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 


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