12582 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Proposed Rules 

State’s changes through an immediate 

final action. 

DATES: Comments must be received on 

or before April 16, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01–

RCRA–2007–0135, by one of the 

following methods: 

• www.regulations.gov: Follow the 

online instructions for submitting 

comments. 

• E-mail: leitch.sharon@epa.gov. 

• Fax: (617) 918–0647, to the 

attention of Sharon Leitch. 

• Mail: Sharon Leitch, Hazardous 

Waste Unit, EPA Region 1, One 

Congress Street, Suite 1100 (CHW), 

Boston, MA 02114–2023. 

• Hand Delivery or Courier: Deliver 

your comments to: Sharon Leitch, 

Hazardous Waste Unit, Office of 

Ecosystem Protection, EPA Region 1, 

One Congress Street, 11th Floor, (CHW), 

Boston, MA 02114–2023. Such 

deliveries are only accepted during the 

Office’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

For further information on how to 

submit comments, please see today’s 

immediate final rule published in the 

‘‘Rules and Regulations’’ section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Leitch, Hazardous Waste Unit, 

U.S. EPA Region 1, One Congress Street, 

Suite 1100 (CHW), Boston, MA 02114–

2023, telephone number: (617) 918–

1647; fax number: (617) 918–0647, email address: leitch.sharon@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of this 

Federal Register, EPA is authorizing 

these changes by an immediate final 

rule. EPA did not make a proposal prior 

to the immediate final rule because we 

believe this action is not controversial 

and do not expect adverse comments 

that oppose it. We have explained the 

reasons for this authorization in the 

preamble to the immediate final rule. 

Unless we get written adverse 

comments which oppose this 

authorization during the comment 

period, the immediate final rule will 

become effective on the date it 

establishes, and we will not take further 

action on this proposal. If we get 

comments that oppose this action, we 

will withdraw the immediate final rule 

and it will not take immediate effect. 

We will then respond to public 

comments in a later final rule based on 

this proposal. You may not have another 

opportunity for comment. If you want to 

comment on this action, you should do 

so at this time. 

Dated: March 1, 2007. 

Robert W. Varney, 

Regional Administrator, EPA New England. 

[FR Doc. E7–4775 Filed 3–15–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2005–0049; FRL–8116–6] 

RIN 2070–AC83 

40 CFR Part 745 

Lead; Renovation, Repair, and Painting 

Program; Notice of Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability. 

SUMMARY: On January 10, 2006, EPA 

proposed new requirements to reduce 

exposure to lead hazards created by 

renovation, repair, and painting 

activities that disturb lead-based paint. 

The proposal supports the attainment of 

the Federal Government’s goal of 

eliminating childhood lead poisoning 

by 2010. With this document, EPA is 

announcing the availability of two new 

studies in the rulemaking docket. The 

studies include one conducted by 

EPA—Characterization of Dust Lead 

Levels after Renovation, Repair, and 

Painting Activities and a second study 

conducted by the National Association 

of Home Builders (NAHB)—Lead-Safe 

Work Practices Survey Project. EPA will 

consider revisions to the proposed work 

practice standards following review of 

these studies and consideration of 

public comment received as a result of 

this document. Comments should be 

submitted to the docket for the proposed 

rule and must be received on or before 

April 16, 2007. 

DATES: Comments must be received on 

or before April 16, 2007. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2005–0049, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave., NW., 

Washington, DC. Attention: Docket ID 

Number EPA–HQ–OPPT–2005–0049. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT–

2005–0049. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD-ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: EPA established a docket for 

this action under ID number EPA–HQ–

OPPT–2005–0049. All documents in the 

docket are listed in the docket’s index 

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

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

electronically 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, 


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Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Proposed Rules 12583 

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: 

Mike Wilson, 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–

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 perform renovations of 

target housing for compensation or dust 

sampling. Target housing is defined in 

section 401 of the Toxic Substances 

Control Act (TSCA) as any housing 

constructed prior to 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. 

