; or (B) a tool that is not commonly available that is made available to owners or independent repair providers by the OEM on fair and reasonable terms. 4. Enforcement (a) Unfair or deceptive acts or practices A violation of section 3 or a regulation promulgated under this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (b) Powers of the Commission (1) In general The Commission shall enforce this Act and any regulations promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (2) Privileges and immunities Any person who violates section 3 or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (3) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. 5. Rulemaking (a) In general The Commission shall promulgate rules as may be necessary to carry out this Act in accordance with section 553 of title 5, United States Code. (b) Clean Air Act The Commission shall promulgate rules that are consistent with the Clean Air Act ( 42 U.S.C. 7401 et seq. ) and any related regulation, including section 1068.101(b)(1) of title 40, Code of Federal Regulations, and section 1068.101(b)(6) of such title. 6. Limitations Nothing in this Act may be construed— (1) to require an OEM to divulge trade secrets to an owner or an independent service provider, except as necessary to provide access to any necessary repair material or process on fair and reasonable terms