§ 2823. Administration and enforcement provisions
(a)
Procedural, investigative, and enforcement powers of Federal Trade Commission
The Federal Trade Commission shall have procedural, investigative, and enforcement powers, including the power to issue procedural rules in enforcing compliance with the requirements of this subchapter and rules prescribed pursuant to the requirements of this subchapter, to further define terms used in this subchapter, and to require the filing of reports, the production of documents, and the appearance of witnesses, as though the applicable terms and conditions of the Federal Trade Commission Act [15 U.S.C. 41 et seq.] were part of this subchapter.
(b)
Testing, certification, and notice requirements of Environmental Protection Agency; interagency enforcement agreements between Federal Trade Commission and Environmental Protection Agency and other Federal agencies
(1)
The Environmental Protection Agency—
(2)
The Federal Trade Commission may enter into interagency agreements with the Environmental Protection Agency and such other agencies of the United States as the Commission determines appropriate for the purpose of assuring enforcement of the provisions of this subchapter in a manner which is consistent with—
(c)
Promulgation of rules by Federal Trade Commission; contents; requirements for compliance with rules
(1)
Not later than 6 months after June 19, 1978, the Federal Trade Commission shall, by rule, prescribe and make effective—
(2)
Effective on and after the effective date of the rule prescribed under paragraph (1), any person—
(A)
shall be considered to satisfy the requirements of subsection (a) or (b) of section
2822 of this title, as the case may be, only if such person complies with the requirements established pursuant to paragraph (1)(A); and
(3)
The Federal Trade Commission may, by rule, prescribe procedures for determination of the automotive fuel rating of automotive fuel which varies from that prescribed in section
2821 of this title. In prescribing such rule, the Commission—
(4)
The Federal Trade Commission may, by rule, prescribe and make effective a method of determining the automotive fuel rating of automotive fuel which consists of a blend of two or more quantities of automotive fuel of different automotive fuel ratings if the Federal Trade Commission finds that the method prescribed more accurately reflects the automotive fuel rating of such blend than the weighted-average method set forth in section
2822
(f)(1) of this title. Effective on and after the effective date of such rule, any person shall be considered to satisfy the requirements of section
2822
(f)(1) of this title only if such person utilizes the method prescribed in such rule (in lieu of the method set forth in section
2822
(f)(1) of this title).
(d)
Statutory provisions applicable for promulgation of rules
(1)
Except as provided in paragraph (2), rules under this subchapter shall be prescribed in accordance with section
553 of title
5, except that interested persons shall be afforded an opportunity to present written and oral data, views, and arguments with respect to any proposed rule.
(e)
Acts or practices constituting violations
It shall be an unfair or deceptive act or practice in or affecting commerce (within the meaning of section 5(a)(1) of the Federal Trade Commission Act [15 U.S.C. 45
(a)(1)]) for any person to violate subsection (a), (b), (c), or (e) of section
2822 of this title, or a rule prescribed under subsection (d) of section
2822 of this title. For purposes of the Federal Trade Commission Act [15 U.S.C. 41 et seq.] (including any remedy or penalty applicable to any violation thereof) such a violation shall be treated as a violation of a rule under such Act respecting unfair or deceptive acts or practices.