15 U.S.C. § 2823 — Administration and enforcement provisions

(a) The Federal Trade Commission has procedural, investigative, and enforcement powers under this subchapter. This includes the power to issue procedural rules to enforce this subchapter and rules made under it, to further define terms used in this subchapter, and to require reports, documents, and witnesses. These powers apply as though the relevant terms and conditions of the Federal Trade Commission Act were part of this subchapter. This section does not define the term "automotive fuel rating." (b) (1) The Environmental Protection Agency— (A) may test the "automotive fuel rating" of automotive fuel in the field. It may compare the rating it tests with the rating posted at retail outlets; (B) must certify the results of those tests and comparisons to the Federal Trade Commission; and (C) must notify the Federal Trade Commission if the "automotive fuel rating" was not posted. (2) The Federal Trade Commission may enter into interagency agreements with the Environmental Protection Agency and other United States agencies that it considers appropriate. The purpose of these agreements is to enforce this subchapter in a way that is consistent with— (A) minimizing the cost of field inspections and related compliance activities; and (B) reducing duplication of similar or related field compliance activities performed by United States agencies. (c) (1) No later than 6 months after June 19, 1978, the Federal Trade Commission must issue and put into effect rules prescribing— (A) one uniform method for a person to certify the "automotive fuel rating" of automotive fuel to another person; and (B) one uniform method for displaying the "automotive fuel rating" of automotive fuel where it is sold to ultimate purchasers. (2) Starting on the effective date of the rule under paragraph (1)— (A) a person satisfies the requirement of section 2822(a) or (b) of this title, as applicable, only if the person follows the requirement established under paragraph (1)(A); and (B) a person satisfies the requirement of section 2822(c) of this title only if the person follows the requirement established under paragraph (1)(B). (3) The Federal Trade Commission may issue rules prescribing procedures for determining an "automotive fuel rating" that differs from the rating prescribed in section 2821 of this title. When issuing such a rule, the Commission— (A) must consider— (i) how easy the procedure will be to administer and enforce; and (ii) the practices used by the industry to distribute and market automotive fuel; and (B) may allow adjustments to the "automotive fuel rating" to account for the effects of altitude, temperature, and humidity. (4) The Federal Trade Commission may issue and put into effect a rule prescribing a method for determining the "automotive fuel rating" of automotive fuel made by blending two or more quantities of automotive fuel with different "automotive fuel ratings." The Commission may do this only if it finds that the prescribed method reflects the "automotive fuel rating" of the blend more accurately than the weighted-average method in section 2822(f)(1) of this title. Starting on the effective date of that rule, a person satisfies section 2822(f)(1) of this title only by using the method in the rule instead of the method in section 2822(f)(1). This section does not define the term "automotive fuel rating." (d) (1) Except as paragraph (2) provides, rules under this subchapter must be issued under section 553 of title 5. But interested people must have an opportunity to submit written and oral data, views, and arguments about any proposed rule. (2) Rules under subsection (c)(3) and section 2822(d) of this title must be issued on the record after an opportunity for a hearing before an agency. (3) Section 18 of the Federal Trade Commission Act does not apply to a rule issued under this subchapter. (e) It is an unfair or deceptive act or practice in or affecting commerce, as that phrase is used in section 5(a)(1) of the Federal Trade Commission Act, for any person to violate section 2822(a), (b), (c), or (e) of this title, or a rule issued under section 2822(d) of this title. For purposes of the Federal Trade Commission Act, including any remedy or penalty that applies to a violation of that Act, such a violation is treated as a violation of a rule under that Act concerning unfair or deceptive acts or practices.