Tire Fuel Efficiency Consumer Information Program, 29542-29587 [E9-14496]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 74, Number 118 (Monday, June 22, 2009)]
[Proposed Rules]
[Pages 29542-29587]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14496]



[[Page 29541]]

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Part II





Department of Transportation





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National Highway Traffic Safety Administration



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49 CFR Part 575



Tire Fuel Efficiency Consumer Information Program; Proposed Rule

Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / 
Proposed Rules

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 575

[Docket No. NHTSA-2008-0121]
RIN 2127-AK45


Tire Fuel Efficiency Consumer Information Program

AGENCY: National Highway Traffic Safety Administration, Department of 
Transportation (NHTSA).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes a broad new consumer information 
program for replacement tires to inform consumers about the effect of 
tires on fuel efficiency, safety, and durability. This consumer 
information program would implement a national tire fuel efficiency 
rating system for replacement tires, with the information provided to 
consumers at the point of sale and online. Fuel efficiency ratings are 
expected to inform consumers so that they will be better informed about 
replacement tire performance. This consumer information program seeks 
to enhance energy security and reduce costs by improving fuel economy. 
Information would also be provided about safety and durability.

DATES: Comments to this proposal must be received on or before August 
21, 2009. In compliance with the Paperwork Reduction Act, NHTSA is also 
seeking comment on a new information collection. See the Paperwork 
Reduction Act section under Regulatory Notices and Analyses below. 
Please submit all comments relating to new information collection 
requirements on or before August 21, 2009.

ADDRESSES: You may submit comments, identified by the docket number in 
the heading of this document, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments on 
the electronic docket site by clicking on ``Help'' or ``FAQ.''
     Mail: Docket Management Facility, M-30, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., West Building 
Ground Floor, Room W12-140, between 9 a.m. and 5 p.m. Eastern Time, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
Regardless of how you submit comments, you should mention the docket 
number of this document.
    You may call the Docket Management Facility at 202-366-9826.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Public 
Participation heading of the SUPPLEMENTARY INFORMATION section of this 
document. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78) or you may visit https://www.dot.gov/privacy.html.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov, or the street 
address listed above. Follow the online instructions for accessing the 
dockets.

FOR FURTHER INFORMATION CONTACT: 
    For policy and technical issues: Ms. Julie Abraham or Ms. Mary 
Versailles, Office of Rulemaking, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. 
Telephone: (202) 366-0846.
    For legal issues: Mr. Stephen Wood or Ms. Sarah Alves, Office of 
the Chief Counsel, National Highway Traffic Safety Administration, 1200 
New Jersey Avenue, SE., Washington, DC 20590. Telephone: (202) 366-
2992.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Executive Overview
    A. Summary
    B. Energy Independence and Security Act of 2007
    C. Proposal
    1. Test Procedures
    2. Proposed Rolling Resistance Rating Metric
    3. Proposed Label
    4. Proposed Information Dissemination and Reporting Requirements 
for Tire Manufacturers and Tire Retailers
    5. Consumer Education Program
    D. Costs and Benefits
    E. Lead Time
II. Background
    A. Contribution of Tire Maintenance and Tire Fuel Efficiency to 
Addressing Energy Independence and Security
    1. Tire Fuel Efficiency and Rolling Resistance
    2. Relationship Between Tire Maintenance and Tire Fuel 
Efficiency and Vehicle Fuel Economy
    3. 2006 National Academy of Sciences Report
    4. California
    5. European Union
    6. Japan
    B. Energy Independence and Security Act of 2007 Mandated 
Consumer Tire Information Program
    1. Tires Subject to the Consumer Information Program
    2. Mandate To Create a National Tire Fuel Efficiency Rating 
System
    3. Communicating Information to Consumers
    4. Specification of Test Methods
    5. Creating a National Consumer Education Program on Tire 
Maintenance
    6. Consultation in Setting Standards
    7. Application With State and Local Laws and Regulations
    8. Compliance and Enforcement
    9. Reporting to Congress
III. Which Tires Must Be Rated?
    A. Passenger Car Tires
    B. Replacement Tires
    C. Tires within a Tire Model
    D. Tires Excluded
IV. Rolling Resistance Test Procedure
    A. Rolling Resistance
    B. Possible Test Procedures Available to Measure Rolling 
Resistance
    C. NHTSA Research Results
    D. Why Select a Single-Point Test Instead of Multi-Point?
    E. Why Select ISO 28580 Instead of Other Tests?
V. Proposed Rolling Resistance Rating Metric
VI. Proposed Rating System
    A. What Should We Convey to Consumers in a Rating System?
    1. Fuel Efficiency
    2. Safety
    i. Potential Safety Consequences
    ii. Test Procedure
    3. Durability
    4. Overall Rating
    B. How Should We Convey the Information to Consumers in a Rating 
System?
    1. Proposed Rating Formulas
    i. Fuel Efficiency
    ii. Safety
    iii. Durability
    2. Proposed Label Style
VII. Proposed Information Dissemination and Reporting Requirements 
for Tire Manufacturers and Tire Retailers
    A. The Replacement Passenger Car Tire Market
    B. Assumptions about the Average Tire Purchaser and the Average 
Tire Purchasing Process
    C. What Are We Proposing To Require of Tire Retailers?
    D. What Are We Proposing To Require of Tire Manufacturers?
    1. Data Reporting
    2. Tire Labels
    E. Requirements for Tire Retailers and Tire Manufacturers With 
an Internet Presence
    F. Uniform Tire Quality Grading Standards
VIII. NHTSA's Consumer Education Program
    A. Previous Tire Consumer Education Efforts

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    B. Potential Future Consumer Education Efforts
    1. What Information Should NHTSA Convey?
    2. Point of Sale
    3. Interactive Mediums
    4. Web Site Development
    5. Paper Brochure Materials
    6. Partnership Development
    7. Exhibits and Conferencing
    8. Local Education Programs
IX. Costs and Benefits
    A. Costs
    B. Benefits
X. Lead Time
XI. Compliance Tolerances
    A. Fuel Efficiency
    B. Safety
    C. Durability
XII. Regulatory Alternatives
XIII. Public Participation
XIV. Regulatory Notices and Analyses
    A. Executive Order 12866 and DOT Regulatory Policies and 
Procedures
    B National Environmental Policy Act
    C. Regulatory Flexibility Act
    D. Executive Order 13132 (Federalism)
    E. Executive Order 12988 (Civil Justice Reform)
    F. Unfunded Mandates Reform Act
    G. Paperwork Reduction Act
    H. Executive Order 13045
    I. National Technology Transfer and Advancement Act
    J. Executive Order 13211
    K. Regulation Identifier Number (RIN)
    L. Plain Language
    M. Privacy Act

