[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Proposed Rules]
[Pages 51495-51498]
[FR Doc No: 2015-20977]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3607; Directorate Identifier 2015-CE-010-AD]
RIN 2120-AA64

Airworthiness Directives; M7 Aerospace LLC Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
M7 Aerospace LLC Models SA26-AT, SA226-T, SA226-AT, SA226-T(B), SA226-
TC, SA227-AT, SA227-TT, SA227-AC (C-26A), SA227-BC (C-26A), SA227-CC,
and SA227-DC (C-26B) airplanes. This proposed AD was prompted by
information that the airplane flight manual (AFM) does not provide
adequate guidance in the handling of engine failures, which may lead to
reliance on the negative torque system (NTS) for reducing drag. This
condition could lead the pilot to not fully feather the propeller with
consequent loss of control. This proposed AD would require inserting
updates into the airplane flight manual (AFM) and/or the pilot
operating handbook (POH) that will clearly establish that the NTS is
not designed to automatically feather the propeller but only to provide
drag protection. We are proposing this AD to correct the unsafe
condition on these products.

DATES: We must receive comments on this proposed AD by October 9, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact M7
Aerospace LLC, 10823 NE Entrance Road, San Antonio, Texas 78216; phone:
(210) 824-9421; fax:<PHONE_NUMBER>; Internet: http://www.elbitsystems-us.com; email<EMAIL_ADDRESS>You may view this referenced
service information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3607; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Michael Heusser, Aerospace Engineer,
FAA, Fort Worth Aircraft Certification Office, 2601 Meacham Blvd., Fort
Worth, Texas 76137; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2015-3607;
Directorate Identifier 2015-CE-010-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The FAA received a report of an accident where an M7 Aerospace LLC
Model SA227-AC airplane experienced left engine power loss and
consequent loss of control. Training manuals provide descriptions of
the negative torque system (NTS), which provides partial anti-drag
protection if a negative torque condition is sensed. This feature might
cause pilots to assume the system automatically provides full anti-drag
protection in the event of an engine failure or power loss. The pilot
must also take prompt action to fully feather the propeller on the
failed engine to reduce drag. A pilot's sole reliance on the NTS for
reducing drag in the event of engine power loss may result in the
pilot's failure to initiate the Engine Failure Inflight checklist and
feather the propellers in time.
    This condition, if not corrected, could result in loss of control
of the aircraft due to excessive asymmetric drag.

Related Service Information Under 1 CFR Part 51

    We reviewed the following M7 Aerospace LLC AFM revisions:
     AFM revision dated May 14, 2015, section III, SA26-AT Dash
One;
     AFM revision dated May 14, 2015, section III, SA26-AT Dash
Two;
     AFM revision B-33, sections i and III, SA226-AT, dated
November 14, 2014;
     AFM revision A-29, sections i and III, SA226-T, dated
November 14, 2014;
     AFM revision B-29, sections i and 3, SA226-T(B), dated
November 14, 2014;
     AFM revision A-43, sections i and III, SA226-TC, dated
November 14, 2014;

     AFM (4AC) revision B-11, sections 0 and 3, SA227-AC, dated
November 14, 2014;
     AFM (4MC) revision A-12, sections 0 and 3, SA227-AC, dated
November 14, 2014;
     AFM (6AC) revision A-16, sections 0 and 3, SA227-AC, dated
November 14, 2014;
     AFM (7AC) revision B-19, sections 0 and 3, SA227-AC, dated
November 14, 2014;
     AFM (7MC) revision A-13, sections 0 and 3, SA227-AC, dated
November 14, 2014;
     AFM (8AC) revision A-15, sections 0 and 3, SA227-AC, dated
November 14, 2014;
     Pilot operating handbook (POH)/AFM (4AT) revision A-12,
sections 0 and 3, SA227-AT, dated November 14, 2014;
     POH/AFM (6AT) revision 13, sections 0 and 3, SA227-AT,
dated November 14, 2014;
     POH/AFM (6AT), section 7, revision 7, SA227-AT, dated
November 14, 2014;
     POH/AFM (7AT) revision B-12, sections 0 and 3, SA227-AT,
dated November 14, 2014;
     POH/AFM (8AT) revision 13, sections 0 and 3, SA227-AT,
dated November 14, 2014;
     AFM (6BC) revision 21, sections 0 and 3, SA227-BC, dated
November 14, 2014;
     AFM (6CC) revision 17, sections 0 and 3, SA227-CC, dated
November 14, 2014;
     AFM (6DC) revision 34, sections 0 and 3, SA227-DC, dated
November 14, 2014;
     AFM (8DC) revision 8, sections 0 and 3, SA227-DC, dated
November 14, 2014;
     POH/AFM revision 15, sections 0 and 3, SA227-TT Fairchild
300, dated November 14, 2014;
     POH/AFM revision 13, sections 0 and 3, SA227-TT Fairchild
312, dated November 14, 2014;
     POH/AFM revision 29, sections 0 and 3, SA227-TT, dated
November 14, 2014.
    The M7 Aerospace LP service information describes procedures for
inflight engine shutdown procedures. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section of this NPRM.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
    In addition, minimum controllable airspeed for single engine
landing is being investigated for possible future action.

Proposed AD Requirements

    This proposed AD would require updates be inserted into the AFM
that will clearly establish that the NTS is not designed to
automatically feather the propeller but only to provide drag
protection.
    The proposed requirements do not address anything on the above-
referenced minimum controllable airspeed for single engine landing.

Costs of Compliance

    We estimate that this proposed AD affects 360 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
              Action                     Labor cost            Parts cost           product         operators
----------------------------------------------------------------------------------------------------------------
Insert revision into the            .5 work-hour x $85    Not applicable......          $42.50         $15,300.
 appropriate AFM describing action   per hour = $42.50.
 to take when feathering
 propellers in the event of engine
 failure.
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect 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.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive.

(AD): M7 Aerospace LP: Docket No. FAA-2015-3607; Directorate
Identifier 2015-CE-010-AD.

(a) Comments Due Date

    We must receive comments by October 9, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to M7 Aerospace LLC Models SA26-AT, SA226-T,
SA226-AT, SA226-T(B), SA226-TC, SA227-AT, SA227-TT, SA227-AC (C-
26A), SA227-BC (C-26A), SA227-CC, and SA227-DC (C-26B) airplanes,
all serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 01, Operations
Information.

(e) Unsafe Condition

    This AD was prompted by information that a pilot's sole reliance
on the NTS for reducing drag in the event of engine power loss may
result in the pilot's failure to initiate the Engine Failure
Inflight checklist and feather the propellers in time. This could
lead the pilot to not fully feather the propeller with consequent
loss of control. We are issuing this AD to add information to the
AFM and/or POH that reliance on the NTS to reduce drag during an
engine failure could lead the pilot to not fully feather the
propeller with consequent loss of control.

(f) Compliance

    Comply with this AD within 30 days after the effective date of
this AD, unless already done.

