-CITE-

42 USC CHAPTER 93 - EMERGENCY ENERGY CONSERVATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 93 - EMERGENCY ENERGY CONSERVATION

-HEAD-

CHAPTER 93 - EMERGENCY ENERGY CONSERVATION

-MISC1-

Sec.

8501. Congressional findings and purposes.

(a) Findings.

(b) Purposes.

8502. Definitions.

SUBCHAPTER I - EMERGENCY ENERGY CONSERVATION PROGRAM

8511. National and State emergency conservation targets.

(a) Determination and publication of targets.

(b) Notification and publication of targets.

(c) Establishment of targets for Federal agencies.

(d) Review of targets.

(e) Determination and publication of actual

consumption nationally and State-by-State.

(f) Presidential authority not to be delegated.

8512. State emergency conservation plan.

(a) State emergency conservation plans.

(b) Conservation measures under State plans.

(c) Approval of State plans.

(d) State administration and enforcement.

(e) Civil penalty.

8513. Standby Federal conservation plan.

(a) Establishment of standby conservation plan.

(b) Implementation of standby conservation plan.

(c) Basis for findings.

(d) Submission of State emergency conservation

plan.

(e) State substitute emergency conservation

measures.

(f) State authority to administer plan.

(g) Presidential authority not to be delegated.

(h) Requirements of plan.

(i) Plan may not authorize weekend closings of

retail gasoline stations.

(j) Civil penalties.

8514. Judicial review.

(a) State actions.

(b) Repealed.

(c) Injunctive relief.

8515. Reports.

(a) Monitoring.

(b) Omitted.

SUBCHAPTER II - OTHER AUTOMOBILE FUEL PURCHASE MEASURES

8521. Minimum automobile fuel purchase measures.

(a) General rule.

(b) $7.00 to be applicable in case of 8-cylinder

vehicles.

(c) Applicability.

(d) Exemptions.

(e) Adjustment of minimum levels.

(f) Civil penalties.

(g) Administration and enforcement delegated to

States.

(h) Coordination with other law.

8522. Out-of-State vehicles to be exempted from odd-even

motor fuel purchase restrictions.

(a) General rule.

(b) "Odd-even fuel purchase plan" defined.

SUBCHAPTER III - STUDIES

8531. Study and report.

(a) Study of commercial and industrial storage of

fuel.

(b) Contents of report.

8532. Middle distillate monitoring program.

(a) Monitoring program.

(b) Report.

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

8541. Administration.

(a) Information.

(b) Effect on other laws.

(c) Termination.

-End-

-CITE-

42 USC Sec. 8501 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 93 - EMERGENCY ENERGY CONSERVATION

-HEAD-

Sec. 8501. Congressional findings and purposes

-STATUTE-

(a) Findings

The Congress finds that -

(1) serious disruptions have recently occurred in the gasoline

and diesel fuel markets of the United States;

(2) it is likely that such disruptions will recur;

(3) interstate commerce is significantly affected by those

market disruptions;

(4) an urgent need exists to provide for emergency conservation

and other measures with respect to gasoline, diesel fuel, home

heating oil, and other energy sources in potentially short supply

in order to cope with market disruptions and protect interstate

commerce; and

(5) up-to-date and reliable information concerning the supply

and demand of gasoline, diesel fuel, and other related data is

not available to the President, the Congress, or the public.

(b) Purposes

The purposes of this chapter are to -

(1) provide a means for the Federal Government, States, and

units of local government to establish emergency conservation

measures with respect to gasoline, diesel fuel, home heating oil,

and other energy sources which may be in short supply;

(2) establish other emergency measures to alleviate disruptions

in gasoline and diesel fuel markets;

(3) obtain data concerning such fuels; and

(4) protect interstate commerce.

-SOURCE-

(Pub. L. 96-102, title II, Sec. 201, Nov. 5, 1979, 93 Stat. 757.)

-MISC1-

EFFECTIVE DATE

Section 302 of Pub. L. 96-102 provided that: "The amendments made

by this Act [enacting this chapter, amending sections 6262, 6263,

and 6422 of this title, and enacting provisions set out as notes

under this section and section 6261 of this title] shall take

effect on the date of the enactment of this Act [Nov. 5, 1979]."

SHORT TITLE

Section 1(a) of Pub. L. 96-102 provided that: "This Act [enacting

this chapter, amending sections 6261, 6262, 6263, and 6422 of this

title, and enacting provisions set out as notes under this section

and section 6261 of this title] may be cited as the 'Emergency

Energy Conservation Act of 1979'."

CONGRESSIONAL FINDINGS

Section 101 of Pub. L. 96-102 provided that: "The Congress finds

that -

"(1) a standby rationing plan for gasoline and diesel fuel

should provide, to the maximum extent practicable, that the

burden of reduced supplies of gasoline and diesel fuel be shared

by all persons in a fair and equitable manner and that the

economic and social impacts of such plan be minimized; and

"(2) such a plan should be sufficiently flexible to respond to

changed conditions and sufficiently simple to be effectively

administered and enforced."