I. Executive Overview

A. Summary

    This document is being issued pursuant to the Energy Independence 
and Security Act of 2007 (EISA),\1\ which was enacted in December 2007. 
EISA included a requirement that NHTSA develop a national tire fuel 
efficiency consumer information program to educate consumers about the 
effect of tires on automobile fuel efficiency, safety, and durability. 
Consumers currently have little, if any, convenient way of determining 
how tire choices can affect vehicle fuel economy.
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    \1\ Public Law 110-140, 121 Stat. 1492 (Dec. 18, 2007).
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    The collective effects of the choices consumers make when they buy 
tires are matters of public interest. The 240 million passenger cars 
and light trucks in the United States consume about 135 billion gallons 
of motor fuel annually.\2\ Finding ways to reduce this energy 
consumption is a national goal for reasons ranging from ensuring 
economic and national security to improving local air quality and 
reducing greenhouse gas emissions. Rolling resistance, or the force 
required to make the tires roll, differs from tire to tire and is a 
characteristic that indicates a tire's fuel efficiency. Consumers, if 
sufficiently informed and interested, could bring about a reduction in 
average rolling resistance of replacement tires by adjusting their tire 
purchases, and as a consequence, significantly reduce the amount of 
fuel consumed annually. While the handling, traction, and other 
operating characteristics of tires are of particular interest to tire 
buyers, they are also matters of even broader public interest in as 
much as they may influence the safety performance of vehicles on the 
nation's highways.
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    \2\ Transportation Energy Data Book, Edition 27, Tables 4-1 and 
4-2, available at https://cta.ornl.gov/data/index.shtml (last 
accessed Mar. 5, 2009).
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    Congress required NHTSA to establish a tire fuel efficiency 
consumer information program, including a replacement tire fuel 
efficiency rating system. This requirement is evidently a response to a 
market failure in the form of imperfectly informed decisions on the 
part of consumers; the program attempts to respond to the market 
failure. In the same vein, EISA requires that NHTSA develop 
requirements for providing this information to consumers, and a 
national tire maintenance consumer education program. All tires require 
proper inflation and maintenance to achieve their intended levels of 
efficiency, safety, wear, and operating performance. NHTSA has 
previously addressed the importance of proper tire inflation to safety 
and fuel efficiency in various public service campaigns. NHTSA has also 
mandated that tire pressure monitoring systems (TPMSs) be installed on 
new motor vehicles,\3\ but TPMS is not a substitute for proper tire 
maintenance. Motorists must be alerted to the fact that even small 
losses in inflation pressure can reduce tire treadwear life, fuel 
efficiency, and operating performance.\4\
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    \3\ See 70 FR 18136 (April 8, 2005).
    \4\ Transportation Research Board Special Report 286, Tires and 
Passenger Vehicle Fuel Economy, National Research Council of the 
National Academies, 5 (2006) (hereinafter ``2006 NAS Report'').
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    This document proposes to require tire manufacturers to label their 
replacement tires for fuel efficiency, safety, and durability based on 
test procedures specified by the agency. These tests address three 
aspects of tire performance: rolling resistance, traction and treadwear 
life. As noted above and described in further detail below, rolling 
resistance is a measurement of fuel efficiency. A measurement of 
traction is intended to indicate a tire's ability to stop on wet 
pavement. Thus, traction is one metric that corresponds to safety. A 
treadwear rating measures a tire's wear rate compared with that of 
control tires. Treadwear life, therefore, corresponds to a measure of 
durability.
    Comparing this new proposed label across potential replacement 
tires would enable consumers to see how different replacement tires can 
affect the fuel economy they are getting from their vehicle. The label 
would also allow consumers to see the tradeoff they may be facing 
between fuel efficiency, safety (i.e., traction), and durability (i.e., 
treadwear life), and how the balance of these factors may differ from 
tire to tire. NHTSA's research has found that while tire construction 
need not sacrifice traction or treadwear for improved fuel efficiency, 
maintaining the same traction and treadwear while increasing the fuel 
efficiency of a given tire often entails higher costs.\5\ Thus, if a 
manufacturer seeks to improve the fuel efficiency of a given 
replacement tire construction while keeping cost constant, there is a 
substantial chance that the construction will sacrifice either traction 
or treadwear.
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    \5\ See National Highway Traffic Safety Administration, NHTSA 
Tire Rolling Resistance Rating System Test Development Project: 
Phase 2--Effects of Tire Rolling Resistance Levels on Traction, 
Treadwear, and Vehicle Fuel Economy (February 2009). This Phase 2 
research report will be placed in the docket.
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    The agency is proposing to require that tire retailers display a 
tire fuel efficiency consumer information program poster that NHTSA 
will print and provide to retailers. The poster would communicate the 
importance of comparing replacement tire ratings as well as the 
importance of proper tire maintenance. The agency is also proposing to 
require tire retailers and tire manufacturers that maintain Web sites 
to link to NHTSA's comprehensive tire Web site it will be developing as 
part of a national tire maintenance consumer education program. The 
agency seeks comments on any other information dissemination 
requirements that would ensure that easy-to-understand information is 
conveyed in a way that is most likely to impact consumers' decisions 
and, thus, affect their behavior and save them and our nation fuel and 
money.
    In developing the proposal, the agency conducted tire testing 
research to determine which test procedure would best standardize a 
fuel efficiency rating and provide accurate discrimination among 
replacement tires. The agency is proposing the specific test procedure 
by which manufacturers are to measure rolling resistance for the rating 
system. NHTSA also conducted consumer focus group research to improve 
understanding of the typical tire purchaser and the tire purchasing

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process for the average consumer. NHTSA's preliminary consumer research 
explored the type of label (including forms of rating, scales, and 
graphic) that best communicates the information to consumers. In this 
notice, we are proposing a label based on the rating scale and 
presentation that tested best with consumers and that promises to 
improve the operation of the market in terms of three factors (fuel 
economy, safety, and durability) that matter to consumers. We are aware 
that by itself, the rating scale may not make the relevant information 
fully meaningful to consumers; from the label alone, it is not entirely 
clear what a high rating, rather than a low one, will mean in terms of 
what matters to consumer choices. The agency is planning to do 
additional consumer testing, including additional types of testing such 
as quantitative and experimental techniques, to make the label as 
meaningful as possible. At this point, the agency cannot project the 
expected consumer reaction to this program, and it will engage in 
continued testing to provide such projections. The agency requests 
comment on the proposed rating systems, the proposed label, and 
potential future consumer research.
    NHTSA is also publishing a companion Preliminary Regulatory Impact 
Analysis (PRIA) that provides an analysis on the potential economic 
impacts of this consumer information program. The agency seeks comment 
on this preliminary analysis.

