IB
Union Calendar No. 301
109th CONGRESS
2d Session
H. R. 5632
[Report No. 109–537]
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.
Tire Fuel Efficiency Consumer Information
In general
Chapter 301 of title 49, United States Code, is amended by inserting after section 30123 the following new section:
Tire Fuel Efficiency Consumer Information
Rulemaking
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.
Items included in rule
The rulemaking shall include each of the following:
A national tire fuel efficiency rating system for motor vehicle tires to assist consumers in making more educated tire purchasing decisions.
Requirements for providing information to consumers, including information at the point of sale and other potential information dissemination methods, including the internet.
Specifications for test methods for manufacturers to use in assessing and rating tires to avoid variation among test equipment and manufacturers.
A national tire maintenance consumer education program including, information on tire inflation pressure, alignment, rotation, and tread wear to maximize fuel efficiency.
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.
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.
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.
Tire marking
The Secretary shall not require permanent labeling of any kind on a tire for the purpose of tire fuel efficiency information.
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.
.
Enforcement
Section 30165(a) of such chapter is amended by adding at the end the following:
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.
.
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:
30123A. Tire fuel efficiency consumer information.
.
Tire Fuel Efficiency Consumer Information
In general
Chapter 301 of title 49, United States Code, is amended by inserting after section 30123 the following new section:
Tire Fuel Efficiency Consumer Information
Rulemaking
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.
The rulemaking shall include each of the following:
A national tire fuel efficiency rating system for motor vehicle tires to assist consumers in making more educated tire purchasing decisions.
Requirements for providing information to consumers, including information at the point of sale and other potential information dissemination methods, including the internet.
Specifications for test methods for manufacturers to use in assessing and rating tires to avoid variation among test equipment and manufacturers.
A national tire maintenance consumer education program including, information on tire inflation pressure, alignment, rotation, and tread wear to maximize fuel efficiency.
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.
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.
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.
Tire marking
The Secretary shall not require permanent labeling of any kind on a tire for the purpose of tire fuel efficiency information.
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.
.
Enforcement
Section 30165(a) of such chapter is amended by adding at the end the following:
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.
.
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.
.
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