[Federal Register: November 19, 2007 (Volume 72, Number 222)]
[Notices]
[Page 65018-65019]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no07-41]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2006-0969; FRL-8495-9]
Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Residential Lead-Based Paint
Hazard Disclosure Requirements; EPA ICR No. 1710.05, 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 an 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. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.
DATES: Additional comments may be submitted on or before December 19,
2007.
ADDRESSES: Submit your comments, referencing docket ID Number EPA-HQ-
OPPT-2006-0969 to (1) EPA online http://www.regulations.gov (our
preferred method), by e-mail to oppt.ncic@epa.gov 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, Director,
Environmental Assistance Division, Office of Pollution Prevention and
Toxics, Environmental Protection Agency, Mailcode: 7408-M, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
554-1404; e-mail address: TSCA-Hotline@epa.gov.
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 March 13, 2007 (72 FR 11354), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments during the
comment period. Any comments related to this ICR should be submitted to
EPA and OMB within 30 days of this notice.
EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OPPT-2006-0969, which is available for online viewing at
http://www.regulations.gov, or in person inspection at the OPPT Docket
in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 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.
Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
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. Under OMB regulations, the Agency may continue to conduct or
sponsor the collection of information while this submission is pending
at OMB. 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 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 build 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. Responses to the
collection of information are mandatory (see 40 CFR part 745, subpart
F, and 24 CFR part 35, subpart H). This information collection
addresses the information collection-related requirements related to
each affected party as 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 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.
Burden Statement: The total annual burden for this ICR is estimated
to be 7,744,616 hours and involves slightly more than 49.5 million
estimated annual responses. These responses correspond to the various
information activities related to an estimated 3,720,000 annual target
housing sales and an estimated 7,500,000 annual target housing rentals.
The burden associated with the vast majority of these response
activities is estimated to be 5 minutes or less. For new sellers,
lessors, and agents, the burden associated with one-time rule
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familiarization activities is estimated to be 1 hour per event. The
burden associated both with disclosures and related acknowledgements by
sellers, lessors, offerors, their respective agents, and tenants is
estimated to be about 5 minutes per event. The burden associated with
related recordkeeping activities by sellers, lessors, and their agents
is estimated to be less than 1 minute per event. 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: 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.
Estimated No. of Responses: 49,501,582.
Frequency of Collection: On occasion.
Estimated Total Annual Hour Burden: 7,744,616 hours.
Estimated Total Annual Labor Costs: $136,475,304.
Changes in Burden Estimates: 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 a gradual reduction in the annual number of real
estate sales and residential property rentals involving target housing
subject to the rule's requirements. The decrease is an adjustment.
Dated: November 8, 2007.
Sara Hisel-McCoy,
Director, Collection Strategies Division.
[FR Doc. 07-5709 Filed 11-16-07; 8:45 am]
BILLING CODE 6560-50-M