Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 34257 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: July 1, 2009. 

G. Jeffery Herndon, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.579 paragraph (a)(1) 

table is amended by removing the 

commodities ‘‘carrot’’ and ‘‘grape 

(imported)’’ and adding the following 

commodities; by removing and 

reserving paragraph (b); by revising 

paragraph (c); and by adding the 

following commodities to the table in 

paragraph (d) to read as follows: 

§ 180.579 Fenamidone; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per million 

* * * * * 

Cilantro, leaves ............... 60 

* * * * * 

Okra ................................ 3.5 

* * * * * 

Turnip, greens ................ 55 

* * * * * 

Vegetable, root, except 

sugar beet, subgroup 

1B, except radish ........ 0.15 

* * * * * 

* * * * * 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. A tolerance with regional 

registration as defined in §180.1(m) is 

established for residues of fenamidone, 

4H-Imidazol-4-one, 3,5-dihydro-5- 

methyl-2-(methylthio)-5-phenyl-3- 

(phenylamino)-, (S)-, in or on the 

following commodity: 

Commodity Parts per million 

Grape1 ............................ 1.0 

1Applicable to grapes grown East of the 

Rocky Mountains. 

(d) Indirect or inadvertent residues. * 

* * 

Commodity Parts per million 

Corn, field, forage ........... 0.25 

Corn, field, grain ............. 0.02 

Corn, field, stover ........... 0.40 

Corn, sweet, forage ........ 0.15 

Commodity Parts per million 

Corn, sweet, kernel plus 

cob with husks removed ......................... 0.02 

Corn, sweet, stover ........ 0.20 

Soybean, forage ............. 0.15 

Soybean, hay .................. 0.25 

Soybean, seed ................ 0.02 

* * * * * 

[FR Doc. E9–16817 Filed 7–14–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 745 

[EPA–HQ–OPPT–2005–0049; FRL–8422–7] 

RIN 2070–AJ48 

Lead; Minor Amendments to the 

Renovation, Repair, and Painting 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is issuing a final rule 

making two minor revisions to the final 

Lead Renovation, Repair, and Painting 

Program (RRP) rule that published in 

the Federal Register on April 22, 2008. 

First, this final rule requires accredited 

providers of renovator or dust sampling 

technician training to submit postcourse notifications, including digital 

photographs of each successful trainee, 

to EPA. The 2008 rule establishes 

accreditation, training, certification, and 

recordkeeping requirements as well as 

work practice standards on persons 

performing renovations for 

compensation in most pre-1978 housing 

and child-occupied facilities. The postcourse notification requirement, 

designed to supply important 

information for EPA’s compliance 

monitoring efforts, was inadvertently 

omitted from the final RRP rule’s 

regulatory text. In addition, this final 

rule removes the requirement for 

accredited lead-based paint activities 

training providers—those who provide 

inspector, risk assessor, project 

designer, and abatement supervisor and 

worker training—to submit to EPA a 

digital photograph of each successful 

trainee along with their post-course 

notifications. That requirement, 

inadvertently imposed as part of the 

final RRP rule, is unnecessary because 

EPA already receives photographs of 

these individuals through other means. 

DATES: This final rule is effective July 

15, 2009. 


srobinson on DSKHWCL6B1PROD with RULES
34258 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPPT–2005–0049. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket 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: 

Cindy Wheeler, National Program 

Chemicals Division, Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (202) 566– 

0484; e-mail address: 

wheeler.cindy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you provide or plan to 

provide training in lead-safe building 

renovation work practices or training for 

dust sampling technicians. Potentially 

affected entities may include, but are 

not limited to: 

• Other technical and trade schools 

(NAICS code 611519), e.g., training 

providers. 

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. 

II. What Action is the Agency Taking? 

A. Introduction 

In the Federal Register of April 22, 

2008 (73 FR 21692) (FRL–8355–7), 

under the authority of sections 

402(c)(3), 404, 406, and 407 of the Toxic 

Substances Control Act (TSCA), EPA 

issued its final RRP rule (Ref. 1). The 

final RRP rule, codified in 40 CFR part 

745, subparts E, L, and Q, addresses 

lead-based paint hazards created by 

renovation, repair, and painting 

activities that disturb lead-based paint 

in target housing and child-occupied 

facilities. 

