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The statute, specifically 15 U.S.C. 1261(q)(1)(B), 1262(a), and 1262(e), instructs the CPSC to make findings and determinations regarding hazardous substances, toy safety, and labeling requirements. These are specific regulatory tasks, even if open-ended terms are used. The regulation (16 CFR Part 1502) outlines the procedure for formal evidentiary public hearings related to actions taken under these specific statutory sections.

16 CFR Part 1502 directly references 15 U.S.C. 1261(q)(1)(B), 1262(a), and 1262(e) in its “Authority” section. These sections of the US Code are explicitly used as the basis for the regulations, indicating a directly mandated relationship.

Section 1261(f)(1)(D) explicitly directs the Commission to determine whether toys present electrical, mechanical, or thermal hazards, which then triggers regulatory action. This is a specific task assigned to the agency, not just broad authority to regulate. While the terms used, such as “electrical, mechanical, or thermal hazard,” are somewhat open-ended, they still delineate the specific type of hazard the CPSC should address, fitting within Hickman’s definition of “Specific Authority Delegations.”

15 U.S.C. 1261(f)(1)(D) specifically references section 1262(e) of the same title, which tasks the Commission with determining if a toy presents an electrical, mechanical, or thermal hazard. The regulation, 16 CFR Part 1505, provides requirements for electrically operated toys, thus it is directly mandated by the statute.

The statute 15 U.S.C. § 1261(q)(1) gives the Commission authority, by regulation, to provide for the labeling of, common fireworks and also to classify hazardous substances intended, or packaged in a form suitable, for use in the household, which the Commission by regulation classifies as a “banned hazardous substance”.

The regulation 16 CFR Part 1507 (Fireworks Devices) explicitly cites 15 U.S.C. 1261-1262 as its authority, indicating a direct mandate from the statute to regulate fireworks devices.

The statute directly instructs the agency (CPSC) on specific regulatory tasks, such as determining whether a toy or article presents an electrical, mechanical, or thermal hazard (section 1262(e) referenced by 1261(f)(1)(D)) and classifying substances as banned hazardous substances (section 1261(q)). The regulation addresses this task directly by setting requirements for rattles to prevent mechanical hazards and ingestion of small parts.

The regulation 16 CFR Part 1510 explicitly cites sections 2(f)(1)(D) and 2(q)(1)(A) and 2(s) of 15 U.S. Code § 1261 as the source of its authority, indicating a directly mandated relationship. These sections authorize the Commission to regulate toys and other articles intended for use by children and classify banned hazardous substances based on identified hazards.

The statute delegates authority to the Consumer Product Safety Commission (CPSC) to define terms such as “extremely flammable,” “flammable,” and “combustible” through regulations. Section 1262 goes further in tasking the agency with the creation of regulations, therefore this delegation is properly categorized as specific.

The regulation (16 CFR Part 1016) directly relates to the statute (15 U.S.C. 1261-74) as the authority section of the regulation explicitly lists the statute, among others, as its basis. This means the regulation is at least directly mandated or authorized, and the regulation’s function is to provide procedures for information disclosure related to the FHSA.

The statute grants the Commission the authority to determine which substances and articles are hazardous and to classify substances as banned hazardous substances and to define terms such as “extremely flammable,” “flammable,” and “combustible”. This is a clear instruction on a specific regulatory task, and therefore falls under the specific authority delegation.

The regulation, 16 CFR Part 1031, concerns the CPSC’s participation in voluntary standards activities. The statute, 15 U.S.C. § 1261, defines terms for the Federal Hazardous Substances Act. The statute authorizes the CPSC to regulate hazardous substances, and engaging in voluntary standards activities would be a tool the agency could use. Therefore, the relationship is authorized but not mandated.

While § 1261 itself primarily defines terms, it contains specific instructions for the Consumer Product Safety Commission (formerly the Secretary of Health, Education, and Welfare). For instance, § 1261(f)(1)(B) tasks the Commission with determining which substances meet the requirements of subparagraph (1)(A) through regulation, and § 1261(l)(1) instructs the Commission to define terms related to flammability through regulation. These are not just broad grants of authority, but instructions to address specific regulatory gaps by defining terms like ‘extremely flammable’, ‘flammable’, and ‘combustible’. Other parts of the section also refer to regulations the commission must enact.