(g) Actions

    Incorporate the applicable M7 Aerospace LLC AFM revisions as
listed in paragraphs (g)(1) through (g)(12) of this AD:
    (1) For Model SA26-AT Dash One airplanes: Insert pages III-1
through III-6, revised May 14, 2015; and pages III-7 through III-8,
FAA Approved May 14, 2015; into the Merlin Model SA-26AT Dash One
AFM.
    (2) For Model SA26-AT Dash Two airplanes: Insert pages III-1
through III-6, revised May 14, 2015; and pages III-7 through III-8,
FAA Approved May 14, 2015; into the Merlin Model SA-26AT Dash Two
AFM.
    (3) For Model SA226-T airplanes: Insert pages III-2 though III-
26, revised November 14, 2014, into the Swearingen Merlin SA226-T
AFM, Reissue A, dated June 28, 1976.
    (4) For Model SA226-AT airplanes: Insert pages III-2 through
III-30, revised November 14, 2014, into the Merlin SA226-AT AFM,
Reissue B, dated May 6, 1977.
    (5) For Model SA226-T(B) airplanes: Insert pages 3-2, Emergency
Procedures, through page 3-20, Emergency Procedures, revised
November 14, 2014; and pages 3-21 through 3-24, Emergency
Procedures, issued November 14, 2014; into the Merlin SA226-T(B)
AFM, Reissue B, dated November 2, 1979.
    (6) For Model SA226-TC airplanes: Insert pages III-2 through
page III-24, revised November 24, 2014; and pages III-25 through
III-32, FAA Approved November 14, 2014; into the Metro SA226-TC AFM,
Reissue A, dated December 1, 1976.
    (7) For Model SA227-AT airplanes:
    (i) Model 4AT: Insert pages 3-4 through 3-30, Emergency
Procedures, revised November 14, 2014; and pages 3-31 through 3-34,
Emergency Procedures, FAA Approved November 14, 2014; into the
SA227-AT (4AT) pilot operating handbook (POH)/AFM, Reissue A, dated
November 30, 1988;
    (ii) Model 6AT: Insert pages 3-4 through 3-36, FAA Approved,
Emergency Procedures, revised November 14, 2014, into the SA227-AT
(6AT) POH/AFM, dated May 13, 1987.
    (iii) Model 7AT: Insert pages 3-4 through 3-30, Emergency
Procedures, revised December 9, 2014, and pages 3-31 through 3-34,
FAA Approved December 9, 2014, into the SA227-AT (7AT) POH/AFM,
Reissue B, dated November 30, 1988.
    (iv) Model 8AT: Insert pages 3-4 through 3-30, Emergency
Procedures, revised December 9, 2014; and pages 3-31 through 3-34,
FAA Approved December 9, 2014; into the SA227-AT (8AT) POH/AFM,
dated May 13, 1987.
    (8) For Model SA227-TT Fairchild 300 airplanes: Insert page 3-3
through 3-30, Emergency Procedures, revised December 9, 2014; and
pages 3-31 through 3-34, Emergency Procedures, FAA Approved December
9, 2014; into the SA227-TT Fairchild 300 POH/AFM, Reissue A, dated
August 7, 1981.
    (9) For Model SA227-TT Fairchild 312 airplanes: Insert page 3-3,
Emergency Procedures, revised December 9, 2014; pages 3-5 through 3-
30, Emergency Procedures, revised December 9, 2014; and pages 3-31
through 3-32, Emergency Procedures, FAA Approved December 9, 2014;
into the Model SA227-TT Fairchild 300 (312) 12,500 LBS POH/AFM,
dated October 4, 1981.
    (10) For Model SA227-TT Fairchild Merlin IIIC airplanes: Insert
pages 3-3 through 3-24, revised December 9, 2014, and pages 3-25
through 3-32, issued December 9, 2014; into the SA227-TT Merlin IIIC
POH/AFM, Reissue A, dated August 7, 1981.
    (11) For Model SA227-AC (4AC) airplanes: Insert pages 3-3
through 3-30, Emergency Procedures, revised November 14, 2014; into
the SA227-AC AFM, Reissue B, dated November 7, 1990.
    (12) For Model SA227-AC (4MC) airplanes: Insert pages 3-3
through 3-30, Emergency Procedures, revised November 14, 2014; and
pages 3-31 through 3-36, Emergency Procedures, FAA Approved November
14, 2014, into the SA227-AC AFM, Reissue A, dated May 22, 1989.
    (13) For Model SA227-AC (7AC) airplanes: Insert pages 3-3
through 3-30, Emergency Procedures, revised December 9, 2014; and
pages 3-31 through 3-34, Emergency Procedures, FAA Approved December
9, 2014, into the SA227-AC AFM, Reissue B, dated April 2, 1986.
    (14) For Model SA227-AC (7MC) airplanes: Insert pages 3-3
through 3-30, Emergency Procedures, revised December 9, 2014; and
pages 3-31 through 3-34, Emergency Procedures, FAA Approved December
9, 2014, into the SA227-AC AFM, Reissue A, dated May 22, 1989.
    (15) For Model SA227-AC (8AC) airplanes: Insert pages 3-3
through 3-30, Emergency Procedures, revised December 9, 2014; and
pages 3-31 through 3-34, Emergency Procedures, FAA Approved December
9, 2014, into the SA227-AC AFM, Reissue A, dated May 22, 1989
    (16) For Model SA227-AC (6AC) airplanes: Insert pages 3-3
through 3-20, Emergency Procedures, revised November 14, 2014; into
the SA227-AC AFM, Reissue A, dated May 22, 1989.
    (17) For Model SA227-AC (6BC) airplanes: Insert pages 3-3
through 3-30, Emergency Procedures, revised November 14, 2014; and
pages 3-31 through 3-36, Emergency Procedures, FAA Approved November
14, 2014, into the SA227-BC AFM, dated September 25, 1989.
    (18) For Model SA227-DC (6DC) airplanes: Insert pages 3-3
through 3-26, Emergency Procedures, revised December 9, 2014; and
pages 3-27 through 3-32, Emergency Procedures, FAA Approved December
9, 2014, into the SA227-DC AFM, dated August 23, 1991.
    (19) For Model SA227-BC (C-26A) airplanes: Insert pages 3-4
through 3-30, Emergency Procedures, revised December 9, 2014; and
pages 3-31 through 3-36, Emergency Procedures, FAA Approved December
9, 2014; into the SA227-BC AFM, dated September 25, 1989.
    (20) For Model SA227-CC (6CC) airplanes: Insert pages 3-3
through 3-24, Emergency Procedures, revised December 9, 2014; and
pages 3-25 through 3-30, Emergency Procedures, FAA Approved December
9, 2014; into the SA227-CC AFM, dated December 11, 1992.
    (21) For Model SA227-DC (8DC) airplanes: Insert pages 3-3
through 3-26, Emergency Procedures, revised December 9, 2014; and
pages 3-27 through 3-32, Emergency Procedures, FAA Approved December
9, 2014; into the SA227-DC AFM.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Fort Worth Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the ACO, send it to the attention of the
person identified in paragraph (i)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    (1) For more information about this AD, contact Michael Heusser,
Aerospace Engineer, FAA, Fort Worth Aircraft Certification Office,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone: (817) 222-
5038; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact M7
Aerospace LLC, 10823 NE Entrance Road, San Antonio, Texas 78216;
phone:<PHONE_NUMBER>; fax: (210)

804-7766; Internet: http://www.elbitsystems-us.com; email:
<EMAIL_ADDRESS>You may view this referenced service
information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on August 19, 2015.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-20977 Filed 8-24-15; 8:45 am]
 BILLING CODE 4910-13-P


Supporting Statement for a Request for OMB Review under the Paperwork Reduction Act 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title: Lead Based Paint Pre Renovation Information Dissemination  TSCA Sec. 406( b)

EPA ICR No.: 1669.04 OMB Control No.: 2070 0158 1( b) Short Characterization Section 406( b) of Title IV of the Toxic Substances Control Act ( TSCA)( 15 U. S. C. 2686, see Appendix 1) requires the U. S. Environmental Protection Agency ( EPA) to promulgate regulations requiring certain persons who perform renovations of target housing for compensation to provide a lead hazard information pamphlet ( developed under section 406( a) of TSCA) to the owner and occupant of such housing prior to commencing the renovation. Target housing is defined as any housing constructed prior to 1978, except housing for the elderly or persons with disabilities ( unless any child who is less than six years of age resides or is expected to reside in such housing for the elderly or persons with disabilities) or any zero bedroom dwelling ( section 401( 17) of TSCA, 15 U. S. C. 2681). Those who fail to provide the pamphlet, as required, may be subject to both civil and criminal sanctions under section 16 of TSCA.

Pursuant to Title IV of TSCA, EPA promulgated regulations applicable to all renovations of target housing performed for compensation, except as otherwise specified, at 40 CFR part 745, subpart E ( see Attachment 2). Under these regulations, renovators must provide the owner and occupant of any residential dwelling unit or multi family housing with a lead hazard information pamphlet ( see Attachment 3). After providing the pamphlet to the owner and occupant and obtaining written acknowledgment, the renovator must keep acknowledgment records on file for three years after completion of work.

The regulations at 40 CFR part 745, subpart E, apply to any person who performs renovations at target housing for compensation. However, a designated representative ( e. g., a landlord, rental property manager) may deliver the pamphlet and obtain the acknowledgment. When using a designated representative, the renovator remains responsible for compliance with the regulations ( 63 FR 29914; June 1, 1998). For purposes of this ICR, EPA assumes that all activities associated with distribution of the lead hazard information pamphlet are undertaken by renovators.

