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49 U.S.C. § 32304AConsumer tire information and standards

submitted 19 years ago by Pub. L. 110-140 to r/title-49-TRANSPORTATION · 1,069 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law tells the Secretary of Transportation to create a national tire-rating program. The program must set fuel-efficiency and wet-traction standards for passenger tires and give consumers clear information. States can only add their own tire fuel-efficiency rules if those rules match the federal ones exactly.

(a) Consumer tire information. (1) Within 24 months after the Ten-in-Ten Fuel Economy Act became law, the Secretary of Transportation had to write rules, after taking public comment, creating a national tire fuel-efficiency information program for replacement tires. The goal is to teach consumers how tires affect a car's fuel efficiency, safety, and durability. (2) The rulemaking had to include: (A) a national rating system for replacement tire fuel efficiency, to help consumers choose tires; (B) rules for giving consumers information, including at the point of sale and through other channels like the Internet; (C) test-method specifications for manufacturers, so results don't vary between test equipment or companies; and (D) a national tire-maintenance education program covering tire pressure, alignment, rotation, and tread wear, aimed at maximizing fuel efficiency, safety, and durability. (3) This subsection only applies to replacement tires that were already covered by the federal safety rule at 49 CFR 575.104(c) when the Ten-in-Ten Fuel Economy Act was enacted. (b) Promulgation of regulations for tire fuel efficiency minimum performance standards. (1) After consulting the Secretary of Energy and the EPA Administrator, the Secretary must write minimum tire fuel-efficiency performance standards, in two groups: (A) passenger car tires rated for 149 miles per hour (240 km/h) or less; and (B) passenger car tires rated faster than that. (2)(A) These standards must be measured using the rolling resistance coefficient test described in 49 CFR 575.106, as it existed when this law was enacted. (B) The Secretary must make sure the standards don't unfairly burden high-performance tires rated above 149 mph / 240 km/h. (C) This part covers new tires made for passenger cars. It does not cover light-truck tires, deep-tread tires, winter snow tires, space-saver or temporary spare tires, or tires with a rim diameter of 12 inches or less. (c) Promulgation of regulations for tire wet traction minimum performance standards. (1) The Secretary must also write minimum wet-traction performance standards, so that improving fuel efficiency doesn't come at the cost of a tire's grip in the rain. (2)(A) These standards are measured using the peak coefficient of friction. (B) Any test procedure for wet traction must line up with the fuel-efficiency test procedure from subsection (a). (C) The Secretary must test the wet-traction performance of tires already sold in the U.S. when this law was enacted, to make sure the new standards fit both U.S. tires and U.S. drivers' needs. (D) This part covers only new passenger car tires, with the same exceptions listed in subsection (b): no light-truck, deep-tread, winter, spare, or small-rim tires. (d) Coordination among regulations. (1) The Secretary must make sure the test procedures and requirements from subsections (a), (b), and (c) work together and don't contradict each other. (2) The Secretary must check that meeting the fuel-efficiency standards in (b) won't reduce the wet-traction performance required in (c). (3) The Secretary must finish the (b) and (c) regulations within 24 months of this law's enactment, and must finish (c) no later than (b). (e) Consultation. The Secretary must consult the Secretary of Energy and the EPA Administrator on how best to give consumers tire fuel-efficiency information. (f) Report to Congress. The Secretary must regularly check how useful these rules are to consumers, how well industry is cooperating, and how much they help the country's energy-saving goals, and must send periodic reports on these findings to the Senate Commerce Committee and the House Energy and Commerce Committee. (g) Tire marking. The Secretary cannot require a permanent fuel-efficiency label to be marked directly on a tire. (h) Application with State and local laws and regulations. This section doesn't stop a state or local government from enforcing a tire fuel-efficiency information law that was already in effect on January 1, 2006. Once a federal rule under this section takes effect, a state or local government may only adopt or enforce a tire fuel-efficiency information law passed after January 1, 2006, if it is identical to the federal rule. But nothing here stops a state or local government from regulating tire fuel efficiency itself — including setting its own test methods — as long as that regulation isn't otherwise preempted elsewhere in this chapter.
the actual law source: uscode.house.gov ↗public domain
(a)Consumer Tire Information.—
(1)In general.—

Not later than 24 months after the date of enactment of the Ten-in-Ten Fuel Economy Act, the Secretary of Transportation (referred to in this section as the “Secretary”) shall, after notice and opportunity for comment, promulgate rules establishing a national tire fuel efficiency consumer information program for replacement tires designed for use on motor vehicles to educate consumers about the effect of tires on automobile fuel efficiency, safety, and durability.

(2)Items included in rule.—

The rulemaking shall include—

(A)

a national tire fuel efficiency rating system for motor vehicle replacement 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; and

(D)

a national tire maintenance consumer education program including,1 information on tire inflation pressure, alignment, rotation, and tread wear to maximize fuel efficiency, safety, and durability of replacement tires.

