This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

3463 

Vol. 80, No. 15 

Friday, January 23, 2015 

1To view the rule, supporting analyses, and 

comments we received, go to http://

www.regulations.gov/#!docketDetail;D=APHIS2011-0003. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 2 

[Docket No. APHIS–2011–0003] 

RIN 0579–AD57 

Animal Welfare; Retail Pet Stores and 

Licensing Exemptions; Technical 

Amendment 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: In a final rule published in 

the Federal Register on September 18, 

2013, and effective on November 18, 

2013, we amended the regulations 

concerning the definition of retail pet 

store and related regulations in order to 

ensure that the definition in the 

regulations is consistent with the 

Animal Welfare Act (AWA), thereby 

bringing more pet animals sold at retail 

under the protection of the AWA. As 

part of that action, we raised from three 

to four the maximum number of female 

breeding dogs, cats, or certain other 

animals that a person can maintain and 

be exempted from licensing, as long as 

they sell only the offspring of those 

animals born and raised on their 

premises for pets or exhibition and are 

not otherwise required to obtain a 

license. In the final rule, we overlooked 

raising the number of breeding females 

in one provision in the regulations 

concerning animal purchases by dealers 

and exhibitors. This document corrects 

the oversight. 

DATES: Effective January 23, 2015. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Gerald Rushin, Veterinary Medical 

Officer, Animal Care, APHIS, 4700 River 

Road Unit 84, Riverdale, MD 20737– 

1236; (301) 851–3751. 

SUPPLEMENTARY INFORMATION: In a final 

rule 1 that was published in the Federal 

Register on September 18, 2013 (78 FR 

57227–57250, Docket No. APHIS–2011– 

0003), and effective on November 18, 

2013, we amended the regulations 

concerning the definition of retail pet 

store and related regulations in order to 

ensure that the definition of retail pet 

store in the regulations is consistent 

with the Animal Welfare Act (AWA), 

thereby bringing more pet animals sold 

at retail under the protection of the 

AWA. 

As part of that action, in § 2.1(a)(3) we 

changed from three to four the 

maximum number of female breeding 

dogs or cats that a person can maintain 

and be exempted from licensing, so long 

as they sell only the offspring of those 

animals born and raised on their 

premises for pets or exhibition and are 

not otherwise required to obtain a 

license. In the final rule, we overlooked 

raising the number of breeding females 

in § 2.132(d) from three to four with 

respect to licensing exemption 

provisions for persons selling cats, dogs, 

or certain other animals to dealers or 

exhibitors. This document corrects the 

oversight. 

List of Subjects in 9 CFR Part 2 

Animal welfare, Pets, Reporting and 

recordkeeping requirements, Research. 

Accordingly, 9 CFR part 2 is amended 

as follows: 

PART 2—REGULATIONS 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 7 U.S.C. 2131–2159; 7 CFR 

2.22, 2.80, and 371.7. 

§ 2.132 [Amended] 

■ 2. In § 2.132, paragraph (d) is 

amended by removing the word ‘‘three’’ 

and adding the word ‘‘four’’ in its place. 

Done in Washington, DC, this 16th day of 

January 2015. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2015–01149 Filed 1–22–15; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 738, 740, 742, and 758 

[Docket No. 130405339–3339–01] 

RIN 0694–AF72 

U.S.-India Bilateral Understanding: 

Additional Revisions to the U.S. Export 

and Reexport Controls Under the 

Export Administration Regulations 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: In this rule, the Bureau of 

Industry and Security (BIS) amends the 

Export Administration Regulations 

(EAR) to further implement the bilateral 

understanding between the United 

States and India announced by 

President Obama and India’s Prime 

Minister Singh on November 8, 2010. 

