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

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. may conduct field testing of the automotive fuel rating of automotive fuel, comparing the tested automotive fuel rating of fuel at retail outlets with the automotive fuel rating posted at those outlets; shall certify the results of such tests and comparisons to the Federal Trade Commission; and shall notify the Federal Trade Commission of any failure to post the automotive fuel rating. minimizing the cost of field inspection and related compliance activities; and reducing duplication of similar or related field compliance activities performed by agencies of the United States. a uniform method by which a person may certify to another the automotive fuel rating of automotive fuel; and a uniform method of displaying the automotive fuel rating of automotive fuel at the point of sale to ultimate purchasers. 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 shall be considered to satisfy the requirements of section 2822(c) of this title only if such person complies with the requirements established pursuant to paragraph (1)(B). ease of administration and enforcement, and industry practices in the distribution and marketing of automotive fuel; and may permit adjustments in such automotive fuel rating to take into account the effects of altitude, temperature, and humidity. 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 ). 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. Rules prescribed under subsection (c)(3) and section 2822(d) of this title shall be prescribed on the record after opportunity for an agency hearing. Section 18 of the Federal Trade Commission Act ( 15 U.S.C. 57a ) shall not apply with respect to any rule prescribed under this subchapter. 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.