US (United States) Code. Title 15. Chapter 55: Petroleum marketing practices

Mercadeo. Mercadotecnia. Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and Trade

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-CITE-

15 USC CHAPTER 55 - PETROLEUM MARKETING PRACTICES 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 55 - PETROLEUM MARKETING PRACTICES

.

-HEAD-

CHAPTER 55 - PETROLEUM MARKETING PRACTICES

-MISC1-

SUBCHAPTER I - FRANCHISE PROTECTION

Sec.

2801. Definitions.

2802. Franchise relationship.

(a) General prohibition against termination or

nonrenewal.

(b) Precondition and grounds for termination or

nonrenewal.

(c) Definition.

(d) Compensation, etc., for franchisee upon

condemnation or destruction of marketing

premises.

2803. Trial and interim franchises.

(a) Nonapplicability of statutory nonrenewal

provisions.

(b) Definitions.

(c) Nonrenewal upon meeting statutory notification

requirements.

2804. Notification of termination or nonrenewal of franchise

relationship.

(a) General requirements applicable to franchisor.

(b) Additional requirements applicable to franchisor.

(c) Manner and form of notification.

(d) Preparation, publication, etc., of statutory

summaries.

2805. Enforcement provisions.

(a) Maintenance of civil action by franchisee against

franchisor; jurisdiction and venue; time for

commencement of action.

(b) Equitable relief by court; bond requirements;

grounds for nonexercise of court's equitable

powers.

(c) Burden of proof; burden of going forward with

evidence.

(d) Actual and exemplary damages and attorney and

expert witness fees to franchisee;

determination by court of right to exemplary

damages and amount; attorney and expert witness

fees to franchisor for frivolous actions.

(e) Discretionary power of court to compel

continuation or renewal of franchise

relationship; grounds for noncompulsion; right

of franchisee to actual damages and attorney

and expert witness fees unaffected.

(f) Release or waiver of rights.

2806. Relationship of statutory provisions to State and local laws.

(a) Termination or nonrenewal of franchise.

(b) Transfer or assignment of franchise.

SUBCHAPTER II - OCTANE DISCLOSURE

2821. Definitions.

2822. Automotive fuel rating testing and disclosure requirements.

(a) Determination and certification of automotive

fuel rating by refiner distributing automotive

fuel.

(b) Certification of automotive fuel rating by

distributor receiving and distributing

automotive fuel with certified automotive fuel

rating; use of automotive fuel rating for

certification by distributor.

(c) Display of automotive fuel rating by automotive

fuel retailer; use of automotive fuel rating

for display.

(d) Display or representation of automotive fuel

requirements for new motor vehicles by

manufacturer of such vehicles; promulgation of

rules by Federal Trade Commission.

(e) Representation of antiknock characteristics of

automotive fuel by person distributing

automotive fuel; use of automotive fuel rating

in representation.

(f) Additional statutory considerations respecting

certification, display, or representation of

automotive fuel rating of automotive fuel.

(g) Nonapplicability of statutory requirements.

(h) Display or representation of automotive fuel

requirement of motor vehicle not to create

express or implied warranty under State or

Federal law respecting knocking characteristics

of automotive fuel.

2823. Administration and enforcement provisions.

(a) Procedural, investigative, and enforcement powers

of Federal Trade Commission.

(b) Testing, certification, and notice requirements

of Environmental Protection Agency; interagency

enforcement agreements between Federal Trade

Commission and Environmental Protection Agency

and other Federal agencies.

(c) Promulgation of rules by Federal Trade

Commission; contents; requirements for

compliance with rules.

(d) Statutory provisions applicable for promulgation

of rules.

(e) Acts or practices constituting violations.

2824. Relationship of statutory provisions to State and local laws.

SUBCHAPTER III - SUBSIDIZATION OF MOTOR FUEL MARKETING

2841. Study by Secretary of Energy.

(a) Consultation with Chairman of Federal Trade

Commission, Attorney General, and other

agencies deemed appropriate by Secretary.

(b) Scope.

(c) Notice to interested parties and opportunity to

present written and oral data, views and

arguments.

(d) Report to Congress; contents and time for

submission; Presidential promulgation of rules

establishing interim measures; submission date

and duration of interim measures; Congressional

approval of interim measures.

(e) Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 5611 of this title.

-CITE-

15 USC SUBCHAPTER I - FRANCHISE PROTECTION 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 55 - PETROLEUM MARKETING PRACTICES

SUBCHAPTER I - FRANCHISE PROTECTION

.

-HEAD-

SUBCHAPTER I - FRANCHISE PROTECTION

-CITE-

15 USC Sec. 2801 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 55 - PETROLEUM MARKETING PRACTICES

SUBCHAPTER I - FRANCHISE PROTECTION

-HEAD-

Sec. 2801. Definitions

-STATUTE-

As used in this subchapter:

(1)(A) The term ''franchise'' means any contract -

(i) between a refiner and a distributor,

(ii) between a refiner and a retailer,

(iii) between a distributor and another distributor, or

(iv) between a distributor and a retailer,

under which a refiner or distributor (as the case may be)

authorizes or permits a retailer or distributor to use, in

connection with the sale, consignment, or distribution of motor

fuel, a trademark which is owned or controlled by such refiner or

by a refiner which supplies motor fuel to the distributor which

authorizes or permits such use.

(B) The term ''franchise'' includes -

(i) any contract under which a retailer or distributor (as the

case may be) is authorized or permitted to occupy leased

marketing premises, which premises are to be employed in

connection with the sale, consignment, or distribution of motor

fuel under a trademark which is owned or controlled by such

refiner or by a refiner which supplies motor fuel to the

distributor which authorizes or permits such occupancy;

(ii) any contract pertaining to the supply of motor fuel which

is to be sold, consigned or distributed -

(I) under a trademark owned or controlled by a refiner; or

(II) under a contract which has existed continuously since

May 15, 1973, and pursuant to which, on May 15, 1973, motor

fuel was sold, consigned or distributed under a trademark owned

or controlled on such date by a refiner; and

(iii) the unexpired portion of any franchise, as defined by the

preceding provisions of this paragraph, which is transferred or

assigned as authorized by the provisions of such franchise or by

any applicable provision of State law which permits such transfer

or assignment without regard to any provision of the franchise.

(2) The term ''franchise relationship'' means the respective

motor fuel marketing or distribution obligations and

responsibilities of a franchisor and a franchisee which result from

the marketing of motor fuel under a franchise.

(3) The term ''franchisor'' means a refiner or distributor (as

the case may be) who authorizes or permits, under a franchise, a

retailer or distributor to use a trademark in connection with the

sale, consignment, or distribution of motor fuel.

(4) The term ''franchisee'' means a retailer or distributor (as

the case may be) who is authorized or permitted, under a franchise,

to use a trademark in connection with the sale, consignment, or

distribution of motor fuel.

(5) The term ''refiner'' means any person engaged in the refining

of crude oil to produce motor fuel, and includes any affiliate of

such person.

(6) The term ''distributor'' means any person, including any

affiliate of such person, who -

(A) purchases motor fuel for sale, consignment, or distribution

to another; or

(B) receives motor fuel on consignment for consignment or

distribution to his own motor fuel accounts or to accounts of his

supplier, but shall not include a person who is an employee of,

or merely serves as a common carrier providing transportation

service for, such supplier.

(7) The term ''retailer'' means any person who purchases motor

fuel for sale to the general public for ultimate consumption.

(8) The term ''marketing premises'' means, in the case of any

franchise, premises which, under such franchise, are to be employed

by the franchisee in connection with sale, consignment, or

distribution of motor fuel.

(9) The term ''leased marketing premises'' means marketing

premises owned, leased, or in any way controlled by a franchisor

and which the franchisee is authorized or permitted, under the

franchise, to employ in connection with the sale, consignment, or

distribution of motor fuel.

(10) The term ''contract'' means any oral or written agreement.

For supply purposes, delivery levels during the same month of the

previous year shall be prima facie evidence of an agreement to

deliver such levels.

(11) The term ''trademark'' means any trademark, trade name,

service mark, or other identifying symbol or name.

