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The Commission may issue regulations to implement the provisions of this Act (not including the amendments made by sections 4 and 12). Any such regulations shall be issued in accordance with section 553 of title 5.

Subsection (a) may not be construed to authorize the Commission to establish a requirement pursuant to section 7704 (a)(5)(A) of this title to include any specific words, characters, marks, or labels in a commercial electronic mail message, or to include the identification required by section 7704 (a)(5)(A) of this title in any particular part of such a mail message (such as the subject line or body).