[Federal Register Volume 64, Number 77 (Thursday, April 22, 1999)]
[Notices]
[Pages 19772-19775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10238]


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ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[OPPTS-00268; FRL-6077-4]


Renewal of Toxics Information Collection Activities; Residential 
Lead-Based Paint Hazard Disclosure Requirements; Request for Comments

AGENCIES: The Environmental Protection Agency (EPA) and the Department 
of Housing and Urban Development (HUD).

 ACTION: Notice and request for comment.

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 SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
notice announces that EPA and HUD are planning to submit the following 
Information Collection Request (ICR) renewal to the Office of 
Management and Budget (OMB) for review and approval: ``Residential 
Lead-Based Paint Disclosure Requirements,'' (EPA ICR No. 1710.03, OMB 
No. 2070-0151). This ICR involves a collection activity that is 
currently approved by OMB. The ICR describes the nature of the 
information collection activity and the estimated burden and costs 
associated with the collection activity. Before submitting the ICR 
renewal to OMB, EPA and HUD are soliciting comments on specific aspects 
of the information collection described in this document.

 DATES: Written comments must be submitted on or before June 21, 1999.
 ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit II. of this document. To ensure proper receipt by EPA, 
your comments must identify docket control number OPPTS-00268 in the 
subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: For general information: Joe Carra, 
Acting Director, Environmental Assistance Division (7408), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 401 M 
St., SW., Washington, DC 20460; telephone: (202) 554-1404, TDD: (202) 
554-0551; e-mail address: TSCA-H[email protected] or Warren Friedman, 
Director, Planning and Standards Division, Office of Lead Hazard 
Control, Department of Housing and Urban Development, 451 7th St., SW., 
(P-3206), Washington, DC 20460; telephone: (202) 755-1785, ext. 159, 
TTY: 800-877-8339, Fax: (202) 755-1000; e-mail address: 
[email protected].
    For technical information: Dayton Eckerson, National Program 
Chemicals Division (7404), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; 
telephone: (202) 260-1591, Fax: (202) 260-0770; e-mail address: 
[email protected] or David K. Levitt, Planning and Standards 
Division, Office of Lead Hazard Control, Department of Housing and 
Urban Development, 451 7th St., SW., (P-3206), Washington, DC 20460; 
telephone: (202) 755-1785, ext. 156, TTY: 800-877-8339, Fax: (202) 755-
1000; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does This ICR Apply To Me?

     You may be affected by this ICR if you are a seller, purchaser, 
lessor, or lessee of a non-exempt residential dwelling built before 
1978, or a real estate agent representing such parties. Potentially 
affected categories and entities may include, but are not limited to:

 
----------------------------------------------------------------------------------------------------------------
                                                                                         Examples of potentially
             Categories                        NAICS                     SIC                affected entities
----------------------------------------------------------------------------------------------------------------
Real Estate                           53111                    651                      Lessors of residential
                                                                                         buildings
Operators/Lessors                                                                       Lessors of residential
                                                                                         dwellings
----------------------------------------------------------------------------------------------------------------

[[Page 19773]]

 
Offices of Real Estate Agents/        53121                    653                      Real estate agents
 Property Managers                    531311                                            Real estate brokers
                                                                                        Property managers
----------------------------------------------------------------------------------------------------------------
Private Parties--Sales Transactions   None                     None                     Sellers and buyers of
                                                                                         houses, townhouses,
                                                                                        and cooperatives/
                                                                                         condominiums
----------------------------------------------------------------------------------------------------------------
Private Parties--Rental Transactions  None                     None                     Lessors and lessees of
                                                                                         residential dwellings
----------------------------------------------------------------------------------------------------------------


    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed above could also be 
affected. If available, the four-digit Standard Industrial 
Classification (SIC) codes or the six-digit North American Industrial 
Classification System (NAICS) codes have been provided to assist you 
and others in determining whether or not this action applies to certain 
entities. To determine whether you or your business is affected by this 
action, you should carefully examine the applicability provisions in 40 
CFR 745.100. If you have any questions regarding the applicability of 
this action to a particular entity, you may also consult the technical 
person listed in the ``FOR FURTHER INFORMATION CONTACT'' at the 
beginning of this document.

B. How Can I Get Additional Information or Copies of This Document or 
Other Documents?

    1. Electronically. Electronic copies of this document and the ICR 
are available from the EPA Home Page at the Federal Register--
Environmental Documents entry for this document under ``Laws and 
Regulations'' (http://www.epa.gov/fedrgstr/). You can easily follow the 
menu to find this Federal Register notice using the publication date or 
the Federal Register citation for this notice. Although a copy of the 
ICR is posted with the Federal Register notice, you can also access a 
copy of the ICR by going directly to http://www.epa.gov/icr/. You can 
then easily follow the menu to locate this ICR by the EPA ICR number, 
the OMB control number, or the title of the ICR.
    2. In person or by phone. If you have any questions or need 
additional information about this action, you may contact the technical 
person identified in the ``FOR FURTHER INFORMATION CONTACT'' section. 
In addition, the official record for this notice, including the public 
version, has been established for this notice under docket control 
number OPPTS-00268. This record includes not only the documents that 
are physically located in the docket, but also all the documents that 
are referenced in those documents. A public version of this record, 
including printed, paper versions of any electronic comments, which 
does not include any information claimed as CBI, is available for 
inspection in the TSCA Nonconfidential Information Center, Rm. NE B-
607, Waterside Mall, 401 M St., SW., Washington, DC, from 12 noon to 4 
p.m., Monday through Friday, excluding legal holidays. The TSCA 
Nonconfidential Information Center telephone number is (202) 260-7099.

