[Federal Register Volume 64, Number 73 (Friday, April 16, 1999)]
[Notices]
[Pages 18923-18924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9587]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4444-N-03]


Notice of Proposed Information Collection: Comment Request

AGENCY: Office of the Secretary, HUD.

ACTION: Notice.

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SUMMARY: The proposed information collection requirement described 
below will be submitted to the Office of Management and Budget (OMB) 
for review, as required by the Paperwork Reduction Act. The Department 
is soliciting public comments on the subject proposal.

DATES: Comments date: June 15, 1999.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal. Comments should refer to the proposals by name and/or 
OMB Control Number and should be sent to: Gail N. Ward, Reports Liaison 
Officer, Department of Housing and Urban Development, 451 7th Street, 
SW, Room P3206, Washington, DC 20410.

FOR FURTHER INFORMATION CONTACT: David Levitt, (202) 755-1785 ext. 156.

SUPPLEMENTARY INFORMATION: The Department is submitting the proposed 
information collection to OMB for review, as required by the Paperwork 
Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended).
    This Notice is soliciting comments for members of the public and 
affecting agencies concerning the proposed collection information to: 
(1) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility; (2) 
Evaluate the accuracy of the agency's estimate of the burden of the 
proposed collection of information; (3) Enhance the quality, utility, 
and clarity of the information to be collected; and (4) Minimize the 
burden of the collection of information on those who are to respond; 
including through the use of appropriate automated collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    This Notice also lists the following information:
    Title of the Proposal: Requirements for Notification, Evaluation 
and Reduction of Lead-Based Paint Hazards in Federally Owned Housing 
and Housing Receiving Federal Assistance.
    OMB Control Number: 2539-0009.
    Need for Information and Proposed Use: Sections 1012 and 1013 of 
the Residential Lead-Based Paint Hazard Reduction Act of 1992, which is 
Title X of the Housing and Community Development Act of 1992, require 
amendment of HUD regulations promulgated under the Lead-Based Paint 
Poisoning Prevention Act of 1971. HUD published proposed regulations 
implementing section 1012 and 1013 on June 7, 1996 and is now 
requesting OMB approval of final regulations.
    The final rule retains the following proposed-rule requirements 
that pertain to paperwork burden: provision of a pamphlet on lead 
poisoning prevention to tenants and purchasers, provision of a notice 
to occupants on the results of hazard evaluation and hazard reduction 
actions, and special reporting requirements if there is a child with an 
environmental intervention blood lead level residing in a dwelling unit 
assisted by certain HUD programs. These requirements were approved by 
OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). 
Also approved by OMB was the proposed-rule requirement for owners of 
project-based assisted units to develop and submit a hazard reduction 
plan. That requirement has been eliminated in the final rule. The final 
rule contains one requirement that was not included in the proposed 
rule: the keeping of notices and reports pertaining to evaluation and 
hazard reduction for a minimum of three years.
    HUD has prepared a revised estimate of respondent burden, based on 
the final-rule requirements and data developed for the Regulatory 
Impact Analysis for the final rule, and is requesting approval of this 
revision from OMB.

1. Lead Hazard Information Pamphlet

    As in the proposed rule, the final rule requires that a designated 
party (i.e. residential property owner, housing agency (HA), Federal 
grantee, CILP recipient, tribally designated housing entity (TDHE) or 
participating jurisdiction) distribute the lead hazard information 
pamphlet entitled ``Protect Your Family From Lead in Your Home.'' 
developed by the Environmental Protection Agency (EPA) in cooperation 
with the Consumer Product Safety Commission (CPSC) and the Department 
of Housing and Urban Development (HUD), to all purchasers and occupants 
of pre-1978 housing receiving Federal assistance. This is a statutory 
requirement (Sec. 302(a)(1)(A) of the Lead-Based Paint Poisoning 
Prevention Act). A pamphlet developed by a State government may be used 
if it is approved by EPA under Sec. 406(a) of the Toxic Substances 
Control Act. The provider and recipient of the pamphlet are stipulated 
in the relevant subpart of the rule, based upon the type assistant 
provided. Existing HUD lead-based paint regulations have long required 
notification of tenants and purchasers regarding the possibility that 
housing built before 1978 may contain lead-based paint hazards. The 
main difference between the existing and new requirement is that the 
EPA pamphlet must now be used instead of a HUD brochure. The rule does 
not require that the pamphlet be provided if one has already been 
provided in compliance with the lead-based paint disclosure rule (at 24 
CFR part 35), subpart H), issued jointly by HUD and EPA in 1996.

