Document Qa0govn9OkYJ1j2VwgnQZyq5

WASHINGTON4,, d a , 7vr~rr- ' Volume 36 u Number 221 Pages 21801-21860: ' ' " ' * >' I1'..' 'H\i' - i j, .:>.I * *-'4\ , a . Public Health Servlco l 42 CFR Part 90 ] LEAD-BASED PAINT POISONING FREi VEMTION IN FEDERAL AND FEDER ALLY ASSISTED CONSTRUCTION Notice of Proposed Rule Making Section 401 of tire Lead-Based Paint Poisoning Prevention Act (42 U.S.C, 4831) provides that the Secretary or Health, Education, and Welfaro shall take appropriate action to prohibit the use ot Icad-bRsed paint In residential structures constructed or rehabilitated by the Federal Government, or with Fed Au t h o r it y : The proVUlbnR Of this Part 00 . issued under sec. <01. *4 StAt. 2078; 42 U.B.C. 4831. ' t;. fi 90.1 Scope. i The regulations of this part aro pro mulgated to implement the prohibition' in section 401 of the Lead-Based Paint Poisoning and Prevention Act against the'use of lead-based paint In residen tial structures constructed or rehabllD ialed by the Federal Government or with Federal assistance In any form and are applicable to all Federal agencies. i{ eral assistance In any form. Notice is hereby given of a proposal to {90.2 Definitions. Implement this provision by adding to Any term not defined herein shall have Title 42, Code of Federal ItcKulations, the meaning given it by the Act. a new subchapter H, entitled "Lead- (a) "Ac.1** means the Lead-Based Based Faint Poisoning Prevention" and Paint Poisoning Prevention Act (Public a new Part 00 R3 set forth below. law 91-695,84 Slat. 2078). Inquiries may be addressed and data, * (b) "Bccrctavy" mentis the Secretary views, and arguments may be submitted' of Health, Education, and Welfare and in writing, preferably in triplicate, to tho any other officer'or employee of the Bureau of Community Environmental Department of Health, Educatioh, and Management, Room 15-87, 5000 Fisher*', . Welfare to whom the authority Involved Lmm, Rockville, Maryland 20852. AllAS/imay be delegated. material received within 3ft.{ia)'3.follow-1/? *, (c) "Federal agency" means the lug publication of tlvls notice in the Fen-1 United Stales and all executive depart navi, Reg is t er will be considered. Alll ments, independent establlsluncnts, ad comments in response to the proposed l regulations will lie available for public | inspection during if'cular business hours at the foregoing address. \ ministrative agencies and lnstrumfcntall- tics of the United Stales, Including cor porations in which all or substantially all of the stock is beneficially owned by It is therefore proposed to amend Chapter I of Title 42 in the manner set forth bdlow. by the United States or by any. of the foregoing departments, establishments, agencies and instrumentalities. Chapter I of Title 42 is amended by adding a new Subcimptcr II and Part 90, to read as follows: (d> "Agency Head" means the prin cipal ofilclal of a Federal agency and includes those persons duly authorized to act in Ids behalf. t 'i PROPOSED RULE MAKING SUDCHAI'HR U--IEAD.BASED PAINT POISONING PREVENTION (e) "Lead-based paint" means any paint containing more .than 1 >cr centum lead by weight (calculated as lead metal) In the total nonvolatile content of liquid paints or In the drlcct film of.paint already applied. .- (f) "Itesidenllai structure" means the PART 90--LEAD-BASED PAINT POI interior surfaces and those exterior sur- SONING PREVENTION IN FEDERAL' facts readily accessible to.plilldren under AND FEDERALLY ASSISTED CON STRUCTION 7 years of age of any house, apartment, o? structure intended for human habltatlon Including any Institutional structure ^ . M Mr. git See. no.i Scope. !>U 2 Definitions. 00.3 Federal construction; prohibition where persons reside such ns hn orphan^ age, boarding .school dormlUiry,, brt ;iVV*V5 extended-cure facility. .', '< against use of lend-baaed paint. | 90.3 Fcilerul , construction t i>roblil- r 00.4 Federally assisted construction; pro lion against uso'.df. Icnd`bnsc<t paint. . hibition against use of lead-based paint. No Federal, agenejf shall;,trt iihy.iesl-i.' 90S Reporls to the Secretary. '. ' dentlhl structure tonstruoted phrehabili-' '/vf i tv."'1 ' v'.t< . s" ; t . ; * v':; ;i'A'= ^ 7` ' ,X t ; v  1v s*;. * W\\. * fX'-' t >i J *1 ir-i-i. is ` tatcd by such agency, use or permit the use of lead-based paint. 90.4 Fctlcrnlly assisted rnmirtictfon; prohibition ng:iinst tise of leixl-hitrcd paint. (a) Each Agency Head shall Issue regulations and take such other steps us In his judgment arc necessary to pro hibit the use of load-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 in 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 Iteporl* to the Secretary. To assist the Secretary In fulfilling his responsibilities under the Act, each Fed eral agency shall furnish to the Secre tary, not later than 3 montlis after the effective date of these regulations, a re port of the steps it has taken to comply with this Part 90. Dated: October 7, 1971. Ve r n o n E. Wil s o n , Admlnfstrnfor, 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. IFR Doc.H-16! rued 11-16-71:8:17 mj GLD012442 i i ir HOEftAi Reg is t er , v o i. 36, n o . S2i--Tu es d ay , n o y emr er i6, w i