3386 Federal Register / Vol. 65, No. 14 / Friday, January 21, 2000 / Rules and Regulations

* * * * *

Dated: January 11, 2000.

Margaret M. Dotzel,

Acting Associate for Commissioner for Policy.

[FR Doc. 00–1408 Filed 1–20–00; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Parts 35, 968, and 1000

[Docket No. FR–3482–C–07]

RIN 2501–AB57

Requirements for Notification,

Evaluation and Reduction of LeadBased Paint Hazards in Housing

Receiving Federal Assistance and

Federally Owned Residential Property

Being Sold; Correction

AGENCY: Office of the Secretary—Office

of Lead Hazard Control, HUD.

ACTION: Correction.

SUMMARY: This document makes several

corrections to HUD’s September 15,

1999 final rule implementing sections

1012 and 1013 of the Residential LeadBased Paint Hazard Reduction Act of

1992. Among other corrections, this

document corrects the numbering of the

sections containing the regulatory

requirements governing lead-based

paint disclosure; corrects the September

15, 1999 final rule to reflect the effective

date of a related rule issued by the

Environmental Protection Agency; and

corrects several typographical errors

contained in the final rule.

DATES: Effective date: September 15,

2000.

FOR FURTHER INFORMATION CONTACT:

Steve Weitz, Special Assistant, Office of

Lead Hazard Control, Department of

Housing and Urban Development, 451

Seventh Street, SW, Room P–3206,

Washington, DC 20410; telephone: (202)

755–1785, ext. 104 (this is not a toll-free

number); E-mail: lead—regulations

hud.gov. For legal questions, contact

John B. Shumway, Office of General

Counsel, Department of Housing and

Urban Development, Room 9262.

Persons with hearing or speech

impediments may access the above

telephone number via TTY by calling

the toll-free Federal Information Relay

Service at 1–800–877–8339.

SUPPLEMENTARY INFORMATION: On

September 15, 1999, HUD published a

final rule (64 FR 50140) that implements

sections 1012 and 1013 of the

Residential Lead-Based Paint Hazard

Reduction Act of 1992 (42 U.S.C. 4851

et seq.). The purpose of the rule is to

ensure that Federally-owned or assisted

housing does not pose lead-based paint

hazards to young children. The majority

of the provisions contained in the final

rule will become effective on September

15, 2000 (one year following the date of

publication). This document makes

several corrections to the September 15,

1999 final rule. The corrections made by

this document are as follows:

A. Correction of Section Numbers for

Lead-Based Paint Disclosure

Requirements (24 CFR part 25, subpart

A)

The September 15, 1999 final rule

redesignated subpart H of 24 CFR part

35 as subpart A. The purpose of this

action was simply to relocate the

regulatory requirements governing leadbased paint disclosure (which had been

promulgated by final rule published on

March 6, 1996 (61 FR 9082)) from

subpart H to subpart A without any

change in text. This was done to allow

the new regulatory requirements

established by the September 15, 1999

final rule to be described uninterrupted

through the remainder of part 35.

However, the September 15, 1999 final

rule also incorrectly revised the section

numbers of the relocated disclosure

provisions. These redesignations may

cause confusion because existing

section references in the lead-based

paint literature may not reflect the

revised section numbers. This document

corrects the section numbers of the

disclosure requirements contained in

part 35, subpart A. The numbering of

these sections is now identical to that

originally published in the March 6,

1996 final rule.

B. Conformance With EPA Regulations

The September 15, 1999 final rule

relies on a nationwide framework of

personnel who are or will be trained

and certified in accordance with

regulations issued by the U.S.

Environmental Protection Agency

(EPA). The EPA program is designed to

ensure the safe and effective

performance of lead-based paint

inspections, risk assessments, and

abatements. When the September 15,

1999 rule was published, the effective

date of the relevant EPA regulations at

40 CFR part 745 was August 30, 1999.

Therefore, the September 15, 1999 final

rule (at § 35.165) specifies that this is

the date after which all lead-based paint

inspections, risk assessments and

abatements must be performed by

persons certified in accordance with 24

CFR part 745.

On August 6, 1999 (64 FR 42851), the

EPA published an amendment that

extends the effective dates for

certification of individuals and firms

and use of work practices standards

from August 30, 1999 to March 1, 2000.

