42 U.S.C. § 8521 — Minimum automobile fuel purchase measures
submitted 47 years ago by Pub. L. 96-102 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,054 words · no verdicts yet
Where this rule applies, drivers must spend at least $5 per fill-up, or $7 for 8-cylinder vehicles. A state's Governor or the President can trigger this rule, and states enforce it. Violators face civil penalties, but motorcycles are exempt.
(a) General rule. Where this subsection has been made applicable under (c), no one may buy motor fuel* for a vehicle* unless (1) the price for the amount pumped is at least $5.00, or (2) if filling the tank costs less than $5.00, the buyer pays extra so the total reaches $5.00. Sellers covered by this rule must post notice of it at the pump, following the Secretary's rules.
(b) $7.00 for 8-cylinder vehicles. For any vehicle with 8 or more cylinders, use '$7.00' instead of '$5.00' in (a).
(c) Applicability. (1) Unless triggered under (2), (a) applies in a state*, enforced as described in (g), only if (A) the Governor* asks the Secretary* to apply it there, and (B) the state's attorney general finds that (i) without a federal delegation of authority, the Governor lacks state-law power to impose similar rules, (ii) state law doesn't stop the Governor and other state officials from enforcing the rules under a federal delegation, and (iii) the rules, if used, wouldn't conflict with state law. If the Governor withdraws the request, the rule stops applying in that state, subject to (2). (2) (a) applies in every state if the President finds that applying it nationwide would be appropriate and consistent with this law's purposes. (3) The rule takes effect in a state five days after the Secretary or President (whichever applies) publishes notice in the Federal Register. (4) The President cannot hand off this authority under (2) to anyone else.
(d) Exemptions. (a) does not apply to motorcycles, mopeds, or similar vehicles the Secretary names by regulation.
(e) Adjusting the minimum. The Secretary may raise the $5.00 and $7.00 amounts, only in whole-dollar steps, if the Secretary thinks it's appropriate.
(f) Civil penalties. (1) Breaking (a) brings a civil penalty of up to $100 per violation. (2) A court can impose this penalty in a suit under this section. Except as (3) allows, collected penalties go to the U.S. Treasury as miscellaneous receipts. (3) The Secretary may let a state keep penalty money it collects, to cover its costs enforcing (a).
(g) States administer and enforce this rule. (1) A state's Governor, and other state and local officials the Governor names, get the authority to administer and enforce this subchapter's rules in that state, including suing to collect the civil penalties in (f). (2) (A) This delegated authority is revoked when (i) the Governor sends a signed written waiver, or (ii) the President decides to revoke it (only to the extent the President says). (B) If a state stops meeting the conditions in (c)(1)(B), its attorney general must tell the Governor and the President in writing; the delegation is then revoked once the President receives that statement and agrees the conditions are no longer met. (C) Revoking the delegation doesn't undo pending cases, or cases based on conduct from before the revocation. (D) The Secretary must administer and enforce any rule made effective under (c)(2) if the state's delegation has been revoked under (A).
(h) Coordination with other law. Charging or collecting the extra amount under (a)(2) — or a similar amount under a comparable state law — does not violate (1) the Emergency Petroleum Allocation Act of 1973, or (2) any federal or state law requiring disclosure of a fuel's maximum price per gallon.
If the provisions of this subsection are made applicable under subsection (c), no person* shall purchase motor fuel* from a motor fuel retailer in any transaction for use in any automobile or other vehicle* unless—
the price for the quantity purchased and placed into the fuel tank of that vehicle equals or exceeds $5.00; or
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*.
In applying subsection (a) in the case of any vehicle with an engine having 8 cylinders (or more), “$7.00” shall be substituted for “$5.00”.
Unless applicable pursuant to paragraph (2), the requirements of subsection (a) shall apply in any State* and shall be administered and enforced as provided in subsection (g) only if—
the Governor* of that State submits a request to the Secretary to have such requirements applicable in that State; and
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).
The requirements of subsection (a) 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.
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).
Notwithstanding any other provision of law, the authority vested in the President under paragraph (2) may not be delegated.
The requirements of subsection (a) shall not apply to any motorcycle or motorpowered bicycle, or to any comparable vehicle as may be determined by the Secretary by regulation.
The Secretary may increase the $5.00 and $7.00 amounts specified in subsections (a) and (b) if the Secretary considers it appropriate. Adjustments under this subsection shall be only in even dollar amounts.
Whoever violates the requirements of subsection (a) shall be subject to a civil penalty of not to exceed $100 for each violation.
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.
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) the authority for which is delegated under subsection (g).
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).
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.
If at any time the conditions of subsection (c)(1)(B) 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.
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.
The Secretary shall administer and enforce any provision of this subchapter which has been made effective under subsection (c)(2) and for which a delegation of authority is considered revoked under subparagraph (A).
The charging and collecting of amounts referred to in subsection (a)(2) under the requirements of subsection (a), or similar amounts collected under comparable requirements under any State law, shall not be considered a violation of—
the Emergency Petroleum Allocation Act of 1973 1 [15 U.S.C. 751 et seq.] or any regulation thereunder; or
any Federal or State law requiring the labeling or disclosure of the maximum price per gallon of any fuel.
Source credit: (Pub. L. 96–102, title II, § 221, Nov. 5, 1979, 93 Stat. 765.)
- 1979Enacted · Pub. L. 96-102 · 93 Stat. 765
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-102 on 1979-11-05.
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