sion receivers described in paragraph (b) (1) of this section.

(2) Products which are intended to produce x radiation.

(3) Microwave ovens intended to be used in homes, restaurants, food vending or service establishments, on interstate carriers and in similar locations.

(4) Microwave diathermy machines.

(5) Lasers and products or devices containing lasers which have a reporting index number of N, equal to or greater than one (1). Reporting index numbers shall be calculated in accordance with Appendix A.

APPENDIX A-LASER REPORTING INDEX NUMBER

(a) For laser products, the reporting index number N, shall be calculated using the relation N=BU/A. The appropriate value of B may be determined from Table 1 for a given wave-length. U is the radiant energy in joules (J). For continuous operation, U is the radiant energy per second in the laser emission. For single pulse operation, U is the true radiant energy per pulse. For repetitively pulsed lasers, reporting index numbers will be computed using both energy per pulse and energy per second. When computing the reporting index number using energy per pulse, that value of B corresponding to the pulse duration of the laser emission in Table 1 will be used. When computing the reporting index number using energy per second, that value of B found in the column "continuous to 0.1 sec" of Table 1 will be used.

(b) A, as used in the relation above, is the actual beam area in square centimeters. For

parallel or divergent beams, A is measured at 30 centimeters (cm) from the permanent instrument housing 1 at the points of closest approach to the exit port or ports of the laser beam; for convergent beams, A is measured at that distance from the permanent instrument housing which results in a value of N which is maximal.

(c) If more than one value of N can be determined for a given product, the largest value shall be used for reporting purposes. When simultaneous emission of more than one wavelength occur, an individual reporting index number shall be calculated for each wavelength. The sum of the individual reporting index numbers shall be used as the reporting index number for the product. Where N cannot be calculated, a reporting index number of 1,000 shall be used.

1 "Permanent instrument housing" means that exterior part of the product, without which the laser beam cannot be produced.

(c) "Federal agency" means the United States and all executive departments, independent establishments, administrative agencies and instrumentalities of the United States, including corporations in which all or substantially all of the stock is beneficially owned by the United States or by any of the foregoing departments, establishments, agencies and instrumentalities.

(d) "Agency Head" means the principal official of a Federal agency and includes those persons duly authorized to act in his 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 any house, apartment, or structure intended for human habitation including any institutional structure where persons reside such as an orphanage, boarding school dormitory, day care center, or extended-care facility.

(g) "Applicable surfaces" means all interior surfaces and those exterior surfaces, such as stairs, decks, porches, railings, windows, and doors, which are readily accessible to children under 7 years of age.

§ 90.3

Federal construction; prohibition against use of lead-based paint.

No Federal agency shall, in any residential structure constructed or rehabilitated by such agency, use or permit the use of lead-based paint on applicable surfaces.

§ 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 prohibit the use of lead-based paint on applicable surfaces of any residential structures constructed or rehabilitated 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 construction or rehabilitation is performed, prohibiting such use of lead-based paint, and shall include provisions for enforcement of that prohibition.

91.14

91.15

91.16 91.17

Grantee accountability.

Records, reports, inspection, and audit.

Additional conditions.

Early termination and withholding of payments.

AUTHORITY: The provisions of this Part 91 issued under secs. 101 and 201, 42 U.S.C. 4801 and 4811; 84 Stat. 2078.

SOURCE: The provisions of this Part 91 appear at 37 F.R. 9188, May 5, 1972, unless otherwise noted.

§ 91.1 Applicability.

The regulations in this part are applicable to the award of grants under titles I and II of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 and 4811; 84 Stat. 2078) to assist units of general local government in any State in developing and carrying out local programs for the detection and treatment of incidents of lead-based paint poisoning and for the identification and elimination of the hazards of lead-based paint poisoning.

91-695 (42 U.S.C. 4801 et seq.; 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 has been delegated.

(c) "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

(d) "Unit of general local government" means (1) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; (2) any combination of units of general local government in one or more States; (3) an Indian tribe; or (4) with respect to lead-based poisoning elimination activities in their urban areas, the territories and possessions of the United States.

