[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1021.5]

[Page 64-65]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1021--ENVIRONMENTAL REVIEW--Table of Contents
 
                           Subpart A--General
 
Sec.  1021.5  Categories of CPSC actions.

    (a) There are no CPSC actions which ordinarily produce significant 
environmental effects. Therefore, there are no actions for which an 
environmental impact statement is normally required.
    (b) The following categories of CPSC actions have the potential of 
producing environmental effects and therefore, normally require 
environmental assessments but not necessarily environmental impact 
statements:
    (1) Regulatory actions dealing with health risks.
    (2) Actions requiring the destruction or disposal of large 
quantities of products or components of products.
    (3) Construction, relocation, or major renovation of CPSC 
facilities.
    (4) Recommendations or reports to Congress on proposed legislation 
that will substantially affect the scope of CPSC authority or the use of 
CPSC resources, authorize construction or razing of facilities, or 
dislocate large numbers of employees.
    (5) Enforcement actions which result in the widespread use of 
substitute products, which may present health risks.

[[Page 65]]

    (c) The following categories of CPSC actions normally have little or 
no potential for affecting the human environment; and therefore, neither 
an environmental assessment nor an environmental impact statement is 
required. (These categories are termed ``categorical exclusions'' in the 
NEPA regulations; see Sec. Sec.  1507.3(b)(2) and 1508.4):
    (1) Rules or safety standards to provide design or performance 
requirements for products, or revision, amendment, or revocation of such 
standards.
    (2) Product certification or labeling rules.
    (3) Rules requiring poison prevention packaging of products or 
exempting products from poison prevention packaging rules.
    (4) Administrative proceedings to require individual manufacturers 
to give notice of and/or to correct, repair, replace, or refund the 
purchase price of banned or hazardous products. Other administrative 
adjudications which are primarily law enforcement proceedings.
    (5) Recommendations or reports to Congress on proposed legislation 
to amend, delete or add procedural provisions to existing CPSC statutory 
authority.
    (6) Decisions on petitions for rulemaking.
    (7) Issuance of subpoenas, general orders, and special orders.
    (d) In exceptional circumstances, actions within category in 
paragraph (c) of this section (``categorical exclusions'') may produce 
effects on the human environment. Upon a determination by the Executive 
Director that a normally excluded proposed action may have such an 
effect, an environmental assessment and a finding of no significant 
impact or an environmental impact statement shall be prepared.