Federal Register / Vol. 69, No. 68 / Thursday, April 8, 2004 / Rules and Regulations 18489 

* * * * * 

[FR Doc. 04–7979 Filed 4–7–04; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 745 

[OPPT–2003–0061; FRL–7341–5] 

RIN 2070–AD31 

Lead; Notification Requirements for 

Lead-Based Paint Abatement Activities 

and Training 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Under the authority of section 

407 of the Toxic Substances Control Act 

(TSCA), as amended by the Residential 

Lead-Based Paint Hazard Reduction Act 

of 1992, also known as ‘‘Title X (ten),’’

EPA is issuing this final rule to establish 

notification procedures for certified lead 

abatement professionals conducting 

lead-based paint abatement activities, 

and accredited training programs 

providing lead-based paint activities 

courses. Specifically, this rule 

establishes the procedures that must be 

used to provide notification to EPA 

prior to the commencement of leadbased paint abatement activities. This 

rule also establishes provisions that 

require accredited training programs to 

notify EPA under the following 

conditions: Prior to providing initial or 

refresher lead-based paint activities 

training courses; and following 

completion of lead-based paint activities 

training courses. These notification 

requirements are necessary to provide 

EPA compliance monitoring and 

enforcement personnel with information 

necessary to track lead-based paint 

abatement and training activities, and to 

prioritize compliance inspections. This 

rule will help to prevent lead poisoning 

in children under the age of 6 by 

supporting EPA’s implementation of the 

mandate in Title X to ensure that lead 

professionals involved in inspecting, 

assessing or removing lead-based paint, 

dust or soil are trained and certified to 

conduct these activities. This rule 

applies only in States and Tribal areas 

that do not have authorized programs 

pursuant to 40 CFR 745.324. 

DATES: This final rule is effective on 

May 10, 2004. 

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; telephone number: (202) 

554–1404; e-mail address: TSCAHotline@epa.gov. 

For technical information contact: 

Mike Wilson, National Program 

Chemicals Division (7404T), Office of 

Pollution Prevention and Toxics, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: (202) 

566–0521; e-mail address: 

wilson.mike@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you operate a training 

program required to be accredited under 

40 CFR 745.225, or if you are a firm 

which must be certified to conduct leadbased paint abatement activities in 

accordance with 40 CFR 745.226. 

Specifically, the procedure for 

notification of the commencement of 

lead-based paint abatement activities 

applies to the certified firm conducting 

lead-based paint abatement activities. 

The procedure for notification of leadbased paint activities training courses 

applies to the training manager of an 

accredited training program. This rule 

applies only in States and Indian Tribes 

that do not have authorized programs 

pursuant to 40 CFR 745.324. For further 

information regarding the authorization 

status of States and Indian Tribes 

contact the National Lead Information 

Center (NLIC) at 1–800–424–

LEAD(5323). Potentially affected 

categories and entities may include, but 

are not limited to: 

• Lead abatement professionals 

(NAICS 562910); firms and supervisors 

engaged in lead-based paint activities 

• Training programs (NAICS 

611519); training programs providing 

training services in lead-based paint 

activities 

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 or not this action applies to 

certain entities. To determine whether 

you or your business is affected by this 

action, you should carefully examine 

the applicability provisions in 40 CFR 

part 745. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the 

technical person listed underFOR

FURTHER INFORMATION CONTACT. 

B. How Can I Get Additional 

Information, Including Copies of this 

Document or Other Related Documents? 

1. Docket. EPA has established an 

official public docket for this action 

under docket identification (ID) number 

OPPT–2003–0061 (legacy number 

OPPT–62165). 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 obtain 

electronic copies of this document, and 

certain other related documents that 

might be available electronically, from 

the EPA Internet Home Page at http:// 

www.epa.gov/. To access this document, 

on the Home Page select ‘‘Laws and 

Regulations,’’ ‘‘Regulations and 

Proposed Rules,’’ and then look up the 

entry for this document under 

the‘‘Federal Register--Environmental 

Documents.’’ You can also go directly to 

the Federal Register listings at http:// 

www.epa.gov/fedrgstr/. A frequently 

updated electronic version of 40 CFR 

part 745 is available at http:// 

www.access.gpo.gov/nara/cfr/ 

cfrhtml_00/Title_40/40cfr745_00.html, a 

beta site currently under development. 

To access information about lead-based 

paint and the Lead Program, go directly 

to the Home Page at http:// 

www.epa.gov/lead. 

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 

18490 Federal Register / Vol. 69, No. 68 / Thursday, April 8, 2004 / Rules and Regulations 

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. 

II. Introduction 

A. What is the Agency’s Authority for 

Taking this Action? 

EPA is issuing this final rule under 

the authority of TSCA section 407, 15 

U.S.C. 2687. Section 407 states that 

regulations of the Administrator under 

Subchapter IV of TSCA shall include 

such recordkeeping and reporting 

requirements as may be necessary to 

ensure effective implementation. EPA 

regulations under Subchapter IV of 

TSCA include lead-based paint 

activities regulations, which this final 

rule amends, codified at 40 CFR part 

745, subpart L. 

B. Why is the Agency Taking this 

Action? 

