[Federal Register Volume 72, Number 222 (Monday, November 19, 2007)]
[Notices]
[Pages 65018-65019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5709]



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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2006-0969; FRL-8495-9]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Residential Lead-Based Paint 
Hazard Disclosure Requirements; EPA ICR No. 1710.05, OMB No. 2070-0151

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this document announces that an Information Collection 
Request (ICR) has been forwarded to the Office of Management and Budget 
(OMB) for review and approval. This is a request to renew an existing 
approved collection. The ICR, which is abstracted below, describes the 
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before December 19, 
2007.

ADDRESSES: Submit your comments, referencing docket ID Number EPA-HQ-
OPPT-2006-0969 to (1) EPA online http://www.regulations.gov (our 
preferred method), by e-mail to <a href="/cdn-cgi/l/email-protection#315e4141451f5f525852715441501f565e47"><span class="__cf_email__" data-cfemail="c7a8b7b7b3e9a9a4aea487a2b7a6e9a0a8b1">[email protected]</span></a> or by mail to: 
Document Control Office (DCO), Office of Pollution Prevention and 
Toxics (OPPT), Environmental Protection Agency, Mail Code: 7407T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB at: Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Barbara Cunningham, Director, 
Environmental Assistance Division, Office of Pollution Prevention and 
Toxics, Environmental Protection Agency, Mailcode: 7408-M, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
554-1404; e-mail address: <a href="/cdn-cgi/l/email-protection#6e3a3d2d2f4326011a0207000b2e0b1e0f40090118"><span class="__cf_email__" data-cfemail="c591968684e88daab1a9acaba085a0b5a4eba2aab3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On March 13, 2007 (72 FR 11354), EPA sought comments on this 
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments during the 
comment period. Any comments related to this ICR should be submitted to 
EPA and OMB within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OPPT-2006-0969, which is available for online viewing at 
http://www.regulations.gov, or in person inspection at the OPPT Docket 
in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public 
Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Reading Room is 
202-566-1744, and the telephone number for the Pollution Prevention and 
Toxics Docket is 202-566-0280.
    Use EPA's electronic docket and comment system at http://www.regulations.gov, to submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing at http://www.regulations.gov as EPA 
receives them and without change, unless the comment contains 
copyrighted material, Confidential Business Information (CBI), or other 
information whose public disclosure is restricted by statute. For 
further information about the electronic docket, go to http://www.regulations.gov.
    Title: Residential Lead-Based Paint Hazard Disclosure Requirements.
    ICR Numbers: EPA ICR No. 1710.05; OMB Control No. 2070-0151.
    ICR Status: This ICR is currently scheduled to expire on November 
30, 2007. Under OMB regulations, the Agency may continue to conduct or 
sponsor the collection of information while this submission is pending 
at OMB. An Agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information, unless it displays 
a currently valid OMB control number. The OMB control numbers for EPA's 
regulations in title 40 of the CFR, after appearing in the Federal 
Register when approved, are listed in 40 CFR part 9, are displayed 
either by publication in the Federal Register or by other appropriate 
means, such as on the related collection instrument or form, if 
applicable. The display of OMB control numbers in certain EPA 
regulations is consolidated in 40 CFR part 9.
    Abstract: Section 1018 of the Residential Lead-Based Paint Hazard 
Reduction Act of 1992 (42 U.S.C. 4852d) requires that sellers and 
lessors of most residential housing build before 1978 disclose known 
information on the presence of lead-based paint and lead-based paint 
hazards, and provide an EPA-approved pamphlet to purchasers and renters 
before selling or leasing the housing. Sellers of pre-1978 housing are 
also required to provide prospective purchasers with 10 days to conduct 
an inspection or risk assessment for lead-based paint hazards before 
obligating purchasers under contracts to purchase the property. The 
rule does not apply to rental housing that has been found to be free of 
lead-based paint, zero-bedroom dwellings, housing for the elderly, 
housing for the handicapped or short-term leases. Responses to the 
collection of information are mandatory (see 40 CFR part 745, subpart 
F, and 24 CFR part 35, subpart H). This information collection 
addresses the information collection-related requirements related to 
each affected party as described below.
    1. Sellers of pre-1978 residential housing. Sellers of pre-1978 
housing must attach certain notification and disclosure language to 
their sales/leasing contracts. The attachment lists the information 
disclosed and acknowledges compliance by the seller, purchaser and any 
agents involved in the transaction.
    2. Lessors of pre-1978 residential housing. Lessors of pre-1978 
housing must attach notification and disclosure language to their 
leasing contracts. The attachment, which lists the information 
disclosed and acknowledges compliance with all elements of the rule, 
must be signed by the lessor, lessee and any agents on their behalf. 
Agents and lessees must retain the information for 3 years from the 
completion of the transaction.
    3. Agents acting on behalf of sellers or lessors. Section 1018 of 
the Residential Lead-Based Paint Hazard Reduction Act of 1992 
specifically directs EPA and HUD to require agents acting on behalf of 
sellers or lessors to ensure compliance with the disclosure 
regulations.
    Burden Statement: The total annual burden for this ICR is estimated 
to be 7,744,616 hours and involves slightly more than 49.5 million 
estimated annual responses. These responses correspond to the various 
information activities related to an estimated 3,720,000 annual target 
housing sales and an estimated 7,500,000 annual target housing rentals. 
The burden associated with the vast majority of these response 
activities is estimated to be 5 minutes or less. For new sellers, 
lessors, and agents, the burden associated with one-time rule

[[Page 65019]]

familiarization activities is estimated to be 1 hour per event. The 
burden associated both with disclosures and related acknowledgements by 
sellers, lessors, offerors, their respective agents, and tenants is 
estimated to be about 5 minutes per event. The burden associated with 
related recordkeeping activities by sellers, lessors, and their agents 
is estimated to be less than 1 minute per event. Burden means the total 
time, effort or financial resources expended by persons to generate, 
maintain, retain or disclose or provide information to or for a Federal 
agency. This includes the time needed to review instructions; develop, 
acquire, install and utilize technology and systems for the purposes of 
collecting, validating and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.
    Respondents/Affected Entities: Entities potentially affected by 
this action are persons engaged in selling, purchasing or leasing 
certain residential dwellings built before 1978, or who are real estate 
agents representing such parties.
    Estimated No. of Responses: 49,501,582.
    Frequency of Collection: On occasion.
    Estimated Total Annual Hour Burden: 7,744,616 hours.
    Estimated Total Annual Labor Costs: $136,475,304.
    Changes in Burden Estimates: There is a decrease of 1,110,994 hours 
(from 8,855,610 hours to 7,744,616 hours) in the total estimated 
respondent burden compared with that currently in the OMB inventory. 
This decrease reflects a gradual reduction in the annual number of real 
estate sales and residential property rentals involving target housing 
subject to the rule's requirements. The decrease is an adjustment.

    Dated: November 8, 2007.
Sara Hisel-McCoy,
Director, Collection Strategies Division.
[FR Doc. 07-5709 Filed 11-16-07; 8:45 am]
BILLING CODE 6560-50-M


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