(12) The term ''motor fuel'' means gasoline and diesel fuel of a

type distributed for use as a fuel in self-propelled vehicles

designed primarily for use on public streets, roads, and highways.

(13) The term ''failure'' does not include -

(A) any failure which is only technical or unimportant to the

franchise relationship;

(B) any failure for a cause beyond the reasonable control of

the franchisee; or

(C) any failure based on a provision of the franchise which is

illegal or unenforceable under the law of any State (or

subdivision thereof).

(14) The terms ''fail to renew'' and ''nonrenewal'' mean, with

respect to any franchise relationship, a failure to reinstate,

continue, or extend the franchise relationship -

(A) at the conclusion of the term, or on the expiration date,

stated in the relevant franchise;

(B) at any time, in the case of the relevant franchise which

does not state a term of duration or an expiration date; or

(C) following a termination (on or after June 19, 1978) of the

relevant franchise which was entered into prior to June 19, 1978,

and has not been renewed after such date.

(15) The term ''affiliate'' means any person who (other than by

means of a franchise) controls, is controlled by, or is under

common control with, any other person.

(16) The term ''relevant geographic market area'' includes a

State or a standard metropolitan statistical area as periodically

established by the Office of Management and Budget.

(17) The term ''termination'' includes cancellation.

(18) The term ''commerce'' means any trade, traffic,

transportation, exchange, or other commerce -

(A) between any State and any place outside of such State; or

(B) which affects any trade, transportation, exchange, or other

commerce described in subparagraph (A).

(19) The term ''State'' means any State of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, American Samoa, Guam, and any other commonwealth,

territory, or possession of the United States.

-SOURCE-

(Pub. L. 95-297, title I, Sec. 101, June 19, 1978, 92 Stat. 322;

Pub. L. 103-371, Sec. 6, Oct. 19, 1994, 108 Stat. 3486.)

-MISC1-

AMENDMENTS

1994 - Par. (13)(C). Pub. L. 103-371 added subpar. (C).

SHORT TITLE OF 1994 AMENDMENT

Section 1 of Pub. L. 103-371 provided that: ''This Act (amending

this section and sections 2802, 2805, and 2806 of this title) may

be cited as the 'Petroleum Marketing Practices Act Amendments of

1994'.''

SHORT TITLE

Section 1 of Pub. L. 95-297 provided: ''That this Act (enacting

this chapter and provisions set out as a note under section 2822 of

this title) may be cited as the 'Petroleum Marketing Practices

Act'.''

-CITE-

15 USC Sec. 2802 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 55 - PETROLEUM MARKETING PRACTICES

SUBCHAPTER I - FRANCHISE PROTECTION

-HEAD-

Sec. 2802. Franchise relationship

-STATUTE-

(a) General prohibition against termination or nonrenewal

Except as provided in subsection (b) of this section and section

2803 of this title, no franchisor engaged in the sale, consignment,

or distribution of motor fuel in commerce may -

(1) terminate any franchise (entered into or renewed on or

after June 19, 1978) prior to the conclusion of the term, or the

expiration date, stated in the franchise; or

(2) fail to renew any franchise relationship (without regard to

the date on which the relevant franchise was entered into or

renewed).

(b) Precondition and grounds for termination or nonrenewal

(1) Any franchisor may terminate any franchise (entered into or

renewed on or after June 19, 1978) or may fail to renew any

franchise relationship, if -

(A) the notification requirements of section 2804 of this title

are met; and

(B) such termination is based upon a ground described in

paragraph (2) or such nonrenewal is based upon a ground described

in paragraph (2) or (3).

(2) For purposes of this subsection, the following are grounds

for termination of a franchise or nonrenewal of a franchise

relationship:

(A) A failure by the franchisee to comply with any provision of

the franchise, which provision is both reasonable and of material

significance to the franchise relationship, if the franchisor

first acquired actual or constructive knowledge of such failure -

(i) not more than 120 days prior to the date on which

notification of termination or nonrenewal is given, if

notification is given pursuant to section 2804(a) of this

title; or

(ii) not more than 60 days prior to the date on which

notification of termination or nonrenewal is given, if less

than 90 days notification is given pursuant to section

2804(b)(1) of this title.

(B) A failure by the franchisee to exert good faith efforts to

carry out the provisions of the franchise, if -

(i) the franchisee was apprised by the franchisor in writing

of such failure and was afforded a reasonable opportunity to

exert good faith efforts to carry out such provisions; and

(ii) such failure thereafter continued within the period

which began not more than 180 days before the date notification

of termination or nonrenewal was given pursuant to section 2804

of this title.

(C) The occurrence of an event which is relevant to the

franchise relationship and as a result of which termination of

the franchise or nonrenewal of the franchise relationship is

reasonable, if such event occurs during the period the franchise

is in effect and the franchisor first acquired actual or

constructive knowledge of such occurrence -

(i) not more than 120 days prior to the date on which

notification of termination or nonrenewal is given, if

notification is given pursuant to section 2804(a) of this

title; or

(ii) not more than 60 days prior to the date on which

notification of termination or nonrenewal is given, if less

than 90 days notification is given pursuant to section

2804(b)(1) of this title.

(D) An agreement, in writing, between the franchisor and the

franchisee to terminate the franchise or not to renew the

franchise relationship, if -

(i) such agreement is entered into not more than 180 days

prior to the date of such termination or, in the case of

nonrenewal, not more than 180 days prior to the conclusion of

the term, or the expiration date, stated in the franchise;

(ii) the franchisee is promptly provided with a copy of such

agreement, together with the summary statement described in

section 2804(d) of this title; and

(iii) within 7 days after the date on which the franchisee is

provided a copy of such agreement, the franchisee has not

posted by certified mail a written notice to the franchisor

repudiating such agreement.

(E) In the case of any franchise entered into prior to June 19,

1978, and in the case of any franchise entered into or renewed on

or after such date (the term of which is 3 years or longer, or

with respect to which the franchisee was offered a term of 3

years or longer), a determination made by the franchisor in good

faith and in the normal course of business to withdraw from the

marketing of motor fuel through retail outlets in the relevant

geographic market area in which the marketing premises are

located, if -

(i) such determination -

(I) was made after the date such franchise was entered into

or renewed, and

(II) was based upon the occurrence of changes in relevant

facts and circumstances after such date;

(ii) the termination or nonrenewal is not for the purpose of

converting the premises, which are the subject of the

franchise, to operation by employees or agents of the

franchisor for such franchisor's own account; and

(iii) in the case of leased marketing premises -

(I) the franchisor, during the 180-day period after

notification was given pursuant to section 2804 of this

title, either made a bona fide offer to sell, transfer, or

assign to the franchisee such franchisor's interests in such

premises, or, if applicable, offered the franchisee a right

of first refusal of at least 45 days duration of an offer,

made by another, to purchase such franchisor's interest in

such premises; or

(II) in the case of the sale, transfer, or assignment to

another person of the franchisor's interest in such premises

in connection with the sale, transfer, or assignment to such

other person of the franchisor's interest in one or more

other marketing premises, if such other person offers, in

good faith, a franchise to the franchisee on terms and

conditions which are not discriminatory to the franchisee as

compared to franchises then currently being offered by such

other person or franchises then in effect and with respect to

which such other person is the franchisor.

(3) For purposes of this subsection, the following are grounds

for nonrenewal of a franchise relationship:

(A) The failure of the franchisor and the franchisee to agree

to changes or additions to the provisions of the franchise, if -

(i) such changes or additions are the result of

determinations made by the franchisor in good faith and in the

normal course of business; and

(ii) such failure is not the result of the franchisor's

insistence upon such changes or additions for the purpose of

converting the leased marketing premises to operation by

employees or agents of the franchisor for the benefit of the

franchisor or otherwise preventing the renewal of the franchise

relationship.

(B) The receipt of numerous bona fide customer complaints by

the franchisor concerning the franchisee's operation of the

marketing premises, if -

(i) the franchisee was promptly apprised of the existence and

nature of such complaints following receipt of such complaints

by the franchisor; and

(ii) if such complaints related to the condition of such

premises or to the conduct of any employee of such franchisee,

the franchisee did not promptly take action to cure or correct

the basis of such complaints.

