15 U.S.C. § 2841 — Study by Secretary of Energy

Page 1958 TITLE 15—COMMERCE AND TRADE § 2824 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 re- tailer of the requirements of section 2822(c) or (e) of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by section 1501(c)(3) of Pub. L. 102–486 ef- fective 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. § 2824. Relationship of statutory provisions to State and local laws (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), any provision of law or regula- tion with respect to such act or omission, unless such provision of such law or regulation is the same as the applicable provision of this sub- chapter. (b) A State or political subdivision thereof may provide for any investigative or enforce- ment action, remedy, or penalty (including pro- cedural actions necessary to carry out such in- vestigative or enforcement actions, remedies, or penalties) with respect to any provision of law or regulation permitted by subsection (a). (Pub. L. 95–297, title II, § 204, June 19, 1978, 92 Stat. 337; Pub. L. 102–486, title XV, § 1502(a), Oct. 24, 1992, 106 Stat. 2997.) Editorial Notes 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 rem- edy 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.’’ 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 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, refin- ers, 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 oper- ations 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 competi- tion; (3) the profitability of various segments of the petroleum industry; (4) the impact of prohibiting such subsidiza- tion 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 con- siders appropriate. (c) Notice to interested parties and opportunity to present written and oral data, views and arguments In conducting the study required by this sec- tion, the Secretary shall give appropriate notice and afford interested persons an opportunity to present written and oral data, views and argu- ments concerning such study. (d) Report to Congress; contents and time for submission; Presidential promulgation of rules establishing interim measures; submis- sion 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 appro- priate to the Congress on or before the expira- tion 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 mar- keting sector of the petroleum industry during Congressional consideration of the recommenda- tions contained in the report submitted under paragraph (1), he shall prescribe, by rule, in ac- cordance with the procedures set forth in sec- tion 6393(a) of title 42 such interim measures. (3) No interim measure proposed by the Presi- dent 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 pro- visions of this section. (Pub. L. 95–297, title III, § 301, June 19, 1978, 92 Stat. 337.) CHAPTER 56—NATIONAL CLIMATE PROGRAM Sec. 2901. Findings. 2902. Purpose.