[Federal Register: January 12, 2004 (Volume 69, Number 7)]
[Notices]
[Page 1740-1743]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja04-83]
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ENVIRONMENTAL PROTECTION AGENCY
[OPPT-2003-0070; FRL-7339-5]
Residential Lead-Based Paint Hazard Disclosure Requirements;
Request for Comment on Renewal of Information Collection Activities
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.) EPA is seeking public comment and information on
the following Information Collection Request (ICR): Residential Lead-
Based Paint Hazard Disclosure Requirements (EPA ICR No. 1710.04, OMB
Control No. 2070-0151). This ICR involves a
[[Page 1741]]
collection activity that is currently approved and scheduled to expire
on July 31, 2004. The information collected under this ICR helps EPA
protect public health by assuring that sellers and lessors of
residential housing units inform purchasers and renters of the presence
of lead-based paint in such residences. The ICR describes the nature of
the information collection activity and its expected burden and costs.
Before submitting this ICR to the Office of Management and Budget (OMB)
for review and approval under the PRA, EPA is soliciting comments on
specific aspects of the collection.
DATES: Written comments, identified by the docket ID number OPPT-2003-
0070, must be received on or before March 12, 2004.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I. of the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: For general information contact:
Barbara Cunningham, Director, 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: Cindy Wheeler, 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) 566-0484; fax
number: (202) 566-0473; e-mail address: wheeler.cindy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are engaged
in selling, purchasing, or leasing certain residential dwellings built
before 1978, or are a real estate agent representing such parties.
Potentially affected entities may include, but are not limited to:
[sbull] Lessors of real estate (NAICS 5311), e.g., Lessors of
residential buildings and dwellings.
[sbull] Offices of real estate agents and brokers (NAICS 5312),
e.g., Real estate agents and brokers.
[sbull] Private parties engaged in real estate sales or lease
transactions (no corresponding NAICS codes), e.g., Sellers and buyers
of residential dwellings, landlords and tenants 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 in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the technical person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number OPPT-2003-0070. The
official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the EPA Docket Center, Rm.
B102-Reading Room, EPA West, 1301 Constitution Ave., NW., Washington,
DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The EPA Docket Center Reading
Room telephone number is (202) 566-1744 and the telephone number for
the OPPT Docket, which is located in EPA Docket Center, is (202) 566-
0280.
2. Electronic access.You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B.1. EPA intends to work
towards providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
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 EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
C. How and to Whom Do I Submit the Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on
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the first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments. If you wish to submit CBI or
information that is otherwise protected by statute, please follow the
instructions in Unit I.D. Do not use EPA Dockets or e-mail to submit
CBI or information protected by statute.
1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in docket ID number
OPPT-2003-0070. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by e-mail to oppt.ncic@epa.gov,
Attention: Docket ID Number OPPT-2003-0070. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By mail. Send your comments to: Document Control Office (7407M),
Office of Pollution Prevention and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
3. By hand delivery or courier. Deliver your comments to: OPPT
Document Control Office (DCO) in EPA East Bldg., Rm. 6428, 1201
Constitution Ave., NW., Washington, DC. Attention: Docket ID Number
OPPT-2003-0070. 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.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the technical person listed under FOR FURTHER INFORMATION CONTACT.
E. 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.
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 in this
notice.
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.
F. 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.
II. What Information Collection Activity or ICR Does this Action Apply
to?
EPA is seeking comments on the following ICR:
Title: Residential Lead-Based Paint Hazard Disclosure Requirements.
ICR numbers: EPA ICR No. 1710.04, OMB Control No. 2070-0151.
ICR status: This ICR is currently scheduled to expire on July 31,
2004. 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,
[[Page 1743]]
are listed in 40 CFR part 9, and included on the related collection
instrument or form, if applicable.
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 the
Toxic Substances Control Act (TSCA) section 14 and 40 CFR part 2.
III. What are EPA's Burden and Cost Estimates for this ICR?
Under PRA, ``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. For this
collection it 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.
The ICR provides a detailed explanation of this estimate, which is
only briefly summarized in this notice. The annual public burden for
this collection of information is estimated to average 0.19 hours. The
following is a summary of the estimates taken from the ICR:
Respondents/affected entities: 47,516,400.
Estimated total number of potential respondents: Unknown.
Frequency of response: On occasion; third-party notification only.
Estimated total/average number of responses for each respondent: 1.
Estimated total annual burden hours: 8,855,610 hours.
Estimated total annual burden costs: $135,775,347.
IV. Are There Changes in the Estimates from the Last Approval?
This request reflects a net increase of 1,199,725 hours (from
7,655,885 hours to 8,855,610 hours) in the total estimated respondent
burden from that currently in the OMB inventory. This increase is due
largely to an increase in projected 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 increase in
real estate sales is partially offset by a projected decrease in the
number of rental transactions, down from 8,930,274 transactions to
8,252,000 transactions. The change in burden represents 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: December 24, 2003.
William H. Sanders III,
Acting Assistant Administrator, Office of Prevention, Pesticides and
Toxic Substances.
[FR Doc. 04-563 Filed 1-9-04; 8:45 am]
BILLING CODE 6560-50-S