FUNDING FOR FISCAL YEARS 1979 AND 1980

Section 301 of Pub. L. 96-102 provided that: "For purposes of any

law relating to appropriations or authorizations for appropriations

as such law relates to the fiscal year ending September 30, 1979,

or the fiscal year ending September 30, 1980, the provisions of

this Act (including amendments made by this Act) [see Short Title

note above] shall be treated as if it were a contingency plan under

section 202 or 203 of the Energy Policy and Conservation Act

[former sections 6262 and 6263 of this title] which was approved in

accordance with the procedures under that Act [see Short Title note

set out under section 6201 of this title] or as otherwise provided

by law, and funds made available pursuant to such appropriations

shall be available to carry out the provisions of this Act and the

amendments made by this Act."

-End-

-CITE-

42 USC Sec. 8502 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 93 - EMERGENCY ENERGY CONSERVATION

-HEAD-

Sec. 8502. Definitions

-STATUTE-

For purposes of this chapter -

(1) The term "severe energy supply interruption", when used

with respect to motor fuel or any other energy source, means a

national energy supply shortage of such energy source which the

President determines -

(A) is, or is likely to be, of significant scope and

duration;

(B) may cause major adverse impact on national security or

the national economy; and

(C) results, or is likely to result, from an interruption in

the energy supplies of the United States, including supplies of

imported petroleum products, or from sabotage or an act of God.

(2) The term "international energy program" has the meaning

given that term in section 6202(7) of this title.

(3) The term "motor fuel" means gasoline and diesel fuel.

(4) The term "person" includes (A) any individual, (B) any

corporation, company, association, firm, partnership, society,

trust, joint venture, or joint stock company, and (C) the

government or any agency of the United States or any State or

political subdivision thereof.

(5) The term "vehicle" means any vehicle propelled by motor

fuel and manufactured primarily for use on public streets, roads,

and highways.

(6) The term "Secretary" means the Secretary of Energy.

(7) The term "Governor" means the chief executive officer of a

State.

(8) The term "State" means a State, the District of Columbia,

the Commonwealth of Puerto Rico, or any territory or possession

of the United States.

-SOURCE-

(Pub. L. 96-102, title II, Sec. 202, Nov. 5, 1979, 93 Stat. 757.)

-End-

-CITE-

42 USC SUBCHAPTER I - EMERGENCY ENERGY CONSERVATION

PROGRAM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 93 - EMERGENCY ENERGY CONSERVATION

SUBCHAPTER I - EMERGENCY ENERGY CONSERVATION PROGRAM

-HEAD-

SUBCHAPTER I - EMERGENCY ENERGY CONSERVATION PROGRAM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 8511 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 93 - EMERGENCY ENERGY CONSERVATION

SUBCHAPTER I - EMERGENCY ENERGY CONSERVATION PROGRAM

-HEAD-

Sec. 8511. National and State emergency conservation targets

-STATUTE-

(a) Determination and publication of targets

(1) Whenever the President finds, with respect to any energy

source for which the President determines a severe energy supply

interruption exists or is imminent or that actions to restrain

domestic energy demand are required in order to fulfill the

obligations of the United States under the international energy

program, the President, in furtherance of the purposes of this

chapter, may establish monthly emergency conservation targets for

any such energy source for the Nation generally and for each State.

(2) Any finding of the President under paragraph (1) shall be

promptly transmitted to the Congress, accompanied by such

information and analysis as is necessary to provide the basis for

such finding, and shall be disseminated to the public.

(3)(A) The State conservation target for any energy source shall

be equal to (i) the State base period consumption reduced by (ii) a

uniform national percentage.

(B) For the purposes of this subsection, the term "State base

period consumption" means, for any month, the product of the

following factors, as determined by the President:

(i) the consumption of the energy source for which a target is

established during the corresponding month in the 12-month period

prior to the first month for which the target is established; and

(ii) a growth adjustment factor, which shall be determined on

the basis of the trends in the use in that State of such energy

source during the 36-month period prior to the first month for

which the target is established.

(C)(i) The President shall adjust, to the extent he determines

necessary, any State base period consumption to insure that

achievement of a target established for that State under this

subsection will not impair the attainment of the objectives of

section 753(b)(1) (!1) of title 15.

(ii) The President may, to the extent he determines appropriate,

further adjust any State base period consumption to reflect -

(I) reduction in energy consumption already achieved by energy

conservation programs;

(II) energy shortages which may affect energy consumption; and

(III) variations in weather from seasonal norms.

(D) For purposes of this subsection, the uniform national

percentage shall be designed by the President to minimize the

impact on the domestic economy of the projected shortage in the

energy source for which a target is established by saving an amount

of such energy source equivalent to the projected shortage, taking

into consideration such other factors related to that shortage as

the President considers appropriate.

(b) Notification and publication of targets

The President shall notify the Governor of each State of each

target established under subsection (a) of this section for that

State, and shall publish in the Federal Register, the targets, the

base period consumption for each State and other data on which the

targets are based, and the factors considered under subsection

(a)(3) of this section.