The requirements in this final rule 

provide EPA compliance monitoring 

and enforcement personnel with 

information necessary to track leadbased paint abatement and training 

activities, and to prioritize compliance 

inspections. The objective of the rule is 

to ensure that a workforce of qualified 

and properly trained firms and 

individuals can assist in the elimination 

of hazards associated with lead-based 

paint. Providing a quality workforce of 

this type will ensure that individuals 

and firms will conduct lead-based paint 

activities in a way that safeguards the 

environment and protects human 

health, specifically, the health of 

building occupants (especially children 

under 6 years of age) and the workers 

themselves. 

C. How Does this Action Fit into EPA’s 

Overall Lead Program? 

The Residential Lead-Based Paint 

Hazard Reduction Act of 1992 (Title X) 

amended TSCA by adding a new Title 

IV. Several sections of Title X directed 

EPA to promulgate regulations aimed at 

fulfilling the purposes of Title X. These 

include TSCA section 402, Lead-Based 

Paint Activities Training and 

Certification, which directs EPA to 

promulgate regulations to govern the 

training and certification of individuals 

engaged in lead-based paint activities, 

the accreditation of training programs, 

and the establishment of standards for 

conducting lead-based paint activities. 

TSCA section 404 requires that EPA 

establish procedures for States seeking 

to establish their own programs for leadbased paint activities. On August 29, 

1996, EPA promulgated a final rule 

under TSCA sections 402 and 404 titled 

Lead; Requirements for Lead-Based 

Paint Activities in Target Housing and 

Child-Occupied Facilities (61 FR 45778). 

The rule is codified at 40 CFR part 745, 

subparts L and Q. 

One of the standards EPA developed 

for performing lead-based paint 

activities, codified at 40 CFR 

745.227(e)(4), requires notification to 

EPA prior to the commencement of 

lead-based paint abatement activities in 

a residential dwelling, or childoccupied facility, or as a result of a 

Federal, State, Tribal, or local order. 

However, 40 CFR 745.227(e)(4) did not 

detail specific notification procedures. 

This final rule includes such 

procedures. 

This final rule also requires training 

programs accredited under 40 CFR 

745.225 to notify EPA prior to providing 

initial and refresher lead-based paint 

activities courses and to provide certain 

information after the completion of a 

training course. Currently, accredited 

training programs are asked to 

voluntarily notify EPA prior to offering 

a lead-based paint activities course. To 

provide consistency in this reporting, 

this final rule clearly defines the 

information needed by the Agency and 

when it must be provided. 

The notification requirements for 

lead-based paint abatement activities 

and training courses in this final rule 

will assist significantly in the 

implementation and enforcement of 

lead-based paint activities regulations 

codified at 40 CFR part 745, subpart L. 

The notification provisions will help to 

assure compliance by facilitating 

observation of abatement activities and 

training by EPA compliance monitoring 

and enforcement personnel. 

D. Summary of Proposed Rule and 

Public Comments. 

On January 22, 2001, EPA issued a 

proposed rule (66 FR 7208) (FRL–6764–

7) seeking to establish notification 

procedures, in those States and 

Federally recognized Tribal 

jurisdictions without authorized 

programs, for certified lead abatement 

professionals conducting lead-based 

paint abatement activities, and 

accredited training programs providing 

lead-based paint activities courses. 

Specifically, the proposal introduced 

procedures for providing notification to 

EPA prior to the commencement of 

lead-based paint abatement activities. 

The proposal also introduced provisions 

which would require accredited training 

programs to notify EPA under the 

following conditions: (1) Prior to 

providing lead-based paint activities 

training courses; and (2) following 

completion of lead-based paint activities 

training courses. 

In response to the proposal, EPA 

received 11 comments. The largest 

number of responses was received from 

trainers and public educators (5 of the 

responses). Other commenters included 

government agencies (2 of the 

responses), a representative of a 

municipality, and a national 

organization representing demolition 

contractors. A summary of all comments 

received, and EPA’s responses, may be 

found in the Response to Comments 

document which is available for public 

review in the TSCA Docket for this 

rulemaking (see Unit I.B.). 

The majority of the comments raised 

concerns regarding the time periods 

allotted for notification of both leadbased paint abatement activities and 

associated training. Specific areas of 

concern included: (1) Time period for 

initial notification; (2) time period for 

notification of delayed start date; (3) 

time period for notification of 

cancellation or other significant 

changes; (4) emergency notification 

requirements; (5) which businesses 

must provide notification and who must 

sign the notification; and (6) purpose 

and use of information collected. Major 

comments are discussed in Unit III., and 

remaining comments are discussed in 

the Response to Comments document. 

III. Final Rule Provisions 

A. What are the Requirements for 

Notification of Lead-based Paint 

Abatement Activities? 

This final rule requires firms certified 

under 40 CFR 745.226 to provide 

notification to the Agency prior to 

conducting lead-based paint abatement 

activities. The original notice must be 

received by the Agency at least 5 

business days prior to the start of leadbased paint abatement activities. An 

abbreviated notification period is 

provided for lead-based paint abatement 

activities conducted in response to an 

elevated blood lead level (EBL) 

determination and/or a Federal, State, 

Tribal, or local emergency abatement 

order, where the firm is unable to 

comply with the standard notification 

period due to the necessity for an 

expeditious response to such event. If 

lead-based paint abatement activities are 

expected to begin on a date other than 

that specified in the original notice or if 

the other reported information changes, 

an updated notice is required. The 

notice must include the following: 

1. Notification type (original, updated, 

cancellation). 

