[Federal Register Volume 74, Number 240 (Wednesday, December 16, 2009)]
[Notices]
[Pages 66622-66624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29946]


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CONSUMER PRODUCT SAFETY COMMISSION


Identifying Labels for Drywall Under Section 14(c) of the 
Consumer Product Safety Act; Notice of Inquiry; Request for Comments 
and Information

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of inquiry.

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SUMMARY: Section 14(c) of the Consumer Product Safety Act authorizes 
the Consumer Product Safety Commission (``Commission'' or ``CPSC'') to 
require, through rulemaking, labels for a consumer product that would 
identify the date and place of manufacture of the product, cohort 
information (batch, run number, or other identifying characteristic), 
and the manufacturer of the product. 15 U.S.C. 2063(c). This notice 
requests comments and information about such a rulemaking with regard 
to drywall.

DATES: Written comments must be received by February 16, 2010.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2009-
0105, by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
    Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.
    To ensure timely processing of comments, the Commission is no 
longer accepting comments submitted by electronic mail (e-mail) except 
through www.regulations.gov.

Written Submissions

    Submit written submissions in the following way:
    Mail/Hand Delivery/Courier (for paper, disk, or CD-ROM 
submissions), preferably in five copies, to: Office of the Secretary, 
Consumer Product Safety Commission, Room 502, 4330 East West Highway, 
Bethesda, MD 20814; telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received may be 
posted without change, including any personal identifiers, contact 
information, or other personal information provided, to http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
electronically. Such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dean W. Woodard, Director, Defect 
Investigations Division, Office of Compliance and Field Operations, 
U.S. Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814; telephone (301) 504-7651; [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    Since December of 2008, the Commission has been receiving reports 
of various problems related to drywall primarily imported from the 
People's Republic of China. The first reports came primarily from 
Florida and were related to the building boom and post-hurricane 
construction. As reports continued to come in, it became apparent that 
the drywall issue was more widespread. Currently, CPSC has received 
over 2000 incident reports from 32 States, the District of Columbia and 
Puerto Rico. The Commission has expanded its investigation to include 
both imported and domestically manufactured drywall.
    Problems described in these reports include odor, health effects 
and corrosion effects on certain metal components in the home. The most 
frequently reported health symptoms are irritated and itchy eyes and 
skin, difficulty in breathing, persistent cough, bloody noses, 
recurrent headaches, sinus infection, and asthma attacks. Many reports 
indicate that the symptoms lessen when the consumer is away from home. 
As for corrosion-related effects, consumers have reported blackened and 
corroded metals and electrical wiring in their homes and failures of 
such equipment as evaporator coils of central air conditioners. There 
have also been reports of failures of appliances such as refrigerators 
and dishwashers, and of electronic devices such as televisions and 
video game systems.
    CPSC is investigating the health effects and the potential 
electrical and fire safety issues stemming from the corrosion of metal 
equipment and components. CPSC is working with a number of state and 
federal partners in this investigation including the U.S. Environmental 
Protection Agency, U.S. Department of Housing and Urban Development, 
Centers for Disease Control, Agency for Toxic Substance and Disease 
Registry and several state departments of health and state attorneys 
general. In the course of this investigation, Commission staff has 
visited several U.S. and Chinese drywall manufacturing facilities and 
mines. CPSC staff is analyzing information received from consumers, 
builders, importers, manufacturers and suppliers of drywall to better 
determine the scope of the drywall problem. CPSC and its state and 
federal partners are conducting a number of technical studies to 
determine connections between the emissions from drywall and the 
reported health and corrosive effects.
    CPSC's investigation indicates that it is often difficult to 
determine the manufacturer and origin of drywall in homes. As further 
discussed in the next section, the investigation also indicates that 
there can be a good deal of variability in drywall depending on its 
type and origin. Being able to identify the manufacturer and origin of 
drywall could aid in investigating complaints related to drywall and 
narrow the scope of any investigation or necessary remedial action in 
the future.

[[Page 66623]]

