16 CFR 1605.1 - Purposes, delegation, finding and how initiated.

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§ 1605.1 Purposes, delegation, finding and how initiated.

(a) An investigation under these rules is an undertaking by the Commission to obtain information for the purposes of enforcing or determining compliance with the

Flammable Fabrics Act
( 15 U.S.C. 1191et seq.) (“FFA”); the regulations, rules, standards, and orders promulgated thereunder; and those sections of the Federal
Trade Commission Act
( 15 U.S.C. 41et seq.) (“FTCA”) which are relevant to the enforcement and administration of the
Flammable Fabrics Act
. The term investigation includes, but is not limited to inspections ( § 1605.2); investigational hearings ( § 1605.6); and inquiries, employing orders of access ( § 1605.4), subpoenas ( § 1605.5), depositions ( § 1605.7), written interrogatories ( § 1605.9), and general or special orders ( § 1605.10).

(b) An inspection as described in § 1605.2 is initiated when the Commission or its delegee authorizes the issuance of a written notice of inspection (hereinafter notice), described in § 1605.2(c). Investigations and inquiries will be initiated by the Commission in such manner as it deems proper.

(c) The Commission hereby delegates to the Associate Executive Director for Compliance and Enforcement, the Director of the Enforcement Division, the Solicitor, and the Directors of Area Offices, the power to initiate inspections in the same manner as the Commission.

(d) Finding. The Commission found on November 3, 1977 pursuant to section 30(d) of the Consumer Product

Safety Act
, as amended (“CPSA”) ( 15 U.S.C. 2079(d)) that the risk of injury associated with products regulated under the
Flammable Fabrics Act
cannot be eliminated or reduced to a sufficient extent by the issuance of procedures for investigations, inspections and inquiries under the
Flammable Fabrics Act
and the Federal
Trade Commission Act
( 15 U.S.C. 41et seq.). This finding is made to eliminate any confusion and uncertainty that may exist concerning the scope of the Commission's statutory authority under the
Flammable Fabrics Act
and Federal
Trade Commission Act
to conduct inspections and collect samples. The Commission is supplementing the authority granted to it under the FFA and FTCA with its powers under the CPSA while retaining the procedural safeguards and requirements of all of these acts. Accordingly, the Commission issues these rules pursuant to sections 16 and 27 of the CPSA ( 15 U.S.C. 2065 and 2076) and makes them applicable to products regulating under the FFA.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code