‘‘Target housing’’ is defined in TSCA 

section 401 as any housing constructed 

before 1978, except housing for the 

elderly or persons with disabilities 

(unless any child under age 6 resides or 

is expected to reside in such housing) or 

any 0-bedroom dwelling. The final RRP 

rule defines a ‘‘child-occupied facility’’ 

as a building, or a portion of a building, 

constructed prior to 1978, visited 

regularly by the same child, under 6 

years of age, on at least 2 different days 

within any week (Sunday through 

Saturday period), provided that each 

day’s visit lasts at least 3 hours and the 

combined weekly visits last at least 6 

hours, and the combined annual visits 

last at least 60 hours. Child-occupied 

facilities may be located in public or 

commercial buildings or in target 

housing. 

The final RRP rule establishes 

requirements for training renovators, 

other renovation workers, and dust 

sampling technicians; for certifying 

renovators, dust sampling technicians, 

and renovation firms; for accrediting 

providers of renovation and dust 

sampling technician training; for 

renovation work practices; and for 

recordkeeping. Interested States, 

Territories, and Indian Tribes may apply 

for and receive authorization to 

administer and enforce all of the 

elements of the new renovation 

requirements. More information on the 

final RRP rule may be found in the 

Federal Register document announcing 

the final RRP rule (Ref. 1) or on EPA’s 

website at http://www.epa.gov/lead/ 

pubs/renovation.htm. 

Many provisions of the final RRP rule 

were derived from the existing leadbased paint activities regulations at 40 

CFR part 745, subpart L (Ref. 2). These 

existing regulations were promulgated 

in 1996 under TSCA section 402(a), 

which defines lead-based paint 

activities in target housing as 

inspections, risk assessments, and 

abatements. The 1996 regulations cover 

lead-based paint activities in target 

housing and child-occupied facilities, 

along with limited screening activities 

called lead hazard screens. These 

regulations established an accreditation 

program for training providers and a 

certification program for individuals 

and firms performing these activities. 

Training course accreditation and 

individual certification was made 

available in five disciplines: Inspector, 

risk assessor, project designer, 

abatement supervisor, and abatement 

worker. In addition, these lead-based 

paint activities regulations established 

work practice standards and 

recordkeeping requirements for leadbased paint activities in target housing 

and child-occupied facilities. 

A 2004 amendment to the lead-based 

paint activities regulations established 

notification procedures for certified 

professionals conducting lead-based 

paint abatement activities, and 

accredited training programs providing 

lead-based paint activities courses (Ref. 

3). Since the effective date of the 2004 

amendment, accredited training 

programs have been required to notify 

EPA before providing initial or refresher 

lead-based paint activities training 

courses and again following completion 

of these training courses. Both 

notifications must include information 

about the course, while the post-course 

notification also must include 

identifying information on the 

successful trainees. These notification 

requirements were designed to facilitate 

compliance monitoring by EPA. 

The final RRP rule created two new 

training disciplines in the field of leadbased paint: Renovator and dust 

sampling technician. Persons who 

successfully complete renovator training 

from an accredited training provider are 

certified renovators, who are 

responsible for ensuring that 

renovations to which they are assigned 

are performed in compliance with the 

work practice requirements set out in 40 

CFR 745.85. Persons who successfully 


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Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 34259 

complete dust sampling technician 

training from an accredited training 

provider are certified dust sampling 

technicians, who may be called upon to 

collect optional dust samples after 

renovations have been completed. 

While the training disciplines, the 

work practice standards, and the 

recordkeeping requirements of the final 

RRP rule differ from those established in 

the lead-based paint activities 

regulations, EPA determined that the 

accreditation requirements imposed on 

persons providing lead-based paint 

activities training would also be 

effective for persons providing 

renovation training. Therefore, the final 

RRP rule amended 40 CFR 745.225 to 

cover persons who provide or wish to 

provide renovation training for the 

purposes of the final RRP rule. 

