5888 Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Rules and Regulations 

& Co., Lilly Corporate Center, 

Indianapolis, IN 46285, filed NADA 

141–301 for use of TOPMAX 

(ractopamine hydrochloride) and 

COBAN (monensin, USP) singleingredient Type A medicated articles to 

formulate two-way combination Type C 

medicated feeds for finishing hen and 

tom turkeys. The NADA is approved as 

of December 11, 2009, and the 

regulations in 21 CFR 558.500 are 

amended to reflect the approval. 

In accordance with the freedom of 

information provisions of 21 CFR part 

20 and 21 CFR 514.11(e)(2)(ii), a 

summary of safety and effectiveness 

data and information submitted to 

support approval of this application 

may be seen in the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852, between 9 

a.m. and 4 p.m., Monday through 

Friday. 

The agency has determined under 21 

CFR 25.33 that this action is of a type 

that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’ 

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects in 21 CFR Part 558 

Animal drugs, Animal feeds. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under the 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR part 558 is amended as follows: 

PART 558—NEW ANIMAL DRUGS FOR 

USE IN ANIMAL FEEDS 

■ 1. The authority citation for 21 CFR 

part 558 continues to read as follows: 

Authority: 21 U.S.C. 360b, 371. 

■ 2. In § 558.500, add paragraphs 

(e)(3)(iii) and (e)(3)(iv) to read as 

follows: 

§ 558.500 Ractopamine. 

* * * * * 

(e) * * * 

(3) * * * 

Ractopamine in 

grams/ton 

Combination in 

grams/ton Indications for use Limitations Sponsor 

* * * * * * * 

(iii) 4.6 to 11.8 (5 to 13 

ppm) 

Monensin 54 to 90 Finishing hen turkeys: As in paragraph (e)(3)(i) of this section; and 

for the prevention of coccidiosis in 

growing turkeys caused by Eimeria 

adenoeides, E. meleagrimitis and 

E. gallopavonis. 

Feed continuously as sole ration during the last 7 to 14 days prior to 

slaughter. See § 558.355(d). 

000986 

(iv) 4.6 to 11.8 (5 to 13 

ppm) 

Monensin 54 to 90 Finishing tom turkeys: As in paragraph (e)(3)(ii) of this section; and 

for the prevention of coccidiosis in 

growing turkeys caused by Eimeria 

adenoeides, E. meleagrimitis and 

E. gallopavonis. 

Feed continuously as sole ration during the last 14 days prior to slaughter. Feeding ractopamine to tom 

turkeys during periods of excessive 

heat can result in increased mortality. See § 558.355(d). 

000986 

Dated: February 1, 2010. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. 2010–2427 Filed 2–4–10; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Parts 3280 and 3282 

[Docket No. FR–5343–IN–01] 

RIN 2502–AI77 

Federal Manufactured Home 

Construction and Safety Standards 

and Other Orders: HUD Statements 

That Are Subject to Consensus 

Committee Processes 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Interpretive rule. 

SUMMARY: The National Manufactured 

Housing Construction and Safety 

Standards Act of 1974 provides that 

certain classes of statements by HUD 

relating to manufactured housing 

requirements are subject to proposal, 

review, and comment processes 

involving a consensus committee. The 

consensus committee includes 

representatives of manufactured 

housing producers and users, as well as 

general interest and public officials. 

This rule interprets the statutory 

requirement to clarify the types of 

statements that are subject to the 

proposal, review, and comment 

processes. 

DATES: Effective Date: February 5, 2010. 

FOR FURTHER INFORMATION CONTACT: 

William W. Matchneer III, Associate 

Deputy Assistant Secretary for 

Regulatory Affairs and Manufactured 

Housing, Office of Manufactured 

Housing Programs, Department of 

Housing and Urban Development, 451 

Seventh Street, SW., Room 9164, 

Washington, DC 20410; telephone 

number 202–708–6401 (this is not a tollfree number). Persons with hearing or 

speech impairments may access this 

number via TTY by calling the toll-free 

Federal Information Relay Service at 

1–800–877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The National Manufactured Housing 

Construction and Safety Standards Act 

of 1974 (42 U.S.C. 5401–5426) (‘‘the 

Act’’), as amended by the Manufactured 

Housing Improvement Act of 2000 (Title 

VI, Pub. L. 106–659), provides for the 

establishment and revision of Federal 

construction and safety standards for 

manufactured housing, as well as for 

procedural and enforcement regulations 

and interpretive bulletins related to 

implementation of these standards. 