2. Notice of Evaluation, Hazard Reduction, and Clearance Activities

    As in the proposed rule, the final rule requires the provision of 
notice to occupants of pre-1978 housing receiving Federal assistance 
describing the nature and scope of any evaluation or hazard reduction 
activities undertaken, including available information on the location 
of any remaining lead-based paint on a surface-by-surface basis. This 
is a statutory requirement (Sec. 302(a)(1)(F) of the Led-Based Paint 
Poisoning Prevention Act). As in the proposed rule, HUD is requiring 
that there be separate notices for evaluation and for

[[Page 18924]]

hazard reduction to assure that occupants are informed on a timely 
basis. HUD's existing lead-based paint regulations for public housing 
projects constructed before 1978 require written notice to current 
residents, applicants, and prospective purchasers when units are tested 
for the presence of lead-based paint and found to contain lead greater 
or equal to the HY/D standard. The final rule requirements will result 
in an incremental increase in the cost and hour burdens for the public 
housing programs. For all other HUD programs, the requirements create 
new cost and hour burdens. For multifamily properties, the rule 
provides owners an option of whether to distribute such notices to 
dwelling units or to post them in centrally located places within the 
property. For the estimation of paperwork burden, HUD is assuming that 
25 percent of the multifamily units will receive notices through direct 
distribution but that central posting will be done as well in all 
multifamily properties covered by the rule.

3. Record Keeping

    Designated parties are responsible for keeping a copy of each 
notice, evaluation, clearance, or abatement report for at least three 
years. In addition, designated parties are required to make such 
reports available to HUD, if requested. These new requirements are 
designed to provide a basis for ensuring that Federal funds are 
expended properly.

4. Reporting Child With an Environmental Intervention Blood Lead 
Level

    For Four types of housing assistance programs, HUD has retained the 
proposed-rule requirement that additional evaluation and hazard 
reduction activities be conducted when a child residing in the property 
is identified as having an environmental intervention blood lead level. 
As part of these activities the designated party is required to report 
the name and address of a child with an environmental intervention 
blood lead level to the public health department (State or local health 
department or the Indian Health Service), if the case was originally 
reported to the owner by a source other than the public health 
department. For purposes of burden estimation, HUD assumes that owners 
will learn about one-half of the cases from sources other than a public 
health department. With regard to HUD's tenant-based rental assistance 
programs, this information collection requirement is not new. For the 
other three HUD programs with environmental intervention blood lead 
level requirements the reporting requirement would create new cost and 
hour burdens. Those programs are public housing, project-based rental 
assistance, and HUD-owned multifamily housing.
    Agency Form Number: No HUD forms are required.
    Members of the Affected Public: Households, businesses, not-for-
profit organizations, the Federal government, and State, local and 
tribal governments.
    Total Burden Estimate (first year of the rule):

Number of respondents: 78,215.
Number of responses: 772,271.
Number of response: 219,486.

    Status of the proposed information collection: Revision of a 
currently approved collection.

    Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. 
Chapter 35, as amended.

    Dated: April 12, 1999.
Michael F. Hill,
Senior Advisor, Office of Lead Hazard Control.
[FR Doc. 99-9587 Filed 4-15-99; 8:45 am]
BILLING CODE 4210-32-M