B. Energy Independence and Security Act of 2007

    The provision of EISA that mandates the consumer tire information 
program built on a legislative proposal originally introduced in 2006 
after a NAS report was issued suggesting that a tire fuel efficiency 
consumer information program could increase vehicle fuel economy by an 
average of 1 to 2 percent.\6\ Many factors affect a vehicle's fuel 
economy, including the tire's rolling resistance, or force required to 
make the tires roll. The 2006 NAS report estimated that 4 percent 
(urban) to 7 percent (highway) of the energy available from the 
vehicle's fuel usage is used to overcome the rolling resistance of the 
tires. Therefore, reducing rolling resistance can reduce a vehicle's 
fuel consumption. As one of many strategies to meet the Federal 
corporate average fuel economy (CAFE) standards for new passenger cars 
and light trucks, automobile manufacturers often equip vehicles with 
low rolling resistance tires. However, consumers often unknowingly 
purchase higher rolling resistance tires when replacing their vehicle 
tires, because information on the comparative rolling resistance of 
tires and its impact on vehicle fuel economy is not readily available.
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    \6\ Previous attempts to establish a national tire fuel 
efficiency program can be found in proposed amendments to various 
energy bills in prior years. See e.g., S. Amdt. 3083, 108th Cong., 
150 Cong. Rec. S4710 (2004) (proposing to amend S. 150); S. Amdt. 
1470, 108th Cong., 149 Cong. Rep. S10707 (2003) (proposing to amend 
S. 14). These amendments proposed regulating the fuel efficiency of 
tires in addition to a tire fuel efficiency grading system and 
consumer information program, and were not adopted.
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    One of the most significant of the EISA mandates is the setting of 
separate maximum feasible standards for passenger cars and for light 
trucks at levels sufficient to ensure that the average fuel economy of 
the combined fleet of all passenger cars and light trucks sold by all 
manufacturers in the U.S. in model year (MY) 2020 equals or exceeds 35 
miles per gallon. In the near future, per the President's announcement, 
NHTSA and the Environmental Protection Agency (EPA) intend to initiate 
a joint rulemaking with NHTSA proposing CAFE standards under the Energy 
Policy and Conservation Act (EPCA), as amended by EISA, and EPA 
proposing greenhouse gas emissions standards under the Clean Air 
Act.\7\ It is intended that this joint rulemaking proposal will reflect 
a carefully coordinated and harmonized approach to implementing these 
two statutes.\8\ The new standards will propose a significant increase 
in fuel economy by 2016.\9\ This consumer tire information program is 
one of the actions that will contribute towards the larger goals of 
energy independence and security.
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    \7\ Notice of Upcoming Joint Rulemaking To Establish Vehicle GHG 
Emissions and CAFE Standards; Notice of Intent To Conduct a Joint 
Rulemaking, 74 FR 24007 (May 22, 2009).
    \8\ Id. at 24008.
    \9\ Id. at 24009.
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    Section 111 of EISA added section 32304A to Chapter 323 of title 
49, United States Code. This chapter codifies consumer information 
requirements initially established by the Motor Vehicle Information and 
Cost Savings Act of 1972 (Pub. L. 92-513). The new section 32304A is 
entitled ``Consumer tire information'' and specifies as follows:
     Within 24 months of the enactment of EISA, NHTSA is to 
promulgate rules establishing a national tire fuel efficiency consumer 
information program for replacement tires to educate consumers about 
the effect of tires on fuel efficiency, safety, and durability.
     The program must include a national tire fuel efficiency 
rating system for replacement tires to assist consumers in making more 
educated tire purchasing decisions.
     NHTSA must specify requirements for providing information 
to consumers, including information at the point of sale and other 
potential dissemination methods, including the Internet.
     NHTSA must also specify the test methods that 
manufacturers are to use in assessing and rating tires to avoid 
variation among test equipment and manufacturers.
     As a part of the consumer information program, NHTSA must 
develop a national tire maintenance consumer education program, which 
must include information on tire inflation pressure, alignment, 
rotation, and treadwear to maximize fuel efficiency, safety and 
durability of replacement tires.

C. Proposal

    We solicit comment on all aspects of this proposal, including the 
rolling resistance test procedure, the rating system and label graphic, 
and the requirements for tire manufacturers and tire retailers for 
reporting and disseminating information. Specific areas where we 
request comments are identified elsewhere in this preamble and in the 
PRIA. Based on public comments and other information, including new 
data and analysis, the requirements and specifications in the final 
rule could differ from the specific ones proposed in this document.
1. Test Procedures
    This document proposes to require tire manufacturers to rate the 
fuel efficiency of their tires using a test procedure currently under 
development by the International Organization for Standardization 
(ISO), ISO 28580: Tyre Rolling Resistance measurement method--Single 
point test and measurement result correlation--Designed to facilitate 
international cooperation and, possibly, regulation building. The ISO 
standard is currently in Final Draft International Standard (FDIS) 
stage, and is expected to be balloted and finalized by October 2009. 
Based on this timeline, the agency expects this test procedure to be 
finalized before publication of the final rule.\10\ NHTSA is proposing 
to specify the use of the finalized ISO 28580 test procedure. The 
agency is also seeking

