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

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 fully 

accepted 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 fully 

accepted 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 accepted 

installation 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 fully 

accepted 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; AlbuquerqueBernalillo 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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
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 Projects, and other Federal Agencies. 

Industry and General Public ..................................................... Port Authorities, Marinas and Harbors, Shipyards and Marine Repair Facilities, 

Berth Owners. 

State, local and tribal governments ......................................... Governments owning and/or responsible for ports, harbors, 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. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS