based paint poisoning prevention in residential structures: Reporting and recordkeeping requirements; technical amendment,

[Federal Register: March 25, 1999 (Volume 64, Number 57)]

[Rules and Regulations]

[Page 14381-14382]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr25mr99-3]

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 35

[Docket No. FR-4444-F-02]

Lead-Based Paint Poisoning Prevention in Certain Residential Structures--Information Collection Approval Numbers; Technical Amendment

AGENCY: Office of the Secretary-Office of Lead Hazard Control, HUD.

ACTION: Final rule; technical amendment.

SUMMARY: The rule amends various sections of HUD's regulations relating to lead-based hazards to include the Office of Management and Budget (OMB) approval numbers for the information collections contained in those provisions.

EFFECTIVE DATE: March 25, 1999.

FOR FURTHER INFORMATION CONTACT: Gail Ward, Reports Liaison Officer, Office of Lead Hazard Control, Department of Housing and Urban Development, Room B-133, 451 Seventh Street, SW., Washington, DC 20410, telephone (202) 755-1785, ext. 111. (This is not a toll-free number.) For persons with hearing or speech impairments, this number may be accessed by TTY through the Federal Information Relay Service, (800) 877-8339.

SUPPLEMENTARY INFORMATION: HUD's regulations on Lead-Based Paint Poisoning Prevention in Certain Residential Structures are set forth in 24 CFR part 35. Information collection requirements are in Secs. 35.88, 35.90, 35.92, and 35.94, which pertain to disclosure requirements for sellers and lessors, evaluation, certifications and acknowledgments of disclosure, and agent responsibilities. This final rule amends those sections to remove inaccurate notations about the effectiveness of the information

[[Page 14382]]

collections and to insert the OMB approval number assigned in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended).

Justification for Final Rule

In general, the Department publishes a rule for public comment before issuing a rule for effect, in accordance with its own regulations on rulemaking at 24 CFR part 10. Part 10 does provide, however, for exceptions from that general rule where the agency finds good cause to omit advance notice and public participation. The good cause requirement is satisfied when prior public procedure is ``impracticable, unnecessary, or contrary to the public interest.'' (24 CFR 10.1)

In this case, the changes being made to the rule are technical in nature, conforming the rule to the OMB approval actions that have already taken place. Therefore, prior public procedure is unnecessary.

Catalog of Federal Domestic Assistance

The Catalog of Federal Domestic Assistance number for the program affected by this rule is 14.900.

List of Subjects in 24 CFR Part 35

Grant programs--housing and community development, Lead poisoning, Mortgage insurance, Rent subsidies, Reporting and recordkeeping requirements.

Accordingly, part 35 of title 24 of the Code of Federal Regulations is amended as follows:

PART 35--LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES

1. The authority citation for part 35 continues to read as follows:

   Authority: 42 U.S.C. 3535(d), 4821-4846 and 4852d.

   Secs. 35.88, 35.90, 35.92 and 35.94 [Amended]

2. Sections 35.88, 35.90, 35.92, and 35.94 are amended to add at the end of each section the following statement:

   ``(Approved by the Office of Management and Budget under control number 2070-0151).''

   Dated: March 18, 1999. David E. Jacobs, Director of the Office of Lead Hazard Control.

   [FR Doc. 99-7344Filed3-24-99; 8:45 am]

   BILLING CODE 4210-01-P