15 U.S.C. § 2823 : US Code - Section 2823: Administration and enforcement provisions

Search 15 U.S.C. § 2823 : US Code - Section 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 -
(A) 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;
(B) shall certify the results of such tests and comparisons to
the Federal Trade Commission; and
(C) shall notify the Federal Trade Commission of any failure to
post the automotive fuel rating.
(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 -

(A) minimizing the cost of field inspection and related
compliance activities; and
(B) reducing duplication of similar or related field compliance
activities performed by agencies of the United States.
(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 -
(A) a uniform method by which a person may certify to another
the automotive fuel rating of automotive fuel; and
(B) a uniform method of displaying the automotive fuel rating
of automotive fuel at the point of sale to ultimate purchasers.
(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
(B) 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).
(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 -
(A) shall consider -
(i) ease of administration and enforcement, and
(ii) industry practices in the distribution and marketing of
automotive fuel; and
(B) may permit adjustments in such automotive fuel rating to
take into account the effects of altitude, temperature, and
humidity.
(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.
(2) Rules prescribed under subsection (c)(3) of this section and
section 2822(d) of this title shall be prescribed on the record
after opportunity for an agency hearing.
(3) 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.
(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.