Therefore, HUD must correct the

September 15, 1999 final rule to

conform to the new EPA effective date.

To avoid possible further confusion, this

document provides a citation to the EPA

regulation instead of a specific date.

This reduces the likelihood that HUD

will have to again correct the September

15, 1999 final rule if EPA should have

to again change the effective date.

C. Applicability of Subpart K

This document corrects the § 35.1000,

which describes the purpose and

applicability section of subpart K. This

section erroneously provides that the

subpart K requirements apply to

‘‘residential rehabilitation activities.’’

These activities are covered under

subpart J (entitled ‘‘Rehabilitation’’), not

subpart K. Subpart K establishes the

lead-based paint requirements

acquisition, leasing, support services, or

operation of residential property.

D. NAHASDA Assisted Activities

The September 15, 1999 final rule

revised 24 CFR 1000.40, which

describes the lead-based paint

requirements for housing activities

assisted under the Native American

Housing Assistance and SelfDetermination Act (NAHASDA). In

referring to the subparts of 24 CFR part

35 that are applicable to NAHASDA

assisted activities, the September 15,

1999 revision erroneously referred to

subparts E and G, which do not apply

to NAHASDA activities. The September

15, 1999 revision did not refer to

subpart J, which pertains to

rehabilitation activities, including

NAHASDA rehabilitation assistance.

This document corrects § 1000.40 by

removing the references to subparts E

and G of part 35, and adding a reference

to 24 CFR part 35, subpart J.

E. Corrections of Typographical Errors

This document also corrects the

following typographical errors

contained in the September 15, 1999

final rule.

1. Correction to § 35.930(b)(3). This

document corrects a typographical error

contained in § 35.930(b)(3) of the

September 15, 1999 final rule. At the

end of the second sentence of this

section, an incorrect reference is made

to § 35.1350(b). This document corrects

the reference to read ‘‘§ 35.1350(d).’’

2. Correction to § 35.1200(b)(2)(i).

This document corrects a typographical

error contained in § 35.1200(b)(2)(i) of

the September 15, 1999 final rule.

Specifically, an incorrect reference to

Federal Register / Vol. 65, No. 14 / Friday, January 21, 2000 / Rules and Regulations 3387

‘‘September 15, 200’’ is corrected to read

‘‘September 15, 2000.’’

3. Correction to § 35.1200(b)(4)(i).

This document corrects a typographical

error contained in § 35.1200(b)(4)(i) of

the September 15, 1999 final rule. This

section provides an incorrect effective

date for tenant-based rental assistance

competitively awarded under the

Housing Opportunities for Persons With

AIDS (HOPWA) program. This

document corrects the effective date

from ‘‘October 1, 1999’’ to ‘‘September

15, 2000.’’ This correction conforms the

effective date provided in

§ 35.1200(b)(4) to the effective dates

provided elsewhere in the September

15, 1999 final rule, including those for

competitively awarded HOPWA grants

in 24 CFR part 35, subparts J and K.

F. Revision Superseded by Other HUD

Rulemaking

The September 15, 1999 final rule

revises HUD’s public housing

modernization regulations at

§ 968.210(e)(2)(ii) (see 64 FR 50229,

amendatory instruction number 80).

However, by final rule published on

June 23, 1999 (64 FR 33636), HUD

removed § 968.210(e). This document

corrects the September 15, 1999 final

rule by removing the reference to

§ 968.210(e).

Accordingly, in the final rule

captioned ‘‘Requirements for

Notification, Evaluation and Reduction

of Lead-Based Paint Hazards in

Federally Owned Residential Property

and Housing Receiving Federal

Assistance,’’ FR Document 99–23016,

beginning at 64 FR 50140, in the issue

of Wednesday, September 15, 1999, the

following corrections are made:

PART 35—[CORRECTED]

1. On page 50201, in the first column,

regulatory amendment 2 is corrected to

read as follows:

2. Remove Subpart A and redesignate

subpart H, consisting of § 35.80 through

35.98, as subpart A. The table of contents to

redesignated subpart A is revised to read as

follows:

Subpart A—Disclosure of Known LeadBased Paint Hazards Upon Sale or Lease of Residential Property

Sec.