On January 25, 2011, BIS published the 

first rule in a series of rules to 

implement the bilateral understanding 

between the two countries. These rules 

fulfill the President’s and Prime 

Minister’s commitment to work together 

to strengthen the global nonproliferation 

and export control framework and 

further transform our bilateral export 

control cooperation to realize the full 

potential of the strategic partnership 

between the two countries. Specifically, 

in this rule, to further implement the 

November 8, 2010 bilateral 

understanding, BIS removes license 

requirements for certain items 

controlled for crime control and 

regional stability reasons to India. BIS 

also makes conforming changes in this 

rule. 

DATES: This rule is effective January 23, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

Chantal Lakatos, Office of 

Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, Department of Commerce, by 

telephone: (202) 482–1739; or by email: 

Chantal.Lakatos@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 


emcdonald on DSK67QTVN1PROD with RULES
3464 Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Rules and Regulations 

Background 

U.S.-India Bilateral Understanding: 

Additional Revisions to the U.S. Export 

and Reexport Controls Under the Export 

Administration Regulations 

On January 25, 2011, the Bureau of 

Industry and Security (BIS) published a 

final rule, the first in a series of rules, 

which amended the Export 

Administration Regulations (EAR) to 

implement the U.S.-India bilateral 

understanding (76 FR 4228, January 25, 

2011) (January 25 rule). The January 25 

rule and the bilateral understanding 

were the result of the November 8, 2010 

Joint Statement issued by President 

Obama and Prime Minister Singh of 

India announcing that they had resolved 

to expand and strengthen the U.S.-India 

global strategic partnership. (U.S.-India 

Joint Statement, November 8, 2010). The 

Joint Statement covered a range of 

issues, activities, and programs that 

reflect the vision of the President and of 

India’s Prime Minister. In the Joint 

Statement, the leaders reaffirmed that 

the U.S.-India strategic partnership is 

indispensable for global stability and 

prosperity and reaffirmed existing 

assurances regarding procurement and 

use by India of items subject to the EAR. 

In the Joint Statement, recognizing that 

India and the United States should play 

a leadership role in promoting global 

nonproliferation objectives and their 

desire to expand high technology 

cooperation and trade, the two leaders 

committed to work together to 

strengthen the global export control 

framework and further transform 

bilateral export control regulations and 

policies. The two nations decided to 

take mutual steps to expand U.S.-India 

cooperation in civil space, defense and 

other high technology sectors. 

The United States’ implementation of 

the commitment included removing 

Indian defense and space related 

entities from the Entity List, as well as 

realigning India in U.S. export control 

regulations. Additionally, the Joint 

Statement announced that the United 

States ‘‘intends to support India’s full 

membership in the four multilateral 

export control regimes (Nuclear 

Suppliers Group, Missile Technology 

Control Regime, Australia Group, and 

Wassenaar Arrangement) in a phased 

manner, and to consult with regime 

members to encourage the evolution of 

regime membership criteria . . . 

consistent with maintaining the core 

principles of these regimes, as the 

Government of India takes steps towards 

the full adoption of the regimes’ export 

control requirements to reflect its 

prospective membership, with both 

processes moving forward together.’’ 

The January 25 rule began the 

implementation of those reforms by 

revising certain export and reexport 

controls for India, including the removal 

of nine Indian entities from the Entity 

List. In addition, in the January 25 rule, 

BIS amended the EAR to remove India 

from Country Groups D:2, D:3, and D:4, 

and to add India to Country Group A:2 

in Supplement No. 1 to Part 740. BIS 

also made conforming changes in the 

EAR. 

In this rule, BIS amends the EAR to 

further implement the November 8, 

2010 bilateral understanding between 

the United States and India. 

Specifically, this rule removes India 

from Crime Controls (CC) columns 1 

and 3, and Regional Stability (RS) 

column 2 on the Commerce Country 

Chart in Supplement No. 1 to Part 738 

of the EAR because the Government of 

India has now taken appropriate steps to 

ensure that the specific U.S.-origin 

items controlled for CC and RS reasons 

are not reexported from India without a 

license. However, a license requirement 

remains for items controlled under 

export control classification numbers 

(ECCNs) 6A003.b.4.b and 9A515.e for 

RS column 2 reasons when destined to 

India. BIS also makes conforming 

changes in this rule. These changes, like 

those in the January 25 rule, are in the 

national interest of the United States. 