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comment on the use of other test procedures as described in section IV 
of this notice.
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    \10\ If the ISO 28580 test procedure is not a finalized by the 
time of publication of this notice, interested parties may obtain a 
copy of the draft by contacting Mr. Joe Pacuit, U.S. Technical 
Advisory Group (TAG) Secretariat to Technical Committee (TC) 31, 
Tyres, rims and valves. Mr. Pacuit can be reached by telephone at 
(303) 666-8121.
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    The choice of which test procedure to specify for measuring rolling 
resistance is important because measuring rolling resistance requires 
precise instrumentation, calibration, speed control and equipment 
alignment for repeatable results. As explained in more detail in this 
notice, agency research shows that all of the available test procedures 
could meet these requirements. However, the ISO 28580 test method is 
unique in that it specifies a procedure to correlate results between 
laboratories and test equipment, which our research shows is a 
significant source of variation. Because other established test methods 
lack such a procedure, NHTSA would have to develop a new procedure to 
address this variation before any of those test methods could be 
considered. Further, the ISO 28580 test procedure is the specified test 
method in the proposed European Union Directive, allowing manufacturers 
to do one test to determine ratings for both proposed regulations.
    As for the safety and durability ratings, due to the statutory 
timeline within which this rulemaking must be completed, NHTSA is 
proposing to use traction and treadwear test procedures that are 
already specified under another tire rating system, the uniform tire 
quality grading standards (UTQGS).\11\ The agency has been examining 
other metrics for safety and durability, as well as possible 
correlations between tire fuel efficiency and wet and dry traction, 
indoor and outdoor treadwear, and vehicle fuel economy.\12\
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    \11\ See 49 CFR 575.104 (2008).
    \12\ NHTSA's Phase 2 research tested 15 models of replacement 
tires, as well as the original equipment tires on a fuel economy 
test vehicle, to examine possible correlations between tire rolling 
resistance levels and vehicle fuel economy as measured on a 
dynometer, wet and dry traction, and indoor and outdoor treadwear. 
See National Highway Traffic Safety Administration, NHTSA Tire 
Rolling Resistance Rating System Test Development Project: Phase 2--
Effects of Tire Rolling Resistance Levels on Traction, Treadwear, 
and Vehicle Fuel Economy (February 2009). This Phase 2 research 
report will be placed in the docket.
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2. Proposed Rolling Resistance Rating Metric
    We are proposing to base a tire's fuel efficiency rating on rolling 
resistance force (RRF) as measured by the ISO 28580 test procedure. 
This is in contrast to basing a fuel efficiency rating on rolling 
resistance coefficient (RRC), or RRF divided by load. The agency is 
aware that the proposed European tire fuel efficiency rating system 
specifies tire ratings based on RRC.
    NHTSA is proposing to base the rolling resistance rating on the RRF 
metric because such a rating would provide more discrimination among 
different tires throughout the system, and thus more information to 
consumers, than a rating based on RRC. RRF translates more directly to 
the fuel required to move a tire, and based on the goals of EISA, 
appears to be a more appropriate metric.
3. Proposed Label
    To convey information to consumers, this document proposes a label, 
which contains an individual tire's ratings for fuel efficiency (i.e., 
rolling resistance), safety (i.e., traction), and durability (i.e., 
treadwear), and which is similar to a ratings label that tested well in 
consumer research conducted by NHTSA. NHTSA conducted focus group 
studies in which it presented several labels using different graphics 
and scales to relay the ratings. Figure 1 shows the ratings label that 
NHTSA is proposing in today's notice. The graphic shows all the ratings 
on a scale of 0 to 100, with 100 being the best rating. Consumers 
expressed an understanding of this 0 to 100 scale, and reacted 
positively to the red and green shading, with red indicating lower/
worse ratings and green indicating higher/better ratings.\13\ Other 
graphics presented in NHTSA's consumer research are discussed in 
section VI.B.3 of this notice.
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    \13\ Today's proposed regulation specifies the colors on the far 
ends of the ratings scales as ``primary red'' (for lowest/worst 
rating box) and ``primary green'' (for the highest/best rating box). 
An example of the proposed label in color can be found in the docket 
for this rulemaking and on NHTSA's Web site, https://www.nhtsa.gov. 
Click on the link to this notice, which will appear under ``What's 
New, Latest Updates, and Features on Our Site'' (towards the bottom 
of the main page).
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    NHTSA is seeking comment on an alternative graphic for the traction 
rating scale because consumers expressed some confusion with the 
graphic as presented. The cloud in the symbol for traction 
(representing the source of the rain drops) was confusing for some 
consumers who could not make out what it was or thought it was a cowboy 
hat. NHTSA is aware that the consumers may not fully understand the 
meaning of certain points on the ratings scale and is taking steps, 
with this rule, to help to increase understanding. NHTSA is seeking 
comment on how that task might best be accomplished, including with 
changes to the label itself.
    For the purposes of the final rule, the agency is also considering 
the concept of a combined rating of some sort, which would convert all 
three benefit metrics into one overall rating. The advantage of such a 
system for tire performance ratings would be that it would simplify the 
ratings, potentially relieving consumers of the task of weighing the 
ratings for three different metrics for one tire against the three 
ratings for another tire. At the same time, if the single combined 
rating were presented to the exclusion of individual ratings for each 
metric, it would obscure the relative performance of individual 
components that might carry different priorities with different 
consumers. As discussed in detail below in section VI.A.4, an example 
of such a system might be expressed as average overall cost per mile. 
As explained in greater detail later in this notice, the agency seeks 
comments as to whether such a combined rating could be developed and, 
if so, should be adopted in the final rule and implemented. The agency 
seeks comments on the relative advantages and disadvantages of a single 
combined rating, the three rating system in our proposal, and a third 
approach combining the first two approaches.

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[GRAPHIC] [TIFF OMITTED] TP22JN09.000

4. Proposed Information Dissemination and Reporting Requirements for 
Tire Manufacturers and Tire Retailers
    For tire manufacturers, NHTSA is proposing that manufacturers be 
required to report various data to the agency. This is necessary both 
for enforcement of the rating system, and for development of NHTSA's 
tire fuel efficiency Web site, which will contain a database of tire 
information with a calculator tool that allows easy comparison of fuel 
savings between various replacement tires.
    Regarding labeling, we are proposing to require tire manufacturers 
to print the tire fuel efficiency graphic (Figure 1) in color along 
with any other information manufacturers include on an existing paper 
label on the tire.\14\ At the manufacturer's option they could also 
meet the labeling requirement by displaying the tire fuel efficiency 
rating graphic as a separate label in full color.
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    \14\ Manufacturers are required to print UTQGS information on a 
paper label pursuant to 49 CFR 575.104(d)(1)(B). Many manufacturers 
include other information on this paper label as well. Note that 
NHTSA uses the term ``paper label'' in the colloquial sense; many 
labels on tires are actually made of plastic.
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    As for requirements for tire retailers, we are proposing a 
requirement that the paper label containing the new rating information 
must remain on the tire until the sale of the tire. The label refers 
consumers to the agency's Web site for further information about the 
ratings. We are further proposing a requirement that tire retailers 
must display a poster that NHTSA would print and distribute to them 
which would explain the rating system and encourage consumers to 
compare ratings across tires.
    In addition, for tire manufacturers and retailers that maintain a 
Web site, the agency is proposing to require those Web sites to link to 
NHTSA's comprehensive tire Web site we will be developing as part of 
the national tire maintenance consumer education program. The agency 
also seeks comments on any other information dissemination requirements 
that would ensure that easy-to-understand information is conveyed in a 
way that is most likely to impact consumers' decisions and, thus, 
affect their behavior and save them and our nation fuel and money.
5. Consumer Education Program
    This document identifies and seeks comment on various ways that 
NHTSA plans to implement a consumer education program to inform 
consumers about the effect of tire properties and tire maintenance on 
vehicle fuel efficiency, safety, and durability. All tires require 
proper inflation and maintenance to achieve their intended levels of 
energy efficiency, safety, wear, and operating performance. NHTSA has 
previously addressed the importance of proper tire inflation to fuel 
efficiency, treadwear, and safety in various public service campaigns. 
Although NHTSA has mandated tire pressure monitoring systems (TPMSs) be 
installed on new motor vehicles,\15\ a TPMS is not a substitute for 
proper tire maintenance. Motorists must be alerted to the fact that 
even small losses in inflation pressure