Section 604(a) of the Act provides, 

among other things, the process for the 

development, proposal, and issuance of 

revisions of Federal construction and 

safety standards, which govern the 

construction, design, and performance 

of a manufactured home. Section 604(a) 

establishes a consensus committee, 

which is comprised of representatives of 

manufactured housing producers and 

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Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Rules and Regulations 5889 

users, as well as general interest and 

public officials. Section 604(a)(3)(A) 

provides that the consensus committee 

shall: 

(i) Provide periodic recommendations 

to the Secretary to adopt, revise, and 

interpret the Federal manufactured 

housing construction and safety 

standards in accordance with this 

subsection; 

(ii) Provide periodic 

recommendations to the Secretary to 

adopt, revise, and interpret the 

procedural and enforcement regulations, 

including regulations specifying the 

permissible scope and conduct of 

monitoring in accordance with 

subsection (b) of this section; 

(iii) Be organized and carry out its 

business in a manner that guarantees a 

fair opportunity for the expression and 

consideration of various positions and 

for public participation; and 

(iv) Be deemed to be an advisory 

committee not composed of Federal 

employees. HUD has by regulation 

expanded the role of the consensus 

committee beyond that required under 

the Act. Although the Act provided that 

the consensus committee was to 

develop the original proposed model 

installation standards for manufactured 

housing, HUD has provided in 24 CFR 

3285.1(c) that whenever HUD proposes 

to revise the model installation 

standards, it will also seek input and 

comment from the consensus 

committee. Similarly, HUD has 

provided in 24 CFR 3288.305 that it will 

seek input from the consensus 

committee whenever it proposes to 

revise the manufactured housing 

dispute resolution regulations. 

In accordance with section 604(a) of 

the Act, the consensus committee may 

submit to HUD proposals to revise the 

Federal construction and safety 

standards, and HUD may either publish 

recommended standards for notice and 

public comment, or publish a standard 

along with its reasons for rejecting the 

standard. Upon consideration of any 

public comments, the consensus 

committee must provide HUD with any 

proposed revised standards, which HUD 

must in turn publish with either a 

description of the circumstances under 

which the proposed revised standard 

could become effective or, alternatively, 

HUD’s reasons for rejecting the 

proposed revised standard. HUD must 

then adopt, modify, or reject any 

proposed standards through procedures 

and within the time frames specified in 

subsection 604(a). 

Section 604(b) of the Act provides, 

among other things, the process for 

issuance of ‘‘other orders,’’ which 

consist of procedural and enforcement 

regulations and interpretive bulletins. 

Interpretive bulletins clarify the 

meaning of Federal manufactured home 

construction and safety standards, 

procedural regulations, and enforcement 

regulations. Before HUD issues a 

procedural regulation, enforcement 

regulation, or interpretive bulletin, it 

must submit its proposed regulation or 

interpretive bulletin to the consensus 

committee for review and comment. 

HUD may accept or reject any consensus 

committee comments, but upon doing 

so, it must publish for public notice and 

comment the proposed regulation or 

interpretive bulletin, along with the 

consensus committee’s comments and 

HUD’s responses to the consensus 

committee’s comments. The consensus 

committee may also submit its own 

proposed procedural regulations, 

enforcement regulations, and 

interpretive bulletins to HUD. Upon 

receiving such a proposal from the 

consensus committee, HUD must either 

approve the proposal and publish it for 

public notice and comment, or reject the 

proposal and publish it along with its 

reasons for the rejection and any 

recommended modifications. 

Section 604(b)(6) of the Act is entitled 

‘‘Changes’’ and reads in its entirety as 

follows: 

Any statement of policies, practices, or 

procedures relating to construction and 

safety standards, regulations, inspections, 

monitoring, or other enforcement activities 

that constitutes a statement of general or 

particular applicability to implement, 

interpret, or prescribe law or policy by the 

Secretary is subject to [section 604(a)] or this 

[section 604(b)]. Any change adopted in 

violation of [section 604(a)] or this [section 

604(b)] is void. 

Some questions have arisen within 

the consensus committee over what 

statements by HUD fall within the scope 

of section 604(b)(6). For example, some 

have asserted that the consensus 

committee has broad jurisdiction and 

authority over all aspects of HUD’s 

manufactured housing program, such 

that HUD’s internal budgets, contract 

decisions, and determinations whether 

to take enforcement action must be 

made or approved in advance by the 

consensus committee. HUD is 

concerned that such assertions may lead 

to confusion among members of the 

public, which is routinely invited to 

attend consensus committee meetings, 

with regard to the consensus 

committee’s role. Accordingly, HUD is 

issuing this interpretive rule to clarify 

the scope of section 604(b)(6)’s 

coverage. 

II. This Interpretive Rule 

This rule interprets the scope of 

section 604(b)(6) to clarify the types of 

statements by HUD to which the section 

applies. HUD notes that in specifying 

which statements ‘‘relating to 

construction and safety standards, 

regulations, inspections, monitoring, or 

other enforcement activities’’ are subject 

to section 604(a) or (b), section 604(b)(6) 

uses language that is nearly identical to 

that found in the Administrative 

Procedure Act’s (5 U.S.C. 551 et seq.) 