2. Date when lead-based paint 

abatement activities will start. 

Federal Register / Vol. 69, No. 68 / Thursday, April 8, 2004 / Rules and Regulations 18491 

3. Date when lead-based paint 

abatement activities will end 

(approximation using best professional 

judgement). 

4. Firm’s name, EPA certification 

number, address, telephone number. 

5. Type of building (e.g., single family 

dwelling, multi-family dwelling, childoccupied facilities) on/in which 

abatement work will be performed. 

6. Property name (if applicable). 

7. Property address including 

apartment or unit number(s) (if 

applicable) for abatement work. 

8. Documentation showing evidence 

of an EBL determination or a copy of the 

Federal/State/Tribal/local emergency 

abatement order, if using the 

abbreviated time period. 

9. Name and EPA certification 

number of the project supervisor. 

10. Approximate square footage/ 

acreage to be abated. 

11. Brief description of abatement 

activities to be performed. 

12. Name, title, and signature of the 

representative of the certified firm who 

prepared the notification. 

Notification must be accomplished 

using any of the following methods: 

written notification, or electronically 

using the Agency’s Central Data 

Exchange (CDX). Written notification 

can be accomplished using either the 

sample form titled Notification of LeadBased Paint Abatement Activities or 

similar form containing the required 

information. All written notifications 

must be delivered by U.S. Postal 

Service, fax, commercial delivery 

service, or hand delivery. 

B. What are the Requirements for 

Notification of Lead-based Paint 

Activities Training? 

This final rule requires training 

programs accredited under 40 CFR 

745.225 to provide notification to the 

Agency prior to conducting lead-based 

paint activities courses. The original 

notice must be received by the Agency 

at least 7 business days prior to the start 

of a lead-based paint activities course. 

An updated notice is required if the 

starting date for a lead-based paint 

activities course is changed to a date 

other than that specified in the original 

notice or if the other reported 

information changes. The notice must 

include the following: 

1. Notification type (original, update, 

cancellation). 

2. Training program name, EPA 

accreditation number, address, and 

telephone number. 

3. Course discipline, type (initial/ 

refresher), and the language in which 

instruction will be given. 

4. Date(s) and time(s) of training. 

5. Training location(s) telephone 

number, and address. 

6. Principal instructor’s name. 

7. Training manager’s name and 

signature. 

Training programs must also provide 

notice to the Agency following 

completion of a lead-based paint 

activities course. This notice must be 

provided to the Agency within 10 

business days of course completion. 

This notice must include the following: 

1. Training program name, EPA 

accreditation number, address, and 

telephone number. 

2. Course discipline and type (initial/ 

refresher). 

3. Date(s) of training. 

4. The following information for each 

student who took the course: 

a. Name. 

b. Address. 

c. Date of birth. 

d. Course completion certificate 

number. 

e. Course test score. 

f. Training manager’s name and 

signature. 

Notification must be accomplished 

using any of the following methods: 

Written notification, or electronically 

using the Agency’s Central Data 

Exchange (CDX). Written notification of 

lead-based paint activities course 

schedules can be accomplished by using 

either the appropriate sample form 

provided by EPA or a similar form 

containing the required information. All 

written notifications must be delivered 

by U.S. Postal Service, fax, commercial 

delivery service, or hand delivery. 

C. What Changes Were Made in the 

Final Rule? 

In light of the public’s comments, 

EPA has carefully reviewed the 

proposed rulemaking and has made 

certain modifications in the final rule. 

The following is a brief description of 

the most significant changes adopted in 

response to public comment on the 

proposal. Further information regarding 

comments received or EPA’s response 

can be reviewed in the Response to 

Comments document available for 

public review in the public docket 

described in Unit I.B.1. With the 

exception of these and additional minor 

editorial changes, the final rule is as 

proposed on January 22, 2001. The 

following discussion describes the 

changes. 

1. Time period for initial abatement 

notification. EPA received comments 

expressing concern that the proposed 10 

business day initial notification may 

hamper some abatement processes, 

including the ability of lead abatement 

firms to respond quickly to work 

demands. 

Upon review, EPA has modified the 

initial notification period. The final rule 

includes a 5 business day initial 

notification period for lead-based paint 

abatement activities. EPA believes that 

the 5 business day notification period 

adequately addresses the concerns of 

the commenters while providing EPA 

with enough time to enable enforcement 

and compliance assistance personnel to 

adequately oversee abatement activities. 

Specifically, a 5–day notification period 

provides EPA sufficient time to perform 

activities such as processing the 

notification, making a determination of 

whether a compliance inspection is 

needed, preparing a travel 

authorization, providing a preinspection notification, performing a 

preliminary compliance review, and 

completing travel arrangements. 

2. Time period for notification of 

delayed start date. EPA received 

comments regarding the proposed 

requirement that, if the project start date 

was to be delayed, notification would be 

provided to EPA 2 business days prior 

to the original start date. A commenter 

pointed out that it would be impossible 

to provide notification to EPA 2 

business days prior to the original start 

date if issues regarding commencement 

of work arose on the day that work 

begins (e.g., lack of access to the work 

site). 

EPA agrees that circumstances can 

arise on the project start date which 

delay work. Therefore, the final rule 

requires that notification of delayed 

lead-based paint abatement start dates 

be received by EPA on or before the 

original start date. 