As amended by the final RRP rule, 40 

CFR 745.225 requires training providers 

who wish to provide lead-based paint 

activities or renovation training for the 

purposes of EPA’s lead-based paint 

programs to be accredited by EPA. The 

requirements for each course of study 

are described in detail at 40 CFR 

745.225 as are the operational 

requirements for training programs and 

the process for obtaining accreditation. 

As EPA began the process of 

implementing the final RRP rule, EPA 

discovered several minor omissions 

from the regulatory text. Because these 

omissions could have an impact on 

EPA’s ability to monitor compliance 

with the RRP rule provisions, EPA 

issued a proposal (the ‘‘2009 Proposal’’) 

on April 22, 2009 (74 FR 18330) (FRL– 

8405–3) to amend the final RRP rule to 

address these omissions (Ref. 4). EPA 

received one public comment on the 

proposal. 

The commenter was generally 

supportive of this action, while 

suggesting other changes that EPA 

should consider for the RRP program. 

The commenter expressed concerns 

about the overall emphasis on 

administration requirements which, 

according to the commenter, merely 

indirectly addressed environmental and 

health issues. Specifically, the 

commenter made the following 

suggestions: (1) Reduce the size of the 

photographic identification cards and 

require more resilient cards; (2) develop 

a tiered system of on-the-job training to 

easily verify the level of training or 

experience each worker has had; (3) 

clarify rules designed to protect workers 

from a increased risk of lead exposure; 

(4) require a certified renovator to report 

homes that house children or pregnant 

woman and that have not gone through 

lead-based paint abatement procedures; 

and (5) impose stricter penalties for 

non-compliance. These comments 

addressed issues beyond the scope of 

this rulemaking. EPA’s detailed 

response to the commenter’s suggestions 

and questions can be found in the 

rulemaking docket for this action (Ref. 

5). 

B. This Final Rule 

This final rule makes two minor 

amendments to the final RRP rule. 

These amendments affect the 

notification requirements for accredited 

providers of renovation and lead-based 

paint activities training. 

1. Post-course notifications. As 

discussed in the preamble to the 2009 

Proposal, the regulatory text of the final 

RRP rule inadvertently omitted a 

requirement for accredited providers of 

renovation training to provide 

notification to EPA after each training 

course the provider delivers (Ref. 4). 

This final rule amends 40 CFR 

745.225(c)(14) to require post-course 

notifications from accredited providers 

of renovator or dust sampling technician 

training. This amendment also includes 

conforming changes to 40 CFR 

745.225(c)(14)(iii) to include the correct 

name of the sample post-course 

notification form and to make it clear 

that all methods of post-course 

notification are available to both 

renovation training providers and leadbased paint activities training providers. 

As amended, 40 CFR 745.225(c)(14) 

now requires renovation training 

providers to notify EPA, no later than 10 

business days following course 

completion. This notification must 

include the training provider’s name, 

address, and accreditation number; the 

course discipline and type; the date the 

course was provided and, for each 

student, the name, address, date of 

birth, course completion certificate 

number, course test score, and a digital 

photograph of the student. The 

notification must be signed by the 

training manager. 

2. Digital photographs of lead-based 

paint activities trainees. The final RRP 

rule amended 40 CFR 745.225(c)(14) to 

require training providers to submit 

digital photographs of each student as 

part of their post-course notifications. 

As discussed in the 2009 Proposal, 

language limiting the requirement to 

accredited providers of renovator or 

dust sampling technician training 

courses was inadvertently omitted from 

the final RRP rule (Ref. 4). EPA did not 

intend for the requirement to apply to 

accredited providers of lead-based paint 

activities (inspector, risk assessor, 

project designer, and abatement 

supervisor and worker) training 

because, as part of the individual 

certification application process, EPA 

already receives photographs from 

individual certification candidates at or 

about the time that the individuals 

complete their training. Therefore, this 

final rule amends 40 CFR 

745.225(c)(14)(ii)(D)(6) to limit the 

digital photograph requirement to 

accredited renovation training 

providers. 

