Notice of Action - Comment - Response

NOTICE OF OFFICE OF MANAGEMENT AND BUDGET ACTION

Date 09/14/2009

COMMENT: Terms of the previous clearance remain in effect. This collection substantively alters other OMB-Approved collections. This collection is returned so that HUD may resubmit all relevant collections and to allow HUD time to substantively respond to OMB inquiries.

This collection shifts the information collection point to a different point within the lead safe housing rule process.  Does this shift affect the respondents ability to answer the questions?

            This collection requires direct recipients of HUD housing assistance (e.g., participating jurisdictions, housing agencies, owners of multifamily housing receiving project-based assistance; vs. housing occupants) for target housing (essentially, pre-1978 housing) to provide numerical summaries of records (and, in cases of exceptions, brief explanations) that the recipients are already required to collect under the Lead Safe Housing Rule (LSHR, 24 CFR 35, subparts B–R).  In particular, 24 CFR 35.125, Notice of evaluation and hazard reduction activities, requires that, when evaluation or lead hazard reduction is undertaken, the owner or other designated party must provide a notice to occupants.  That notice to occupants summarizes the property characteristics and activities applicable to the lead safety requirements.  Section 35.175, Records, requires that a copy of each notice, evaluation, and clearance or abatement report be kept for at least three years, and, for ongoing lead-based paint maintenance and/or reevaluation activities, for at least three years after such activities are no longer required.  The existing regulatory information collection requirement is for the records of evaluation and hazard reduction to be generated and retained; the revised information collection requirement would cover preparing brief numerical summaries of the presence of these records (e.g., how many lead-based paint inspections were conducted, how many clearance examinations were conducted at the end of lead hazard control activities, etc.), and providing them to the Department.

Does HUD plan to resubmit the OMB-approved collections that this collection is affecting?

            Because the information collection burden is covered by this ICR, the HUD program offices will not need to revise their collection requests, but, simply add the OMB approval number for this collection, when they incorporate this collection into their data systems.  At the program offices’ next ICR approval cycle, they may wish to integrate this burden into theirs, or let this burden remain within this collection; in any case, it will be important to avoid duplicate account of the burden.