42 U.S.C. § 8515 — Reports

Page 7623 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8521 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 ques- tions of law and upon such determination cer- tify 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 re- viewable 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 (b) Repealed.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, § 402(42), Nov. 8, 1984, 98 Stat. 3360 (c) Injunctive relief With respect to judicial review under sub- section (a)(1)(A), the court shall not have juris- diction to grant any injunctive relief except in conjunction with a final judgment entered in the case. (Pub. L. 96–102, title II, § 214, Nov. 5, 1979, 93 Stat. 764; Pub. L. 98–620, title IV, § 402(42), Nov. 8, 1984, 98 Stat. 3360.) Editorial Notes 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). Statutory Notes and Related Subsidiaries 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. § 8515. Reports (a) Monitoring The Secretary shall monitor the implementa- tion 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 (Pub. L. 96–102, title II, § 215, Nov. 5, 1979, 93 Stat. 765.) Editorial Notes CODIFICATION Subsec. (b) of this section, which required the Presi- dent 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. SUBCHAPTER II—OTHER AUTOMOBILE FUEL PURCHASE MEASURES § 8521. Minimum automobile fuel purchase meas- ures (a) General rule If the provisions of this subsection are made applicable under subsection (c), no person shall purchase motor fuel from a motor fuel retailer in any transaction for use in any automobile or other vehicle unless— (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 pre- scribed by the Secretary. (b) $7.00 to be applicable in case of 8-cylinder ve- hicles In applying subsection (a) in the case of any vehicle with an engine having 8 cylinders (or more), ‘‘$7.00’’ shall be substituted for ‘‘$5.00’’. (c) Applicability (1) Unless applicable pursuant to paragraph (2), the requirements of subsection (a) shall apply in any State and shall be administered and enforced as provided in subsection (g) only if— (A) the Governor of that State submits a re- quest to the Secretary to have such require- ments 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 in- voke comparable requirements, (ii) under ap- plicable State law, the Governor and other ap- propriate State officers and employees are not prevented from administering and enforcing such requirements under a delegation of au- thority 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 subpara- graph (A). (2) The requirements of subsection (a) shall apply in every State if there is in effect a find- ing by the President that nationwide implemen- tation of such requirements would be appro- priate and consistent with the purposes of this chapter. (3) Such requirements shall take effect in any State beginning on the 5th day after the Sec- retary 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.