3. Time period for notification of 

cancellation or other significant 

changes. EPA received comments 

regarding the proposed requirement 

that, where abatement activities are 

canceled or other significant changes 

occur, EPA be notified 2 business days 

prior to the original start date. The 

commenters pointed out that it is 

impossible to update EPA regarding 

significant changes to the abatement 

project 2 days before the start date when 

the changes occur during the project. 

Upon further review EPA agrees that 

providing cancellation or updated 

information 2 business days prior to the 

original start date in some cases could 

prove impossible. Therefore, the final 

regulation requires that notification of 

cancellation of lead-based paint 

activities be received by EPA on or 

before the original start date. In 

addition, any other required information 

updates must be received by EPA on or 

before the original start date, and where 

work has begun, within 24 hours of the 

change. 

18492 Federal Register / Vol. 69, No. 68 / Thursday, April 8, 2004 / Rules and Regulations 

4. Certified supervisor’s signature on 

the notification. A commenter asked 

why a certified supervisor must sign an 

abatement notification. 

EPA has an interest in verifying that 

the project will be overseen by a 

certified supervisor as required by the 

regulation; however, on re-examination 

in light of the commenter’s question, 

EPA believes that the notification itself 

need not be signed by a certified 

supervisor. EPA has modified the 

requirement in the final rule to indicate 

that a representative of the firm may 

sign the notification document. EPA 

also added a requirement that the name 

and certification number of the 

supervisor overseeing the project be 

included in the notification. 

5. Time period for initial training 

notification. EPA received a comment 

regarding the time period for initial 

training notification. The commenter 

expressed concern that a 10 business 

day notification could hamper the 

ability of firms and individuals in the 

lead-based paint abatement field to 

obtain training quickly. 

EPA is concerned that the proposed 

10 business day notification period 

could prevent individuals from 

obtaining timely lead-based paint 

activities training. The final rule is 

modified to include a 7 business day 

initial notification period for lead-based 

paint activities training. This 

notification period provides EPA time to 

perform activities such as: Processing 

the notification, making a determination 

of whether a compliance inspection is 

needed, preparing a travel 

authorization, providing a preinspection notification, performing a 

preliminary compliance review, and 

completing travel arrangements. This 

notification period differs from 

abatement because compliance 

personnel often observe training in its 

entirety which necessitates an early 

arrival, whereas they will routinely 

monitor only a portion of an abatement 

project. 

6. Student information. EPA received 

a comment that a student’s date of birth 

should be provided to EPA following 

training rather than their social security 

number. The commenter stated that 

trainees are often reluctant to provide 

valid social security numbers, and 

believes that a date of birth would be as 

reliable an indicator of the student’s 

identity as their social security number. 

EPA agrees that a student’s date of 

birth in conjunction with other required 

information is a reliable indicator of the 

student’s identity. Therefore, the final 

regulation eliminates the requirement 

that training programs provide student’s 

social security numbers and instead 

requires that a student’s date of birth be 

reported. 

7. Requirement to follow e-mail 

notification with written notification. 

EPA received comments regarding the 

requirement to follow e-mail 

notification with written notification. 

The commenters indicated that e-mail 

notification should be sufficient, and 

that a follow-up written notification 

would be redundant and increase the 

paperwork burden of both government 

and industry. 

EPA plans to use its Central Data 

Exchange (CDX) to receive electronic 

notification submitted to satisfy the 

requirements of this regulation. One of 

the basic purposes of the CDX system is 

to provide a method of electronic 

signature verification, which eliminates 

the need for a follow-up written 

notification after an e-mail notification 

is provided. Therefore, where a 

submission is provided electronically 

via the Agency’s CDX system, follow-up 

written notice is not required. 

8. Ability to use other forms if 

information is the same. EPA received 

comments regarding the use of forms, 

other than the sample forms developed 

by EPA, containing the information 

specified in the proposal. Both 

commenters suggest EPA minimize 

respondent burden by allowing the use 

of other forms as long as they provide 

the same information required under the 

EPA rule. 

EPA agrees that allowing alternative 

forms can reduce respondent burden 

and agrees that other forms should be 

allowed to be used if they contain the 

information required by EPA. The final 

rule allows the use of alternative forms 

that contain the information required by 

EPA. 

9. Terminology. EPA received a 

comment that the use of the terms 

‘‘project start date’’ and ‘‘original start 

date’’ were confusing. 

EPA agreed and introduced new terms 

and definitions for ‘‘start date’’ and 

‘‘start date provided to EPA’’ which 

clarify these requirements. In addition, 

EPA removed the definition of ‘‘lead 

abatement professional’’ because the 

term was not introduced in the 

regulatory text. 

D. How Do I Obtain Notification 

Instructions and Sample Forms? 

Instructions and sample forms can be 

obtained from the National Lead 

Information Center at 1–800–424–

LEAD(5323), or on the Internet at 

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

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 final 

rule is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget (OMB) 

under Executive Order 12866, because 

this action does not meet any of the 

criteria for a ‘‘significant regulatory 

action’’ under section 3(f) of Executive 

Order 12866. 

The costs for the first year of 

implementation are estimated to be 

approximately $440,000, decreasing to 

an average annual estimated cost of 

approximately $395,000 in subsequent 

years. For additional information about 

these estimated costs, please refer to the 

document titled Information Collection 

Request (ICR) Supporting Statement for 

a Proposed Addendum to EPA ICR No. 

