Document oMMez658w9eoeZ9Q5N3yGGg8E

TUESDAY, NOVEMBER 16, 1971 WASHINGTON, D.C. Volume 36 53 Number 221 Pages 21801-21860 Public Health Service [ 42 CFR Part 5C 3 LEAD-BASED PAINT POISONING PRE VENTION IN FEDERAL AND FEDER ALLY ASSISTED CONSTRUCTION Notice |of Proposed Rule Making Section 401 ol the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831) provides that the Secretary of Health, Education, and Welfare shall take appropriate action to prohibit the use of lead-based paint in residential structures constructed or rehabilitated by the Federal Government, or with Fed eral assistance in any form. Notice is hereby given of a proposal to implement this provision by adding to Title 42, ;Code of Federal Regulations, a new Subchapter H, entitled "LeadBased Paint Poisoning Prevention" and a new Pari; 20 as set forth below. Inquiries may be addressed and data, viewsvfaJndfargilmfents! may bte submitted in writing:, preferably in triplicate, to the Bureau of Community Environmental Management, Room 15-87, 5600 Fishers Lane, Rockville, Maryland 20852. All material received within 30 days follow ing publication of this notice in the Fed e r a l Reg is t er will be considered. All comments in response to the proposed regulations will be available for public ihspjecftiSiji , during, tegltl'sir biikhess1 hours at the foregoing address. It is therefore proposed to amend Chapter I of Title 42 in the manner set forth bdlow. Chapter I of Title 42 is amended by adding a new Subchapter H and Part 90, to read as follows: PROPOSED RULE MAKING SUBCHAPTSR H--IFAD-BASED PAINT POISONING PREVENTION PART 90--LEAD-BASED PAINT POI SONING PREVENTION IN FEDERAL AND FEDERALLY ASSISTED CON STRUCTION See. 90.1 90.2 .80.3 00.4 90.5 Scope. De5nit.ions. Federal construction; prohibition against use of lead-based paint. Federally assisted construction; pro hibition against use of lead-based paint. Reports to the Secretary. Au t h o r it y : The provisions of this Part 90 issued under sec. 401, 84 Stat, 2079; 42 U.S.C. 4831. 90.1 Scope. The regulations of this part are pro mulgated to implement :the prohibition in section 401 of the Lead-Based Paint Poisoning and Prevention Act against the' use of lea'd-based paint in residen tial structures constructed or rehabili tated by the Federal Government or with Federal assistance in any form and are applicable to all Federal agencies. 90.2 Definitions. Any term not defined herein shall have the meaning given it by the Act- la) "Act" means the Lead-Based Paint Poisoning Prevention Act (Public Law 91-695, 84 Stat. 2078) . (b) "Secretary".means the Secretary , of Health, Education, and Welfare, and any other officer or employee of the Department of Health, Education, and Welfare to whom the authority involved may be delegated. (c) "Federal agency" means the United States and all executive depart ments, independent establishments, ad ministrative agencies and instrumentali ties of the United States, including cor porations in which all pr substantially all of the stock is beneficially owned by by the United States or by any. of the foregoing departments, establishments, agencies and instrumentalities. (d) "Agency Head" means the prin cipal official of a Federal agency and includes those persons duly authorized to act in liis behalf. . (e) "Lead-based paint" means any paint containing more than 1 per centum lead by weight (calculated as lead metal) in the total' nonvolatile content of liquid paints or in the dried- film of paint already applied. (f) "Residential structure" means the interior surfaces and those exterior sur faces readily accessible to children under 7 years of age of any house, apartment, or structure intended for human habita tion including any institutional structure where persons reside such as an orphan age, boarding school dormitory, or extended-care facility. 90.3 Federal construction; prohibi tion against use of lead-based paint. No Federal agency shall, in any resi dential structure constructed or rehabili- tated by such agency, use or permit the use of lead-based paint. 90.4 Federally assisted construction; prohibition against use of lead-based paint. (a) Each Agency Head shall issue regulations and take such other steps as 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 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. 1 90:5 .Reports to the Secretary. To assist the Secretary in fulfilling his responsibilities i under the Act, each Fed eral agency 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 comply 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, [FR Doc.71-16644 Filed 11-15-71; 8:47 am] FEDERAL REGISTER, VOL. 36, NO. 221--TUESDAY, NOVEMBER 16, 1971 EFI 150i