(c) Establishment of targets for Federal agencies

In connection with the establishment of any national target under

subsection (a) of this section the President shall make effective

an emergency energy conservation plan for the Federal Government,

which plan shall be designed to achieve an equal or greater

reduction in use of the energy source for which a target is

established than the national percentage referred to in subsection

(a)(3)(D) of this section. Such plan shall contain measures which

the President will implement, in accordance with other applicable

provisions of law, to reduce on an emergency basis the use of

energy by the Federal Government. In developing such plan the

President shall consider the potential for emergency reductions in

energy use -

(1) by buildings, facilities, and equipment owned, leased, or

under contract by the Federal Government; and

(2) by Federal employees and officials through increased use of

car and van pooling, preferential parking for multipassenger

vehicles, and greater use of mass transit.

(d) Review of targets

(1) From time to time, the President shall review and, consistent

with subsection (a) of this section, modify to the extent the

President considers appropriate the national and State energy

conservation targets established under this subsection.

(2) Any modification under this paragraph shall be accompanied by

such information and analysis as is necessary to provide the basis

therefor and shall be available to the Congress and the public.

(3)(A) Before the end of the 12th month following the

establishment of any conservation target under this section, and

annually thereafter while such target is in effect, the President

shall determine, for the energy source for which that target was

established, whether a severe energy supply interruption exists or

is imminent or that actions to restrain domestic energy demand are

required in order to fulfill the obligations of the United States

under the international energy program. The President shall

transmit to the Congress and make public the information and other

data on which any determination under this subparagraph is based.

(B) If the President determines such an energy supply

interruption does not exist or is not imminent or such actions are

not required, the conservation targets established under this

section with respect to such energy source shall cease to be

effective.

(e) Determination and publication of actual consumption nationally

and State-by-State

Each month the Secretary shall determine and publish in the

Federal Register (1) the level of consumption for the most recent

month for which the President determines accurate data is

available, nationally and for each State, of any energy source for

which a target under subsection (a) of this section is in effect,

and (2) whether the targets under subsection (a) of this section

have been substantially met or are likely to be met.

(f) Presidential authority not to be delegated

Notwithstanding any other provision of law, the authority vested

in the President under this section may not be delegated.

-SOURCE-

(Pub. L. 96-102, title II, Sec. 211, Nov. 5, 1979, 93 Stat. 758.)

-REFTEXT-

REFERENCES IN TEXT

Section 753 of title 15, referred to in subsec. (a)(3)(C)(i), was

omitted from the Code pursuant to section 760g of Title 15,

Commerce and Trade, which provided for the expiration of the

President's authority under that section on Sept. 30, 1981.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under subsec. (d)(3)(A) of this section is

listed in the 19th item on page 19), see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8512, 8513, 8514, 8541 of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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42 USC Sec. 8512 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 93 - EMERGENCY ENERGY CONSERVATION

SUBCHAPTER I - EMERGENCY ENERGY CONSERVATION PROGRAM

-HEAD-

Sec. 8512. State emergency conservation plan

-STATUTE-

(a) State emergency conservation plans

(1)(A) Not later than 45 days after the date of the publication

of an energy conservation target for a State under section 8511(b)

of this title, the Governor of that State shall submit to the

Secretary a State emergency conservation plan designed to meet or

exceed the emergency conservation target in effect for that State

under section 8511(a) of this title. Such plan shall contain such

information as the Secretary may reasonably require. At any time,

the Governor may, with the approval of the Secretary, amend a plan

established under this section.

(B) The Secretary may, for good cause shown, extend to a specific

date the period for the submission of any State's plan under

subparagraph (A) if the Secretary publishes in the Federal Register

notice of that extension together with the reasons therefor.

(2) Each State is encouraged to submit to the Secretary a State

emergency conservation plan as soon as possible after November 5,

1979, and in advance of such publication of any such target. The

Secretary may tentatively approve such a plan in accordance with

the provisions of this section. For the purposes of this subchapter

such tentative approval shall not be construed to result in a

delegation of Federal authority to administer or enforce any

measure contained in a State plan.

(b) Conservation measures under State plans

(1) Each State emergency conservation plan under this section

shall provide for emergency reduction in the public and private use

of each energy source for which an emergency conservation target is

in effect under section 8511 of this title. Such State plan shall

contain adequate assurances that measures contained therein will be

effectively implemented in that State. Such plan may provide for

reduced use of that energy source through voluntary programs or

through the application of one or more of the following measures

described in such plan:

(A) measures which are authorized under the laws of that State

and which will be administered and enforced by officers and

employees of the State (or political subdivisions of the State)

pursuant to the laws of such State (or political subdivisions);

and

(B) measures -

(i) which the Governor requests, and agrees to assume, the

responsibility for administration and enforcement in accordance

with subsection (d) of this section;

(ii) which the attorney general of that State has found that

(I) absent a delegation of authority under Federal law, the

Governor lacks the authority under the laws of the State to

invoke, (II) under applicable State law, the Governor and other

appropriate State officers and employees are not prevented from

administering and enforcing under a delegation of authority

pursuant to Federal law; and (III) if implemented, would not be

contrary to State law; and

(iii) which either the Secretary determines are contained in

the standby Federal conservation plan established under section

8513 of this title or are approved by the Secretary, in his

discretion.

(2) In the preparation of such plan (and any amendment to the

plan) the Governor shall, to the maximum extent practicable,

provide for consultation with representatives of affected

businesses and local governments and provide an opportunity for

public comment.

(3) Any State plan submitted to the Secretary under this section

may permit persons affected by any measure in such plan to use

alternative means of conserving at least as much energy as would be

conserved by such measure. Such plan shall provide an effective

procedure, as determined by the Secretary, for the approval and

enforcement of such alternative means by such State or by any

political subdivision of such State.

(c) Approval of State plans

(1) As soon as practicable after the date of the receipt of any

State plan, but in no event later than 30 days after such date, the

Secretary shall review such plan and shall approve it unless the

Secretary finds -

(A) that, taken as a whole, the plan is not likely to achieve

the emergency conservation target established for that State

under section 8511(a) of this title for each energy source

involved,

(B) that, taken as a whole, the plan is likely to impose an

unreasonably disproportionate share of the burden of restrictions

of energy use on any specific class of industry, business, or

commercial enterprise, or any individual segment thereof,

(C) that the requirements of this subchapter regarding the plan

have not been met, or

(D) that a measure described in subsection (b)(1) of this

section is -

(i) inconsistent with any otherwise applicable Federal law

(including any rule or regulation under such law),

(ii) an undue burden on interstate commerce, or

(iii) a tax, tariff, or user fee not authorized by State law.

(2) Any measure contained in a State plan shall become effective

in that State on the date the Secretary approves the plan under

this subsection or such later date as may be prescribed in, or

pursuant to, the plan.

(d) State administration and enforcement

(1) The authority to administer and enforce any measure described

in subsection (b)(1)(B) of this section which is in a State plan

approved under this section is hereby delegated to the Governor of

the State and the other State and local officers and employees

designated by the Governor. Such authority includes the authority

to institute actions on behalf of the United States for the

imposition and collection of civil penalties under subsection (e)

of this section.

(2) All delegation of authority under paragraph (1) with respect

to any State shall be considered revoked effective upon a

determination by the President that such delegation should be

revoked, but only to the extent of that determination.

(3) If at any time the conditions of subsection (b)(1)(B)(ii) of

this section are no longer satisfied in any State with respect to

any measure for 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.

(4) Any revocation under paragraph (2) or (3) 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 upon any act committed or liability incurred prior

to such revocation.

(e) Civil penalty

(1) Whoever violates the requirements of any measure described in

subsection (b)(1)(B) of this section which is in a State plan in

effect under this section shall be subject to a civil penalty of

not to exceed $1,000 for each violation.

(2) Any penalty under paragraph (1) may be assessed by the court

in any action 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 measures the authority for

which is delegated under subsection (d) of this section.

-SOURCE-

(Pub. L. 96-102, title II, Sec. 212, Nov. 5, 1979, 93 Stat. 759.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8513, 8514 of this title.

-End-

-CITE-

42 USC Sec. 8513 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 93 - EMERGENCY ENERGY CONSERVATION

SUBCHAPTER I - EMERGENCY ENERGY CONSERVATION PROGRAM

-HEAD-

Sec. 8513. Standby Federal conservation plan

-STATUTE-

(a) Establishment of standby conservation plan

(1) Within 90 days after November 5, 1979, the Secretary, in

accordance with section 7191 of this title, shall establish a

standby Federal emergency conservation plan. The Secretary may

amend such plan at any time, and shall make such amendments public

upon their adoption.

(2) The plan under this section shall be consistent with the

attainment of the objectives of section 753(b)(1) (!1) of title 15,

and shall provide for the emergency reduction in the public and

private use of each energy source for which an emergency

conservation target is in effect or may be in effect under section

8511 of this title.

(b) Implementation of standby conservation plan

(1) If the President finds -

(A) after a reasonable period of operation, but not less than

90 days, that a State emergency conservation plan approved and

implemented under section 8512 of this title is not substantially

meeting a conservation target established under section 8511(a)

of this title for such State and it is likely that such target

will continue to be unmet; and

(B) a shortage exists or is likely to exist in such State for

the 60-day period beginning after such finding that is equal to

or greater than 8 percent of the projected normal demand, as

determined by the President, for an energy source for which such

conservation target has been established under section 8511(a) of

this title;

then the President shall, after consultation with the Governor of

such State, make effective in such State all or any part of the

standby Federal conservation plan established under subsection (a)

of this section for such period or periods as the President

determines appropriate to achieve the target in that State.

(2) If the President finds after a reasonable period of time,

that the conservation target established under section 8511(a) of

this title is not being substantially met and it is likely that

such target will continue to be unmet in a State which -

(A) has no emergency conservation plan approved under section

8512 of this title; or

(B) the President finds has substantially failed to carry out

the assurances regarding implementation set forth in the plan

approved under section 8512 of this title,

then the President shall, after consultation with the Governor of

such State, make effective in such State all or any part of the

standby Federal conservation plan established under subsection (a)

of this section for such period or periods as the President

determines appropriate to achieve the target in that State.

(c) Basis for findings

Any finding under subsection (b) of this section shall be

accompanied by such information and analysis as is necessary to

provide a basis therefor and shall be available to the Congress and

the public.