1715 titled TSCA §402/404 Training 

and Certification, Accreditation, and 

Standards for Lead-Based Paint 

Activities (hereinafter the ICR 

Addendum (EPA ICR No. 1715.03)). 

This document, identified as EPA ICR 

No. 1715.03, is an addendum to the 

existing ICR. A copy is available in the 

public docket described in Unit I.B.1. 

B. Paperwork Reduction Act 

The information collection 

requirements contained in this final rule 

have been approved by OMB under the 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501 et seq., and assigned OMB 

control number 2070–0155. A copy of 

the Information Collection Request (ICR) 

document (EPA ICR No. 1715.05) has 

been placed in the public docket 

described in Unit I.B.1. 

The information requirements 

contained in this rule are not effective 

until promulgation and OMB approval, 

which is represented by a currently 

valid OMB control number. An Agency 

may not conduct or sponsor and a 

person is not required to respond to a 

collection of information subject to 

OMB approval under the PRA unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in Title 40 of the CFR, 

after initial publication in the Federal 

Register and inclusion on the collection 

instruments, are maintained in a list at 

40 CFR part 9. 

The final rule contains the following 

information collection requirements 

subject to the PRA that impose 

paperwork burdens: (1) Reading and 

interpreting the final rule; (2) the 

notification of lead-based paint 

Federal Register / Vol. 69, No. 68 / Thursday, April 8, 2004 / Rules and Regulations 18493 

abatement activities; (3) the notification 

of lead-based paint activities training 

courses; and (4) the notification 

following completion of lead-based 

paint activities training courses. The 

total paperwork burdens are estimated 

to be 21,254 total hours for the first year 

of implementation, and 19,048 hours 

annually in subsequent years. 

Under the PRA, ‘‘burden’’ 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. 

C. Regulatory Flexibility Act 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), EPA hereby certifies 

that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

The factual basis for EPA’s 

determination, which is summarized 

here, is based on the small entity impact 

analysis prepared as part of the 

Regulatory Impact Analysis (RIA) for the 

1996 Lead Abatement Training and 

Certification Final Rule (61 FR 45778). 

EPA assessed the potential small entity 

impacts of the notification requirement 

that was contained in the 1996 final rule 

as part of the economic analysis that 

was prepared for that rulemaking, a 

copy of which is available in the public 

docket described in Unit I.B.1. In 

addition, EPA has estimated the impacts 

of the procedural requirements 

contained in this rule, which are 

presented in the ICR Addendum (EPA 

ICR No. 1715.03). 

In considering the potential small 

entity impacts of this final rule, EPA 

believes that its previous determination 

regarding the Lead Abatement Training 

and Certification Final Rule is not 

affected by the notification procedures 

contained in this final rule. Based on 

the estimated total costs of this final 

rule as presented in the ICR Addendum 

(EPA ICR No. 1715.03), EPA has 

determined that this rulemaking is not 

likely to result in a significant economic 

impact on a substantial number of small 

entities. In general, EPA strives to 

minimize potential adverse impacts on 

small entities when developing 

regulations to achieve the 

environmental and human health 

protection goals of the statute and EPA. 

For the purpose of analyzing the 

potential impacts of this final rule on 

small entities, EPA used the definition 

for small entities that is found in section 

601 of the RFA. Under section 601, 

‘‘small entity’’ is defined as: (1) A small 

business that meets Small Business 

Administration (SBA) size standards 

codified 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; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. The SBA size 

standards for the small businesses 

potentially affected by this final rule is 

500 employees or less for lead 

abatement firms whose primary activity 

is classified as environmental 

remediation (NAICS code 562910), and 

revenues of $5 million or less for firms 

that are accredited to provide lead-based 

paint training (NAICS code 611519). 

This rule only applies in those States 

and Tribes that do not have authorized 

programs pursuant to 40 CFR 745.324, 

and then only applies if that State or 

Tribe chooses to seek certification to 

perform lead abatement activities or 

accreditation to provide lead training. 

As such, small governmental 

jurisdictions are only impacted if there 

is not a State or Tribe authorized 

program and then only if the small 

governmental entity chooses to seek 

certification to perform lead abatement 

activities or accreditation to provide 

lead training on their own. To estimate 

potential impacts on small governments, 

EPA estimated that in the first year of 

implementation there could be 

approximately 15.36 abatement 

notifications per firm and 17.93 training 

provider notifications per provider. In 

subsequent years, the number of 

training provider notifications are 

expected to decrease to four each year 

per provider. 

Small businesses are only impacted if 

there is not a State or Tribe authorized 

program in their State, and then only if 

they seek certification to perform lead 

abatement activities or accreditation to 

provide lead training. EPA estimates 

that there could be approximately 15.36 

notifications per firm each year, and 

approximately 4,000 firms. 

The estimated average cost per 

notification for abatement firms is 

approximately $5, with an estimated 

total cost per entity of approximately 

$75 annually. The estimated average 

cost per notification for training 

providers is approximately $32, with an 

estimated total cost per entity of 

approximately $298 in the first year and 

approximately $67 in subsequent years. 

EPA believes that the impact of these 

costs would be proportional for both 

small and large firms, and that the 

impacts may be slightly lower for small 

governmental jurisdictions that seek 

EPA certification as an abatement firm 

or EPA accreditation as a training 

provider due to lower wage rates and 

overhead expenses. Overall, EPA 

believes that these costs would not 

result in a significant economic impact 

on affected small entities. 