C. Effective Date 

In the 2009 Proposal, EPA proposed 

to make this final rule immediately 

effective to minimize the impact that 

these inadvertent omissions will have 

on the regulated community, the public, 

and the Agency. In the preamble to the 

2009 Proposal, EPA discussed the 

potential effect of a delay in finalizing 

the post-course notification 

requirements, and proposed to find that, 

under the Administrative Procedure Act 

(APA), 5 U.S.C. 553(d)(3), good cause 

exists to dispense with the 30–day delay 

in the effective date of this final rule 

(Ref. 4). For the reasons explained in the 

preamble to the proposal, EPA now 

finds good cause does exist to dispense 

with the 30–day delay in the effective 

date. EPA received no comment on this 

aspect of the proposal. Therefore, this 

final rule takes effect immediately upon 

publication in the Federal Register. 

III. References 

1. EPA. Lead; Renovation, Repair, and 

Painting Program; Final Rule. Federal 

Register (73 FR 21692, April 22, 2008) (FRL– 

8355–7). 

2. EPA. Lead; Requirements for Lead-based 

Paint Activities; Final Rule. Federal Register 

(61 FR 45778, August 29, 1996) (FRL–5389– 

9). 

3. EPA. Lead; Notification Requirements 

for Lead-Based Paint Abatement Activities 

and Training; Final Rule. Federal Register 

(69 FR 18489, April 8, 2004) (FRL–7341–5). 

4. EPA. Lead; Minor Amendments to the 

Renovation, Repair, and Painting Program; 

Proposed Rule. Federal Register (74 FR 

18330, April 22, 2009) (FRL–8405–3). 

5. EPA. Lead; Minor Amendments to the 

Renovation, Repair, and Painting Program. 

Response to Comments. June 2009. 

6. EPA. Information Collection Request 

(ICR); final rule addendum to an existing 

EPA ICR, entitled TSCA Sections 402/404 

Training and Certification, Accreditation, 

and Standards for Lead-Based Paint 

Activities. Document ID Number EPA–HQ– 

OPPT–2005–0049–0925. March 2008. 

7. EPA, Office of Pollution Prevention and 

Toxics (OPPT). Economic Analysis for the 

TSCA Lead Renovation, Repair, and Painting 

Program Final Rule for Target Housing and 

Child-Occupied Facilities. March 2008. 

8. EPA, OPPT. Economic Analysis for the 

TSCA Section 402 Lead-Based Paint Program 

Accreditation and Certification Fee Rule. 

March 2009. 


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34260 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 

9. EPA. Lead; Renovation, Repair, and 

Painting Program; Proposed Rule. Federal 

Register (71 FR 1588, January 10, 2006) 

(FRL–7755–5). 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

Under Executive Order 12866, 

entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993) 

it has been determined that this is not 

a ‘‘significant regulatory action’’ subject 

to review by the Office of Management 

and Budget (OMB). However, the costs 

of the requirement that accredited 

renovator and dust sampling technician 

training providers submit post-course 

notifications were accounted for in the 

ICR addendum prepared for the final 

RRP rule (Ref. 6). Those costs were 

estimated to be $347,720 in the first year 

that the post-course notification 

requirement is in effect, $67,896 in the 

second year, and $67,489 in the third 

year. The costs for these providers to 

take a digital photograph of each 

trainee, include it in the trainee’s course 

completion certificate, and forward it to 

EPA were estimated to be $2 per trainee 

in the economic analysis for the final 

RRP rule (Ref. 7). The economic analysis 

for the final RRP rule also estimated that 

there would be 235,916 trainees in the 

first year that the accreditation and 

training requirements are in effect, 

78,316 in the second year, and 77,995 in 

the third year. This results in an 

estimated cost for the digital photograph 

requirement of $471,832 in the first 

year, $156,632 in the second year, and 

$155,990 in the third year. 

The costs for accredited lead-based 

paint activities training providers to 

take digital photographs of successful 

trainees and submit them to EPA were 

not directly estimated, because EPA did 

not intend to impose this requirement. 

