[Federal Register Volume 65, Number 174 (Thursday, September 7, 2000)]
[Notices]
[Pages 54263-54264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22972]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6865-5]


Agency Information Collection Activities; EPA ICR No. 1710.03; 
Submission to OMB; Additional Opportunity to Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this notice announces that the Information 
Collection Request (ICR) entitled: Residential Lead-Based Paint Hazard 
Disclosure Requirements (EPA ICR No. 1710.03, OMB No. 2070-0151) has 
been forwarded to the Office of Management and Budget (OMB) for review 
and approval pursuant to the OMB procedures in 5 CFR 1320.12. The ICR, 
which is abstracted below, describes the nature of the information 
collection and its estimated cost and burden. The Federal Register 
notice required under 5 CFR 1320.8(d), soliciting comments on this ICR 
was issued on April 22, 1999 (64 FR 19772). EPA did not receive any 
comments.

DATES: Additional comments may be submitted on or before October 10, 
2000.

FOR FURTHER INFORMATION CONTACT: Sandy Farmer at EPA by phone on (202) 
260-2740, by e-mail: ``[email protected],'' or by mail at 
the address indicated below. You may also access the ICR at http://www.epa.gov/icr/icr.htm. Please refer to EPA ICR No. 1710.03 or OMB 
Control No. 2070-0151.

ADDRESSES: Send comments, referencing the proper ICR number, to the 
following addresses: Ms. Sandy Farmer, U.S. Environmental Protection 
Agency, Collection Strategies Division (2822), 1200 Pennsylvania Ave, 
NW., Washington, DC 20460; and to: Office of Information and Regulatory 
Affairs, Office of Management and Budget, Attention: Desk Officer for 
EPA, 725 17th Street, NW., Washington, DC 20503.

SUPPLEMENTARY INFORMATION:
    Title: Residential Lead-Based Paint Hazard Disclosure Requirements 
(EPA ICR No. 1710.03; OMB Control No. 2070-00151).
    Review Requested: This is a request under 5 CFR 1320.12 to renew an 
existing ICR currently scheduled to expire on August 31, 2000. Under 5 
CFR 1320.10(e)(2), the Agency may continue to conduct or sponsor the 
collection of information while the submission is pending at OMB.
    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 residential 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, zero-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

[[Page 54264]]

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.
    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 Paperwork Reduction Act, unless it displays a currently valid 
OMB control number. The OMB control numbers for EPA's information 
collections appear as part of the collection instruments (i.e., form or 
instructions), in the Federal Register notices for related rulemaking 
and ICR notices, and, if the collection is contained in a regulation, 
in a table of OMB approval numbers in 40 CFR part 9.
    Burden Statement: There are an estimated 12,359,721 real estate 
transactions that will require one or more submissions of information 
annually. The annual public reporting burden for this collection of 
information is estimated to average 34.7 minutes per transaction for an 
estimated 16,014,310 respondents (0.77 transactions for each 
respondent). Under the PRA, ``burden'' includes the time needed to 
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.
    Respondents/affected entities: Entities potentially affected by 
this action are sellers, purchasers, lessors, and lessees of non-exempt 
residential dwellings built before 1978, or a real estate agents 
representing such parties.
    Estimated Number of Potential Respondents: 16,014,310.
    Frequency of response: On occasion.
    Estimated Number of Responses per Respondent: One, per occasion.
    Estimated Total Annual Burden: 7,145,412.
    Estimated Total Annual Non-labor Costs: $0.
    Changes in the ICR Since the Last Approval: There is a net increase 
of 1,421 hours (from 7,143,991 hours to 7,145,412 hours) in the total 
estimated respondent burden compared with that identified in the 
previous ICR. This increase reflects an adjustment in the calculations 
for the ICR and is described in detail in the ICR document.
    According to the procedures prescribed in 5 CFR 1320.12, EPA has 
submitted this ICR to OMB for review and approval. Any comments related 
to the renewal of this ICR should be submitted within 30 days of this 
notice, as described above.

    Dated: August 31, 2000.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 00-22972 Filed 9-6-00; 8:45 am]
BILLING CODE 6560-50-P