(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.

§ 91.3 Eligible applicants.

Any unit of general local government is eligible to apply for a grant under this part.

§ 91.4 Form and manner of application. (a) An application for a grant under this part shall be submitted to the Secretary in such form and manner and at such time as the Secretary may prescribe.1

(b) The application shall be executed by an individual authorized to act for the applicant and to assume on behalf of the applicant the obligations imposed by the terms and conditions of any award, including the regulations of this part.

(c) The application shall contain a budget and narrative plan of the manner in which the applicant intends to conduct the project and carry out the re

1 Applications and instructions may be obtained from the Regional Health Director of the Health Services and Mental Health Administration at the Regional Office of the Department of Health, Education, and Welfare for the region in which the project is to be conducted.

quirements of this part, and shall clearly identify the respective amounts of grant funds to be utilized under title I and title II of the act.

(d) Prior to submission of the application to the Secretary, reasonable opportunity for review and comment with respect to the application shall be afforded to the appropriate State comprehensive health planning agency designated pursuant to section 314(a) of the Public Health Service Act (42 U.S.C. 246(a)) and to the appropriate areawide health planning agency, if any established pursuant to section 314(b) of the Public Health Service Act (42 U.S.C. 246 (d)).

§ 91.5 Description of program.

Ar application for a grant under this part shall set forth a description of the proposed lead-based poisoning prevention program, which shall include:

(a) A description of the applicant's legal authority and responsibility for the administration of such program, together with a description of the steps which the applicant proposes to take in order to obtain any legal authority which is necessary for the administration of such program but which is not currently available to the applicant.

(b) A description of the applicant's administrative organization, procedures, facilities, financial, and other resources, and staff, together with plans for changes or development, including additional staffing, necessary to carry out the programs efficiently and effectively.

(c) A description of the nature, effects and extent of the actual and potential local lead-based paint poisoning problem, including an identification of the major areas and population affected by lead-based paint poisoning, and the methods used in determining the nature, effect and extent of the lead-based paint poisoning problem.

(d) The overall objectives of the program (including immediate and longrange objectives) which must be appropriate to the solution of the lead-based paint poisoning problem identified in paragraph (c) of this section.

(e) A description of the manner in which the proposed program will be integrated with existing health service and housing programs.

(f) A description of the involvement of residents of the area to be served by

the proposed program in the development of such program.

(g) A description of a comprehensive program for the detection and treatment of incidents of lead-based paint poisoning and for the identification and elimination of the hazards of lead-based paint poisoning, which program must include specific measures taken or to be taken to accomplish the objectives identified pursuant to paragraph (d) of this section, and a schedule for their accomplishment. The program shall emphasize screening and detection activities, and shall include:

(1) The development of effective informational programs designed to develop awareness of the problem among the population of the communities affected;

(2) Community self-help programs to enable residents to remove lead-based paint poisoning hazards from the residential community;

(3) To the maximum extent feasible, opportunities for training, education, and employment of the residents of communities affected by lead-based paint poisoning, and shall include a program for providing information which may be necessary to inform such residents of opportunities for employment in the lead-based paint elimination program;

(4) Establishment of lead-based paint poisoning screening services at such locations and at such times as to be easily accessible to the residents of the communities identified as needing such services;

(5) An intensified community followup program to insure that children with blood lead levels of over 40 micrograms per 100 milliliters of whole blood are followed under a program of medical surveillance or treatment as medically indicated, and that sources of undue lead intake are identified and controlled;

(6) A comprehensive program of testing to detect the presence of lead-based paints in residential housing; and

(7) A comprehensive program requiring owners or landlords of housing units found to have unacceptable levels of lead-based paint, on interior surfaces or exterior surfaces accessible to children, to eliminate the paint from such surfaces or otherwise control the hazard; and, requiring other actions to eliminate or reduce lead-based paint poisoning.

