[Federal Register Volume 69, Number 148 (Tuesday, August 3, 2004)]
[Notices]
[Pages 46534-46535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17664]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPT-2003-0070; FRL -7796-5]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Residential Lead-Based Paint 
Hazard Disclosure Requirements; EPA ICR No. 1710.04, OMB No. 2070-0151

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this document announces that the following Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval. This is a request to renew an 
existing approved collection. This ICR is scheduled to expire on July 
31, 2004. Under OMB regulations, the Agency may continue to conduct or 
sponsor the collection of information while this submission is pending 
at OMB. This ICR describes the nature of the information collection and 
its estimated cost.

DATES: Additional comments may be submitted on or before September 2, 
2004.

ADDRESSES: Submit your comments, referencing docket ID Number OPPT-
2003-0070, to (1) EPA online using EDOCKET (our preferred method), by 
email to [email protected] or by mail to: Document Control Office 
(DCO), Office of Pollution Prevention and Toxics (OPPT), Environmental 
Protection Agency, Mail code: 7407T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, and (2) OMB at: Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Attention: 
Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Barbara Cunningham, Acting Director, 
Environmental Assistance Division, Office of Pollution Prevention and 
Toxics, Environmental Protection Agency, Mail code: 7408, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
554-1404; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On January 12, 2004, EPA sought comments on this renewal ICR 
(69 FR 1740) pursuant to 5 CFR 1320.8(d). EPA received no comments 
during the comment period.
    EPA has established a public docket for this ICR under Docket ID 
No. OPPT-2003-0070, which is available for public viewing at the OPPT 
Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public 
Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Reading Room is 
202-566-1744, and the telephone number for the Pollution Prevention and 
Toxics Docket is 202-566-0280. An electronic version of the public 
docket is available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. Use EDOCKET to submit or view public comments, 
access the index listing of the contents of the public docket, and to 
access those documents in the public docket that are available 
electronically. Once in the system, select ``search,'' then key in the 
docket ID number identified above.
    Any comments related to this ICR should be submitted to EPA and OMB 
within 30 days of this notice. Please note, EPA's policy is that public 
comments, whether submitted

[[Page 46535]]

electronically or in paper, will be made available for public viewing 
in EDOCKET as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose public 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EDOCKET. The 
entire printed comment, including the copyrighted material, will be 
available in the public docket. Although identified as an item in the 
official docket, information claimed as CBI, or whose disclosure is 
otherwise restricted by statute, is not included in the official public 
docket, and will not be available for public viewing in EDOCKET. For 
further information about the electronic docket, see EPA's Federal 
Register notice describing the electronic docket at 67 FR 38102 (May 
31, 2002), or go to www.epa.gov/edocket.
    ICR Title: Residential Lead-Based Paint Hazard Disclosure 
Requirements (EPA ICR No. 1710.04, OMB No. 2070-0151).
    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 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.
    Responses to the collection of information are mandatory (see 40 
CFR part 745, subpart F, and 24 CFR 35, subpart H). An agency may not 
conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number. The OMB control numbers for EPA's regulations in title 
40 of the CFR, after appearing in the Federal Register, are listed in 
40 CFR part 9 and included on the related collection instrument or 
form, if applicable.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 0.19 
hour per response. Burden means the total time, effort or financial 
resources expended by persons to generate, maintain, retain or disclose 
or provide information to or for a Federal agency. This 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: Persons engaged in selling, 
purchasing or leasing certain residential dwellings built before 1978, 
or who are real estate agents representing such parties.
    Frequency of Collection: On occasion; third-party notification 
only.
    Estimated No. of Respondents: 47,516,400.
    Estimated Total Annual Burden on Respondents: 8,855,610 hours.
    Estimated Total Annual Costs: $136,774,352.
    Changes in Burden Estimates: The total estimated annual burden 
requested in this ICR (8,855,610 hours) reflects an estimated net 
increase of 1,710,198 burden hours from the total estimated burden 
identified in the ICR that was last approved by OMB (7,145,412 hours). 
This increase is due to the recent increase in real estate sales, 
presumably associated with historically low interest rates. The 
previous ICR analysis projected sales of target housing units at a rate 
of 3,429,447 per year. The current analysis projects sales of 4,324,000 
units per year, or an increase of about 895,000 units per year. The 
burden increase is an adjustment.

    Dated: July 22, 2004.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 04-17664 Filed 8-2-04; 8:45 am]
BILLING CODE 6560-50-P