15 U.S.C. § 1261 provides definitions for terms used “For the purposes of this chapter,” meaning that the statute directly mandates the regulations that the chapter pertains to.

While the statute provides definitions, some include explicit instructions to the agency about what to regulate and how. Subsection (l)(1) states that “The terms ‘extremely flammable’, ‘flammable’, and ‘combustible’ as applied to any substance, liquid, solid, or the content of a self-pressurized container shall be defined by regulations issued by the Commission” which falls under the Specific Authority delegations. The test methods for flammability and combustibility characteristics are also to be specified in regulations issued by the Commission. These explicitly instruct the agency on the specific tasks, even if open-ended.

The statute defines terms that trigger regulatory requirements. Regulations are authorized to further define “hazardous substance” and other related terms, but not mandated. For example, subsection (f)(1)(B) states “Any substances which the Commission by regulation finds, pursuant to the provisions of section 1262(a) of this title, meet the requirements of subparagraph (1)(A) of this paragraph” are considered hazardous substances. This grants the CPSC the authority to define further what falls under this section.

While § 1261 is primarily a definitions section, it contains several instances where the Commission is explicitly instructed to take regulatory action. For example, (f)(1)(B) directs the Commission to find, by regulation, substances that meet certain hazard criteria. Similarly, (l)(1) mandates the Commission to define by regulations the terms “extremely flammable,” “flammable,” and “combustible.” (f)(1)(D) directs the Commission to determine, by regulation, whether toys present an electrical, mechanical, or thermal hazard. This is not a broad delegation of authority, but rather a set of specific directives to establish regulations pertaining to particular aspects of hazardous substances and their characteristics and banning of hazardous substances, thus falling under Specific Authority.

The statute 15 U.S. Code § 1261 provides definitions for terms used throughout the Federal Hazardous Substances Act. Several subsections within this statute, such as (f)(1)(B), (C), (D), (l)(1), and (q)(1), directly mandate the Commission to issue regulations based on specific findings. These provisions instruct the agency to define terms, determine hazard levels, classify substances, and potentially ban hazardous substances through regulation, thereby directly mandating regulatory action.

The statute explicitly addresses the manufacture, sale, and possession of switchblade knives, thereby authorizing an agency (Customs and Border Protection, in this case) to regulate their importation, falling under the “Specific Authority Delegations” category.

15 U.S. Code §§ 1241-1245 grants authority to define and regulate switchblade knives, including their importation. 19 CFR §§ 12.95-12.103 regulates the import of switchblade knives, which is authorized by the statute. The statute does not directly mandate specific regulations but authorizes their creation.

15 U.S.C. § 1244 specifically defines exceptions to the restrictions on switchblade knives. This directly instructs the CBP to create regulations about what defines a switchblade knife, how they should treat specific exceptions, and enforcement procedures related to the exceptions laid out.

The statute 15 U.S.C. § 1244 defines explicit exceptions to the general prohibitions established by 15 U.S.C. § 1242 and § 1243, which directly relate to the importation of switchblade knives. These exceptions are then implemented and further defined by 19 CFR §§ 12.95 – 12.103, with §12.98 directly referencing statutory exceptions, creating a directly mandated relationship.

The statute specifically identifies a regulatory task (prohibition and regulation of ballistic knives) and provides clear instructions for its implementation. While the term “appropriate” isn’t explicitly used, the specific nature of the prohibition and the connection to enforcement provisions indicates a specific authority delegation.

15 U.S. Code § 1245 directly relates to 19 CFR §§ 12.95 – 12.103 because the statute prohibits the possession, manufacture, sale, or importation of ballistic knives, and the regulation specifically addresses the importation of switchblade knives, with §12.97 explicitly discussing “Importations contrary to law.” Section 1245 gives the CBP the power to enforce the provisions regarding ballistic knives.