(d) Submission of State emergency conservation plan

(1) (!2) The Governor of a State in which all or any portion of

the standby Federal conservation plan is or will be in effect may

submit at any time a State emergency conservation plan, and if it

is approved under section 8512(c) of this title, all or such

portion of the standby Federal conservation plan shall cease to be

effective in that State. Nothing in this paragraph shall affect any

action or pending proceedings, administrative or civil, not finally

determined on such date, nor any administrative or civil action or

proceeding, whether or not pending, based upon any act committed or

liability incurred prior to such cessation of effectiveness.

(e) State substitute emergency conservation measures

(1) After the President makes all or any part of the standby

Federal conservation plan effective in any State or political

subdivision under subsection (b) of this section, the Secretary

shall provide procedures whereby such State or any political

subdivision thereof may submit to the Secretary for approval one or

more measures under authority of State or local law to be

implemented by such State or political subdivision and to be

substituted for any Federal measure in the Federal plan. The

measures may include provisions whereby persons affected by such

Federal measure are permitted to use alternative means of

conserving at least as much energy as would be conserved by such

Federal measure. Such measures shall provide effective procedures,

as determined by the Secretary, for the approval and enforcement of

such alternative means by such State or by any political

subdivision thereof.

(2) The Secretary may approve the measures under paragraph (1) if

he finds -

(A) that such measures when in effect will conserve at least as

much energy as would be conserved by such Federal measure which

would have otherwise been in effect in such State or political

subdivision;

(B) such measures otherwise meet the requirements of this

paragraph; and

(C) such measures would be approved under section

8512(c)(1)(B), (C), and (D) of this title.

(3) If the Secretary approves measures under this subsection such

Federal measure shall cease to be effective in that State or

political subdivision. Nothing in this paragraph shall affect any

action or pending proceedings, administrative or civil, not finally

determined on the date the Federal measure ceases to be effective

in that State or political subdivision, nor any administrative or

civil action or proceeding, whether or not pending, based upon any

act committed or liability incurred prior to such cessation of

effectiveness.

(4) If the Secretary finds after a reasonable period of time that

the requirements of this subsection are not being met under the

measures in effect under this subsection he may reimpose the

Federal measure referred to in paragraph (1).

(f) State authority to administer plan

At the request of the Governor of any State, the President may

provide that the administration and enforcement of all or a portion

of the standby Federal conservation plan made effective in that

State under subsection (b) of this section be in accordance with

section 8512(d)(1), (2), and (4) of this title.

(g) Presidential authority not to be delegated

Notwithstanding any other provision of law (other than subsection

(f) of this section), the authority vested in the President under

this section may not be delegated.

(h) Requirements of plan

The plan established under subsection (a) of this section shall -

(1) taken as a whole, be designed so that the plan, if

implemented, would be likely to achieve the emergency

conservation target under section 8511 of this title for which it

would be implemented,

(2) taken as a whole, be designed so as not to impose an

unreasonably disproportionate share of the burden of restrictions

on energy use on any specific class of industry, business, or

commercial enterprise, or any individual segment thereof, and

(3) not contain any measure which the Secretary finds -

(A) is inconsistent with any otherwise applicable Federal law

(including any rule or regulation under such law),

(B) is an undue burden on interstate commerce,

(C) is a tax, tariff, or user fee, or

(D) is a program for the assignment of rights for end-user

purchases of gasoline or diesel fuel, as described in section

6263(a)(1)(A) and (B) (!3) of this title.

(i) Plan may not authorize weekend closings of retail gasoline

stations

(1) Except as provided in paragraph (2), the plan established

under subsection (a) of this section may not provide for the

restriction of hours of sale of motor fuel at retail at any time

between Friday noon and Sunday midnight.

(2) Paragraph (1) shall not preclude the restriction on such

hours of sale if that restriction occurs in connection with a

program for restricting hours of sale of motor fuel each day of the

week on a rotating basis.

(j) Civil penalties

(1) Whoever violates the requirements of such a plan implemented

under subsection (b) of this section shall be subject to a civil

penalty not to exceed $1,000 for each violation.

(2) Any penalty under paragraph (1) may be assessed by the court

in any action brought in any appropriate United States district

court or any other court of competent jurisdiction. Except to the

extent provided under 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 that portion of the standby

Federal conservation plan for which authority is delegated to that

State under subsection (f) of this section.

-SOURCE-

(Pub. L. 96-102, title II, Sec. 213, Nov. 5, 1979, 93 Stat. 762.)

-REFTEXT-

REFERENCES IN TEXT

Section 753 of title 15, referred to in subsec. (a)(2), was

omitted from the Code pursuant to section 760g of Title 15,

Commerce and Trade, which provided for the expiration of the

President's authority under that section on Sept. 30, 1981.

Section 6263 of this title, referred to in subsec. (h)(3)(D), was

repealed by Pub. L. 106-469, title I, Sec. 104(1), Nov. 9, 2000,

114 Stat. 2033.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8512, 8514, 8541 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. No par. (2) has been enacted.

(!3) See References in Text note below.