Small non-profit organizations are 

only impacted if they seek certification 

to perform lead abatement activities or 

accreditation to provide lead training on 

their own. Although EPA believes that 

non-profit organizations may seek 

certification, EPA does not have 

sufficient information about these 

organizations or their intentions 

regarding certification or accreditation. 

Nevertheless, given the low costs for 

notification and the relatively small 

number of non-profit organizations, EPA 

does not believe that this affects EPA’s 

determination that this rule is not 

expected to have a significant economic 

impact on a substantial number of small 

entities. 

D. Unfunded Mandates Reform Act 

Pursuant to Title II of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(Public Law No. 104–4), EPA has 

determined that this regulatory action 

does not contain a Federal mandate that 

may result in expenditures of $100 

million or more for State, local, and 

tribal governments, in the aggregate, or 

the private sector in any 1 year. This 

final rule applies only in States and 

Indian Tribes that do not have 

authorized programs pursuant to 40 CFR 

745.324, and then only applies to those 

States and Indian Tribes who choose to 

seek certification to perform lead 

abatement activities or accreditation to 

provide lead training. As such, the rule 

will not impose an enforceable duty on 

any State, local or Tribal governments. 

Since, this final rule is estimated to cost 

approximately $439,573 in the first year 

of implementation, and $395,157 

annually in subsequent years, it is not 

expected to result in expenditures by 

the private sector of $100 million or 

more in any given year. As a result, the 

UMRA requirements in sections 202, 

204, and 205 do not apply to this final 

rule. 

18494 Federal Register / Vol. 69, No. 68 / Thursday, April 8, 2004 / Rules and Regulations 

This rule contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. 

Therefore, no action is needed under 

section 203 of the UMRA. 

E. Executive Order 13132 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that 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.’’

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. This final rule 

applies only in States that do not have 

authorized programs pursuant to 40 CFR 

745.324, and then only applies to those 

States who choose to seek certification 

to perform lead abatement activities or 

accreditation to provide lead training. 

Although section 6 of Executive Order 

13132 does not apply to this rule, EPA 

consulted with the States at meetings of 

the Forum on State and Tribal Toxics 

Action and the annual EPA meeting 

with State Lead Program 

representatives. 

F. Executive Order 13175 

This rule does not significantly or 

uniquely affect the communities of 

Indian tribal governments, because this 

final rule applies only in Indian Tribes 

that do not have authorized programs 

pursuant to 40 CFR 745.324, and then 

only applies to those Indian Tribes who 

choose to seek certification to perform 

lead abatement activities or 

accreditation to provide lead training. 

Accordingly, the requirements of 

section 3(b) of Executive Order 13084, 

entitled Consultation and Coordination 

with Indian Tribal Governments (63 FR 

276755, May 19, 1998), do not apply to 

this rule. Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000), which took 

effect on January 6, 2001, revokes 

Executive Order 13084 as of that date. 

EPA developed this rulemaking, 

however, during the period when 

Executive Order 13084 was in effect; 

thus, EPA addressed tribal 

considerations under Executive Order 

13084. For the same reasons stated for 

Executive Order 13084, the 

requirements of Executive Order 13175 

do not apply to this rule either. 

G. Executive Order 13045 

Executive Order 13045, entitled 

Protection of Children from 

Environmental Health Risks and Safety 

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

applies to any rule that (1) is 

economically significant as defined 

under OMB’s guidance related to 

section 3(f)(1) of Executive Order 12866, 

and (2) addresses an environmental 

health or safety risk that EPA has reason 

to believe has a disproportionate effect 

on children. If the regulatory action 

meets both criteria, EPA must evaluate 

the environmental health or safety 

effects of the planned rule on children; 

and explain why the planned regulation 

is preferable to other potentially 

effective and reasonably feasible 

alternatives considered by EPA. 

This rule is not subject to Executive 

Order 13045 because it is not an 

‘‘economically significant regulatory 

action’’ as defined by Executive Order 

12866 (see Unit IV.A.). Although this 

final rule is associated with EPA’s 

overall lead-based paint management 

program which is designed to reduce 

health risks to children, this rule itself 

simply establishes an Agency 

notification procedure and does not 

directly address environmental health 

or safety risk. This final rule does, 

however, help to further EPA’s efforts to 

prevent lead poisoning in children 

under the age of 6 by supporting EPA’s 

implementation of the mandate in Title 

X, which requires that lead 

professionals involved in inspecting, 

assessing or removing lead-based paint, 

dust or soil be trained and certified to 

conduct these activities. 

H. Executive Order 13211 

This rule is not subject to Executive 

Order 13211, entitled Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001), because this action is not 

expected to affect energy supply, 

distribution, or use. 

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 No. 

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, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. The NTTAA requires 

EPA to provide Congress, through OMB, 

explanations when EPA decides not to 

use available and applicable voluntary 

consensus standards. EPA invites 

comment on the potential use of 

voluntary consensus standards in this 

rulemaking, and, specifically, invites 

the public to identify potentially 

applicable consensus standard(s) and to 

explain why such standard(s) should be 

used here. 