However, these costs can be calculated 

using the $2 per trainee figure along 

with the annual number of lead-based 

paint activities certification and recertification applications received by 

EPA that was estimated for an economic 

analysis prepared for a separate 

rulemaking (Ref. 8). That economic 

analysis estimated that EPA would 

receive, on an annual basis, 1,534 

certification applications and 626 recertification applications. This results in 

an estimated annual cost for the digital 

photograph requirement for accredited 

lead-based paint activities training 

providers of $4,320. Because this final 

rule eliminates the digital photograph 

requirement for accredited lead-based 

paint activities training providers, this 

amount represents a cost savings. 

B. Paperwork Reduction Act 

This regulatory action does not 

contain any information collection 

requirements that require additional 

approval by OMB under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq. The information collection 

referenced in this final rule (i.e., the 

post-course notification requirement in 

40 CFR 745.225) has already been 

approved by OMB under control 

number 2070–0155 (EPA ICR # 1715.10) 

(Ref. 6). EPA does not believe that this 

final rule has any impact on the existing 

burden estimate or collection 

description, such that additional 

approval by OMB is necessary. 

Burden under PRA means the total 

time, effort, or financial resources 

expended by persons to generate, 

maintain, retain, 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. 

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 codified 

in 40 CFR chapter I, after appearing in 

the preamble of the final rule, 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. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

APA or any other statute unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. 

For purposes of assessing the impacts 

of this final rule on small entities, small 

entity is defined in accordance with 

section 601 of RFA as: 

1. A small business as defined by the 

Small Business Administration’s (SBA) 

regulations at 13 CFR 121.201. 

2. A small governmental jurisdiction 

that is a government of a city, county, 

town, school district, or special district 

with a population of less than 50,000. 

3. A small organization that is any 

not-for-profit enterprise which is 

independently owned and operated and 

is not dominant in its field. 

The impacts of the post-course 

notification requirement on small 

entities who become accredited to 

provide renovator or dust sampling 

technician training courses were 

specifically addressed and accounted 

for during the development of the final 

RRP rule. As provided for in section 605 

of RFA, the post-course notification 

requirements being promulgated in this 

final rule are so closely related to the 

final RRP rule that EPA considers them 

and the analysis prepared and the other 

actions taken by EPA in connection 

with the final RRP rule to be one rule 

for the purposes of sections 603 and 604 

of RFA. Accordingly, in order to avoid 

duplicative action, EPA is relying on the 

analysis EPA prepared for the final RRP 

rule as well as the other actions that 

EPA took in developing the final RRP 

rule to satisfy its obligations under RFA 

for this final rule. 

A description of the Agency’s 

activities pursuant to RFA is found in 

the preamble to the final RRP rule (Ref. 

1 at 21752). Specifically, pursuant to 

section 603 of RFA, EPA prepared an 

initial regulatory flexibility analysis 

(IRFA) for the proposed RRP rule and 

convened a Small Business Advocacy 

Review Panel to obtain advice and 

recommendations of representatives of 

the regulated small entities on a range 

of issues, including training provider 

accreditation. As required by section 

604 of RFA, the Agency also prepared 

a final regulatory flexibility analysis 

(FRFA) for the final RRP rule. The postcourse notification requirements being 

promulgated in this final rule were 

included in costs analyzed in the IRFA 

and the FRFA for the final RRP rule. 

The FRFA also addressed the issues 

raised by public comments on the IRFA. 

As part of that analysis, EPA determined 

that including a digital photograph in 

the notification would not be an added 

cost to training providers because the 

cost would be recouped as part of the 

fee charged for the course. Thus, this 

requirement would not have a 

significant impact on any training 

providers. Accordingly, the impacts of 

the post-course notification 

requirements on small entities that 

become accredited to provide renovator 

or dust sampling technician training 


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Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 34261 

courses have been adequately addressed 

for purposes of RFA. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and Tribal governments and the private 

sector. Under section 202 of UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and Tribal governments, in the 

aggregate, or to the private sector, of 

$100 million or more in any 1 year. 

Before promulgating an EPA rule for 

which a written statement is needed, 

section 205 of UMRA generally requires 

EPA to identify and consider a 

reasonable number of regulatory 

alternatives and adopt the least costly, 

most cost-effective, or least burdensome 

alternative that achieves the objectives 

of the rule. The provisions of section 

205 of UMRA do not apply when they 

are inconsistent with applicable law. 