(C) A failure by the franchisee to operate the marketing

premises in a clean, safe, and healthful manner, if the

franchisee failed to do so on two or more previous occasions and

the franchisor notified the franchisee of such failures.

(D) In the case of any franchise entered into prior to June 19,

1978, (the unexpired term of which, on such date, is 3 years or

longer) and, in the case of any franchise entered into or renewed

on or after such date (the term of which was 3 years or longer,

or with respect to which the franchisee was offered a term of 3

years or longer), a determination made by the franchisor in good

faith and in the normal course of business, if -

(i) such determination is -

(I) to convert the leased marketing premises to a use other

than the sale or distribution of motor fuel,

(II) to materially alter, add to, or replace such premises,

(III) to sell such premises, or

(IV) that renewal of the franchise relationship is likely

to be uneconomical to the franchisor despite any reasonable

changes or reasonable additions to the provisions of the

franchise which may be acceptable to the franchisee;

(ii) with respect to a determination referred to in subclause

(II) or (IV), such determination is not made for the purpose of

converting the leased marketing premises to operation by

employees or agents of the franchisor for such franchisor's own

account; and

(iii) in the case of leased marketing premises such

franchisor, during the 90-day period after notification was

given pursuant to section 2804 of this title, either -

(I) made a bona fide offer to sell, transfer, or assign to

the franchisee such franchisor's interests in such premises;

or

(II) if applicable, offered the franchisee a right of first

refusal of at least 45-days duration of an offer, made by

another, to purchase such franchisor's interest in such

premises.

(c) Definition

As used in subsection (b)(2)(C) of this section, the term ''an

event which is relevant to the franchise relationship and as a

result of which termination of the franchise or nonrenewal of the

franchise relationship is reasonable'' includes events such as -

(1) fraud or criminal misconduct by the franchisee relevant to

the operation of the marketing premises;

(2) declaration of bankruptcy or judicial determination of

insolvency of the franchisee;

(3) continuing severe physical or mental disability of the

franchisee of at least 3 months duration which renders the

franchisee unable to provide for the continued proper operation

of the marketing premises;

(4) loss of the franchisor's right to grant possession of the

leased marketing premises through expiration of an underlying

lease, if -

(A) the franchisee was notified in writing, prior to the

commencement of the term of the then existing franchise -

(i) of the duration of the underlying lease; and

(ii) of the fact that such underlying lease might expire

and not be renewed during the term of such franchise (in the

case of termination) or at the end of such term (in the case

of nonrenewal);

(B) during the 90-day period after notification was given

pursuant to section 2804 of this title, the franchisor offers

to assign to the franchisee any option to extend the underlying

lease or option to purchase the marketing premises that is held

by the franchisor, except that the franchisor may condition the

assignment upon receipt by the franchisor of -

(i) an unconditional release executed by both the landowner

and the franchisee releasing the franchisor from any and all

liability accruing after the date of the assignment for -

(I) financial obligations under the option (or the

resulting extended lease or purchase agreement);

(II) environmental contamination to (or originating from)

the marketing premises; or

(III) the operation or condition of the marketing

premises; and

(ii) an instrument executed by both the landowner and the

franchisee that ensures the franchisor and the contractors of

the franchisor reasonable access to the marketing premises

for the purpose of testing for and remediating any

environmental contamination that may be present at the

premises; and

(C) in a situation in which the franchisee acquires

possession of the leased marketing premises effective

immediately after the loss of the right of the franchisor to

grant possession (through an assignment pursuant to

subparagraph (B) or by obtaining a new lease or purchasing the

marketing premises from the landowner), the franchisor (if

requested in writing by the franchisee not later than 30 days

after notification was given pursuant to section 2804 of this

title), during the 90-day period after notification was given

pursuant to section 2804 of this title -

(i) made a bona fide offer to sell, transfer, or assign to

the franchisee the interest of the franchisor in any

improvements or equipment located on the premises; or

(ii) if applicable, offered the franchisee a right of first

refusal (for at least 45 days) of an offer, made by another

person, to purchase the interest of the franchisor in the

improvements and equipment.

(5) condemnation or other taking, in whole or in part, of the

marketing premises pursuant to the power of eminent domain;

(6) loss of the franchisor's right to grant the right to use

the trademark which is the subject of the franchise, unless such

loss was due to trademark abuse, violation of Federal or State

law, or other fault or negligence of the franchisor, which such

abuse, violation, or other fault or negligence is related to

action taken in bad faith by the franchisor;

(7) destruction (other than by the franchisor) of all or a

substantial part of the marketing premises;

(8) failure by the franchisee to pay to the franchisor in a

timely manner when due all sums to which the franchisor is

legally entitled;

(9) failure by the franchisee to operate the marketing premises

for -

(A) 7 consecutive days, or

(B) such lesser period which under the facts and

circumstances constitutes an unreasonable period of time;

(10) willful adulteration, mislabeling or misbranding of motor

fuels or other trademark violations by the franchisee;

(11) knowing failure of the franchisee to comply with Federal,

State, or local laws or regulations relevant to the operation of

the marketing premises; and

(12) conviction of the franchisee of any felony involving moral

turpitude.

(d) Compensation, etc., for franchisee upon condemnation or

destruction of marketing premises

In the case of any termination of a franchise (entered into or

renewed on or after June 19, 1978), or in the case of any

nonrenewal of a franchise relationship (without regard to the date

on which such franchise relationship was entered into or renewed) -

(1) if such termination or nonrenewal is based upon an event

described in subsection (c)(5) of this section, the franchisor

shall fairly apportion between the franchisor and the franchisee

compensation, if any, received by the franchisor based upon any

loss of business opportunity or good will; and

(2) if such termination or nonrenewal is based upon an event

described in subsection (c)(7) of this section and the leased

marketing premises are subsequently rebuilt or replaced by the

franchisor and operated under a franchise, the franchisor shall,

within a reasonable period of time, grant to the franchisee a

right of first refusal of the franchise under which such premises

are to be operated.

-SOURCE-

(Pub. L. 95-297, title I, Sec. 102, June 19, 1978, 92 Stat. 324;

Pub. L. 103-371, Sec. 2, 3, Oct. 19, 1994, 108 Stat. 3484.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(3)(A)(ii). Pub. L. 103-371, Sec. 2, inserted

''converting the leased marketing premises to operation by

employees or agents of the franchisor for the benefit of the

franchisor or otherwise'' after ''purpose of''.

Subsec. (c)(4). Pub. L. 103-371, Sec. 3, redesignated portion of

introductory language of par. (4) as subpar. (A), redesignated

former subpars. (A) and (B) as cls. (i) and (ii), respectively, of

subpar. (A), and added subpars. (B) and (C).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2803, 2804, 2805 of this

title.

-CITE-

15 USC Sec. 2803 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 55 - PETROLEUM MARKETING PRACTICES

SUBCHAPTER I - FRANCHISE PROTECTION

-HEAD-

Sec. 2803. Trial and interim franchises

-STATUTE-

(a) Nonapplicability of statutory nonrenewal provisions

The provisions of section 2802 of this title shall not apply to

the nonrenewal of any franchise relationship -

(1) under a trial franchise; or

(2) under an interim franchise.

(b) Definitions

For purposes of this section -

(1) The term ''trial franchise'' means any franchise -

(A) which is entered into on or after June 19, 1978;

(B) the franchisee of which has not previously been a party

to a franchise with the franchisor;

(C) the initial term of which is for a period of not more

than 1 year; and

(D) which is in writing and states clearly and conspicuously

-

(i) that the franchise is a trial franchise;

(ii) the duration of the initial term of the franchise;

(iii) that the franchisor may fail to renew the franchise

relationship at the conclusion of the initial term stated in

the franchise by notifying the franchisee, in accordance with

the provisions of section 2804 of this title, of the

franchisor's intention not to renew the franchise

relationship; and

(iv) that the provisions of section 2802 of this title,

limiting the right of a franchisor to fail to renew a

franchise relationship, are not applicable to such trial

franchise.