II. How Can I Respond To This Notice?

A. How And To Whom Do I Submit The Comments?

     You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, you must identify 
docket control number OPPTS-00268 in the subject line on the first page 
of your response.
    1. By mail. Submit written comments to: Document Control Office 
(7407), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460.
    2. In person or by courier. Deliver written comments to: Document 
Control Office in Rm. G-099, Waterside Mall, 401 M St., SW., 
Washington, DC; telephone: (202) 260-7093.
    3. Electronically. Submit your comments and/or data electronically 
by e-mail to: [email protected]. Do not submit any information 
electronically that you consider to be Confidential Business 
Information (CBI). Electronic comments must be submitted as an ASCII 
file avoiding the use of special characters and any form of encryption. 
Comments and data will also be accepted on disk in Wordperfect 5.1/6.1 
or ASCII file format. All comments and data in electronic form must be 
identified by the docket control number OPPTS-00268. Electronic 
comments on this notice may also be filed online at many Federal 
Depository Libraries.

B. How Should I Handle CBI Information That I Want To Submit To the 
Agency?

     You may claim information that you submit in response to this 
notice as CBI by marking any part or all of that information as CBI. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. A copy of the comment that does 
not contain CBI must also be submitted for inclusion in the public 
record. Information not marked confidential will be included in the 
public docket by EPA without prior notice. If you have any questions 
about CBI or the procedures for claiming CBI, please consult with the 
technical person listed in the ``FOR FURTHER INFORMATION CONTACT'' 
section.

C. What Information Is EPA Particularly Interested In?

     Pursuant to section 3506(c)(2)(A) of PRA, EPA specifically 
solicits comments and information to enable it to:
    1. Evaluate whether the proposed collections of information are 
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 estimates of the burdens 
of the proposed collections of information.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collections of information on those 
who are to respond, including through the use of appropriate automated 
or electronic collection technologies or other forms of information 
technology, e.g., permitting electronic submission of responses.

D. What Should I Consider When I Prepare My Comments for EPA?

     We invite you to provide your views on the estimates provided, new 
approaches that may help to minimize the burden, and any data or 
information that you would like the Agency to

[[Page 19774]]

consider during the development of the final ICR. You may find the 
following suggestions helpful for preparing your comments:
    --Explain your views as clearly as possible.
    --Describe any assumptions that you used.
    --Provide solid technical information and/or data to support your 
views.
    --If you estimate potential burden or costs, explain how you 
arrived at the estimate.
    --Provide specific examples to illustrate your concerns.
    --Offer alternative ways to improve the collection activity.
    --Make sure to submit your comments by the deadline in this notice.
    At the beginning of your comments (e.g., as part of the ``Subject'' 
heading), be sure to properly identify the document you are commenting 
on. To ensure proper receipt by EPA, you must identify the docket 
control number assigned to the notice in the subject line on the first 
page of your response. You may also provide the name, date, Federal 
Register citation, and/or the appropriate EPA or OMB ICR number.

III. What Information Collection Activity or ICR Does This Notice 
Apply To?

     EPA and HUD are seeking comments on the following ICR:
    Title: Residential Lead-Based Paint Hazard Disclosure Requirements.
    ICR numbers: EPA ICR No. 1710.03, OMB No. 2070-0151.
    ICR status: This ICR is currently scheduled to expire on April 30, 
1999, but EPA and HUD have requested an extension to ensure that there 
is adequate time to review comments prior to submission of the renewal 
request to OMB. An agency may not conduct or sponsor, and a person is 
not required to respond to a collection of information that is subject 
to approval under the PRA, unless it displays a currently valid OMB 
control number. The OMB control numbers for EPA's information 
collections appear on the collection instruments or instructions, in 
the Federal Register notices for related rulemakings and ICR notices, 
and, if the collection is contained in a regulation, in a table of OMB 
approval numbers in 40 CFR part 9.
    Abstract: Section 1018 of the Residential Lead-Based Paint Hazard 
Reduction Act of 1992 (42 U.S.C. 4852d) requires that sellers and 
lessors of most residental housing built before 1978 disclose known 
information on the presence of lead-based paint and lead-based paint 
hazards, and provide an EPA-approved pamphlet to purchasers and renters 
before selling or leasing the housing. Sellers of pre-1978 housing are 
also required to provide prospective purchasers with 10 days to conduct 
an inspection or risk assessment for lead-based paint hazards before 
obligating purchasers under contracts to purchase the property. The 
rule does not apply to rental housing that has been found to be free of 
lead-based paint, 0-bedroom dwellings, housing for the elderly, housing 
for the handicapped, or short-term leases.
     The affected parties and the information collection related 
requirements related to each are described below:
    1. Sellers of pre-1978 residential housing. Sellers of pre-1978 
housing must attach certain notification and disclosure language to 
their sales/leasing contracts. The attachment lists the information 
disclosed and acknowledges compliance by the seller, purchaser, and any 
agents involved in the transaction.
    2. Lessors of pre-1978 residential housing. Lessors of pre-1978 
housing must attach notification and disclosure language to their 
leasing contracts. The attachment, which lists the information 
disclosed and acknowledges compliance with all elements of the rule, 
must be signed by the lessor, lessee, and any agents acting on their 
behalf. Agents and lessees must retain the information for 3 years from 
the completion of the transaction.
    3. Agents acting on behalf of sellers or lessors. Section 1018 of 
the Residential Lead-Based Paint Hazard Reduction Act of 1992 
specifically directs EPA and HUD to require agents acting on behalf of 
sellers or lessors to ensure compliance with the disclosure 
regulations.

