16 CFR 306.4 : Commercial Practices (§ 0.1 To Parts 1751-1799) — (§ 0.1 To Parts 902-999) — Federal Trade Commission (§ 0.1 To Parts 902-999) — Regulations Under Specific Acts Of Congress (§ 300.1 To § 322.1) — Automotive Fuel Ratings, Certification And Posting (§ 306.0 To Appendix A To Part 306) — General (§ 306.0 To § 306.4) — Preemption.

The Petroleum Marketing Practices Act (“PMPA”), 15 U.S.C. 2801 et seq., as amended, is the law that directs the FTC to enact this rule. Section 204 of PMPA, 15 U.S.C. 2824, provides:

(a) To the extent that any provision of this title 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 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 title.

(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).