Specific Additional Amendments to the 

EAR Further Implementing the U.S.- 

India Bilateral Understanding 

Part 738—Commerce Control List 

Overview and the Country Chart 

BIS amends the EAR to remove the 

‘‘X’’ in CC columns 1 and 3 and in RS 

column 2 for ‘‘India’’ in Supplement No. 

1 to Part 738 of the EAR (Commerce 

Country Chart). These actions remove 

the license requirement for India for 

U.S.—origin items controlled under the 

EAR for CC columns 1 and 3 reasons 

and for RS column 2 reasons. BIS notes 

that the elimination of license 

requirements for RS column 2 items to 

India does not eliminate license 

requirements for items classified under 

ECCNs 6A003.b.4.b and 9A515.e. 

Part 758—Export Clearance 

Requirements 

In addition, BIS amends the EAR to 

establish a filing requirement in the 

Automated Export System (AES) for 

items exported to India when those 

items fall under an ECCN on the 

Commerce Control List in Supplement 

No. 1 to Part 774, for which CC columns 

1 and 3, and RS column 2 are listed as 

reasons for control. Specifically, BIS 

amends section 758.1 of the EAR by 

adding new paragraph (b)(9) that 

requires exporters file an AES record for 

items controlled for CC 1 and 3 and RS 

2 reasons when such items are for 

export to India, regardless of value. 

BIS amends section 758.6 by adding 

new paragraph (c) requiring a notation 

on the invoice, bill of lading, air 

waybill, or other export control 

document that accompanies the 

shipment from its point of origin in the 

United States to the ultimate consignee 

or end-user in India. The notation will 

indicate the ECCNs of items for which 

CC columns 1 or 3, or RS column 2 

reasons for control are listed, that they 

are destined to India, and that 

authorization may be required from the 

U.S. Department of Commerce for 

reexport of the items. 

Conforming Amendments 

Section 740.2 (Restrictions on All 

License Exceptions) and Supplement 1 

to Part 738 (Commerce Country Chart) 

As a conforming change to removing 

the license requirement for India for 

items controlled for CC columns 1 and 

3 reasons, BIS also amends section 

740.2 of the EAR to add India to 

paragraph (a)(4)(i). Inclusion in 

paragraph (a)(4)(i) identifies India as 

one of the countries or organizations 

(i.e., Australia, Japan, New Zealand, or 

a NATO (North Atlantic Treaty 

Organization) member state) for which 

the restrictions on license exceptions 

due to license requirements described in 

section 742.7 (crime control and 

detection) do not apply. This status for 

India also broadens the availability of 

license exceptions under the EAR for 

items exported to India. 

BIS also amends the EAR to make a 

conforming change by adding a seventh 

footnote to Supplement No. 1 to Part 

738 to notify exporters of an AES filing 

requirement for CC columns 1 and 3 

items, and RS column 2 items when 

they are intended for export to India. 

That footnote also notifies exporters that 

the elimination of license requirements 

for items controlled for RS column 2 

reasons to India does not apply to items 

controlled under ECCNs 6A003.b.4.b 

and 9A515.e. 

Section 742.6 (Regional Stability) 

Finally, BIS makes conforming 

changes in paragraph (a)(4)(i) of section 

742.6 to add India to the list of countries 

for which a license is not required for 

items controlled for RS column 2 

reasons for control, while also pointing 

out that a license requirement remains 

for items controlled under ECCNs 

6A003.b.4.b and 9A515.e for RS column 

2 reasons when destined to India. 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Rules and Regulations 3465 

Export Administration Act 

Although the Export Administration 

Act expired on August 20, 2001, the 

President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as amended by 

Executive Order 13637 of March 8, 

2013, 78 FR 16129 (March 13, 2013) and 

as extended by the Notice of August 7, 

2014, 79 FR 46959 (August 11, 2014), 

has continued the Export 

Administration Regulations in effect 

under the International Emergency 

Economic Powers Act. BIS continues to 

carry out the provisions of the Export 

Administration Act, as appropriate and 

to the extent permitted by law, pursuant 

to Executive Order 13222, as amended 

by Executive Order 13637. 

