 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This rule affects only multifamily 

Section 8 owners. There are very few 

multifamily Section 8 owners that are 

small entities. Therefore, this rule 

would not affect a substantial number of 

small entities within the meaning of the 

RFA. 

Accordingly, the undersigned certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Notwithstanding HUD’s determination 

that this rule will not have a significant 

effect on a substantial number of small 

entities, HUD specifically invites 

comments regarding any less 

burdensome alternatives to this rule that 

will meet HUD’s objectives as described 

in the preamble to this rule. 

Executive Order 13132, Federalism 

Executive Order 13132 (entitled 

‘‘Federalism’’) prohibits an agency from 

publishing any rule that has federalism 

implications if the rule either imposes 

substantial direct compliance costs on 

state and local governments and is not 

required by statute, or the rule preempts 

state law, unless the agency meets the 

consultation and funding requirements 

of section 6 of the Executive Order. This 

proposed rule does not have federalism 

implications and does not impose 

substantial direct compliance costs on 

state and local governments or preempt 

state law within the meaning of the 

Executive Order. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531– 

1538) (UMRA) establishes requirements 

for Federal agencies to assess the effects 

of their regulatory actions on state, 

local, and tribal governments, and on 

the private sector. This proposed rule 

does not impose any Federal mandates 

on any State, local, or tribal government, 

or on the private sector, within the 

meaning of UMRA. 

List of Subjects in 24 CFR Part 401 

Grant programs—Housing and 

community development, Housing, 

Housing assistance payments, Housing 

standards, Insured loans, Loan 

programs—Housing and community 

development, Low and moderate 

income housing, Mortgage insurance, 

Mortgages, Rent subsidies, Reporting 

and recordkeeping requirements. 

The Catalogue of Federal Domestic 

Assistance number for the programs 

affected by this rule is 14.871. 

Accordingly, for the reasons stated in 

the preamble, HUD proposes to amend 

24 CFR part 401 as follows: 

PART 401—MULTIFAMILY HOUSING 

MORTGAGE AND HOUSING 

ASSISTANCE RESTRUCTURING 

PROGRAM (MARK-TO-MARKET) 

1. The authority citation for part 401 

continues to read as follows: 

Authority: 12 U.S.C. 1715z–1 and 1735f– 

19(b); 42 U.S.C. 1437f(c)(8), 1437f(t), 1437f 

note, and 3535(d). 

Subpart A—General Provisions; 

Eligibility 

2. Revise § 401.100 to read as follows: 

§ 401.100 Which projects are eligible for a 

restructuring plan under this part? 

(a) What are the requirements for 

eligibility? To be eligible for a 

Restructuring Plan under this part, a 

project must: 

(1) Have a mortgage insured or held 

by HUD; 

(2) Be covered in whole or in part by 

a contract for project-based assistance 

under— 

(i) The new construction or 

substantial rehabilitation program under 

section 8(b)(2) of the U.S. Housing Act 

of 1937 as in effect before October 1, 

1983; 

(ii) The property disposition program 

under section 8(b) of the U.S. Housing 

Act of 1937; 

(iii) The moderate rehabilitation 

program under section 8(e)(2) of the 

United States Housing Act of 1937; 

(iv) The loan management assistance 

program under section 8 of the United 

States Housing Act of 1937; 

(v) Section 23 of the United States 

Housing Act of 1937 as in effect before 

January 1, 1975; 

(vi) The rent supplement program 

under section 101 of the Housing and 

Urban Development Act of 1965; 

(vii) Section 8 of the United States 

Housing Act of 1937, following 

conversion from assistance under 

Section 101 of the Housing and Urban 

Development Act of 1965; or 

(viii) Section 8 of the U.S. Housing 

Act of 1937 as renewed under section 

524 of MAHRA; 

(3) Have current gross potential rent 

for the project-based assisted units that 

exceeds the gross potential rent for the 

project-based assisted units using 

comparable market rents; 

(4) Have a first mortgage that has not 

previously been restructured under this 

part or under HUD’s Portfolio 

Reengineering demonstration authority 

as defined in § 402.2(c) of this chapter; 

(5) Not be a project that is described 

in section 514(h) of MAHRA; and 

(6) Otherwise meet the definition of 

‘‘eligible multifamily housing project’’ in 

section 512(2) of MAHRA or meet the 

following three criteria: 

(i) The project is assisted pursuant to 

a contract for Section 8 assistance 

renewed under section 524 of MAHRA; 

(ii) It has an owner that consents for 

the project to be treated as eligible; and 

(iii) At the time of its initial renewal 

under section 524, it met the 

requirements of section 512(2)(A), (B), 

and (C) of MAHRA. 

(b) When is eligibility determined? 

Eligibility for a Restructuring Plan 

under paragraph (a) of this section is 

determined by the status of a project on 

the earlier of the termination or 

expiration date of the project-based 

assistance contract, which includes a 

contract renewed under section 524 of 

MAHRA, or the date of the owner’s 

request to HUD for a Restructuring Plan. 

Eligibility is not affected by a 

subsequent change in status, such as 

contract extension under § 401.600 or 

part 402 of this chapter. 