This ICR examines the respondent paperwork requirements and associated hour and cost burden of the regulations at 40 CFR part 745, subpart E. Sections 1 through 5 of the ICR describe the paperwork requirements associated with the distribution of the lead hazard  2  information pamphlet prior to commencing renovations of target housing for compensation. Section 6 estimates the annual hour and cost burden to respondents in complying with these paperwork requirements.

Note that this ICR does not address hour and cost burden to recipients of the lead hazard information pamphlet ( i. e., owners and occupants of target housing) because the pamphlet is originally supplied by the Federal government. Under 5 CFR 1320.3( c)( 2), " the public disclosure of information originally supplied by the Federal government to the [ respondent] for the purpose of disclosure to the public is not included" as a " collection of information." In addition, because the acknowledgment of receipt obtained by the renovator only involves " that burden necessary to identify the respondent, the date, the respondent's address, and the nature of the instrument," completion of the acknowledgment form by the owner and occupant of the target housing is not considered to be " information" under 5 CFR 1320.3( h)( 1).

The following paragraphs describe the activities that renovators would take under 40 CFR part 745, subpart E.

Exemption from Information Distribution Requirements Under 40 CFR 745.82( b), renovators performing renovations of target housing for compensation are not subject to the regulations in 40 CFR part 745, subpart E if the renovation activities are limited to: ( i) minor repair and maintenance activities ( including minor electrical work and plumbing) that disrupt two square feet or less of painted surface per component; ( ii) emergency renovation operations; or ( iii) renovations in target housing in which a written determination has been made by an inspector ( certified pursuant to either Federal regulations at 40 CFR 745.226 or a State or Tribal certification program authorized pursuant to 40 CFR 745.324) that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight, where the renovator has obtained a copy of the determination.

Information Distribution Requirements for Renovations in Dwelling Units Under 40 CFR 745.85( a), no more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, a renovator must provide the owner of the dwelling unit with a lead hazard information pamphlet, and must comply with the procedures specified at section 745.85( a)( 1)( i) or ( ii). In addition, if the owner does not occupy the dwelling unit, the renovator must provide an adult occupant of the unit with the pamphlet, and comply with the procedures specified at section 745.85( a)( 2)( i) or ( ii).

Information Distribution Requirements for Renovations in Common Areas Under 40 CFR 745.85( b), no more than 60 days before beginning renovation activities in common areas of multi family housing, a renovator must provide the owner of the multi family  3  housing with a lead hazard information pamphlet, and must comply with the procedures specified at section 745.85( b)( 1)( i) or ( ii).

In addition, the renovator must notify in writing, or ensure written notification of, each affected unit of the multi family housing and make the pamphlet available upon request prior to start of the renovation. Such notification must be accomplished by distributing written notice to each affected unit. The notice must describe the general nature and locations of the planned renovation activities; the expected starting and ending dates; and a statement of how the occupant can obtain the pamphlet, at no charge, from the renovator ( section 745.85( b)( 2)).

The renovator also must prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet ( section 745.85( b)( 3)). If the scope, locations, or expected starting and ending dates of the planned renovation activities change after the initial notification, the renovator must provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notification must be provided before the renovator initiates work beyond that which was described in the original notice ( section 745.85( b)( 4)).

Recordkeeping Requirements Under 40 CFR 745.86( a), renovators must retain and, if requested, make available to EPA all records necessary to demonstrate compliance with the requirements of 40 CFR part 745, subpart E, for a period of three years following completion of the renovation activities in target housing.

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need and Authority for the Collection Section 406( b) of Title IV of TSCA requires EPA to promulgate regulations requiring certain persons who perform renovations of target housing for compensation to provide a lead hazard information pamphlet to the owner and occupant of such housing prior to commencing the renovation. Regulations promulgated under the authority of section 406( b) ensure that owners and occupants of target housing are provided information concerning potential hazards of leadbased paint exposure before certain renovations are begun on that housing. The Agency believes that the distribution of the pamphlet will help to reduce the exposures that cause serious lead poisonings, especially in children under age six, who are particularly susceptible to the hazards of lead.  4  2( b) Practical Utility and Users of the Data Owners and occupants of target housing must be provided with a lead hazard information pamphlet before any renovation commences. Information contained in the lead hazard information pamphlet may be used by owners and occupants of target housing to take appropriate precautions to avoid exposure to lead contaminated dust and lead based paint debris that are sometimes generated during renovations.

In addition, the recordkeeping requirements under 40 CFR part 745, subpart E enable EPA, State, and local regulators and the courts to determine initial compliance and monitor continued compliance with the provisions of section 406( b) of TSCA. The record of compliance could also serve as a crucial piece of information in civil actions to establish liability.

3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Non Duplication EPA has determined that no other Federal agency collection satisfies the statutory requirements of section 406( b) of TSCA.

3( b) Public Notice Required Prior to ICR Submission to OMB Prior to submission to OMB, this ICR will be made available to the public for comment through a Federal Register notice. The public will have 60 days to provide comments. Any comments received will be given consideration when completing the supporting statement that is submitted to OMB.

3( c) Consultations Following the publication of the proposed rule, EPA received thirty comments during the 60 day comment period on the proposed rule. In addition, EPA has met with key constituency groups to discuss the proposal and key areas of concern. These groups include: The Alliance to End Childhood Lead Poisoning, the Institute of Real Estate Management, and the National Multi Housing Council. EPA has also met with many state and Tribal officials involved in the Forum on State and Tribal Toxics Action ( FOSTTA), including officials from California and Massachusetts.

3( d) Effects of Less Frequent Collection Regulations at 40 CFR part 745, subpart E do not include any reporting requirements, only recordkeeping requirements. Therefore, a collection schedule is not applicable.  5  3( e) General Guidelines This collection does not exceed any of the Paperwork Reduction Act guidelines at 5 CFR 1320.5.

3( f) Confidentiality In general, EPA does not believe that respondents will assert a confidentiality claim for information collected under this ICR. However, to the extent information submitted by respondents is business confidential, procedures are in place to protect the information from improper disclosure.

Under 40 CFR 745.84, EPA has established procedures for dealing with confidential business information. Section 745.84( a) provides that those who assert a confidentiality claim for submitted information must provide EPA with two copies of their submission. The first copy must be complete and contain all information being claimed as confidential. The second copy must contain only information not claimed as confidential. EPA will place the second copy of the submission in the public file.

In addition, section 745.84( b) establishes that EPA will disclose information subject to a claim of confidentiality only to the extent permitted by section 14 of TSCA and 40 CFR part 2, subpart B. If a person does not assert a claim of confidentiality for information at the time it is submitted to EPA, EPA may make the information public without further notice to that person.

3( g) Sensitive Questions No questions of a sensitive nature are included in the information collection requirements associated with the distribution of the lead hazard information pamphlet.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents and NAICS Codes The North American Industrial Classification System ( NAICS) codes associated with industries most likely affected by the paperwork requirements covered in this ICR are described below:

NAICS Code Industrial Sector 23321 Single Family Housing Construction 23322 Multifamily Housing Construction 23511 Plumbing, Heating, and Air Conditioning Contractors NAICS Code Industrial Sector  6  23521 Painting and Wall Covering Contractors 23531 Electrical Contractors 23541 Masonry and Stone Contractors 23542 Drywall, Plastering, Acoustical, and Insulation Contractors 23543 Tile, Marble, Terrazzo, and Mosaic Contractors 23551 Carpentry Contractors 23552 Floor Laying and Other Floor Contractors 23561 Roofing, Siding, and Sheet Metal Contractors 23571 Concrete Contractors 23581 Water Well Drilling Contractors 23591 Structural Steel Erection Contractors 23592 Glass and Glazing Contractors 23593 Excavation Contractors 23594 Wrecking and Demolition Contractors 23595 Building Equipment and Other Machinery Installation Contractors 23599 All Other Special Trade Contractors 53111 Lessors of Residential Buildings and Dwellings 53119 Lessors of Other Real Estate Property 53121 Offices of Real Estate Agents and Brokers 531311 Residential Property Managers 53132 Offices of Real Estate Appraisers 53139 Other Activities Related to Real Estate 4( b) Information Requested In the following paragraphs, EPA describes the paperwork requirements associated with the distribution of the lead hazard information pamphlet.