(2) The term ''trial franchise'' does not include any unexpired

period of any term of any franchise (other than a trial

franchise, as defined by paragraph (1)) which was transferred or

assigned by a franchisee to the extent authorized by the

provisions of the franchise or any applicable provision of State

law which permits such transfer or assignment, without regard to

any provision of the franchise.

(3) The term ''interim franchise'' means any franchise -

(A) which is entered into on or after June 19, 1978;

(B) the term of which, when combined with the terms of all

prior interim franchises between the franchisor and the

franchisee, does not exceed 3 years;

(C) the effective date of which occurs immediately after the

expiration of a prior franchise, applicable to the marketing

premises, which was not renewed if such nonrenewal -

(i) was based upon a determination described in section

2802(b)(2)(E) of this title, and

(ii) the requirements of section 2802(b)(2)(E) of this

title were satisfied; and

(D) which is in writing and states clearly and conspicuously

-

(i) that the franchise is an interim franchise;

(ii) the duration of the franchise; and

(iii) that the franchisor may fail to renew the franchise

at the conclusion of the term stated in the franchise based

upon a determination made by the franchisor in good faith and

in the normal course of business to withdraw from the

marketing of motor fuel through retail outlets in the

relevant geographic market area in which the marketing

premises are located if the requirements of section

2802(b)(2)(E)(ii) and (iii) of this title are satisfied.

(c) Nonrenewal upon meeting statutory notification requirements

If the notification requirements of section 2804 of this title

are met, any franchisor may fail to renew any franchise

relationship -

(1) under any trial franchise, at the conclusion of the initial

term of such trial franchise; and

(2) under any interim franchise, at the conclusion of the term

of such interim franchise, if -

(A) such nonrenewal is based upon a determination described

in section 2802(b)(2)(E) of this title; and

(B) the requirements of section 2802(b)(2)(E)(ii) and (iii)

of this title are satisfied.

-SOURCE-

(Pub. L. 95-297, title I, Sec. 103, June 19, 1978, 92 Stat. 328.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2802, 2804, 2805 of this

title.

-CITE-

15 USC Sec. 2804 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 55 - PETROLEUM MARKETING PRACTICES

SUBCHAPTER I - FRANCHISE PROTECTION

-HEAD-

Sec. 2804. Notification of termination or nonrenewal of franchise

relationship

-STATUTE-

(a) General requirements applicable to franchisor

Prior to termination of any franchise or nonrenewal of any

franchise relationship, the franchisor shall furnish notification

of such termination or such nonrenewal to the franchisee who is a

party to such franchise or such franchise relationship -

(1) in the manner described in subsection (c) of this section;

and

(2) except as provided in subsection (b) of this section, not

less than 90 days prior to the date on which such termination or

nonrenewal takes effect.

(b) Additional requirements applicable to franchisor

(1) In circumstances in which it would not be reasonable for the

franchisor to furnish notification, not less than 90 days prior to

the date on which termination or nonrenewal takes effect, as

required by subsection (a)(2) of this section -

(A) such franchisor shall furnish notification to the

franchisee affected thereby on the earliest date on which

furnishing of such notification is reasonably practicable; and

(B) in the case of leased marketing premises, such franchisor -

(i) may not establish a new franchise relationship with

respect to such premises before the expiration of the 30-day

period which begins -

(I) on the date notification was posted or personally

delivered, or

(II) if later, on the date on which such termination or

nonrenewal takes effect; and

(ii) may, if permitted to do so by the franchise agreement,

repossess such premises and, in circumstances under which it

would be reasonable to do so, operate such premises through

employees or agents.

(2) In the case of any termination of any franchise or any

nonrenewal of any franchise relationship pursuant to the provisions

of section 2802(b)(2)(E) of this title or section 2803(c)(2) of

this title, the franchisor shall -

(A) furnish notification to the franchisee not less than 180

days prior to the date on which such termination or nonrenewal

takes effect; and

(B) promptly provide a copy of such notification, together with

a plan describing the schedule and conditions under which the

franchisor will withdraw from the marketing of motor fuel through

retail outlets in the relevant geographic area, to the Governor

of each State which contains a portion of such area.

(c) Manner and form of notification

Notification under this section -

(1) shall be in writing;

(2) shall be posted by certified mail or personally delivered

to the franchisee; and

(3) shall contain -

(A) a statement of intention to terminate the franchise or

not to renew the franchise relationship, together with the

reasons therefor;

(B) the date on which such termination or nonrenewal takes

effect; and

(C) the summary statement prepared under subsection (d) of

this section.

(d) Preparation, publication, etc., of statutory summaries

(1) Not later than 30 days after June 19, 1978, the Secretary of

Energy shall prepare and publish in the Federal Register a simple

and concise summary of the provisions of this subchapter, including

a statement of the respective responsibilities of, and the remedies

and relief available to, any franchisor and franchisee under this

subchapter.

(2) In the case of summaries required to be furnished under the

provisions of section 2802(b)(2)(D) of this title or subsection

(c)(3)(C) of this section before the date of publication of such

summary in the Federal Register, such summary may be furnished not

later than 5 days after it is so published rather than at the time

required under such provisions.

-SOURCE-

(Pub. L. 95-297, title I, Sec. 104, June 19, 1978, 92 Stat. 329.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2802, 2803, 2805 of this

title.

-CITE-

15 USC Sec. 2805 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 55 - PETROLEUM MARKETING PRACTICES

SUBCHAPTER I - FRANCHISE PROTECTION

-HEAD-

Sec. 2805. Enforcement provisions

-STATUTE-

(a) Maintenance of civil action by franchisee against franchisor;

jurisdiction and venue; time for commencement of action

If a franchisor fails to comply with the requirements of section

2802 or 2803 of this title, the franchisee may maintain a civil

action against such franchisor. Such action may be brought,

without regard to the amount in controversy, in the district court

of the United States in any judicial district in which the

principal place of business of such franchisor is located or in

which such franchisee is doing business, except that no such action

may be maintained unless commenced within 1 year after the later of

-

(1) the date of termination of the franchise or nonrenewal of

the franchise relationship; or

(2) the date the franchisor fails to comply with the

requirements of section 2802 or 2803 of this title.

(b) Equitable relief by court; bond requirements; grounds for

nonexercise of court's equitable powers

(1) In any action under subsection (a) of this section, the court

shall grant such equitable relief as the court determines is

necessary to remedy the effects of any failure to comply with the

requirements of section 2802 or 2803 of this title, including

declaratory judgment, mandatory or prohibitive injunctive relief,

and interim equitable relief.

(2) Except as provided in paragraph (3), in any action under

subsection (a) of this section, the court shall grant a preliminary

injunction if -

(A) the franchisee shows -

(i) the franchise of which he is a party has been terminated

or the franchise relationship of which he is a party has not

been renewed, and

(ii) there exist sufficiently serious questions going to the

merits to make such questions a fair ground for litigation; and

(B) the court determines that, on balance, the hardships

imposed upon the franchisor by the issuance of such preliminary

injunctive relief will be less than the hardship which would be

imposed upon such franchisee if such preliminary injunctive

relief were not granted.

(3) Nothing in this subsection prevents any court from requiring

the franchisee in any action under subsection (a) of this section

to post a bond, in an amount established by the court, prior to the

issuance or continuation of any equitable relief.

(4) In any action under subsection (a) of this section, the court

need not exercise its equity powers to compel continuation or

renewal of the franchise relationship if such action was commenced

-

(A) more than 90 days after the date on which notification

pursuant to section 2804(a) of this title was posted or

personally delivered to the franchisee;

(B) more than 180 days after the date on which notification

pursuant to section 2804(b)(2) of this title was posted or

personally delivered to the franchisee; or

(C) more than 30 days after the date on which the termination

of such franchise or the nonrenewal of such franchise

relationship takes effect if less than 90 days notification was

provided pursuant to section 2804(b)(1) of this title.

