Document 3NQ08XrY3naEqqx7vbKr9kV06

WASHINGTON, D-d.; :Y Volume 3S ** Number 221' , r Pages 21801-21860 ; *. 1 * * *'V ` . i-1-' Public Health 5erv!co - 142 CP* Part .901 LEAD-CASED pAlNT POISONING f'RE* Au t h o r it y : Tlie provision*.of this Pari 00 VENTION IN FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION turned under MC. 401. 64 SUt, 2070; 43 UH.O. 4631. Notice of Proposed Rule Making 8 90.1 Scope. The regulations of tills part are pro Section 401 ol the Lead-Based Point mulgated to implement the prohibition Poisoning Treyontlop. Act (4? U.S.C., in section 401 of Die Lead-Based Taint 4831) provides that' the Secretary" of Poisoning and Prevention Act against Health, Education, find Welfare' shall the' use of lead-based paint in residen take appropriate action to prohibit the tial structures constructed or rchabllb uso of lead-based paint in residential tated by the Federal Government or with structures constructed or rehabilitated Federal assistance in any form atid are by the Federal Government, or with Fed applicable to all Federal agencies. eral assistance in any form. Notice is hereby given of a proposal to S 90.2 Definition*. Implement this provision by adding to Any term not defined herein shall have Title 43, Code of Federal Regulations, the meaning given it by tire Act. a new Bubchapter H, entitled "Lead- (a) "Act" means the Icad-Based Based Taint Poisoning Prevention" and Paint Poisoning Prevention Act (Public a new Part DO as set forth below. Law 01-095,84 Slat. 3078). Inquiries may be addressed and dala,' <b) "Secretary" means tho Secretary views, and arguments may bo submitted of Health, Education, and Welfare and in wilting, preferably in triplicate, to the any other officer or employee of the Bureau of Community Environmental Department of Health. Education, and Management. Room 15-87, 5000 Fishers , Welfare to whom the authority Involved Lane, Rockville, Maryland 30852. AID<^3/ may bo delegated. .* material received wltliln SiLHaysJbltow-1 //* (c) "Federal agency" means tho Inc publication of this notice in the Pen-J United States and all executive depart rnAt r k c is t ek will bo considered. All J ments, independent establishments, art- comments in response to the pro]x>sed I mmisiiative agencies and liulrumfcntali- regulations will bo available for publio | tle* ol the United States. Including cor-, inspection during regular business hours porations in which all or substantially at the foregoing address. . It J.*. therefore proposed to ! amend all of the slock Is beneficially owned by by the United States or by any. of the Chapter I of Title <2 jit the manner set foregoing departments, establishments, forth below. agencies and instrumentalities. Chapter J of Title 42 is atppndod by adding a new Subohaptci; H nnd Part 80. ' to rend a* follows: ' . *> . (d) "Agency Head" means the prin cipal official of a Federal agency and includes those persona duly authorized to act In ids behalf. PROPOSED RULE MAKING SUDCHAPfi* H--IFAD-EAStD PAINT POISONING PEEVENuON PART 90--LEAD-bASED PAINT POI SONING PREVENTION IN FEDERAL' AND FEDERALLY ASSISTED CON STRUCTION / S:. ', niu Sc .j j ic . . * 00.2 JTr.'mtllons. UO.3 Kcilcr.U construction; prohibition against use of lrad-hnsed paint. 00.4 Fctloratly assist'd construction; pro- hiblUmi against use of leM-haied Paint.. 00.5 Reports to the Seeretarji.-T;;' (e) "lead-based paint'' menus any paint containing more than 1 per centum lead by weight (calculated ns load metal) In tho total nonvolatile content of liquid paints or in tho dried film of paint t-. .t already applied. (f> "Residential structure" means the interior surfaces and those exterior sur faces readily accessible to cldldren tinder - * y,y\ 7 years of age of any house, apartment,. or structure intended for human hablta- . tlon Including otiy institutional strucluro ; where persons reside such ns an orphan- - age, hoarding school dormitory,, tor. cxtended-.cnic facility. ' 690.3 Federal tonMtm Dmt', prolijlil-' , ..lion ngMiikt use of Imd-lmM-d palm.; No Federal agency rhall. In any res!-, :v4, - dential structure contracted orrehablli- w: * * GLD012436 t, k ' ' L` Jt! ! 't'V ! i. : - / j .' t.-.,: tatcd by such agency, useor permit tho use of lend-bnsed paint. 90.4 Federally assisted construction; prohibition ngulust Use of Irnd-lwti-cd paint, (a) Each Agency Head shall issue regulations and take such other steps us In his judgment are necessary to pro hibit the use of lead-based paint in any residential structures constructed or re habilitated by such agency under any federally assisted program. (b) Such regulations shall require the inclusion of appropriate provisions tn contracts and subcontracts pursuant to which such federally assisted construc tion or rehabilitation Is performed, pro hibiting the use of lead-based paint, and shall include provisions for enforcement of that prohibition. 90.5 Reports to the Secretary. To assist the Secretary In fulfilling his responsibilities under the Act. each Fed eral aeoncy shall furnish to the Secre tary. not later than 3 months after the effective date of these regulations, a re port of the steps it has taken to'coniply with this Part 90. Dated: October 7, 1971. Ve r n o n E. Wil s o n , Administrator, Health Services and Mental Health Adminis tration. Approved: November 1,1971, El l io t L. Ric h a r d s o n , Secretary, (Fa DOC.71-16C44 Piled U-1S-71;3: ami .*' ' - v *.,'1 ' .-I**' V GLD01243? ' * ' U % i * . ) ::' HDEAl KGISTf*, VOt. 3$, NO. JJ1--TUESDAY, NOVEMBER 14, 1971