[[Page 29547]]

can reduce tire treadwear life, fuel efficiency, and operating 
performance.\16\
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    \15\ See 70 FR 18136 (April 5, 2005); Docket No. NHTSA-2005-
20586-1.
    \16\ When a tire is under-inflated, the shape of its footprint 
and the pressure it exerts on the road surface are both altered. One 
consequence of this alteration can be a reduction in the tire's 
ability to transmit (or generate) braking force to the road surface. 
Thus, under-inflated tires may increase a vehicle's stopping 
distance on wet surfaces. 66 FR 38982, 38986 (July 26, 2001). Under-
inflated tires also increase the rolling resistance of vehicles and, 
correspondingly, decrease their fuel economy. Id.
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    Some of NHTSA's ideas for consumer education include informational 
posters or brochures that NHTSA would distribute at trade shows and 
other events, and which tire retailers could display at the point of 
sale and a centralized, expansive government Web site on tires 
containing a database of all tire rating information. NHTSA is also 
planning to develop a comparative calculator that would show the amount 
of money a consumer would save annually or over the estimated lifetime 
of the tires of varying fuel efficiency ratings. Using the calculator, 
a consumer could select tires to compare, enter the fuel economy of 
their vehicle (miles per gallon or mpg) and the average number of miles 
they drive each year and even the dollar amount they are paying for 
fuel and get a calculation of differences in fuel usage and/or money 
saved for the tires under comparison.
    Finally, NHTSA plans to develop and form new partnerships to 
distribute educational messages about tire fuel efficiency and tire 
maintenance. NHTSA will seek to partner with any interested tire 
retailers, State or local governments, as well as manufacturers who 
share NHTSA's goal of promoting the importance of proper tire 
maintenance. NHTSA will also seek to partner with universities and high 
schools that may wish to educate students regarding tire fuel 
efficiency or proper tire maintenance. These various innovative tools 
and education measures will assist consumers in making better-informed 
tire purchasing and maintenance decisions.

D. Costs and Benefits

    The annual cost of NHTSA's proposal is estimated to be between 
$18.9 and $52.8 million. This includes testing costs of $22,500, 
reporting costs of around $113,000, labeling costs of around $9 
million, costs to the Federal government of $1.28 million, and costs of 
between $8.4 and $42 million to improve tires. In addition, NHTSA 
anticipates one-time costs of around $4 million, including initial 
testing costs of $3.7 million and reporting start-up costs of $280,000.
    It is hoped that the proposed rule will have benefits in terms of 
fuel economy, safety, and durability. At the very least, the proposed 
rule should enable consumers to make more informed decisions about 
these variables, thus increasing benefits along dimensions that most 
matter to them. It is possible that the rule will help promote 
innovation that will benefit consumers along all three dimensions. 
Because the agency cannot foresee precisely how much today's proposed 
consumer information program would affect consumer tire purchasing 
behavior and cannot foresee the reduction in rolling resistance among 
improved tires, the PRIA estimates benefits using a range of 
hypothetical assumptions regarding the extent to which the tire fuel 
efficiency consumer information program affects the replacement tire 
market. Specifically, the PRIA develops estimates assuming that between 
2% and 10% of targeted tires are improved and that the average 
reduction in rolling resistance among improved tires is between 5% and 
10%. Under these hypothetical assumptions, the proposal is estimated to 
save 7.9-78 million gallons of fuel and prevent the emission of 76,000-
757,000 metric tons of CO2 annually. The values of the fuel 
savings are between $22 and $220 million at a 3 percent discount rate 
and between $20 and $203 million at a 7 percent discount rate.

E. Lead Time

    Recognizing that the deadlines imposed by EISA indicate a desire to 
have information available to consumers as quickly as possible, NHTSA 
is proposing to require tire manufacturers to meet applicable 
requirements for all existing replacement tires within 12 months of the 
issuance of a final regulation. That is, within 12 months of the 
issuance of a final regulation tire manufacturers must submit required 
data to NHTSA on all existing replacement tires, and all replacement 
tires sold by the manufacturer or transferred to tire retailers must be 
labeled. For new tires introduced after the effective date of this 
rule, NHTSA is proposing to require reporting of information at least 
30 days prior to introducing the tire for sale, as is currently 
required for UTQGS information.
    Regarding the poster NHTSA is proposing to require in retailers 
that have a display room, the agency is proposing to make this poster 
available within 12 months of the issuance of a final regulation. At 
that time NHTSA will publish a Federal Register notice announcing the 
availability of the poster. The agency is proposing that a tire 
retailer must have the poster on display within 60 days of the issuance 
of the notice of availability in the Federal Register. We are proposing 
that a tire retailer will be able to comply with the requirement of 
displaying the poster either by downloading and printing it, in color 
and with the specifications from NHTSA's Web site, or by contacting the 
agency and requesting that we send the retailer a copy of the poster.
    For tire retailers and tire manufacturers with an Internet 
presence, NHTSA is proposing that those Web sites link to NHTSA's tire 
Web site within 12 months of the issuance of a final regulation. NHTSA 
will provide the direct link to the comprehensive tire Web site in that 
final regulation.