(c) Burden of proof; burden of going forward with evidence

In any action under subsection (a) of this section, the

franchisee shall have the burden of proving the termination of the

franchise or the nonrenewal of the franchise relationship. The

franchisor shall bear the burden of going forward with evidence to

establish as an affirmative defense that such termination or

nonrenewal was permitted under section 2802(b) or 2803 of this

title, and, if applicable, that such franchisor complied with the

requirements of section 2802(d) of this title.

(d) Actual and exemplary damages and attorney and expert witness

fees to franchisee; determination by court of right to

exemplary damages and amount; attorney and expert witness fees

to franchisor for frivolous actions

(1) If the franchisee prevails in any action under subsection (a)

of this section, such franchisee shall be entitled -

(A) consistent with the Federal Rules of Civil Procedure, to

actual damages;

(B) in the case of any such action which is based upon conduct

of the franchisor which was in willful disregard of the

requirements of section 2802 or 2803 of this title, or the rights

of the franchisee thereunder, to exemplary damages, where

appropriate; and

(C) to reasonable attorney and expert witness fees to be paid

by the franchisor, unless the court determines that only nominal

damages are to be awarded to such franchisee, in which case the

court, in its discretion, need not direct that such fees be paid

by the franchisor.

(2) The question of whether to award exemplary damages and the

amount of any such award shall be determined by the court and not

by a jury.

(3) In any action under subsection (a) of this section, the court

may, in its discretion, direct that reasonable attorney and expert

witness fees be paid by the franchisee if the court finds that such

action is frivolous.

(e) Discretionary power of court to compel continuation or renewal

of franchise relationship; grounds for noncompulsion; right of

franchisee to actual damages and attorney and expert witness

fees unaffected

(1) In any action under subsection (a) of this section with

respect to a failure of a franchisor to renew a franchise

relationship in compliance with the requirements of section 2802 of

this title, the court may not compel a continuation or renewal of

the franchise relationship if the franchisor demonstrates to the

satisfaction of the court that -

(A) the basis for such nonrenewal is a determination made by

the franchisor in good faith and in the normal course of business

-

(i) to convert the leased marketing premises to a use other

than the sale or distribution of motor fuel,

(ii) to materially alter, add to, or replace such premises,

(iii) to sell such premises,

(iv) to withdraw from the marketing of motor fuel through

retail outlets in the relevant geographic market area in which

the marketing premises are located, or

(v) that renewal of the franchise relationship is likely to

be uneconomical to the franchisor despite any reasonable

changes or reasonable additions to the provisions of the

franchise which may be acceptable to the franchisee; and

(B) the requirements of section 2804 of this title have been

complied with.

(2) The provisions of paragraph (1) shall not affect any right of

any franchisee to recover actual damages and reasonable attorney

and expert witness fees under subsection (d) of this section if

such nonrenewal is prohibited by section 2802 of this title.

(f) Release or waiver of rights

(1) No franchisor shall require, as a condition of entering into

or renewing the franchise relationship, a franchisee to release or

waive -

(A) any right that the franchisee has under this subchapter or

other Federal law; or

(B) any right that the franchisee may have under any valid and

applicable State law.

(2) No provision of any franchise shall be valid or enforceable

if the provision specifies that the interpretation or enforcement

of the franchise shall be governed by the law of any State other

than the State in which the franchisee has the principal place of

business of the franchisee.

-SOURCE-

(Pub. L. 95-297, title I, Sec. 105, June 19, 1978, 92 Stat. 331;

Pub. L. 103-371, Sec. 4, Oct. 19, 1994, 108 Stat. 3485.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec.

(d)(1), are set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

-MISC2-

AMENDMENTS

1994 - Subsec. (f). Pub. L. 103-371 added subsec. (f).

-CITE-

15 USC Sec. 2806 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 55 - PETROLEUM MARKETING PRACTICES

SUBCHAPTER I - FRANCHISE PROTECTION

-HEAD-

Sec. 2806. Relationship of statutory provisions to State and local

laws

-STATUTE-

(a) Termination or nonrenewal of franchise

(1) To the extent that any provision of this subchapter applies

to the termination (or the furnishing of notification with respect

thereto) of any franchise, or to the nonrenewal (or the furnishing

of notification with respect thereto) of any franchise

relationship, no State or any political subdivision thereof may

adopt, enforce, or continue in effect any provision of any law or

regulation (including any remedy or penalty applicable to any

violation thereof) with respect to termination (or the furnishing

of notification with respect thereto) of any such franchise or to

the nonrenewal (or the furnishing of notification with respect

thereto) of any such franchise relationship unless such provision

of such law or regulation is the same as the applicable provision

of this subchapter.

(2) No State or political subdivision of a State may adopt,

enforce, or continue in effect any provision of law (including a

regulation) that requires a payment for the goodwill of a

franchisee on the termination of a franchise or nonrenewal of a

franchise relationship authorized by this subchapter.

(b) Transfer or assignment of franchise

(1) Nothing in this subchapter authorizes any transfer or

assignment of any franchise or prohibits any transfer or assignment

of any franchise as authorized by the provisions of such franchise

or by any applicable provision of State law which permits such

transfer or assignment without regard to any provision of the

franchise.

(2) Nothing in this subchapter shall prohibit any State from

specifying the terms and conditions under which any franchise or

franchise relationship may be transferred to the designated

successor of a franchisee upon the death of the franchisee.

-SOURCE-

(Pub. L. 95-297, title I, Sec. 106, June 19, 1978, 92 Stat. 332;

Pub. L. 103-371, Sec. 5, Oct. 19, 1994, 108 Stat. 3485.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-371, Sec. 5(1), redesignated

existing provisions as par. (1) and added par. (2).

Subsec. (b). Pub. L. 103-371, Sec. 5(2), redesignated existing

provisions as par. (1) and added par. (2).

-CITE-

15 USC SUBCHAPTER II - OCTANE DISCLOSURE 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 55 - PETROLEUM MARKETING PRACTICES

SUBCHAPTER II - OCTANE DISCLOSURE

.

-HEAD-

SUBCHAPTER II - OCTANE DISCLOSURE

-CITE-

15 USC Sec. 2821 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 55 - PETROLEUM MARKETING PRACTICES

SUBCHAPTER II - OCTANE DISCLOSURE

-HEAD-

Sec. 2821. Definitions

-STATUTE-

As used in this subchapter:

(1) The term ''octane rating'' means the rating of the

antiknock characteristics of a grade or type of automotive fuel

as determined by dividing by 2 the sum of the research octane

number plus the motor octane number, unless another procedure is

prescribed under section 2823(c)(3) of this title, in which case

such term means the rating of such characteristics as determined

under the procedure so prescribed.

(2) The terms ''research octane number'' and ''motor octane

number'' have the meanings given such terms in the specifications

of the American Society for Testing and Materials (ASTM) entitled

''Standard Specification for Automotive Spark-Ignition Engine

Fuel'' designated D4814 (as in effect on June 19, 1978) and, with

respect to any grade or type of automotive gasoline, are

determined in accordance with test methods set forth in ASTM

standard test methods designated D 2699 and D 2700 (as in effect

on such date).

(3) The term ''knock'' means the combustion of a fuel

spontaneously in localized areas of a cylinder of a

spark-ignition engine, instead of the combustion of such fuel

progressing from the spark.

(4) The term ''automotive fuel retailer'' means any person who

markets automotive fuel to the general public for ultimate

consumption.

(5) The term ''refiner'' means any person engaged in the

production or importation of automotive fuel.

(6) The term ''automotive fuel'' means liquid fuel of a type

distributed for use as a fuel in any motor vehicle.

(7) The term ''motor vehicle'' means any self-propelled

four-wheeled vehicle, of less than 6,000 pounds gross vehicle

weight, which is designed primarily for use on public streets,

roads, and highways.

(8) The term ''new motor vehicle'' means any motor vehicle the

equitable or legal title to which has not previously been

transferred to an ultimate purchaser.

(9) The term ''ultimate purchaser'' means, with respect to any

item, the first person who purchases such item for purposes other

than resale.

(10) The term ''manufacturer'' means any person who imports,

manufactures, or assembles motor vehicles for sale.