Exemption from Information Distribution Requirements Under 40 CFR 745.82( b), renovators performing renovations of target housing for compensation are not subject to the regulations in 40 CFR part 745, subpart E if the renovation  7  activities are limited to: ( i) minor repair and maintenance activities ( including minor electrical work and plumbing) that disrupt two square feet or less of painted surface per component; ( ii) emergency renovation operations; or ( iii) renovations in target housing in which a written determination has been made by an inspector ( certified pursuant to either Federal regulations at 40 CFR 745.226 or a State or Tribal certification program authorized pursuant to 40 CFR 745.324) that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight, where the renovator has obtained a copy of the determination.

( i) Data Item:

Written determination by an inspector ( certified pursuant to either Federal regulations at 40 CFR 745.226 or a State or Tribal certification program authorized pursuant to 40 CFR 745.324) that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.

( ii) Respondent Activity:

A renovator performing renovations of target housing for compensation may be exempt from the regulations in 40 CFR part 745, subpart E by obtaining copy of a determination made by a certified inspector that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.

Information Distribution Requirements for Renovation in Dwelling Units Under 40 CFR 745.85( a), no more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, a renovator must provide the owner of the dwelling unit with a lead hazard information pamphlet, and must comply with the procedures specified at section 745.85( a)( 1)( i) or ( ii). In addition, if the owner does not occupy the dwelling unit, the renovator must provide an adult occupant of the unit with the pamphlet, and comply with the procedures specified at section 745.85( a)( 2)( i) or ( ii).

( i) Data Items:

Lead hazard information pamphlet; and

Documentation providing proof that the pamphlet was provided to the owner and occupant of the target housing or that an attempt was made to provide the pamphlet to the owner and occupant of the target housing ( e. g., collect signed acknowledgment form, provide self certification for failed deliveries, document mailing the information).  8  ( ii) Respondent Activities:

A renovator planning to conduct renovations in any residential dwelling unit must:

Prepare acknowledgment and certification forms;

Provide the owner of dwelling unit with a lead hazard information pamphlet and obtain proof that the pamphlet was provided to the owner of the target housing by:

 Obtaining, from the owner, a written acknowledgment that the owner has received the pamphlet ( section 745.85( a)( 1)( i)); or  Obtaining a certificate of mailing at least seven days prior to the renovation ( section 745.85( a)( 1)( ii)).

In addition, if the owner does not occupy the dwelling unit, the renovator also must:

Provide an adult occupant of the unit with the pamphlet and obtain proof that the pamphlet was provided to the occupant of the target housing by:

 Obtaining, from the adult occupant, a written acknowledgment that the occupant has received the pamphlet ( section 745.85( a)( 2)( i)); or  Certifying in writing that a pamphlet has been delivered to the dwelling and that the renovator has been unsuccessful in obtaining a written acknowledgment from an adult occupant ( section 745.85( a)( 2)( i)); or  Obtaining a certificate of mailing at least seven days prior to the renovation ( section 745.85( a)( 2)( ii)).

Information Distribution Requirements for Renovations in Common Areas Under 40 CFR 745.85( b), no more than 60 days before beginning renovation activities in common areas of multi family housing, a renovator must provide the owner of the multi family housing with a lead hazard information pamphlet, and must comply with the procedures specified at section 745.85( b)( 1)( i) or ( ii). In addition, the renovator must notify in writing, or ensure written notification of, each affected unit of the multi family housing and make the pamphlet available upon request prior to start of the renovation. Such notification must be accomplished by distributing written notice to each affected unit ( section 745.85( b)( 2)). Finally, renovators must prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet ( section 745.85( b)( 3)).  9  ( i) Data Items:

Lead hazard information pamphlet;

Notice describing the general nature and locations of the planned renovation activities; the expected starting and ending dates; and a statement of how the occupant can obtain the pamphlet, at no charge, from the renovator; and

Statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet.

( ii) Respondent Activities:

A renovator planning to conduct renovations in common areas of multi family housing must:

Prepare acknowledgment and certification forms;

Provide the owner of multi family housing unit with a lead hazard information pamphlet and obtain proof that the pamphlet was provided to the owner of the target housing by:

 Obtaining, from the owner, a written acknowledgment that the owner has received the pamphlet ( section 745.85( b)( 1)( i)); or  Obtaining a certificate of mailing at least seven days prior to the renovation ( section 745.85( b)( 1)( ii));

Notify in writing, or ensure written notification of, each unit of the multi family housing and make the pamphlet available upon request prior to start of the renovation;

Prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet ( section 745.85( b)( 3)); and

If the scope, locations, or expected starting and ending dates of the planned renovation activities change after the initial notification, provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities ( section 745.85( b)( 4)).  10  Recordkeeping Requirements Under 40 CFR 745.86( a), renovators must retain and, if requested, make available to EPA all records necessary to demonstrate compliance with the requirements of 40 CFR part 745, subpart E for a period of three years following completion of the renovation activities in target housing.

( i) Data Items:

Records that must be retained pursuant to section 745.86 include, where applicable:

Reports certifying that a determination has been made by an inspector that leadbased paint is not present in the area affected by the renovation, as described in section 745.82( b)( 3) [ section 745.86( b)( 1)];

Signed and dated acknowledgments of receipt as described in sections 745.85( a)( 1)( i), ( a)( 2)( i), and ( b)( 1)( i) [ section 745.86( b)( 2)];

Certifications of attempted delivery as described in section 745.85( a)( 1)( i) [ section 745.86( b)( 3)];

Certificates of mailing as described in sections 745.85( a)( 1)( ii), ( a)( 2)( ii), and ( b)( 1)( ii) [ section 745.86( b)( 4)]; and

Records of notification activities performed regarding common area renovations, as described in sections 745.85( b)( 3) and ( 4) [ section 745.86( b)( 5)].

( ii) Respondent Activities:

Renovators must maintain records to demonstrate compliance with the requirements of 40 CFR part 745, subpart E for a period of three years following completion of the renovation activities in target housing.

5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities There are no Agency activities associated with the distribution of lead hazard information pamphlets to owners and occupants of target housing prior to commencing renovations for compensation.  11  5( b) Collection Methodology and Management There are no Agency activities associated with the distribution of the lead hazard information pamphlet to owners and occupants of target housing prior to commencing renovations for compensation. However, under the provisions of 40 CFR 745.87, EPA may conduct inspections and issue subpoenas pursuant to the provisions of TSCA section 11 ( 15 U. S. C. 2610) to ensure compliance with 40 CFR part 745, subpart E.

5( c) Small Entity Flexibility In promulgating the regulations at 40 CFR part 745, subpart E, EPA attempted to minimize the reporting and recordkeeping burden for both large and small regulated entities. While small business constitute the majority of affected entities, hour and cost burden imposed by the regulations is not considered to be of sufficient magnitude to have significant economic impacts on such establishments.

5( d) Collection Schedule Regulations at 40 CFR part 745, subpart E, do not include any reporting requirements, only recordkeeping requirements. Therefore, a collection schedule is not applicable.

6. ESTIMATING BURDEN AND COST OF THE COLLECTION 6( a) Estimating Respondent Burden and Costs The overall cost analysis for this rule was presented in a Regulatory Impact Analysis ( RIA), which is available in the docket for the final rule. The current burden and costs estimates related to the information collection components of the final rule are based on the estimates presented in the RIA and updated using the most recent data available. For the ICR burden analysis, individual respondent times ( burden hours) for a given activity were estimated from the total number of annual burden hours in that activity ( based on total events or total persons affected as reported in the regulatory analysis) divided by the estimated total number of respondents that would potentially be affected by the final rule.

This ICR presents the estimated annual burden and associated annual costs for the following information collection components of the final rule:

Start up  Renovator and Owner/ Managers of Rental Housing doing their own renovation, must read and learn the new requirements. However, since renovators and rental property have already encountered this burden, start up costs in this ICR are only calculated for new entrants to the market to read and learn the requirements. 1 U. S. Bureau of Labor Statistics, 2003. Occupational Employment Statistics, National Cross Industry series http:// www. bls. gov/ oes/ home. htm. The Specialty Trade Contractors included were carpenters, carpet installers, drywall workers and lathers, glaziers, insulation workers, painters and paperhangers, plasterers, and plumbers.

2 In tabulating the numbers, EPA rounded the number of employees in each category to the nearest thousand.

3 U. S. Bureau of Labor Statistics, 2003. Occupational Employment Statistics, National Cross Industry series http:// www. bls. gov/ oes/ home. htm.