Potentially affected entities may 

include, but are not limited to: 

• Building construction (NAICS code 

236), e.g., single family housing 

construction, multi-family housing 

construction, residential remodelers. 

• Specialty trade contractors (NAICS 

code 238), e.g., plumbing, heating, and 

air-conditioning contractors, painting 

and wall covering contractors, electrical 

contractors, finish carpentry contractors, 

drywall and insulation contractors, 

siding contractors, tile and terrazzo 

contractors, glass and glazing 

contractors. 

• Real estate (NAICS code 531), e.g., 

lessors of residential buildings and 

dwellings, residential property 

managers. 

• Other technical and trade schools 

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

providers. 

• Engineering services (NAICS code 

541330) and building inspection 

services (NAICS code 541350), e.g., dust 

sampling technicians. 

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. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

§ 745.82 of the proposed rule. 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. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD-ROM that 

you mail to EPA, mark the outside of the 

disk or CD-ROM that you mail to EPA, 

as CBI and then identify electronically 

within the disk or CD-ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What Action Is the Agency Taking? 

Many residences built prior to 1978 

contain lead-based paint. Activities that 

involve the disturbance or removal of 

lead-based paint, including many 

renovation and repair activities, can 

result in high localized concentrations 

of lead dust in the air and on exposed 

surfaces within the home, as well as in 

surrounding soils. 

In support of the Federal 

Government’s goal of eliminating 

childhood lead poisoning by 2010, EPA 

proposed a rule establishing 

requirements to protect residents of pre1978 housing units from lead hazards 

due to renovation, repair, and painting 

activities. The proposed rule, issued 

under the authority of section 402(c)(3) 

of TSCA, was published in the Federal 

Register of January 10, 2006 (71 FR 

1588) (FRL–7755–5). With this 

document, EPA is announcing the 

availability of two new studies in the 

rulemaking docket. 

1. Characterization of Dust Lead 

Levels after Renovation, Repair, and 

Painting Activities (January 23, 2007). In 

an effort to support a thorough risk 

assessment and cost-benefit analysis of 

the proposed rule, EPA designed and 

conducted a field study to characterize 

dust lead levels during various stages of 

renovation, repair, and painting 

activities. Results of that field study are 

presented in this report. 

2. Lead-Safe Work Practices Survey 

Project (November 9, 2006). NAHB 

conducted an assessment of renovation 

and remodeling activities to measure 

levels of lead dust generated by home 

improvement contractors. The objective 

of this project was to measure the 

amount of lead dust generated during 

typical renovation and remodeling 

activities and assess whether routine 

renovation and remodeling activities 

increased lead dust levels in the work 

area and property. 

A copy of these studies is now 

available in the docket for this action 

(EPA–HQ–OPPT–2005–0049). EPA is 


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12584 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Proposed Rules 

asking the public to consider their 

previous comments in light of these 

studies, particularly those related to the 

proposed work practice standards. EPA 

intends to consider these studies, and 

public comment received as a result of 

this document, in the development of 

the final Renovation, Repair, and 

Painting Program rule. In particular, 

EPA requests comment on the proposed 

methods of containment, cleaning, and 

cleaning verification in light of the 

information contained in these studies. 

In addition, the Agency is interested in 

comments on whether certain practices 

should require additional protective 

measures or should be prohibited based 

on the study findings. Comments should 

be submitted to the docket for the 

proposed rule (EPA–HQ–OPPT–2005–

0049) and must be received on or before 

April 16, 2007. 

List of Subjects 40 CFR Part 745 

Environmental protection, Infants and 

children, Health and safety, Housing 

renovation, Lead, Lead-based paint. 

Dated: March 12, 2007. 

James B. Gulliford, 

Assistant Administrator, Office of Prevention, 

Pesticides and Toxic Substances. 