(11) The term ''automotive fuel requirement'' means, with

respect to automotive fuel for use in a motor vehicle or a class

thereof, imported, manufactured, or assembled by a manufacturer,

the minimum automotive fuel rating of such automotive fuel which

such manufacturer recommends for the efficient operation of such

motor vehicle, or a substantial portion of such class, without

knocking.

(12) The term ''model year'' means a manufacturer's annual

production period (as determined by the Federal Trade Commission)

for motor vehicles or a class of motor vehicles. If a

manufacturer has no annual production period, the term ''model

year'' means the calendar year.

(13) The term ''commerce'' means any trade, traffic,

transportation, exchange, or other commerce -

(A) between any State and any place outside of such State; or

(B) which affects any trade, transportation, exchange, or

other commerce described in subparagraph (A).

(14) The term ''State'' means any State of the United States,

the District of Columbia, the Commonwealth of Puerto Rico, the

Virgin Islands, American Samoa, Guam, and any other commonwealth,

territory, or possession of the United States.

(15) the term ''person'', for purposes of applying any

provision of the Federal Trade Commission Act (15 U.S.C. 41 et

seq.) with respect to any provision of the subchapter, includes a

partnership and a corporation.

(16) The term ''distributor'' means any person who receives

automotive fuel and distributes such automotive fuel to another

person other than the ultimate purchaser.

(17) The term ''automotive fuel rating'' means -

(A) the octane rating of an automotive spark-ignition engine

fuel; and

(B) if provided for by the Federal Trade Commission by rule,

the cetane rating of diesel fuel oils; or

(C) another form of rating determined by the Federal Trade

Commission, after consultation with the American Society for

Testing and Materials, to be more appropriate to carry out the

purposes of this subchapter with respect to the automotive fuel

concerned.

(18)(A) The term ''cetane rating'' means a measure, as

indicated by a cetane index or cetane number, of the ignition

quality of diesel fuel oil and of the influence of the diesel

fuel oil on combustion roughness.

(B) The term ''cetane index'' and the term ''cetane number''

have the meanings determined in accordance with the test methods

set forth in the American Society for Testing and Materials

standard test methods -

(i) designated D976 or D4737 in the case of cetane index; and

(ii) designated D613 in the case of cetane number,

(as in effect on October 24, 1992) and shall apply to any grade

or type of diesel fuel oils defined in the specification of the

American Society for Testing and Materials entitled ''Standard

Specification for Diesel Fuel Oils'' designated D975 (as in

effect on October 24, 1992).

-SOURCE-

(Pub. L. 95-297, title II, Sec. 201, June 19, 1978, 92 Stat. 333;

Pub. L. 102-486, title XV, Sec. 1501(a)-(c)(1), Oct. 24, 1992, 106

Stat. 2996.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in par. (15), is

act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of this title. For complete classification of this Act to the

Code, see section 58 of this title and Tables.

-COD-

CODIFICATION

October 24, 1992, referred to in par. (18)(B), was in the

original ''the date of the enactment of this Act'' and ''such

date'', which were translated as meaning the date of enactment of

Pub. L. 102-486, which enacted par. (18), to reflect the probable

intent of Congress.

-MISC3-

AMENDMENTS

1992 - Par. (1). Pub. L. 102-486, Sec. 1501(c)(1)(A), substituted

''fuel'' for ''gasoline''.

Par. (2). Pub. L. 102-486, Sec. 1501(c)(1)(B), substituted

''Standard Specification for Automotive Spark-Ignition Engine

Fuel'' for ''Standard Specifications for Automotive Gasoline'' and

''D4814 for ''D 439''.

Par. (4). Pub. L. 102-486, Sec. 1501(c)(1)(C), substituted

''automotive fuel'' for first reference to ''gasoline'' and

''fuel'' for second reference to ''gasoline''.

Par. (5). Pub. L. 102-486, Sec. 1501(c)(1)(D), added par. (5) and

struck out former par. (5) which read as follows: ''The term

'refiner' means any person engaged in -

''(A) the refining of crude oil to produce automotive gasoline;

or

''(B) the importation of automotive gasoline.''

Par. (6). Pub. L. 102-486, Sec. 1501(a), amended par. (6)

generally. Prior to amendment, par. (6) read as follows: ''The

term 'automotive gasoline' means gasoline of a type distributed for

use as a fuel in any motor vehicle.''

Par. (11). Pub. L. 102-486, Sec. 1501(c)(1)(E), substituted

''automotive fuel'' for ''octane'' before ''requirement'' and

before ''rating'', and ''fuel'' for ''gasoline'' before ''for use''

and before ''which such''.

Par. (16). Pub. L. 102-486, Sec. 1501(c)(1)(F), substituted

''automotive fuel'' for ''gasoline'' in two places.

Pars. (17), (18). Pub. L. 102-486, Sec. 1501(b), added pars. (17)

and (18).

EFFECTIVE DATE OF 1992 AMENDMENT

Section 1501(d)(1) of Pub. L. 102-486 provided that: ''The

amendments made by this section (amending this section and sections

2822 and 2823 of this title) shall become effective at the end of

the one-year period beginning on the date of the enactment of this

Act (Oct. 24, 1992).''

REGULATIONS

Section 1501(d)(2) of Pub. L. 102-486 provided that: ''The

Federal Trade Commission shall, within 270 days after the date of

the enactment of this Act (Oct. 24, 1992), prescribe rules for the

purpose of implementing the amendments made in this section

(amending this section and sections 2822 and 2823 of this title).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2823 of this title.

-CITE-

15 USC Sec. 2822 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 55 - PETROLEUM MARKETING PRACTICES

SUBCHAPTER II - OCTANE DISCLOSURE

-HEAD-

Sec. 2822. Automotive fuel rating testing and disclosure

requirements

-STATUTE-

(a) Determination and certification of automotive fuel rating by

refiner distributing automotive fuel

Each refiner who distributes automotive fuel in commerce shall -

(1) determine the automotive fuel rating of any such fuel; and

(2) if such refiner distributes such fuel to any person other

than the ultimate purchaser, certify, consistent with the

determination made under paragraph (1), the automotive fuel

rating of such fuel.

(b) Certification of automotive fuel rating by distributor

receiving and distributing automotive fuel with certified

automotive fuel rating; use of automotive fuel rating for

certification by distributor

Each distributor who receives automotive fuel, the automotive

fuel rating of which is certified to him under this section, and

distributes such fuel in commerce to another person other than the

ultimate purchaser shall certify to such other person the

automotive fuel rating of such fuel consistent with -

(1) the automotive fuel rating of such fuel certified to such

distributor; or

(2) if such distributor elects (at such time and in such manner

as the Federal Trade Commission may, by rule, prescribe), the

automotive fuel rating of such fuel determined by such

distributor.

(c) Display of automotive fuel rating by automotive fuel retailer;

use of automotive fuel rating for display

Each automotive fuel retailer shall display in a clear and

conspicuous manner, at the point of sale to ultimate purchasers of

automotive fuel, the automotive fuel rating of such automotive

fuel, which automotive fuel rating shall be consistent with -

(1) the automotive fuel rating of such automotive fuel

certified to such retailer under subsection (a)(2) or (b) of this

section;

(2) if such automotive fuel retailer elects (at such time and

in such manner as the Federal Trade Commission may, by rule,

prescribe), the automotive fuel rating of such automotive fuel

determined by such retailer for such automotive fuel; or

(3) if such automotive fuel retailer is a refiner, the

automotive fuel rating of such automotive fuel determined under

subsection (a)(1) of this section.

(d) Display or representation of automotive fuel requirements for

new motor vehicles by manufacturer of such vehicles;

promulgation of rules by Federal Trade Commission

The Federal Trade Commission shall, by rule, prescribe

requirements, applicable to any manufacturer of new motor vehicles,

with respect to the display on each such motor vehicle (or

representation in connection with the sale of each such motor

vehicle) of the automotive fuel requirement of such motor vehicle.

(e) Representation of antiknock characteristics of automotive fuel

by person distributing automotive fuel; use of automotive fuel

rating in representation

No person who distributes automotive fuel in commerce may make

any representation respecting the antiknock characteristics of such

fuel unless such representation fairly discloses the automotive

fuel rating of such fuel consistent with such fuel's automotive

fuel rating as certified to or determined by such person under the

foregoing provisions of this section.