 12

Prepare Information  Renovators and Owner/ Managers of Rental Housing doing their own renovation, must obtain the required pamphlet, prepare the written acknowledgment, and prepare the required notification to tenants of renovation activities in the common areas of multi unit target housing. Renovators and Owners/ Managers are also required to prepare, sign, and date a statement describing the steps performed to notify occupants of the intended common area renovation activities.

Provide Information  Renovators and Owner/ Managers of Rental Housing doing their own renovation, must provide the owner/ occupant with a copy of the pamphlet, and document receipt by having the owner/ occupant sign the receipt/ acknowledgment. In the case of the notification, Renovators and Owner/ Managers of Rental Housing doing their own renovation, must provide notification to tenants of renovation activities in common areas of multi unit target housing.

Maintain Records  Renovators and Owner/ Managers of Rental Housings doing their own renovation, must retain the documentation of distribution, e. g., acknowledgment by owner/ occupant.

The estimated number of renovators, as well as the number of new entrants to the occupation in future years, is based on the number of Construction Contractors and Managers and the total of a selected list of Specialty Trade Contractors listed in Bureau of Labor Statistics ( BLS) data for the year 20021. In 2002, there were a total of 2,295,000 employees in these categories2. The number of new entrants was calculated by using the BLS data on occupational projections. BLS provides a projected percentage increase in employment from 2000 2010 for each labor category. EPA divided the percentage for each labor category ( to approximate an annual percentage) and applied the annual percentage to the number of employees in 2002. This resulted in an estimated 27,000 new entrants for the renovation category.

The number of rental property managers and, as well, the annual number of new entrants are also taken from BLS data for the occupational category, Property and Real Estate Managers3. BLS estimates that in 2002 there were 156,000 people employed in this occupation. The number of new entrants was estimated in the same way as was done for renovators and resulted in 4,000 new entrants. 4 In the previous ICR, the number of respondents was estimated to be 3,046,000. The reduction in the number of respondents is primarily attributable to a reduced estimate for the number of Property and Real Estate Managers. More recent BLS data have provided a more accurate breakdown of this category.

5 U. S. Census Bureau, Residential Improvements and Repair Statistics, 2002, Construction Report series, http:// www. census. gov/ const/ www/ c50index. html  13  The total number of respondents, i. e., renovators and rental property managers, including new entrants, estimated for this ICR is 2,482,0004. This is the total of current renovators ( 2,295,000), new entrants to renovation ( 27,000), current property managers ( 156,000), and new entrants to property management ( 4,000).

The annual number of renovation events in owner occupied target housing is estimated to be 11,584,202 units. This number is estimated from the pre 1979 owner occupied units less the zero bedroom units not subject to the rule ( American Housing Survey data, HUD, 1997), and the estimated annual number of paid renovation events per year per unit of housing ( estimated by dividing total dollar outlays for 2002 renovation events subject to regulation5 by unit costs for renovation activities [ obtained from the National Association of Home Builders publication Profile of the Remodeler 1992 and inflated to 2002 dollar values]). The annual number of renovation events in rental target housing, which is estimated to be 6,055,048 units, is based on the total pre 1979 rental units less zero bedroom units not subject to the rule ( American Housing Survey data, HUD, 1997), and the estimated annual number of paid renovation events per year per unit of housing ( estimated using same sources cited above for owner occupied housing). Table 1 provides details on both of these calculations.  14

Table 1. Estimated Number of Renovation Events Activity Expenditures ($ millions) [ a] Unit Cost [ b] Estimated Number of Events [ c]

Maintenance and Repair Improvements TOTAL Maintenance and Repair Improvements Maintenance and Repair Improvements TOTAL Owner Occupied Heating and Central AC [ d] $ 4,050 $ 4,050 [ d] $ 2,552 [ d] 1,586,993 1,586,993 Plumbing [ d] $ 1,655 $ 1,655 [ d] $ 6,260 [ d] 264,298 264,298 Painting $ 5,139 [ d] $ 5,139 $ 2,880 [ d] 1,784,503 [ d] 1,784,503 Siding $ 78 $ 1,520 $ 1,598 $ 3,068 $ 6,855 25,543 221,748 247,291 Interior Restructuring [ d] $ 2,424 $ 2,424 [ d] $ 9,632 [ d] 251,671 251,671 Other $ 5,744 $ 16,399 $ 22,143 $ 2,142 $ 3,440 2,681,891 4,767,553 7,449,444 Total $ 10,962 $ 26,048 $ 37,009   4,491,938 7,092,264 11,584,202 Rental Properties Heating and Central AC [ d] $ 1,923 $ 1,923 [ d] $ 2,552 [ d] 753,669 753,669 Plumbing [ d] [ d] [ d] [ d] [ d] [ d] [ d] [ d]

Painting $ 5,082 [ d] $ 5,082 $ 2,880 [ d] 1,764,559 [ d] 1,764,559 Siding $ 642 $ 439 $ 1,081 $ 3,068 $ 6,855 209,205 64,032 273,237 Interior Restructuring [ d] [ d] [ d] [ d] [ d] [ d] [ d] [ d]

Other $ 3,573 $ 5,487 $ 9,060 $ 2,142 $ 3,440 1,668,436 1,595,148 3,263,583 Total $ 9,297 $ 7,849 $ 17,146   3,642,200 2,412,848 6,055,048 [ a] Expenditures are calculated from the Census Bureau's Residential Improvements and Repair Statistics, 2002. The numbers that appear in this table reflect expenditures that estimated to occur in target housing. To derive the level of expenditure that occurs in target housing, EPA multiplied the amount estimated by Census by 68 percent for owner occupied and 72 percent for rental properties. These percentages, in turn, reflect the percentage of all residences that were ( a) built before 1979 and ( b) that are not zero bedroom residences with no children. The percentages of pre 1979 residences that are not zero bedroom residences with no children were assumed to be 99.8 percent for owner occupied and 96.1 percent for rental properties.

[ b] Unit costs were provided by the National Association of Home Builders ( NAHB) for a previous version of this ICR. Unit costs were updated to 2002 dollars ( to be consistent with the expenditure data) using the consumer price index for housing. The original costs from NAHB were in 1992 dollars. The inflation adjustment was a factor of 1.2141.  15

[ c] The estimated number of event was calculated by dividing the expenditures by unit costs.

[ d] These activities in these categories ( i. e., maintenance and repair, improvements) were determined to be out of scope for this ICR. 6 The previous ICR used an hourly wage for the Finance, Insurance, and Real Estate sectors combined. This ICR uses just the rate for Real Estate, resulting in a lower hourly rate.

7 Data extracted from BLS Current Employment Statistics Data, http:// www. bls. gov/ ces/ home. htm, January 12, 2004.

 16  Obviously, not all renovation contractors or owner/ managers of rental housing will be initiating a renovation activity that is covered by this rule each year, nor will all of the target housing or rental properties that are subject to the rule have renovation activities initiated each year. At this time, however, it is not possible to determine how many renovation activities will occur each year, or how many of those will be subject to this rule. EPA believes that it is reasonable to assume that 100% of the units involved in renovation activities in target housing will be required to take an action in accordance with the final rule, and that the action taken for each event involves the personal delivery by renovators and owners/ managers of a notification or pamphlet directly to the tenant/ occupant, the obtaining of a acknowledgment/ receipt, and recordkeeping. As such, it is not necessary to include separate burden or cost estimates for the alternate delivery methods, which are already captured by the burden estimate provided by the assumed 100% compliance with personal delivery.

The required activity differs for renovation activities in rental housing between activities involving the individual unit and activities involving the common areas. Renovation events occurring in individual rental units require renovators to prepare written acknowledgments for, distribute pamphlets to, and obtain acknowledgments from, both the owner and the tenant of the unit. On the other hand, when renovation events take place in common areas these activities ( prepare written acknowledgment, distribute pamphlet, obtain acknowledgment) apply only to owners of the unit. For occupants affected by common area renovations, renovators are required to ensure written notification of the intended renovation activity and, if requested, make the pamphlet available to any tenants making such a request. The renovator must also document this disclosure activity by preparing a written statement describing the steps performed to notify all occupants of the intended renovation activities. In this ICR costs for providing pamphlets to tenants affected by common area renovations are not included because property owners will likely post copies of the pamphlet in common areas, thereby making them available to any interested tenants. For individual units, the RIA indicates that the majority of renovation activities involving the individual unit actually occur between tenants and while the unit is vacant. As such, EPA estimates that only approximately one fourth of the rental property renovations will occur in the individual unit while it is occupied ( 1,513,762 units).

Estimates for time requirements incurred by respondents in complying with the various activities are based on conversations with renovation contractors, building trades groups, and rental property owners and managers. The costs of time for renovation contractors ( which is $ 33.21/ hour) and rental property managers ( which is $ 22.04/ hour) 6 are based on the average hourly earnings for October, 2003, for the Construction category and the Real Estate category, respectively7. Estimated hourly rates reflect a 64 percent mark up on the raw rate reported by  17  BLS to reflect overhead and benefits. The 64 percent mark up was used in the previous ICR for this collection.

The Agency's estimated burden hours and costs for the information collection activities contained in this rule are summarized below and presented in the attached tables.

Start Up Burden  The start up or first year burden involves the time and cost required to read and learn the disclosure rule's requirements and set up procedures for meeting those requirements. Since start up costs are greatest in the first year following promulgation, the individual start up burden was estimated for renovators and rental property managers performing renovation activities in the 1998 ICR. In the 1998 ICR, EPA had taken the total burden associated with the first year of implementing this final rule and annualized it over the next three years. These burdens and costs have been removed from the current ICR. EPA believes this revised ICR need not include start up costs since they have already been encountered by renovators and rental property managers. The only start up costs considered are those for new entrants to these occupations. EPA estimates that there will be 27,000 new entrants for renovators and 4,000 new entrants for property managers ( See Table 2, and above for details).

Preparation and the Provision of the Information  The burden under this activity section involves the time and cost for preparing and providing the information needed to perform the disclosure activities in conjunction with the renovation of target housing as specified by the rule. In essence, this includes the following activities:

 Preparing written acknowledgment for all Owner/ Occupants  Preparing written acknowledgment for all Owners of rental units ( 1 unit and common area)  Preparing written acknowledgment for 1 unit occupant  Preparing and delivering the pamphlet to individual Owner/ Occupants, owners of all rental units, and 1 unit rental occupants  Obtaining acknowledgment of the delivered pamphlet from all Owner/ Occupants, owners of all rental units, and 1 unit rental occupants  Preparing and posting the Notification for common area activities  Preparing a statement describing the steps performed to notify all occupants of common areas of the intended renovation Since the owner/ occupant activities, i. e., receiving the pamphlet and signing the acknowledgment of receipt, do not need to be included in the estimate ( see earlier discussion), EPA has only estimated the burden for those activities of the renovator/ manager in this transaction. Specifically, the renovator/ manager must prepare the appropriate document, make sufficient copies, distribute the information, and obtain the acknowledgments. Since per event burden is likely to vary greatly, dependent upon such highly variable factors as the method of delivery chosen, the frequency of this activity for the individual manager/ renovator, the number of events, experience and individual efficiencies, EPA has attempted to simplify the estimate by  18  making some general assumptions. These assumptions are likely to result in an overall overestimate, which the Agency believes will help ensure that all the variations in these activities are covered.

For the purposes of calculating the burden and costs, EPA has assumed 100% of the renovation activities in owner occupied housing ( 11,584,202), and 25% of rental property renovation activities ( 1,513,762  assumed earlier as the estimated number of renovation events taking place in the individual unit) will involve the preparation of a written acknowledgment. In addition, written acknowledgments will also be prepared for 100% of owners of rental units ( 6,055,048). EPA has also assumed that 100% of the renovation activities in rental housing will involve the notification. In addition, EPA has provided average burden estimates, i. e., since the burden calculations for the certificate and notification are estimated to be about 2 minutes to prepare the document for the first event, and less than 1 minute to copy that document for subsequent distribution, EPA has used the estimated 2 minutes per event.

The renovator/ manager is also required to distribute the pamphlet and obtain acknowledgments from all owner occupants ( 11,584,202), all owners of rental units ( 6,055,048), and individual unit rental occupants ( 1,513,762). As explained in the final rule preamble, EPA has provided ample flexibility to the renovator/ manager for their distribution of the pamphlet or notification. Since the renovator/ manager will already visit the site on more than one occasion to complete the contract transaction, evaluate the site for estimate purposes, deliver material and the like, EPA believes that personal delivery, i. e., distribution of the pamphlet or notification, is likely to be combined with one of these other activities. Since the manager/ renovator must obtain the acknowledgment from the recipient when the information is provided, this activity will also occur at this time. EPA estimates that this transaction may take less than 1 minute, and no more than 4 minutes. For the ICR, EPA has used an average estimate of 2 minutes per event for these calculations. By assuming that all recipients will provide the acknowledgment, and given the overestimate in the number of events, EPA believes that this estimate also covers those situations in which the manager/ renovator may need to provide a self certification for failed deliveries. Furthermore, EPA did not take any credits or reductions to reflect the potential exemptions.

As noted above, renovation activities taking place in the common area also require the preparation of a statement describing the steps performed to notify each occupant of the intended renovation. For this requirement, EPA is assuming a time estimate of 5 minutes per event. ( See Table 2.)

The time estimates are based on conversations with renovation contractors, building trades groups, and rental property owners and managers. In determining the corresponding annual cost, EPA used the hourly rate for a renovation contractor ($ 31.21/ hr). ( See Table 2.)  19  Table 2  Total Annual Burden and Cost Estimates for Renovation Contractors and Owners/ Rental Property Managers Activity Total # People/ Events Per Event Average Total Average Burden [ a] Cost Burden [ b] Cost [ c]

Start up for Annual New Entrant  Renovator 27,000 [ d] 1.00 $ 31.21 27,000 $ 842,670 Start up for Annual New Entrant  Rental Manager 4,000 [ e] 1.00 $ 22.04 4,000 $ 88,160 Preparing written acknowledgment for Owner/ Occupants 11,584,202 [ f] 0.033 $ 1.03 382,279 $ 11,931,728 Preparing written acknowledgment for 1 unit rental occupant 1,513,762 [ g] 0.033 $ 1.03 49,954 $ 1,559,175 Preparing written acknowledgment for all Owners of rental units 6,055,048 [ h] 0.033 $ 1.03 199,817 $ 6,236,699 Distribution of pamphlet and obtaining acknowledgment from Owner/ Occupants 11,584,202 [ f] 0.033 $ 1.03 382,279 $ 11,931,728 Distribution of pamphlet and obtaining acknowledgment from 1 unit rental occupants 1,513,762 [ g] 0.033 $ 1.03 49,954 $ 1,559,175 Distribution of pamphlet and obtaining acknowledgment from all Owners of rental units 6,055,048 [ h] 0.033 $ 1.03 199,817 $ 6,236,699 Notification for common area activities 6,055,048 [ h] 0.033 $ 1.03 199,817 $ 6,236,699 Preparing, signing, and dating a statement describing the steps performed to notify all common area occupants of the intended renovation 6,055,048 [ h] 0.083 $ 2.59 502,569 $ 15,682,574 Filing and retaining acknowledgments 17,639,250 [ i] 0.083 $ 2.59 1,464,058 $ 45,685,658 Totals 3,461,542 $ 107,990,966  20  [ a] These numbers have been rounded. [ b] Total average burdens were estimated by multiplying total people/ events by per event average burden. [ c] Total costs were estimated by multiplying per event average costs by pre rounded total average burden. [ d] This is the number of new entrants to renovation. [ e] This is the number of new entrants to property management. [ f] This is the number of renovation events performed in owner occupied housing. [ g] This is the number of renovation events in rental property units that are occupied at the time of the renovation. [ h] This is the number of renovation events in rental property units. [ i] This is the total number of renovation events in both owner occupied units and in rental properties.

Recordkeeping Burden  The Recordkeeping Burden involves the time and cost for meeting the disclosure rule's recordkeeping requirements. The individual recordkeeping burden for renovation contractors and property managers performing renovation work is based on the estimated total annual number of renovations performed 17,639,250 ( 11,584,202 + 6,055,048), and the total amount of time spent in the recordkeeping activity ( approximately 5 minutes per event). In determining the corresponding annual cost, EPA used the hourly rate for a renovation contractor ($ 31.21/ hr). ( See " Filing and retaining acknowledgments" in Table 2.)

Costs for Materials  The materials costs for this ICR consists of the cost of purchasing or duplicating the Lead Hazard Pamphlets. The Lead Hazard Pamphlets are 16 pages, printed front and back, folded sheet format ( i. e., 4 sheets of standard sized paper per document). EPA believes that most renovators will purchase the pamphlet in bulk, although some may choose to save money by making their own duplicates of the pamphlet. As a conservative estimate, EPA is assuming copying costs of $ 0.34 for 100% of renovators and rental managers. EPA assumes that all owner occupied renovation events and rental renovation events taking place in the individual unit will require a copy of the pamphlet. As a result, the total cost of pamphlets incurred by renovators and property managers is $ 3,938,629, which was calculated using the copying cost per pamphlet, and the total number of pamphlets required ( 11,584,202).

6( b) Estimating Agency Burden and Cost Not applicable. This is a third party notification rule.

6( c) Bottom Line Burden Hours and Costs/ Master Table The total annual burden for this ICR is therefore 3,461,542 hours. The total annual cost is estimated to be $ 111,929,595 including $ 107,990,966 for implementation activities and $ 3,938,629 for estimated capital expenditures. See Table 3. 8 See footnote number 4 above.

 21  Table 3  Total Estimated Burden and Costs Burden Hours Cost Total Implementation Activities 3,461,542 $ 107,990,966 Material Costs  $ 3,938,629 TOTAL 3,461,542 $ 111,929,595 6( d) Reasons for Changes in Burden It is important to note that the previously approved ICR included an estimated burden of 2,938,546 hours. This represents a difference of 523,000 hours between this ICR and the previously approved ICR. The reason for the increase is an increase in the estimated number of annual renovation events. The difference are detailed in Table 4. Thus, there are an additional 2.85 million estimated renovation events under the current ICR. The increased number of events reflects increased spending on renovations ( i. e., from Census data). The increased spending on renovations in the United States as a whole reflects a general economic trend. The increase in renovation has been partly fueled by historically low levels of interest rates.

Table 4. Changes in the Number of Estimated Renovation Events Renovation Event Previously Approved ICR Current ICR Difference Owner Occupied 10,678,100 11,548,202 870,102 One Unit Dwellings 1,117,681 1,513,762 396,081 Common Areas 4,470,723 6,055,048 1,584,325 TOTAL 16,266,504 19,117,012 2,850,508 6( e) Burden Statement The annual public burden for this collection of information, which is approved under OMB Control No. 2070 0158, is estimated to be 1.39 hours per respondent. There are an estimated 2,482,000 respondents and an estimated 3,461,542 burden hours. This represents an increase from the previous ICR's burden of 0.96 hours. The increase, however, is due to a change in the data used to estimate respondents8. According to the Paperwork Reduction Act, " 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. For this collection it includes such  22  activities as annual familiarization with requirements for new entrants, the preparation of acknowledgment or notification documents, the provision of the notification document, and record retention of any acknowledgments. 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, are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OPPT 2004 0082, which is available for public viewing at the Pollution Prevention and Toxics Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1544 and the telephone number for the Pollution Prevention and Toxics Docket is ( 202) 566 0280. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. OPPT xxxx xxxx and OMB control number 2070 0158 in any correspondence. EPA ICR No. 1669.04; OMB Control No. 2070 0158 Appendix 1 Toxic Substances Control Act ( TSCA) Section 406 15 U. S. C. 2686 Sec. 2686. Lead hazard information pamphlet ( a) Lead hazard information pamphlet Not later than 2 years after October 28, 1992, after notice and opportunity for comment, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Housing and Urban Development and with the Secretary of Health and Human Services, shall publish, and from time to time revise, a lead hazard information pamphlet to be used in connection with this subchapter and section 4852d of title 42. The pamphlet shall  ( 1) contain information regarding the health risks associated with exposure to lead; ( 2) provide information on the presence of lead based paint hazards in federally assisted, federally owned, and target housing; ( 3) describe the risks of lead exposure for children under 6 years of age, pregnant women, women of childbearing age, persons involved in home renovation, and others residing in a dwelling with lead based paint hazards; ( 4) describe the risks of renovation in a dwelling with lead based paint hazards; ( 5) provide information on approved methods for evaluating and reducing lead based paint hazards and their effectiveness in identifying, reducing, eliminating, or preventing exposure to lead based paint hazards; ( 6) advise persons how to obtain a list of contractors certified pursuant to this subchapter in lead based paint hazard evaluation and reduction in the area in which the pamphlet is to be used; ( 7) state that a risk assessment or inspection for lead based paint is recommended prior to the purchase, lease, or renovation of target housing; ( 8) state that certain State and local laws impose additional requirements related to lead based paint in housing and provide a listing of Federal, State, and local agencies in each State, including address and telephone number, that can provide information about applicable laws and available governmental and private assistance and financing; and ( 9) provide such other information about environmental hazards associated with residential real property as the Administrator deems appropriate. ( b) Renovation of target housing Within 2 years after October 28, 1992, the Administrator shall promulgate regulations under this subsection to require each person who performs for compensation a renovation of target housing to provide a lead hazard information pamphlet to the owner and occupant of such housing prior to commencing the renovation. EPA ICR No. 1669.04; OMB Control No. 2070 0158 Attachment 2 40 CFR Part 745, Subpart E TITLE 40 PROTECTION OF ENVIRONMENT CHAPTER I ENVIRONMENTAL PROTECTION AGENCY PART 745 LEAD BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES Table of Contents Subpart E Residential Property Renovation Source: 63 FR 29919, June 1, 1998, unless otherwise noted.

Sec. 745.80 Purpose.

This subpart contains regulations developed under Title IV ( 15 U. S. C. 2681 2692) of the Toxic Substances Control Act and applies to all renovations of target housing performed for compensation. The purpose of this subpart is to require each person who performs a renovation of target housing for compensation to provide a lead hazard information pamphlet to the owner and occupant of such housing prior to commencing the renovation.

Sec. 745.81 Effective date.

The requirements in this subpart shall take effect on June 1, 1999.

Sec. 745.82 Applicability.

( a) Except as provided in paragraph ( b) of this section, this subpart applies to all renovations of target housing performed for compensation. ( b) This subpart does not apply to renovation activities that are limited to the following: ( 1) Minor repair and maintenance activities ( including minor electrical work and plumbing) that disrupt 2 square feet or less of painted surface per component. ( 2) Emergency renovation operations. ( 3) Renovations in target housing in which a written determination has been made by an inspector ( certified pursuant to either Federal regulations at Sec. 745.226 or a State or Tribal certification program authorized pursuant to Sec. 745.324) that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight, where the renovator has obtained a copy of the determination.

Sec. 745.83 Definitions.

For purposes of this part, the definitions in Sec. 745.103 as well as the following definitions apply: Administrator means the Administrator of the Environmental Protection Agency. Emergency renovation operations means renovation activities, such as operations necessitated by non routine failures of equipment, that were not planned but result from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment and/ or property with significant damage. Multi family housing means a housing property consisting of more than four dwelling units. Pamphlet means the EPA pamphlet developed under section 406( a) of TSCA for use in complying with this and other rulemakings under Title IV of TSCA and the Residential Lead Based Paint Hazard Reduction Act, or any State or Tribal pamphlet approved by EPA pursuant to 40 CFR 745.326 that is developed for the same purpose. This includes reproductions of the pamphlet when copied in full and without revision or deletion of material from the pamphlet ( except for the addition or revision of State or local sources of information). Person means any natural or judicial person including any individual, corporation, partnership, or association; any Indian Tribe, State, or political subdivision thereof; any interstate body; and any department, agency, or instrumentality of the Federal Government. Renovation means the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement as defined by this part ( 40 CFR 745.223). The term renovation includes ( but is not limited to): the removal or modification of painted surfaces or painted components ( e. g., modification of painted doors, surface preparation activity ( such as sanding, scraping, or other such activities that may generate paint dust)); the removal of large structures ( e. g., walls, ceiling, large surface replastering, major re plumbing); and window replacement. Renovator means any person who performs for compensation a renovation.

Sec. 745.84 Confidential business information.

( a) Those who assert a confidentiality claim for submitted information must provide EPA with two copies of their submission. The first copy must be complete and contain all information being claimed as confidential. The second copy must contain only information not claimed as confidential. EPA will place the second copy of the submission in the public file. ( b) EPA will disclose information subject to a claim of confidentiality only to the extent permitted by section 14 of TSCA and 40 CFR part 2, subpart B. If a person does not assert a claim of confidentiality for information at the time it is submitted to EPA, EPA may make the information public without further notice to that person.

Sec. 745.85 Information distribution requirements.

( a) Renovations in dwelling units. No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, the renovator shall: ( 1) Provide the owner of the unit with the pamphlet, and comply with one of the following: ( i) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet. ( ii) Obtain a certificate of mailing at least 7 days prior to the renovation. ( 2) In addition to the requirements in paragraph ( a)( 1) of this section, if the owner does not occupy the dwelling unit, provide an adult occupant of the unit with the pamphlet, and comply with one of the following: ( i) Obtain, from the adult occupant, a written acknowledgment that the occupant has received the pamphlet; or certify in writing that a pamphlet has been delivered to the dwelling and that the renovator has been unsuccessful in obtaining a written acknowledgment from an adult occupant. Such certification must include the address of the unit undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgment ( e. g., occupant refuses to sign, no adult occupant available), the signature of the renovator, and the date of signature. ( ii) Obtain a certificate of mailing at least 7 days prior to the renovation. ( b) Renovations in common areas. No more than 60 days before beginning renovation activities in common areas of multi family housing, the renovator shall: ( 1) Provide the owner with the pamphlet, and comply with one of the following: ( i) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet. ( ii) Obtain a certificate of mailing at least 7 days prior to the renovation. ( 2) Notify in writing, or ensure written notification of, each unit of the multi family housing and make the pamphlet available upon request prior to the start of renovation. Such notification shall be accomplished by distributing written notice to each affected unit. The notice shall describe the general nature and locations of the planned renovation activities; the expected starting and ending dates; and a statement of how the occupant can obtain the pamphlet, at no charge, from the renovator. ( 3) Prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet. ( 4) If the scope, locations, or expected starting and ending dates of the planned renovation activities change after the initial notification, the renovator shall provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notification must be provided before the renovator initiates work beyond that which was described in the original notice. ( c) Written acknowledgment. Sample language for such acknowledgments is provided in Sec. 745.88. The written acknowledgments required in paragraphs ( a)( 1)( i), ( a)( 2)( i), and ( b)( 1)( i) of this section shall: ( 1) Include a statement recording the owner or occupant's name and acknowledging receipt of the pamphlet prior to the start of renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of signature. ( 2) Be either a separate sheet or part of any written contract or service agreement for the renovation. ( 3) Be written in the same language as the text of the contract or agreement for the renovation or, in the case of non owner occupied target housing, in the same language as the lease or rental agreement or the pamphlet.

Sec. 745.86 Recordkeeping requirements.

( a) Renovators shall retain and, if requested, make available to EPA all records necessary to demonstrate compliance with this subpart for a period of 3 years following completion of the renovation activities in target housing. This 3 year retention requirement does not supersede longer obligations required by other provisions for retaining the same documentation, including any applicable State or Tribal laws or regulations. ( b) Records that must be retained pursuant to paragraph ( a) of this section shall include ( where applicable): ( 1) Reports certifying that a determination had been made by an inspector ( certified pursuant to either Federal regulations at Sec. 745.226 or an EPA authorized State or Tribal certification program) that lead based paint is not present in the area affected by the renovation, as described in Sec. 745.82( b)( vi). ( 2) Signed and dated acknowledgments of receipt as described in Sec. 745.85( a)( 1)( i), ( a)( 2)( i), and ( b)( 1)( i). ( 3) Certifications of attempted delivery as described in Sec. 745.85( a)( 2)( i). ( 4) Certificates of mailing as described in Sec. 745.85( a)( 1)( ii), ( a)( 2)( ii), and ( b)( 1)( ii). ( 5) Records of notification activities performed regarding common area renovations, as described in Sec. 745.85( b) ( 3) and ( 4).

Sec. 745.87 Enforcement and inspections.

( a) Failure or refusal to comply with any provision of this subpart is a violation of TSCA section 409 ( 15 U. S. C. 2689). ( b) Failure or refusal to establish and maintain records or to make available or permit access to or copying of records, as required by this subpart, is a violation of TSCA sections 15 and 409 ( 15 U. S. C. 2614 and 2689). ( c) Failure or refusal to permit entry or inspection as required by 40 CFR 745.87 and TSCA section 11 ( 15 U. S. C. 2610) is a violation of sections 15 and 409 ( 15 U. S. C. 2614 and 2689). ( d) Violators may be subject to civil and criminal sanctions pursuant to TSCA section 16 ( 15 U. S. C. 2615) for each violation. ( e) EPA may conduct inspections and issue subpoenas pursuant to the provisions of TSCA section 11 ( 15 U. S. C. 2610) to ensure compliance with this subpart.

Sec. 745.88 Acknowledgment and certification statements.

( a)( 1) Acknowledgment statement. As required under Sec. 745.85( c)( 1), acknowledgments shall include a statement of receipt of the pamphlet prior to the start of renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of signature. ( 2) Sample acknowledgment language. The following is a sample of language that could be used for such acknowledgments:

I have received a copy of the pamphlet, Protect Your Family From Lead In Your Home, informing me of the potential risk of lead hazard exposure from renovation activity to be performed in my dwelling unit. I received this pamphlet before the work began. __________________________________________ __________________________________________

Printed Name and Signature __________________________________________ Date __________________________________________ __________________________________________ Unit Address ( b)( 1) Certification of attempted delivery. When an occupant is unavailable for signature or refuses to sign the acknowledgment of receipt of the pamphlet, the renovator is permitted ( per Sec. 745.85( a)( 2)( i)) to certify delivery for each instance. The certification shall include the address of the unit undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgment ( e. g. occupant refuses to sign, no adult occupant available), the signature of the renovator, and the date of signature. ( 2) Sample certification language. The following is a sample of language that could be used under those circumstances: ( i) Unavailable for signature.

I certify that I have made a good faith effort to deliver the pamphlet, Protect Your Family From Lead In Your Home, to the unit listed below at the dates and times indicated, and that the occupant refused to sign the acknowledgment. I further certify that I have left a copy of the pamphlet at the unit with the occupant. __________________________________________ __________________________________________

Printed Name and Signature __________________________________________ Date __________________________________________ __

[[ Page 461]]

XXXXXXXXXXXXXXXXXXXX Unit Address Attempted delivery dates and times:

( ii) Refusal to sign.

I certify that I have made a good faith effort to deliver the pamphlet, Protect Your Family From Lead In Your Home, to the unit listed below, and that the occupant was unavailable to sign the acknowledgment. I further certify that I have left a copy of the pamphlet at the unit by sliding it under the door. __________________________________________ __________________________________________

Printed Name and Signature __________________________________________ Date __________________________________________ __________________________________________ Unit Address Attempted delivery dates and times: EPA ICR No. 1669.04; OMB Control No. 2070 0158 Attachment 3 Lead Hazard Information Pamphlet ( Note: An electronic copy of this attachment is available on the EPA Website at: http:// www. epa. gov/ opptintr/ lead/ leadpdfe. pdf .)


[Federal Register Volume 85, Number 238 (Thursday, December 10, 2020)]
[Notices]
[Page 79498]
[FR Doc No: 2020-27173]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4559-DR; Docket ID FEMA-2020-0001]

Louisiana; Amendment No. 13 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Louisiana (FEMA-4559-DR), dated August 28, 2020, and
related determinations.

DATES: This amendment was issued October 29, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated October 29, 2020, the President amended the cost-sharing
arrangements regarding Federal funds provided under the authority of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''), in a letter to Pete Gaynor,
Administrator, Federal Emergency Management Agency, Department of
Homeland Security, under Executive Order 12148, as follows:

    I have determined that the damage in certain areas of the State
of Louisiana resulting from Hurricane Laura during the period of
August 22 to August 27, 2020, is of sufficient severity and
magnitude that special cost sharing arrangements are warranted
regarding Federal funds provided under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act'').
    Therefore, I amend my declaration of August 28, 2020, to
authorize a 100 percent Federal cost share for debris removal and
emergency protective measures (Categories A and B), including direct
Federal assistance, under the Public Assistance program for a
continuous period of 30 days established by the State of Louisiana.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-27173 Filed 12-9-20; 8:45 am]
BILLING CODE 9111-23-P