J. Executive Order 12898 

Pursuant to Executive Order 12898, 

entitled Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994), EPA has considered 

environmental justice related issues 

with regard to the potential impacts of 

this action on the environmental and 

health conditions in low-income and 

minority communities. EPA’s analysis 

has determined that this final action has 

no disproportionate impact on minority 

or low-income populations. 

K. Executive Order 12630 

EPA has complied with Executive 

Order 12630, entitled Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights (53 FR 8859, March 15, 1988), by 

examining the takings implications of 

this rule in accordance with the 

Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings issued under the Executive 

Order. 

L. Executive Order 12988 

In issuing this final rule, EPA has 

taken the necessary steps to eliminate 

drafting errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988, entitled Civil Justice Reform (61 

FR 4729, February 7, 1996). 

V. Congressional Review Act 

The Congressional Review Act, 5 

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

Federal Register / Vol. 69, No. 68 / Thursday, April 8, 2004 / Rules and Regulations 18495 

that before a rule may take effect, the 

Agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, 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, Fees, 

Hazardous substances, Lead poisoning, 

Reporting and recordkeeping 

requirements. 

Dated: March 31, 2004. 

Michael O. Leavitt, 

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, 2615, 

2681–2692, and 42 U.S.C. 4852d. 

■ 2. Section 745.223 is amended by 

alphabetically adding the following 

definitions to read as follows: 

§ 745.223 Definitions. 

* * * * * 

Business day means Monday through 

Friday with the exception of Federal 

holidays. 

* * * * * 

Lead-based paint activities courses 

means initial and refresher training 

courses (worker, supervisor, inspector, 

risk assessor, project designer) provided 

by accredited training programs. 

* * * * * 

Start date means the first day of any 

lead-based paint activities training 

course or lead-based paint abatement 

activity. 

Start date provided to EPA means the 

start date included in the original 

notification or the most recent start date 

provided to EPA in an updated 

notification. 

* * * * * 

Training provider means any 

organization or entity accredited under 

§ 745.225 to offer lead-based paint 

activities courses. 

* * * * * 

■ 3. Section 745.225 is amended by 

adding paragraphs (c)(13) and (c)(14) 

and revising paragraph (e)(5)(vi) to read 

as follows: 

§ 745.225 Accreditation of training 

programs: target housing and childoccupied facilities. 

* * * * * 

(c) * * * 

(13) The training manager must 

provide notification of lead-based paint 

activities courses offered. 

(i) The training manager must provide 

EPA with notification of all lead-based 

paint activities courses offered. The 

original notification must be received by 

EPA at least 7 business days prior to the 

start date of any lead-based paint 

activities course. 

(ii) The training manager must 

provide EPA updated notification when 

lead-based paint activities courses will 

begin on a date other than the start date 

specified in the original notification, as 

follows: 

(A) For lead-based paint activities 

courses beginning prior to the start date 

provided to EPA, an updated 

notification must be received by EPA at 

least 7 business days before the new 

start date. 

(B) For lead-based paint activities 

courses beginning after the start date 

provided to EPA, an updated 

notification must be received by EPA at 

least 2 business days before the start 

date provided to EPA. 

(iii) The training manager must 

update EPA of any change in location of 

lead-based paint activities courses at 

least 7 business days prior to the start 

date provided to EPA. 

(iv) The training manager must update 

EPA regarding any course cancellations, 

or any other change to the original 

notification. Updated notifications must 

be received by EPA at least 2 business 

days prior to the start date provided to 

EPA. 

(v) Each notification, including 

updates, must include the following: 

(A) Notification type (original, update, 

cancellation). 

(B) Training program name, EPA 

accreditation number, address, and 

telephone number. 

(C) Course discipline, type (initial/ 

refresher), and the language in which 

instruction will be given. 

(D) Date(s) and time(s) of training. 

(E) Training location(s) telephone 

number, and address. 

(F) Principal instructor’s name. 

(G) Training manager’s name and 

signature. 

(vi) Notification must be 

accomplished using any of the following 

methods: Written notification, or 

electronically using the Agency’s 

Central Data Exchange (CDX). Written 

notification of lead-based paint 

activities course schedules can be 

accomplished by using either the 

sample form titled ‘‘Lead-Based Paint 

Activities Training Course Schedule’’ or 

a similar form containing the 

information required in paragraph 

(c)(13)(v) 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. 

(vii) Lead-based paint activities 

courses must not begin on a date, or at 

a location other than that specified in 

the original notification unless an 

updated notification identifying a new 

start date or location is submitted, in 

which case the course must begin on the 

new start date and/or location specified 

in the updated notification. 

(viii) No training program shall 

provide lead-based paint activities 

courses without first notifying EPA of 

such activities in accordance with the 

requirements of this paragraph. 

(14) The training manager must 

provide notification following 

completion of lead-based paint activities 

courses. 

(i) The training manager must provide 

EPA notification after the completion of 

any lead-based paint activities course. 

This notice must be received by EPA no 

later than 10 business days following 

course completion. 

(ii) The notification must include the 

following: 

(A) Training program name, EPA 

accreditation number, address, and 

telephone number. 

(B) Course discipline and type 

(initial/refresher). 

(C) Date(s) of training. 

(D) The following information for 

each student who took the course: 

(1) Name. 

(2) Address. 

(3) Date of birth. 

(4) Course completion certificate 

number. 

(5) Course test score. 

(E) Training manager’s name and 

signature. 