(f) Additional statutory considerations respecting certification,

display, or representation of automotive fuel rating of

automotive fuel

For purposes of this section, the automotive fuel rating of any

automotive fuel shall be considered to be certified, displayed, or

represented by any person consistent with the rating certified to,

or determined by, such person -

(1) in the case of automotive fuel which consists of a blend of

two or more quantities of automotive fuel of differing automotive

fuel ratings, only if the rating certified, displayed, or

represented by such person is the average of the automotive fuel

ratings of such quantities, weighted by volume; or

(2) in the case of fuel which does not consist of such a blend,

only if the automotive fuel rating such person certifies,

displays, or represents is the same as the automotive fuel rating

of such fuel certified to, or determined by, such person.

(g) Nonapplicability of statutory requirements

The foregoing provisions of this section shall not apply -

(1) to any representation (by display at the point of sale or

by other means) of any characteristics of any automotive fuel

other than its automotive fuel rating; or

(2) to the identification of automotive fuel at the point of

sale (or elsewhere) by the trademark, trade name, or other

identifying symbol or mark used in connection with the sale of

such fuel.

(h) Display or representation of automotive fuel requirement of

motor vehicle not to create express or implied warranty under

State or Federal law respecting knocking characteristics of

automotive fuel

Any display or representation, with respect to the automotive

fuel requirement of any motor vehicle, required to be made under

any rule prescribed under subsection (d) of this section shall not

create an express or implied warranty under State or Federal law

that any automotive fuel the automotive fuel rating of which equals

or exceeds such automotive fuel requirement -

(1) may be used as a fuel in all motor vehicles of the same

class as that motor vehicle without knocking; or

(2) may be used as a fuel in such motor vehicle under all

operating conditions without knocking.

-SOURCE-

(Pub. L. 95-297, title II, Sec. 202, June 19, 1978, 92 Stat. 334;

Pub. L. 102-486, title XV, Sec. 1501(c)(2), Oct. 24, 1992, 106

Stat. 2997.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-486 amended section as follows: substituted

''Automotive fuel rating'' for ''Octane'' in section catchline;

substituted ''automotive fuel rating'' and ''automotive fuel

ratings'' for ''octane rating'' and ''octane ratings'',

respectively, wherever appearing; in subsecs. (a) and (b),

substituted ''fuel'' for ''gasoline'' wherever appearing; in

subsec. (c), substituted ''automotive fuel'' for ''gasoline''

wherever appearing except that ''fuel'' substituted for second

reference to ''gasoline''; in subsec. (d), substituted ''automotive

fuel'' for ''octane''; in subsec. (e), substituted ''fuel'' for

''gasoline'' wherever appearing and substituted ''fuel's'' for

''gasoline's''; in subsecs. (f), (g), and (h), substituted ''fuel''

for ''gasoline'' wherever appearing; and in subsec. (h),

substituted ''automotive fuel requirement'' for ''octane

requirement'' wherever appearing.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-486 effective at end of one-year period

beginning Oct. 24, 1992, see section 1501(d)(1) of Pub. L. 102-486,

set out as a note under section 2821 of this title.

EFFECTIVE DATE

Section 205 of Pub. L. 95-297 provided that:

''(a) Sections 202(a)(1) (subsec. (a)(1) of this section) and

203(b) (section 2823(b) of this title) shall take effect on the

first day of the first calendar month beginning more than 6 months

after the date of the enactment of this Act (June 19, 1978).

''(b) Subsections (a)(2), (b), (c), and (e) of section 202

(subsecs. (a)(2), (b), (c), and (e) of this section) shall take

effect on the first day of the first calendar month beginning more

than 9 months after such date of enactment (June 19, 1978).

''(c) Rules under section 202(d) (subsec. (d) of this section)

may not take effect earlier than the beginning of the first motor

vehicle model year which begins more than 9 months after such date

of enactment (June 19, 1978).''

STUDIES

Section 1503 of Pub. L. 102-486 directed Administrator of

Environmental Protection Agency to carry out a study to determine

whether the anti-knock characteristics of nonliquid fuels usable as

a fuel for motor vehicles could be determined and further directed

Federal Trade Commission to carry out a study to determine the need

for a uniform national label on devices used to dispense automotive

fuel to consumers that would consolidate all information required

by Federal law to be posted on such devices, with reports of the

results of the studies to be submitted to Congress within one year

of Oct. 24, 1992, together with recommendations and a description

of the administrative and legislative actions needed to implement

the recommendations.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2823 of this title.

-CITE-

15 USC Sec. 2823 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 55 - PETROLEUM MARKETING PRACTICES

SUBCHAPTER II - OCTANE DISCLOSURE

-HEAD-

Sec. 2823. Administration and enforcement provisions

-STATUTE-

(a) Procedural, investigative, and enforcement powers of Federal

Trade Commission

The Federal Trade Commission shall have procedural,

investigative, and enforcement powers, including the power to issue

procedural rules in enforcing compliance with the requirements of

this subchapter and rules prescribed pursuant to the requirements

of this subchapter, to further define terms used in this

subchapter, and to require the filing of reports, the production of

documents, and the appearance of witnesses, as though the

applicable terms and conditions of the Federal Trade Commission Act

(15 U.S.C. 41 et seq.) were part of this subchapter.

(b) Testing, certification, and notice requirements of

Environmental Protection Agency; interagency enforcement

agreements between Federal Trade Commission and Environmental

Protection Agency and other Federal agencies

(1) The Environmental Protection Agency -

(A) may conduct field testing of the automotive fuel rating of

automotive fuel, comparing the tested automotive fuel rating of

fuel at retail outlets with the automotive fuel rating posted at

those outlets;

(B) shall certify the results of such tests and comparisons to

the Federal Trade Commission; and

(C) shall notify the Federal Trade Commission of any failure to

post the automotive fuel rating.

(2) The Federal Trade Commission may enter into interagency

agreements with the Environmental Protection Agency and such other

agencies of the United States as the Commission determines

appropriate for the purpose of assuring enforcement of the

provisions of this subchapter in a manner which is consistent with

-

(A) minimizing the cost of field inspection and related

compliance activities; and

(B) reducing duplication of similar or related field compliance

activities performed by agencies of the United States.

(c) Promulgation of rules by Federal Trade Commission; contents;

requirements for compliance with rules

(1) Not later than 6 months after June 19, 1978, the Federal

Trade Commission shall, by rule, prescribe and make effective -

(A) a uniform method by which a person may certify to another

the automotive fuel rating of automotive fuel; and

(B) a uniform method of displaying the automotive fuel rating

of automotive fuel at the point of sale to ultimate purchasers.

(2) Effective on and after the effective date of the rule

prescribed under paragraph (1), any person -

(A) shall be considered to satisfy the requirements of

subsection (a) or (b) of section 2822 of this title, as the case

may be, only if such person complies with the requirements

established pursuant to paragraph (1)(A); and

(B) shall be considered to satisfy the requirements of section

2822(c) of this title only if such person complies with the

requirements established pursuant to paragraph (1)(B).

(3) The Federal Trade Commission may, by rule, prescribe

procedures for determination of the automotive fuel rating of

automotive fuel which varies from that prescribed in section 2821

of this title. In prescribing such rule, the Commission -

(A) shall consider -

(i) ease of administration and enforcement, and

(ii) industry practices in the distribution and marketing of

automotive fuel; and

(B) may permit adjustments in such automotive fuel rating to

take into account the effects of altitude, temperature, and

humidity.

(4) The Federal Trade Commission may, by rule, prescribe and make

effective a method of determining the automotive fuel rating of

automotive fuel which consists of a blend of two or more quantities

of automotive fuel of different automotive fuel ratings if the

Federal Trade Commission finds that the method prescribed more

accurately reflects the automotive fuel rating of such blend than

the weighted-average method set forth in section 2822(f)(1) of this

title. Effective on and after the effective date of such rule, any

person shall be considered to satisfy the requirements of section

2822(f)(1) of this title only if such person utilizes the method

prescribed in such rule (in lieu of the method set forth in section

2822(f)(1) of this title).