II. Background

A. Contribution of Tire Maintenance and Tire Fuel Efficiency to 
Addressing Energy Independence and Security

1. Tire Fuel Efficiency and Rolling Resistance
    Without the continual addition of energy, a vehicle will slow down. 
This effect is due to many forces, including aerodynamic drag, 
driveline losses, brake drag, and tire rolling resistance. The first 
three of these are vehicle properties; they will not be discussed 
further. Rolling resistance is the effort required to keep a given tire 
rolling. That is, rolling resistance is the energy loss during the 
continuation of rotational movement of the tire. As such, it always 
opposes the vehicle's longitudinal, or forward/backward, movement. 
Since this rolling resistance force (RRF) opposes the direction of 
travel of the rotating tire, it directly reduces the efficiency of a 
vehicle in converting the chemical energy in the fuel to motion of the 
vehicle. Therefore, tire rolling resistance is the most effective 
metric for rating the ``fuel efficiency'' of a tire.
    In general, vehicle efficiency affects the conversion of chemical 
energy in motor fuel into mechanical energy and the transmission of 
energy to the axles to drive the wheels. Figure 2 illustrates the 
energy uses and losses for a midsize passenger car. Part of the energy 
supplied to the wheels of the vehicle is lost due to energy converted 
to heat within the structure of the tire as well as friction between 
the tire and the road,

[[Page 29548]]

which creates resistance, decreasing fuel efficiency.
[GRAPHIC] [TIFF OMITTED] TP22JN09.001

    A tire's rolling resistance is the energy consumed by a rolling 
tire, or the mechanical energy converted into heat by a tire, moving a 
unit distance on the roadway.\18\ The magnitude of rolling resistance 
depends on the tire used, the nature of the surface on which it rolls, 
and the operating conditions--inflation pressure, load, and speed.\19\
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    \17\ See https://www.fueleconomy.gov/feg/atv.shtml; 2006 NAS 
Report, supra note 4, at 29.
    \18\ Rolling resistance is, thus, defined as energy per unit 
distance, which is the same units as force (Joules/meter = Newtons). 
However, unlike force, rolling resistance is a scalar quantity with 
no direction associated with it. National Highway Traffic Safety 
Administration, The Pneumatic Tire, DOT HS 810 561, at 477 (February 
2006).
    \19\ Id.
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2. Relationship Between Tire Maintenance and Tire Fuel Efficiency and 
Vehicle Fuel Economy
    Tires with reduced inflation pressure exhibit more sidewall bending 
and tread shearing. This increased deformation causes increased energy 
loss by the flexing of the rubber. Further, tires with less than 
optimal inflation pressure have a larger footprint of the tire on the 
road, creating more contact between the tire and the road, thereby 
increasing rolling resistance. Therefore, properly inflated tires 
achieve less rolling resistance and higher fuel efficiency than under-
inflated tires. Moreover, all tires require proper inflation and proper 
maintenance to achieve their intended levels of efficiency, safety, 
wear, and operating performance. Thus, a strong message urging vigilant 
maintenance of inflation must be a central part of communicating 
information on the fuel efficiency performance of tires to 
motorists.\20\
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    \20\ 2006 NAS Report, supra note 4, at 5, 97.
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    In addition to proper tire inflation pressure, combinations of 
differences in tire dimensions, design, materials, and construction 
features will cause tires to differ in rolling resistance as well as in 
many other attributes such as traction, handling, noise, wear 
resistance, and appearance.\21\ Thus, when choosing among replacement 
tires, consumers choose among tires varying in price, style, and many 
aspects of performance, including rolling resistance, treadwear life, 
and traction. Every year Americans spend approximately $20 billion 
replacing about 200 million passenger car tires.\22\ Thus, the tires 
consumers purchase will not only affect the handling, traction, ride 
comfort, and appearance of their cars, but also the fuel economy.\23\
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    \21\ Id. at 1.
    \22\ H.R. Rep. No. 109-537, at 3 (June 28, 2006); 2006 NAS 
Report, supra note 4, at 1.
    \23\ Most passenger tires are replaced every 3 to 5 years 
because of wear. Id.
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    Fuel economy improvements are a large part of ensuring a secure 
energy future.\24\ EISA will help reduce America's dependence on oil by 
reducing U.S. demand for oil by setting a national fuel economy 
standard of at least 35 miles per gallon by 2020--which will increase 
fuel economy standards by 40 percent and save billions of gallons of 
fuel. In the near future, per the President's announcement, NHTSA and 
EPA intend to initiate a joint rulemaking, with NHTSA proposing CAFE 
standards under EPCA, as amended by EISA, and EPA proposing greenhouse 
gas emissions standards under the Clean Air Act.\25\ This notice 
proposes a tire fuel efficiency rating system and consumer education 
program that will contribute to increases in actual on-road fuel 
economy achieved, even for vehicles currently in service.
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    \24\ See 73 FR 24352, 24360 (May 2, 2008).
    \25\ Notice of Upcoming Joint Rulemaking To Establish Vehicle 
GHG Emissions and CAFE Standards; Notice of Intent to Conduct a 
Joint Rulemaking, 74 FR 24007 (May 22, 2009).
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    Further, improving fuel economy reduces the amount of tailpipe 
emissions of CO2. CO2 emissions are directly 
linked to fuel consumption because CO2 is an ultimate end 
product of burning gasoline. The more fuel a vehicle burns, the more 
CO2 it emits. Since the CO2 emissions are 
essentially constant per gallon of fuel combusted, the amount of fuel 
consumption per mile is directly related to the amount of 
CO2 emissions per mile. Thus, improvements in fuel economy 
necessarily reduce tailpipe emissions of CO2.\26\ The need 
to take action to reduce greenhouse gas emissions, e.g., motor vehicle 
tailpipe emissions of CO2, in order to forestall and even 
mitigate climate change is well recognized.\27\
---------------------------------------------------------------------------

    \26\ Id. at 24356.
    \27\ IPCC (2007): Climate Change 2007: Mitigation of Climate 
Change. Contribution of Working Group III to the Fourth Assessment 
Report of the Intergovernmental Panel on Climate Change [B. Metz, O. 
Davidson, P. Bosch, R. Dave, and L. Meyer (eds.)]. Cambridge 
University Press, Cambridge, United Kingdom and New York, NY, USA.

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[[Page 29549]]

3. 2006 National Academy of Sciences Report
    In the Consolidated Appropriations Act of 2004,\28\ Congress 
provided funding through the USDOT/NHTSA to the National Academy of 
Sciences (NAS) to develop and perform a national tire fuel efficiency 
study and literature review.\29\ The NAS was to assess the feasibility 
of reducing rolling resistance in replacement tires and the effects of 
doing so on vehicle fuel consumption, tire wear life and scrap tire 
generation, and tire operating performance as it relates to motor 
vehicle safety. Congress asked that the assessment include estimates of 
the effects of reductions in rolling resistance on consumer spending on 
fuel and tire replacement.
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    \28\ H.R. Rep. No. 108-401, at 971 (Nov. 25, 2003) (Conf. Rep.).
    \29\ Ultimately the task was given to the Committee for the 
National Tire Efficiency Study of the Transportation Research Board, 
a division of the National Research Council that is jointly 
administered by the National Academy of Sciences, the National 
Academy of Engineering, and the Institute of Medicine.
---------------------------------------------------------------------------

