42 U.S.C. § 8521 : US Code - Section 8521: Minimum automobile fuel purchase measures

Search 42 U.S.C. § 8521 : US Code - Section 8521: Minimum automobile fuel purchase measures

(a) General rule
If the provisions of this subsection are made applicable under
subsection (c) of this section, no person shall purchase motor fuel
from a motor fuel retailer in any transaction for use in any
automobile or other vehicle unless -
(1) the price for the quantity purchased and placed into the
fuel tank of that vehicle equals or exceeds $5.00; or
(2) in any case in which the amount paid for the quantity of
motor fuel necessary to fill the fuel tank of that vehicle to
capacity is less than $5.00, such person pays to the retailer an
additional amount so that the total amount paid in that
transaction equals $5.00.
Any person selling motor fuel in transactions to which the
provisions of this subsection apply shall display at the point of
sale notice of such provisions in accordance with regulations
prescribed by the Secretary.
(b) $7.00 to be applicable in case of 8-cylinder vehicles
In applying subsection (a) of this section in the case of any
vehicle with an engine having 8 cylinders (or more), "$7.00" shall
be substituted for "$5.00".
(c) Applicability
(1) Unless applicable pursuant to paragraph (2), the requirements
of subsection (a) of this section shall apply in any State and
shall be administered and enforced as provided in subsection (g) of
this section only if -
(A) the Governor of that State submits a request to the
Secretary to have such requirements applicable in that State; and
(B) the attorney general of that State has found that (i)
absent a delegation of authority under a Federal law, the
Governor lacks the authority under the laws of the State to
invoke comparable requirements, (ii) under applicable State law,
the Governor and other appropriate State officers and employees
are not prevented from administering and enforcing such
requirements under a delegation of authority pursuant to Federal
law, and (iii) if implemented such requirements would not be
contrary to State law.
Subject to paragraph (2), such provisions shall cease to apply in
any State if the Governor of the State withdraws any request under
subparagraph (A).
(2) The requirements of subsection (a) of this section shall
apply in every State if there is in effect a finding by the
President that nationwide implementation of such requirements would
be appropriate and consistent with the purposes of this chapter.
(3) Such requirements shall take effect in any State beginning on
the 5th day after the Secretary or the President (as the case may
be) publishes notice in the Federal Register of the applicability
of the requirements to the State pursuant to paragraph (1) or (2).
(4) Notwithstanding any other provision of law, the authority
vested in the President under paragraph (2) may not be delegated.
(d) Exemptions
The requirements of subsection (a) of this section shall not
apply to any motorcycle or motorpowered bicycle, or to any
comparable vehicle as may be determined by the Secretary by
regulation.
(e) Adjustment of minimum levels
The Secretary may increase the $5.00 and $7.00 amounts specified
in subsections (a) and (b) of this section if the Secretary
considers it appropriate. Adjustments under this subsection shall
be only in even dollar amounts.
(f) Civil penalties
(1) Whoever violates the requirements of subsection (a) of this
section shall be subject to a civil penalty of not to exceed $100
for each violation.
(2) Any penalty under paragraph (1) may be assessed by the court
in any action under this section brought in any appropriate United
States district court or any other court of competent jurisdiction.
Except to the extent provided in paragraph (3), any such penalty
collected shall be deposited into the general fund of the United
States Treasury as miscellaneous receipts.
(3) The Secretary may enter into an agreement with the Governor
of any State under which amounts collected pursuant to this
subsection may be collected and retained by the State to the extent
necessary to cover costs incurred by that State in connection with
the administration and enforcement of the requirements of
subsection (a) of this section the authority for which is delegated
under subsection (g) of this section.
(g) Administration and enforcement delegated to States
(1) There is hereby delegated to the Governor of any State, and
other State and local officers and employees designated by the
Governor, the authority to administer and enforce, within that
State, any provision of this subchapter which is to be administered
and enforced in accordance with this section. Such authority
includes the authority to institute actions on behalf of the United
States for the imposition and collection of civil penalties under
subsection (f) of this section.
(2)(A) All delegation of authority under paragraph (1) with
respect to any State shall be considered revoked effective (i) upon
the receipt of a written waiver of authority signed by the Governor
of such State or (ii) upon a determination by the President that
such delegation should be revoked, but only to the extent of that
determination.
(B) If at any time the conditions of subsection (c)(1)(B) of this
section are no longer satisfied in any State to which a delegation
has been made under paragraph (1), the attorney general of that
State shall transmit a written statement to that effect to the
Governor of that State and to the President. Such delegation shall
be considered revoked effective upon receipt by the President of
such written statement and a determination by the President that
such conditions are no longer satisfied, but only to the extent of
that determination and consistent with such attorney general's
statement.
(C) Any revocation under subparagraph (A) or (B) shall not affect
any action or pending proceedings, administrative or civil, not
finally determined on the date of such revocation, nor any
administrative or civil action or proceeding, whether or not
pending, based on any act committed or liability incurred prior to
such revocation.
(D) The Secretary shall administer and enforce any provision of
this subchapter which has been made effective under subsection
(c)(2) of this section and for which a delegation of authority is
considered revoked under subparagraph (A).
(h) Coordination with other law
The charging and collecting of amounts referred to in subsection
(a)(2) of this section under the requirements of subsection (a) of
this section, or similar amounts collected under comparable
requirements under any State law, shall not be considered a
violation of -
(1) the Emergency Petroleum Allocation Act of 1973 (!1) [15
U.S.C. 751 et seq.] or any regulation thereunder; or
(2) any Federal or State law requiring the labeling or
disclosure of the maximum price per gallon of any fuel.