(d) Statutory provisions applicable for promulgation of rules

(1) Except as provided in paragraph (2), rules under this

subchapter shall be prescribed in accordance with section 553 of

title 5, except that interested persons shall be afforded an

opportunity to present written and oral data, views, and arguments

with respect to any proposed rule.

(2) Rules prescribed under subsection (c)(3) of this section and

section 2822(d) of this title shall be prescribed on the record

after opportunity for an agency hearing.

(3) Section 18 of the Federal Trade Commission Act (15 U.S.C.

57a) shall not apply with respect to any rule prescribed under this

subchapter.

(e) Acts or practices constituting violations

It shall be an unfair or deceptive act or practice in or

affecting commerce (within the meaning of section 5(a)(1) of the

Federal Trade Commission Act (15 U.S.C. 45(a)(1))) for any person

to violate subsection (a), (b), (c), or (e) of section 2822 of this

title, or a rule prescribed under subsection (d) of section 2822 of

this title. For purposes of the Federal Trade Commission Act (15

U.S.C. 41 et seq.) (including any remedy or penalty applicable to

any violation thereof) such a violation shall be treated as a

violation of a rule under such Act respecting unfair or deceptive

acts or practices.

-SOURCE-

(Pub. L. 95-297, title II, Sec. 203, June 19, 1978, 92 Stat. 335;

Pub. L. 102-486, title XV, Sec. 1501(c)(3), 1502(b), (c), Oct. 24,

1992, 106 Stat. 2997, 2998.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in subsecs. (a) and

(e), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended,

which is classified generally to subchapter I (Sec. 41 et seq.) of

chapter 2 of this title. For complete classification of this Act

to the Code, see section 58 of this title and Tables.

-MISC2-

AMENDMENTS

1992 - Subsec. (b)(1). Pub. L. 102-486, Sec. 1502(c), struck out

''shall'' after ''Agency'' in introductory provisions, inserted

''may'' before ''conduct'' in subpar. (A), inserted ''shall''

before ''certify'' in subpar. (B), and in subpar. (C) inserted

''shall'' before ''notify'' and struck out before period at end

''discovered in the course of such field testing''.

Pub. L. 102-486, Sec. 1501(c)(3)(A), (B), substituted

''automotive fuel rating'' for ''octane rating'' and ''fuel'' for

''gasoline'' wherever appearing.

Subsec. (c). Pub. L. 102-486, Sec. 1501(c)(3), substituted

''automotive fuel rating'' for ''octane rating'' and ''fuel'' for

''gasoline'' wherever appearing, ''section 2821'' for ''section

2821(1)'' in par. (3), and ''automotive fuel ratings'' for ''octane

ratings'' in par. (4).

Subsec. (e). Pub. L. 102-586, Sec. 1502(b), struck out before end

of second sentence ''; except that for purposes of section

5(m)(1)(A) of such Act, the term 'or knowledge fairly implied on

the basis of objective circumstances' shall not apply to any

violation by any gasoline retailer of the requirements of section

2822(c) or (e) of this title''.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by section 1501(c)(3) of Pub. L. 102-486 effective at

the end of the one-year period beginning Oct. 24, 1992, see section

1501(d)(1) of Pub. L. 102-486, set out as a note under section 2821

of this title.

EFFECTIVE DATE

Subsec. (b) of this section effective on first day of first

calendar month beginning more than 6 months after June 19, 1978,

see section 205(a) of Pub. L. 95-297, set out as a note under

section 2822 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2821 of this title.

-CITE-

15 USC Sec. 2824 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 55 - PETROLEUM MARKETING PRACTICES

SUBCHAPTER II - OCTANE DISCLOSURE

-HEAD-

Sec. 2824. Relationship of statutory provisions to State and local

laws

-STATUTE-

(a) To the extent that any provision of this subchapter applies

to any act or omission, no State or any political subdivision

thereof may adopt or continue in effect, except as provided in

subsection (b) of this section, any provision of law or regulation

with respect to such act or omission, unless such provision of such

law or regulation is the same as the applicable provision of this

subchapter.

(b) A State or political subdivision thereof may provide for any

investigative or enforcement action, remedy, or penalty (including

procedural actions necessary to carry out such investigative or

enforcement actions, remedies, or penalties) with respect to any

provision of law or regulation permitted by subsection (a) of this

section.

-SOURCE-

(Pub. L. 95-297, title II, Sec. 204, June 19, 1978, 92 Stat. 337;

Pub. L. 102-486, title XV, Sec. 1502(a), Oct. 24, 1992, 106 Stat.

2997.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-486 amended section generally. Prior to

amendment, section read as follows: ''To the extent that any

provision of this subchapter applies to any act or omission, no

State or any political subdivision thereof may adopt, enforce, or

continue in effect any provision of any law or regulation

(including any remedy or penalty applicable to any violation

thereof) with respect to such act or omission, unless such

provision of such law or regulation is the same as the applicable

provision of this subchapter.''

-CITE-

15 USC SUBCHAPTER III - SUBSIDIZATION OF MOTOR FUEL

MARKETING 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 55 - PETROLEUM MARKETING PRACTICES

SUBCHAPTER III - SUBSIDIZATION OF MOTOR FUEL MARKETING

.

-HEAD-

SUBCHAPTER III - SUBSIDIZATION OF MOTOR FUEL MARKETING

-CITE-

15 USC Sec. 2841 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 55 - PETROLEUM MARKETING PRACTICES

SUBCHAPTER III - SUBSIDIZATION OF MOTOR FUEL MARKETING

-HEAD-

Sec. 2841. Study by Secretary of Energy

-STATUTE-

(a) Consultation with Chairman of Federal Trade Commission,

Attorney General, and other agencies deemed appropriate by

Secretary

The Secretary of Energy, in consultation with the Chairman of the

Federal Trade Commission and the Attorney General and other

agencies as the Secretary deems appropriate, shall conduct a study

of the extent to which producers, refiners, and other suppliers of

motor fuel subsidize the sale of such motor fuel at retail or

wholesale with profits obtained from other operations.

(b) Scope

Such study shall examine -

(1) the role of vertically integrated operations in

facilitating subsidization of sales of motor fuel at wholesale or

retail;

(2) the extent to which such subsidization is predatory and

presents a threat to competition;

(3) the profitability of various segments of the petroleum

industry;

(4) the impact of prohibiting such subsidization on the

competitive viability of various segments of the petroleum

industry, on prices of motor fuel to consumers and on the health

and structure of the petroleum industry as a whole; and

(5) such other matters as the Secretary considers appropriate.

(c) Notice to interested parties and opportunity to present written

and oral data, views and arguments

In conducting the study required by this section, the Secretary

shall give appropriate notice and afford interested persons an

opportunity to present written and oral data, views and arguments

concerning such study.

(d) Report to Congress; contents and time for submission;

Presidential promulgation of rules establishing interim

measures; submission date and duration of interim measures;

Congressional approval of interim measures

(1) The Secretary shall report the results of the study required

by this section, together with such recommendations for legislative

action and such statistical evidence as he deems appropriate to the

Congress on or before the expiration of the eighteenth month after

June 19, 1978.

(2) If the President determines that interim measures are

necessary and appropriate to maintain the competitive viability of

the marketing sector of the petroleum industry during Congressional

consideration of the recommendations contained in the report

submitted under paragraph (1), he shall prescribe, by rule, in

accordance with the procedures set forth in section 6393(a) of

title 42 such interim measures.

(3) No interim measure proposed by the President under this

section may be submitted after January 1, 1980, and the effect of

such measure if approved by the Congress under paragraph (4) may

not extend beyond 18 months after such Congressional approval.

(4) Such interim measure shall not take effect unless approved by

both Houses of Congress as if it were a contingency plan under

section 6422 of title 42: Provided, That the 60-day period referred

to in such section shall be extended to 90 days for purposes of

this section.

(e) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary to carry out the provisions of this section.

-SOURCE-

(Pub. L. 95-297, title III, Sec. 301, June 19, 1978, 92 Stat. 337.)

-CITE-