Laws: Cases and Codes : U.S. Code : Title 15


   

U.S. Code as of: 01/19/04
Chapter 55 - Notes
                    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.