-End-

-CITE-

42 USC Sec. 8514 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 93 - EMERGENCY ENERGY CONSERVATION

SUBCHAPTER I - EMERGENCY ENERGY CONSERVATION PROGRAM

-HEAD-

Sec. 8514. Judicial review

-STATUTE-

(a) State actions

(1) Any State may institute an action in the appropriate district

court of the United States, including actions for declaratory

judgment, for judicial review of -

(A) any target established by the President under section

8511(a) of this title;

(B) any finding by the President under section 8513(b)(1)(A) of

this title, relating to the achievement of the emergency energy

conservation target of such State, or 8513(b)(2) of this title,

relating to the achievement of the emergency energy conservation

target of such State or the failure to carry out the assurances

regarding implementation contained in an approved plan of such

State; or

(C) any determination by the Secretary disapproving a State

plan under section 8512(c) of this title, including any

determination by the Secretary under section 8512(c)(1)(B) of

this title that the plan is likely to impose an unreasonably

disproportionate share of the burden of restrictions of energy

use on any specific class of industry, business, or commercial

enterprise, or any individual segment thereof.

Such action shall be barred unless it is instituted within 30

calendar days after the date of publication of the establishment of

a target referred to in subparagraph (A), the finding by the

President referred to in subparagraph (B), or the determination by

the Secretary referred to in subparagraph (C), as the case may be.

(2) The district court shall determine the questions of law and

upon such determination certify such questions immediately to the

United States court of appeals for the circuit involved, which

shall hear the matter sitting en banc.

(3) Any decision by such court of appeals on a matter certified

under paragraph (2) shall be reviewable by the Supreme Court upon

attainment of a writ of certiorari. Any petition for such a writ

shall be filed no later than 20 days after the decision of the

court of appeals.

(b) Repealed. Pub. L. 98-620, title IV, Sec. 402(42), Nov. 8, 1984,

98 Stat. 3360

(c) Injunctive relief

With respect to judicial review under subsection (a)(1)(A) of

this section, the court shall not have jurisdiction to grant any

injunctive relief except in conjunction with a final judgment

entered in the case.

-SOURCE-

(Pub. L. 96-102, title II, Sec. 214, Nov. 5, 1979, 93 Stat. 764;

Pub. L. 98-620, title IV, Sec. 402(42), Nov. 8, 1984, 98 Stat.

3360.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-620 struck out subsec. (b) which

required the court of appeals to advance on the docket and to

expedite to the greatest possible extent the disposition of any

matter certified under subsec. (a)(2).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

-End-

-CITE-

42 USC Sec. 8515 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 93 - EMERGENCY ENERGY CONSERVATION

SUBCHAPTER I - EMERGENCY ENERGY CONSERVATION PROGRAM

-HEAD-

Sec. 8515. Reports

-STATUTE-

(a) Monitoring

The Secretary shall monitor the implementation of State emergency

conservation plans and of the standby Federal conservation plan and

make such recommendations to the Governor of each affected State as

he deems appropriate for modification to such plans.

(b) Omitted

-SOURCE-

(Pub. L. 96-102, title II, Sec. 215, Nov. 5, 1979, 93 Stat. 765.)

-COD-

CODIFICATION

Subsec. (b) of this section, which required the President to

report annually to Congress on any activities undertaken pursuant

to this subchapter, terminated, effective May 15, 2000, pursuant to

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance. See, also, the 20th

item on page 19 of House Document No. 103-7.

-End-

-CITE-

42 USC SUBCHAPTER II - OTHER AUTOMOBILE FUEL PURCHASE

MEASURES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 93 - EMERGENCY ENERGY CONSERVATION

SUBCHAPTER II - OTHER AUTOMOBILE FUEL PURCHASE MEASURES

-HEAD-

SUBCHAPTER II - OTHER AUTOMOBILE FUEL PURCHASE MEASURES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 8521 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 93 - EMERGENCY ENERGY CONSERVATION

SUBCHAPTER II - OTHER AUTOMOBILE FUEL PURCHASE MEASURES

-HEAD-

Sec. 8521. Minimum automobile fuel purchase measures

-STATUTE-

(a) General rule

If the provisions of this subsection are made applicable under

subsection (c) of this section, no person shall purchase motor fuel

from a motor fuel retailer in any transaction for use in any

automobile or other vehicle unless -

(1) the price for the quantity purchased and placed into the

fuel tank of that vehicle equals or exceeds $5.00; or

(2) in any case in which the amount paid for the quantity of

motor fuel necessary to fill the fuel tank of that vehicle to

capacity is less than $5.00, such person pays to the retailer an

additional amount so that the total amount paid in that

transaction equals $5.00.

Any person selling motor fuel in transactions to which the

provisions of this subsection apply shall display at the point of

sale notice of such provisions in accordance with regulations

prescribed by the Secretary.

(b) $7.00 to be applicable in case of 8-cylinder vehicles

In applying subsection (a) of this section in the case of any

vehicle with an engine having 8 cylinders (or more), "$7.00" shall

be substituted for "$5.00".

(c) Applicability

(1) Unless applicable pursuant to paragraph (2), the requirements

of subsection (a) of this section shall apply in any State and

shall be administered and enforced as provided in subsection (g) of

this section only if -

(A) the Governor of that State submits a request to the

Secretary to have such requirements applicable in that State; and

(B) the attorney general of that State has found that (i)

absent a delegation of authority under a Federal law, the

Governor lacks the authority under the laws of the State to

invoke comparable requirements, (ii) under applicable State law,

the Governor and other appropriate State officers and employees

are not prevented from administering and enforcing such

requirements under a delegation of authority pursuant to Federal

law, and (iii) if implemented such requirements would not be

contrary to State law.