On January 20, 2015, the Under 

Secretary of Commerce for Industry and 

Security, pursuant to the authority 

delegated to him under section 6(n)(2) 

of the Export Administration Act, 

designated India as an eligible 

destination for export and reexport of 

items controlled for crime control (CC) 

without a license. 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been designated a ‘‘significant 

regulatory action,’’ although not 

economically significant, under section 

3(f) of Executive Order 12866. 

Accordingly, the rule has been reviewed 

by the Office of Management and 

Budget (OMB). 

2. Notwithstanding any other 

provisions of law, no person is required 

to respond to nor be subject to a penalty 

for failure to comply with a collection 

of information, subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

OMB Control Number. This rule 

involves collections of information 

subject to the PRA. This collection has 

been approved by OMB under control 

numbers 0694–0088, ‘‘Simplified 

Network Application Processing 

System,’’ which includes among other 

things license applications and carries a 

burden hour estimate of 43.8 minutes 

for a manual or electronic application; 

and 0694–0122, ‘‘Licensing 

Responsibilities and Enforcement,’’ 

which carries a burden hour estimate of 

5 seconds to manually or electronically 

complete each required export clearance 

document. Total burden hours 

associated with the PRA and OMB 

control numbers 0694–0088 and 0694– 

0122 are not expected to increase as a 

result of this rule. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. Pursuant to 5 U.S.C. 553(a)(1), the 

provisions of the Administrative 

Procedure Act requiring notice of 

proposed rulemaking, the opportunity 

for public participation, and a delay in 

effective date, are inapplicable because 

this regulation involves a military or 

foreign affairs function of the United 

States. (See 5 U.S.C. 553(a)(1)). This rule 

further implements the phased aspects 

of the understanding between the 

United States and India reflected in the 

November 8, 2010 U.S.-India Joint 

Statement and is not discretionary. No 

other law requires that a notice of 

proposed rulemaking and an 

opportunity for public comment be 

given for this rule. Because a notice of 

proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule by 5 

U.S.C. 553, or by any other law, the 

analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., are not applicable. Accordingly, 

no Regulatory Flexibility analysis is 

required and none has been prepared. 

Notwithstanding these considerations, 

BIS welcomes public comments and 

will review them on a continuing basis. 

List of Subjects 

15 CFR Part 738 

Exports. 

15 CFR Parts 740 and 758 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 742 

Exports, Terrorism. 

Accordingly, parts 738, 740, 742, and 

758 of the EAR (15 CFR parts 730–774) 

are amended as follows: 

PART 738—[AMENDED] 

■ 1. The authority citation for part 738 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et 

seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 

42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 

1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 7, 2014, 79 

FR 46959 (August 11, 2014). 

■ 2. Amend Supplement No. 1 to part 

738 by: 

■ a. Removing ‘‘X’’ in columns ‘‘RS 2’’ 

and ‘‘CC 1 and 3’’ for ‘‘India’’; and 

■ b. Adding footnote designation 7 to 

‘‘India’’; and 

■ c. Adding footnote 7. 

The addition reads as follows: 

Supplement No. 1 to Part 738— 

Commerce Country Chart 

* * * * * 7See § 758.1(b)(9) for an AES filing 

requirement for exports of CC column 1 

or 3, or RS column 2 items to India. 

Also note that a license is still required 

for items controlled under ECCNs 

6A003.b.4.b and 9A515.e for RS column 

2 reasons when destined to India. 

