Act ( 15 U.S.C. 56(a) ), the Commission shall have the exclusive authority to commence or defend, and supervise the litigation of, any action for a violation of this Act or a regulation promulgated under this Act and any appeal of such action in its own name by any of its attorneys designated by it for such purpose, without first referring the matter to the Attorney General. (3) Rulemaking authority (A) In general The Commission shall have authority under section 553 of title 5, United States Code, to promulgate any regulations necessary to implement this Act. (B) Consultation In promulgating any regulations under this Act, the Commission shall consult with the Secretary. (4) Common carriers and nonprofit organizations Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44