IB 

Union Calendar No. 301 

109TH CONGRESS 

2D SESSION H. R. 5632 

[Report No. 109–537] 

To amend Chapter 301 of title 49, United States Code, to establish a 

national tire fuel efficiency consumer information program, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 16, 2006 

Mr. SHIMKUS (for himself, Mr. ENGEL, and Mr. ALLEN) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

JUNE 28, 2006 

Additional sponsors: Mr. KINGSTON and Mr. LIPINSKI

JUNE 28, 2006 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend Chapter 301 of title 49, United States Code, 

to establish a national tire fuel efficiency consumer information program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. TIRE FUEL EFFICIENCY CONSUMER INFORMA2 TION. 

3 (a) IN GENERAL.—Chapter 301 of title 49, United 

4 States Code, is amended by inserting after section 30123 

5 the following new section: 

6 ‘‘§ 30123A. Tire Fuel Efficiency Consumer Informa7 tion 

8 ‘‘(a) RULEMAKING.—(1) Not later than 18 months 

9 after the date of enactment of this section, the Secretary 

10 of Transportation shall, after notice and opportunity for 

11 comment, promulgate rules establishing a national tire 

12 fuel efficiency consumer information program for tires de13 signed for use on motor vehicles to educate consumers 

14 about the effect of tires on automobile fuel efficiency. 

15 ‘‘(2) ITEMS INCLUDED IN RULE.—The rulemaking 

16 shall include each of the following: 

17 ‘‘(A) A national tire fuel efficiency rating sys18 tem for motor vehicle tires to assist consumers in 

19 making more educated tire purchasing decisions. 

20 ‘‘(B) Requirements for providing information to 

21 consumers, including information at the point of sale 

22 and other potential information dissemination meth23 ods, including the internet. 

24 ‘‘(C) Specifications for test methods for manu25 facturers to use in assessing and rating tires to 


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1 avoid variation among test equipment and manufac2 turers. 

3 ‘‘(D) A national tire maintenance consumer 

4 education program including, information on tire in5 flation pressure, alignment, rotation, and tread wear 

6 to maximize fuel efficiency. 

7 ‘‘(3) APPLICABILITY.—This section shall not apply to 

8 tires excluded from coverage under section 575.104(c)(2) 

9 of title 49, Code of Federal Regulations, as in effect on 

10 date of enactment of this section. 

11 ‘‘(b) CONSULTATION.—The Secretary shall consult 

12 with the Secretary of Energy and the Administrator of 

13 the Environmental Protection Agency on the means of 

14 conveying tire fuel efficiency consumer information. 

15 ‘‘(c) REPORT TO CONGRESS.—The Secretary shall 

16 conduct periodic assessments of the rules promulgated 

17 under this section to determine the utility of such rules 

18 to consumers, the level of cooperation by industry, and the 

19 contribution to national goals pertaining to energy con20 sumption. The Secretary shall transmit periodic reports 

21 detailing the findings of such assessments to the Energy 

22 and Commerce Committee of the House of Representa23 tives and the Commerce, Science, and Transportation 

24 Committee of the Senate. 


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1 ‘‘(d) TIRE MARKING.—The Secretary shall not re2 quire permanent labeling of any kind on a tire for the pur3 pose of tire fuel efficiency information. 

4 ‘‘(e) PREEMPTION.—When a requirement under this 

5 section is in effect, a State or political subdivision of a 

6 State may adopt or enforce a law or regulation on tire 

7 fuel efficiency consumer information only if the law or reg8 ulation is identical to that requirement. Nothing in this 

9 section shall be construed to preempt a State or political 

10 subdivision of a State from regulating the fuel efficiency 

11 of tires not otherwise preempted under this chapter.’’. 

12 (b) ENFORCEMENT.—Section 30165(a) of such chap13 ter is amended by adding at the end the following: 

14 ‘‘(3) SECTION 30123A.—Any person who fails to 

15 comply with the national tire fuel efficiency con16 sumer information program under section 30123A is 

17 liable to the United States Government for a civil 

18 penalty of not more than $50,000 for each viola19 tion.’’. 

20 (c) TABLE OF CONTENTS.—The table of contents for 

21 chapter 301 of title 49 is amended by adding the following 

22 new item after the item relating to section 30123: 

‘‘30123A. Tire fuel efficiency consumer information.’’. 


