

[Federal Register: March 13, 2007 (Volume 72, Number 48)]
[Notices]               
[Page 11354-11356]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr07-49]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2006-0969; FRL-8107-1]

 
Agency Information Collection Activities; Proposed Collection; 
Comment Request; Residential Lead-Based Paint Hazard Disclosure 
Requirements; EPA ICR No. 1710.05, OMB Control No. 2070-0151

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 document announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR, 
entitled: ``Residential Lead-Based Paint Hazard Disclosure 
Requirements'' and identified by EPA ICR No. 1710.05 and OMB Control 
No. 2070-0151, is scheduled to expire on November 30, 2007. Before 
submitting the ICR to OMB for review and approval, EPA is soliciting 
comments on specific aspects of the proposed information collection.

DATES: Comments must be received on or before May 14, 2007.

[[Page 11355]]


ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2006-0969, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA 
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. 
Attention: Docket ID number EPA-HQ-OPPT-2006-0969. The DCO is open from 
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the DCO is (202) 564-8930. Such deliveries are 
only accepted during the DCO's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2006-0969. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available on-line 
at http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket's 
index available at http://www.regulations.gov. Although listed in the 

index, some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy. Publicly available docket materials are available 
electronically at http://www.regulations.gov, or, if only available in 

hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA 
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of 
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
Federal holidays. The telephone number of the EPA/DC Public Reading 
Room is (202) 566-1744, and the telephone number for the OPPT Docket is 
(202) 566-0280. Docket visitors are required to show photographic 
identification, pass through a metal detector, and sign the EPA visitor 
log. All visitor bags are processed through an X-ray machine and 
subject to search. Visitors will be provided an EPA/DC badge that must 
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Regulatory Coordinator, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: 
TSCA-Hotline@epa.gov.

    For technical information contact: Julie Simpson, National Program 
Chemicals Division (7404T), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 566-1980; fax 
number: (202) 566-0471; e-mail address: simpson.julie@epa.gov.

SUPPLEMENTARY INFORMATION:

I. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it 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 estimates of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

II. What Should I Consider when I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the collection activity.
    7. Make sure to submit your comments by the deadline identified 
under DATES.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

III. What Information Collection Activity or ICR Does this Action Apply 
to?

    Affected entities: Entities potentially affected by this action are 
persons engaged in selling, purchasing, or leasing certain residential 
dwellings built before 1978 or who are real estate agents representing 
such parties.
    Title: Residential Lead-Based Paint Hazard Disclosure Requirements.
    ICR numbers: EPA ICR No. 1710.05, OMB Control No. 2070-0151.
    ICR status: This ICR is currently scheduled to expire on November 
30, 2007. 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

[[Page 11356]]

of the CFR, after appearing in the Federal Register when approved, are 
listed in 40 CFR part 9, are displayed either by publication in the 
Federal Register or by other appropriate means, such as on the related 
collection instrument or form, if applicable. The display of OMB 
control numbers in certain EPA regulations is consolidated 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 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 the Department of Housing and Urban 
Development (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 part 35, Subpart H). Respondents 
may claim all or part of a notice confidential. EPA will disclose 
information that is covered by a claim of confidentiality only to the 
extent permitted by, and in accordance with, the procedures in TSCA 
section 14 and 40 CFR part 2.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 0.18 
hours 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 which have subsequently changed; 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:
    Estimated total number of potential respondents: 42,021,000.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 7,744,616 hours.
    Estimated total annual costs: $136,475,304. This includes an 
estimated burden cost of $136,475,304 and an estimated cost of $0 for 
capital investment or maintenance and operational costs.

IV. Are There Changes in the Estimates from the Last Approval?

    There is a decrease of 1,110,994 hours (from 8,855,610 hours to 
7,744,616 hours) in the total estimated respondent burden compared with 
that currently in the OMB inventory. This decrease reflects the 
gradually declining share of target housing in the nation's housing 
stock. The decrease is an adjustment.

V. What is the Next Step in the Process for this ICR?

    EPA 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 1320.12. EPA 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 technical person listed under 
FOR FURTHER INFORMATION CONTACT.

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.


    Dated: March 6, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic 
Substances.
[FR Doc. E7-4528 Filed 3-12-07; 8:45 am]

BILLING CODE 6560-50-S
