[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1021.7]

[Page 64-65]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1021_ENVIRONMENTAL REVIEW--Table of Contents
 
                          Subpart B_Procedures
 
Sec.  1021.7  Coordination of environmental review with CPSC procedures.

    (a) The Commission shall consider all relevant environmental 
documents in evaluating proposals for Commission action. The preparation 
and completion of assessments and statements required by this part shall 
be scheduled to assure that available environmental information is 
before the Commission at all appropriate stages of development of CPSC 
actions along with technical and economic information otherwise 
required. The range of alternatives discussed in appropriate 
environmental documents shall be encompassed by the range of 
alternatives considered by the Commission for an action.
    (b) An environmental assessment on a proposed rulemaking action 
requiring environmental review shall be available to the commission 
before the Commission votes on a proposed rule, and its alternatives. If 
the Executive Director determines that an EIS is needed, the draft EIS 
shall normally be before the Commission at the time it votes to publish 
a proposed rule. A final EIS shall be before the Commission when it 
considers final action on a proposed rule. Relevant environmental 
documents shall accompany the proposed rulemaking action throughout the 
Commission's decisionmaking process.
    (c) Draft EISs or findings of no significant impact together with 
environmental assessments shall be made available to the public for 
comment at the time of publication in the Federal Register of CPSC 
proposals for regulatory action requiring environmental review or 
promptly thereafter. Pursuant to Sec.  1506.10 of the NEPA regulations, 
no decision on a proposed action shall be made by the Commission until 
the later of 90 days after the Environmental Protection Agency (EPA) has 
published a notice announcing receipt of the draft EIS or 30 days after 
EPA announces receipt of the final EIS. These time periods may run 
concurrently. In addition, with regard to rulemaking for the purpose of 
protecting the public health and safety, the Commission may waive the 30 
day period and publish a decision on a final rule

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simultaneously with publication by EPA of the notice of availability.
    (d) Whenever the Commission decides to solicit offers by an outside 
person or organization to develop a proposed consumer product safety 
standard in accordance with section 7 of the Consumer Product Safety Act 
(15 U.S.C. 2056) and the Executive Director has determined that 
environmental review is needed, the Executive Director shall recommend 
to the Commission whether the ``offeror'' should perform an 
environmental assessment during development of the proposed standard. In 
making this recommendation, the Executive Director shall take into 
account the resources of the ``offeror'', including the expertise and 
money available to it. If the Commission decides that the ``offeror'' 
should perform an assessment, the agreement between the Commission and 
the offeror shall so provide. CPSC, however, shall independently 
evaluate any assessment prepared and shall take responsibility for the 
scope and content of the assessment.
    (e) CPSC adjudications are primarily law enforcement proceedings and 
therefore are not agency actions within the meaning of NEPA. (See Sec.  
1508.18(8) of the NEPA regulations.) However, in CPSC formal rulemaking 
proceedings, all available environmental information, including any 
supplements to a draft or final EIS, shall be filed in the Office of the 
Secretary and shall be made part of the formal record of the proceeding.