(3)Applicability.—

This section shall apply only to replacement tires covered under section 575.104(c) of title 49, Code of Federal Regulations, in effect on the date of the enactment of the Ten-in-Ten Fuel Economy Act.

(b)Promulgation of Regulations for Tire Fuel Efficiency Minimum Performance Standards.—
(1)In general.—

The Secretary, after consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall promulgate regulations for tire fuel efficiency minimum performance standards for—

(A)

passenger car tires with a maximum speed capability equal to or less than 149 miles per hour or 240 kilometers per hour; and

(B)

passenger car tires with a maximum speed capability greater than 149 miles per hour or 240 kilometers per hour.

(2)Tire fuel efficiency minimum performance standards.—
(A)Standard basis and test procedures.—

The minimum performance standards promulgated under paragraph (1) shall be expressed in terms of the rolling resistance coefficient measured using the test procedure specified in section 575.106 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act).2

(B)No disparate effect on high performance tires.—

The Secretary shall ensure that the minimum performance standards promulgated under paragraph (1) will not have a disproportionate effect on passenger car high performance tires with a maximum speed capability greater than 149 miles per hour or 240 kilometers per hour.

(C)Applicability.—
(i)In general.—

This subsection applies to new pneumatic tires for use on passenger cars.

(ii)Exceptions.—

This subsection does not apply to light truck tires, deep tread tires, winter-type snow tires, space-saver or temporary use spare tires, or tires with nominal rim diameters of 12 inches or less.

(c)Promulgation of Regulations for Tire Wet Traction Minimum Performance Standards.—
(1)In general.—

The Secretary shall promulgate regulations for tire wet traction minimum performance standards to ensure that passenger tire wet traction capability is not reduced to achieve improved tire fuel efficiency.

(2)Tire wet traction minimum performance standards.—
(A)Basis of standard.—

The minimum performance standards promulgated under paragraph (1) shall be expressed in terms of peak coefficient of friction.

(B)Test procedures.—

Any test procedure promulgated under this subsection shall be consistent with any test procedure promulgated under subsection (a).

(C)Benchmarking.—

The Secretary shall conduct testing to benchmark the wet traction performance of tire models available for sale in the United States as of the date of enactment of this Act 2 to ensure that the minimum performance standards promulgated under paragraph (1) are tailored to—

(i)

tires sold in the United States; and

(ii)

the needs of consumers in the United States.

(D)Applicability.—
(i)In general.—

This subsection applies to new pneumatic tires for use on passenger cars.

(ii)Exceptions.—

This subsection does not apply to light truck tires, deep tread tires, winter-type snow tires, space-saver or temporary use spare tires, or tires with nominal rim diameters of 12 inches or less.

(d)Coordination Among Regulations.—
(1)Compatibility.—

The Secretary shall ensure that the test procedures and requirements promulgated under subsections (a), (b), and (c) are compatible and consistent.

(2)Combined effect of rules.—

The Secretary shall evaluate the regulations promulgated under subsections (b) and (c) to ensure that compliance with the minimum performance standards promulgated under subsection (b) will not diminish wet traction performance of affected tires.

(3)Rulemaking deadlines.—

The Secretary shall promulgate—

(A)

the regulations under subsections (b) and (c) not later than 24 months after the date of enactment of this Act; 2 and

(B)

the regulations under subsection (c) not later than the date of promulgation of the regulations under subsection (b).

(e)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.

(f)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 Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce.

(g)Tire Marking.—

The Secretary shall not require permanent labeling of any kind on a tire for the purpose of tire fuel efficiency information.

(h)Application With State and Local Laws and Regulations.—

Nothing in this section prohibits a State or political subdivision thereof from enforcing a law or regulation on tire fuel efficiency consumer information that was in effect on January 1, 2006. After a requirement promulgated under this section is in effect, a State or political subdivision thereof may adopt or enforce a law or regulation on tire fuel efficiency consumer information enacted or promulgated after January 1, 2006, if the requirements of that law or regulation are identical to the requirement promulgated under this section. Nothing in this section shall be construed to preempt a State or political subdivision thereof from regulating the fuel efficiency of tires (including establishing testing methods for determining compliance with such standards) not otherwise preempted under this chapter.

Source credit: (Added Pub. L. 110–140, title I, § 111(a), Dec. 19, 2007, 121 Stat. 1506; amended Pub. L. 114–94, div. B, title XXIV, § 24332, Dec. 4, 2015, 129 Stat. 1713.)

history & why it existsrecord from the source credit
  • 2007Enacted · Pub. L. 110-140 · 121 Stat. 1506
  • 2015Amended · Pub. L. 114-94 · 129 Stat. 1713

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-140 on 2007-12-19.

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