(h) A description of the ongoing evaluation and planning by which the ap

(2) The general quality and effectiveness of the lead-based paint poisoning prevention program in relation to the requirements of § 91.5;

(3) The extent to which representatives of the communities to be served have been involved in the development of the project;

(4) The extent to which, in the judgment of the Secretary, a grant under this part will assist in the establishment of a continuing lead-based paint poisoning prevention program which will be conducted by the applicant beyond the termination of Federal financial support; and

(5) The extent to which the Federal and local programs are coordinated and utilized to impact on the lead-based paint poisoning problem.

(b) The amount of any award shall be determined by the Secretary on the basis of his estimate of the sum necessary for all or a designated portion of direct project costs plus an additional amount for indirect costs, if any, which will be calculated by the Secretary either (1) on the basis of his estimate of the actual indirect costs reasonably related to the project, or (2) on the basis of a percentage of all, or a portion of, the estimated direct costs of the project when there are reasonable assurances that the use of such percentage will not exceed the approximate actual indirect costs. Such award may include an estimated provisional amount for indirect costs or for designated direct costs subject to upward (within the limits of available funds) as well as downward adjustments to actual costs when the amount properly expended by the grantee for provisional items has been determined by the Secretary. Provided, however, that no grant under this part

shall include an amount for carrying out the purposes of title I of the act which exceeds 75 percent of the cost of carrying out such purposes, as described in the application and determined by the Secretary. In determining the grantee's share of project costs, costs for which Federal grants from other sources have been or may be claimed or received or costs used to match other Federal grants except as may be otherwise provided by law, or costs to be met from the Federal share of grant related income (except as may be permitted by chapter 1-420 of the Department of Health, Education, and Welfare Grants Administration Manual1) may not be included.

(c) Except as may otherwise be provided by the regulations of this part, the identification of direct and indirect costs will be consistent with the generally accepted and established accounting practices that the grantee applies to its own activities and in conformance with the applicable principles set forth in chapters 1-76, 2-65, 2-66, and 5-60 of the Department of Health, Education, and Welfare Grants Administration Manual.

(d) All grant awards shall be in writing, shall set forth the respective amounts of funds granted under title I and under title II of the act, and the period for which support is recommended.

(e) Neither the approval of any project nor any grant award shall commit or obligate the United States in any way to make any additional, supplemental, continuation or other award with respect to any approved project or portion thereof. For continuation support, grantees must make separate application annually at such times and in such form as the Secretary may direct. § 91.7

Grant payments.

The Secretary shall from time to time make payments to a grantee of all or a portion of any grant award, either in advance or by way of reimbursement for expenses incurred or to be incurred in the performance of the project to the extent he determines such payments necessary to promote prompt initiation

1 The Department Grants Administration Manual is available for inspection at the Public Information Office of the several department regional offices and available for purchase at the Government Printing Office, GPO document No. 894-523.

and advancement of the approved project.

§ 91.8 Use of grant funds.

(a) Any funds granted pursuant to this part as well as other funds to be used in performance of the approved project shall be expended solely for carrying out the approved project in accordance with the statute, the regulations of this part, the terms and conditions of the award and cost principles set forth in the Department of Health, Education, and Welfare Grants Administration Manual. Such funds may be expended for medical care or treatment and the deleading of residential environments only under special circumstances as indicated in the following items:

(1) Providing medical care or treatment on only an emergency basis of victims of lead-based paint poisoning where the applicant finds, and demonstrates to the satisfaction of the Secretary, either before or after the provision of such care or treatment, that no other funds are reasonably available for such care and treatment; or

(2) Deleading of residential dwellings, only where the applicant finds that the presence of lead-based paint on interior surfaces of such a dwelling presents an imminent danger to the health and safety of one or more residents and where the applicant finds, and demonstrates to the satisfaction of the Secretary, either before or after such deleading, that no other funds are reasonably available for such deleading.

(b) Prior approval by the Secretary of revision of the budget and project plan is required whenever there is to be a significant change in the scope or nature of project activities.

(a) Attention is called to the requirements of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d; 78 Stat. 252) which provides that no person in the United States shall on the grounds of race, color, or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. A regulation implementing such title VI, which applies to grants made under this part, has been issued by the Secretary of Health, Education, and Welfare with