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1 SECTION 1. TIRE FUEL EFFICIENCY CONSUMER INFORMA2 TION. 

3 (a) IN GENERAL.—Chapter 301 of title 49, United 

4 States Code, is amended by inserting after section 30123 

5 the following new section: 

6 ‘‘§ 30123A. Tire Fuel Efficiency Consumer Information 

7 ‘‘(a) RULEMAKING.—(1) Not later than 18 months 

8 after the date of enactment of this section, the Secretary 

9 of Transportation shall, after notice and opportunity for 

10 comment, promulgate rules establishing a national tire fuel 

11 efficiency consumer information program for tires designed 

12 for use on motor vehicles to educate consumers about the 

13 effect of tires on automobile fuel efficiency. 

14 ‘‘(2) The rulemaking shall include each of the fol15 lowing: 

16 ‘‘(A) A national tire fuel efficiency rating system 

17 for motor vehicle tires to assist consumers in making 

18 more educated tire purchasing decisions. 

19 ‘‘(B) Requirements for providing information to 

20 consumers, including information at the point of sale 

21 and other potential information dissemination meth22 ods, including the internet. 

23 ‘‘(C) Specifications for test methods for manufac24 turers to use in assessing and rating tires to avoid 

25 variation among test equipment and manufacturers. 


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1 ‘‘(D) A national tire maintenance consumer edu2 cation program including, information on tire infla3 tion pressure, alignment, rotation, and tread wear to 

4 maximize fuel efficiency. 

5 ‘‘(3) This section shall not apply to tires excluded from 

6 coverage under section 575.104(c) of title 49, Code of Fed7 eral Regulations, as in effect on date of enactment of this 

8 section. 

9 ‘‘(b) CONSULTATION.—The Secretary shall consult 

10 with the Secretary of Energy and the Administrator of the 

11 Environmental Protection Agency on the means of con12 veying tire fuel efficiency consumer information. 

13 ‘‘(c) REPORT TO CONGRESS.—The Secretary shall con14 duct periodic assessments of the rules promulgated under 

15 this section to determine the utility of such rules to con16 sumers, the level of cooperation by industry, and the con17 tribution to national goals pertaining to energy consump18 tion. The Secretary shall transmit periodic reports detail19 ing the findings of such assessments to the Energy and 

20 Commerce Committee of the House of Representatives and 

21 the Commerce, Science, and Transportation Committee of 

22 the Senate. 

23 ‘‘(d) TIRE MARKING.—The Secretary shall not require 

24 permanent labeling of any kind on a tire for the purpose 

25 of tire fuel efficiency information. 


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1 ‘‘(e) PREEMPTION.—Nothing in this section shall pro2 hibit a State or political subdivision of a State from enforc3 ing a law or regulation on tire fuel efficiency consumer in4 formation in effect on January 1, 2006. After a requirement 

5 under this section is in effect, a State or political subdivi6 sion of a State may adopt or enforce a law or regulation 

7 on tire fuel efficiency consumer information enacted after 

8 January 1, 2006, only if the law or regulation is identical 

9 to that requirement. Nothing in this section shall be con10 strued to preempt a State or political subdivision of a State 

11 from regulating the fuel efficiency of tires not otherwise pre12 empted under this chapter.’’. 

13 (b) ENFORCEMENT.—Section 30165(a) of such chapter 

14 is amended by adding at the end the following: 

15 ‘‘(4) SECTION 30123A.—Any person who fails to 

16 comply with the national tire fuel efficiency consumer 

17 information program under section 30123A is liable 

18 to the United States Government for a civil penalty 

19 of not more than $50,000 for each violation.’’. 

20 (c) TABLE OF CONTENTS.—The table of contents for 

21 chapter 301 of title 49, United States Code, is amended by 

22 adding the following new item after the item relating to 

23 section 30123: 

‘‘30123A. Tire fuel efficiency consumer information.’’. 


hmoore on PROD1PC68 with HMBILLS
Union Calendar No. 301 

109TH CONGRESS 

2D SESSION H. R. 5632 

[Report No. 109

–537] 

A BILL 

To amend Chapter 301 of title 49, United States 

purposes. consumer information program, and for other Code, to establish a national tire fuel efficiency 

JUNE 28, 2006 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


hmoore on PROD1PC68 with HMBILLS