Although 15 U.S.C. 1261 is a definitions section, it specifically lays the ground work for many regulatory actions the CPSC must take. Subsections F, K, L, P and Q, each authorize the comission to take specific actions that are defined under those headings. Section L.1 specifically, commands the commission to define key terms that are essential for implementing the statute. The agency is clearly instructed on specific regulatory tasks, making it a specific authority delegation under Hickman’s framework.

16 CFR Part 1011 explicitly cites 15 U.S.C. 1261-74 as its authority. This means that the regulation is directly mandated by the statute.

While the statute is a definitional section, it also provides the agency (CPSC) with authority to issue regulations to further define “hazardous substances”, including flammability characteristics and to classify certain hazardous substances. Subsection (f)(1)(B), (C) and (D), specifically instruct the agency on a specific regulatory task or gap.

The statute, 15 U.S.C. § 1261, defines terms used in the Federal Hazardous Substances Act and authorizes the Consumer Product Safety Commission (CPSC) to further define some of these terms, identify hazardous substances, and classify substances as banned. This is an authorization, but not a direct mandate to create particular regulations. Specifically, subsection (f)(1)(B), (C), (D) allow the Commission to create regulations for specific items, while subsection (l)(1) instructs it to define terms by regulation.

While 15 U.S.C. § 1204 doesn’t delegate rulemaking authority, it specifically instructs the CPSC on the task of transmitting the flammability regulations promulgated under section 1193 to Congress. This can be considered a “specific regulatory task” since the regulation’s implementation is linked to congressional review.

The statute, 15 U.S.C. § 1204, directly mandates that the Consumer Product Safety Commission (CPSC) transmit flammability regulations promulgated under 15 U.S.C. § 1193 to Congress. The statute also specifies a procedure for congressional disapproval, directly impacting the regulation’s effectiveness.

The statute directs the CPSC to address a specific regulatory task – setting safety standards for refrigerator door opening mechanisms. It doesn’t simply give them broad authority over consumer products, but rather directs them to a particular area for regulation. The statute clearly identifies a gap (or problem), namely, the ability to open refrigerator doors from the inside and explicitly instructs the agency to create safety standards to address this gap.

The statute mandates that the Consumer Product Safety Commission “shall prescribe and publish” standards for refrigerator door opening mechanisms. Therefore, the regulation is directly mandated by the statute.

The statute directs the Secretary of Transportation to issue regulations ensuring that the labeling requirements under subsections (g) and (h) of 15 U.S.C. 1232 are implemented. This is a specific regulatory task assigned to the agency, concerning safety rating labels on automobiles.

The statute, specifically subsections (g) and (h) of 15 U.S.C. § 1232, added by Pub. L. 109-59, title X, § 10307(a), and the Statutory Notes and Related Subsidiaries section, specifically Pub. L. 109-59, title X, § 10307(b), directly mandates the Secretary of Transportation to issue regulations implementing the labeling requirements outlined in those subsections. The regulation, 49 CFR Part 575, is explicitly cited as being authorized by 15 U.S.C. 1232(g).

The statute creates a specific regulatory task by defining “switchblade knife,” thereby instructing the agency on what to regulate.

19 CFR §§ 12.95 through 12.103 are issued under 15 U.S.C. §§ 1241-1245. This means the statute directly mandates the regulation.

The statute 15 U.S.C. §§ 1241-1245 provides a clear, although broad, instruction regarding the regulation of switchblade knives in interstate and foreign commerce. This is implemented by the regulation 19 CFR §§ 12.95-12.103 that provides definitions, exceptions, procedures for entry, and enforcement related to switchblade knives.

The statute prohibits certain actions related to switchblade knives and authorizes, but does not mandate, the CBP to regulate the importation of these items. The regulation (19 CFR §§ 12.95-12.103) specifically addresses the definitions, exceptions, procedures for entry, and enforcement related to switchblade knives, which is authorized by the statute.