IV. What Are EPA's Burden And Cost Estimates For This ICR?

     Under PRA (44 U.S.C. 3501 et seq.) ``burden'' means the total 
time, effort, or financial resources expended by persons to generate, 
maintain, retain, disclose, or provide information to or for a Federal 
agency. Although these requirements also apply to the Federal 
government, the PRA does not require EPA and HUD to estimate the 
potential burden or costs associated with the information collection 
activities performed by Federal agencies. For this collection it 
includes the time needed to amend this list as appropriate, but use 
these terms; review instructions; develop, acquire, install, and 
utilize technology and systems for the purposes of collecting, 
validating, and verifying information, processing and maintaining 
information, and disclosing and providing information; adjust the 
existing ways to comply with any previously applicable instructions and 
requirements; train personnel to be able to respond to a collection of 
information; search data sources; complete and review the collection of 
information; and transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of this estimate, which is 
only briefly summarized here. The annual burden for this ICR is 
estimated to average 0.12 hours (7.2 minutes) per response, with an 
estimated average cost of $1.66 per response. The following is a 
summary of the total estimates taken from the ICR:

    Respondents/affected entities: Sellers, purchasers, lessors, and 
lessees of non-exempt residential dwellings built before 1978, or a 
real estate agents representing such parties.
    Estimated total number of potential respondents: 16,144,922
    Frequency of response: As needed only when specific data are 
required.
    Estimated total/average number of responses for each respondent: 
61,798,605.
    Estimated total annual burden hours: 7,666,200.
    Estimated total annual burden costs: $102,500,273.
    Please note that in developing the burden estimates, the agencies 
have not distinguished between the burden associated with the 
compliance activities of private parties and those of Federal entities. 
The agencies are currently analyzing the total burden estimates, to 
determine what portion of the estimate represents the burden associated 
with the compliance activities of Federal entities. Since, the agencies 
are not required to include the burden on Federal entities in the total 
burden estimate reported under the PRA, the total burden will be 
reduced accordingly prior to submission to OMB.

V. Are There Changes in the Estimates From the Last Approval?

     Yes. Since the ICR for the final rule was prepared approximately 3 
years ago, several factors relating to the ICR have changed 
significantly. Among the more significant changes affecting estimates 
in the ICR are the following:
    1. Wage rates, the cost of the required lead hazard pamphlets, and 
photocopying costs have increased.
    2. The number of annual real estate sale and rental transactions 
has increased by approximately 3%.

[[Page 19775]]

    3. The number of real estate agents and property managers has 
increased by approximately 22%.
    4. The number of property owners and lessors has increased by 
approximately 16%.
    The estimated startup costs in the revised ICR are no longer 
annualized over 3 years, resulting in a substantial decrease in burden. 
In addition, the agencies expect the total burden presented above to be 
reduced further prior to submission to OMB, to reflect the portion of 
the estimate that represents the burden associated with the compliance 
activities of Federal entities. As indicated Unit IV. of this document, 
the agencies are not required to include this burden under the PRA.
     EPA and HUD are particularly interested in receiving comments on 
the changes related to the burden estimates for this relatively new 
program.

VI. What Is The Next Step In The Process For This ICR?

     EPA and HUD will consider the comments received and amend the ICR 
as appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.10. EPA and HUD will issue 
another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to 
announce the submission of the ICR to OMB and the opportunity to submit 
additional comments to OMB. If you have any questions about this ICR or 
the approval process, please contact the person listed in the ``FOR 
FURTHER INFORMATION CONTACT'' section.

 List of Subjects

    Environmental protection, Health and safety, Lead, Reporting and 
recordkeeping requirements.

    Dated: April 15, 1999.

Susan H. Wayland,

Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances, EPA.

    Dated: April 12, 1999.

David S. Cristy,

Director, IRM Policy and Management, HUD.

[FR Doc. 99-10238 Filed 4-20-99; 1:21 pm]
BILLING CODE 6560-50-F