
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8521]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 93--EMERGENCY ENERGY CONSERVATION
 
         SUBCHAPTER II--OTHER AUTOMOBILE FUEL PURCHASE MEASURES
 
Sec. 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
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    \1\ See References in Text note below.
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        (2) any Federal or State law requiring the labeling or 
    disclosure of the maximum price per gallon of any fuel.

(Pub. L. 96-102, title II, Sec. 221, Nov. 5, 1979, 93 Stat. 765.)

                       References in Text

    The Emergency Petroleum Allocation Act of 1973, referred to in 
subsec. (h)(1), is Pub. L. 93-159, Nov. 27, 1973, 87 Stat. 628, as 
amended, which was classified generally to chapter 16A (Sec. 751 et 
seq.) of Title 15, Commerce and Trade, and was omitted from the Code 
pursuant to section 760g of Title 15, which provided for the expiration 
of the President's authority under that chapter on Sept. 30, 1981.

                  Section Referred to in Other Sections

    This section is referred to in section 8541 of this title.
