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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5632 Reported in House (RH)]

                                                 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.

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

<DELETED>SECTION 1. TIRE FUEL EFFICIENCY CONSUMER 
              INFORMATION.</DELETED>

<DELETED>    (a) In General.--Chapter 301 of title 49, United States 
Code, is amended by inserting after section 30123 the following new 
section:</DELETED>
<DELETED>``Sec. 30123A. Tire Fuel Efficiency Consumer 
              Information</DELETED>
<DELETED>    ``(a) Rulemaking.--(1) Not later than 18 months after the 
date of enactment of this section, the Secretary of Transportation 
shall, after notice and opportunity for comment, promulgate rules 
establishing a national tire fuel efficiency consumer information 
program for tires designed for use on motor vehicles to educate 
consumers about the effect of tires on automobile fuel 
efficiency.</DELETED>
<DELETED>    ``(2) Items Included in Rule.--The rulemaking shall 
include each of the following:</DELETED>
        <DELETED>    ``(A) A national tire fuel efficiency rating 
        system for motor vehicle tires to assist consumers in making 
        more educated tire purchasing decisions.</DELETED>
        <DELETED>    ``(B) Requirements for providing information to 
        consumers, including information at the point of sale and other 
        potential information dissemination methods, including the 
        internet.</DELETED>
        <DELETED>    ``(C) Specifications for test methods for 
        manufacturers to use in assessing and rating tires to avoid 
        variation among test equipment and manufacturers.</DELETED>
        <DELETED>    ``(D) A national tire maintenance consumer 
        education program including, information on tire inflation 
        pressure, alignment, rotation, and tread wear to maximize fuel 
        efficiency.</DELETED>
<DELETED>    ``(3) Applicability.--This section shall not apply to 
tires excluded from coverage under section 575.104(c)(2) of title 49, 
Code of Federal Regulations, as in effect on date of enactment of this 
section.</DELETED>
<DELETED>    ``(b) Consultation.--The Secretary shall consult with the 
Secretary of Energy and the Administrator of the Environmental 
Protection Agency on the means of conveying tire fuel efficiency 
consumer information.</DELETED>
<DELETED>    ``(c) Report to Congress.--The Secretary shall conduct 
periodic assessments of the rules promulgated under this section to 
determine the utility of such rules to consumers, the level of 
cooperation by industry, and the contribution to national goals 
pertaining to energy consumption. The Secretary shall transmit periodic 
reports detailing the findings of such assessments to the Energy and 
Commerce Committee of the House of Representatives and the Commerce, 
Science, and Transportation Committee of the Senate.</DELETED>
<DELETED>    ``(d) Tire Marking.--The Secretary shall not require 
permanent labeling of any kind on a tire for the purpose of tire fuel 
efficiency information.</DELETED>
<DELETED>    ``(e) Preemption.--When a requirement under this section 
is in effect, a State or political subdivision of a State may adopt or 
enforce a law or regulation on tire fuel efficiency consumer 
information only if the law or regulation is identical to that 
requirement. Nothing in this section shall be construed to preempt a 
State or political subdivision of a State from regulating the fuel 
efficiency of tires not otherwise preempted under this 
chapter.''.</DELETED>
<DELETED>    (b) Enforcement.--Section 30165(a) of such chapter is 
amended by adding at the end the following:</DELETED>
        <DELETED>    ``(3) Section 30123a.--Any person who fails to 
        comply with the national tire fuel efficiency consumer 
        information program under section 30123A is liable to the 
        United States Government for a civil penalty of not more than 
        $50,000 for each violation.''.</DELETED>
<DELETED>    (c) Table of Contents.--The table of contents for chapter 
301 of title 49 is amended by adding the following new item after the 
item relating to section 30123:</DELETED>

<DELETED>``30123A. Tire fuel efficiency consumer information.''.

</DELETED>SECTION 1. TIRE FUEL EFFICIENCY CONSUMER INFORMATION.

    (a) In General.--Chapter 301 of title 49, United States Code, is 
amended by inserting after section 30123 the following new section:
``Sec. 30123A. Tire Fuel Efficiency Consumer Information
    ``(a) Rulemaking.--(1) Not later than 18 months after the date of 
enactment of this section, the Secretary of Transportation shall, after 
notice and opportunity for comment, promulgate rules establishing a 
national tire fuel efficiency consumer information program for tires 
designed for use on motor vehicles to educate consumers about the 
effect of tires on automobile fuel efficiency.
    ``(2) The rulemaking shall include each of the following:
            ``(A) A national tire fuel efficiency rating system for 
        motor vehicle tires to assist consumers in making more educated 
        tire purchasing decisions.
            ``(B) Requirements for providing information to consumers, 
        including information at the point of sale and other potential 
        information dissemination methods, including the internet.
            ``(C) Specifications for test methods for manufacturers to 
        use in assessing and rating tires to avoid variation among test 
        equipment and manufacturers.
            ``(D) A national tire maintenance consumer education 
        program including, information on tire inflation pressure, 
        alignment, rotation, and tread wear to maximize fuel 
        efficiency.
    ``(3) This section shall not apply to tires excluded from coverage 
under section 575.104(c) of title 49, Code of Federal Regulations, as 
in effect on date of enactment of this section.
    ``(b) Consultation.--The Secretary shall consult with the Secretary 
of Energy and the Administrator of the Environmental Protection Agency 
on the means of conveying tire fuel efficiency consumer information.
    ``(c) Report to Congress.--The Secretary shall conduct periodic 
assessments of the rules promulgated under this section to determine 
the utility of such rules to consumers, the level of cooperation by 
industry, and the contribution to national goals pertaining to energy 
consumption. The Secretary shall transmit periodic reports detailing 
the findings of such assessments to the Energy and Commerce Committee 
of the House of Representatives and the Commerce, Science, and 
Transportation Committee of the Senate.
    ``(d) Tire Marking.--The Secretary shall not require permanent 
labeling of any kind on a tire for the purpose of tire fuel efficiency 
information.
    ``(e) Preemption.--Nothing in this section shall prohibit a State 
or political subdivision of a State from enforcing a law or regulation 
on tire fuel efficiency consumer information in effect on January 1, 
2006. After a requirement under this section is in effect, a State or 
political subdivision of a State may adopt or enforce a law or 
regulation on tire fuel efficiency consumer information enacted after 
January 1, 2006, only if the law or regulation is identical to that 
requirement. Nothing in this section shall be construed to preempt a 
State or political subdivision of a State from regulating the fuel 
efficiency of tires not otherwise preempted under this chapter.''.
    (b) Enforcement.--Section 30165(a) of such chapter is amended by 
adding at the end the following:
            ``(4) Section 30123a.--Any person who fails to comply with 
        the national tire fuel efficiency consumer information program 
        under section 30123A is liable to the United States Government 
        for a civil penalty of not more than $50,000 for each 
        violation.''.
    (c) Table of Contents.--The table of contents for chapter 301 of 
title 49, United States Code, is amended by adding the following new 
item after the item relating to section 30123:

``30123A. Tire fuel efficiency consumer information.''.
                                                 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 Code, to establish a 
  national tire fuel efficiency consumer information program, and for 
                            other purposes.

_______________________________________________________________________

                             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
```