While 15 U.S.C. § 1201 mandates studies and research, it doesn’t specifically instruct the CPSC to create regulations regarding the disclosure of information under FOIA. The authority to create such regulations would stem from broader grants of rulemaking authority, likely found in the statutes referenced in the regulation’s Authority section (e.g., 15 U.S.C. 2051-2084, which includes provisions of the Consumer Product Safety Act). Therefore, even though the regulation facilitates transparency related to the studies mandated, the delegation for this specific type of regulation is more general.

The statute directs the CPSC to conduct studies and research. The regulation concerns procedures for disclosure of information under FOIA. While related because the information gathered from studies might be subject to FOIA requests, the statute neither mandates nor explicitly authorizes the specific procedures outlined in the regulation. The statute provides the basis for the CPSC’s activity, and the FOIA regulation provides the mechanism for public access to related information, but it’s an indirect relationship.

15 U.S.C. § 1202 specifically instructs the Commission on a regulatory task: managing exemptions for exported or imported fabrics and related materials that may not conform to flammability standards. The statute uses terms requiring agency interpretation (e.g., “unreasonable risk of injury”), which falls within the scope of a specific authority delegation.

15 U.S.C. § 1202 gives the Commission authority to determine whether to exempt exports/imports from certain regulations under specific conditions. This implies the authority to create regulations regarding these exemptions, but doesn’t explicitly mandate it.

Subsection (c) specifically directs the Commission to require certain information and notify foreign governments, setting out specific parameters for its rulemaking. Subsection (d) authorizes the commission to prohibit exports. This is not a general grant of authority to regulate flammability, but a directed task related to exports.

The statute explicitly authorizes the Commission to issue regulations pertaining to the information required in the statement of exportation in subsection (c) (“shall contain such other information as the Commission may by regulation require”). While the statute doesn’t mandate specific regulations beyond this, it grants the authority to create them. Subsection (d) also provides authority to prohibit exports under certain conditions.

The statute explicitly instructs the Commission on a specific regulatory task: granting exemptions to state flammability standards under defined conditions (higher protection, no undue burden on interstate commerce). The statute includes specific criteria for the agency to consider like “technological and economic feasibility,” the “cost of complying,” the “geographic distribution,” etc. The agency’s discretion is somewhat constrained by the listed requirements for granting an exemption.

15 U.S.C. § 1203(c) authorizes, but does not mandate, the Commission to promulgate regulations concerning exemptions to federal flammability standards. The statute states the Commission “may, by regulation… exempt” state standards under certain conditions, indicating permissive authority rather than a requirement to regulate.

Subsection (c) specifically authorizes the Commission to create regulations for exemptions from federal preemption, setting forth specific conditions and factors the commission must consider. The statute sets out requirements such as finding the state regulation provides a significantly higher degree of protection and does not unduly burden interstate commerce. It also instructs the Commission on how to determine if it unduly burdens interstate commerce by listing what to consider.

15 U.S.C. § 1203(c) explicitly states that the Commission “may, by regulation promulgated in accordance with paragraph (2), exempt from subsection (a), under such conditions as may be prescribed in such regulation, any flammability standard or other regulation of such State or political subdivision…” This directly mandates the agency to promulgate regulations for exemption processes.

While 15 U.S.C. § 1196 specifies the penalties for violations, it does not dictate the factors the agency must consider when imposing those penalties. The statute grants the agency (implicitly the CPSC) broad authority to enforce penalties but offers no specific direction on what factors to assess when deciding the level and appropriateness of such penalties. The agency is left to determine, through rulemaking, what factors are relevant, making the delegation general.

15 U.S.C. § 1196 outlines the penalties for violating specific sections within Title 15, which include §§ 1192, 1197(b), and 1202(c). 16 CFR Part 1119 establishes the factors that the agency, presumably the CPSC, considers when determining civil penalties. Because 15 U.S.C. § 1196 specifies penalties and 16 CFR Part 1119 lists the factors to be considered when applying these penalties, the statute authorizes the regulation, but does not directly mandate it. The agency has discretion in how it implements and enforces these penalties.