    In April 2006, the Transportation Research Board and the Board on 
Energy and Environmental Systems, part of the National Academies' 
Division on Engineering and Physical Sciences, released Special Report 
286, Tires and Passenger Vehicle Fuel Economy: Informing Consumers and 
Improving Performance (2006 NAS Report).\30\ The 2006 NAS Report 
concluded that reduction of average rolling resistance of replacement 
tires by 10 percent was technically and economically feasible, and that 
such a reduction would increase the fuel economy of passenger vehicles 
by 1 to 2 percent, saving about 1 to 2 billion gallons of fuel per year 
nationwide.\31\
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    \30\ Transportation Research Board Special Report 286, Tires and 
Passenger Vehicle Fuel Economy, National Research Council of the 
National Academies (2006). A copy of this report will be placed in 
the docket.
    \31\ Id. at 2-3.
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    A reduction in the average rolling resistance of replacement tires 
in the vehicle fleet can occur through various means. Consumers could 
purchase more tires that are now available with lower rolling 
resistance, tire designs could be modified, and new tire technologies 
that offer reduced rolling resistance could be introduced. More 
vigilant maintenance of tire inflation pressure may further this 
outcome as well.\32\ The 2006 NAS Report concluded that consumers, if 
sufficiently informed and interested, could bring about a reduction in 
average rolling resistance by adjusting their tire purchases and by 
taking proper care of their tires once in service, especially by 
maintaining recommended inflation pressure.\33\
---------------------------------------------------------------------------

    \32\ Id. at 3.
    \33\ Id.
---------------------------------------------------------------------------

    The 2006 NAS Report observed that consumers currently have little, 
if any, practical way of assessing how tire choices can affect vehicle 
fuel economy. Recognizing this market failure, the Report recommended 
that Congress authorize and make sufficient resources available for 
NHTSA to prompt and work with the tire industry in gathering and 
reporting information on the influence of passenger tires on vehicle 
fuel consumption.\34\ The 2006 NAS Report recognized the challenge of 
changing consumer preference and behavior, but recommended 
Congressional action nonetheless because of the potential societal 
benefits associated with increasing effective on-road fuel economy by 
even 1 to 2 percent.\35\ This ambitious undertaking must begin with 
information concerning the tire's influence on fuel efficiency being 
made widely and readily available to tire buyers and sellers. The 
consumer tire information program mandated by EISA and proposed in 
today's notice begins this undertaking.
---------------------------------------------------------------------------

    \34\ Id. at 2, 4.
    \35\ Id.
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    Other countries have also begun working towards increasing on-road 
fuel economy by reducing average rolling resistance. These countries 
include those of the European Union and Japan. In addition, the State 
of California has also initiated a program to increase vehicle fuel 
economy using tire efficiency ratings.
4. California
    In 2001, California Senate Bill 1170 authorized the California 
Energy Commission (CEC) to conduct a study to investigate opportunities 
for increasing usage of low rolling resistance tires in California.\36\ 
The study concluded that there was a potential for substantial vehicle 
fuel savings from an increase in the use of properly inflated, low 
rolling resistance tires. As a result of this study, in October 2003, 
the California State legislature adopted Assembly Bill No. 844 (AB 
844),\37\ which required the CEC to develop a comprehensive fuel 
efficient tire program.\38\
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    \36\ See Cal. Pub. Res. Code Sec. Sec.  25000.5, 25722-25723 
(2009); 2001 Cal. Legis. Serv. Ch. 912 (S.B. 1170) (West).
    \37\ See Cal. Pub Res. Code Sec. Sec.  25770-25773; 2003 Cal. 
Legis. Serv. Ch. 645 (A.B. 844) (West).
    \38\ Specifically, AB 844 required the State Energy Resources 
Conservation Board ``to adopt, on or before July 1, 2007, and 
implement, no later than July 1, 2008, a replacement tire fuel 
efficiency program of statewide applicability for replacement tires 
for passenger cars and light-duty trucks, that is designed to ensure 
that replacement tires sold in the State are at least as energy 
efficient, on average, as the tires sold in the State as original 
equipment on those vehicles.'' Cal. Pub. Res. Code Sec.  25772.
---------------------------------------------------------------------------

    The program would consist of three phases. In the first phase, the 
CEC will develop a database with information on the fuel efficiency of 
replacement tires sold in California, develop a rating system for the 
energy efficiency of replacement tires, and develop a manufacturer 
reporting requirement for the energy efficiency of replacement 
tires.\39\ In the second phase, the CEC will consider whether to adopt 
standards for replacement tires to ensure that replacement tires sold 
in the State are at least as energy efficient, on average, as original 
equipment tires.\40\ In deciding whether to adopt standards, the CEC 
must ensure that a standard:
---------------------------------------------------------------------------

    \39\ See id. at Sec.  25771.
    \40\ See id. at Sec.  25772. EISA does not provide NHTSA with 
the authority to directly regulate the fuel efficiency of tires. 
EISA's mandates to NHTSA regarding replacement tire fuel efficiency 
relate only to developing ratings and disseminating information to 
consumers.
---------------------------------------------------------------------------

     Is technically feasible and cost effective;
     Does not adversely affect tire safety;
     Does not adversely affect the average life of replacement 
tires; and
     Does not adversely affect the State effort to manage scrap 
tires.\41\
---------------------------------------------------------------------------

    \41\ See id. at Sec.  25773.

    If standards are adopted, the CEC will also develop consumer 
information requirements for replacement tires for which standards 
apply. In the third phase, the CEC must review and revise the program 
at least every three years.\42\
---------------------------------------------------------------------------

    \42\ Id.
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    On June 10, 2009, the Transportation Policy Committee of the CEC 
conducted a workshop regarding the Energy Commission Fuel Efficient 
Tire Program. As part of that workshop, the CEC staff draft regulation 
was made public.\43\ The draft regulation specifies testing and 
reporting requirements for manufacturers, and describes the database 
the CEC will maintain. The draft regulation defines a ``fuel efficient 
tire'' as a tire with ``a declared fuel efficiency rating value no 
higher than 1.15 times the lowest declared fuel efficiency rating value 
for all tires in its

