### 5707 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Proposed Rules

program for states in which HUD will administer the installation program. As a result, there are several states in which there is not yet either a state-certified and fully accepted installation program or an operational HUD-administered installation program.

HUD has determined that, in order to protect against undue financial risk, a manufactured home that is installed in accordance with the Model Installation Standards (rather than erected on a permanent foundation) should not be permitted to be the security for FHA Title I-insured loans or Title II-insured mortgages, until there is operating in the state where the manufactured home is located either a state-certified and fullyaccepted installation program or a HUDadministered installation program. (This determination does not affect the eligibility of manufactured homes to be the security for Title I-insured loans if the manufacturer’s installation requirements provide for compliance with the Model Installation Standards and the manufactured home is in fact installed with the Model Installation Standards.) An operational and fully compliant installation program is critical to ensure that a manufactured home that is to be the security for a Title I-insured loan or Title II-insured mortgage is in fact installed in accordance with the Model Installation Standards.

As a result, HUD submits that it would not be appropriate to promulgate a final rule based on the September 15, 2008 proposed rule, which assumed fully compliant installation programs would be operational in all states and territories, that does not take into consideration the implementation issues that have resulted from the June 2008 final rule. HUD submits for consideration and public comment that it would be appropriate for manufactured homes in a state with an operational state-certified and fullyaccepted installation program, or HUDadministered installation program, to be eligible for Title I and Title II insurance, even while review, full acceptance, or implementation of installation programs in other states and territories still is pending.

Accordingly, HUD is soliciting public comment on whether HUD should: (a) Promulgate a final rule based on the September 15, 2008 proposed rule, but that is applicable to a state only at such time that the state has an operational state-certified and fully acceptedinstallation program or a HUDadministered installation program; or (b) delay promulgation of a final rule based on the September 15, 2008 proposed rule until all states and territories have an operational state-certified and fullyaccepted installation program or a HUDadministered installation program.

Dated: January 27, 2010. David H. Stevens, Assistant Secretary for Housing—Federal Housing Commissioner.
[FR Doc. 2010–2367 Filed 2–3–10; 8:45 am]

**BILLING CODE 4210–67–P**

**DEPARTMENT OF LABOR**

**Occupational Safety and Health Administration** 

**29 CFR Part 1910**

**[Docket No. OSH–2008–0034]**

**RIN No. 1218–AC08**

**Revising Standards Referenced in the Acetylene Standard** 

**AGENCY :**  Occupational Safety and Health Administration (OSHA), Labor.

**ACTION :**  Proposed rule; withdrawal.

**SUMMARY :**  With this document, OSHA is withdrawing the proposed rule that accompanied its direct-final rule revising the Acetylene Standard for general industry.

**DATES :**  As of February 4, 2010, the proposed rule published August 11, 2009 (74 FR 40450), is withdrawn.

**FOR FURTHER INFORMATION CONTACT :**  General information and press inquiries: Contact Jennifer Ashley, Director, OSHA Office of Communications, Room N– 3647, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693–1999.

Technical information: Contact Ted Twardowski, Directorate of Standards and Guidance, Room N–3609, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693–2070; fax: (202) 693–1663. Copies of this Federal Register notice: Electronic copies of this Federal Register notice are available at http:// www.regulations.gov. This Federal Register notice, as well as news releases and other relevant information, are also available at OSHA’s Webpage at http://www.osha.gov

. **SUPPLEMENTARY INFORMATION :**  On August 11, 2009, OSHA published a direct-final rule to update the incorporated references in its Acetylene Standard for general industry at 29 CFR 1910.102 (74 FR 40442). OSHA also published a companion proposed rule along with the direct-final rule (74 FR 40450). In the direct-final rule, OSHA stated that it would withdraw the companion proposed rule and confirm the effective date of the direct-final rule if it received no significant adverse comments on the direct final rule by September 10, 2009. OSHA received eight comments on the direct-final rule by that date, which it determined were not significant adverse comments. OSHA subsequently published a notice announcing this determination and confirming the effective date of the direct-final rule as November 9, 2009 (74 FR 57883). Accordingly, OSHA is not proceeding with the proposed rule and is withdrawing it from the rulemaking
process. List of Subjects in 29 CFR Part 1910

Acetylene, General industry, Occupational safety and health, Safety. Authority and Signature

David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210, directed the preparation of this document. OSHA is issuing this document pursuant to Sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, and 657), 5 U.S.C. 553, Secretary of Labor’s Order 5–2007 (72 FR 31160), and 29 CFR part 1911.

Signed at Washington, DC, on January 29,
2010. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010–2313 Filed 2–3–10; 8:45 am]

**BILLING CODE 4510–26–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R06–OAR–2009–0745; FRL–9110–1]**

**Approval and Promulgation of Implementation Plans; Albuquerque**  **Bernalillo County, NM; Excess Emissions** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  The EPA is proposing to approve revisions to the New Mexico State Implementation Plan (SIP) submitted by the Governor of New Mexico on behalf of the Albuquerque Environmental Health Department (AEHD) in a letter dated September 23, 2009 (the September 23, 2009 SIP submittal). The September 23, 2009 SIP submittal concerns revisions to New


### 5708 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Proposed Rules

Mexico Administrative Code Title 20, Chapter 11, Part 49, Excess Emissions (20.11.49 NMAC—Excess Emissions) occurring during startup, shutdown, and malfunction related activities. We are proposing to approve the September 23, 2009 SIP submittal in accordance with the requirements of section 110 of the Clean Air Act.