Moreover, section 205 of UMRA allows 

EPA to adopt an alternative other than 

the least costly, most cost-effective, or 

least burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. Before EPA establishes 

any regulatory requirements that may 

significantly or uniquely affect small 

governments, including Tribal 

governments, it must have developed 

under section 203 of UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

Under Title II of UMRA, EPA has 

determined that this final rule does not 

contain a Federal mandate that may 

result in expenditures that exceed the 

inflation-adjusted UMRA threshold of 

$100 million by State, local, or Tribal 

governments or the private sector in any 

1 year. In addition, this final rule does 

not contain a significant Federal 

intergovernmental mandate as described 

by section 203 of UMRA nor does it 

contain any regulatory requirements 

that might significantly or uniquely 

affect small governments. 

E. Executive Order 13132 

Pursuant to Executive Order 13132, 

entitled Federalism (64 FR 43255, 

August 10, 1999), EPA has determined 

that this final rule does not have 

‘‘federalism implications,’’ because it 

will not have substantial direct effects 

on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government, as 

specified in Executive Order 13132. 

Thus, Executive Order 13132 does not 

apply to this final rule. Nevertheless, in 

the spirit of the objectives of this 

Executive Order, and consistent with 

EPA policy to promote communications 

between the Agency and State and local 

governments, EPA consulted with 

representatives of State and local 

governments during the rulemaking 

process for the RRP rule. These 

consultations are as described in the 

preamble to the 2006 RRP proposed rule 

(Ref. 9). 

F. Executive Order 13175 

As required by Executive Order 

13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (59 FR 22951, November 

9, 2000), EPA has determined that this 

final rule does not have tribal 

implications because it will not have 

substantial direct effects on Tribal 

governments, on the relationship 

between the Federal Government and 

the Indian Tribes, or on the distribution 

of power and responsibilities between 

the Federal Government and Indian 

Tribes, as specified in the Executive 

Order. Thus, Executive Order 13175 

does not apply to this final rule. 

Although Executive Order 13175 does 

not apply to this final rule, EPA 

consulted with Tribal officials and 

others by discussing potential 

renovation regulatory options at several 

national lead program meetings hosted 

by EPA and other interested Federal 

agencies. 

G. Executive Order 13045 

Executive Order 13045, entitled 

Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997) does 

not apply to this final rule because it is 

not an ‘‘economically significant 

regulatory action’’ as defined by 

Executive Order 12866. While the 

environmental health or safety risk 

addressed by the RRP rule does have a 

disproportionate effect on children, this 

final rule merely covers administrative 

requirements for accredited training 

providers and does not directly address 

environmental health or safety risks. 

EPA has evaluated the environmental 

health or safety effects of renovation, 

repair, and painting projects on 

children. Various aspects of this 

evaluation are discussed in the 

preamble to the proposed RRP rule (Ref. 

9). The primary purpose of the final RRP 

rule is to minimize exposure to leadbased paint hazards created during 

renovation, repair, and painting 

activities in housing where children 

under age 6 reside and in housing or 

other buildings frequented by children 

under age 6. In the absence of the final 

RRP rule, adequate work practices are 

not likely to be employed during 

renovation, repair, and painting 

activities. EPA’s analysis indicates that 

there will be approximately 1.4 million 

children under age 6 affected by the 

final RRP rule. These children are 

projected to receive considerable 

benefits due to the final RRP rule. 

H. Executive Order 13211 

This final rule is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211, entitled Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) because it is not likely to have 

any adverse effect on the supply, 

distribution, or use of energy. 

