5706 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Proposed Rules 

226° radials; to Coyle. From Kennedy, NY; 

Kingston, NY; Albany, NY; Massena, NY. 

* * * * * 

J–55 [Amended] 

From Dolphin, FL; INT Dolphin 331° and 

Gators, FL, 160° radials; INT Gators 160° and 

Craig, FL, 192° radials; Craig; INT Craig 004° 

and Savannah, GA, 193° radials; Savannah; 

Charleston, SC; Florence, SC; INT Florence 

003° and Raleigh-Durham, NC, 224° radials; 

Raleigh-Durham; INT Raleigh-Durham 035° 

and Hopewell, VA, 234° radials; Hopewell; 

INT Hopewell 030° and Nottingham, MD, 

174° radials. From Sea Isle, NJ; INT Sea Isle 

050° and Hampton, NY, 223° radials; 

Hampton; Providence, RI; Boston, MA; 

Kennebunk, ME; Presque Isle, ME. 

* * * * * 

Issued in Washington, DC, on January 26, 

2010. 

Edith V. Parish, 

Manager, Airspace & Rules Group. 

[FR Doc. 2010–2468 Filed 2–3–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Parts 201 and 203 

[Docket No. FR–5075–N–02] 

RIN 2502–AI45 

Federal Housing Administration: 

Insurance for Manufactured Housing: 

Reopening of Public Comment Period 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Proposed rule; reopening of 

public comment period. 

SUMMARY: On September 15, 2008, HUD 

published a proposed rule entitled 

‘‘Federal Housing Administration: 

Insurance for Manufactured Housing.’’ 

The comment period for the proposed 

rule ended on November 14, 2008. This 

notice identifies an additional issue 

related to the rule that has resulted from 

HUD’s implementation of a June 2008 

final rule pertaining to the federal 

manufactured home installation 

program. Accordingly, HUD reopens the 

comment period for the proposed rule to 

present this additional issue for 

consideration in relation to the 

September 2008 proposed rule and to 

solicit public comment only on this 

additional issue. 

DATES: Comment Due Date: March 8, 

2010. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposed rule to the Regulations 

Division, Office of General Counsel, 

Department of Housing and Urban 

Development, 451 7th Street, SW., 

Room 10276, Washington, DC 20410– 

0500. There are two methods for 

submitting public comments. All 

submissions must refer to the above 

docket number and title. 

1. Submission of Comments by Mail. 

Comments may be submitted by mail to 

the Regulations Division, Office of 

General Counsel, Department of 

Housing and Urban Development, 451 

7th Street, SW., Room 10276, 

Washington, DC 20410–0001. 

2. Electronic Submission of 

Comments. Interested persons may 

submit comments electronically through 

the Federal eRulemaking Portal at 

http://www.regulations.gov. HUD 

strongly encourages commenters to 

submit comments electronically. 

Electronic submission of comments 

allows the commenter maximum time to 

prepare and submit a comment, ensures 

timely receipt by HUD, and enables 

HUD to make them immediately 

available. Comments submitted 

electronically through the http:// 

www.regulations.gov Web site can be 

viewed by other commenters and 

interested members of the public. 

Commenters should follow the 

instructions provided on that site to 

submit comments electronically. 

Note: To receive consideration as public 

comments, comments must be submitted 

through one of the two methods specified 

above. Again, all submissions must refer to 

the docket number and title of the rule. 

No Facsimile Comments. Facsimile 

(FAX) comments are not acceptable. 

Public Inspection of Public 

Comments. All properly submitted 

comments and communications 

submitted to HUD will be available for 

public inspection and copying between 

8 a.m. and 5 p.m. weekdays at the above 

address. Due to security measures at the 

HUD Headquarters building, an advance 

appointment to review the public 

comments must be scheduled by calling 

the Regulations Division at 202–708– 

3055 (this is not a toll-free number). 

Individuals with speech or hearing 

impairments may access this number 

via TTY by calling the Federal 

Information Relay Service at 800–877– 

8339. Copies of all comments submitted 

are available for inspection and 

downloading at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Peter Gillispie, Home Valuation Policy 

Division, Office of Housing, Department 

of Housing and Urban Development, 

451 7th Street, SW., Room 9270, 

Washington, DC 20410–8000, telephone 

number 202–708–2121 (this is not a tollfree number). Individuals with speech 

or hearing impairments may access this 

number through TTY by calling the tollfree Federal Information Relay Service 

at 800–877–8339. 

SUPPLEMENTARY INFORMATION: HUD 

published a proposed rule on September 

15, 2008 (73 FR 53346), that would 

amend HUD’s regulations governing 

manufactured homes that are to be the 

security for Federal Housing 

Administration (FHA) Title I-insured 

loans and Title II-insured mortgages. 

The September 15, 2008 rule proposed 

to permit, as eligible for FHA insurance, 

mortgages on manufactured homes to be 

installed in accordance with the Model 

Installation Standards, which were the 

subject of notice and rulemaking that 

resulted in a final rule published on 

October 19, 2007. Current regulations 

provide that manufactured homes that 

are to be the security for FHA Title Iinsured loans must be installed in 

accordance with the manufacturer’s 

requirements or erected on a permanent 

foundation, and manufactured homes 

that are to be the security for Title IIinsured mortgages must be erected on a 

permanent foundation. Acceptance of 

mortgages on manufactured homes 

installed in accordance with the Model 

Installation Standards would provide 

for greater flexibility of design, thereby 

permitting additional options for 

affordable housing. Under the proposal 

presented by the September 15, 2008 

proposed rule, FHA mortgage insurance 

would become available for eligible 

manufactured homes in all states and 

territories, upon promulgation of a final 

rule. 

On June 20, 2008, HUD published a 

final rule entitled ‘‘Manufactured Home 

Installation Program,’’ which established 

a federal manufactured home 

installation program in accordance with 

the National Manufactured Housing 

Construction and Safety Standards Act 

of 1974, as amended by the 

Manufactured Housing Act of 2000. The 

June 20, 2008, final rule governs the 

HUD-administered installation program 

that will operate in a state, unless that 

state certifies that it has its own 

qualifying program and HUD reviews 

the program and accepts it as meeting or 

exceeding the requirements HUD would 

apply in a HUD-administered state. The 

June 20, 2008 final rule also provides for 

HUD’s conditional acceptance, rather 

than full acceptance, of a state program 

that meets some but not all of the 

minimum standards. However, there 

have been some delays in submissions 

of state certifications, in HUD’s review 

and acceptance of state certifications, 

and in implementation of HUD’s 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
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