35.80 Purpose.

35.82 Scope and applicability.

35.84 Effective dates.

35.86 Definitions.

35.88 Disclosure requirements for sellers

and lessors.

35.90 Opportunity to conduct an

evaluation.

35.92 Certification and acknowledgment of

disclosure.

35.94 Agent responsibilities.

35.96 Enforcement.

35.98 Impact on State and local

requirements.

2. On page 50208, in the first and

second columns, correct § 35.165 by

revising paragraphs (a)(1) introductory

text, (a)(2), (b)(2), (b)(3), (d)(1)

introductory text, and (d)(2) to read as

follows:

§ 35.165 Prior evaluation or hazard

reduction.

* * * * *

(a) Lead-based paint inspection. (1) A

lead-based paint inspection conducted

before the date specified in 40 CFR

745.239(b) meets the requirements of

this part if:

* * * * *

(2) A lead-based paint inspection

conducted on or after the effective date

specified in 40 CFR 745.239(b) must

have been conducted by a certified leadbased paint inspector.

(b) * * *

(2) A risk assessment conducted

before the effective date of 40 CFR

745.239(b) meets the requirements of

this part if at the time of the risk

assessment the risk assessor was

approved by a State or Indian tribe to

perform risk assessments. It is not

necessary that the State or tribal

approval program had EPA

authorization at the time of the risk

assessment.

(3) A risk assessment conducted on or

after the date specified in 40 CFR

745.239(b) must have been conducted

by a certified risk assessor.

* * * * *

(d) Abatement. (1) An abatement

conducted before the date specified in

40 CFR 745.239(b) meets the

requirements of this part if:

* * * * *

(2) An abatement conducted on or

after the date specified in 40 CFR

745.239(b) must have been conducted

under the supervision of a certified

lead-based paint abatement supervisor.

3. On page 50214, in the first column,

correct § 35.930(b)(3) to read as follows:

§ 35.930 Evaluation and hazard reduction

requirements.

* * * * *

(b) * * *

(3) After completion of any

rehabilitation disturbing painted

surfaces, perform a clearance

examination of the worksite(s) in

accordance with § 35.1340. Clearance is

not required if rehabilitation did not

disturb painted surfaces of a total area

more than that set forth in § 35.1350(d).

4. On page 50214, in the third

column, correct the first sentence of

§ 35.1000(c)(2) to read as follows:

§ 35.1000 Purpose and applicability.

* * * * *

(c) * * *

(2) For purposes of the CDBG

Entitlement program and the Indian

Housing Block Grant program, the

requirements of this subpart shall apply

to activities (except those otherwise

exempted) for which funds are first

obligated on or after September 15,

2000. * * *

* * * * *

5. On page 50217, in the first column,

correct § 35.1200(b)(2)(i) and

§ 35.1200(b)(4)(i) to read as follows:

§ 35.1200 Purpose and applicability.

* * * * *

(b) * * *

(2) * * *

(i) The requirements of this subpart

are applicable where an initial or

periodic inspection occurs on or after

September 15, 2000; and

* * * * *

(4) * * *

(i) The requirements of this subpart

shall apply to grants awarded pursuant

to Notices of Funding Availability

published on or after September 15,

2000; and

* * * * *

PART 968—[CORRECTED]

§ 968.210 [Corrected]

6. On page 50229, in the second

column, remove regulatory amendment

80.

PART 1000—[CORRECTED]

7. On page 50230, in the second

column, correct the second sentence of

§ 1000.40 to read as follows:

§ 1000.40 Do lead-based paint poisoning

prevention requirements apply to affordable

housing activities under NAHASDA?

* * * The applicable requirements for

NAHASDA are HUD’s regulations at

part 35, subparts A, B, H, J, K, M and

R of this title, which implement the

Lead-Based Paint Poisoning Prevention

Act (42 U.S.C. 4822–4846) and the

Residential Lead-Based Paint Hazard

Reduction Act of 1992 (42 U.S.C. 4851–

4856).

Dated: January 6, 2000.

David E. Jacobs,

Director, Office of Lead Hazard Control.

[FR Doc. 00–1319 Filed 1–20–00; 8:45 am]

BILLING CODE 4210–32–P