Dated: July 15, 2010. 

David H. Stevens, 

Assistant Secretary for Housing—Federal 

Housing Commissioner. 

[FR Doc. 2010–21322 Filed 8–26–10; 8:45 am] 

BILLING CODE 4210–67–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 2 

[EPA–HQ–OAR–2009–0924; FRL–9193–7] 

RIN 2060–AQ04 

Supplemental Proposal to the 

Proposed Confidentiality 

Determinations for Data Required 

Under the Mandatory Greenhouse Gas 

Reporting Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Extension of public comment 

period. 

SUMMARY: On July 27, 2010, EPA 

published a Supplemental Proposal that 

proposed confidentiality determinations 

for certain data elements contained in 

proposed revisions to the Mandatory 

Greenhouse Gas Reporting Rule. In this 

action, EPA is extending the comment 

period for the Supplemental Proposal 

until September 7, 2010. 

DATES: Comments. This document 

extends the comment period for the 

Supplemental Proposal to the Proposed 

Confidentiality Determinations for Data 

Required under the Mandatory 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

52692 Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Proposed Rules 

Greenhouse Gas Reporting Rule (75 FR 

43889). Comments must be received on 

or before September 7, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2009–0924, by one of the 

following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

E-mail: GHGReportingCBI@epa.gov. 

Fax: (202) 566–1741. 

Mail: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Mailcode 6102T, Attention Docket ID 

No. EPA–HQ–OAR–2009–0924, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. 

Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC 20004. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2009– 

0924. 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:// 

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 information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. 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. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, EPA West, 

Room B102, 1301 Constitution Ave., 

NW., Washington, DC. This Docket 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Air Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Carole Cook, Climate Change Division, 

Office of Atmospheric Programs (MC– 

6207J), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: 

(202) 343–2342; e-mail address: 

GHGMRR@epa.gov. For technical 

information, contact the Greenhouse 

Gas Reporting Rule Hotline at: http:// 

www.epa.gov/climatechange/emissions/ 

ghgrule_contactus.htm. Alternatively, 

contact Carole Cook at 202–343–9263. 

SUPPLEMENTARY INFORMATION: Additional 

Information on Submitting Comments: 

To expedite review of your comments 

by Agency staff, you are encouraged to 

send a separate copy of your comments, 

in addition to the copy you submit to 

the official docket, to Carole Cook, U.S. 

EPA, Office of Atmospheric Programs, 

Climate Change Division, Mail Code 

6207–J, Washington, DC, 20460, 

telephone (202) 343–9263, e-mail 

GHGReportingCBI@epa.gov. 

Background on Today’s Action: In 

this action, EPA is extending the public 

comment period on the July 27, 2010 

Supplemental Proposal to the Proposed 

Confidentiality Determinations for Data 

Required Under the Mandatory 

Greenhouse Gas Reporting Rule 

(‘‘Supplemental CBI Proposal,’’ 75 FR 

43889). EPA is extending the comment 

period for the Supplemental CBI 

Proposal to September 7, 2010. 

On July 7, 2010, EPA published the 

Proposed Confidentiality 

Determinations for Data Required Under 

the Mandatory Greenhouse Gas 

Reporting Rule and Proposed 

Amendment to Special Rules Governing 

Certain Information Obtained Under the 

Clean Air Act (‘‘CBI Proposal,’’ 75 FR 

39094). The comment period for the CBI 

Proposal ends on September 7, 2010. 

On July 27, 2010, EPA published the 

Supplemental CBI Proposal; the 

comment period for the Supplemental 

CBI Proposal would have ended on 

August 26, 2010. 

EPA received comments requesting an 

extension of the public comment period 

for the Supplemental CBI Proposal to 

September 7, 2010. Commenters noted 

that the CBI Proposal and the 

Supplemental CBI Proposal both 

concern the confidentiality of data 

collected under the Greenhouse Gas 

Reporting Program. Commenters also 

noted how comments on the two 

proposals might be easily consolidated 

into one document. Therefore, to 

facilitate submission of public 

comments, EPA is extending the 

comment period for the Supplemental 

CBI Proposal to September 7, 2010 so 

that the comment period for both 

actions ends on the same day. 

List of Subjects in 40 CFR Part 2 

Environmental protection, 

Administrative practice and procedure, 

Reporting and recordkeeping 

requirements. 

Dated: August 23, 2010. 

Dina Kruger, 

Acting Director, Office of Atmospheric 

Programs. 

[FR Doc. 2010–21385 Filed 8–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2009–0656; FRL–9193–6] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Interstate Transport of Pollution; 

Revisions to Prevention of Significant 

Deterioration Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the State of New 

Mexico for the purpose of addressing 

the ‘‘good neighbor’’ provisions of Clean 

Air Act (CAA) section 110(a)(2)(D)(i) for 

the 1997 8-hour ozone National 

Ambient Air Quality Standards 

(NAAQS or standards) and the 1997 

PM2.5 NAAQS. This SIP revision 

addresses the requirement that the State 

of New Mexico’s SIP have adequate 

provisions to prohibit air emissions 

from adversely affecting another state’s 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS