[ Federal Register: March 9, 1994]

BILLING CODE 3510 22 C _______________________________________________________________________

Part II Environmental Protection Agency _______________________________________________________________________

40 CFR Part 745 Lead; Requirements for Hazard Education Before * Renovation* of Target Housing; Proposed Rule Lead Hazard Information Pamphlet; Notice of Availability; Notice =======================================================================

ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 745 [ OPPTS 62131; FRL 4637 5] RIN 2070 AC65 Lead; Requirements for Hazard Education Before * Renovation* of Target Housing AGENCY: Environmental Protection Agency ( EPA).

ACTION: Proposed rule.

SUMMARY: As mandated by Title IV of the Toxic Substances Control Act, EPA proposes requirements to ensure that owners and occupants of target housing fully understand the potential hazards of lead based paint exposure before certain renovations are begun on that housing. Specifically, before renovating target housing for compensation, renovators would be required to provide an EPA lead hazard information pamphlet to the owners and occupants of the housing. In addition to providing general information on the health hazards associated with lead, this information pamphlet would advise owners and occupants to take appropriate precautions to avoid exposures to lead contaminated dust and lead based paint debris that is sometimes generated during renovations.

DATES: Written comments in response to this proposed rule must be received on or before May 9, 1994. If persons request an opportunity for oral comment, EPA will consider holding an informal hearing in Washington, DC. The exact date, time, and location of such a hearing, if held, will be announced in the Federal Register. Requests for oral comment must be received by April 8, 1994. EPA will decide whether to hold such a hearing by April 28, 1994.

ADDRESSES: Submit three copies of all written comments to: TSCA Document Receipts ( 7407), Rm. NE G99, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. All comments on this proposed rule should be identified by the docket number OPPTS 62131. For further information regarding the submission of comments containing confidential business information, see Unit X of this preamble.

FOR FURTHER INFORMATION CONTACT: For general information contact: Susan B. Hazen, Director, Environmental Assistance Division ( 7408), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, Telephone: 202 554 1404, TDD: 202 554 0551. For technical information contact: Charles Franklin, Chemical Management Division ( 7404), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, Telephone: 202 260 1781, Fax number: 202 260 0770. SUPPLEMENTARY INFORMATION:

I. Statutory Authority This proposed rule is issued under the authority of section 406( b) of the Toxic Substances Control Act ( TSCA), 15 U. S. C. 2686( b). TSCA was amended in 1992 to add Title IV, entitled Lead Exposure Reduction, by section 1021 of the Residential Lead Based Paint Hazard Reduction Act of 1992, Pub. L. 102 550.

II. Background A. Legal Background In 1992, Congress, recognizing the need to control the hazards of exposure to lead based paint, passed the Residential Lead Based Paint Hazard Reduction Act of 1992, Pub. L. 102 550 (`` the Act''). Congress recognized that lead poisoning is a particular threat to children under age 6, and emphasized the needs of this vulnerable population within the Act. The stated purposes of the Act are: ( 1) To develop a strategy to build the infrastructure necessary to eliminate lead based paint hazards in all housing as expeditiously as possible; ( 2) to reorient the national approach to the presence of lead based paint in housing to implement, on a priority basis, a broad program to evaluate and reduce lead based paint hazards in the Nation's housing stock; ( 3) to encourage effective action to prevent childhood lead poisoning by establishing a workable framework for lead based paint hazard evaluation and reduction and by ending the current confusion over reasonable standards of care; ( 4) to ensure that the existence of leadbased paint hazards is taken into account in the development of Government housing policies and in the sale, rental, and * renovation* of homes and apartments; ( 5) to mobilize national resources expeditiously, through a partnership among all levels of government and the private sector, to develop the most promising, cost effective methods for evaluating and reducing lead based paint hazards; ( 6) to reduce the threat of childhood lead poisoning in housing owned, assisted, or transferred by the Federal Government; and ( 7) to educate the public concerning the hazards and sources of lead based paint poisoning and steps to reduce and eliminate such hazards ( section 1003 of the Act). Actions under some sections of the Act are to be developed and administered by the Department of Housing and Urban Development ( HUD), some by EPA, and some jointly accomplished by both agencies. Several of the sections call for EPA consultation with other Federal agencies. Section 1021 of the Act amends TSCA ( 15 U. S. C. 2601, et seq.) by adding Title IV, entitled `` Lead Exposure Reduction.'' Today's proposed rule is issued under the authority of section 406( b) of TSCA's Title IV. Section 406( b) directs EPA to issue requirements for the provision of a lead hazard pamphlet ( developed under section 406( a)) to owners and occupants of target housing before persons performing * renovation* work for compensation begin such activities. Below is a more detailed discussion of several related provisions of the Act which provides context for many of the decisions made during the development of this proposed rule. Section 406( a) of TSCA requires EPA to publish, after consultation with HUD and the Department of Health and Human Services ( HHS), and after notice and an opportunity for public comment, a pamphlet on lead and the hazards of exposure to lead based paint in the home. The availability of this pamphlet for public comment is published elsewhere in this issue of the Federal Register. Following the 60 day comment period, EPA will incorporate comments as appropriate and announce the availability of the revised final version of the pamphlet in the Federal Register. In addition to outlining health effects and symptoms of lead exposure, section 406( a) requires that this pamphlet contain information on the potential hazards of renovating dwellings containing lead based paint; recommend the performance of an inspection or risk assessment for lead based paint before beginning renovations in target housing; suggest precautionary measures for protecting occupants during renovations in homes containing lead based paint; and identify Federal, State, and local sources of information on lead and lead based paint. Section 402( c)( 1) of TSCA directs EPA to issue guidelines for the conduct of * renovation* and remodeling activities which may create a risk of exposure to dangerous levels of lead when performed in target housing, public buildings constructed before 1978, and commercial buildings. Section 401 of TSCA provides a general definition of a lead based paint hazard. Congress directed EPA under section 403 to issue regulations defining this term more specifically. Section 404 of TSCA directs EPA to develop an application process for those States or Tribes which seek to administer and enforce the standards, regulations, and requirements established under sections 402 and/ or 406. Section 404 also directs EPA to develop and issue a Model State Program for use by States/ Tribes pursuing authorization under these provisions. The authorization process for States and Tribes will be proposed by EPA in a separate rulemaking in the Federal Register, including specific definitions for the terms `` State'' and `` Tribe.'' This proposed rule does, however, include information on the model State/ Tribal program for the provisions required under section 406. Two sections of the Residential Lead Based Paint Hazard Reduction Act of 1992 also require the dissemination of EPA's lead hazard pamphlet that is being developed pursuant to section 406( a) of TSCA. First, section 1018 requires EPA and HUD to promulgate joint regulations for disclosure of lead based paint hazards in target housing which is offered for sale or lease. The section 1018 regulations include the requirement that the lead hazard pamphlet be given to prospective purchasers or lessees. Section 1018 requirements will be proposed by EPA and HUD in a joint rulemaking in a future issue of the Federal Register. Second, section 1012 amends section 302 of the Lead Based Paint Poisoning Prevention Act ( 42 U. S. C 4822) to require the provision of EPA's lead hazard information pamphlet to purchasers and tenants of Federally assisted housing by the Secretary of HUD. The section 1021 requirements are being developed by HUD as a separate initiative.

B. Lead Background 1. Lead and lead based paint. Lead is a soft, bluish metallic element mined from rock and found in its natural state all over the world. Lead is virtually indestructible, is nonbiodegradable, and has been known since antiquity for its adaptability in making various useful items. In modern times it has been used to manufacture many different products, including paint, batteries, pipes, solder, pottery, and gasoline. From the turn of the century through the 1940' s, paint manufacturers frequently used lead as a primary ingredient in many oilbased interior and exterior house paints. Usage gradually decreased through the 1950' s and 60' s as latex paints ( which are generally leadfree became more widespread. Although the Consumer Product Safety Commission ( CPSC) banned lead based paints from residential use in 1978 ( paint currently may not have greater than .06 percent lead by weight), HUD estimates that 75 percent of the houses built in the United States before 1978 contain some lead based paint ( Ref. 3). By current estimations, approximately 57 million homes may contain lead based paint ( Ref. 3). This lead based paint may pose a potential hazard to the occupants under some conditions. 2. Lead hazards. Lead affects virtually every system of the body. While it is harmful to individuals of all ages, lead exposure is especially harmful to children, fetuses, and women of childbearing age. Results of recent studies suggest that lead's adverse effects occur at blood lead levels previously thought to be safe; in fact, there does not yet appear to be a discernable threshold for the adverse effects of lead on the young. Lead poisoning has been called `` the silent disease'' because its effects often occur gradually and imperceptibly, showing no obvious symptoms. Over time, low levels of lead in the bloodstream can cause learning disabilities, interfere with growth, cause permanent hearing and visual impairment, and cause other damage to the brain and nervous system. In large doses, lead can cause blindness, brain damage, convulsions, and even death. Lead exposure before or during pregnancy can also affect fetal development and cause miscarriages. In 1991, the Secretary of HHS characterized lead poisoning as the `` number one environmental threat to the health of children in the United States''( Ref. 1). Although the percentage of children with elevated blood lead levels has declined over the last 20 years with the reduction of lead in gasoline, millions of U. S. children still have levels of lead in their blood high enough to seriously threaten their health ( Ref. 1). Lead based paint poses a health threat through various routes of exposure. Children under age 6 may ingest lead based paint chips from flaking walls, window wells, and doors. Lead from exterior house paint can flake off or leach into the soil around the outside of a home, contaminating children's playing areas. Dust caused during normal leadbased paint wear ( especially around windows and doors) can create an invisible film over surfaces in a house. In some cases, cleaning and * renovation* activities can actually increase the threat of lead based paint exposure by dispersing fine lead dust particles in the air and over accessible household surfaces. Both adults and children can receive hazardous exposures by inhaling the fine dust or by ingesting paint dust during hand to mouth activities.

III. Definitions To implement the section 406 requirements, a number of terms need to be defined. This section will provide the proposed regulatory definition first in quoted text followed by an explanation of the definition's source. Where possible, EPA has drawn definitions directly from Title IV of TSCA. In cases where the statute either failed to define terms necessary for the rule or did not provide a complete enough definition, EPA is proposing appropriate definitions, along with an explanation of their sources and discussion of relevant issues. EPA is accepting comment on all definitions not taken directly from the statute. Unless otherwise indicated, all definitions will be located in Subpart A at 40 CFR 745.3 ( Definitions). Definitions not included in Subpart A would be applicable only to the specific subpart in which they appear, in this case, Subpart F.

a. Act means the Toxic Substances Control Act ( TSCA), 15 U. S. C. 260 et seq.

b. Administrator means the Administrator of the Environmental Protection Agency.

c. Common area means a portion of a building generally accessible to all residents/ users including, but not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, and boundary fences.

EPA developed this definition by modifying a definition provided in HUD's September 1990, version of Lead Based Paint: Interim Guidelines for Hazard Identification and Abatement in Public and Indian Housing. While EPA is proposing this definition for use under the section 406 regulatory requirements, which only addresses target housing, this definition would potentially be applicable to other rulemakings required pursuant to TSCA Title IV and the Residential Lead Based Paint Hazard Reduction Act ( Pub. L. 102 550). The modifications to HUD's definition were necessary to broaden the scope of `` common area'' to meet the requirements of other rulemakings which may refer to many types of buildings.

d. Dwelling unit means a single, unified combination of rooms designed for use as a dwelling by one family.

EPA is proposing to use the same definition promulgated by HUD in a final rule published in the Federal Register of August 17, 1993 ( 58 FR 43522).

e. EPA means the Environmental Protection Agency.

f. Lead based paint means paint or other surface coatings that contain lead in excess of 1.0 milligrams per centimeter squared or 0.5 percent by weight or ( A) in the case of paint or other surface coatings on target housing, such lower level as may be established by the Secretary of Housing and Urban Development as defined under section 302( c) of the Lead Based Paint Poisoning Prevention Act, or ( B) in the case of any other paint or surface coatings, such other level as may be established by the Administrator. This definition appears in section 401( 9) of TSCA.

g. Lead based paint hazard means any condition that causes exposure to lead from lead contaminated dust, lead contaminated soil, lead contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects in pregnant women or young children. This definition appears in section 401( 10) of TSCA.

h. Multi family housing means a housing property consisting of more than four dwelling units.

EPA has drawn this definition from section 544 of Title V of the Community Housing and Development Act of 1992 ( Pub. L. 102 550). The provisions of Title V are directed at HUD and do not specifically address EPA mandates. However, as EPA and HUD will both be involved in developing regulations involving lead based paint in housing ( including multi family housing), EPA believes that its definition should be consistent with both current and future Federal lead based paint regulations. i. Owner means any individual, partnership, corporation, or trusteeship that has legal right of possession of residential property, or any person legally authorized to represent that individual, partnership, corporation, or trusteeship.

EPA intends to use this definition to clarify that the owner of the housing should be considered the individual possessing and managing a property, rather than a bank or other loan related organization. EPA invites comment on this definition.

j. Person means any natural person, firm, company, corporation, joint venture, partnership, sole proprietorship, association, or any other business entity, any State or political subdivision thereof, any municipality, any interstate body, any Indian tribe, and any department, agency, or instrumentality of the Federal government.

EPA is proposing to use the same definition of person as used by EPA's Asbestos program in 40 CFR 763.63( 1), ( with the additional reference to Indian tribe) to clarify that these many types of entities are also regulated parties.

k. Residential dwelling means ( a) a single family dwelling, including attached structures such as porches and stoops, or ( b) a single family dwelling unit in a structure that contains more than one separate residential dwelling unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.

This definition appears in section 401( 14) of TSCA.

l. State has the same meaning as in section 3 of the Toxic Substances Control Act.

m. Target housing means any housing constructed prior to 1978, except 0 bedroom dwellings, or housing for the elderly or persons with disabilities ( unless any child who is less than 6 years of age resides or is expected to reside in the dwelling). In the case of jurisdictions which banned the sale or use of lead based paint prior to 1978, the Secretary of Housing and Urban Development, at the Secretary's discretion, may designate an earlier date.

This definition is provided in section 401( 17) of TSCA. The Act excludes housing constructed after 1978 since lead based paint was banned by CPSC from all residential use after that date. EPA interprets the term `` 0 bedroom dwelling'' to mean any dwelling in which the living area is unseparated from the sleeping area. Under this definition, efficiencies and studio apartments, loft space, and single room dormitory units would be exempt from the requirements of this proposed rule unless children under 6 years of age reside or may reside in the unit. As directed in the statute, the exclusions for 0 bedroom dwelling, elderly housing, and handicapped housing do not apply to any housing in which children under 6 years old reside or are expected to reside. EPA also considered whether Congress intended to include hotels, motels, inns, and other commercial lodging facilities in the term `` housing.'' Although not specifically stated, EPA believes it is reasonable to interpret that Congress' intent was to distinguish residential housing from commercial lodging facilities. Specifically, the definition of target housing intends to capture housing designed for long term or continuous residence ( e. g., apartments, condominiums, and houses), as opposed to lodging facilities offering temporary accommodations ( e. g., hotels and motels). Given the high frequency and short duration of transactions, EPA believes it is impractical to apply the requirements of this subpart to rental transactions in motels, hotels, and other commercial lodging facilities. In cases where families with children under 6 years of age might rent or purchase such units as long term residences, however, EPA believes it is consistent with the statute for those establishments to be considered target housing under this subpart's requirements. EPA requests comment on this definition as it relates to the requirements under section 406 of TSCA.

n. TSCA means the Toxic Substances Control Act ( 15 U. S. C. et seq.)

This definition appears in section 401( 9) of TSCA.

o. * Renovation* means the modifying of any existing structure, or portion thereof, where exposure to the hazards of lead based paint may result, unless the activity is performed as part of a lead abatement program by a certified contractor, or unless otherwise regulated by EPA in Subpart G.

Section 406( b) of TSCA directs EPA to issue regulations governing any person who performs for compensation, a * renovation* of target housing. Because the statute fails to define ``* renovation*,'' EPA has sought to develop a definition that is both consistent with existing regulations and effective in addressing the exposure prevention goals of the statute. EPA is primarily concerned with activities that may disturb existing lead based paint, and which may pose a potential hazard to owners and occupants of the housing. Although such a distinction is not explicitly stated in the language of section 406( b), EPA believes that such a distinction is consistent with the hazard reduction goal of the Residential Lead Based Paint Hazard Reduction Act of 1992 and Title IV of TSCA. EPA is considering a number of approaches to defining the term, and requests comment on each approach in terms of which could be most effectively used ( individually or in combination) to define ``* renovation*'' for this rulemaking. The approaches being considered include: 1. Definition modeled after EPA's Asbestos Program. EPA's preferred option, as proposed in the regulatory text, is to use a general definition drawn from language used by EPA's Asbestos program. In 40 CFR 763.121( b), EPA regulations define * renovation* as `` Modifying of any existing structure, or portion thereof, where exposure to airborne asbestos may result.'' By replacing references to asbestos with leadbased paint, EPA's proposed definition provides a flexible framework for identifying which activities would be regulated pursuant to the section 406( b) requirements. Despite the clear statutory distinction between ``* renovation* activities'' and `` lead based paint activities'', EPA recognizes that many of the activities identified in the * renovation* definition may also be performed as part of lead based paint abatement programs. In cases where the activities being performed meet the definition of a leadbased paint abatement or lead based paint activity, EPA intends for the activities to be regulated under the more comprehensive section 402( a) standards and requirements, and has therefore included an exemption for any activity separately regulated under the more stringent regulations to be issued in Subpart G. The regulations governing performance of lead based paint activities will be proposed in a separate notice in the Federal Register in the future. At that time, EPA will propose specific definitions for lead based paint activities and abatements, and will request further comment. One drawback of such a general definition is that it does not provide an objective way of identifying which activities are of concern. This lack of specificity may pose a problem for the regulated community in complying with the rule and for the government in effectively enforcing it. For that reason, EPA believes that this general definition may need to be strengthened by the incorporation of additional criteria, as offered below. 2. Develop list of specific activities of concern. Recognizing the need for specific information on what activities are defined as renovations, EPA is considering incorporating a list of regulated activities into the definition. Section 402( c) of TSCA directed EPA to conduct a study of the extent to which persons engaged in various types of * renovation* and remodeling activities in target housing, public buildings constructed before 1978, and commercial buildings are exposed to lead in the conduct of such activities. In mandating this study, Congress clearly did not intend for the results to be used as the basis for developing the TSCA section 406 * renovation* regulations  the deadline for completion of the study is a full 12 months after the deadline for promulgation of the final section 406 regulations. Nevertheless, as the activities under study represent EPA's preliminary determination regarding the universe of activities that may be of concern, EPA believes that they comprise a logical set of activities for consideration as * renovation* activities. The activities being studied were chosen based on discussions with experts familiar with the * renovation* and remodeling industry, and include the following: ( 1) Paint removal ( e. g., floor refinishing and stairs refinishing). ( 2) Surface preparation for painting ( both interior and exterior). ( 3) Removal of large structures other than roof ( e. g., walls, ceiling, large surface replastering, major replumbing, room additions). ( 4) Window replacement. ( 5) Enclosure of interior painted surfaces ( e. g., wallpapering). ( 6) Enclosure of exterior painted surfaces ( e. g., siding). ( 7) Removal of carpet or other floor coverings ( e. g., linoleum). ( 8) Repairs or additions with isolated small surface disruption ( e. g., carpentry, replacement of lead painted fixtures, installation of light fixtures, electrical repair and rewiring, plumbing repair, insulation addition, furnace cleaning, ceramic tile installation, counter top replacement, door replacement, storm window installation, and window repair). ( 9) Roofing replacement and repair. ( 10) Exterior soil disruption ( e. g., landscaping, deck additions, sewer/ water line replacement or repair, basement waterproofing, garage repair, concrete/ brick/ masonry work, driveway/ walk installation, and septic tank/ cesspool replacement). These activities represent a range of activities that may be performed during ``* renovation* and remodeling.'' Although section 406( b) refers specifically to `` renovations'' only, EPA believes that the commonly used meanings of the two terms do not significantly differ and that any of the listed activities could be conducted as part of a * renovation* program. Therefore, pending evidence to the contrary, all of the activities noted above could potentially merit inclusion under EPA's definition of * renovation*. EPA is requesting comment ( and data, if available) regarding which activities should ( or should not) be included in any definition of * renovation*. Based on the comments EPA receives, as well as any new or additional relevant information EPA collects, EPA may define some or all of the activities listed above as * renovation* activities specifically regulated by the final rule. EPA also may include additional activities, if appropriate, in the final rule's definition of * renovation*, and requests comments on whether some activities of concern may be absent from the current list. 3. Use the Occupational Safety and Health Administration's ( OSHA) list of construction tasks. EPA is considering using the construction tasks identified by OSHA as offering some risk of lead exposure to workers to identify * renovation* activities that could result in lead exposure to housing occupants. These tasks were identified in the interim final rule entitled `` Lead Exposure in Construction'' ( 58 FR 26590, May 4, 1993). EPA requests comment on whether such tasks adequately reflect the activities conducted during housing renovations. 4. Identify specific job classifications. EPA is considering using specific job classifications that involve performing remodeling or * renovation* activities that may exacerbate the risk of lead based paint exposure in target housing as a basis for identifying regulated activities. EPA has considered several ways that specific worker classifications could be identified. One approach would be to base the listing on the worker classifications included in EPA's study under TSCA section 402( c). These classifications are being studied to measure the levels of exposure to lead based paint stemming from the * renovation* activities. The current classifications being studied include: Painters; floor refinishing contractors; plaster/ drywall contractors; exterior siding contractors; window replacement contractors; electricians; plumbers; roofers; linoleum/ tile contractors; carpet installers; cabinet installers; heating/ AC contractors; carpenters; insulation contractors; basement waterproofing contractors; bathroom remodelers; kitchen remodelers; landscaping/ excavation contractors; and historic * renovation* contractors. These classifications were developed through discussions with experts and professionals familiar with the * renovation* and remodeling industry. In identifying specific job classifications, EPA is also considering linking the above classifications to Standard Industrial Classification ( SIC) Codes for the business, to ensure a common standard of identification. If EPA could identify specific SIC codes that performed renovations involving target housing and potential leadbased paint exposure, then such a classification would provide a clear method for identifying regulated parties. Currently, the Agency does not prefer this option because of concerns that many workers and firms may conduct activities that spill over into activities that don't affect lead based paint, raising questions of how closely SIC codes would track the performance of renovations in housing involving leadbased paint. In addition, many individuals engaged in * renovation* activities may perform many different tasks covering several job classifications, further clouding issues of enforcement and compliance. Regarding the whole question of identifying job classifications, EPA requests comment on what trades are missing from, or inappropriate for, the list above and whether any such list could be practically applied. 5. Identify all home improvement activities within a specified cost range. Another option being considered is to target all * renovation*, remodeling, and home improvement activities within a specific cost range ( for example, any home improvement costing over $ 250 would be considered a * renovation*). While this option provides a simple scheme for identifying regulated activities, it does not necessarily focus on relevant activities. Because some inexpensive * renovation* activities may pose a significant exposure hazard, EPA is concerned that such a definition could result in the omission of activities that are thought to be high risk but low in cost. 6. Identify all home improvement activities within a specified size. EPA is also considering basing the definition of * renovation* on the size of a job. For example, size could be measured by the number of square feet of painted surface disturbed, the number of different painted surfaces disturbed, or simply the total area of the dwelling undergoing modification. EPA's main concern with this option is that some activities while localized to a very small area, might release significant amounts of lead based paint or lead based paint, and that such a criterion might fail to capture the activities of concern. However, as it could potentially provide a simple method for identifying regulated transactions, EPA requests comments on the feasibility of such an approach. p. Renovator means any person who performs for compensation a * renovation* of target housing or public buildings. Although Title IV of TSCA does not provide a definition of renovator, section 406( b) specifically identifies the regulated community as `` each person who performs for compensation a * renovation* of target housing.'' EPA recognizes that in many large multi family dwellings or public buildings, * renovation* activities may be performed by maintenance staff retained by the owner of the building. Because these individuals would still be performing such activities for compensation ( through salary or retainer), EPA would consider such individuals as renovators for the purpose of this proposed rule.

IV. Regulatory Requirements A. Lead Hazard Information Pamphlet Section 406( b) directs the Administrator to promulgate regulations `` 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*.'' Section 745.87 of the regulatory text would require renovators to provide owners and heads of households occupying target housing with copies of the pamphlet: Lead Based Paint: Protect Your Family before beginning renovations. Recognizing that many target housing units may be occupied by families other than the dwelling owner, as in the case of rental housing, EPA proposes to require the renovator to provide the pamphlet to the head of each household occupying the unit( s) being renovated, as well as to the person requesting and paying for the * renovation* work. This interpretation is supported by the language in section 406( b), which explicitly states that the pamphlet must be provided to the owner and occupant of such housing. In addition, because some housing may be managed by an individual or firm on behalf of the owner, the regulations would allow such an agent to represent the owner for the purposes of the provisions of this proposed rule. Finally, EPA recognizes that there may be some types of renovations that will occur in `` emergency situations'' requiring action before all occupants can be notified and before they can fully comply with these notification requirements. EPA requests comment on identifying these situations and on what may be an appropriate way to address them under these regulations. The final pamphlet will be available to the public and the regulated community through the Government Printing Office ( GPO) for a nominal fee for both individual and bulk purchases. EPA is also encouraging person's to make their own reproductions of the pamphlet, and will make a limited number of camera ready copies of the final pamphlet available to organizations that wish to print copies for private distribution. Any copies reproduced for use in complying with this rulemaking, however, must be copied in full, and may not revise or delete material from the pamphlet except to add or revise State or local sources of information. EPA requests comment on other mechanisms for distributing the pamphlet to the general public and the regulated community. As required by section 406( a) of TSCA, EPA will, in consultation with HHS and HUD, revise the pamphlet as necessary to maintain its technical accuracy. Following each change, EPA will issue notice of the revised version's availability in the Federal Register.

B. Acknowledgement To help ensure the timely notification of owners and occupants regarding the potential hazards of * renovation* activities in target housing, Sec. 745.87 would require that renovators obtain a signed, dated acknowledgement from each owner and head of household occupying the renovated housing, indicating that the person had received the pamphlet on the given date. The proposed acknowledgement text would state:

I have received the pamphlet, Lead Based Paint: Protect Your Family, and am aware of the potential health risks associated with renovating housing containing lead based paint.

The statement would be signed and dated by the housing owner and heads of households occupying the housing and would be retained by the renovator. This acknowledgement could exist as a separate sheet or as a part of each sales/ service contract or agreement. EPA proposes to require that the acknowledgement text be printed in at least 12 point type to ensure that the text is readable and noticeable. Recognizing the importance of reaching non English speaking residents of target housing, EPA is proposing requirements to address renovations performed in predominantly non English speaking areas. If the parties use a written service contract or agreement, and if the service contract or agreement is in a language other than English, then the acknowledgment would have to be in the same language as the contract or agreement. The Agency proposes this provision as a necessary measure in achieving a more equitable Federal lead based paint program. EPA is requesting comment on these provisions, including whether the alternative language provisions provide an appropriate level of protection to non English speaking occupants of target housing.

C. Renovations in Multi Family Dwellings EPA has also considered the issue of regulating * renovation* activities that occur in buildings containing many separate housing units. Such dwellings pose additional challenges because, depending on the type of * renovation* being conducted, as the number of units in the dwelling increase, pamphlet distribution may be increasingly difficult for renovators. At the same time, since many multi family dwellings ( defined for this proposed rulemaking as housing properties consisting of more than four dwelling units) may have been built before lead based paint use was restricted, these dwellings may pose lead based paint hazards to occupants if renovations are conducted without care. EPA has considered two issues regarding renovations in multi family dwellings: Renovations conducted within specific units of a multifamily dwelling, and renovations performed in common areas of the multi family dwelling. 1. Renovations in individual units. EPA believes that renovations performed within specific units of multi family dwellings should be treated in the same manner as single family dwellings ( housing properties containing less than five dwelling units): the owner and occupants should be notified and provided a pamphlet in advance of commencement of * renovation* activities. The Agency sees no rationale for distinguishing between the two regarding the risks of exposure. During large scale or long term renovations to units in multifamily housing, EPA proposes the following clarification. In cases where an owner employs a renovator to conduct renovations in several different housing units within a multi family dwelling, EPA would still require the renovator to ( 1) Provide the occupants of each unit undergoing * renovation* with a copy of the pamphlet and ( 2) maintain signed acknowledgements from each affected head of household. The renovator could fulfill his/ her obligations regarding the owner, however, by providing one pamphlet and maintaining one signed acknowledgment covering all renovations performed throughout the dwelling, rather than by repeating the same owner notification activities for each unit or area renovated. 2. Renovations in common areas. EPA also believes that for the purposes of the section 406( b) rule, a practical distinction should be made between * renovation* activities in common areas of multi family dwellings and renovations within specific living areas of the dwellings. Since * renovation* activities may occur in various hallways or lobbies of a building on a frequent basis, it could be impractical to require a renovator to provide all occupants with a new pamphlet before the commencement of each * renovation*, especially in dwellings with larger numbers of residential units. Such a requirement would be difficult to implement and enforce, and would likely lead to noncompliance EPA still believes that it is important that occupants be informed of renovations in common areas as they occur to provide warning of potential lead based paint hazards and to ensure their ability to take appropriate precautions. Therefore, under Sec. 745.87, EPA proposes to require that before conducting target * renovation* activities in common areas of multi family target housing, the renovator would be required to notify, in writing, all occupants of the dwelling of the intended * renovation* and to make the EPA pamphlet Lead Based Paint: Protect Your Family available upon request. This notification would be required to include: The general nature and location( s) of the planned * renovation* activities; the expected starting and ending dates of the planned * renovation* activities; and a statement of how the occupant can obtain the lead hazard information pamphlet from the renovator. EPA recognizes that in some cases, large renovations could take an extended period of time or cover several different common areas of a multi family dwelling. In that case, if the initial notification provides accurate information on the scope of renovations planned in the various areas, with an accurate schedule of their performance, then that initial notification would be sufficient to meet the requirements of this proposed rulemaking. If the scope, location, or timeframe of the activities change in a way not reflected in the original notification, then the renovator would be obligated to provide updated information in an additional notification process. This updated information is necessary to ensure that owners and occupants can, if necessary, adequately protect themselves from exposure to the hazards of lead based paint. Notification activities could be performed by the renovator or by the owner of the dwelling on behalf of the renovator. The notification process could be accomplished by distributing a letter or flyer containing the required information to each head of household occupying the housing. Even if the owner agreed to perform the notification activities, however, the responsibility to assure compliance would still rest with the renovator, as required by section 406( b).

D. Recordkeeping Requirements Section 407 of Title IV of TSCA gives EPA the authority to promulgate recordkeeping and reporting requirements that are necessary to implement Title IV effectively. EPA is using this authority to propose the following requirements to ensure compliance and to aid EPA in its enforcement of the provisions in this proposed rule. Under EPA's proposed Sec. 745.90, renovators would be required to keep, for 3 years after completion of the * renovation*, specific records documenting compliance with the rule. If all * renovation* activities occur in private areas of target housing units, these records would include: 1. The address/ location of the renovated target housing. This information is important for EPA compliance monitoring and enforcement actions. 2. A list of all heads of households occupying the renovated target housing unit( s) at the commencement of renovations. Because the rule would require that both the owners and occupants of target housing receive the pamphlet, EPA is proposing to require retention of this list as a record of the persons that should have received the pamphlet. EPA is focusing on occupants of the housing at the commencement of renovations recognizing that individuals who become occupants after renovations have begun would have already received the pamphlet under the requirements being developed pursuant to section 1018 of the Lead Based Paint Hazard Reduction Act of 1992. 3. Copies of the signed and dated acknowledgements from each housing owner and each head of household occupying the renovated unit( s). EPA proposes to require this record as the primary proof of compliance with the regulation. In cases where EPA began an enforcement action based on a tip or complaint, the acknowledgement form would be a crucial record in establishing compliance with the rule. In the case of * renovation* activities performed in common areas of multi family target housing, the renovator would still be required to maintain the following records: 1. The address/ location of the renovated target housing. 2. Signed and dated acknowledgements from the owner( s) of the target housing requesting the * renovation*. 3. A signed and dated statement describing the steps performed by the renovator or owner to notify all occupants of the intended * renovation* activities and to provide the lead hazard information pamphlet upon request. EPA is proposing not to require specific language for the statement, provided that it clearly indicates: The dates between which * renovation* activities took place; the general nature of the * renovation* activities conducted; and the measures taken to notify all occupants of the planned * renovation* activities as outlined in the proposed Sec. 745.87. This statement would be signed and dated by the owner as well as the renovator. 4. Copies of any letter or flyer sent to the occupants of the housing as part of the notification process. These records would be retained by the renovator for 3 years after completion of the * renovation* as proof of compliance. EPA requests comment on whether the proposed recordkeeping requirements are reasonable, too stringent, or not stringent enough, and whether there may be other more effective recordkeeping requirements or mechanisms to facilitate compliance monitoring.

V. Enforcement Failure or refusal to comply with any provision of the final rule would be a violation of TSCA section 409, subjecting the violator to penalties under TSCA section 16 ( 15 U. S. C. 2615). These penalties include the following: 1. Civil penalties. Any person who violates a provision of the final rule would be liable to the United States for a civil penalty in an amount not to exceed $ 25,000 for each such violation. 2. Criminal penalties. Any person who knowingly or willfully violates any provision of the final rule would, in addition to any civil penalty, be subject upon conviction, to a fine of not more than $ 25,000 for each day of violation, or to imprisonment for not more than 1 year, or both.

VI. State/ Tribal Administration and Enforcement of Section 406( b)

Section 404( a) of TSCA directs EPA to develop an application process for those States or Tribes which seek to administer and enforce the standards, regulations, and requirements established under sections 402 and/ or 406. Section 404( b) states that the Administrator may approve such an application only after finding that the State/ Tribal program is at least as protective of human health and the environment as the Federal program established according to the mandate of section 402 or 406 of TSCA, and that it provides adequate enforcement. The procedures for submitting a State/ Tribal application will be proposed in a separate Federal Register notice in the future. For State and Tribal implementation purposes, EPA recognizes a distinction between section 406( a), the development of a lead hazard information pamphlet, and regulatory requirement section 406( b), for distribution of the pamphlet. Since the pamphlet must be developed in consultation with HHS and HUD, for use in other rules in other sections of the Residential Lead Based Paint Hazard Reduction Act of 1992, EPA will limit the authorization of State/ Tribal programs to administration of section 406( b). EPA believes that the authority to develop a lead hazard information pamphlet cannot be delegated to States or Tribes, given the dependence of many agencies on the pamphlet, and the need for uniformity in several statutory sections of the Act.

VII. Model State Program To support State and tribal efforts to develop an authorized program, section 404( d) of TSCA directs EPA to promulgate a model State program which may be adopted by any State which seeks to administer and enforce the provisions of sections 402 and 406 of TSCA. Given that section 404( b) requires authorized State programs to be at least as protective as the Federal program, the Agency expects that a State program seeking authorization, would resemble, in significant respects, the Federal program, and further, that the regulations proposed in Secs. 745.80 through 745.99 would serve as an appropriate model for such a State program. Therefore, the Agency is at this time proposing these regulations as the model program. Section 745.87 contains procedures and requirements for the provision of EPA's lead hazard information pamphlet to owners and occupants of target housing by renovators. The proposed Sec. 745.90 contains recordkeeping requirements necessary to monitor and enforce compliance with the requirements. This model will be especially useful to the many States that do not currently have notification requirements in residential housing. The Agency believes that adoption of this program would effectively increase the awareness of owners and occupants of target housing regarding the issues associated with renovating housing with lead based paint. However, the State program need not duplicate the Federal program in order to receive authorization from EPA. A State may choose to develop its own program, and it would be evaluated to determine if it is as protective as the Federal program.

VIII. Procedures for Requesting a Public Hearing If persons request time for oral comment, EPA will consider holding an informal hearing in Washington, DC. Persons or organizations desiring to participate in the informal hearing must file a written request to participate. The written request to participate must be sent to the Environmental Assistance Division at the address listed under FOR FURTHER INFORMATION CONTACT and must be received by EPA by April 8, 1994. The written request to participate must include: ( 1) A brief statement of the interest of the person or organization in the proceeding; ( 2) a brief outline of the points to be addressed; ( 3) an estimate of the time required; and ( 4) if the request comes from an organization, a non binding list of the persons to take part in the presentation. Organizations are requested to bring with them, to the extent possible, employees with individual expertise in and responsibility for each one of the areas to be addressed. Organizations which do not file written comments will not be allowed to participate at the hearing. EPA will decide whether to hold a hearing by April 28, 1994.

IX. Rulemaking Record A record for this proposed version of the rule has been established under docket number `` OPPTS 62131.'' The public record is available for inspection from 12 noon to 4 p. m., Monday through Friday, excluding legal holidays. The public version of the record ( which does not contain confidential business information) is located in the TSCA NCIC, Rm. E G102, 401 M St., SW., Washington, DC 20460. The draft of the proposed rule submitted by the Administrator to OMB review prior to proposal will also be contained in the docket, as will the drafts of the final rule submitted for review before promulgation. The following list of documents were used by the Agency in developing this regulation and can be found in the docket. Other documents, including those submitted with written comments from interested parties, will be included in the docket following the publication of this proposal in the Federal Register. 1. Alliance to End Childhood Lead Poisoning, Preventing Childhood Lead Poisoning: The First Comprehensive National Conference; Final Report. October 6, 7, 8, 1991. ( pp. A1 A10) 2. DOL, OSHA, Lead Exposure in Construction; Interim Final Rule. May 4, 1993. 3. EPA, Lead Poisoning and Your Children. EPA/ 800 B 92 0002, September 1992 4. EPA, DRAFT: Reducing Exposure to Lead in the Home; An Action Guide for Families. ( January 1992). 5. U. S. Government Printing Office. Code of Federal Regulations July 1, 1992. ( 40 CFR 763.121) 6. U. S. Government Printing Office. Code of Federal Regulations July 1, 1992. ( 40 CFR 763.63( 1)) 7. U. S. Congress. The Residential Lead Based Paint Hazard Reduction Act of 1992 ( Pub. L. 105 550). 8. HHS, PHS, CDC, Preventing Lead Poisoning in Young Children; A Statement by The Centers For Disease Control. October 1991. 9. HHS, PHS, ATSDR, The Nature and Extent of Lead Poisoning in Children in the United States: A Report to Congress. July 1988. ( pp. 1 16) 10. HUD, Office of Lead Based Paint Abatement and Poisoning Prevention. Lead Based Paint; Interim Guidelines for Hazard Identification and Abatement in Public and Indian Housing; Notice. April 18, 1990. 11. HUD, Office of Lead Based Paint Abatement and Poisoning Prevention. Lead Based Paint: A Threat to Your Children. U. S. GPO: 1993 351 568. January 1993.

X. Confidential Business Information While EPA does not anticipate the receipt of much ( if any) confidential business information in connection with this proposed rule, a person may assert a claim of confidentiality for any business information, including all or portions of written comments, submitted to EPA in connection with this proposed rule. Any person who submits a comment subject to a claim of confidentiality must also submit a nonconfidential version. Any claim of confidentiality must accompany the information when it is submitted to EPA. Persons must mark information claimed as confidential by circling, bracketing, or underlining it, and marking it with `` CONFIDENTIAL'' or some other appropriate designation. 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 in comments at the time it is submitted to EPA, EPA will place the information in the public record for this rulemaking without further notice to that person.

XI. References 1. Alliance to End Childhood Lead Poisoning, Preventing Childhood Lead Poisoning: The First Comprehensive National Conference; Final Report. October 6, 7, 8, 1991. 2. DOL, OSHA, Lead Exposure in Construction; Interim Final Rule. ( May 4, 1993). 3. HUD, Office of Lead Based Paint Abatement and Poisoning Prevention. Lead Based Paint; Interim Guidelines for Hazard Identification and Abatement in Public and Indian Housing; Notice. April 18, 1990.

XII. Regulatory Assessment Requirements A. Executive Order 12866 Under Executive Order 12866 ( 58 FR 51735, October 4, 1993), the Agency must determine whether the regulatory action is `` significant'' and therefore subject to review by the Office of Management and Budget ( OMB) and the requirements of the Executive Order. Under section 3( f), the order defines a `` significant regulatory action'' as an action that is likely to result in a rule: ( 1) Having an annual effect on the economy of $ 100 million or more, or adversely and materially affecting a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities ( also referred to as `` economically significant''); ( 2) creating serious inconsistency or otherwise interfering with an action taken or planned by another agency; ( 3) materially altering the budgetary impacts of entitlement, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or ( 4) raising novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive Order. Pursuant to the terms of this Executive Order, EPA has determined that this proposed rule is `` significant'' because it raises novel policy issues arising out of its legal mandate in the Residential Lead Based Paint Hazard Reduction Act. EPA has prepared a Regulatory Impact Analysis ( RIA) in conjunction with its proposed lead information disclosure rule for * renovation* activities. EPA finds that the proposed rule will not have an effect on the economy of $ 100 million or more, will not result in major increases in costs or prices, and is not anticipated to have significant adverse effects on competition, employment, investment, or productivity in the relevant sectors. EPA estimates the overall costs to affected entities to be $ 59,700,000. This estimate includes costs for rule familiarization, information disclosure and obtaining required signatures, recordkeeping, and materials costs. EPA estimates that the provisions of the rule as proposed would add about $ 5.00 to the cost of each transaction. A copy of the RIA is available in the TSCA Nonconfidential Information Center ( NCIC) ( also known as the TSCA Public Docket Office), for review and copying ( see Unit IX of this preamble). This action was submitted to OMB for review, as required by Executive Order 12866, and any comments or changes made in response to OMB suggestions or recomendations have been documented in the public record.

B. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 requires each Federal agency to perform a Regulatory Flexibility Analysis for all rules that are likely to have a `` significant impact on a substantial number of small entities.'' In an effort to identify and characterize the proposed rule's effects on small business, EPA has prepared an Initial Regulatory Flexibility Analysis ( IRFA). This assessment has been included as part of the Regulatory Impact Analysis ( RIA), and is summarized below. In assessing small business impacts, EPA first developed an establishment profile for each major sector. This profile indicated that approximately 80 to 90 percent of all establishments in SICs 15, 17, 651, and 653 fell within the 1 to 9 employee size class. Thus, a substantial number of small firms are estimated to be potentially affected by the proposed rule. To measure the cost impacts of the proposed rule on these small establishments, representative or model establishments were designed. These model establishments corresponded to typical establishments, with respect to number of employees and annual transaction volume, in each affected sector. Since transaction activity was reported to vary widely, a range of transaction volume was estimated for each establishment type. For each model establishment, annual regulatory costs were then calculated and compared to annual labor and overhead costs. Ratios were computed for both high and low estimates of the range of transaction activity. In the case of a multi trade * renovation* contractor, regulatory costs were found to represent from 0.05 to 0.14 percent of labor and overhead costs. In the case of a specialty trade contractor, impacts were somewhat higher, ranging from 0.35 to 0.84 percent. An establishment engaged in rental property management was projected to sustain impacts of 0.99 to 1.95 percent. Thus, while a large number of small establishments will be potentially affected by the rule, cost impacts were not found to be of sufficient magnitude to cause undue harm to such establishments. Consequently, no regulatory alternatives are being proposed in connection with small business impacts. Pursuant to section 605( b) of the Regulatory Flexibility Act, 5 U. S. C. 605( b), EPA certifies that this proposed rule would not have a significant economic impact on a substantial number of small entities.

C. Paperwork Reduction Act The information collection requirements in this proposed rule have been submitted for approval to OMB under the Paperwork Reduction Act, 44 U. S. C. 3501 et seq. An Information Collection Request ( ICR) document has been prepared by EPA ( ICR No. 1669.01) and a copy may be obtained from Sandy Farmer, Information Policy Branch ( 2136), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, or by telephoning ( 202) 260 2740. This collection of information has an estimated recordkeeping burden averaging 11.5 minutes per response ( at 5.8 minutes/ respondent), and to require 7.7 minutes per recordkeeper, annually. These estimates include time to review instructions, search existing data sources, gather and maintain the data needed, and complete the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to Chief, Information Policy Branch ( 2136), Environmental Protection Agency, 401 M St., SW., Washington, DC 20503, marked `` Attention: Desk Officer for EPA.'' The final rule will respond to any OMB or public comments on the information collection requirements contained in this proposal.

List of Subjects in 40 CFR Part 745 Environmental protection, Abatement, Housing * renovation*, Lead, Lead based paint, Reporting and recordkeeping requirements.

Dated: February 28, 1994. Carol M. Browner, Administrator.

Therefore, it is proposed that Chapter I of 40 CFR be amended by adding a new part 745 to read as follows:

PART 745 LEAD EXPOSURE REDUCTION Subpart A General Provisions Sec.

745.1 Scope, purpose, and authority. 745.3 Definitions. 745.7 Confidential business information. Subparts B D [ Reserved] Subpart E Residential Property * Renovation* Sec. 745.80 Purpose, scope, and applicability. 745.85 Lead pamphlet. 745.87 Notification. 745.90 Recordkeeping requirements. 745.97 Penalties for noncompliance. 745.99 Effective date.

Authority: 15 U. S. C. 2686.

Subpart A General Provisions Sec. 745.1 Scope, purpose, and authority.

( a) This part contains regulations developed under Title IV ( 15 U. S. C. 2681 2692) and section 6 ( 15 U. S. C. 2605) of the Toxic Substances Control Act.

Sec. 745.3 Definitions.

For purposes of this part, the following definitions apply: Act means the Toxic Substances Control Act ( TSCA), 15 U. S. C. et seq. Administrator means the Administrator of the Environmental Protection Agency. Common area means a portion of a building generally accessible to all residents/ users including, but not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, and boundary fences. Dwelling unit means a single, unified combination of rooms designed for use as a dwelling by one family. EPA means the Environmental Protection Agency. Lead based paint hazard means any condition that causes exposure to lead from lead contaminated dust, lead contaminated soil, leadcontaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects in pregnant women or young children. Multi family housing means a housing property consisting of more than four dwelling units. Owner means any individual, partnership, corporation, or trusteeship that has legal right of possession of residential property, or any person legally authorized to represent that individual, partnership, corporation, or trusteeship. Person means any natural person, firm, company, corporation, joint venture, partnership, sole proprietorship, association, or any other business entity, any state or political subdivision thereof, any municipality, any interstate body, any Indian tribe, and any department, agency, or instrumentality of the Federal government * Renovation* means the modifying of any existing structure, or portion thereof, where exposure to the hazards of lead based paint may result, unless the activity is performed as part of a lead abatement program by a certified contractor, or unless otherwise regulated by EPA in Subpart G of this part. Renovator means any person who performs for compensation a * renovation* of target housing or public buildings. Residential dwelling means ( 1) a single family dwelling, including attached structures such as porches and stoops, or ( 2) a single family dwelling unit in a structure that contains more than one separate residential dwelling unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons. TSCA means the Toxic Substances Control Act ( 15 U. S. C. et seq.). Sec. 745.7 Confidential business information.

Any person required to submit a document or report to the EPA under this part may assert a claim of confidentiality for the information submitted. Any claim of confidentiality must accompany the information when it is submitted to EPA. 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.

Subpart B D [ Reserved]

Subpart E Residential Property * Renovation*

Sec. 745.80 Scope, purpose, and applicability.

This subpart applies to * renovation* activities on target housing. Such housing may contain lead based paint and lead based paint dust that can pose a health hazard to occupants, especially young children and pregnant women. Persons or firms that perform * renovation* services for compensation on target housing must provide information on hazards of exposure to lead based paint associated with * renovation* activities.

Sec. 745.85 Lead pamphlet.

( a) Availability of pamphlet to the general public and regulated community. The most current version of EPA pamphlet No. XXX, entitled Lead Based Paint: Protect Your Family, is available to the public and the regulated community for a fee from the Government Printing Office ( GPO). Interested parties should write to: Government Printing Office, Superintendent of Documents, Mail Stop XXX, Washington, DC 20402 9328. In addition, persons may reproduce this pamphlet, for use or distribution, providing that the text and graphics are reproduced in full. ( b) Pamphlet elements. The information contained and presented in this pamphlet is mandated in section 406( a) of TSCA ( 15 U. S. C. 2686), and may not be changed or omitted during any reproduction of the information for the purpose of compliance with this subpart.

Sec. 745.87 Notification.

( a) Before beginning * renovation* activities on specific target housing units, renovators shall: ( 1) Provide each owner and each head of household occupying the units to be renovated with a copy of the EPA pamphlet, entitled Lead Based Paint: Protect Your Family. ( 2) Obtain a signed, dated acknowledgement from the owners and each head of household occupying the housing unit affirming that they have received the pamphlet and are aware of the potential health hazards from renovating housing containing lead based paint. ( i) The acknowledgement shall include the following language:

I have received the pamphlet entitled Lead Based Paint: Protect Your Family and am aware of the potential health risks associated with renovating housing containing lead based paint hazards.

( ii) Below the statement, the acknowledgement shall require the signature of each owner and head of household occupying the unit, along with their dates of signature. ( iii) The type size shall be no smaller than 12 point type. ( iv) The acknowledgement may be included as a separate sheet or as a part of any written contract or service agreement. It must be completed before the commencement of the target renovations. ( v) If the parties use a written contract or agreement which is written in a language other than English, the acknowledgement text shall be written in the same language as the text of the contract or agreement. ( b) Before beginning * renovation* activities in common areas of multi family target housing, the renovator shall: ( 1) Provide the owner( s) of the target housing requesting the * renovation* with a copy of the EPA pamphlet, entitled Lead Based Paint: Protect Your Family. ( 2) Obtain a signed, dated acknowledgement from the owner( s) of the target housing requesting the * renovation* affirming that they have received the pamphlet and are aware of the potential health hazards from renovating housing containing lead based paint. ( i) The acknowledgement shall include the following language:

I have received the pamphlet entitled Lead Based Paint: Protect Your Family and am aware of the potential health risks associated with renovating housing containing lead based paint hazards.

( ii) Below the statement, the acknowledgement shall require the signature of each owner requesting the * renovation*, along with their dates of signature.

( iii) The type size shall be no smaller than 12 point type. ( iv) The acknowledgement may be included as a separate sheet or as a part of any written contract or service agreement. ( v) If the parties use a written contract or agreement which is written in a language other than English, the acknowledgement text shall be written in the same language as the text of the contract or agreement. ( 3) Notify each owner and each head of household occupying the target housing, in writing, of the intended * renovation* and make the EPA pamphlet Lead Based Paint: Protect Your Family available upon request. At minimum, such notification shall be accomplished by distributing written notice to each owner and each head of household occupying the target housing. The notice shall describe: The general nature and location( s) of the planned * renovation* activities, the expected starting and ending dates of the planned * renovation* activities, and a statement of how the owners and occupants can obtain the lead hazard information pamphlet, at no charge, from the renovator. These activities shall be conducted by either: ( i) The renovator. ( ii) The owner on behalf of the renovator. ( iii) If the notification activities are performed by the owner of the building on behalf of the renovator, the renovator shall retain a signed and dated statement by the owner of the dwelling describing the steps performed to notify all occupants of the intended * renovation* activities and to provide the lead hazard information pamphlet, at no charge, upon request. Regardless of who performs the notification activities required under this subpart, the renovator shall be responsible for assuring compliance with this subpart and shall be liable for any failures to comply with the notification requirements in this section. ( 4) If the general nature, location( s), or expected starting and ending dates of the planned * renovation* activities change after the initial notification has been conducted, the renovator shall provide further notification to the owners and heads of households providing revised information on the ongoing or planned activities.

Sec. 745.90 Recordkeeping requirements. Renovators shall retain all records necessary to demonstrate compliance with this section for a minimum of 3 years following completion of the * renovation* services on target housing. These records shall include: ( a) The address/ location of the renovated target housing. ( b) A list of all heads of households occupying the renovated unit( s) at the commencement of renovations. ( c) Copies of signed and dated acknowledgements, as required by Sec. 745.87( a)( 2), from each owner and each head of household occupying a renovated unit. ( d) Copies of signed and dated acknowledgements, as required by Sec. 745.87( b)( 2), from each owner requesting renovations to common areas in multi family dwellings. ( e) Copies of all signed and dated statements of notification, as well as copies of all notification materials sent to all owners and heads of household, as required in Sec. 745.87( b)( 3) for renovations to common areas in multi family dwellings.

Sec. 745.97 Penalties for noncompliance.

( a) Failure or refusal to comply with any provision of this subpart is a violation of TSCA section 409 ( 15 U. S. C. 2689), subjecting the violator to penalties under TSCA section 16 ( 15 U. S. C. 2615). ( b) Failure or refusal to establish and maintain records or to permit access to or copying of records, as required by this subpart, is a violation of TSCA section 15 ( 15 U. S. C. 2614). ( c) Failure or refusal to permit entry or inspection as required by TSCA section 11 ( 15 U. S. C. 2610) is a violation of TSCA section 15 ( 15 U. S. C 2614). ( d) Violators may be subject to the civil and criminal penalties in TSCA sections 16 and 409 for each violation.

Sec. 745.99 Effective date.

The Federal requirements in this subpart shall take effect on April 28, 1996. In those States or Tribal lands, which have not obtained authorization, under Sec. 745. XXX, to administer and enforce this program, the requirements in this subpart shall apply to any * renovation* of target housing if the * renovation* was commenced on or after April 28, 1996. In States and Tribes that have obtained authorization to implement their State/ Tribal program according to the requirements in subpart X, individual State/ Tribal requirements may take effect before April 28, 1996.

[ FR Doc. 94 5299 Filed 3 8 94; 8: 45 am] BILLING CODE 6560 50 F


[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Notices]
[Pages 7879-7882]
[FR Doc No: 2016-02988]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77096; File No. SR-BOX-2016-05]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Rule 7290 (Price Protection for Limit Orders) To Enhance the
Protections Provided to Participants Executing Orders and Quotes on the
Exchange

February 9, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 27, 2016, BOX Options Exchange LLC (the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 7290 (Price Protection for
Limit Orders) to enhance the protections provided to Participants
executing orders and quotes on the Exchange. The text of the proposed
rule change is available from the principal office of the Exchange, at
the Commission's Public Reference Room and also on the Exchange's
Internet Web site at http://boxexchange.com.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received

on the proposed rule change. The text of these statements may be
examined at the places specified in Item IV below. The self-regulatory
organization has prepared summaries, set forth in Sections A, B, and C
below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to amend Rule 7290 to
enhance the protections provided to Participants executing orders and
quotes on the Exchange. Specifically, BOX is proposing to expand the
current price protections to (i) cover quotes, (ii) allow Participants
to provide their own parameters, and (iii) make these price protections
mandatory.
Background
    Currently, the Exchange employs a filter on all incoming Limit
Orders, including Limit Order modifications, pursuant to which the
Trading Host \3\ will reject these orders if priced outside an
acceptable price range based on price parameters set by BOX.
Specifically, as the Exchange receives Limit Orders, the Trading Host
compares the price of each order against the contra-side National Best
Bid/Offer (``NBBO'') at the time of order entry to determine if the
price is outside the acceptable price parameter.\4\ If the order is
priced outside of the acceptable price parameter, it will be rejected.
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    \3\ The term ``Trading Host'' means the automated trading system
used by BOX for the trading of options contracts. See Rule
100(a)(66).
    \4\ The price parameter is set by the Exchange and is percentage
of the NBBO on the opposite side of the incoming order.
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    Unless determined otherwise by the Exchange and announced to the
Participants via Informational Circular, the price parameters are
currently set at the price 100% greater than the National Best Offer
(``NBO'') (for incoming buy orders), and 100% less than the National
Best Bid (``NBB'') (for incoming sell orders), when the NBB/NBO is
priced at or below $0.25; and the price parameters are set at the price
50% greater than the NBO (for incoming orders), and 50% less than the
NBB (for incoming sell orders), when the NBB/NBO is priced above $0.25.
The Exchange rejects incoming buy (sell) orders that are priced above
(below) these parameters. For example, if the NBO is $1.20, a buy order
priced above $1.80 ($1.20 * 1.50) will be rejected. Likewise, if the
NBB is $1.10, a sell order priced below $0.55 ($1.10 * 0.50) will be
rejected. If the NBO is $0.10, a buy order priced above $0.20 ($0.10 *
2.00) will be rejected. However, for non-Complex Orders, if the NBB is
less than or equal to $0.25, the default limits set above will result
in all incoming sell orders being accepted regardless of their limit.
    The price protection feature is operational each trading day after
the opening until the close of trading, and only applies to Limit
Orders. This feature is available to all Participants; however, it is
disabled until the Participant enables it by contacting the Exchange.
Proposal
    BOX is now proposing to amend this price protection to expand and
enhance the protections to Participants submitting orders and quotes to
the Exchange. Specifically, the Exchange is proposing to: (i) Expand
this price protection to cover quotes, (ii) allow Participants to
provide their own parameters, and (iii) make these price protections
mandatory. These proposed changes are designed to help Participants
further control risk by checking prices against certain parameters.
Quotes
    As previously mentioned, the current price protection is only
available for Limit Orders. BOX is now proposing to expand this price
protection to cover incoming quotes, including quote updates. Incoming
quotes will be processed in the same way that Limit Orders are
currently processed by this mechanism. Specifically, under the proposed
rule, if an incoming quote is priced outside the price parameter it
will be rejected by the Exchange.\5\ Under the proposed change, when
the Exchange receives quotes, the Trading Host will compare the price
of each quote against the contra-side NBBO at the time of quote entry
to determine if the price is outside the acceptable price parameter.
Therefore, the proposed price protection will now cover all incoming
Limit Orders and quotes. The proposed price protection mechanism for
quotes will be applied in the same manner as the price protections
currently applicable to Limit Orders; all quotes will be evaluated
against the contra-side NBBO to determine whether it is within an
acceptable price range before it is accepted by the Trading Host.
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    \5\ See Proposed Rule 7290(a).
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    The Exchange believes that expanding this price protection
mechanism to quotes will greatly enhance the risk protections available
on the Exchange. The proposed enhancement will allow the Trading Host
to reject quotes that likely resulted from human or operation error.
Parameters
    The Exchange currently provides the values for the price parameters
and Participants are not able to override them with their own more
restrictive values. The Exchange is now expanding this price protection
to allow Participants to provide their own parameters. Specifically,
Participants will be allowed to provide values, on an underlying
security basis, for: (i) The cut-off price,\6\ (ii) the price
parameters, and (iii) minimum price variation, as described in further
detail below. Participants will be able to update the values on a daily
basis with such changes taking effect on the following trading day. The
Exchange will still provide Exchange default values on an underlying
security basis and will use the most restrictive parameters between the
Participant-provided values and the Exchange defaults. Unless
determined otherwise by the Exchange and announced to Participants via
Informational Circular, the Exchange defaults shall be: 100% for the
contra-side NBB or NBO priced at or below $0.25; and 50% for the
contra-side NBB or NBO priced above $0.25. Any changes to the Exchange
default values would take effect no earlier than the following trading
day. For example, assume for a particular option series the NBO is
$0.80 and the NBB is $0.70. Also assume that the cut-off price provided
by the Participant is $0.50 and the Exchange default is $0.25. The
Participant provides a price parameter of 20% for options above the
cut-off price and the Exchange default for above the cut-off price is
50%. The Exchange will use the 20% price parameter when validating
incoming orders and quotes from the Participant because it is the most
restrictive between the Exchange default and Participant-provided
parameter. Therefore, the Exchange will reject any order or quote to
buy at a price above $0.96 (0.80 * 1.20) or any order or quote to sell
at a price below $0.56 (0.70 * .80).
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    \6\ The ``cut-off price'' is the price level where options
priced above and below it will have different price parameters. It
is designed to allow Participants to have additional control by
being able to apply different price parameters depending how high or
low the price of the options series is.
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    A minimum price variation will apply when using the price
parameters from either the Participant or Exchange to

calculate the acceptable price range.\7\ Specifically, the minimum
price variation is the minimum amount that can be added or subtracted
from the contra-side NBB or NBO. The Exchange will apply the smallest
minimum price variation between the Exchange default and the value
provided by the Participant. For example, assume in the example above
that instead of providing a price parameter of 20% the Participant
provides a price parameter of 5%. Also, assume that the Participant
provides a minimum price variation of $0.05 and the Exchange default is
$0.10. The 5% price parameter would provide an acceptable price range
of $0.84 to $0.665. However, the Exchange would use the minimum price
variation provided by the Participant so the acceptable price range for
incoming Limit Orders and quotes would be $0.85 to $0.65.
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    \7\ See Proposed IM-7290-1 to Rule 7290.
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Mandatory
    The current price protections for Limit Orders are not mandatory; a
Participant may elect to use them but they are not required. BOX is now
proposing that use of this price protection mechanism will be mandatory
for all Limit Orders \8\ and quotes on the Exchange. Additionally, as
mentioned above, the Exchange will provide default values to ensure
that all orders and quotes receive a baseline of protection. By
providing Exchange default values and making this price protection
mandatory, BOX is attempting to ensure that orders and quotes will have
a minimum level of protection from executing at potentially erroneous
prices even if a Participant does not provide its own price parameters
or selects price parameters that are not restrictive enough.
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    \8\ The proposed price protections will cover Intermarket Sweep
Orders (``ISO''), as defined in Rule 15000(h).
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Additional Changes
    The rule change also clarifies what happens when the NBBO on the
opposite side is not available and how the acceptable price range is
calculated for complex orders. First, proposed Rule 7290(b)(3) will
clarify that for Limit Complex Orders the cNBBO \9\ will be used when
calculating the acceptable price range. The Exchange will apply the
price parameters to the cNBBO when determining the acceptable price
range for an incoming Limit Complex Order. Next, the Exchange is
proposing to clarify how the acceptable price range will be calculated
when the NBBO on the opposite side of an incoming order or quote is not
available. In this situation, the Exchange will use the NBBO on the
same side of the incoming order or quote when calculating the
acceptable price range.\10\ If there is also no NBBO on the same side
of the order or quote, no price protection will apply to such incoming
order or quote.\11\
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    \9\ The term ``cNBBO'' means the best net bid and offer price
for a Complex Order Strategy based on the NBBO for the individual
options components of such Strategy. See Rule 7240(a)(3).
    \10\ See Propose Rule 7290(b)(2).
    \11\ For Complex Orders, there is always a cNBBO calculated even
if no NBBO exists on the individual options components of such
Complex Order.
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    The Exchange notes that these proposed enhancements to the
Exchange's price protections are intended to protect market
participants from executions at prices that are significantly outside
the Exchange's displayed market. BOX believes that Participants that
submit orders and quotes on the Exchange generally intend to receive
executions at or near the Exchange's displayed market. An order or
quote that is priced significantly outside the Exchange's displayed
market could be indicative of an error (e.g., mistake in intended
price, series, put/call) and could result in executions occurring at
prices that have little or no relation to the theoretical price of the
option. Accordingly, the Exchange believes these enhancements will help
prevent erroneous orders and quotes, dramatic price swings and,
potentially, executions qualifying as obvious errors \12\ on the
Exchange. The Exchange also believes that orders that are significantly
priced outside the Exchange's displayed market have the potential to
create market volatility by trading at different price levels until
executed in their entirety. As such, BOX believes these enhancements to
the price protections may also help limit unnecessary volatility.
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    \12\ See Rule 7170.
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    The Exchange also proposes to fix a typographical error with the
original rule text of Rule 7290. Specifically, BOX is proposing to
capitalize Limit Orders in the text of Rule 7290 to make it consistent
with the rest of the Exchange's Rulebook.
    The Exchange will provide Participants with notice, via Information
Circular, about the implementation date of these proposed enhancements
to the price protections.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\13\ in general, and Section
6(b)(5) of the Act,\14\ in particular, in that it is designed to
promote just and equitable principles of trade, remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general protect investors and the public
interest.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
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    In particular, BOX believes that expanding the price protection to
incoming quotes assures that executions will not occur at erroneous
prices, thereby promoting fair and orderly markets. The Exchange
believes that this proposed change is reasonable as it will protect
Participants by mitigating the risk of having orders executed at
erroneous prices.
    BOX believes the propose rule change furthers the objectives of
Section 6(b)(5) of the Act in that it permits the Exchange to address
the entry of orders and quotes that are priced significantly away from
the market that are likely to have resulted from human or operational
error.\15\ By being able to quickly and efficiently reject orders that
likely resulted from such error, the proposed use of the price
protections would promote a fair and orderly market. Additionally, by
providing Participants with the flexibility to determine the price
parameters while still providing Exchange defaults, the Exchange is
ensuring that all Limit Orders and quotes will have at least a minimum
level of protection while, at the same time, allowing Participants to
apply more restrictive controls when needed.
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    \15\ The Exchange believes that these principles are equally
applicable to ISOs. In an effort to protect market participants from
the consequences of such order entry errors and prevent market
disruptions that may be caused by erroneously placed orders, the
Exchange has determined to apply price protections to ISOs on the
Exchange.
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    The proposed price protections are similar to the protections
available at other exchanges.\16\ Accordingly, the Exchange believes
that this proposal is designed to promote just and equitable principles
of trade, remove impediments to, and perfect the mechanism of, a free
and open market.
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    \16\ See NYSE Arca Rules 6.60 and 6.61, and NYSE MKT Rules 967NY
and 967.1NY. The price protections at NYSE Arca and NYSE MKT are
different in that the exchanges provide the price parameters and
does not allow for a Participant to provide their own values.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. BOX believes

the proposal will provide market participants with additional
protection against erroneous executions. The Exchange does not believe
the proposed rule change imposes any burden on intramarket competition
as the feature is available to all Limit Orders and quotes of all
Participants. Nor will the proposal impose a burden on competition
among the options exchanges, because of the vigorous competition for
order flow among the options exchanges. The Exchange competes with many
other options exchanges. In this highly competitive market, market
participants can easily and readily direct order flow to competing
venues.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \17\ and Rule 19b-4(f)(6) thereunder.\18\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \17\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \18\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    A proposed rule change filed under Rule 19b-4(f)(6) \19\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\20\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the Exchange
may implement the proposed rule change without undue delay. In support
of its request, the Exchange states the proposed rule change will
provide additional protections against executions that are priced
significantly away from the market as a result of human or operational
error. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest.
Therefore, the Commission hereby waives the operative delay and
designates the proposed rule change operative upon filing.\21\
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    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
    \21\ For purposes only of waiving the operative date of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BOX-2016-05 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-BOX-2016-05. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BOX-2016-05 and should be
submitted on or before March 8, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-02988 Filed 2-12-16; 8:45 am]
BILLING CODE 8011-01-P