[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Notices]
[Pages 11451-11453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4652]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2010-0801; FRL-9273-6]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Residential Lead-Based Paint 
Hazard Disclosure Requirements

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: Residential Lead-Based Paint 
Hazard Disclosure Requirements; EPA ICR No. 1710.06, OMB No. 2070-0151. 
The ICR, which is abstracted below, describes the nature of the 
information collection activity and its expected burden and costs.

DATES: Additional comments may be submitted on or before April 1, 2011.

[[Page 11452]]


ADDRESSES: Submit your comments, referencing docket ID Number EPA-HQ-
OPPT-2010-0801 to (1) EPA online using www.regulations.gov (our 
preferred method), by e-mail to <a href="/cdn-cgi/l/email-protection#7b140b0b0f55151812183b1e0b1a551c140d"><span class="__cf_email__" data-cfemail="f99689898dd7979a909ab99c8998d79e968f">[email protected]</span></a> 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: Pamela Myrick, Acting Director, 
Environmental Assistance Division, Office of Pollution Prevention and 
Toxics, Environmental Protection Agency, Mail code: 7408-M, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
554-1404; e-mail address: <a href="/cdn-cgi/l/email-protection#eebabdadafc3a6819a8287808bae8b9e8fc0898198"><span class="__cf_email__" data-cfemail="9bcfc8d8dab6d3f4eff7f2f5fedbfeebfab5fcf4ed">[email protected]</span></a>.

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 October 27, 2010 (75 FR 66087), EPA sought comments on this 
renewal ICR. 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 EPA-HQ-OPPT-2010-0801, 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 http://www.regulations.gov 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.
    EPA's policy is that public comments, whether submitted 
electronically or in paper, will be made available for public viewing 
in 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. 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 http://www.regulations.gov. 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 http://www.regulations.gov. For further information 
about the electronic docket, go to http://www.regulations.gov.
    Title: Residential Lead-Based Paint Hazard Disclosure Requirements.
    ICR Status: This is a request to renew an existing approved 
collection. This ICR is scheduled to expire on March 31, 2011. Under 
OMB regulations, the Agency may continue to conduct or sponsor the 
collection of information while this 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. 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 acting on their 
behalf. Agents and lessors must retain the information for three 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 part 35, Subpart H). Respondents 
may claim all or part of a notice as CBI. EPA will disclose information 
that is covered by a CBI claim only to the extent permitted by, and in 
accordance with, the procedures in 40 CFR part 2.
    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 about 
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; 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.

[[Page 11453]]

    Frequency of Collection: On occasion.
    Estimated average number of responses for each respondent: 1.
    Estimated No. of Respondents: 39,124,000.
    Estimated Total Annual Burden on Respondents: 6,937,330 hours.
    Estimated Total Annual Costs: $126,120,374.
    Changes in Burden Estimates: This request reflects a decrease of 
807,286 hours (from 7,744,616 hours to 6,937,330 hours) in the total 
estimated respondent burden from that currently in the OMB inventory. 
This decrease reflects a reduction in the estimated annual number of 
real estate sales and residential property rentals involving target 
housing subject to the rule's requirements and an overall decrease in 
estimated real estate sales. The Supporting Statement provides details 
on the change in burden estimate. The change is an adjustment.

    Dated: February 23, 2011.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2011-4652 Filed 3-1-11; 8:45 am]
BILLING CODE 6560-50-P


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