§ 2823. — Administration and enforcement provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2823]
TITLE 15--COMMERCE AND TRADE
CHAPTER 55--PETROLEUM MARKETING PRACTICES
SUBCHAPTER II--OCTANE DISCLOSURE
Sec. 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.
(Pub. L. 95-297, title II, Sec. 203, June 19, 1978, 92 Stat. 335; Pub.
L. 102-486, title XV, Secs. 1501(c)(3), 1502(b), (c), Oct. 24, 1992, 106
Stat. 2997, 2998.)
References in Text
The Federal Trade Commission Act, referred to in subsecs. (a) and
(e), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
classified generally to subchapter I (Sec. 41 et seq.) of chapter 2 of
this title. For complete classification of this Act to the Code, see
section 58 of this title and Tables.
Amendments
1992--Subsec. (b)(1). Pub. L. 102-486, Sec. 1502(c), struck out
``shall'' after ``Agency'' in introductory provisions, inserted ``may''
before ``conduct'' in subpar. (A), inserted ``shall'' before ``certify''
in subpar. (B), and in subpar. (C) inserted ``shall'' before ``notify''
and struck out before period at end ``discovered in the course of such
field testing''.
Pub. L. 102-486, Sec. 1501(c)(3)(A), (B), substituted ``automotive
fuel rating'' for ``octane rating'' and ``fuel'' for ``gasoline''
wherever appearing.
Subsec. (c). Pub. L. 102-486, Sec. 1501(c)(3), substituted
``automotive fuel rating'' for ``octane rating'' and ``fuel'' for
``gasoline'' wherever appearing, ``section 2821'' for ``section
2821(1)'' in par. (3), and ``automotive fuel ratings'' for ``octane
ratings'' in par. (4).
Subsec. (e). Pub. L. 102-586, Sec. 1502(b), struck out before end of
second sentence ``; except that for purposes of section 5(m)(1)(A) of
such Act, the term `or knowledge fairly implied on the basis of
objective circumstances' shall not apply to any violation by any
gasoline retailer of the requirements of section 2822(c) or (e) of this
title''.
Effective Date of 1992 Amendment
Amendment by section 1501(c)(3) of Pub. L. 102-486 effective at the
end of the one-year period beginning Oct. 24, 1992, see section
1501(d)(1) of Pub. L. 102-486, set out as a note under section 2821 of
this title.
Effective Date
Subsec. (b) of this section effective on first day of first calendar
month beginning more than 6 months after June 19, 1978, see section
205(a) of Pub. L. 95-297, set out as a note under section 2822 of this
title.
Section Referred to in Other Sections
This section is referred to in section 2821 of this title.