[[Page 29550]]

combined tire size designation and load index.'' \44\
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    \43\ See https://www.energy.ca.gov/transportation/tire_efficiency/documents/#061009 (last accessed June 15, 
2009).
    \44\ Publication CEC-600-2009-010-SD (posted May 29, 
2009), available at https://www.energy.ca.gov/2009publications/CEC-600-2009-010/CEC-600-2009-010-SD.PDF (last accessed June 15, 2009).
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5. European Union
    Europe is approaching the issue of tire fuel efficiency from two 
directions. On March 10, 2009, the European Parliament and the Council 
of the European Union adopted the European Commission Proposal for a 
regulation concerning new type-approval requirements for the general 
safety of motor vehicles.\45\ One of the new requirements in this 
regulation will gradually prohibit original equipment and replacement 
tires with a rolling resistance coefficient (RRC) above certain levels 
beginning November 1, 2012.
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    \45\ See https://www.europarl.europa.eu/sides/getDoc.do?pubRef=-/
/EP//TEXT+TA+P6-TA-2009-0092+0+DOC+XML+V0//EN&language=EN#top (last 
accessed Mar. 11, 2009).
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    On April 22, 2009, the European Parliament adopted another 
Commission proposal, ``Fuel Efficiency: Labeling of Tyres.'' The new 
regulation will require original equipment and replacement tires to be 
rated for rolling resistance, wet grip and noise.\46\ The rolling 
resistance rating is determined using the same test procedure as in ISO 
28580: Tyre Rolling Resistance measurement method--Single point test 
and measurement result correlation--Designed to facilitate 
international cooperation and, possibly, regulation building. The 
ratings must be provided to consumers in a label on the tire, and also 
in technical promotional literature, while the measured value for RRC 
as determined for the type-approval regulation must be molded onto the 
tire sidewall.
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    \46\ See https://www.europarl.europa.eu/oeil/FindByProcnum.do?lang=2&procnum=COD/2008/0221 (last accessed Mar. 4, 
2009). Mandatory requirements are also proposed to begin in October 
2010 for wet grip and external rolling noise.
---------------------------------------------------------------------------

    The label design is the same A to G scale as that used to rate the 
energy efficiency of household appliances in Europe.\47\ It will apply 
to tires fitted to passenger cars as well as light and heavy duty 
vehicles. Tire manufacturers are required to have a ``fuel savings 
calculator'' on their Web sites, while the European Commission is 
required to establish a ``EU tyre labeling Web site'' by September 
2010. The new regulation will go into effect in 2012, but tire 
manufacturers are encouraged to comply earlier.
---------------------------------------------------------------------------

    \47\ See Council Directive 1992/75/EEC, 1992 O.J. (L 297) 16-19 
(on the indication by labeling and standard product information of 
the consumption of energy and other resources by household 
appliances).
---------------------------------------------------------------------------

6. Japan
    In late 2008 the Ministry of Economy, Trade and Industry (METI) and 
the Ministry of Land, Infrastructure, Transport and Tourism (MLIT) 
announced a decision to establish a fuel efficient tire program.\48\ 
The stated objectives are to include standards for measuring rolling 
resistance, providing information to consumers, and consideration of 
ways to ensure proper tire pressure management (either through tire 
pressure monitoring systems or consumer education). Japan has been 
participating in the development of ISO 28580.
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    \48\ See https://www.meti.go.jp/english/press/data/20081226_01.html (last accessed Mar. 10, 2009).
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B. Energy Independence and Security Act of 2007 Mandated Consumer Tire 
Information Program

    The legislation that eventually became section 111 of EISA 
mandating the tire fuel efficiency consumer education program was 
originally introduced by itself in the U.S. House of Representatives as 
H.R. 5632 \49\ following the recommendations in the 2006 NAS 
Report.\50\ The bill was introduced on June 16, 2006, and on June 28, 
2006, the House Committee on Energy and Commerce reported on a slightly 
amended version of the bill.\51\ It was never acted upon by the 109th 
Congress, but it was inserted into a comprehensive energy bill as the 
110th Congress began to develop it in May 2007.
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    \49\ H.R. 5632, 109th Cong. (2d Sess. 2006).
    \50\ Previous attempts to establish a national tire fuel 
efficiency program can be found in proposed amendments to various 
energy bills in prior years. See e.g., S. Amdt. 3083, 108th Cong., 
150 Cong. Rec. S4710 (2004) (proposing to amend S. 150); S. Amdt. 
1470, 108th Cong., 149 Cong. Rep. S10707 (2003) (proposing to amend 
S. 14). These amendments proposed regulating the fuel efficiency of 
tires in addition to a tire fuel efficiency grading system and 
consumer information program, and were not adopted.
    \51\ See H.R. Rep. No. 109-537 (2006).
---------------------------------------------------------------------------

    The Motor Vehicle Information and Cost Savings Act, which was 
enacted in 1972, mandated a Federal program to provide consumers with 
accurate information about the comparative safety and damageability of 
passenger cars. These requirements were codified in Chapter 323 of 
title 49 of the United States Code (U.S.C.). EISA added section 32304A 
to title 49 U.S.C., Chapter 323, which gives authority to the 
Department of Transportation (DOT) to establish a new consumer tire 
information program to educate consumers about the effect of tires on 
automobile fuel efficiency, safety, and durability. The DOT has 
delegated authority to NHTSA at 49 CFR 1.50.
    We have summarized below the requirements of title 49 U.S.C. 
32304A, the consumer tire information program provision enacted by 
EISA. We request comment on how effectively our proposal is likely to 
be in achieving the goals of EISA. For example, what methodologies and 
assumptions should be used in establishing and implementing the new 
rating system? What is the most effective way to engage and educate 
consumers regarding the proposed rating system?
1. Tires Subject to the Consumer Information Program
    The national tire fuel efficiency consumer information program 
mandated by EISA and proposed in this notice is applicable ``only to 
replacement tires covered under section 575.104(c) of title 49, Code of 
Federal Regulations'' (CFR), as that regulation existed on the date of 
EISA's enactment.\52\ Section 575.104 of title 49 CFR is the Federal 
regulation that requires motor vehicle and tire manufacturers and tire 
brand name owners to provide information indicating the relative 
performance of passenger car tires in the areas of treadwear, traction, 
and temperature resistance. This section of NHTSA's regulations 
specifies the test procedures to determine uniform tire quality grading 
standards (UTQGS), and mandates that these standards be molded onto 
tire sidewalls.
---------------------------------------------------------------------------

    \52\ 49 U.S.C. 32304A(a)(3).
---------------------------------------------------------------------------

    Title 49 CFR, section 575.104 applies only to ``new pneumatic tires 
for use on passenger cars * * * [but] * * * does not apply to deep 
tread, winter-type snow tires, space-saver or temporary use spare 
tires, tires with nominal rim diameters of 12 inches or less, or to 
limited production tires as defined in [49 CFR 575.104(c)(2)].'' \53\ 
Accordingly, today's proposed tire fuel efficiency consumer information 
program applies only to replacement passenger car tires with the same 
exclusions as the UTQGS regulation.
-------------