[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: 16CFR1021.9]

[Page 65-66]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1021_ENVIRONMENTAL REVIEW--Table of Contents
 
                          Subpart B_Procedures
 
Sec.  1021.9  Public participation, notice, and comment.

    (a) Information and comments are solicited from and provided to the 
public on anticipated environmental effects of CPSC actions as follows:
    (1) Promptly after a decision is made to prepare a draft EIS, a 
notice of intent to prepare the draft EIS shall be published in the CPSC 
Public Calendar and in the Federal Register. The notice shall state the 
nature of the proposed action and available alternatives and shall 
describe the planned scoping process. The notice shall solicit 
information and comment by other governmental agencies and the public.
    (2) As soon as practicable after a finding of no significant impact 
is completed, a copy of the finding together with the environmental 
assessment report shall be forwarded to the Office of the Secretary of 
the Commission to be made available to the public. Any information and 
comments received from the public on the documents will be considered 
and will accompany the documents throughout the CPSC decisionmaking 
process, but comments will not ordinarily be answered individually.
    (3)(i) Upon completion of a draft EIS, a notice of its availability 
for comment should be published in the CPSC Public Calendar and in the 
Federal Register. Copies of the draft EIS shall be filed with the 
Environmental Protection Agency (EPA) in accordance with Sec.  1506.9 of 
the NEPA regulations. The length of the comment period on the draft EIS 
shall be stated in the notice of availability and on the cover of the 
draft EIS. The comment period, in accordance with Sec.  1506.10 of the 
NEPA regulations, shall be a minimum of 45 days from the date the notice 
of receipt of the draft EIS is published in the Federal Register by EPA. 
It should also be stated in the CPSC notice that comments received 
during the comment period will be addressed in the final EIS, whereas 
late comments will be considered to the extent practicable, and that all 
comments will be appended to the final EIS.
    (ii) Copies of the draft EIS shall be sent to public and private 
organizations known by CPSC to have special

[[Page 66]]

expertise with respect to the environmental effects involved, those who 
are known to have an interest in the action, and those who request an 
opportunity to comment. Also, copies shall be circulated for comment to 
Federal, State, and local agencies with jurisdiction by law and special 
expertise with respect to environmental effects involved. Part 1503 of 
the NEPA regulations shall be consulted for further details of this 
procedure.
    (iii) Draft EIS's shall be available to the public in the Office of 
the Secretary at Commission headquarters.
    (4) Upon completion of a final EIS, a notice of its availability in 
the Office of the Secretary, shall be published in the CPSC Public 
Calendar and if deemed appropriate, in the Federal Register. Copies of 
the final EIS shall be forwarded to EPA and one copy shall be sent to 
each entity or person who commented on the draft EIS.
    (5) A list of EIS's under preparation and of EIS's or findings of no 
significant impact and environmental assessments completed shall be 
available to the public in the Office of the Secretary, at Commission 
headquarters. The list shall be continuously updated.
    (6) In addition to publication in the CPSC Public Calendar and the 
Federal Register, notices called for by this section may also be 
publicized through press releases or local newspapers, whenever 
appropriate.