[FR Doc. E7–4869 Filed 3–15–07; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 28 and 52 

[FAR Case 2006–013; Docket 2007–0001; 

Sequence 3] 

RIN 9000–AK71 

Federal Acquisition Regulation; FAR 

Case 2006–013, List of Approved 

Attorneys, Abstracters, and Title 

Companies 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) are proposing to amend the 

Federal Acquisition Regulation (FAR) to 

update the procedures for the 

acceptance of a bond with a security 

interest in real property. 

DATES: Interested parties should submit 

written comments to the FAR 

Secretariat on or before May 15, 2007 to 

be considered in the formulation of a 

final rule. 

ADDRESSES: Submit comments 

identified by FAR case 2006–013 by any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for any 

document by first selecting the proper 

document types and selecting ‘‘Federal 

Acquisition Regulation’’ as the agency 

of choice. At the ‘‘Keyword’’ prompt, 

type in the FAR case number (for 

example, FAR Case 2006–001) and click 

on the ‘‘Submit’’ button. Please include 

any personal and/or business 

information inside the document.You 

may also search for any document by 

clicking on the ‘‘Advanced search/ 

document search’’tab at the top of the 

screen, selecting from the agency field 

‘‘Federal Acquisition Regulation’’, and 

typing the FAR case number in the 

keyword field. Select the ‘‘Submit’’

button. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VIR), 1800 F Street, NW, Room 4035, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite FAR case 2006–013 in all 

correspondence related to this case. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Olson, Procurement Analyst, at (202) 

501–3221 for clarification of content. 

For information pertaining to status or 

publication schedules, contact the FAR 

Secretariat at (202) 501–4755. Please 

cite FAR case 2006–013. 

SUPPLEMENTARY INFORMATION: 

A. Background 

FAR Subpart 28.2, Sureties and other 

Security for Bonds, includes policies 

which require agencies to obtain 

adequate security for bonds when bonds 

are used with a contract for supplies or 

services (including construction). A 

corporate or individual surety is an 

acceptable form of security for a bond. 

Whenever a surety secures a bond with 

interest in real property, FAR 28.203–3 

requires that the surety provide 

evidence of title in the form of a 

certificate of title prepared by a title 

insurance company that has been 

approved by the Department of Justice 

(DOJ).DOJ maintained a list of the 

approved title companies that could 

prepare the certificate of title on the 

‘‘List of Approved Attorneys, 

Abstracters, and Title Companies.’’ DOJ 

has revised its procedures and no longer 

maintains a list of approved title 

insurance companies. Instead, DOJ has 

developed a guide for the preparation of 

evidence of title, Title Standards 2001 

(Standards). The Standards address the 

various types of title evidence that may 

be acceptable considering local practice, 

reliability, security, economy and other 

factors. The Standards also address the 

qualification requirements for preparers 

of title evidence. 

The FAR rule proposes to revise the 

types of acceptable title evidence and 

the qualification requirements for 

preparers of title evidence consistent 

with the Standards. The types of 

acceptable title evidence and the 

required qualifications are located in 

Section 2 of the Standards. 

In addition, FAR 28.203–3(d) requires 

sureties to execute a lien if a surety 

pledges real estate on Standard Form 28, 

Affidavit of Individual Surety. The lien 

must be recorded in the local recorder’s 

office. When multiple parties jointly 

own the real estate, the lien must be 

signed by each owner of the property to 

be valid. The FAR currently does not 

clearly specify that all owners of the 

property must sign the lien. The 

proposed rule clarifies that all property 

owners are required to sign the lien 

when a surety pledges real estate as 

collateral. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

B. Regulatory Flexibility Act 

The Councils do not expect this 

proposed rule to have a significant 

economic impact on a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 601, et seq., because the 

incidence of use of bonds secured by 

interest in real property is very low. An 

Initial Regulatory Flexibility Analysis 

has, therefore, not been performed. We 

invite comments from small businesses 

and other interested parties. The 

Councils will consider comments from 

small entities concerning the affected 

FAR Parts 28 and 52 in accordance with 

5 U.S.C. 610. Interested parties must 

submit such comments separately and 

should cite 5 U.S.C. 601, et seq. (FAR 

case 2006–013), in correspondence. 


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