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

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


### 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
PM 2.5 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