**DATES :**  Written comments must be received on or before March 8, 2010

. **ADDRESSES :**  Comments may be mailed to Mr. Guy Donaldson, Chief, Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Comments may also be submitted electronically or through hand delivery/ courier by following the detailed instructions in the **ADDRESSES** section of the direct final rule located in the Rules Section of this Federal Register

. **FOR FURTHER INFORMATION CONTACT :**  Mr. Alan Shar, Air Planning Section (6PD– L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733, telephone (214) 665–6691, fax (214) 665–7263, e-mail address shar.alan@epa.gov

. **SUPPLEMENTARY INFORMATION :**  In the final Rules Section of this Federal Register , EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

For additional information, see the direct final rule, which is located in the Rules Section of this Federal Register

.

Dated: January 25, 2010. Al Armendariz, Regional Administrator, Region 6.
[FR Doc. 2010–2394 Filed 2–3–10; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 228**

**[EPA–R10–OW–2010–0086; FRL–9109–4]**

**Ocean Dumping; Designation of Ocean Dredged Material Disposal Sites**  **Offshore of the Siuslaw River, OR**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  EPA is proposing to designate two new ocean dredged material disposal sites near the mouth of the Siuslaw River, Oregon, pursuant to the Marine Protection, Research and Sanctuaries Act, as amended (MPRSA). The new sites are needed primarily to serve the long-term need for a location to dispose of material dredged from the Siuslaw River navigation channel, and to provide a location for the disposal of dredged material for persons who have received a permit for such disposal. The newly designated sites will be subject to ongoing monitoring and management to ensure continued protection of the marine environment.

**DATES :**  Comments on this proposed rule must be received no later than March 8,
2010.

**ADDRESSES :**  For more information on this proposed rule, Docket ID No. EPA– R10–OW–2010–0086 use one of the following methods:

• http://www.regulations.gov: Follow the on-line instructions for accessing the docket and materials related to this proposed rule.

• E-mail: Winkler.Jessica@epa.gov

.

• Mail: Jessica Winkler, U.S. Environmental Protection Agency, Region 10, Office of Ecosystems, Tribal and Public Affairs (ETPA–088), Environmental Review and Sediment Management Unit, 1200 Sixth Avenue, Suite 900, Seattle, Washington 98101.

Publicly available docket materials are available either electronically at http://www.regulations.gov or in hard copy during normal business hours for the regional library at the U.S. Environmental Protection Agency, Region 10, Library, 10th Floor, 1200 Sixth Avenue, Suite 900, Seattle, Washington 98101. For access to the documents at the Region 10 Library, contact the Region 10 Library Reference Desk at (206) 553–1289, between the hours of 9 a.m. to 12 p.m., and between the hours of 1 p.m. to 4 p.m., Monday through Friday, excluding legal holidays, for an appointment.

**FOR FURTHER INFORMATION CONTACT :**  Jessica Winkler, U.S. Environmental Protection Agency, Region 10, Office of Ecosystems, Tribal and Public Affairs (ETPA–083), Environmental Review and Sediment Management Unit, 1200 Sixth Avenue, Suite 900, Seattle, Washington 98101, phone number: (206) 553–7369, e-mail: winkler.jessica@epa.gov.

**SUPPLEMENTARY INFORMATION :**  1. Potentially Affected Persons

Persons potentially affected by this action include those who seek or might seek permits or approval by EPA to dispose of dredged material into ocean waters pursuant to the Marine Protection, Research, and Sanctuaries Act, as amended (MPRSA), 33 U.S.C. 1401 to 1445. EPA’s proposed action would be relevant to persons, including organizations and government bodies seeking to dispose of dredged material in ocean waters offshore of the Siuslaw River, Oregon. Currently, the U.S. Army Corps of Engineers (Corps) would be most affected by this action. Potentially affected categories and persons include:

Category Examples of potentially regulated persons

Federal Government ................................................................ U.S. Army Corps of Engineers Civil Works Proj ects, and other Federal Agencies. Industry and General Public ..................................................... Port Authorities, Marinas and Harbors, Shipyard s and Marine Repair Facilities, Berth Owners. State, local and tribal governments ......................................... Governments owning and/or responsible for ports, ha rbors, and/or berths, Government agencies requiring disposal of dredged material associated with public works projects.

This table is not intended to be exhaustive, but rather provides a guide for readers regarding persons likely to be affected by this action. For any questions regarding the applicability of this action to a particular person, please refer to the contact person listed in the preceding **FOR FURTHER INFORMATION**
**CONTACT** section.