PART 740—[AMENDED] 

■ 3. The authority citation for part 740 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; 

E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., 

p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 7, 2014, 79 

FR 46959 (August 11, 2014). 

■ 4. Amend § 740.2 by revising 

paragraph (a)(4)(i) to read as follows: 

§ 740.2 Restrictions on all License 

Exceptions. 

(a) * * * 

(4) * * * 

(i) Being made to Australia, India, 

Japan, New Zealand, or a NATO (North 

Atlantic Treaty Organization) member 

state (see NATO membership listing in 

§ 772.1 of the EAR): 

* * * * * 

PART 742—[AMENDED] 

■ 5. The authority citation for part 742 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 

42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; Sec. 1503, Pub. L. 108–11, 117 

Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 

1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 

3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 

FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Presidential Determination 

2003–23 of May 7, 2003, 68 FR 26459, May 

16, 2003; Notice of August 7, 2014, 79 FR 


emcdonald on DSK67QTVN1PROD with RULES
3466 Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Rules and Regulations 

1 Identification Guidance for Homes with 

Corrosion from Problem Drywall as of March 18, 

2011, by the U.S. Consumer Product Safety 

Commission and the U.S. Department of Housing 

and Urban Development http://www.cpsc.gov//

PageFiles/115328/IDguidance031811.pdf. 

Remediation Guidance for Homes with Corrosion 

from Problem Drywall as of March 15, 2013, by the 

U.S. Consumer Product Safety Commission and the 

U.S. Department of Housing and Urban 

Development http://www.cpsc.gov//Global/

Safety%20Education/Safety-Information-Centers/

Drywall/remediation031513.pdf. 

46959 (August 11, 2014); Notice of November 

7, 2014, 79 FR 67035 (November 12, 2014). 

■ 6. Amend § 742.6 by revising 

paragraph (a)(4)(i) to read as follows: 

§ 742.6 Regional stability. 

(a) * * * 

(4) * * * 

(i) License requirements applicable to 

most RS Column 2 items. As indicated 

in the CCL and in RS Column 2 of the 

Commerce Country Chart (see 

Supplement No. 1 to part 738 of the 

EAR), a license is required to any 

destination except Australia, India, 

Japan, New Zealand, and countries in 

the North Atlantic Treaty Organization 

(NATO) for all items in ECCNs on the 

CCL that include RS Column 2 in the 

Country Chart column of the ‘‘License 

Requirements’’ section. A license 

continues to be required for items 

controlled under ECCNs 6A003.b.4.b 

and 9A515.e for RS Column 2 reasons 

when destined to India. 

* * * * * 

PART 758—[AMENDED] 

■ 7. The authority citation for part 758 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

7, 2014, 79 FR 46959 (August 11, 2014). 

■ 8. Amend § 758.1 by adding paragraph 

(b)(9) to read as follows: 

§ 758.1 The Electronic Export Information 

(EEI) filing to the Automated Export System 

(AES). 

* * * * * 

(b) * * * 

(9) For items that fall under ECCNs 

that list CC Column 1 and 3 and RS 

Column 2 (see Supplement No. 1 to part 

738 of the EAR) as reasons for control 

and such items are for export, regardless 

of value, to India. 

* * * * * 

■ 9. Amend § 758.6 by adding paragraph 

(c) to read as follows: 

§ 758.6 Destination control statements and 

other information furnished to consignees. 

* * * * * 

(c) Additional requirement for items 

under ECCNs for which CC Column 1 or 

3 or RS Column 2 are listed as reasons 

for control and are destined to India. In 

addition to the DCS as required in 

paragraph (a) of this section, the 

following information must be printed 

on the invoice, bill of lading, air 

waybill, or other export control 

document that accompanies the 

shipment from its point of origin in the 

United States to the ultimate consignee 

or end-user in India: ‘‘These items are 

classified under Export Control 

Classification Number(s) (ECCN(s)) [Fillin the ECCNs for which CC 1 or 3 or RS 

2 are listed as reasons for control] and 

destined to India. Authorization for 

reexport from India may be required 

from the U.S. Department of 

Commerce.’’ 