Subject to paragraph (2), such provisions shall cease to apply in

any State if the Governor of the State withdraws any request under

subparagraph (A).

(2) The requirements of subsection (a) of this section shall

apply in every State if there is in effect a finding by the

President that nationwide implementation of such requirements would

be appropriate and consistent with the purposes of this chapter.

(3) Such requirements shall take effect in any State beginning on

the 5th day after the Secretary or the President (as the case may

be) publishes notice in the Federal Register of the applicability

of the requirements to the State pursuant to paragraph (1) or (2).

(4) Notwithstanding any other provision of law, the authority

vested in the President under paragraph (2) may not be delegated.

(d) Exemptions

The requirements of subsection (a) of this section shall not

apply to any motorcycle or motorpowered bicycle, or to any

comparable vehicle as may be determined by the Secretary by

regulation.

(e) Adjustment of minimum levels

The Secretary may increase the $5.00 and $7.00 amounts specified

in subsections (a) and (b) of this section if the Secretary

considers it appropriate. Adjustments under this subsection shall

be only in even dollar amounts.

(f) Civil penalties

(1) Whoever violates the requirements of subsection (a) of this

section shall be subject to a civil penalty of not to exceed $100

for each violation.

(2) Any penalty under paragraph (1) may be assessed by the court

in any action under this section brought in any appropriate United

States district court or any other court of competent jurisdiction.

Except to the extent provided in paragraph (3), any such penalty

collected shall be deposited into the general fund of the United

States Treasury as miscellaneous receipts.

(3) The Secretary may enter into an agreement with the Governor

of any State under which amounts collected pursuant to this

subsection may be collected and retained by the State to the extent

necessary to cover costs incurred by that State in connection with

the administration and enforcement of the requirements of

subsection (a) of this section the authority for which is delegated

under subsection (g) of this section.

(g) Administration and enforcement delegated to States

(1) There is hereby delegated to the Governor of any State, and

other State and local officers and employees designated by the

Governor, the authority to administer and enforce, within that

State, any provision of this subchapter which is to be administered

and enforced in accordance with this section. Such authority

includes the authority to institute actions on behalf of the United

States for the imposition and collection of civil penalties under

subsection (f) of this section.

(2)(A) All delegation of authority under paragraph (1) with

respect to any State shall be considered revoked effective (i) upon

the receipt of a written waiver of authority signed by the Governor

of such State or (ii) upon a determination by the President that

such delegation should be revoked, but only to the extent of that

determination.

(B) If at any time the conditions of subsection (c)(1)(B) of this

section are no longer satisfied in any State to which a delegation

has been made under paragraph (1), the attorney general of that

State shall transmit a written statement to that effect to the

Governor of that State and to the President. Such delegation shall

be considered revoked effective upon receipt by the President of

such written statement and a determination by the President that

such conditions are no longer satisfied, but only to the extent of

that determination and consistent with such attorney general's

statement.

(C) Any revocation under subparagraph (A) or (B) shall not affect

any action or pending proceedings, administrative or civil, not

finally determined on the date of such revocation, nor any

administrative or civil action or proceeding, whether or not

pending, based on any act committed or liability incurred prior to

such revocation.

(D) The Secretary shall administer and enforce any provision of

this subchapter which has been made effective under subsection

(c)(2) of this section and for which a delegation of authority is

considered revoked under subparagraph (A).

(h) Coordination with other law

The charging and collecting of amounts referred to in subsection

(a)(2) of this section under the requirements of subsection (a) of

this section, or similar amounts collected under comparable

requirements under any State law, shall not be considered a

violation of -

(1) the Emergency Petroleum Allocation Act of 1973 (!1) [15

U.S.C. 751 et seq.] or any regulation thereunder; or

(2) any Federal or State law requiring the labeling or

disclosure of the maximum price per gallon of any fuel.

-SOURCE-

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

-REFTEXT-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 8522 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 93 - EMERGENCY ENERGY CONSERVATION

SUBCHAPTER II - OTHER AUTOMOBILE FUEL PURCHASE MEASURES

-HEAD-

Sec. 8522. Out-of-State vehicles to be exempted from odd-even motor

fuel purchase restrictions

-STATUTE-

(a) General rule

Notwithstanding any provision of any Federal, State, or local

law, any odd-even fuel purchase plan in effect in any State may not

prohibit the sale of motor fuel to any person for use in a vehicle

bearing a license plate issued by any authority other than that

State or a State contiguous to that State.

(b) "Odd-even fuel purchase plan" defined

For purposes of this section the term "odd-even fuel purchase

plan" means any motor fuel sales restriction under which a person

may purchase motor fuel for use in any vehicle only on days (or

other periods of time) determined on the basis of a number or

letter appearing on the license plate of that vehicle (or on any

similar basis).

-SOURCE-

(Pub. L. 96-102, title II, Sec. 222, Nov. 5, 1979, 93 Stat. 767.)