I. National Technology Transfer and 

Advancement Act 

This regulatory action does not 

involve any technical standards that 

would require Agency consideration of 

voluntary consensus standards pursuant 

to section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, 12(d) (15 U.S.C. 272 note). Section 

12(d) of NTTAA directs EPA to use 

voluntary consensus standards in its 

regulatory activities unless to do so 

would be inconsistent with applicable 

law or otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA requires EPA 

to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

J. Executive Order 12898 

Executive Order 12898, entitled 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations (59 FR 7629, February 16, 


srobinson on DSKHWCL6B1PROD with RULES
34262 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 

1994) establishes Federal executive 

policy on environmental justice. Its 

main provision directs Federal agencies, 

to the greatest extent practicable and 

permitted by law, to make 

environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

While EPA has not assessed the 

potential impact of this final rule on 

minority and low-income populations, 

EPA did assess the potential impact of 

the final RRP rule as a whole. As a result 

of the final RRP rule assessment, 

contained in the economic analysis for 

the final RRP rule, EPA has determined 

that the final RRP rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it increases the level of 

environmental protection for all affected 

populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

minority or low-income population (Ref. 

7). 

IV. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This rule is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 745 

Environmental protection, Childoccupied facility, Housing renovation, 

Lead, Lead-based paint, Renovation, 

Reporting and recordkeeping 

requirements. 

Dated: July 7, 2009. 

Lisa Jackson, 

Administrator. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 745—[AMENDED] 

■ 1. The authority citation for part 745 

continues to read as follows: 

Authority: 15 U.S.C. 2605, 2607, 2681– 

2692 and 42 U.S.C. 4852d. 

■ 2. Section 745.225 is amended by 

revising paragraphs (c)(14) introductory 

text, (c)(14)(i), (c)(14)(ii)(D) (6), and 

(c)(14)(iii) to read as follows: 

§ 745.225 Accreditation of training 

programs: target housing and childoccupied facilities. 

* * * * * 

(c) * * * 

(14) The training manager must 

provide notification following 

completion of renovator, dust sampling 

technician, or lead-based paint activities 

courses. 

(i) The training manager must provide 

EPA notification after the completion of 

any renovator, dust sampling 

technician, or lead-based paint activities 

course. This notice must be received by 

EPA no later than 10 business days 

following course completion. 

(ii) * * * 

(D) * * * 

(6) For renovator or dust sampling 

technician courses only, a digital 

photograph of the student. 

* * * * * 

(iii) Notification must be 

accomplished using any of the following 

methods: Written notification, or 

electronically using the Agency’s 

Central Data Exchange (CDX). Written 

notification following training courses 

can be accomplished by using either the 

sample form, entitled Post-Training 

Notification or a similar form containing 

the information required in paragraph 

(c)(14)(ii) of this section. All written 

notifications must be delivered by U.S. 

Postal Service, fax, commercial delivery 

service, or hand delivery (persons 

submitting notification by U.S. Postal 

Service are reminded that they should 

allow 3 additional business days for 

delivery in order to ensure that EPA 

receives the notification by the required 

date). Instructions and sample forms can 

be obtained from the NLIC at 1–800– 

424–LEAD (5323), or on the Internet at 

http://www.epa.gov/lead. 

* * * * * 

[FR Doc. E9–16814 Filed 7–14–09; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–1495; MB Docket No. 09–71; RM– 

11533] 

Television Broadcasting Services; St. 

Paul, MN 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by Twin 

Cities Public Television, Inc., the 

permittee of KTCI–TV, post-transition 

digital channel *26, St. Paul, Minnesota, 

requesting the substitution of DTV 

channel *23 for channel *26 at St. Paul. 

DATES: This rule is effective July 15, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Joyce L. Bernstein, Media Bureau, (202) 

418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 09–71, 

adopted June 30, 2009, and released July 

1, 2009. The full text of this document 

is available for public inspection and 

copying during normal business hours 

in the FCC’s Reference Information 

Center at Portals II, CY–A257, 445 12th 

Street, SW., Washington, DC 20554. 

This document will also be available via 

ECFS (http://www.fcc.gov/cgb/ecfs/). 

(Documents will be available 

electronically in ASCII, Word 97, and/ 

or Adobe Acrobat.) This document may 

be purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street, SW., 

Room CY–B402, Washington, DC 20554, 

telephone 1–800–478–3160 or via e-mail 

http://www.BCPIWEB.com. To request 

this document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 


srobinson on DSKHWCL6B1PROD with RULES