(the APA) definition of a ‘‘rule.’’ The 

APA definition states, in pertinent part: 

‘‘Rule’’ means the whole or a part of an 

agency statement of general or particular 

applicability and future effect designed to 

implement, interpret, or prescribe law or 

policy or describing the organization, 

procedure, or practice requirements of an 

agency.’’ (5 U.S.C. 551(4)) 

Over the 63 years since enactment of 

the APA, courts have developed 

extensive case law interpreting the 

APA’s definition of a rule. (See, e.g., 

Jeffery S. Lubbers, A Guide to Federal 

Agency Rulemaking, 4th ed., (2006), pp. 

49–126.) HUD will not attempt to 

summarize this case law in this 

interpretive rule, but views section 

604(b)(6) as demonstrating Congress’s 

intent to incorporate the APA’s 

definition of a rule as developed by the 

courts, except to the extent that section 

604(b)(6) deviates substantively from 

the APA definition. HUD notes that the 

only substantive difference between the 

scope of section 604(b)(6) and the APA’s 

definition of a rule is that section 

604(b)(6) excludes from coverage 

statements describing agency 

organization. Although section 604(b)(6) 

does not repeat the APA definition’s 

express provision that the statement be 

one ‘‘of future effect,’’ HUD does not 

interpret this difference as a substantive 

one, since virtually any statement that 

‘‘implements, interprets, or prescribes 

law or policy’’ is necessarily a statement 

of future effect. Finally, the scope of 

section 604(b)(6) is limited by its own 

terms to statements relating to 

manufactured housing ‘‘construction 

and safety standards, regulations, 

inspections, monitoring, or other 

enforcement activities’’ that amount to a 

‘‘change.’’ Statements relating to other 

matters, including interpretation of 

other matters covered by the Act, 

statements that merely summarize or 

repeat the substance of prior statements 

or practices, and statements that merely 

provide guidance, are beyond the scope 

of section 604(b)(6). 

Accordingly, HUD interprets the 

scope of section 604(b)(6) to include 

only statements by HUD that: 

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5890 Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Rules and Regulations 

(1) Relate to manufactured housing 

construction and safety standards, 

regulations, inspections, monitoring, or 

other enforcement activities; 

(2) Meet the definition of a ‘‘rule’’ 

under the APA and applicable case law, 

except that statements describing 

agency organization are not included; 

and 

(3) Constitute a change from prior 

HUD statements or practice on the same 

subject matter. 

III. Findings and Certifications 

Environmental Impact 

This final rule does not direct, 

provide for assistance or loan and 

mortgage insurance for, or otherwise 

govern or regulate real property 

acquisition, disposition, leasing, 

rehabilitation, alteration, demolition, or 

new construction; or establish, revise, or 

provide for standards for construction or 

construction materials, manufactured 

housing, or occupancy. Accordingly, 

under 24 CFR 50.19(c)(1), this rule is 

categorically excluded from 

environmental review under the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321). 

List of Subjects 

24 CFR Part 3280 

Fire prevention, Housing standards. 

24 CFR Part 3282 

Administrative practice and 

procedure, Consumer protection, 

Intergovernmental relations, 

Investigations, Manufactured homes, 

Reporting and recordkeeping 

requirements. 

Dated: January 27, 2010. 

David H. Stevens, 

Assistant Secretary for Housing—Federal 

Housing Commissioner. 

[FR Doc. 2010–2571 Filed 2–4–10; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–8115] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the NFIP, 

42 U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59. Accordingly, the communities will 

be suspended on the effective date in 

the third column. As of that date, flood 

insurance will no longer be available in 

the community. However, some of these 

communities may adopt and submit the 

required documentation of legally 

enforceable floodplain management 

measures after this rule is published but 

prior to the actual suspension date. 

These communities will not be 

suspended and will continue their 

eligibility for the sale of insurance. A 

notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

In addition, FEMA has identified the 

Special Flood Hazard Areas (SFHAs) in 

these communities by publishing a 

Flood Insurance Rate Map (FIRM). The 

date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may legally be provided for 

construction or acquisition of buildings 

in identified SFHAs for communities 

not participating in the NFIP and 

identified for more than a year, on 

FEMA’s initial flood insurance map of 

the community as having flood-prone 

areas (section 202(a) of the Flood 

Disaster Protection Act of 1973, 42 

U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment under 5 U.S.C. 553(b) 

are impracticable and unnecessary 

because communities listed in this final 

rule have been adequately notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits flood insurance coverage 

unless an appropriate public body 

adopts adequate floodplain management 

measures with effective enforcement 

measures. The communities listed no 

longer comply with the statutory 

requirements, and after the effective 

date, flood insurance will no longer be 

available in the communities unless 

remedial action takes place. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

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