-End-

-CITE-

42 USC SUBCHAPTER III - STUDIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 93 - EMERGENCY ENERGY CONSERVATION

SUBCHAPTER III - STUDIES

-HEAD-

SUBCHAPTER III - STUDIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 8531 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 93 - EMERGENCY ENERGY CONSERVATION

SUBCHAPTER III - STUDIES

-HEAD-

Sec. 8531. Study and report

-STATUTE-

(a) Study of commercial and industrial storage of fuel

Not later than 180 days after November 5, 1979, the Secretary

shall conduct a study and report to the Congress regarding the

commercial and industrial storage of gasoline and middle

distillates (other than storage in facilities which have capacities

of less than 500 gallons or storage used exclusively and directly

for agricultural, residential, petroleum refining, or pipeline

transportation purposes).

(b) Contents of report

Such report shall -

(1) indicate to what extent storage activities have increased

since November 1, 1978, and what business establishments

(including utilities) have been involved;

(2) the estimated amount of gasoline and middle distillates (in

the aggregate and by type and region) which are in storage within

the United States at the time of the study, the amounts which

were in storage at the same time during the calendar year

preceding the study, and the purposes for which such storage is

maintained; and

(3) contain such findings and recommendations for legislation

and administrative action as the Secretary considers appropriate,

including recommendations for improving the availability and

quality of data concerning such storage.

-SOURCE-

(Pub. L. 96-102, title II, Sec. 241, Nov. 5, 1979, 93 Stat. 768.)

-End-

-CITE-

42 USC Sec. 8532 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 93 - EMERGENCY ENERGY CONSERVATION

SUBCHAPTER III - STUDIES

-HEAD-

Sec. 8532. Middle distillate monitoring program

-STATUTE-

(a) Monitoring program

(1) Not later than 60 days after November 5, 1979, the Secretary

shall establish and maintain a data collection program for

monitoring, at the refining, wholesale, and retail levels, the

supply and demand levels of middle distillates on a periodic basis

in each State.

(2) The program to be established under paragraph (1) shall

provide for -

(A) the prompt collection of relevant demand and supply data

under the authority available to the Secretary under other law;

and

(B) the submission to Congress of periodic reports each

containing a concise narrative analysis of the most recent data

which the Secretary determines are accurate, and a discussion on

a State-by-State basis of trends in such data which the Secretary

determines are significant.

(3) All data and information collected under this program shall

be available to the Congress and committees of the Congress, and,

in accordance with otherwise applicable law, to appropriate State

and Federal agencies and the public.

(4) Nothing in this subsection authorizes the direct or indirect

regulation of the price of any middle distillate.

(5) For purposes of this section, the term "middle distillate"

has the same meaning as given that term in section 211.51 of title

10, Code of Federal Regulations, as in effect on November 5, 1979.

(b) Report

Before December 31, 1979, the President shall submit a report to

Congress in which the President shall examine the middle distillate

situation, summarizing the data, information, and analyses

described in subsection (a) of this section and discussing in

detail matters required to be addressed in findings made pursuant

to section 760a(d)(1) (!1) of title 15.

-SOURCE-

(Pub. L. 96-102, title II, Sec. 242, Nov. 5, 1979, 93 Stat. 768.)

-REFTEXT-

REFERENCES IN TEXT

Section 760a of title 15, referred to in subsec. (b), was omitted

from the Code pursuant to section 760g of Title 15, Commerce and

Trade, which provided for the expiration of the President's

authority under that section on Sept. 30, 1981.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 93 - EMERGENCY ENERGY CONSERVATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

-HEAD-

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 8541 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 93 - EMERGENCY ENERGY CONSERVATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 8541. Administration

-STATUTE-

(a) Information

(1) The Secretary shall use the authority provided under section

796 of title 15 for the collection of such information as may be

necessary for the enforcement of the provisions of subchapters I

and II of this chapter.

(2) In carrying out his responsibilities under this chapter, the

Secretary shall insure that timely and adequate information

concerning the supplies, pricing, and distribution of motor fuels

(and other energy sources which are the subject of targets in

effect under section 8511 of this title) is obtained, analyzed, and

made available to the public. Any Federal agency having

responsibility for collection of such information under any other

authority shall cooperate fully in facilitating the collection of

such information.

(b) Effect on other laws

No State law or State program in effect on November 5, 1979, or

which may become effective thereafter, shall be superseded by any

provision of this chapter, or any rule, regulation, or order

thereunder, except insofar as such State law or State program is in

conflict with any such provision of section 8513 or 8521 of this

title (or any rule, regulation, or order under this subchapter

relating thereto) in any case in which measures have been

implemented in that State under the authority of section 8513 or

8521 of this title (as the case may be).

(c) Termination

(1) The provisions of subchapters I, II, III, and IV of this

chapter, including any actions taken thereunder, shall cease to

have effect on July 1, 1983.

(2) Such expiration shall not affect any action or pending

proceeding, administrative or civil, not finally determined on such

date, nor any administrative or civil action or proceeding, whether

or not pending, based upon any act committed or liability incurred

prior to such expiration date.

-SOURCE-

(Pub. L. 96-102, title II, Sec. 251, Nov. 5, 1979, 93 Stat. 769.)

-End-