B. The Product

    Drywall, sometimes also called gypsum board, plasterboard or 
wallboard, is a kraft paper liner wrapped around a plaster mix 
consisting primarily of gypsum. There are essentially two types of 
gypsum: Mined gypsum; and synthetic gypsum. These two types are 
sometimes combined.
    Mined gypsum is found in sedimentary rock formations among 
limestone, shale, marl and clay. Characteristics of the mined gypsum 
can vary depending on the geology in the region where it is mined or 
quarried. Nearby sulfur deposits and marine conditions may affect the 
quality of the gypsum.
    Synthetic gypsum is an alternative to natural mined gypsum. It is a 
byproduct generated from flue gas desulfurization (``FGD'') in fossil-
fueled power plants.
    There can be variability in gypsum depending on where it is mined 
and the manufacturing process employed. Gypsum mined in some areas may 
have higher levels of sulfur, strontium, carbonate, or pyrite; some of 
these chemicals could affect drywall's behavior in homes. Similarly, 
some flue gas sources may have higher or lower concentrations of these 
and other compounds.
    There are eight domestic drywall manufacturers in the United 
States, with plants spread throughout the country and North America. 
Two domestic manufacturers are ranked among the top five drywall 
producers in the global market. In 2008, the United States drywall 
production totaled an estimated 26.4 billion square feet. In 2006, the 
total domestic production of 35.0 billion square feet was not enough to 
meet demand that year. As a result, parties found themselves importing 
drywall from China and other countries to meet construction needs. In 
2006, approximately 218,100 metric tons of drywall was imported from 
China.
    The drywall manufacturing process is rather standard throughout the 
industry. To make drywall, the raw gypsum (whether mined, FGD or a 
combination) is dehydrated (sometimes called ``calcined''), typically 
with natural gas. A slurry is made consisting of gypsum and additives 
such as fiber (typically paper and/or fiberglass), plasticizer, foaming 
agent, potash as an accelerator, water, ethylenediaminetetra acetic 
acid or other chelate as a retarder. The additives are based on whether 
the drywall is to be standard, fire resistant, or mildew or water 
resistant. The slurry is fed between continuous layers of paper on a 
board machine. As the board moves down a conveyer line, the mixture 
hardens. The paper becomes bonded to the solid slurry mix. The board is 
then cut to requested lengths and conveyed through dryers to remove any 
free moisture. The lengths and thickness of the board vary depending on 
the typical building code or usage requirements.
    At a certain point along the conveyer line, most domestic 
manufacturers mark the board with a stamp which may include the company 
name, logo, brand name, plant location, production date, and time. 
However, this practice is not standard for every drywall manufacturer 
in the global marketplace.

C. Need for Better Identification of Drywall

    CPSC's investigation has shown that building supply companies often 
stock drywall based on purpose, type, length and thickness, rather than 
brand name. Therefore, various drywall brands could be sold to fill a 
single construction project order. Since construction customers 
generally do not inventory drywall based on brand or country of origin 
it makes identifying the source/manufacturer of the drywall difficult 
once the product is installed.
    In the course of its investigation, CPSC staff has found that 
drywall often lacks any marks on its face or backing identifying the 
manufacturer or the production batch or lot. Identifying markings on 
the drywall could help consumers and investigators to isolate the 
source of drywall problems in the future. Being able to identify the 
brand and lot or batch could further narrow the focus of an 
investigation to discrete sets of drywall. The majority of imported 
drywall has little or no markings at all on its face. Most domestic 
drywall has markings that identify the manufacturer. Any markings that 
are present on domestic or imported drywall whether on the board or 
tape are inconsistent as to both content and placement. Most drywall is 
sealed on the ends with tape that displays a brand name or 
manufacturer's name. During the installation process, however, that 
tape is often removed.

D. Statutory Authority

    Section 14(c) of the CPSA authorizes the Commission to issue a rule 
requiring labels (and prescribing their form and content) containing 
source information, such as date and place of manufacture of a consumer 
product, cohort information (including batch, run number or other 
identifying characteristic), and identification of the manufacturer or 
private labeler. 15 U.S.C. 2063(c).
    Section 14(c) allows the Commission, where practicable, to require 
that the identifying labels be permanently marked or affixed to the 
product. Id. Such an identifying permanent mark would be consistent 
with section 103 of the Consumer Product Safety Improvement Act, 
entitled ``Tracking Labels for Children's Products,'' which requires 
``permanent distinguishing marks'' stating certain identifying 
information on children's products and their packaging. Section 14(c) 
of the CPSA also authorizes the Commission to permit information about 
the date and place of manufacture and cohort information to be coded. 
15 U.S.C. 2063(c).
    The Commission is considering a rulemaking that would require 
manufacturers of drywall to label/mark their products to identify (1) 
The name of the manufacturer; (2) the plant name and location; (3) the 
source material (i.e., natural gypsum, synthetic gypsum or a mixture); 
(4) a code to identify the mine or power plant that supplied the 
gypsum; (5) the date of manufacture of the drywall; and (6) the batch 
or lot number.
    The Commission requests comments on such a requirement and on the 
specific issues mentioned in the following section. If the Commission 
were to initiate such a rulemaking, it would do so with the issuance of 
a notice of proposed rulemaking.

E. Request for Comments

    The Commission requests comments on the possibility of initiating a 
rulemaking proceeding to require identifying labels on drywall. 
Specifically, the Commission requests comments and information on the 
following specific issues:
    1. What labeling or markings are companies currently providing on 
drywall?
    2. What would be the cost impact if the Commission were to require 
identifying labels/markings of the type discussed in this notice on 
drywall?
    3. What, if any, other identifying information should be required?
    4. Should there be a uniform format for the labels/markings, and if 
so, what should it be?
    5. How can CPSC assure that the identifying label/marking is 
accessible after the drywall is installed?
    6. What would the impact be on industry of requiring identifying 
information to be printed on both faces of the drywall in two 
horizontal ribbons parallel to the longitudinal axis with a

[[Page 66624]]

frequency that is a non-integer of 16 inches?
    7. If the Commission were to define `drywall' for tracking labels, 
or other purposes, what should such a definition include?
    8. With what specificity should drywall manufacturers identify the 
`date of manufacture,' and why?

    Dated: December 9, 2009.
Todd Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. E9-29946 Filed 12-15-09; 8:45 am]
BILLING CODE 6355-01-P