Dated: January 20, 2015. 

Eric L. Hirschhorn, 

Under Secretary for Industry and Security. 

[FR Doc. 2015–01273 Filed 1–22–15; 8:45 am] 

BILLING CODE 3510–33–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Chapter II 

[Docket No. CPSC–2015–0002] 

Notice of Determination Under the 

Drywall Safety Act of 2012 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of determination. 

SUMMARY: The Consumer Product Safety 

Commission (CPSC, or Commission) is 

announcing that, pursuant to the 

requirements of the Drywall Safety Act 

of 2012 (DSA), the Commission has 

determined that: ASTM C1396–14a, 

‘‘Standard Specification for Gypsum 

Board,’’ is a voluntary standard for 

drywall manufactured or imported for 

use in the United States that limits 

sulfur content to a level not associated 

with elevated rates of corrosion in the 

home; ASTM C1396–14a became 

effective less than two years after the 

enactment of the DSA; and ASTM 

C1396–14a was developed by 

Subcommittee C11.01 on Specifications 

and Test Methods for Gypsum Products 

of ASTM International. Based on these 

determinations, the sulfur content limit 

in ASTM C1396–14a shall be treated as 

a consumer product safety rule 

promulgated under the Consumer 

Product Safety Act (CPSA). Drywall 

manufactured or imported for use in the 

United States shall be subject to the 

general conformity certification (GCC) 

requirements of the CPSA. 

DATES: This action becomes effective on 

July 22, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Rohit Khanna, Office of Hazard 

Identification and Reduction, U.S. 

Consumer Product Safety Commission, 

5 Research Place, Rockville, MD 20850; 

telephone (301) 987–2508; email 

rkhanna@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

CPSC began investigating drywall in 

2009, after reports from homeowners 

that they were seeing corrosion of metal 

items inside their homes. According to 

homeowners’ reports, the items 

primarily involved were electrical 

fixtures, appliances, plumbing, and air 

conditioner coils. CPSC used the term 

‘‘problem drywall’’ to refer to drywall 

associated with elevated rates of metal 

corrosion. After CPSC’s initial 

investigations, CPSC joined with the 

U.S. Department of Housing and Urban 

Development (HUD), the U.S. Centers 

for Disease Control and Prevention 

(CDC), and the U.S. Environmental 

Protection Agency (EPA) to form the 

Federal Interagency Task Force on 

Problem Drywall (Task Force). 

In the course of this investigation, 

samples of problem drywall were 

analyzed for chemical content and 

emissions. CPSC staff analysis of 

chemical content and emissions from 

problem drywall determined that 

certain brands of drywall produced 

around the year 2006 contain elevated 

levels of elemental sulfur (octahedral 

sulfur, S8) and have elevated emission 

factors for hydrogen sulfide (H2S) and 

other reactive sulfur gases known to 

corrode materials containing copper and 

silver. CPSC staff’s analysis of the 

technical data also determined that the 

presence of elemental sulfur in excess of 

10 ppm in drywall is associated with 

elevated emission factors for hydrogen 

sulfide (H2S) and other reactive sulfur 

gases that are known to cause 

accelerated corrosion of copper and 

silver in homes. 

CPSC staff and HUD relied on the 

results of this analysis to develop 

guidance materials to help homeowners 

identify homes with problem drywall 

and to correct the problem by removing 

and replacing the problem drywall and 

certain other components of the home. 

These guidance documents are available 

on CPSC’s Web site.1

II. The Drywall Safety Act of 2012 

On January 14, 2013, the President 

signed the Drywall Safety Act of 2012 

(DSA) into law. Pub. L. 112–266, 126 

Stat. 2437 (2013). The DSA established 


emcdonald on DSK67QTVN1PROD with RULES