(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 lead-based paint 

activities training courses can be 

accomplished by using either the 

sample form titled ‘‘Lead-Based Paint 

Activities Training Course Follow-up’’

18496 Federal Register / Vol. 69, No. 68 / Thursday, April 8, 2004 / Rules and Regulations 

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. 

* * * * * 

(e) * * * 

(5) * * * 

(vi) The requirements in paragraphs 

(c)(1) through (c)(5), and (c)(7) through 

(c)(14) of this section apply to refresher 

training providers. 

* * * * * 

■ 4. Section 745.227 is amended by 

revising paragraph (e)(4) to read as 

follows: 

§ 745.227 Work practice standards for 

conducting lead-based paint activities: 

target housing and child-occupied facilities. 

* * * * * 

(e) * * * 

(4) A certified firm must notify EPA 

of lead-based paint abatement activities 

as follows: 

(i) Except as provided in paragraph 

(e)(4)(ii) of this section, EPA must be 

notified prior to conducting lead-based 

paint abatement activities. The original 

notification must be received by EPA at 

least 5 business days before the start 

date of any lead-based paint abatement 

activities. 

(ii) Notification for lead-based paint 

abatement activities required in 

response to an elevated blood lead level 

(EBL) determination, or Federal, State, 

Tribal, or local emergency abatement 

order should be received by EPA as 

early as possible before, but must be 

received no later than the start date of 

the lead-based paint abatement 

activities. Should the start date and/or 

location provided to EPA change, an 

updated notification must be received 

by EPA on or before the start date 

provided to EPA. Documentation 

showing evidence of an EBL 

determination or a copy of the Federal/ 

State/Tribal/local emergency abatement 

order must be included in the written 

notification to take advantage of this 

abbreviated notification period. 

(iii) Except as provided in paragraph 

(e)(4)(ii) of this section, updated 

notification must be provided to EPA for 

lead-based paint abatement activities 

that will begin on a date other than the 

start date specified in the original 

notification, as follows: 

(A) For lead-based paint abatement 

activities beginning prior to the start 

date provided to EPA an updated 

notification must be received by EPA at 

least 5 business days before the new 

start date included in the notification. 

(B) For lead-based paint abatement 

activities beginning after the start date 

provided to EPA an updated notification 

must be received by EPA on or before 

the start date provided to EPA. 

(iv) Except as provided in paragraph 

(e)(4)(ii) of this section, updated 

notification must be provided to EPA for 

any change in location of lead-based 

paint abatement activities at least 5 

business days prior to the start date 

provided to EPA. 

(v) Updated notification must be 

provided to EPA when lead-based paint 

abatement activities are canceled, or 

when there are other significant changes 

including, but not limited to, when the 

square footage or acreage to be abated 

changes by more than 20%. This 

updated notification must be received 

by EPA on or before the start date 

provided to EPA, or if work has already 

begun, within 24 hours of the change. 

(vi) The following must be included 

in each notification: 

(A) Notification type (original, 

updated, cancellation). 

(B) Date when lead-based paint 

abatement activities will start. 

(C) Date when lead-based paint 

abatement activities will end 

(approximation using best professional 

judgement). 

(D) Firm’s name, EPA certification 

number, address, telephone number. 

(E) Type of building (e.g., single 

family dwelling, multi-family dwelling, 

child-occupied facilities) on/in which 

abatement work will be performed. 

(F) Property name (if applicable). 

(G) Property address including 

apartment or unit number(s) (if 

applicable) for abatement work. 

(H) Documentation showing evidence 

of an EBL determination or a copy of the 

Federal/State/Tribal/local emergency 

abatement order, if using the 

abbreviated time period as described in 

paragraph (e)(4)(ii) of this section. 

(I) Name and EPA certification 

number of the project supervisor. 

(J) Approximate square footage/ 

acreage to be abated. 

(K) Brief description of abatement 

activities to be performed. 

(L) Name, title, and signature of the 

representative of the certified firm who 

prepared the notification. 

(vii) Notification must be 

accomplished using any of the following 

methods: Written notification, or 

electronically using the Agency’s 

Central Data Exchange (CDX). Written 

notification can be accomplished using 

either the sample form titled 

‘‘Notification of Lead-Based Paint 

Abatement Activities’’ or similar form 

containing the information required in 

paragraph (e)(4)(vi) 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. 

(viii) Lead-based paint abatement 

activities shall not begin on a date, or 

at a location other than that specified in 

either an original or updated 

notification, in the event of changes to 

the original notification. 

(ix) No firm or individual shall engage 

in lead-based paint abatement activities, 

as defined in § 745.223, prior to 

notifying EPA of such activities 

according to the requirements of this 

paragraph. 

* * * * * 

[FR Doc. 04–7980 Filed 4–7–04; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA 2004–17471] 

Federal Motor Vehicle Safety 

Standards; Rearview Mirrors 

Correction 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Correcting amendment. 

SUMMARY: On March 27, 1995, the 

National Highway Traffic Safety 

Administration (NHTSA) published a 

final rule amending the field of view 

requirements for System A mirrors on 

school buses, such that those mirrors 

will no longer be required to provide a 

view of the ground forward of the rear 

wheels (60 FR 15690). Previously, 

System A mirrors were required to 

provide a view of the area beneath those 

mirrors, a view that overlapped with the 

vehicle’s System B mirrors, which are 

also required. The effective date of the 

amendment was April 26, 1995.